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Florida Personal Injury Laws

Filing A Florida Accident Or Injury Claim?

If you have been injured and seeking a lawyer to file a negligence claim you should be familiar with the Florida  laws that govern accident, injury and death lawsuits.

Important Deadlines

You have four years from the date of the accident to file a lawsuit. There are ways to file for an extension.

Comparative Negligence

The amount of compensation you re entitled to receive will be reduced by an amount that is equal to your percentage of fault for the accident.

Florida No-Fault

This means that your insurance policy ( personal injury protection coverage) will provide compensation for medical expenses and lost income, no matter who was at fault for the accident.

Personal Injury Lawsuits Are Filed For:

  • Permanent injury
  • Significant and permanent scarring or disfigurement,
  • Significant and permanent loss of a bodily function.

Liability Limits

Florida limits punitive damages to three times the amount of compensatory damages, or $500,000 whichever amount is greater. This law can be found at Fla. Stat. Ann. section 768.73.

Speak to a personal  injury lawyer to protect your rights

What Is A Florida Medical Malpractice Lawsuit?

Medical Malpractice Overview

You may be able to  file a  medical malpractice lawsuit if a  health care professional  neglects to provide appropriate treatment, omits to take an appropriate action, or gives substandard treatment that causes severe injury, or death.
A malpractice or negligence lawsuit is an action due to a  medical error. This could be missed or misdiagnosis, medication dosage, health management, treatment, or aftercare. Medical malpractice lawyers help to recover compensation from any harms that result from sub-standard treatment. An error, negligence, or omission can lead to a malpractice lawsuit against a hospital, doctor, or other health care professional.

Can I File A Florida Medical Malpractice Lawsuit?

What Is The Criteria?

  1. The injury must be serious with permanent lasting consequences.
  2. You must show that the injury or harm caused by the medical negligence resulted in considerable injury or death
  3. You  must show that the physician acted negligently in rendering care, and that such negligence resulted in injury.
  4. A  breach of professional  duty must be shown
  5. injury caused have been caused by  this  breach
  6. There must be resulting damages or injury.
  7. There must be an act of omission or a negligence.
  8. It is only malpractice when there is negligence and injury and negligence causes the harm or injury.

Examples Of  Malpractice

  • Misdiagnosis or failure to diagnose,
  • Unnecessary or incorrect surgery,
  • Premature discharge from a medical facility,
  • Failure to order appropriate tests,
  • Failure to act on results of tests,
  • Not following up on a medical issue,
  • Prescribing the wrong dosage ot medication,
  • Prescribing the wrong medication,
  • Giving the wrong medication,
  • Leaving things inside the patient s body after surgery,
  • Operating on the wrong part of the body,
  • Persistent pain after surgery,
  • Pressure ulcers, or bedsores in a nursing home or other facility

The Most Common Medical Malpractice Lawsuits

  • Misdiagnosis,
  • Delayed Diagnosis,
  • Childbirth Injuries,
  • Medication Errors,
  • Surgery Errors,
  • Anesthesia Error Malpractice

If you feel you or a loved one has been a victim of medical malpractice or doctor- hospital negligence contact us immediately

Nursing Home Abuse Lawyer

Get a nursing home abuse lawyer for a  Boca Raton, Bradenton, Sarasota, Clearwater, Okeechobee, Belle Glade, Melbourne, Delray Beach, Hallandale, Fort Lauderdale, Fort Myers, Fort Pierce, Stuart, Gainesville, Hialeah, Hollywood, Homestead, Jacksonville, Key West, Kissimmee, Lakeland, Largo, Melbourne, Miami, Miami Beach, Naples, New Smyrna Beach, Ocala, Orlando, Panama City, Pensacola, Plantation, Pompano Beach, Port Saint Lucie, Palm Beach, St. Petersburg, Sarasota, Tallahassee, Tampa, Tarpon Springs, Titusville, Venice, Vero Beach, West Palm Beach, Winter Garden, Winter Haven, or Winter Park nursing home abuse or neglect lawsuit.

Nursing home abuse happens more often then you may think. Abuse is an act that is intentional and results in injury or some kind of harm. Abuse can be physical, emotional , sexual or financial. Neglect is not abuse. neglect is the result of mistreatment, denied treatment, forgetful treatment or just plain ignoring a serious medical situation where the result is a serious medical condition or even death.

Serious Nursing Home Neglect

  • Ignoring Bedsores
  • Allowing Dehydration
  • Poorly maintained medical equipment
  • Missing medications
  • Over medication
  • Isolating resident
  • Malnutrition- lack of help eating
  • Serious urinary tract infections from not changing after incontinence
  • Lack of showering
  • Allowing a fall
  • Poor hygiene
  • Anything that causes harm

Our local nursing home abuse lawyers can help you file a nursing home abuse lawsuit against the nursing home. Our Nursing home neglect lawyers can assist with a nursing home neglect lawsuit as well.

Child Sexual Assault Lawyer For Florida, N.Y, Georgia

Get a Child Sexual Assault Lawyer

Was your child sexually assaulted?

Sexual Assault and Harassment Lawyers For Florida, New York and Georgia

Child sexual assault, sexual abuse and abuse are crimes which include:

voyeurism

exhibitionism

sexual photographing or videotaping,

forced touching in a sexual manner,

forcing your child to engage in sexual touch while under their care,

coerced and/or forced sexual intercourse,

physical violence

Date rape

Sexual assaults can happen in schools, daycare, with anyone whom you trust with the care of your child.

Then the abuserwill often make your child feel guilty and your child, the true victim will not come forward and break their silence.

As a parents or guardian you may bring a lawsuit on behalf of a child. Child sexual abuse lawsuits are sensitive issues and require an experienced attorney.

Did you know that every two and a half minutes, If your is sexually assaulted they may be afraid to say anything but, you will know something is not right. Approximately 1 in 4 females and 1 in 7 males are reported to have been sexually abused by the age 18.

If your child has been injured in a sexual assault call our Sexual Assault Lawyer Helpline today.

Were You Denied Your Social Security Disability Claim? Get A Lawyer, File An Appeal

Get A Social Security Disabilty Lawyer For A Georgia Or Florida Appeal

Our lawyer can help you file an appeal at no cost to you. We have lawyers covering all of Florida and Georgia. Let one of our experienced disability lawyers help you get your disability benefits.

Should I hire a Social Security Disability Lawyer?

Of Course You Should.

Having an experienced lawyer on your side may make all the difference. And it costs you nothing.

If you have been denied on your Initial Claim, an experienced social security disability lawyer can help you with your claim for continuing and past due benefits . Free Legal Shield has experienced social security disability lawyers for you thru-out Florida and Georgia.

Claims Are Often Denied The First Time Around

Initial claims are typically denied 60 to 70 percent of the time, depending on the state in which you filed, so chances are you’ll end up in a hearing.

For further information, contact us now for a social security disability lawyer.

We are here 24hrs, 7days.

Florida Mesothelioma Lawyers, Florida Mesothelioma Division Launched

Free Legal Shield has launched a Florida Mesothelioma Lawyer Helpline for victims of asbestos. There is funds for asbestos victims in various trusts that were set up for the purpose of compnesatin mesothlioma victims.

Mesothelioma and Asbestos Lawyer Helpline

What you need to Know

  • A trust fund allows the companies responsible for the asbestos exposure to plan their expenditures for compensation.
  • The trust fund is funded by mandatory contributions from the companies who built their profits on asbestos.
  • The trust fund is part of a Chapter 11 proceeding for the companies who have declared bankruptcy
  • Congress introduced special treatment for companies facing an overwhelming burden from asbestos litigation.
  • The company must commit at least 50% of their reorganized equity to a trust fund which will be used to pay asbestos claims.
  • The trust funds from which benefits will be drawn will be funded by contributions from several dozen companies who have caused victims to get mesothelioma from asbestos.
  • The contribution is set by the law.
  • The contribution is determined by the liability and capacity to contribute
  • Filing an asbestos bankruptcy trust claim requires showing evidence of an asbestos related injury.
  • Most trusts identify categories and levels of diseases that are eligible for various amounts of compensation.

Evidence Of An Asbestos Related Injury

Medical Documentation of Asbestos Disease Claim

  • Reports showing that the claimant has been diagnosed with an asbestos-related .
  • Documentation describing to what extent asbestos contributed to your disease.
  • A statement from a treating doctor regarding the diagnosis.
  • Evidence that you were exposed to asbestos at the company’s facilities or from the company’s products

It is best to get help from an asbestos lawyer with experience in these claims to make sure they are done correctly and to help gather the information. This is a tedious process which you and your family should not have to deal with on your own.

Fort Lauderale School Bus Accident Lawyer

If your child is injured in a school bus accident you may have recourse against the school or the driver that caused the accident. Call and speak to one of our school bus accident attorneys.

Your child rides on the school bus every day to go to school. You think nothing of it and put your trust in the driver. But, children sustain injuries each year in school bus related accidents.

Having your child injured in a school bus accidents can be devastating.

Let our school bus accident lawyers evaluate the accident and severity of the school bus injury and determine the liability.

School Bus Accidents Can Happen Because Of

  • There may be dangerous driving conditions
  • Roadsmay be in need of repair
  • A careless driver
  • A malfunctioning school bus
  • Insufficient upkeep of the school bus
  • An Inattentive driver

Common school bus accident injuries

  • Internal bleeding
  • Brain injuries
  • Severe skin burns
  • Lacerations
  • Spinal injuries
  • Death

If your child is injured call us for an experienced and compassionate lawyer

Florida Car Accident Lawyers, Auto Accident Injury Attorneys Free

Florida Car Accident Lawyers Fighting For Your Rights

Car Accident Lawyers Protecting the Injured People Since 1996!

Lawyers anyplace in Florida are ready to help you 24hrs, 7 days.

What Should I Do After A Miami, Fort Lauderdale, Boca Raton, West Palm Beach, Orla ndo, Tampa or Ft Myers Car Accident?

If you were in a car accident, you should consult with a car accident attorney to protect your rights. There are also certain steps you can take at the scene of the car crash: By staying calm, not admitting guilt at the auto accident scene, and cooperating with the police, you give yourself a much better chance of getting paid for any damages you may have suffered due to the car accident.

  • Move your vehicle out of traffic if it is safe to do so. Warn others motorists of the car crash by turning on your vehicle’s hazard lights.
  • Check on the condition of other drivers and passengers involved. If anyone requires immediate medical attention, call an ambulance.
  • Exchange names, addresses, driver’s license, and insurance information with all involved in the automobile accident.
  • Contact local law enforcement to have a police report prepared.
  • Do not make or sign an admission of guilt or responsibility for the car accident until you have received professional legal advice from a car accident lawyer from Injury Lawyers Network USA.
  • Contact your insurance company as soon as possible after the accident and report the incident.
  • If you have a camera or a cell phone that can take pictures, photograph the scene before the vehicles are moved as well as any damage to your car. This evidence may come in handy in your personal injury lawsuit.

Call 24 hrs, 7 days for an experienced car accident lawyer, auto accident attorney, or personal injury law firm.

Call with confidence you will be connected to an a ttorney with decades of e xperience with all motor vehicle accidents including: 18 wheel truck, motorcycle, bicycle, bus, train, and car accident lawyers. Our attorneys also have vast experience in major pile up car accidents and serious car crashes.

This accident team knows that injuries from car accidents can result in death or severe injuries that could require a lifetime of expensive medical care. These collisions can cause catastrophic brain and spinal cord injuries, as well as broken bones and internal injuries. You should consult an experienced car accident lawyer to fight for the money damages you deserve.

call now, we are here to help you

Florida Car Accident Lawyers, Auto Accident Injury Help

Florida Car Accidents are on the Rise, Florida Car Accident Lawyers

Five years of highway fatality data have found that Florida s 382-mile stretch of the highway I- 95 is the most dangerous road in the country, with the worst rate of fatal accidents, according to National Highway Traffic Safety Administration data..

Every time you get behind the wheel in Florida , you are at risk of being involved in a Florida car accident. According to the latest statistics in Florida, there were 256,206 traffic crashes in 2007 alone. That means that on average, there were 702 crashes each day.

The Florida Department of Highway Safety and Motor Vehicles presents an annual Florida Traffic Crash Statistics Report that contains information from the Department’s crash database, which is compiled from traffic crash reports from Florida and local law enforcement agencies. Law enforcement officers are required to submit a long-form crash report when investigating accidents where there was a death or personal injury, if someone left the accident scene when there was damage or if alcohol or other controlled substance was a factor.

The Orlando-Kissimmee region was first out of 52 in the rankings of most dangerous pedestrian regions, with more than 550 pedestrians killed from 2000 to 2009. This translates to an annual fatality rate of 3 per 100,000 people. Second was Tampa-St. Petersburg-Clearwater, followed by Jacksonville and Miami-Fort Lauderdale-Pompano Beach.

7050 W. Palmetto Park Road, Boca Raton, FL 33433
Attorneys who cover Boca Raton, Delray Beach, and Palm Beach County
1401 Broadway, New York, NY 10018
20 N.Orange Ave, Orlando, FL 32801
Attorneys who cover Orlando, Winter Park, Winterhaven, Kissimmee,Ocala,Atlamonte Springs,Deland,Melbourne, Daytona. Orange,Osceola,Seminole,Lake,Volusia, Polk and Brevard Counties
5713 Corporate Way, West Palm Beach, FL
Attorneys who cover: Lake Worth, West Palm Beach, Jupiter, Stuart,Port St Lucie, Okeechobee, Belle Glade, Vero Beach, Palm Bay Palm Beach, Martin, St Lucie and Indian River counties
200 Biscayne Blvd., Miami, FL 33131
Attorneys who cover Miami, Hialeah, Miami Beach and the Florida Keys including all of Dade and Monroe counties
110 E. Broward Blvd., Ft. Lauderdale , FL 33301
Attorneys who cover Hollywood,Fort Lauderdale,Pompano, Deerfield Beach, Coral Springs and all of Broward County
3630 W. Kennedy Blvd., Tampa, FL 33360
Attorneys who cover Tampa, Brandon, Clearwater, St Pete, New Port Richey, Brooksville, Sarasota, Naple, Venice, Bradenton, Fort Myers, Cape Coral and all of Hernanado, Citrus, Pasco, Pinnellas, Hillsboro, Sarasota, Manatee, Lee and Collier counties.
10151 Deerwood Park # 200-250, Jacksonville, FL
Attorneys who cover Jacksonville, Jacksonville Beach, St. Augustine, Orange Park all of Northeast Florida including Marion Sumter, Flager and Duval counties. Also Attorneys who cover Northwest Florida including: Tallahassee, Pensacola, Panama City and Starke.

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Below is a summary of the traffic accident statistics in Florida in 2007 (the latest totals available)

• Drivers involved in accidents – 366,917

• Mileage Death Rate (per 100 million vehicle miles traveled) –1.57

• Traffic deaths – 3,221

• Fatal traffic accidents – 2,947

• Injuries from traffic crashes – 212,149

• Accidents resulting in injuries – 135,601

• Accidents resulting in property damage only – 117,658

• Alcohol-related accidents – 22,823

• Drug-related accidents – 1,252

• Pedestrian accidents – 8,129

• Bicycle accidents – 4,847

• Motorcycle crashes – 9,205

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In 2009 there were 235,778 traffic accidents, out of which 197,214 resulted in injuries in the overall state of Florida. That means that 83.64% of all traffic accidents resulted in reported injuries. The remaining 16.36% resulted in reported deaths or property damage.

GranuFlo Recall, Dialysis Medication Lawsuits, Heart Attack From Dialysis Medication Lawyers

GranuFlo is used in Dialysis treatment. it has been recalled due to sudden heart attacks and deaths. Heart attack from dialysis medication lawyers are filing lawsuits for deaths from dialysis medications.

Definitions and Kindney Disease Overview

Chronic kidney disease (CKD): any condition that causes reduced kidney function over a period of time. CKD is present when a patient’s glomerular filtration rate remains below 60 milliliters per minute for more than 3 months or when a patient’s urine albumin-to-creatinine ratio is over 30 milligrams (mg) of albumin for each gram (g) of creatinine (30 mg/g).

End-stage renal disease (ESRD): total and permanent kidney failure. When the kidneys fail, the body retains fl uid. Harmful wastes build up. A person with ESRD needs treatment to replace the work of the failed kidneys.

Acute kidney injury (AKI): sudden, temporary, and sometimes fatal loss of kidney function

incidence: the number of new cases of a disease in a given time period

prevalence: the number of existing cases of a disease at a given point in time


Chronic Kidney Disease, Dialysis and GranuFlo. GranuFlo is a Threat to Seniors

  • The incidence of CKD is increasing most rapidly in people ages 65 and older.
  • The incidence of recognized CKD in people ages 65 and older more than doubled between 2000 and 2008.
  • The incidence of recognized CKD among 20- to 64-year-olds is less than 0.5 percent.

CKD Prevalence , GranuFlo Threat in 60 and Over Population

The prevalence of CKD is growing most rapidly in people ages 60 and older.
Between the 1988–1994 National Health and Nutrition Examination Survey (NHANES) study and the 2003–2006 NHANES study, the prevalence of CKD in people ages 60 and older jumped from 18.8 to 24.5 percent.
During that same period, the prevalence of CKD in people between the ages of 20 and 39 stayed consistently below 0.5 percent.

Dialysis Statistics By State

  • Alabama: 7,334
  • Alaska: 350
  • Arizona: 6,747
  • Arkansas:2,905
  • California: 45,047
  • Colorado: 3,360
  • Connecticut: 3,497
  • DC:1,809
  • Delaware: 1,170
  • Florida: 20,365
  • Georgia: 14,086
  • Hawaii: 2,449
  • Idaho: 916
  • I llinois: 15,268
  • Indiana: 6,539
  • Iowa: 2,296
  • Kansas: 2,384
  • Kentucky: 4,262
  • Louisiana: 7,287
  • Maine: 975
  • Maryland: 7,823
  • Massachusetts: 5,123
  • Michigan:12,293
  • Minnesota: 3,697
  • Mississippi:5,456
  • Missouri:6,467
  • Montana: 627
  • Nebraska:1,473
  • Nevada: 2,294
  • New Hampshire: 690
  • New Jersey: 10,580
  • New Mexico: 2,451
  • New York: 23,612
  • North Carolina: 12,895
  • North Dakota: 501
  • Ohio: 13,761
  • Oklahoma:3,793
  • Oregon: 2,703
  • Pennsylvania: 14,201
  • Puerto Rico:4,032
  • Rhode Island: 838
  • South Carolina: 7,199
  • South Dakota: 689
  • Tennessee: 7,482
  • Texas: 32,383
  • Utah: 1,303
  • Vermont: 380
  • Virginia: 9,332
  • Washington: 5,026
  • West Virginia: 1,794
  • Wisconsin: 4,899
  • Wyoming:248


The high incidence of Dialysis treatment in Florida is due to the numbers of aging population. Our Florida Seniors are at risk for sudden heart attack form the dialysis medication GranuFlo and Naturalyte.

Fresenius labs has used GranuFlo and Naturalyte in Dialysis Treatments. Fresnius knew of the dangers and still used the medication. As a result many of our seniors have suffered cardiac arrest and heart problems

Fresenius Claima To Be Patient-Centered Care for Chronic Kidney Disease

Fresenius Medical Care North America is a major provider of kidney dialysis services and renal care products. We provide products, dialysis care services, education and support for Chronic Kidney Disease (CKD), including treatment options for later stage CKD.

Our dialysis care services include hemodialysis, peritoneal dialysis, education tools and transplant support services, in-center, at home, or in a hospital, to fit our patients needs. We manufacture and distribute a variety of dialysis products and equipment, including dialysis machines, dialyzers and other dialysis-related supplies.

FDA Issues Class 1 Recall of GranuFlo

In late March of 2012, the FDA became aware of the apparent link between GranuFlo and cardiac arrest, according to the New York Times. In response to information about this threat to dialysis patients, which GranuFlo producer Fresenius had not made public, the FDA issued a Safety Communication warning about the dangers of alkali dosing errors for products like GranuFlo and NaturaLyte in hemodialysis patients.

In June, the FDA then issued a Class 1 recall of GranuFlo. This is the most serious class of recall, issued when the FDA deems there to be "a situation in which there is a reasonable probability that the use of or exposure to a violative product will cause serious adverse health consequences or death." The FDA described the reason for the recall thus:

The manufacturer is cautioning clinicians to be aware of the concentration of acetate or sodium diacetate (acetic acid plus acetate) contained in Fresenius Naturalyte Liquid and Granuflo Dry Acid Concentrate. Inappropriate prescription of these products can lead to a high serum bicarbonate level in patients undergoing hemodialysis. This may contribute to metabolic alkalosis, which is a significant risk factor associated with low blood pressure, hypokalemia, hypoxemia, hypercapnia and cardiac arrhythmia, which, if not appropriately treated, may culminate in cardiopulmonary arrest. This product may cause serious adverse health consequences, including death.

GranuFlo Lawsuits Mounting Up. Protect Our Seniors, File Your GranuFlo Lawsuit Today

GranuFlo and NaturaLyte lawsuits are being filed in courts around the country, after hundreds of patients suffered cardiac arrest, sudden cardiac death. Pur seniors are in danger. Serious heart problems have been reported following the use of the drugs during dialysis treatments. While Fresenius Medical, the manufacturer of GranuFlo and NaturaLyte, learned of the risks associated with the dialysis drugs in 2011, a GranuFlo and NaturaLyte recall was not announced until months later. GranuFlo and NaturaLyte lawsuits are now being filed on behalf of our seniors who are victims of serious heart side effects within 48 hours of a dialysis treatment with GranuFlo and Naturalyte. Problems include: sudden cardiac death, cardiopulmonary arrest, heart attack and the development of heart problems.

File Your GranuFlo Lawsuit and Protect Your Loved Ones. Get Justice form Manufacturers who value profits over harm to people. If you, a loved one or someone you are a caregiver for has been injured by a dialysis medication call the GranuFlo Lawyer Helpline of Free Legal Shiels today.