A DAY IN THE LIFE OF A FLORIDA LAWYER
“Simon Flinch, Esq.” This was the name neatly carved on the oak-paneled door upon which Beth summoned enough courage to tap. A grey-haired gentleman in his late forties showed at the door and ushered her in. Simon knew this was a personal injury case, which he had an expertise built in his formidable 22 years of legal service. He guessed, whatever Beth would say, it would make his day.
Jason, Beth’s 8 year-old son was injured on a private property and the owner did not claim responsibility since Jason trespassed on the property. Simon nod in silence and when Beth was done, he gave what he, and other Florida Lawyers like him, including Ft. Lauderdale Lawyers knew best about personal injury cases arising from the same circumstances.
Can you sue the owner of a private property when you got injured while trespassing?
The answer is not conclusive. As a general rule, the owner of the property has no “duty of care” to those who cross his property uninvited or without his expressed or implied consent. However, there are three exceptions, which give rise to accountability:
First, when a property owner has prior knowledge that trespassers habitually use a portion of his property, he has the duty, as provided for by law, to provide reasonable degree of care to make that portion of his property safe. A warning sign should be visible, in case that portion of the property poses a threat to the safety of trespassers.
Second, when a property owner has personal knowledge or enough evidence to believe that a person who is trespassing his property would be in imminent danger; the law provides that the property owner should exercise a reasonable degree of care over the safety of the person trespassing.
What about children of Jason’s age?
Third, for children like Jason, the law provides that regardless of the offense of trespassing, the property owner shall be deemed liable in case a child injures himself while at the property, provided the following circumstances concur:
• Prior knowledge of danger. The owner has prior knowledge which portion of his property children most likely will trespass, and that he is aware of the presence of danger on that portion of his property;
• Lack of reasonable degree of care. Despite of the presence of danger which would endanger a child’s safety that could result to his injury or even death, the owner did not observe reasonable degree of care to remove the condition which poses danger.
• Bad outweighs the Good. The attendant risk on children outweighs whatever benefit the owner generates from the presence of the condition.
In personal injury cases, it is best to consult a legal mind to determine your rights. In Florida, there are prominent Florida Attorneys who, like Simon, have built a solid foundation of competence in resolving personal injury cases. When in Ft. Lauderdale, Ft. Lauderdale Attorneys are more than willing to offer legal assistance.
When Beth left Simon’s office, she felt as if a heavy load was taken off her shoulders. She realized how lawyers, called by a lot of names like “Florida Lawyers”, “Florida Attorneys”, “Ft. Lauderdale Lawyers”, “Ft. Lauderdale Attorneys”, and maliciously considered “devil’s advocates”, in moments of desperation; they can be like “angels” too.
Obviously, Beth learned lots of things about personal injury and lawyers, but the most important thing she learned was, regardless of a lawyer’s help to claim for monetary damages, it is still best to be extra vigilant with safety – all the way!
--christiene--
Getting what is due to you.
Experiencing a personal injury can be a very stressful, and sometimes life changing, event in a person’s life. The unpredictable nature of such accidents means that victims are often completely unprepared for the consequences of such an injury, both mentally and financially. This is where personal claims companies can help, as they work on your behalf to gain an appropriate amount of compensation for the inconvenience and trouble the injury causes.
The impact of a personal injury spans across both your work and your personal life, which can make them very frustrating and hard to deal with. An injury which stops a labourer, for example a bricklayer, from going into work means they will not be paid during the time they are off. If the injured person is trying to support a family, this can cause them a great amount of emotional and financial strain; it can get to the point where a family might not know where their next meal is coming from.
As a UK citizen it is your civil right to claim for compensation benefits if you are injured through no fault of your own; for example, if you are walking along the street and you trip over a cracked paving stone, or you slip over a wet patch of floor in a restaurant, and even accidents on the road are covered by personal injury companies. When making a claim, some clients are put off by a number of factors, including the length of time it will take for the compensation to be processed/paid, the large fees involved to pay the lawyers working for you, and the simple fact that many injury victims feel they have no case for claiming back the compensation in the first place.
As a result of this, many lawyers are able to offer their services on a ‘no win, no fee’ basis, which means that the client need only pay the lawyer for their help if they win the case and are entitled to money from the guilty party. This does, however, mean that lawyers are only likely to take on cases whereby they are sure they will receive compensation. Whilst lawyers will be very careful in picking and choosing their clients, it is important that clients ‘shop around’ as well. Many companies offer a free consultation service, whereby the lawyer will assess the case free of charge and instruct the injured party as to whether they have available case to pursue. Once this is clarified, the client can then take their time to look around at different companies and see which ones will tyro to secure them the best possible payout, whilst taking as little a cut from their money as possible. It is worth noting that in cases where the client is successful, the lawyers will nearly always take their percentage from the other side anyway, leaving the agreed compensation amount untouched and able to be collected by the client in its entirety. The amount of compensation given is likely to include any lost income due to the injury preventing the client fulfilling their employment, and in some case ‘damages’ are awarded, if the client is permanently injured or has endured significant amounts of stress and unhappiness as a result of the injury.
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Accident claims for the UK market contact Accident Consult for your no obligation consultation. They are experts in dealing with Accident Claims.
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