Were You or a Loved one Injured in a Florida Swimming Pool Accident? We Can Help.
Due to the climate in Florida, many South Florida residents own swimming pools.
And while a pool can provide a perfect place for fun, exercise, and leisure, it also comes with a great deal of responsibility. Having a pool means taking appropriate safety measures to keep family, friends, and other visitors from harm on your property.
When the owner of a pool fails to safeguard the pool properly, he or she may be liable for any injuries that result.
Young children are especially at risk for accidents at swimming pools. Florida leads the nation in child drowning accidents, and 2017 saw a 20% increase in pool drowning deaths for children under 15 years old.
How Swimming Pool Accidents Happen In Florida
Swimming pool owners have a duty of care to take reasonable precautions to protect others from injury around their property or face a premises liability lawsuit for any injuries. Swimming pool owners can be held responsible for accidents that happen due to:
Improper or no fencing around a pool can lead to liability in Florida
Florida law requires private outdoor swimming pools to have a fence or other type of barrier around the pool with a self-closing gate that is protected from a child’s reach.
Pool slip and fall accidents can lead to liability in Florida
Lack of supervision around a pool can lead to liability in Florida
A pool owner could be liable if they leave young children unattended around the water. Whether children are in the pool, or playing somewhere else in the yard, if a pool accident happens because an adult was negligent or wasn't watching or stepped inside only for "a moment" serious accidents, even drawings, can happen.
Poor maintenance of a pool can lead to liability in Florida
Without proper maintenance, people can get hurt in Florida swimming pools. Chemical imbalances or contaminated water can cause serious illnesses, and unshielded filtration systems can trap a foot or a hand, leading to drowning or near-drowning accidents.
Florida law typically protects property owners from trespassers, but there are certain exceptions when it comes to children. In the case of a swimming pool, it may be considered an “attractive nuisance,” and the property owner can be held responsible for a dangerous condition that causes harm to a child, even if that child entered the property without permission. A child trespasser is still owed a very high "duty" of care in Florida. So if there is a condition - such as a pool - that would be attractive to children, and children may not understand the gravity of the risk a pool poses, the homeowner has a very high duty to keep the pool safe.
Consequences of Near-Drowning in Florida
Near-drowning incidents can cause life-altering injuries, especially for children.
Some of the injuries that can result from oxygen deprivation even after being rescued include:
Lung infections (pneumonia)
Acute respiratory distress syndrome
Post-immersion syndrome
Permanent brain damage
Coma or persistent vegetative state
Hypothermia
The first 24 hours of care after a near-drowning accident are critical to survival, but the injuries suffered can still last a lifetime. It can take years of rehabilitation and therapy to regain even a portion of lost functionality. In children, the effects can result in developmental delays in learning, speech, and motor skills, as well as permanent mental or physical disability.
Legal Recovery for Pool Accident Victims in South Florida
To hold a negligent pool owner responsible for injuries, victims need to file a personal injury lawsuit. A lawsuit allows victims and their families to seek financial recovery for the expenses caused by the accident, including:
Emergency medical treatment and hospital bills
Follow-up care related to the accident
Physical therapy and rehabilitation
Long-term care assistance and other needs
Home care or nursing home expenses
Loss of income during recovery
Loss of future earnings if the victim is unable to return to work
Victims of pool injuries and accidents may also be able to receive damages for pain and suffering, mental anguish, and other difficulties caused by the injury. Talk to a personal injury attorney to determine your eligibility for these types of damages.
Have You Been Injured At Someone Else's Pool in Coral Springs or South Florida?
If you or a loved one were injured at someone's pool in Florida, you need to speak to an experienced premises liability lawyer as soon as possible. Please contact us online or call our Coral Springs office directly at 954.755.7803 to schedule your free consultation. We proudly serve Florida residents including all of Fort Lauderdale, Boca Raton Miami-Dade County, Broward County, Palm Beach County and all points in between.
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[post_content] => When a personal injury case is brought to an attorney, about 90% of the time the case will reach a proper settlement (see blog) without having to even go into litigation with filing a lawsuit (Be sure to check out our other article that covers the litigation process). Out of that 10% of cases in litigation, usually only 2% to 5% of those will actually end up going through a trial itself. If an adequate settlement is reached at any step in the process, going to trial is not necessary.
The Trial Process
Preparing a case for trial involves thorough evidence gathering, which might even lead to a settlement on its own. The evidence can include medical records, accident reports, witnesses of the accident, and additional proof of pain and suffering. Proper case presentation is necessary, and our firm will make sure it is done carefully and accurately.
The trial will be considered a civil proceeding if it is a car accident or slip and fall case that resulted in personal injury. The evidence will be presented in front of a judge and you may elect to use your right to a jury trial as well. In most instances, the case will end up in trial because liability was never accepted. In that instance, the plaintiff’s attorney will gather the evidence to prove in court that the defendant was at fault and that their negligence was the cause of the accident and the plaintiff’s injuries. When the evidence is presented and the plaintiff give’s their testimony, which the attorney will assist in, the judge will then make a judgment on which evidence can be admitted or kept out.
When the defendant gives their testimony, they are likely to attempt to prove that the plaintiff was at fault for the accident, that their injuries were not a direct result of the accident, and/or not as severe as they are leading on.
After the closing arguments, the jury will deliberate, or if no jury was selected for the trial, the judge will act as the jury and give a ruling after reviewing all the evidence provided throughout the trial.
If either party does not agree with the verdict, an appeal may be filed within a certain amount of time. If no appeal is made, the final verdict of the trial remains final and both parties will not be able to try the case again.
At the Law Office of Andrew G. Rosenberg, we are committed to assisting you every step of the way and advising you of the best routes to take throughout your case.
Have You Been Injured Due To The Negligence Of Others?
If you've been injured in Florida due to negligence you need to speak to an experienced personal injury lawyer as soon as possible. Please contact us online or call our Coral Springs
office directly at 954.755.7803 to schedule your free consultation. We proudly serve Florida residents including all of Fort Lauderdale,
Boca Raton Miami-Dade County, Broward County, Palm Beach County and all points in between.
[post_title] => Still No Settlement Yet - What Now?
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One of the biggest questions that clients ask is how long will a case take to be settled? The answer to that question depends on many factors. The truth is that it can take as little as a few months or as much as a few years for a case to be completely finished. In this article, we’ll discuss the factors that make cases drag out and how to avoid problems in your case that make settlement difficult.
Why Is My Case Taking So Long?
When you suffer injury in a car accident and decide to seek compensation there are a number of variables that effect how long it will take until the case is settled. One of the biggest factors is the severity of the injury and how long it takes to completely heal. Because you need to be compensated for all your medical injuries related to the accident, you must be able to provide all medical records and bills for your treatment. Your lawyer must be able to document all of your expenses and injuries in detail to create the best case and ensure fair compensation. One of the longest aspects of the case is receiving treatment, but this is also the most important part of personal injury cases. You need proof of your damages and the only way to provide that proof is with detailed doctor’s records and bills.
The Severity of Your Injuries
Another important factor to keep in mind is the severity of the injuries. Some injuries only take a few weeks to recover from. In these cases, it may only take a few months until the case is settled because there aren’t many records to document. However, some injuries are more severe and require multiple surgeries, therapy sessions, and evaluations. In these cases, it may take years for recovery or maximum medical improvement. These types of cases also require clients to keep a close track of their doctor’s visits and treatments because there may be different medical offices and treatment centers that the lawyer office has to request records from.
The Doctor’s Office
An aspect that clients don’t usually consider that can slow down the progress of a case is the doctor’s office itself. Because medical records are so important to a case, the lawyer cannot proceed without receiving the adequate files from offices. Unfortunately, sometimes it takes doctors offices days or even weeks to send the clients records to the law office and this can also contribute to a case taking a long time to settle.
Gaps in Treatment History
One thing that you want to be wary of when you are involved in an ongoing personal injury case is having long gaps in your treatment history. As stated above, documentation of injuries is one of the most important parts of a case file. Your lawyer has to establish that you sought continued treatment for your injury because this proves that the injury was significant and impacted your day to day living. If there are long gaps in your treatment history, this may signal that the injury was not substantial. Having gaps in your treatment history does not make settlement impossible, but it does make the case harder to prove and it can also impact the timeliness of settlement.
Let’s Recap
The duration of your case depends on a list of factors including the time it takes for you to recover from your injuries, the doctor’s office’s responsiveness in delivering records, and whether or not you have long gaps of time in your treatment history. You must keep in mind that a case cannot proceed until you are completely recovered or at least reached your maximum medical improvement. The best things for you to do when waiting for your personal injury case to be settled is to be patient, keep close track of your records, work closely with your lawyer’s office, and make sure that you seek the appropriate treatment in a timely manner.
Have You Been Injured Due To The Negligence Of Others?
If you've been injured in Florida due to negligence you need to speak to an experienced personal injury lawyer as soon as possible. Please contact us online or call our Coral Springs
office directly at 954.755.7803 to schedule your free consultation. We proudly serve Florida residents including all of Fort Lauderdale,
Boca Raton Miami-Dade County, Broward County, Palm Beach County and all points in between.
[post_title] => How Long Until My Personal Injury Case Settles?
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[post_content] => If you are in the midst of a personal injury claim, there are loan companies that provide pre-settlement funding for you because they are aware that the process takes time. Advanced loans for legal personal injury cases work as an investment for the loan company. They are relying on a settlement to get their money back, which is why most companies will not approve a plaintiff unless an attorney represents them to ensure that they are going to be reimbursed.
When an attorney represents you, especially Andrew G. Rosenberg, he will advise you as to whether or not taking out a loan is the best idea for your case because every circumstance is different. If you choose to go about applying for a loan, it is done through the funding company, not the attorney. The company will evaluate your case and assess how much money they think you may receive from your settlement. If approved, you will be immediately offered a sum of money.
In order to receive the funds, you must sign an agreement to pay back the initial amount given to you plus interest (funding fee). Every company and case is different when it comes to the percentage of the funding fees, which is why it is important to understand your different options. The money to pay back the loan comes from the settlement, but not until the other expenses are paid from the settlement first (medical bills, attorney fees, etc.).
Since a personal injury incident can take a couple years to resolve, the interest fees on the loan add up quickly and the rest of the money you were expecting to receive from the insurance company after medical expenses and fees often goes to paying off the amount owed to the funding company (due to interest charges). Because of that, it is important to be cautious and thorough when considering funding during your claim process. So, be sure to read our blog that breaks down the Pros and Cons to consider when it comes to taking out a loan.
At the law office of Andrew G. Rosenberg, we are dedicated to providing you with the best advising and assistance in deciding whether to take out a loan. We understand that it is sometimes necessary, so we will ensure that you are well informed about the process.
Have You Been Injured Due To The Negligence Of Others?
If you've been injured in Florida due to negligence you need to speak to an experienced personal injury lawyer as soon as possible. Please contact us online or call our Coral Springs
office directly at 954.755.7803 to schedule your free consultation. We proudly serve Florida residents including all of Fort Lauderdale,
Boca Raton Miami-Dade County, Broward County, Palm Beach County and all points in between.
[post_title] => Borrowing Money On My PI Case? Be Careful, But It Is Done.
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[post_content] => According to the CDC, “Approximately 4.5 million dog bites occur each year in the United States. Almost 1 out of 5 bites become infected.”
Depending on the circumstances and the relevant laws, dog owners are usually liable for injuries that their dog may cause. The owner’s insurance company will be sought after for compensation for damages suffered. The damages that can be claimed if liability is accepted are:
Medical Bills
Pain and Suffering
Lost Income
Any property damages caused by the dog, such as broken glasses or damaged bike
Multiple Damages if the dog was already considered a ‘dangerous dog’ by already being involved in a damage causing incident previously
Punitive Damages can be ordered by a judge to send a strong message to the owner and make sure their reckless behavior with their dog does not happen again
Dog bites are a slightly more difficult case because aside from the defendant’s liability, the case is also based on the extent of the plaintiff’s injuries. Dog bites that are easily treatable by a small first aid kit will most likely not become a solid case. Of course it depends on the situation, though. For example, if the owner constantly does not have their dog on a leash and he or she is aware that the dog has a tendency to run up to strangers in public and the dog ends up biting someone walking down the street, the person bitten still has a case that the plaintiff was negligent and can be liable for damages that aren’t just the low medical costs. Unfortunately, there are situations where a dog bit can lead to severe medical issues, which is why you should always still get the wound checked out by a doctor even if it only appears to be a small bite mark.
Some insurance companies don’t even cover dog bite incidents, so if you hire a personal injury attorney for your case, they may need to file a lawsuit against the owner if they see that you have a decent case at hand. If you are a dog owner, it is important to take the necessary precautions in making sure your dog is under a watchful eye and on a leash. If you know you have an aggressive dog, be sure to have a warning sign up on your home and keep up with their veterinary visits to ensure they do not carry any diseases.
Have You Been Bitten By A Dog In Florida?
If you'be been injured by a dog you need to speak to an experienced Florida dog bite lawyer
as soon as possible. Please contact us online or call our Coral Springs office directly at 954.755.7803 to
schedule your free consultation. We proudly serve Florida residents including all of Fort Lauderdale, Boca Raton Miami-Dade County, Broward County, Palm
Beach County and all points in between.
[post_title] => Dog Bite Cases In Florida
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With the growing public use of electric and motor scooter rentals in large cities, especially those in Florida, it’s become more common for our personal injury law office to get questions about scooters. Several factors will determine if you have a sufficient case for a personal injury claim from a scooter accident. We'll walk through a few of the factors in this blog.
Who can be considered liable in a Florida Scooter Accident?
If a pedestrian was hit and injured by an electric scooter user, the scooter user is likely liable for any injuries or damages that the pedestrian suffers.
If a car and scooter collision occurs and causes injuries, the process of deciding liability is similar to that of a bicycle and car collision – the person who did not follow rules, regulations, or laws will be held liable for the accident. Liability can also be shared.
The scooter company can be held liable for any injuries or damages suffered by a user, pedestrian, or vehicle as a result of a malfunction. These incidents would fall under a defective product lawsuit.
The scooter company can be held liable for injuries caused by a non-operating scooter, such as a pedestrian suffering an injury as a result of tripping over a scooter.
The city can be held liable for injuries caused by a non-operating scooter, such as a pedestrian suffering an injury as a result of tripping over a scooter, especially if there is an abundance of scooters polluting the walkways.
The city can be held liable for scooter accidents caused by unmaintained roadways, road and walkway debris, unmarked hazards, etc.
Businesses can also be held liable for scooters accidents caused by unmaintained work areas, road and walkway debris, unmarked hazards, etc.
How will you receive compensation after an electric scooter accident in Florida?
One of the most important concerns in a scooter injury claim is the lack of PIP coverage. Typically, under Florida law, vehicle operators who become injured in an accident will benefit from their own insurance’s Personal Injury Protection benefits (or PIP).
That statute excludes moped and scooter riders from receiving PIP benefits, however, because Florida Law does not consider them to be categorized as motor vehicles. If you were a scooter rider hit by a vehicle, your attorney will seek out the driver’s auto insurance for compensation if they have Bodily Injury coverage (BI) on their policy.
Contacting an experienced personal injury attorney as soon as possible is crucial to your case. Your attorney will need to evaluate all aspects of your case, specifically the liability and insurance circumstances to initially determine whether you are eligible to receive proper compensation. Always make sure the police are contacted and identification information of the other party involved is obtained at the scene of an accident to help the progress of your case. Contact my office at (954) 755-7803 if you or anyone you know may have questions or, in the alternative, fill out the information at this link.
If you were injured in an accident involving the use of a rented electric scooter, the first thing that can harm your personal injury case is if you were not operating the device in accordance with the laws. You still have rights, however, and we can advise you of your rights. If you were injured on an electric scooter or moped in South Florida, please give our office a call. We will listen to your story, advise you of your rights, and fight for your Florida injury case.
If you were involved in a Moped or Scooter accident, call our Coral Springs Law office at (954) 755-7803 or reach out to us here.
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Were You or a Loved one Injured in a Florida Swimming Pool Accident? We Can Help.
Due to the climate in Florida, many South Florida residents own swimming pools.
And while a pool can provide a perfect place for fun, exercise, and leisure, it also comes with a great deal of responsibility. Having a pool means taking appropriate safety measures to keep family, friends, and other visitors from harm on your property.
When the owner of a pool fails to safeguard the pool properly, he or she may be liable for any injuries that result.
Young children are especially at risk for accidents at swimming pools. Florida leads the nation in child drowning accidents, and 2017 saw a 20% increase in pool drowning deaths for children under 15 years old.
How Swimming Pool Accidents Happen In Florida
Swimming pool owners have a duty of care to take reasonable precautions to protect others from injury around their property or face a premises liability lawsuit for any injuries. Swimming pool owners can be held responsible for accidents that happen due to:
Improper or no fencing around a pool can lead to liability in Florida
Florida law requires private outdoor swimming pools to have a fence or other type of barrier around the pool with a self-closing gate that is protected from a child’s reach.
Pool slip and fall accidents can lead to liability in Florida
Lack of supervision around a pool can lead to liability in Florida
A pool owner could be liable if they leave young children unattended around the water. Whether children are in the pool, or playing somewhere else in the yard, if a pool accident happens because an adult was negligent or wasn't watching or stepped inside only for "a moment" serious accidents, even drawings, can happen.
Poor maintenance of a pool can lead to liability in Florida
Without proper maintenance, people can get hurt in Florida swimming pools. Chemical imbalances or contaminated water can cause serious illnesses, and unshielded filtration systems can trap a foot or a hand, leading to drowning or near-drowning accidents.
Florida law typically protects property owners from trespassers, but there are certain exceptions when it comes to children. In the case of a swimming pool, it may be considered an “attractive nuisance,” and the property owner can be held responsible for a dangerous condition that causes harm to a child, even if that child entered the property without permission. A child trespasser is still owed a very high "duty" of care in Florida. So if there is a condition - such as a pool - that would be attractive to children, and children may not understand the gravity of the risk a pool poses, the homeowner has a very high duty to keep the pool safe.
Consequences of Near-Drowning in Florida
Near-drowning incidents can cause life-altering injuries, especially for children.
Some of the injuries that can result from oxygen deprivation even after being rescued include:
Lung infections (pneumonia)
Acute respiratory distress syndrome
Post-immersion syndrome
Permanent brain damage
Coma or persistent vegetative state
Hypothermia
The first 24 hours of care after a near-drowning accident are critical to survival, but the injuries suffered can still last a lifetime. It can take years of rehabilitation and therapy to regain even a portion of lost functionality. In children, the effects can result in developmental delays in learning, speech, and motor skills, as well as permanent mental or physical disability.
Legal Recovery for Pool Accident Victims in South Florida
To hold a negligent pool owner responsible for injuries, victims need to file a personal injury lawsuit. A lawsuit allows victims and their families to seek financial recovery for the expenses caused by the accident, including:
Emergency medical treatment and hospital bills
Follow-up care related to the accident
Physical therapy and rehabilitation
Long-term care assistance and other needs
Home care or nursing home expenses
Loss of income during recovery
Loss of future earnings if the victim is unable to return to work
Victims of pool injuries and accidents may also be able to receive damages for pain and suffering, mental anguish, and other difficulties caused by the injury. Talk to a personal injury attorney to determine your eligibility for these types of damages.
Have You Been Injured At Someone Else's Pool in Coral Springs or South Florida?
If you or a loved one were injured at someone's pool in Florida, you need to speak to an experienced premises liability lawyer as soon as possible. Please contact us online or call our Coral Springs office directly at 954.755.7803 to schedule your free consultation. We proudly serve Florida residents including all of Fort Lauderdale, Boca Raton Miami-Dade County, Broward County, Palm Beach County and all points in between.
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Were You or a Loved one Injured in a Florida Swimming Pool Accident? We Can Help. Due to the climate in Florida, many South Florida residents own swimming pools. And while a pool can provide a perfect place for fun, exercise, and leisure, it also comes with a great deal of responsibility. Having a pool…
When a personal injury case is brought to an attorney, about 90% of the time the case will reach a proper settlement (see blog) without having to even go into litigation with filing a lawsuit (Be sure to check out our other article that covers the litigation process). Out of that 10% of cases in litigation,…
One of the biggest questions that clients ask is how long will a case take to be settled? The answer to that question depends on many factors. The truth is that it can take as little as a few months or as much as a few years for a case to be completely finished. In…
If you are in the midst of a personal injury claim, there are loan companies that provide pre-settlement funding for you because they are aware that the process takes time. Advanced loans for legal personal injury cases work as an investment for the loan company. They are relying on a settlement to get their money…
According to the CDC, “Approximately 4.5 million dog bites occur each year in the United States. Almost 1 out of 5 bites become infected.” Depending on the circumstances and the relevant laws, dog owners are usually liable for injuries that their dog may cause. The owner’s insurance company will be sought after for compensation for…
Florida Scooter Accidents Explained by South Florida Injury Attorney With the growing public use of electric and motor scooter rentals in large cities, especially those in Florida, it’s become more common for our personal injury law office to get questions about scooters. Several factors will determine if you have a sufficient case for a personal…