Slip and Fall Attorneys, Find a Personal Injury Claim Lawyer

The following is an expert answer given by South Florida Injury Attorney, Joseph M. Maus, and taken from AllExperts.com, a free Q & A service on the internet:

Question: I injured my ankle back in December 2007 while I was working. I was providing mental health therapy and injured my ankle while playing soccer with my client and mother in their frontyard. I was a healthy person before the injury.Work compensation was involved and I settled with them for $4,000 only because they said I was not a handicapped and I could drive to the settlement office. I put in a claim for personal injury in October, 2008 since I thought I was going to recover before that, but did not. I have seen 9 doctors and finally got surgery (arthroscopy). I can walk and stand longer but I can’t drive now. I used my left foot for 2 years using a left accelerator but now the left knee is hurting bad. Since I can’t drive with either leg, I was even thinking to use a hand control. At this point the lawyer has spoken with the adjuster and I believed they sent the demand on 10/20/09. The adjuster needs some record and then she will analyze the whole package. My concern is if the demand was actually sent in time since there is a statue of limitations here in Florida. I heard it is 2 years for slip and fall cases. Do you have to go to court with the demand in that timeframe or is that the time in which you submit it to the adjuster? Can you also tell me if getting the total policy can be a reality since it took 1 year and 2 months to recover but I did not recover 100%, then I went through surgery, 3 physycal therapies, had a significant emotional impact and the losses including loss of wages, second opinions and all the medical was $24.000. Answer:

The statute of limitations in Florida for slip and fall claims is four years.  That means that within 4 years of the accident occurring, a lawsuit must be filed in court. As for the value of your claim, that question is best answered by your lawyer.  Even though I am a South Florida injury attorney, not all cases are the same. The value of your claim is going to be based upon the severity of your injury, the amount of your medical bills – which includes whatever you have incurred to date, as well as any amount you may have to spend in the future, lost wages or loss of your ability to earn income in the future, and pain and suffering – both past and future. In order for your lawyer to make the best recovery for you, you should sit down with him/her and discuss these types of damages, whether they may apply to your case, and try to quantify the amount for purposes of a settlement demand to the insurance company, and if the case does not settle before a lawsuit, an amount you can ask a jury for. To speak with a South Florida injury attorney, contact Florida premises liability lawyer Joseph M. Maus at 1-866-556-5529, visit his website at www.mauslawfirm.com, or email him today.


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The following is an expert answer given by Florida Personal Injury Protection Lawyer, Joseph M. Maus, and taken from AllExperts.com, a free Q & A service on the internet:

Subject: Dog Bite incident

Question: I have a 75lb Boxer mix breed dog and my question is this. My 17 year old sister took the dog outside without my knowledge on a leash to let it go to the bathroom. My neighbor was walking down the street with her 12 lb Bischon. My dog spotted it and took off before my sister knew what was going to happen. She lost control of the dog. My dog grabbed the other dog by the neck but did not harm it, however in doing so it knocked the neighbor over. She was wearing heals at the time and is also 60yrs old. She sustained some minor injuries equivalent to bumps and bruises. I know this because we went that night together, to the emergency vet and emergency room to get both her and the dog checked out. Also, we filed a police report in which the officer investigated all parties involved. He found no injuries other than the aforementioned. He also saw I was up to date with my dog’s records and commended me for being a good dog owner. I paid for this neighbors emergency vet bill, her prescriptions, and helped her with her dog the first day after this happened. I rent my home and have a very limited income and my sister is a minor. The lady was unable to reach us for one day, so she called my landlord about this. It has been unbearable and it’s only been 5 days! At the hospital they said nothing was broken and she would be sore and bruised for a little while. Being she has insurance, there was no co-pay or deductible. I disagreed with this and I told her if she should get a bill to please give it to me and I’ll be more than willing to take care of it. Now she’s going to the chiropractor for this, but also has been going to him for 5 years. She also could not go to a certain hospital because she owed them money. I don’t mind taking care of what she needs, but don’t want to be indebted to her for life. Now my landlord, my cosigner on the lease, and myself are concerned about how far can she take it and who can be liable for the misguided actions of a 17yr old?

Answer: It depends on the state you live in.  I am an attorney in Florida specializing in Florida personal injury protection claims such as dog bites, car accidents and workers compensation claims.  I actually represent the injured party.  I do not do defense work. Laws vary from State to State so you need to speak with an attorney in your area to find out exactly what laws may apply to this incident, and what you or your landlord may be responsible for.  In Florida personal injury protection claims, most municipalities have “dog bite” laws which make the owner of the dog individually liable for injuries and damages caused by the dog, even if it wasn’t a dog “bite” that caused the injury.  Florida Statutes also has a strict liability provision against a dog owner for injuries and damages caused by their dog. The landlord may be able to escape liability if they did not have notice of the dog on the premises, and the dog has never injured anybody in the past.

For more information about a Florida personal injury protection claim, contact Florida premises liability lawyer Joseph M. Maus at 1-866-556-5529 or email him today.


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The following is an expert answer given by Florida Personal Injury Accidents Lawyer, Joseph M. Maus, and taken from AllExperts.com, a free Q & A service on the internet:

Subject: Son injured at Montessori school Question: My son is 5 years old and enrolled in a private Montessori school nursery for Kindergarten.   He was playing in the school’s “smaller” playground when a boy pushed him aside and landed on him and his hand. This was the school’s story…. The school notified us and we went to pick up our son and iced his hand for the rest of the day. We then noticed he was not using his hand or bending it.  Alarmed, we took him to the ER the next day and discovered his wrist was fractured!!!!  Yet he insisted the incident occured on the grass.  He now has a cast on his arm and we are confused as we all know a big kid can’t break another kids bones???   We returned to the school on Monday with doubt and questions.  Our son showed us where and how he fell.  We discovered the already “small” playground had a cement walkway surrounding the grass area; however it was poorly covered with green turf to of course resemble grass (to a 5 yr old anyway).    We then realized he had broken his wrist on the cement not by the boy landing on him.   We reported the finding to the school secretary as the principal was in a conference. We also asked  why it was improperly reported and we were not handed an injury report on the day of the incident. The report was then handed to us 4 days later only to read that our son had tripped and fallen on the ground and several kids had fallen on him (yet another story). We are in shock that the school has such poor playground safety, poor manners of handling incidents and not honest at all.    There should be at least rubber padding or 4 inches of separation from the ground to the cement.   We took photos of the area.   The principal or head of school has yet to return our call for a meeting and it has been a week and a half since the incident.  Our son does not want to go back to school and we don’t trust the school at all.  The safety is poor and we want to report them as well as have them pay for the medical bills. Should we receive compensation and just how liable are they??? Clearly not safe for our son so he is not attending but how do we proceed with closure??? Answer: Your email does not indicate what state you live in.  I am a Florida personal injury accidents lawyer specializing in auto accident injuries, premises liability claims, and Florida workers compensation claims.  I can only advise you on what the law is in Florida personal injury accidents, so it is best that you speak to an accident attorney in your area to find out what rights you may have. A school is held responsible for dangerous conditions which they know about, or should know about, and their failure to protect the children at the school from the dangers.  However, I am not aware of any laws in Florida that require a school to have rubber padding on cement areas surrounding a playground.  Because he was injured at a kindergarten, there may be additional safety requirements for playgrounds, but you need to speak with an experienced accident injury lawyer in your state to investigate further. It is not unusual to get different versions of injuries to children at school.  If the school fabricated the initial story, that is obviously unacceptable.  It may just be the teachers did not see what happened, and they are left to rely on other students accounts of what happened. Regardless, the school should have filled out an incident report detailing all the facts surrounding the incident. Most school have insurance for the type of incident you have described. Their insurance usually includes “medical payments coverage”, or Medpay. Medpay is a type of insurance coverage that pays for medical bills which arise out of an injury that occurs at the school.  If you have incurred out of pocket medical bills, you should speak to the school to find out whether they have medpay coverage.  If so, you need to submit the bills to the school’s insurance company and you will be reimbursed.  You will need a copy of the incident report to obtain the medpay coverage, if it exists. In order to determine whether you have a claim to pursue, you should speak to an accident injury attorney.  Most attorneys specializing in premises liability claims handle the claims on a contingent basis,i.e. the attorneys fee is a percentage of any money they recover for you, and offer a free, no-obligation consultation to discuss whether you have a viable case.

For more information about Florida personal injury accidents, contact Florida premises liability lawyer, Joseph M. Maus at 1-866-556-5529, visit his website at www.mauslawfirm.com, or email him today.


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Question: The other day my daughter and I went to Walmart. After a while of shopping, my daughter who is almost 2 had to go to the restroom. After using the restroom and coming out of the stalls and walking up to the sink, I slipped on what must have been water. I hit my head on the sink and fell on to my daughter. When I emerged from the bathroom a few seconds later my daughter was screaming and I was dizzy. The customer service lady asked if I was all right and called the manager at my request. I filled out a report and left . Since then, I have been going to the hospital due to an on-going severe headache. I have been seen 2 times in the ER. My question – is my case good enough to sue over? Them bastards should have cleaned that nasty water up!
Answer: Your email doesn’t indicate in what state you live. I am an attorney in Florida specializing in personal injury claims such as Florida car accident claims, Florida slip and fall case claims, and Florida workers compensation claims. If you are in Florida, please give me a call and I can discuss your claim with you in further detail. However, laws vary from state to state, so I cannot advise you on the laws in your area. My first suggestion is to speak with an experienced slip and fall attorney in your area. The attorney in your area can advise you on specific laws and time requirements that may apply to your claim, and help you with medical treatment, medical bills, and how best to proceed with a claim against Wal Mart. If you were to walk into my office, I would want to know more information about your claim before I could tell you whether you have a case against “them bastards”. More details on how the fall occurred, witnesses, the amount of water on the floor and where it came from, and more specifics on the nature of your injury, would help to evaluate your claims.
An experienced slip and fall lawyer can also help evaluate the “liability” aspect of your claim. At least in a Florida slip and fall case, stores such as Wal Mart are not responsible for injuries arising out of a slip and fall in their store unless the condition that caused the slip and fall, here a puddle of water, was one that Wal Mart knew existed on the floor, or should have known it existed on the floor, and did not take reasonable measures to clean it up or warn customers of its existence. There are different ways to show this, and different facts to examine to try and satisfy this burden of proof. Water on the floor occurs all the time at stores like Wal Mart. However, you have to be able to show that the water existed on the floor for a long enough period of time that Wal Mart knew about it, or should have known about it.


For more information about a Florida slip and fall case, contact Florida premises liability lawyer, Joseph M. Maus at 1-866-556-5529, visit his website at jmmlawyers.com or email him today.


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The following is an expert answer given by Florida Premises Liability Lawyer, Joseph M. Maus, and taken from AllExperts.com, a free Q & A service on the internet: Subject: Disney World – Florida Slip and Fall CaseQuestion: The first day of our Disneyworld vacation it was a little rainy out and while walking down the stairs at the resort, I slipped and fell down a flight. There are no step grips or signs stating caution or anything.  I did notify the manager and received ice packs for my bruises.  My leg was pretty bruised up and my back was a little sore.  Needless to say it ruined half of our vacation time. Is there anything I should or could do?

Answer: In a Florida slip and fall you have the right to make a claim for injuries, medical bills, pain and suffering, and lost wages when you are injured as a result of another party’s negligence. Your injuries may heal on their own in the next few weeks, or they may not.  So it is important to take a few steps now that will protect your rights in the future.

The best advice I can give you is to speak with an attorney that specializes in premises liability claims, i.e. slip and fall.  Your email does not say where you live but you will most likely want to speak with a slip and fall lawyer in Florida.  Because your accident occurred in Florida, it will be controlled by Florida law, and any lawsuit that may need to be filed will need to be filed in Florida.  Laws vary from state to state, so it is best to speak with a slip and fall lawyer in Florida.

Depending on what resort your accident occurred at, there are slip and fall lawyers in the Orlando area that specialize in claims against Disney World. Between the different amusement parks, hotels and activities going on at DW, there are thousands of claims that occur there every year.  Your email doesn’t indicate whether it was a Disney resort, or just a resort in the Disney area.  You may be surprised to learn that you are not the first one to slip in this area at this resort.  Either way, you have a claim, and you should look into it.

Your email also doesn’t indicate whether you are still at the resort.  If you are, you should take several photos of the area where you fell, closeups and photos from a distance to give perspective on where the accident occurred, and why the area was wet.  You also want to make sure the manager fills out an incident report, and you get a copy of the report, too.

Keep in mind, at least in a Florida slip and fall, just because a person falls on a property, it does not automatically mean the property owner or manager is responsible for injuries which result from the fall.  You have to be able to prove that the property owner knew or should have known of the dangerous condition that caused the fall, i.e. that the area you fell at gets wet often, or becomes slippery when wet, or that they failed to maintain this area in a reasonably safe condition.  Generally, a property owner only owes two duties to persons lawfully on the property – maintain the property in a reasonably safe condition, and to warn persons on the property of dangerous conditions that the person may not be able to appreciate themselves.  This means that if this is an area that regularly gets wet when it rains, the resort should have taken steps to make sure that it protects its guests against the slippery area, or at a minimum, warns guests about the slippery area.

There is probably Medical Payments Insurance coverage available to you. “Medpay” is coverage that will reimburse people that get injured on the property for out of pocket medical expenses.  You need to get a copy of the property manager’s insurance policy to see whether they have medpay, and if so, what are the medpay policy limits.  You can obtain this by contacting the resort, or if you retain a Florida slip and fall lawyer, they will know how to get the information.

Claims in the case of a Florida slip and fall are evaluated based upon the degree of liability that exists against the resort, the specific nature of the injuries, the amount and type of medical care and bills that you have had, and that you may continue to require in the future, and the amount of pain and suffering you have experienced in the past, and future.  Lost wages and loss of future earning capacity can also be recovered in Florida.  Additionally, the effect the injuries had on your vacation, and on your family, can be factored into a settlement demand or jury verdict.

You should contact a Florida premises liability attorney soon.  There are many steps your attorney should take now, i.e. notify the resort and the insurance company for the resort, find out what types of insurance coverage is available, make sure photos have been taken of the area.  There are also statutes of limitations which may apply and preclude you from bringing a claim if you wait too long. You also want to make sure that you seek medical care to document your injuries now, and how they occurred, rather than wait to see if the injuries go away.  Delays in seeking medical care can hurt your chances of a recovery when you try to settle the claim

Most attorneys specializing in premises liability claims handle the claims on a contingent basis,i.e. the attorneys fee is a percentage of any money they recover for you, and offer a free, no-obligation consultation to discuss whether you have a viable case.  So you really have nothing to lose by at least speaking to a Florida slip and fall lawyer to find out whether you can pursue a claim.

For more information about your rights in a case of a Florida slip and fall injury, contact Florida premises liability lawyer, Joseph M. Maus at 1-866-556-5529, visit his website at mauslawfirm.com or email him today.


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The following is an expert answer given by Florida Premises Liability Lawyer, Joseph M. Maus, and taken from AllExperts.com, a free Q & A service on the internet:

Subject: slip & fall

Question: I was at a prominent builder’s design center and caught my foot in the back of an open chair and fell upon a closed door. Upon getting my balance back, I proceeded to open the door and walked a few feet down the hall and there was a huge cracking sound. So loud in fact, that peopled came out of their offices. It was the sound of my ankle breaking. I was down flat on the floor and the ambulance was called. In the interim, my foot swelled to the size of a grapefuit. I spent the night in the hospital and was put in a cast up to my knee. I had to walk with a walker for 6 weeks when it finally came off. Do I have a case for negligence on their part?

Answer: The answer to your question is that you may have a claim. It depends on the State you live in, and laws that may apply to your claim. I am an attorney in Florida specializing in car accident, slip and fall (premises liability) and workers comp claims.  Laws vary from state to state so the law in Florida may be different than your state.  As far as Florida personal injury cases, you probably have a claim, but you should consult with an experienced personal injury lawyer in your area to find out what laws may apply to your claim.

Your email is not really specific as to how your ankle got caught in the back of an open chair, and I’m having difficulty envisioning it.  Keep in mind, at least in Florida personal injury cases, just because a person falls at a business, it does not automatically mean the business owner is responsible for injuries which result from the fall.  You have to be able to prove that the business owner knew or should have known of the dangerous condition that caused the fall, i.e. something that was wrong with the back of this chair; or that the store acted unreasonably in maintaining their chairs so as to allow the dangerous condition to remain.  Generally, a business owner such as a only owes two duties to persons lawfully on the property – maintain the property in a reasonably safe condition, and to warn persons on the property of dangerous conditions that the person may not be able to appreciate themselves.

Florida personal injury cases are evaluated based upon the degree of liability that exists against the business, the specific nature of the injury, the amount and type of medical care and bills that you have had, and that you may continue to require in the future, and the amount of pain and suffering you have experienced in the past, and future.  Lost wages and loss of future earning capacity can also be recovered in Florida.  A broken bone in your ankle is a significant injury that a claim can be made for if you can establish liability against the design center.

The best advice I can give you is to speak with an attorney that specializes in premises liability claims, i.e. slip and falls.  The lawyer can advise you what the law is in your area for premises liability accidents such as yours.

You should contact an attorney in your area that specializes in premises liability claims.  Many attorneys say they do "personal injury" claims, but after asking around, you’ll find they take anything that walks in the door. Ask how many claims like yours they have handled.  Ask them if they have tried any cases like yours.  Maybe this is not the first time an accident like yours has happened at the design center, or maybe the design center has a pattern of leaving many dangerous conditions on the premises which have resulted in many claims for injuries being made against it.

You should contact an attorney soon.  There are many steps your attorney should take now, i.e. notify the insurance company for the business, find out what types of coverage are available, preserve and obtain the chair and any photographs of the chair, etc, that should all be done now.

Most attorneys specializing in premises liability claims handle the claims on a contingent basis,i.e. their attorneys fee is a percentage of any money they recover for you, and offer a free, no-obligation consultation to discuss whether you have a viable case.

For more information about Florida personal injury cases, contact Florida premises liability lawyer Joseph M. Maus at 1-866-556-5529 or email him today.


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The following is an expert answer given by Florida Premises Liability Lawyer, Joseph M. Maus, and taken from AllExperts.com, a free Q & A service on the internet:

Subject: My son was injured at school Question: My son was in school when his finger got slammed in the door, which led him to having his finger partially amputated. From my understanding, there were no security guards around or teachers around when this happened. Someone gave me the advice to sue the school…Is this possible? Answer: Your email does not indicate what state you live in.  I am a Florida personal injury attorney specializing in Florida personal injury cases, auto accident injuries, and Florida workers compensation claims.  I can only advise you on what the law is in Florida, so it is best that you speak to an accident attorney in your area to find out what rights you may have. Your son may have a claim against the school, but his claim would need to be investigated more fully.  Your email does not indicate how old your son is, or how the incident occurred.  I would be interested in speaking with you further if you’re located in Florida. A school is held responsible for dangerous conditions which they know about, or should know about, and their failure to protect the children at the school from the dangers.  A door that swings shut too rapidly, or too harshly, putting the kids at risk, would be the type of dangerous condition the school should know about, and should repair so the kids do not get hurt. I have handled cases before very similar to this where many people that had observed the door shut too quickly before the accident, so as to put people at risk when it slams, yet the school did not fix the door. Most school have insurance for the type of incident you have described. Their insurance usually includes “medical payments coverage”, or Medpay. Medpay is a type of insurance coverage that pays for medical bills which arise out of an injury that occurs at the school.  If you have incurred out of pocket medical bills, you should speak to the school to find out whether they have medpay coverage.  If so, you need to submit the bills to the school’s insurance company and you will be reimbursed.  The school should also have liability insurance coverage which would cover your son for his injury and pain and suffering.  He obviously has a very serious injury. If your son does have a claim, you would not sue right away.   Most claims get resolved without having to file a lawsuit.  Once your son finishes his medical treatment, your accident lawyer would get the medical records together, photos of the injury, and copies of his medical bills, then submit them to the school, or its insurance company in an effort to settle the claim.  If the school doesn’t settle the claim, then you would file a lawsuit. You should contact an attorney soon.  There are many steps your attorney should take now, i.e. notify the insurance company for the school, and find out what types of coverage are available.  There are also statutes of limitations which may apply and preclude you from bringing a claim if you wait too long.  In Florida personal injury cases, an accident or injury lawyer would verify the statute of limitations for a negligence claim is four years, unless it is a public school.  There are special rules for Florida personal injury cases which apply to governmental entities such as public schools, including when you have to notify them.  If it is a public school in Florida, there are also other entities that you have to put on notice of your claim, so it is best to speak with a accident injury lawyer as soon as possible. Most attorneys specializing in premises liability claims handle the claims on a contingent basis,i.e. the attorneys fee is a percentage of any money they recover for you, and offer a free, no-obligation consultation to discuss whether you have a viable case. For more information about Florida personal injury cases, contact Florida premises liability lawyer, Joseph M. Maus at 1-866-556-5529, visit his website at mauslawfirm.com or email him today.


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The following is an expert answer given by Florida Premises Liability Lawyer, Joseph M. Maus, and taken from AllExperts.com, a free Q & A service on the internet: Subject: Disney World, Florida Slip and Fall Question

Question: While visiting Disney World in December 09, I was in the restroom in the lobby at one of the resorts, and while exiting the restroom I slipped and fell on the wet floor (no signs were posted). I was taken to the Celebration Hospital via ambulance. I was diagnosed with a concusion and was required to stay in the hospital for two days. What is Disney responsible for – medical bills, pain and suffering? Do I have a case? Answer: The best advice I can give you is to speak with an experienced Florida slip and fall injury lawyer about your claim.  Believe it or not, there are attorneys in the central Florida area that specialize in accidents that occur at Walt Disney World.  And many of the claims involve slip and fall accidents.  As you could imagine, with as many people that go through WDW and its resorts on a daily basis, there are a lot of accidents that occur. Keep in mind that WDW is not responsible for every slip and fall that occurs at one of its resort hotels.  In Florida, a hotel owner/operator owes two duties to persons lawfully on the property – maintain the property in a reasonably safe condition, and to warn persons on the property of dangerous conditions that the person may not be able to appreciate themselves.  You need to be able to prove that WDW knew, or should have known, about the wet floor.  There are different ways to go about doing that, but it is best to consult with an experienced Florida slip and fall injury attorney to discuss the facts of your claim. If you can prove WDW is liable for the claim, Florida law allows you to recover money damages for your injury(s) and resulting damages such as medical bills, lost wages, and damages that you may lose in the future due to your injury.  You can also recover money damages for your pain and suffering, both past and future. You should consult with an experienced Florida slip and fall lawyer that has handled claims against WDW.  It is best to find an accident injury lawyer in central Florida that can investigate your claim. You should speak to a lawyer soon.  The lawyer will advise you how best to pursue your claim.  You will also want the lawyer to put WDW on notice of the claim, preserve any evidence such as surveillance video or witness statements, and help coordinate your medical care. For more information about your rights in a case of a Disney World, Florida slip and fall injury, contact Florida premises liability lawyer, Joseph M. Maus at 1-866-556-5529, visit his website at mauslawfirm.com or email him today.


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The following is an expert answer given by Florida Personal Injury Accidents Lawyer, Joseph M. Maus, and taken from AllExperts.com, a free Q & A service on the internet:

Subject: Elevator Accident

Question: I was in an elevator accident in early 2007 where the elevator fell with me in it.  This took place in Florida. I started on the third floor and it was going normal at first and then dropped from an unknown height and hit the ground hard. My injuries range from 2 herniated disks in my neck, pain in my arms, diagnosed carpel tunnel and extreme pain in a section between my shoulder blades which feels like I am being stabbed (maybe a torn disk but undiagnosed as of now). I have pain in most of my low back diagnosed as bulging disks and stenosis and into my legs, diagnosed as radiculapathy.  This affects every aspect of my life and I am on constant medication for pain and it helps me maintain my sanity.

I was under work comp for a year and a half because it happened in a commercial building while I was working and they did absolutely nothing but testing and tell me that nothing could be done at this time.  I changed careers and went from construction to an office job.  After finally going to a doctor the attorneys set up and paid for, I was given steroid injections. The first one helped my leg pain tremendously but soon wore off and the night after I went in for the second one, my heart started beating over 300 per minute and I passed out and hit the floor.  When I came to, I rushed to the hospital where of course, at first they treated me like a drug addict but soon realized it was a severe case of A-fib.  I spent two days in the ICU and they had to give me drugs to get my heart back on track. The medical bills from this hospital stay were around 7-8 thousand dollars so I had to settle my work comp for 15k to avoid bankruptcy.

Then I went to two orthopedic surgeons who recommended spinal fusion for my neck.  I am in my 20s so I decided to first try minimally invasive techniques.  I just recently had Lumbar, Thoracic and cervical surgery which helped some but still leaves me in severe pain.

Would punitive damages apply in this case? Could product liability law apply in this case? Is there a cap on pain and suffering?  I am not even thirty and what might seem like a lot now will not be when I am suffering decades from now.

Answer:

I am a Florida accident lawyer specializing in premises liability claims such as elevator incidents, Florida personal injury accidents, Florida car accident injuries, and Florida work accident injuries.  I am located in South Florida, but handle claims statewide.  Your inquiry says the accident occurred in Florida but doesn’t say in what city. You have a pretty complicated factual and medical scenario, but I will try to answer your questions.  If you would like to discuss your claim in more detail, please give me a call.  If you are currently represented by a lawyer for either the work comp or a third party claim for the elevator accident, you should speak to your Florida personal injury accidents attorney to get more information. Based upon what you have described in your email, I don’t see how punitive damages apply in your case.  There may be more factual information that would allow you to seek punitive damages, but the case would have to be investigated in much more detail to know.  A count for punitive damages in Florida may be allowed by a judge if a party can show the defendant’s conduct “transcended the level of ordinary negligence and entered the realm of willful and wanton misconduct, which the courts define as conduct that is of a gross and flagrant character, evincing reckless disregard of human life, or of the safety of persons exposed to its dangerous effects, or there is that entire want of care which would raise the presumption of a conscious indifference to consequences, or which shows wantonness or recklessness, or a grossly careless disregard of the safety and welfare of the public, or that reckless indifference to the rights of others which is equivalent to an intentional violation of them.” This is a very high standard to meet.  It is based upon an evaluation of the facts of your case, and can only really be determined once you have fully investigated the causes of your accident. Your second question is whether product liability law applies in this case. I’m not sure what product you are referring to – the elevator or the epidural injection.  Product liability laws probably do not apply to a claim against the manufacturer of the injection, but they may apply to the manufacturer of the elevator.  Again, you need more facts about how and where your accident occurred.  Was it a brand new elevator?  Had it been serviced any time recently before your accident?  Had the building owner neglected to have the elevator serviced even though there had been other complaints about the elevator? Because of the injuries you have mentioned, and your young age, you should definitely look into a liability claim against the manufacturer of the elevator, the owner/manager of the building, and/or any company that serviced and maintained the elevator. With regard to your reaction to the epidural injection, you could look into a medical malpractice claim against the facility and doctor that administered the injection.  Epidural injections are fairly complicated procedures that come with many risks.  Before undergoing such an injection, most facilities explain the potential risks with the patient.  However, in order to fully investigate whether a claim exists against the facility or doctor, you would need all the medical records to evaluate exactly what was done, or not done. If you were to make a claim against the building owner, elevator manufacturer, or the maintenance company, there is no cap on pain and suffering.  Any settlement or verdict you obtained would need to compensate you for future medical care, and pain and suffering, for the rest of your life. You definitely have a Florida personal injury accidents claim worth looking into.  If you would like to pursue the claim, or at least investigate your options further, please give me a call.  I handle all claims on a contingent basis which means there is no attorney’s fees owed if there is no recovery.  Please give me a call if you would like to discuss the claim.

For more information about Florida personal injury accidents, contact Florida premises liability lawyer, Joseph M. Maus at 1-866-556-5529, visit his website at jmmlawyers.com or email him today.


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The following is an expert answer given by Florida Premises Liability Lawyer, Joseph M. Maus, and taken from AllExperts.com, a free Q & A service on the internet:

Question: I have been reading some of the other posts for slip and falls. I don’t see any information or letters that pertain to grocery carts (not that there aren’t any.) I was at a grocery store with my 17 month old daughter sitting in the front compartment of a grocery cart (she was buckled in) and my son sitting in basket. I felt the cart was wobbling however I knew I only wanted to pick up a few items so it would not take long. Well as my son was getting out, I held onto the cart, however, because the wheels were not secure, the cart tipped over with my daughter in the cart. She fell on her side and injured her hand, however no broken bones according to her Pediatrician. I filled out an accident report with the store manager and he did see the blood on her hand after the fall. A rep for the store called and left me a message today. My question is, am I entitled to any compensation for my daughters pain and suffering? After reading some of the other letters I don’t think the injuries are severe enough to seek an attorney or should I? Do you think it would be necessary to write a letter demanding or requesting a settlement? Thank you for your time! Your site has been very helpful. Answer: Your email does not indicate what state you live in.  I am a Florida personal injury accidents attorney specializing in auto accidents, slip and falls, and workers compensation claims.  Laws vary from state to state so the best advice I can give you is to consult with an accident lawyer in your area. Regarding your daughter’s accident, the same standard for negligence should apply.  In Florida, a store owner owes two duties to its customers – maintain the property in a reasonably safe condition, and to warn its customers of dangerous conditions that the customers cannot appreciate themselves.  This would extend to a store’s grocery carts and making sure they are in good working order.  A cart that tips over on its own while your daughter is sitting in it is obviously not working properly. Most stores do routine maintenance on their carts so that they operate properly for shoppers.  However, just judging by my own experience at grocery and “big box” stores, it is the exception that you get a grocery cart that works properly, rather than the norm. You almost always get a cart with a wobbly wheel.  In order to determine whether you have a claim to pursue against this store, you would have to be able to show that this particular store was not properly maintaining its carts.  In my opinion, based on what happened with the cart, if your daughter’s injury is serious enough, you should pursue the claim. At least in the case of Florida personal injury accidents and in most other states, when making a negligence claim for injuries, you can recover damages for pain and suffering, both in the past and if she is going to have pain and suffering in the future due to the injury.  Additionally, you can recover damages for past and future medical bills. You may want to ask the grocery store if they have an insurance policy which has medical payments coverage, also known as “medpay”.  Medpay is insurance coverage that will reimburse you for any out of pocket medical expenses you incur for medical treatment for your daughter.  The store would also have liability coverage which is insurance which covers claims such as your daughters. You do have the opportunity to try and settle your daughters claim without an accident lawyer.  It just depends on how serious the injury is.  For very minor injuries, I would probably suggest putting in writing a summary of how the accident occurred, the reason the store is responsible, and details of your daughter’s injury and medical care.  You should include a demand for settlement – a dollar figure – which you would be comfortable settling the claim for.  Keep in mind, whatever dollar figure you put down, the store or its insurance company will try to negotiate down from that amount, i.e. aim high. If the injury is more serious, I would not hesitate to speak with an experienced accident injury attorney.  An attorney specializing in negligence claims will know how to proceed on the claim to maximize your daughters’ recovery, and to resolve the claim as quickly as possible.  One of the first things you or your accident lawyer would want to do is to advise the store to preserve the cart, without alteration, so it can be inspected to determine why it tipped over.

FOLLOW UP RESPONSE:

Hi Joseph, yes I am in Apopka, FL…sorry about that. Thank you so much for responding so quickly. My intentions were to write a letter demanding compensation for pain and suffering not for the medical. My insurance covers my daughter’s medical 100%. When I return the call to the rep for the grocery store should I tell her I will be writing a letter requesting compensation? Can you help me with writing the letter and where the letter should be sent? Should I copy anyone in upper mgmt such as the CEO, CFO, COO, etc? I am willing to pay (if it’s not too expensive). By the way, with regards to the cart: the manager told the cart attendent to remove the cart after the incident happened. Thank you again for all your help!!! Answer: You should probably explain to the grocery store representative that you are considering hiring an attorney as your daughter is having significant problems with her injuries.  You can inquire about the possibility of a settlement prior to you hiring an attorney.  The store will most likely request a settlement demand, preferably in writing, and summarizing your daughter’s injuries, to include an amount you are comfortable settling the claim for.  Keep in mind the grocery store will attempt to negotiate down from whatever you demand, so leave yourself room to negotiate. If you’re not satisfied with the grocery store’s response, I would probably speak with a Florida personal injury accidents lawyer.  Most Florida injury attorneys handle these claims on a contingent basis, which means you would not have to pay them anything out of your pocket, but they would be entitled to a percentage of whatever is recovered, usually 1/3 if the claim is settled before filing a lawsuit. With regard to the cart, you obviously want the cart removed from being used, but you don’t want it destroyed or repaired.  If you need to file a lawsuit down the road, you will need that cart to prove liability against the grocery store.

For more information about Florida personal injury accidents, contact Florida premises liability lawyer, Joseph M. Maus at 1-866-556-5529, visit his website at www.mauslawfirm.com, or email him today.


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The following is an expert answer given by Florida Slip And Fall Injury Lawyer, Joseph M. Maus, and taken from AllExperts.com, a free Q & A service on the internet:

Question: I recently fell in the parking lot of a post office by stepping on a cracked area in the pavement. I fell face forward. I did not hit my head. Both of my hands (my left hand more so) were hurting and both my knees. My pinky finger on my left hand was torn and bleeding. A witness to the accident notified the manager of the post office who took down my info and the witness info. I went to the emergency room and was told to follow up with my PCP . I called my PCP for a follow up visit the next day because now I am also experiencing neck and back pain along with a burning sensation in my lower back. My PCP refused treatment stating she does not do personal injuries. I called a Medical Facility and was basically told the same thing with an exception that if I was not going to file a claim then they would see me. In the mean time, I was mailed a claims form from the post office. My questions are: (1) Why am I refused medical treatment because I fell?  (2) Should I involve an attorney? (3) What are my chances the post office would at least pay part of my medical bills? Any information would be greatly appreciated. My main concern is getting further treatment for my injury. What do I need to do in order to get further treatment? I am being treated as an out cast. I am in pain and no one wants to see me. I’m not sure if I asked all the questions I need to. Please give me all the information you can. I have never been in a predicament such as this. I sincerely thank you in advance for your help!!! Answer: I can try to provide you with some helpful information about your fall, but please consult with an attorney in your area to determine whether you have a valid claim.  Your email does not indicate where you live.  I am a Florida slip and fall injury attorney specializing in serious accidents such as car accident, trip and falls, and work accidents.  Laws vary from state to state so the law in your area may be different that in Florida. What happened to you is a fairly common occurrence – tripping over uneven pavement.  I currently represent several people that have similar claims, either in a parking lot or on a sidewalk.  There are several laws that may apply to your claim.  Because you fell in the post office parking lot, your claim may be affected by federal claims laws, county and city municipal codes, and existing state laws on trip and fall accidents. Keep in mind that in Florida, a person or company is not automatically responsible for your injuries and medical bills just because you tripped and fell on on their property.  A property owner in Florida owes two duties to persons legally on the property – 1. to maintain the property in a reasonably safe condition, and 2. to warn people of dangerous conditions that are not obvious or apparent.  The Post Office, or the person or entity that owns the property may be responsible to you for your injuries and medical bills if the condition that caused you to fall was one that they knew about, or existed for a long enough period of time that they should have known about it.  Uneven pavement is a condition that usually occurs over time, either due to erosion or tree roots growing nearby, so it is most likely that the Post Office knew about this dangerous condition. One possible reason you were told by your PCP that he does not treat “personal injuries” is that he does not want to get involved in your claim. The good news is that he is a minority, and there are always plenty of quality doctors that will get involved and provide you treatment. The best advice I can give you is to speak with an attorney specializing in trip and fall injury accidents in your area to see whether you should pursue a claim.  An experienced trip and fall lawyer is going to know the laws in your area and how best to proceed.  Most slip and fall lawyers handle cases on a contingent basis which means if the lawyer does not recover any money for your claim, there is no charge for costs or attorney’s fees.  Most Florida slip and fall injury lawyers will also offer a free, no-obligation consultation, so you have nothing to lose by meeting to discuss your claim. An experienced accident injury lawyer will also know how to assist you in getting, and paying for, medical care.  You can use your health insurance if you have it, the insurance company for the property owner may have medicalpayments coverage which would pay for some of your bills, or the lawyer may be able to arrange for your medical care to be reimbursed out of the proceeds of any settlement you receive. It is best to explore making a claim soon after the accident occurred.  In Florida, you have four years from the date of the accident to bring a claim.However, you don’t want to wait that long as witnesses disappear and their memories fade, employee witnesses move on to different jobs, and evidence can be lost.  Your attorney will also want to get pictures of the area where you fell before any repairs are made to it. For more information about a Florida slip and fall injury, contact Florida premises liability lawyer, Joseph M. Maus at 1-866-556-5529, visit his website at www.jmmlaywers.com, or email him today.


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The following is an expert answer given by Florida Slip And Fall Lawyer, Joseph M. Maus, and taken from AllExperts.com, a free Q & A service on the internet:

Question: I fell on ice in my condo parking lot a few weeks ago. The condo association cleared the parking lot of snow and shoveled most sidewalks but they did not shovel the sidewalk in front of our cars, so my only access to my car was on the blacktop.  I slipped on black ice and fractured my arm and am currently in a sling for four weeks. I can not drive to work. I have had to pay for transportation. I am also the caregiver for my son’s two children every other weekend and can not lift my grandson.  I was told that if it heals properly within four weeks I will then go to physical therapy.  I called the maintenance association and told them to please come back out and shovel the sidewalk so we could access cars and they never did.  Do I have a legal right to sue them for negligence, physical harm, pain and suffering etc? Answer: The answer to your questions depends on the law in your state for slip and fall accidents, and particularly how your state courts treat slip and falls on ice.  I am a Florida attorney specializing in car accidents claims, slip and falls claims, and workers compensation accidents.  Laws vary from state to state so what happens in a Florida slip and fall case may not be the case in your state. The best advice I can give you is to speak with an attorney that specializes in premises liability claims, i.e. slip and falls.  He can advise you what the law is in your state for slip and fall accidents which occur on ice. Generally, a landowner owes two duties to persons lawfully on the property – maintain the property in a reasonably safe condition, and to warn persons on the property of dangerous conditions that the person may not be able to appreciate themselves.  Based upon your email, the maintenance association knew about this dangerous situation because you called them and advised them of it.  It has probably happened repeatedly in this parking lot.  However, they failed to correct the danger, or provide some other safe route to your car, which should allow you to pursue a claim against them. You should contact an attorney in your area soon that specializes in premises liability claims.  Slip and fall accidents are somewhat of a specialty to handle them successfully. There are many steps your attorney should take now, i.e. notify the insurance companies for the maintenance association, find out what types of coverage are available, and if there are any other entities that may be responsible, i.e. maybe your maintenance association called another company to come clear the sidewalk, and the other company never responded.  Your attorney should also obtain photographs of the area where the accident occurred, particularly if you can get photos of the area with the black ice on it as it was on the day of your accident. Most attorneys specializing in premises liability claims handle the claims on a contingent basis,i.e. their attorneys fee is a percentage of any money they recover for you, and offer a free, no-obligation consultation to discuss whether you have a viable case.  You usually do not have to pay anything up front, and if there is no recovery, you do not owe anything. So, you have nothing to lose by at least speaking with an accident lawyer. Just by my own experience in Florida slip and fall claims, if I don’t think a person has a viable case, I will tell them right up front.  There is no point in creating false expectations and wasting your time and the attorney’s time.

For more information about a Florida slip and fall case, contact Florida premises liability lawyer, Joseph M. Maus at 1-866-556-5529, visit his website at www.jmmlaywers.com, or email him today.


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If you need an expert witness to help you in a lawsuit, this may interest you.In some lawsuits, it is necessary to rely upon the opinions of expert witnesses. Courts generally permit experts to testify if they are able to assist the jury in resolving certain factual issues.Precedent on this subject is well-established in the New Jersey Rules of Evidence and in many reported decisions of the New Jersey courts.Recently, the Appellate Division of the New Jersey Superior Court considered that precedent.The case involved injuries sustained when plaintiff was seriously injured while attempting an extreme jump on his new sport all-terrain vehicle (ATV). The owners manual warned against jumps. The vehicle also had warning labels on it, although jumps were not specifically mentioned on the labels.Plaintiff’s expert opined that the risk of injury from jumping was so great that the label should contained a specific admonition against the practice.The trial court granted summary judgment to the ATV manufacturer because the expert did not identify any factual basis for his opinion.The plaintiff appealed.YOU BE THE JUDGE: Isn’t an expert permitted to give his opinion to a jury without limitation?The Appellate Division affirmed the ruling of the trial judge in favor of the manufacturer. Without an adequate explanation of the factual basis, the expert’s conclusions were merely a “net” opinion and inadmissible. Lacking this element of proof, the plaintiff’s case could not succeed.The appellate court held that experts must be qualified by experience and/or education. Further, however, they must demonstrate that their opinion is not simply personal, but is a reliable standard acceptable in the field. In this case, the expert should have identified factual or statistical information about the risk associated with jumping so the magnitude of the risk could be objectively identified. Further the expert failed to give any governmental or industry standards which were allegedly violated by the warning label that was used.The decision points out that a courtroom can bring justice and may be the only way to protect your rights. Our Law Firm knows courtrooms; we have harnessed the power of the law in courtrooms to bring justice for our clients for decades in Alpine, Allendale, Ridgewood, Paramus, Upper Saddle River and throughout Bergen County, in Clifton, Ringwood, Passaic, Little Falls and elsewhere in Passaic County, in Bloomfield, Caldwell, Roseland, Cedar Grove, Belleville and throughout Essex County, in Berkeley Heights, Clark, Cranford and Elizabeth in Union County, in Whippany, Montville, Jefferson, Chatham and Parsippany and Mendham in Morris County, in Linden, Kenilworth, Plainfield and Cranford in Union County, in Atlantic Highlands, Belmar and Avon in Monmouth County, in Kearny, Bayonne, Union City and North Bergen in Hudson County, in Cranbury and New Brunswick in Middlesex County, in Hightstown, Hamilton Township, Annandale and Princeton in Mercer County and throughout the State of New Jersey, as well as New York city. Please contact us to discuss how we can help you in a new lawsuit or provide a “second opinion” about your pending lawsuit. There is no obligation for the initial consultation.The New Jersey Law Firm and its attorneys are dedicated to client-driven results and protecting individual rights and business interests. For 40 years, the Law Firm has been recognized for sound legal judgment, immigration laws, real estate cases, litigation, contracts and advocacy in serving the transactional needs of both individual and business clients. If you need assistance with business or corporate formation and operations, or you seek legal advice about insurance defense, arbitrations, wrongful termination, malpractice, discrimination, personal injury, environmental issues, bankruptcy, insurance, civil rights and other litigation alternatives, the Law Firm has the comprehensive experience, foresight, skills and talent to assist you to safeguard your assets, interest and investments. The New Jersey Law Firm’s highly devoted, motivated, experienced, skilled lawyers/attorneys and effective legal professionals are always there to assist you.


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The following is an expert answer given by Personal Injury Protection Lawyer, Joseph M. Maus, and taken from AllExperts.com, a free Q & A service on the internet:

Subject: Old razor and toothbrush left in hotel bed Question: My husband, daughter, and I stayed at a hotel in Wilmington, NC. My 3 year old pulled back the covers on our bed and crawled underneath them. She was hiding when I came out of the kitchen to see what she was doing. She was still under the covers, so I pulled them back to find her chewing on a used toothbrush (not ours) and trying to shave her leg with a razor (also not mine) I swiftly took the toothbrush away from her, put the cap back on the razor and put it in a bag. I took it downstairs and reported it to the front desk. I asked for clean sheets because I figured the bed had not been changed either. When I came back up stairs, I noticed that my little girl had a small cut on her ankle. What should I do? I didn’t notice blood before I took the razor and I can’t be certain she was cut. The baby doctor said there aren’t a whole lot of tests that can be run immediately but she was given antibiotics.  I have tried to contact the hotel but have gotten no response. What should I do? Answer: The answer to your questions depends on the law in NC for premises liability claims. I specialize in Florida personal injury protection claims such as car accidents, slip and fall cases, and work accidents.  However, laws vary from state to state so what happens in a Florida personal injury protection case may not be the same in NC. The best advice I can give you is do speak with an attorney about your personal injury protection claim.  He can advise you what the law is in NC for an incident such as yours.  The primary question that I don’t know the answer to is whether you have a claim simply based upon the anxiety and uncertainty associated with what happened, or does there need to be a resulting sickness, infection, etc. before making a claim.  I am not trying to minimize what happened because it is pretty outrageous, but Florida has what is called the “impact rule” which in certain cases requires a person to actually suffer a physical injury, rather than just anxiety associated with an incident that occurred. Generally, a hotel owes two duties to persons lawfully on the property – maintain the property in a reasonably safe condition, and to warn persons on the property of dangerous conditions that the person may not be able to appreciate themselves.  By the facts you have described, I would say the hotel absolutely breached these duties. Most Florida accident and injury attorneys will see you for a free consultation to evaluate your case.  I am guessing lawyers in NC will do the same so you have nothing to lose by meeting with an attorney.  Additionally, the lawyer will know how best to pursue the personal injury protection claim, i.e. preserve evidence and witnesses, obtain insurance information, and move the claim forward.

For more information about personal injury protection, contact South Florida injury attorney Joseph M. Maus at 1-866-556-5529, visit his website at jmmlawyers.com, or email him today.


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The following is an expert answer given by Broward County Injury Lawyer, Joseph M. Maus, and is taken from AllExperts.com, a free Q & A service on the internet:

Subject: Attorney Won’t Talk To Witness

Question: What do you do when your personal injury attorney will not communicate with your expert witness because he does not want to pay his retainer?  Our previous attorney hired this expert and my family personally paid a substantial amount for his investigative services.  This present retainer is a nominal fee in comparison to what we paid the expert.  Our present attorney pays for the services of experts according to his contingency agreement. We do have some notes that the expert took from interviews of witnesses.  I talked with him a few days ago about what was discovered by the expert witness and he brought up a possible spoilage of evidence issue.   There is also other crucial evidence we want him to investigate further. The court ordered a mandatory mediation and we do not feel that the discovery has been thorough enough in order to present our case effectively. We feel our attorney should leave no stone unturned, however he has not even returned our expert’s emails.  How can we be satisfied with any settlement offered if we still have questions that we want answered?  What would you advise in this situation? Answer: You need to sit down and have a detailed, face to face, discussion with your attorney on what is going on with the case.  Without knowing the history of your case, and all the details of what has happened through both your attorneys, I could not give you an opinion as to whether the current attorney is handling the case correctly. Make a list of your questions.  Take the expert’s emails with you.  Ask about the presentation that is going to be made at mediation, and whether additional discovery would help your case at mediation.  And, ask about the settlement and verdict range of cases similar to yours.  Your attorney should be able to answer all these questions to your satisfaction, or you should find an attorney that can. I can tell you from my own experience as a Broward County injury lawyer, clients sometimes do not appreciate the critical legal issues in a case, and focus on more emotional issues that may not have much bearing on the outcome of a case.  Expert witnesses sometimes do the same.  Your attorney needs to focus on the elements of the claim which need to be proven in court, including damages, and utilize expert witnesses for that limited purpose.  It doesn’t do you any good to have an expert run up costs on a file if there is no benefit or use to the opinions he/she will be able to provide.

For more information or to speak with a Broward County Injury lawyer, contact Florida premises liability lawyer Joseph M. Maus at 1-866-556-5529, visit his website at www.mauslawfirm.com, or email him today.


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