Articles Posted in Personal Injury

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law booksIf you or someone close to you has been injured as a result of someone else’s negligence, you may be able to seek compensation for your harm through a personal injury claim. Dealing with an injury can be difficult enough without having to think about the legal process. Clients often want to know how long the process will take, and the answer to that is simply that it depends on the situation. Perhaps understanding the stages of a personal injury claim can provide some clarity.

Personal injury is an area of law that covers situations in which a person suffers harm due to someone else’s negligence or misconduct.

The first stage of any claim involves investigating the facts of the case and determining whether or not there is a possible claim. The investigation portion may consist of visiting the scene of the accident, figuring out when the accident occurred, taking note of the weather conditions, speaking to witnesses, and obtaining medical records, bills, and other documents pertinent to the accident (such as a police report).

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golf cartFlorida is a state full of sunshine and golf courses. With the numerous pristine golf courses throughout the state, Florida residents and visitors have experienced an increase in golf cart use. Unfortunately, the increased use of golf carts also means more golf cart accidents. There are a number of types of golf cart crashes in which unprotected occupants may suffer serious harm. If you’ve been in a golf cart accident, we can help. At the Law Offices of Robert Dixon, our Miami injury lawyers can assess the merits of your case and help seek the compensation you deserve.

Many people don’t realize how dangerous a golf cart can be. Golf carts do not always have seat belts, and yet they can reach speeds of up to 40 mph. According to the Consumer Products Safety Commission (CPSC), approximately 15,000 golf cart-related injuries take place every year in the United States. There are a number of reasons that golf cart accidents may occur, including reckless driving, joyriding, inattentiveness, drinking and driving, distracted driving, and more.

In most instances, a person involved in a golf cart accident will be able to file a lawsuit against the at-fault party under the theory of negligence. In order to succeed on a negligence claim, an injured person must show that the at-fault party owed the plaintiff a duty of reasonable care that was breached and that the breach was the direct cause of the plaintiff’s injury and the resulting damages. The duty of reasonable care refers to the obligation to act as a prudent person would act in the same or similar circumstances. In Florida, a golf cart is considered a dangerous instrumentality, and the owner of a golf cart can be liable for a negligent driver.

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PFSEvery year, a number of people in Florida and throughout the United States are injured in a variety of accidents. Injured parties often file personal injury lawsuits against the at-fault party. Personal injury litigation is governed by the Florida Rules of Civil Procedure. Most personal injury cases never make it to trial. In fact, more than 90 percent are settled before a jury verdict.

Proposals for settlements (PFS) are creations of the Florida legislature.  Rule 1.442 creates the guidelines and parameters for the service of a PFS. A PFS must be made in writing and include:

  1. The party or parties making the proposal as well as the party or parties to whom the proposal is being made;
  2. A clause that states that the proposal decides all damages that would otherwise be awarded in a final judgment in the action in which the proposal is served;
  3. Any conditions;
  4. The entire amount of the proposal, as well as all non-monetary terms of the proposal;
  5. The amount proposed to settle a claim for punitive damages (if any);
  6. Whether the proposal includes attorneys’ fees and whether these fees are part of a legal claim; and
  7. A certificate of service in the form, as mandated by rule 1.080.

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