Law Offices of

Darrin M. Phillips, P.A.

 
Personal Injury & Wrongful Death
 

Personal Injury Law is also known as tort law. A tort is described as "a civil wrong or wrongful act, whether intentional or accidental, from which injury occurs to another."  Although a tort can be intentional when an injury is purposely inflicted, the most common torts involve negligence. The most common examples are motor vehicle accidents including motorcycle, boating and pedestrian accidents.  Other negligence claims involve premises liabilityIn the medical field, examples are nursing home neglect and abuse, and medical malpractice.

When an accident occurs due to negligence, the injured party may file a claim against the negligent party to recover damages. Damages generally include current and future medical expenses, property damage, pain and suffering, current and future loss of income, loss of enjoyment of life and in certain cases, punitive damages.

If you have been involved in an automobile accident or motorcycle accident, you may be able to file a claim against the negligent driver to recover damages for lost wages, property damage, medical costs, future losses and pain and suffering. It is advisable for you to consult with an experienced attorney as soon as possible after the accident has occurred.

Boating Accidents.  Florida has more registered recreational vessels and the highest water sport accident rate than any other state in the United States. Water sport activities such as boating, jet skiing and water skiing are popular activities in Florida year round.  These activities pose a unique danger of serious personal injury and death and involve complex legal and safety issues.

Collisions with other boats, or other type of water craft, is the most common cause of serious injury and death in boating accidents. Other causes of injury are slip and falls, reckless driving, drunk driving, boat malfunctions and inexperienced water craft operators. It is a general rule of law that the owner and operator of a boat has a duty to exercise the highest degree of care in order to prevent injuries and death to others.  As with all types of accidents, you should consult with an experienced attorney as soon as possible after a boating accident has occurred.

Premises Liability claims involve situations where an individual is injured while on someone else's property.  A common type of premises liability claim is a slip and fall claim.  This generally refers to situations where a person is injured by slipping, or tripping, and falling due to a dangerous condition on a property. Such falls can happen inside or outside a building, and be caused by any of a number of conditions, including wet floors, poor lighting, structural defects, or hidden hazards. Falls are known to cause catastrophic injuries such as a fractured hip, broken back and head injury. 

Another type of premises liability claim involves assault and battery on a commercial premises.  In the state of Florida, the owner of a commercial premises has a duty to protect members of the public from an assault or battery while on the premises.  While the owner of a commercial premises is not liable in all cases, if the owner knew or should have known that the assault was reasonably foreseeable, for example if there were prior similar incidents on the premises, then the owner may be liable.    As with any type of negligence claim, you should consult with an experienced attorney as soon as possible after being injured on someone else's premises.

Wrongful Death.  A death caused by a negligent, careless, intentional or reckless act of another person or corporation is considered a wrongful death. In most states, if the death of a relative or spouse was caused by the wrongful act of another, surviving family members can file a wrongful death lawsuit against the negligent party or parties. In order to file a wrongful death claim, you must be able to prove that you will experience severe future emotional and financial hardship because of the loss the relative or spouse. The laws regarding wrongful death cases are complex and include many facets of law. It is vital to surviving family members to seek the advice of experienced wrongful death lawyers to protect your rights and those of your loved ones.