Pace, FL Personal Injury Law Firms & Lawyers

Her claim would not be independent of yours rather, hers is what is referred to as a derivative claim for loss of consortium (a lovely old phrase!). In other words, she cannot bring her claim directly against the driver except through your claim for injuries. It may have been malpractice for the hospital not to have performed an MRI (although its doctors will defend themselves by saying that in their judgment an MRI wasn't needed), but I doubt there's a case there because I doubt you will be able to show that had you gotten an MRI sooner you would have ended up with a significantly better medical condition. Perhaps the brain injury would have been detected sooner, but you also have to prove that (1) treatment would have begun sooner; and (2) it would have avoided much of the injuries you are now suffering, at least to your brain. Note that you have two years from the date of the alleged malpractice to formally assert a claim for medical malpractice; otherwise, the claim will be time-barred forever. As a practical matter, I think it's best not to assert a claim for medical malpractice, because you have an opportunity to go after the driver who put you in the hospital in the first place, and because malpractice is foreseeable, that driver likely will be on the hook for whatever damages the hospital caused, even if the hospital (or its physicians) committed malpractice.

Generally, if you are attacked by a dog, the dog owner will be held strickly liable for the injuries caused by the dog(s) and possibly liable for punitive damages. You may be able to obtain a copy of the police report which should contain her information. If you need any additional information, please feel free to send me an email and/or visit our website. I wish you the best of luck with your case. Thank you.

You can sue for pain and suffering, if you have not signed a release at the time the renter paid through his renter's insurance. You may have. If not, the case should have a value of 2-3 times your medical costs if no scarring occurred. If it did, then it may be more valuable. As to your question about property owner responsibility that is much more difficult and without more facts it is impossible to say.