Slinkman, Slinkman & Wynne explains: the important concept of “Comparative Fault” in Slip & Fall cases in Florida

Comparative Fault in Florida

Slip & Fall accidents are a commonplace occurrence here in Florida. At Slinkman, Slinkman & Wynne, P.A. when we first sit down with you, our perspective client, during our free consultation we try to get as clear a picture as to what happened during your Slip and Fall incident as possible. One of the most important reasons is that we start to look at the “comparative fault” involved in your incident.

 

In Florida law the statutes that pertain to Slip and Fall accidents in which an injury has occurred state clearly that more than one person or entity can be held at fault, if applicable. This is referred to as “Comparative fault”. Florida operates under what is known as a pure comparative negligence standard. This standard leads the court to assign a percentage of fault to both the defendant and the plaintiff in civil cases here in Florida. Here is how it works:

 

For example: if you are involved in a Slip and Fall accident here in Florida, and the person or entity you are trying to hold liable for the incident can prove that you are either partly to blame for the accident OR making your injuries worse, the courts here are obligated to follow this comparative fault rule. Therefore, if your damages add up to $50,000 but you are found to be 20% at fault, your compensation will be reduced by $10,000 to only $40,000 (reduction of 20% of $50,000). Be prepared for the defendant’s lawyers to raise this “Comparative fault” rule during any settlement talks.

 

If you or someone you care about gets injured in a Slip and fall accident or you simply have a question about a personal injury incident, please call us at Slinkman, Slinkman & Wynne, P.A. As mentioned earlier we offer a free initial consultation, and our phone number is (561) 686-3400, or you can fill out our easy to access and use Case Review Form at http://www.sswlawfl.com/.

 

At Slinkman, Slinkman, & Wynne, we understand that Slip and fall accidents happen all the time. If you fall because of the negligence of the property’s owner, then you need to contact us right away. We help our clients obtain payment to cover hospital and other medical expenses, pain and suffering, and more, if the situation warrants it. If you want to learn more about how we can help you in a situation where someone you love has been in an accident, then go to this page on our website: http://sswlawfl.com/areas-of-practice/accidents-serious-injury/. We also specialize in Wrongful Death & Serious Injury, Medical Malpractice, Automobile Accidents, Motorcycle Accidents, Boating Accidents, Defective Products, and many other types of legal situations where injury or death has occurred.

 

Whether you are in Palm Beach Gardens, Jupiter, Stuart, West Palm Beach or any other city in the state of Florida, you need to find and hire a law firm that has the level of knowledge and experience that will get you the financial results you deserve, while also working with you throughout your case until some type of resolution has been reached. At Slinkman, Slinkman, & Wynne we have been devoted to protecting south Florida families for over 40 years.

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How long do I have to file a personal injury lawsuit in the state of Florida?

a-statute-of-limitation

Like every other state in America, Florida has a law in its statutes that specifically sets a deadline for the amount of time you have to file a lawsuit in our state’s civil courts against the person or business that might be legally at fault for your injuries caused in an accident. This law is called a statute of limitations, and in Florida law this statute can be found in the Florida Statutes Annotated section 95.11.

 

The most important aspect of the statute of limitations for you if you are injured in an accident is that it gives you four (4) years from the date of the accident to file a lawsuit. Otherwise, unless under extreme and very rare cases, the court will almost certainly refuse to even hear your case at all.

 

One important adjunct to the Florida statute of limitations law is that if your injury claims are against either a city, county or state government entity or official your time limit to file is only three (3) years.

 

To read more on Florida’s Personal Injury Laws & Statutory Rules go to: http://www.alllaw.com/articles/nolo/personal-injury/laws-florida.html

 

Our Board Certified lawyers from Slinkman, Slinkman, & Wynne, P.A. are the right lawyers to get you the best settlement that you deserve based upon your unique set of circumstances when you have been involved in an automobile accident, truck accident, boating accident, motorcycle accident, any other vehicle or a slip and fall.  We have been devoted to protecting South Florida families for over 40 years.

 

If a person you care about gets hurt or killed in a car, motorcycle or boating accident, or you simply have a question about a potential personal injury situation that you have not yet had answered and you are not sure whether hiring an attorney is your best plan of action, please call us at Slinkman, Slinkman & Wynne, P.A. We offer a free initial consultation, and our phone number is (561) 686-3400.

 

Your initial consultation with our law firm is free, and we lay out all of your options for you honestly and completely. If we do agree to move forward together you will find that we work tirelessly to help you and/or your loved ones obtain payment to cover hospital and other medical expenses, pain and suffering, and more, if the situation warrants it. If you want to learn more about how we can help you in a situation where someone you love has been in an accident, then go to this page on our website: http://sswlawfl.com/areas-of-practice/accidents-serious-injury/. We also specialize in Wrongful Death & Serious Injury, Medical Malpractice, Defective Products, and many other types of legal situations where injury or death has occurred.

 

Whether you are in Palm Beach Gardens, Jupiter, Stuart, West Palm Beach or any other city in the state of Florida, you need to find and hire a law firm that has the level of knowledge and experience that will get you the financial results you deserve, while also working with you throughout your case until some type of resolution has been reached. With over four decades of experience, that firm is Slinkman, Slinkman, & Wynne.

 

Contact us directly at (561) 686-3400, or via email at info@sswlawfl.com.

How to spot a drunk driver in Jupiter and Palm Beach Gardens

Summer is here which also means the summer driving season is here. Many families pack up their belongings and the children and head to points all over the United States to visit friends and relatives. Of course there are also 3 major holidays that happen during this time, as well. Memorial Day has come and gone, while Independence Day is only a few weeks away with Labor Day to follow at the beginning of September.

Statistics tell us that the incidence of drunk driving rises significantly on and around these holidays. In fact, July 4th and Labor Day turn out to be two of the three or four days with the most drunk driving deaths in America every year, according to yearly surveys by the National Highway Traffic Safety Administration (NHTSA).

With that in mind here are ways for you to spot a drunk driver out on the road during this time, and any time. Spotting a drunk driver in enough time to get away may just save your life, and the life of your family.

From MADD: “While we work hard to turn cars into the cure and eliminate drunk driving forever, families must continue to be vigilant on our roadways.  You can help protect your family from drunk drivers by looking for these signs of intoxication among other motorists.” This full list is shared directly from the Mothers Against Drunk Driving (MADD) website:

  1. Quick acceleration or deceleration
  2. Tailgating
  3. Weaving or zig-zagging across the road
  4. Driving anywhere other than on a road designated for vehicles
  5. Almost striking an object, curb, or vehicle
  6. Stopping without cause or erratic braking
  7. Drifting in and out of traffic lanes
  8. Signaling that is inconsistent with driving actions
  9. Slow response to traffic signals (e.g. sudden stop or delayed start)
  10. Straddling the center lane marker
  11. Driving with headlights off at night
  12. Swerving
  13. Driving slower than 10 mph below the speed limit
  14. Turning abruptly or illegally
  15. Driving into opposing traffic on the wrong side of the road

To read more, please go to: http://www.madd.org/drunk-driving/how-you-can-help/how-to-spot-a-drunk-driver.html?referrer=https://www.google.com.ph/

Unfortunately, there can be occasion where no matter what you do you can not avoid getting into an accident with a drunk driver, or another automobile driver. If you or someone you know is injured or dies as a result of an auto accident caused by a drunk driver, or someone else’s negligence, contact us at Slinkman, Slinkman & Wynne, P.A. immediately. We offer a free initial consultation, and we will try to help you through this very difficult and emotional time. Our phone number is (561) 686-3400.

At Slinkman, Slinkman, & Wynne, we know that automobile accidents involving drunk drivers happen, particular over the holidays. We help our clients obtain payment to cover hospital and other medical expenses, pain and suffering, and more, if the situation warrants it.

If you want to learn more about how we can help you in a situation where you or someone you love has been in an auto accident, then go to this page on our website: http://www.sswlawfl.com/areas-of-practice/auto-accident/. We also specialize in Slip and Fall accidents, Wrongful Death & Serious Injury, Medical Malpractice, Boating Accidents, Motorcycle Accidents, Defective Products, and many other types of legal situations where injury or death has occurred. We have worked to protect families in Jupiter, Palm Beach Gardens, Stuart, West Palm Beach, and throughout south Florida for over 40 years, and we look forward to helping you!

Tips for safe boating during the summer season in Florida

Family in Life jackets on a boat on a lake

Memorial Day weekend has come and gone, and schools are on summer vacation. The summer boating season has begun. Now is a great time to remind all of you out there who plan on boating this summer here in Jupiter, Palm Beach Gardens and throughout south Florida of some important boating safety tips to help keep you, your family and friends healthy and happy out on the open water this year.

Here is a list of 8 boating safety tips that you, your family should follow each and every time you go out on a boat here in south Florida at this time of year:

  1. Do not drink if you are driving or planning to drive the boat. First of all, it is just as illegal to drink and drive a boat as it is an automobile or motorcycle. Furthermore, drinking dulls your senses, greatly increases your response time if something happens. And boats do not maneuver as fast as cars to begin with. Leave the drinking for later.
  2. Check the weather before you go – have an idea what is supposed to happen throughout the time you are out on the ocean. People who have lived here a while already know this, but the summer season on the east coast of Florida sees many afternoon rain storms that also go out over the Atlantic Ocean. If you are unaware or not paying attention, you can be caught in a dangerous rain squall in a relatively short amount of time.
  3. Make a “float plan” and share it with someone. Let at least one other person (several, optimally) know of your travel plans for that day. Include your name, address, phone number, make and model of the boat, departure and arrival time and any stops you are planning along the way.

** There are mobile phone apps available for just this purpose. Here is a list of a few of them from Discover Boating.com:

http://www.discoverboating.com/appsandtools.aspx?c=681

  1. Check the boat for sea-worthiness before putting it in the water. The middle of the ocean is no place to figure out that your boat has a problem that you could have detected before leaving.
  2. Make sure you have all the proper safety equipment onboard. In addition to having and wearing life jackets, make sure to carry at least the minimum required equipment by the U.S. Coast Guard. Here is a list, depending upon the length of your boat: http://www.boatus.org/guide/equipment_6.html
  3. Once onboard, wear a properly fitting life jacket; make sure to outfit any children with life jackets as well. The United States Coast Guard recently released estimates stating that over 80% of the people who died in boating accidents could have been saved if they had been wearing a life jacket.
  4. Ensure the safety of every child on board your boat:
    1. Make sure they have a life vest made for their size
    2. Teach them not to run around the boat; to stay seated while the boat is moving, and to keep their hands and feet inside the boat at all times
    3. If they are your children and you plan on having them out on the water with any consistency, have them enrolled in swimming and boater safety classes.
  5.  Watch for swimmers and other smaller water craft. You are in control of a vehicle that can turn into a deadly weapon very easily. You can neither slow down, reverse or maneuver anywhere near as quickly as you can when manning most other types of vehicles, particularly in the canals and Intracoastal Waterway areas. Therefore, you need to anticipate what moves anyone else within your vicinity might make at least 8 to 10 seconds in advance, if possible.

Our Board Certified lawyers from Slinkman, Slinkman, & Wynne, P.A. are the right lawyers to get you the best legal advice based upon your unique set of circumstances when you have been involved in a boating accident or any type of incident out on the water.  We have more than 40 years of experience specializing in protecting families here in Jupiter, Palm Beach Gardens, West Palm Beach, Stuart and throughout Florida. We make sure to ask the right questions of all companies and interested parties in your case. We represent clients anywhere in the state of Florida.

If you or someone you know is involved in a boating accident or any other marine legal issue, contact us at Slinkman, Slinkman & Wynne. We offer a free initial consultation, and we will try to help you through this very difficult and emotional time. Our phone number is (561) 686-3400. Or go to our website at http://www.sswlawfl.com.

Accidents can and do happen. We help our clients and their children obtain payment to cover hospital and other medical expenses, pain and suffering, and more, if the situation warrants it. We also specialize in Slip and Fall accidents, Automobile accidents, motorcycle accidents, Wrongful Death & Serious Injury, Medical Malpractice, Defective Products, and many other types of legal situations where injury or death has occurred.

The following additional articles were referenced in the compilation of this blog:

https://blog.boatsetter.com/boating-safety-tips/

http://www.coit.com/blog/boating-safety-tips

Car seat laws improved but need to go further in Florida to protect more of our children

Beautiful happy girl with teddy bear sleeping in the car

Schools across the state of Florida are letting out for summer break this coming week. That means that the summer driving season is upon us, where families will be driving around the state of Florida and to much more far-flung places around the country to visit relatives, friends and the multitude of tourist attractions that this great country of ours has to offer. Now is the perfect time to remind all of you who will be traveling this summer Florida’s most up-to-date car seat and restraint laws for children.

 

The most recent changes went into effect about a year and a half ago, on January 1st, 2015. Here is a quick refresher of the series of requirements, as stated in the 2015 Florida Statutes:

  • Children through the age of 3 must be secured in a federally-approved car restraint seat.
  • Children through the ages of 4 and 5 must be secured in a car seat or booster seat. Which one depends upon their size.

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0316/Sections/0316.613.html

 

These additions to the state law increased requirements up through the age of 5. Before the beginning of last year, car seat requirements for children in the state of Florida only covered up through the age of 3. Although this is certainly an improvement, a number of child safety advocates continue to lobby for Florida state politicians to bring our laws in line with other states or to the standards recommended by the American Academy of Pediatrics’ that children by restrained in a booster seat until they are at least 4 feet, 9 inches (57 inches) tall.

 

St. Joseph’s Children’s Hospital child advocacy supervisor Bevin Maynard was quoted as saying by the Tampa Bay Times that the magic number “is not weight or age. It is height.”

 

She has had quite a bit of experience working with children and their families when a child has been seriously injured in an automobile accident. She knows that statistics from the National Highway Traffic Safety Administration state that the leading cause of death for children between the ages of 5 and 14 in the United States is improper restraint when in a traffic accident.

 

Some information for this blog post including the quote from Bevin Maynard was shared from the following article:  http://www.tbo.com/news/politics/new-florida-car-seat-law-takes-effect-jan-1-20141221/

 

If your child or the child of someone you know is injured in an auto accident you probably need a lot of comfort, in addition to expert legal advice on what to do. Call us at Slinkman, Slinkman & Wynne, P.A. We offer a free initial consultation, and we will try to help you through this very difficult and emotional time. Our phone number is (561) 686-3400.

At Slinkman, Slinkman, & Wynne, we know that car accidents unfortunately happen all the time. We help our clients and their children obtain payment to cover hospital and other medical expenses, pain and suffering, and more, if the situation warrants it.

If you want to learn more about how we can help you in a situation where someone you love has been in an auto accident, then go to this page on our website: http://www.sswlawfl.com/areas-of-practice/auto-accident/. We also specialize in Slip and Fall accidents, Wrongful Death & Serious Injury, Medical Malpractice, Defective Products, Premises Liability, Boating Accidents, Motorcycle Accidents and many other types of legal situations where injury or death has occurred.

Our main office is in Jupiter, Florida at 1015 W. Indiantown Road, Suite 101A. We have litigated cases in Palm Beach County and throughout the state of Florida.

 

Teens still need to be pushed to wear their seat belts in cars in Jupiter, Palm Beach Gardens and everywhere else in America

Safety: Female Driver Fastening Seat Belt

Even with the additional emphasis by practically everyone – the media, automobile companies, the government (through their “Click It or Ticket” campaign) and even society in general – the percentage of teenagers who drive without wearing their seatbelts has remained largely unchanged over the last decade and a half. That according to statistics published by the CDC (Centers for Disease Control and Prevention).

Approximately 20% do not wear their seat belt now, or 15 years ago; the percentage of male teen drivers not wearing seat belts is still about 10% higher than female teen drivers; and the percentage of teens who died in motor vehicle accidents who were not wearing their seat belt still hovers around 50%. To read more on these sobering and sad statistics, please go to the following articles:

http://www.cdc.gov/motorvehiclesafety/teen_drivers/teendrivers_factsheet.html

and

http://www.gallup.com/poll/6145/teens-buckling-up.aspx

Advocates of increasing teenage driver safety point to driving programs that “Driving programs that combine education, peer-to-peer strategies, publicized enforcement, and parental monitoring may show potential for increasing teen seat belt use.” – See more at:

http://www.teendriversource.org/stats/support_teens/detail/59#sthash.0KQmDMyw.dpuf

At Slinkman, Slinkman & Wynne, P.A. we agree that driving programs that emphasize better education combined with stricter laws for those who refuse to wear seat belts could work to lower the numbers of teenager injuries and deaths in auto accidents. Ultimately, though, the greatest effect can most likely come from responsible parents, and peers who help to make wearing seat belts fashionable, and a must for all teenagers. WE applaud websites like the CDC and Teen Driver Source that are pushing every day to educate teenagers and their parents on the dangers of not wearing seat belts.

If you are injured in an auto accident because you or someone you love was not wearing a seat belt, you may have a right to bring a claim for various damages and injuries incurred. Call us at Slinkman, Slinkman & Wynne. We offer a free initial consultation, and our phone number is (561) 686-3400.

At Slinkman, Slinkman, & Wynne, we know that automobile accidents involving people not wearing their seat belts happen all of the time. If you are in an accident where someone got hurt because they were not wearing their seat belt, then you need to contact us right away. We help our clients obtain payment to cover hospital and other medical expenses, pain and suffering, and more, if the situation warrants it.

If you want to learn more about how we can help you in a situation where someone you love has been in an auto accident, then go to this page on our website: http://www.sswlawfl.com/areas-of-practice/auto-accident/. We also specialize in Slip and Fall accidents, Wrongful Death & Serious Injury, Medical Malpractice, Defective Products,  Motorcycle accidents, Boating accidents and many other types of legal situations where injury or death has occurred.

Our main offices are located in Jupiter, Florida at 1015 West Indiantown Road, Suite 101A. We service Jupiter, Palm Beach Gardens, West Palm Beach and anyone who needs help with their potential personal injury case anywhere throughout the state of Florida.

  • 1015 W. Indiantown Road, Suite 101A
  • 1015 W. Indiantown Road, Suite 101A

Steps you need to take if you are involved in a Slip & Fall accident

Wet Floor Warning

 

“Slip & Fall” accidents happen every day, particularly afflicting the elderly and others who have a hard time moving around. But it can happen to you, as well. Do you know what to do if you are a loved one gets hurt in a Slip & fall accident?

If you are involved in a slip/trip & fall accident, you should:

  • Avoid making any detailed statements concerning fault. Saying the wrong thing, or just saying too much can and will be used against you in court.
  • Make sure to get names of owners and managers of the property
  • Write down the names of witnesses; try to get their phone numbers as well.
  • If you are not incapacitated by your injuries, take good pictures of the scene and of your injuries.
  • Save the footwear and clothing you were wearing at the time of the accident.
  • Seek medical attention if injured immediately. If not immediately, then at least within 14 days, as required by current Florida Statute. Otherwise, you will not be able to seek full compensation for future medical bills, and it may cost you other compensation as well.

And

  • Do not give recorded statements to any insurance adjusters. Period. Even your own.

The liability of a premises owner or operator depends on the state and federal laws that apply to the circumstances. For example, an owner of a home or public store has a duty to warn you about any known hazards that you might encounter. Construction workers are legally obligated to warn and protect the public from hazard at their work sites. Depending on individual circumstances, all may still be liable for injuries you receive while on their premises, even if they warned you of potential injury.

To read more on what you should do if you are involved in a Slip and fall, go to: http://accident-law.freeadvice.com/accident-law/slips_falls/fall_what_to_do.htm

If you or a person you care about gets injured in a “Slip and fall” accident or you simply have a question about a potential personal injury situation, call us at Slinkman, Slinkman & Wynne, P.A. We offer a free initial consultation, and our phone number is (561) 686-3400.

At Slinkman, Slinkman, & Wynne, we know that Slip and fall accidents happen all the time. In fact, there are around 1 million Slip and fall accidents per year. If you are in an accident because of the negligence of a business, property or home owner, then you need to contact us right away. We help our clients obtain payment to cover hospital and other medical expenses, pain and suffering, and more, if the situation warrants it.

If you want to learn more about how we can help you in a situation where someone you love has been in an Slip and fall accident, then go to this page on our website: http://www.sswlawfl.com/areas-of-practice/slip-fall-accident/. We also specialize in Wrongful Death & Serious Injury, Medical Malpractice, Auto Accidents, Defective Products, and many other types of legal situations where injury or death has occurred in Jupiter and anywhere else in the state of Florida.