A: A fall in a store is an area of law known as premises liability. The store or person in control of the premises is responsible for the fall if their negligence in some way caused the fall. The mere fact that the fall occurred there is not sufficient. The law requires that the store be responsible if, through one of its employees, the store caused the hazard which resulted in the fall or, if the hazard was caused by someone else, that the hazard was there long enough that the store should have found it and corrected it before the fall occurred.
A: A “defective product” is a product that causes some injury or harm as a result of a defect in the way the product was manufactured, labeled or used. A person who is harmed by a defective product may seek compensation from the manufacturer. They may also seek compensation from those who were involved in the chain of commerce as well.
The injuries sustained from a defective product may be very clear, such as a wreck caused by faulty brakes, or less clear, such as harmful side effects that onset many years after taking an improperly tested prescription drug.
A: If you slip and fall in a store, you may have a case. It all depends upon the details of the situation. In order to receive compensation for your injuries in a West Palm Beach slip and fall accident, you must prove that the store was negligent.
An example of negligence would be if there was a spill in the store that the staff knew about, but there was no effort to clean it up and no signage indicating the presence of liquid on the floor.
If another customer dropped a gallon of milk and you immediately slipped and fell in it, you would not have a very good case. This is because there is not much the store could have done to prevent you from falling since they were unaware of the situation.
Another example of negligence could occur after the spillage. If an employee mopped up the spilled milk, but failed to place a “wet floor” sign, this would constitute negligence on the store’s part.
Overall, the answer to this question depends heavily upon how long the floor was wet, whether the staff was aware of the situation and how the situation was handled.
If you were injured in a Florida slip and fall accident, contact a West Palm Beach injury attorney at Fetterman & Associates. We will meet with you for a free consultation to determine if you have a personal injury case.
A: Adding a new member to your family should be a joyous time–full of nothing but celebration and happiness. However due to the high speeds and confusion of birthing facilities, there are many circumstances where errors in judgment on the part of medical staff could affect the health and well being of your little one for life.
Cesarean-sections (C-section) are among the most commonly performed surgeries in the U.S., and must be performed extremely rapidly after the need has been clearly established. When an obstetrician fails to perform a timely C-section, the damage can be extensive—and in some cases, permanent.
Because standards for medical malpractice vary by jurisdiction, it is important to contact a local authority on the subject if you if you or a loved one has experienced medical malpractice in West Palm Beach.
A: Establishing your Port St. Lucie railroad injury case is no simple task—namely due to the number of variables and factors that must be considered.
However, the number one cause of most train accidents is human error; if the accident was due to negligence on the part of the operator, you could be due compensation. If you or anyone you know has been injured due to a serious accident related to train crossings, it is imperative to contact an experienced Port St. Lucie personal injury attorney.
Dealing with a serious Florida train crossing accident can be a drain on your time and finances. If you or your family have fallen victim to a serious Florida train crossing accident, contact a Port St. Lucie personal injury attorney from Fetterman & Associates at 561-845-2510.
A: Business owners may not always be liable for crimes occurring on their property. However, if there are patterns of crimes or danger on or near their property, they are obligated to enact safety measures.
In the state of Florida, business owners have a legal obligation to instate reasonable security measures to prevent danger to anyone on their property; failure to do so is known as security negligence.
If you or a loved one has been the victim of a violent crime or experienced losses, death or injury due to security negligence in Florida, it is important to contact an experienced West Palm Beach injury attorney.
If you have been the victim of a violent crime due to security negligence, be sure to get the information you need and make sure your rights are protected.
A: There are numerous factors involved in serious bicycle accidents; however, due to size differential and visibility difficulties, serious bicycle accidents are often due to motorists unaware of cyclists or driver negligence. Cyclists are also likely to sustain more serious injuries, such as head traumas, due to bicycle accidents.
Even though cyclists are likely to sustain traumatic injuries from bicycle accidents, settlement rates for cyclists are typically much lower from insurance companies. Recent studies show that compensation for the same type of injuries suffered in car accidents were 30% to 40% higher than settlements for cyclists suffering the same serious injuries.
If your bicycle accident was due to the negligence or careless driving of another individual, you are entitled to compensation for your pain, suffering, medical and other costs. If you or a loved one has experienced injuries related to a serious bicycle accident, it is important to contact an experienced West Palm Beach accident attorney. They will help identify the best course of action to protect your rights.
Don’t deal with a serious West Palm Beach bicycle accident alone. Fighting insurance companies for personal injury claims related to bicycle accidents can be very difficult—resulting in lost time, frustration, and possibly a loss in compensation. If you or your family has experienced a serious bicycle accident, contact Fetterman & Associates at 561-845-2510.
A: Partial or total paralysis of the lower extremities called paraplegia frequently occurs due to a traumatic spinal cord injury. These injuries are frequently sustained during instances where a sudden force or impact occurs, such as a car accident. There are about 10,000 new spinal cord injuries in the United States every year.
If you or someone you know has been involved in a serious accident in Florida, contact an experienced West Palm Beach personal injury attorney. Our dedicated legal professionals understand the financial burdens that accompany a prognosis of paraplegia, such as home adjustments and expensive, ongoing medical bills. They will help to protect your rights as a victim and get the financial relief you deserve.
In a car accident, liability for pain, suffering, physical and mental damage, lost wages and medical bills may be assigned to multiple parties.
For example: if you were in a serious car accident and the other driver was convicted of DUI, the other driver (or his or her insurance company), the establishment that sold the driver the alcohol, and the manufacturers might all be pursued for compensation.
The factors involved in personal injury cases and car accidents may be extremely complex; proving your case can be even more so. Without the right knowledge, expertise and knowhow behind your efforts, you may literally be walking away from money that is yours by right.
Don’t deal with a serious West Palm Beach accident resulting in paraplegia alone
A: Definitely. Due to the high rate of misdiagnosis in hospitals, medical staff will often keep you “in the dark” if they realized they have made a mistake. They may try to convince you that such errors are common, and while this may be true, it does not excuse the suffering you endured from their mistake.
An experienced West Palm Beach personal injury attorney can get access to records, timelines, and diagnostic tests to prove that your care was not handled properly. The hospital may try to cover up its mistake, or avoid your attempts to get information-but they cannot ignore a call from an attorney.
Getting advice from an attorney makes sense-especially when the right West Palm Beach medical malpractice attorney won’t charge you for your consultation, and won’t charge any legal fees until you win a settlement in your case. When you’re in pain and legal help is free, why shouldn’t you ask for it?
If a physician put you at risk due to their negligence, Fetterman & Associates could win you compensation for your suffering. Call our offices today at 561-845-2510.
A: West Palm Beach bicycle accidents are a common occurrence; they can cause serious injuries as a result—including head injuries. According to the center for disease control and prevention, upwards of 500,000 people in the United States are treated in the emergency room due to bicycle-related injuries. Perhaps even more shockingly: more than 700 people die due to this fun, exercise-oriented hobby each year.
If you or a loved one has experienced injuries related to a serious bicycle accident, it is important to contact an experienced West Palm Beach accident attorney.
Injuries due to bicycle accidents can be caused by a variety of factors; however, most cases involve drivers who did not see or were not aware of the cyclist. Due to the sheer size of a car and the vulnerable nature of those on bicycles, it is more than advisable to take advantage of every safety feature available.
According to recent statistics released by Safe Kids USA, Bicycle helmets have been shown to reduce the risk of head injury by as much as 75 percent while offering substantial protection to the face and forehead. In addition, brain injury may be reduced by as much as 88 percent with proper bicycle helmet use.
Currently, 21 states as well as the District of Columbia have enacted some form of bicycle helmet legislation.
If your bicycle accident was due to the negligence or careless driving of another individual, you could be entitled to compensation.
If you or your family has experienced a serious bicycle accident, contact Fetterman & Associates at 561-845-2510.
A: We put a lot of trust into our doctors. Unfortunately, doctors can make mistakes – and those mistakes can put your health at risk. So how can you tell if your doctor is guilty of medical malpractice?
Patients are often confused, scared or shocked after a diagnosis. Your doctor should prompt you for questions on your condition and your treatment to make sure you are fully aware of your situation and the risks of your continuing care.
When you asked your caregivers about your condition, did they answer you completely? Were you informed of all types of treatment, as well as other possible diagnoses? Did they answer all of your questions patiently, rather than being dismissive or disrespectful?
If your condition was misdiagnosed, then the course of treatment you have been prescribed could be ineffective. If your condition does not get better–or gets worse–after treatment begins, your doctor should actively re-evaluate both your diagnosis and treatment and keep you constantly informed while doing so.
If you received treatment, a medical procedure or a new prescription, your doctor should contact you within days to check up on your condition. Failure to do so is negligence on his part, as it indicates that he is not invested in your care. If your doctor failed to perform his duty, he may be guilty of negligence. For a free consultation on your case, Call Florida medical malpractice attorney at 561-845-2510 today at Fetterman & Associates.
A: There is no “typical” settlement amount for a personal injury case. The reasonable amount for settlement is determined by a number of factors which are unique to each injured person. These factors include: the amount of reasonable and necessary medical bills; the amount of any wage loss caused by the injuries; the nature and extent of the injuries; whether the injuries are permanent; and the probable need/cost of additional and necessary medical treatment in the future. Although there is no set amount, an experienced personal injury lawyer will be able to advise what would be a reasonable settlement once those factors are known.
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