Personal Injury

We Handle Personal Injury Cases for Injured Victims Throughout the State of Florida

Suffering a personal injury in Florida can involve severe harm, often requiring immediate and ongoing medical treatment and mounting expenses. If the injury prevents you from working, the loss of income can deeply impact your financial stability. Your whole life can be put on hold while you address these emerging issues and try to make the right decisions. Our Florida personal injury lawyers can provide the guidance you need to seek fair and appropriate compensation for your injuries and losses.

The consequences of a personal injury extend beyond physical pain. The emotional distress caused by the accident, often referred to as pain and suffering, can deeply affect your quality of life. Severe injuries may limit your capacity to work in the future, further affecting your economic stability and your options for the future. Other potential losses might include a diminished quality of life or a loss of enjoyment in activities you once cherished.

The process to collect and preserve evidence may involve gathering medical records, accident reports, and witness testimonies. Accurately identifying all damages for which you should seek compensation is important to your future financial wellness. These damages can encompass current and future medical expenses, lost wages, pain and suffering, and more.

Our experienced attorneys can guide you through the legal process, account for the full scope of your damages, and negotiate to seek a fair settlement on your behalf. Contact our experienced personal injury attorneys at Cohen and Cohen Law today to schedule a free consultation, during which we will assess the unique details of your case and plan a strategy to seek the fair and appropriate compensation you need.

Personal Injury Practice Areas Cohen and Cohen Law Handles for Clients Throughout Florida

When it comes to personal injury accidents, there are many ways someone can become a victim. From premises liability to car accidents, and everything in between, our team at Cohen and Cohen Law has over 50 years of practice in all areas of personal injury.

We handle the following types of cases at Cohen and Cohen Law:

• Auto Accidents (Various motor vehicle types and circumstances)
• Catastrophic Injury (Serious, life-changing injuries)
• Premises Liability (Injuries on another’s property)
• Product Liability & Defective Products (Injured by a dangerous product)
• Workplace Accidents (Injured workers may have third-party injury claims)
• Train Accidents (Federal regulations strongly influence these cases)
• Wrongful Death (Seeking compensation after a fatal accident)

Each of these types of personal injury cases will present their own pertinent questions that we must address using the unique details of the events surrounding your injury. By scheduling a free initial consultation with Cohen and Cohen Law, we can assess your case situation and your options in order to devise a strategy to seek fair compensation to account for your injuries, expenses, and other losses. Contact us today to request your free case evaluation.

Auto Accidents Represent a Significant Portion of Personal Injury Claims in Florida

Different types of automobile accidents also have unique considerations:

• Car Accidents: Our experienced car accident attorneys serve clients who have suffered personal injuries  in car crashes throughout Florida. Our legal team helps car accident victims pursue personal injury claims  that can account for the injuries and losses or expenses suffered, pursuing tailored strategies specific to the details of each client’s accident.
• Trucking Accidents: These accidents often involve massive vehicles, commercial entities, and multiple insurance policies. Federal regulations governing maintenance and operation of trucks also come into play.
• Motorcycle Accidents: Florida’s no-fault insurance law does not apply to motorcycles. Injured motorcyclists can seek compensation from the at-fault party without restrictions on the type or extent of injuries.
• Bus Accidents: Claims involving buses can be complex due to potential government entity involvement and larger insurance policies. The number of potential victims also tends to be higher, which may affect the available compensation.
• Rideshare Accidents: Personal injury claims involving Uber or Lyft can be very complex, as they involve multiple parties and depend upon a number of factors that affect applicable coverage and the options available for an insurance claim. Our injury lawyers investigate and pursue the maximum compensation available under the unique circumstances of a given rideshare accident case.

The nature of the collision also impacts the case:

• Rear-End Collisions: The driver in the back is usually considered at fault, but comparative negligence can still apply.
• T-Bone Accidents: Liability often depends on right-of-way rules and witness testimonies.
• Head-On Collisions: These are often severe and require intensive investigation to determine fault.
• Rollover Accidents: Occupants of vehicles that turn over one or more times due to a collision often suffer serious injuries.
• Hit-and-Run Accidents: Drivers who leave the site of a collision without trading their information create a difficult situation for Floridians who have suffered injuries or vehicle damage due to the accident. Many wrongful death claims in Florida each year involve hit-and-run incidents. Our experienced personal injury lawyers can help you seek appropriate legal recourse.
• Distracted Driving Accidents: An increasing number of distractions cause drivers to carelessly take their attention off the road, which often leads to serious and deadly consequences.
• Drunk Driving Accidents: Unfortunately, intoxicated drivers often cause serious injuries or deaths on Florida’s roadways. The criminal case for their DUI does not compensate injury victims or their families. Our experienced personal injury attorneys at Cohen and Cohen Law can pursue recourse on your behalf through an injury claim or a wrongful death claim.

Given these complexities, it’s crucial for accident victims to have an experienced Florida personal injury lawyer assess the details of their case. The skillful auto accident attorneys at our law firm can navigate the unique aspects of your situation and work towards securing fair compensation through a personal injury claim.

Insurance Requirements for Florida Auto Accidents

Florida is a no-fault state, and drivers are consequently required to carry a minimum of $10,000 in Personal Injury Protection (PIP) insurance. This coverage pays for your medical expenses and lost wages regardless of who caused the accident. Note, however, that PIP does not cover motorcyclists or users of other self-propelled vehicles; it applies specifically to drivers of cars, vans, SUVs, and trucks.

Modified Comparative Negligence is Now The Rule in Florida

Florida follows a modified comparative negligence rule, where the compensation you might have claimed can be reduced by your percentage of fault in the accident. If you are over 50% at fault for the accident, you would be barred from seeking any recovery. Discuss the details surrounding the auto accident with your attorney to assess the strength of your case.

Bicycle Accidents and Pedestrian Accidents in Florida

Bicycle accident claims and pedestrian accident claims in Florida have unique considerations, as compared to auto accident cases:

• Insurance Coverage: In Florida, auto insurance covers both bicycle and pedestrian accidents when a vehicle is involved. This means that injured cyclists or pedestrians may seek compensation under the at-fault driver’s insurance policy.
• Severity of Injuries: Cyclists and pedestrians are more vulnerable and tend to suffer more severe injuries in collisions compared to vehicle occupants. This can lead to higher medical costs and potentially larger settlements.
• Comparative Negligence: Florida’s comparative negligence rule applies to bicycle and pedestrian accidents, meaning that compensation may be reduced if the cyclist or pedestrian is found to be partly at fault for the accident.
• Statute of Limitations: The statute of limitations for personal injury cases in Florida is two years from the date of the injury.

Given these differences, victims of bicycle or pedestrian accidents should consider consulting with an experienced Florida personal injury attorney to help navigate the legal process and secure fair compensation.

Train Accidents Are Quite Distinct from Motor Vehicle Accidents

Train accident cases in Florida have several key considerations:

• Negligence Claims: Many train accidents are due to negligence, such as conductor error, miscommunication among engineers, or failure to maintain tracks and equipment. Victims can file a negligence lawsuit against the railroad company.
• Strict Liability: Train companies are held to a high standard of care due to the inherent risks associated with train travel. They can be held strictly liable for accidents, regardless of whether they were negligent.
• Investigation Requirements: Determining liability in train accidents often requires a thorough investigation. This may include examining maintenance records, employee conduct, and other factors.
• Federal Laws: Train accidents often fall under federal jurisdiction due to the interstate nature of many railroads. The Federal Railroad Administration oversees safety regulations that railroads must follow.
• Punitive Damages: In some cases, courts may award punitive damages to punish individuals or entities for their behavior.

Our Florida personal injury lawyers are experienced in cases involving train accidents and related injuries. We can guide you through the legal process and ensure your rights are protected.

Catastrophic Injury Claims — Severe Injuries Caused by Another Person’s Carelessness in Florida

Catastrophic injury cases in Florida involve significant and life-altering injuries, including amputation, burn injuries, spinal injuries, and brain injuries. These injuries often lead to long-lasting or permanent impairment, disability, disfigurement, or scarring.

• Amputation: An amputee might need prosthetics, ongoing physical therapy, and modifications to their home and vehicle. They may also experience psychological trauma and decreased quality of life.
• Burn Injuries: Severe burns can lead to extensive medical treatment, including surgeries, skin grafts, and rehabilitation. Victims may also suffer from emotional distress and permanent disfigurement.
• Spinal Cord Injuries: These can lead to paralysis, requiring lifelong medical care, assistive devices, and home modifications. Victims often cannot return to their previous work, leading to lost earnings.
• Brain Injuries: Traumatic brain injuries (TBI) can affect cognitive function, memory, and personality. Victims may need ongoing therapy and assistance with daily activities.

In Florida, victims of catastrophic injuries can seek compensation for both economic and non-economic damages. Economic damages cover medical bills, lost wages, and costs for therapy and rehabilitation. Non-economic damages account for pain and suffering, emotional distress, and decreased quality of life.

Given the severe and long-term impacts of a serious injury, it’s crucial for victims to seek appropriate compensation through legal recourse. A Florida personal injury law attorney experienced in catastrophic injuries can protect victims’ rights while pursuing appropriate compensation.

Premises Liability Cases — Injured on Someone Else’s Property

Premises liability in Florida revolves around the duty of property owners to maintain reasonably safe conditions. If an injury occurs due to a property owner’s negligence, they may be held liable.

• Condominium Association or HOA Accident: Condo associations or Homeowners Associations (HOAs) have a duty to maintain common areas. If an injury occurs due to poor maintenance or safety issues, the association could be liable.
• Construction Site Accident: Construction site owners and operators must ensure safety standards are met. If there’s an accident due to negligence, they can be held responsible.
• Elevator Injury: Building owners are responsible for regular elevator inspections and maintenance. If an injury occurs due to their negligence, they can be held liable.
• Negligent Security: Property owners must provide adequate security. If a crime occurs due to insufficient security, the owner may be held liable.
• Slip and Fall: Property owners can be held liable if a person slips and falls due to unsafe conditions while visiting a property.
• Swimming Pool Accident: Owners of both private and public pools must ensure safety measures such as fencing and signage. If these are not followed, they can be held liable for accidents.
• Store Injury: Store owners are obligated to keep aisles clear and floors dry. If an injury occurs due to negligence, they can be held liable.

In all these cases, victims should consult with a Florida personal injury attorney to help navigate the legal process and seek fair compensation.

Workplace Accidents — You May Have Multiple Claims if You Were Injured at Work in Florida

An injury victim who has suffered injury through a workplace accident in Florida needs to take some important steps to protect their case and their health. Additionally, it is possible that more than one type of claim may be needed to pursue the compensation you may be able to seek.

Reporting the injury is an important step. The injured worker should report the accident to their employer as soon as possible, and no later than 30 days from the date the accident occurs. It’s crucial for the injured worker to follow through on medical treatment after a work injury.

Workers’ Compensation Claim Benefits are Limited

In Florida, workers’ compensation provides benefits for work-related injuries regardless of fault. It can cover medical expenses and a portion of lost wages. For workers’ compensation, it’s not necessary to prove negligence; however, the cause of injury needs to be work-related.

Third-Party Injury Cases May Account for a Broader Range of Damages Following a Work Injury

If a third party (not the employer) is responsible for the accident, the injured worker might have a separate third-party personal injury claim in addition to workers’ compensation. In this case, the injured worker must prove that the third party was negligent and that their negligence caused the injury.

Our Florida personal injury lawyers have extensive experience in evaluating accident victims’ workplace injuries to identify the appropriate paths for seeking compensation under different circumstances.

Product Liability & Defective Product

In Florida, an individual who has suffered injury due to a dangerous or defective product may have a product liability claim. These claims can arise from manufacturing defects, design defects, or failure to provide adequate warnings.

Some example product injury scenarios include the following:

• Defective Medical Devices: This includes faulty implants, prosthetics, or medication pumps which could lead to severe health complications.
• Faulty Automobile Parts: Defective airbags, brakes, or tires can cause serious car accidents.
• Dangerous Children’s Toys: Toys with small parts or toxic materials can pose choking hazards or poisoning risks.
• Hazardous Household Products: Faulty appliances can cause fires or electrocution.

Product injury victims and their attorneys must demonstrate the following:

• Proof of Defect: The victim must prove that the product was defective and unreasonably dangerous. The defect could be due to manufacture, design, or failure to properly warn or market proper use of the product.
• Causation: It needs to be demonstrated that the product’s defect directly caused the injury.
• Damages: The victim must show they suffered actual harm(s), which can be physical, emotional, and/or financial.

Victims injured by a product in Florida should consult with a Florida product liability attorney as soon as possible after the injury. An experienced attorney  at Cohen and Cohen Law can help you navigate the complex legal process and fight for fair compensation.

Wrongful Death Claims Following Fatal Injuries Caused by Another’s Negligence in Florida

In Florida, a wrongful death claim arises when a person dies due to the negligence or wrongful act of another party. According to the Florida Wrongful Death Act, the claim must be filed by the personal representative of the deceased’s estate, who is typically named in the will. If a personal representative is not named, the court will appoint one.

The personal representative files the claim on behalf of the surviving family members. This generally includes the deceased’s spouse, children, parents, and any blood relative or adoptive sibling who was partly or wholly dependent on the decedent for support or services. The personal representative coordinates with the estate, ensuring that any damages awarded are properly distributed among the surviving family members as per Florida law.

To successfully pursue a wrongful death claim, it must be proven that the defendant’s negligence or wrongful act caused the victim’s death and led to damages. In Florida, the statute of limitations for filing a wrongful death claim is generally two years from the date of death.

How a Personal Injury Attorney Can Help if You Were Injured in Florida

An experienced personal injury lawyer at Cohen and Cohen Law can provide you numerous benefits if you are an injury victim in Florida:

• Seek Fair Compensation: A Florida personal injury lawyer from our law firm can pursue fair compensation for your pain and suffering, loss of income, and medical expenses.
• Negotiation Skills: Your injury attorney can handle negotiations with insurance companies or other parties involved.
• Focus on Recovery: Working with a skilled personal injury lawyer allows you to focus on their health and recovery while your attorney handles legal matters.
• Navigating Complexities: Dealing with the aftermath of an accident can be difficult. Our Florida personal injury lawyers can help you navigate the physical, mental, and financial implications of an injury.
• Strategize to Pursue Maximum Settlements: An experienced personal injury lawyer can thoroughly assess your damages, seek supporting evidence, and pursue concerted tactics and strategies towards maximizing settlement amounts to aid in your recovery.

At Cohen and Cohen Law, we invite you to schedule a free consultation, during which we will assess your case and strategize a plan for you to pursue your claim going forward.

What to Expect During Your Personal Injury Case

It is important to understand the basic steps of a Florida personal injury case in order to coordinate effectively with your attorney.

Step One: First Interview

During our initial meeting, we will gather all the important information about the accident, including how it happened and what injuries you have suffered because of it. We will open a file in your name and our trained, professional team of legal technicians will prepare your case. They will take care of notifying all appropriate parties of the claim.

While your case is being evaluated, our team will be with you every step of the way, advising and supporting you.

Step Two: Gathering Information

After your attorney has reviewed all the liability issues, they will gather necessary medical documents, records, x-rays, and test findings from your physicians, hospitals, and other providers.

Sometimes your treating physician will not write an opinion report of your injury until they have treated and examined you a certain number of times. If there are any unusual delays, we will advise you regarding what you should do in the meantime.

Step Three: Reaching a Settlement or Pursuing a Lawsuit

Early on, we will contact your insurance company to discuss a possible settlement of your case before any lawsuit is filed. Before insurance companies settle cases, however, they want to see all appropriate medical documents, information on lost wages, damages to personal property, other expenses, and any other relevant information (including possible future losses).

Insurance companies will not settle a case until they are convinced they have a legal duty to compensate you, so appropriate documentation is critical. Your attorney will prepare a settlement demand letter with all relevant enclosures and deliver it to the insurance company. They will then review the documents and determine whether to offer you a settlement. If they don’t, we will guide you through pursuing a personal injury lawsuit. Our trial lawyers are prepared to represent you in court, if necessary.

Schedule a Free Consultation with Cohen and Cohen Law to Evaluate Your Florida Personal Injury Case and Plan Your Strategy To Seek Recovery

Accidents occur every day when someone is not doing their due diligence to stay safe, and this unfortunately often leads to serious injuries. If you have been injured due to someone else’s negligence in Florida, it is important to work with experienced Florida injury attorneys who will fight for you to seek the compensation you need in order to support your recovery and account for your injuries and losses. At Cohen and Cohen Law, we have spent over 50 years helping Floridians recover financially, physically, and emotionally from incidents in which they were carelessly harmed by the actions of another.

Contact us today to schedule your free initial consultation with a Florida injury attorney at Cohen and Cohen Law by calling (800) 332-6436(800) 332-6436 or by filling out our online form. You will retain access to your lawyer via their cell phone number. When you work with us, you will be treated like family.

During the first call, we will gather the important details of your case and guide you regarding the right way to proceed. This first meeting is always free, with no obligation or pressure. We work on a contingency fee basis, so there is no fee unless we win.

Experience Matters — Serving Florida for Over 50 Years

Frequently-Asked Questions Regarding Personal Injury Cases in Florida

How do I know if I have a personal injury case in Florida?

To have a personal injury case, you must prove that another person’s negligence caused your injuries. An attorney can help you determine if you have a viable claim.

What should I do after an accident in Florida?

After an accident, it’s crucial to seek medical attention, report the incident, gather evidence if possible, and contact a personal injury lawyer.

What should I avoid doing after a personal injury in Florida?

Avoid discussing the accident on social media, signing any documents from insurance companies without legal advice, or waiting too long to seek medical treatment or legal advice.

What types of damages are recoverable in a personal injury case in Florida?

Recoverable damages can include medical bills, lost wages, pain and suffering, and in some cases, punitive damages. Each case is unique, and it is important to work with an experienced Florida personal injury lawyer to assess the scope of your past, present, and projected damages due to the accident.

How long do I have to file a personal injury claim in Florida?

In Florida, the statute of limitations for personal injury cases is generally two years from the date of the accident.

Can I still recover damages if I was partially at fault for my injuries?

Under Florida’s modified comparative negligence law, you can still recover damages if you were partially at fault, but your damages will be reduced by your percentage of fault. However, you would not be able to recover damages if you are determined to be over 50% at fault for your injuries.

Will my Florida personal injury case go to trial?

The majority of personal injury cases settle out of court, but if a fair agreement cannot be reached, your case may go to trial.