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Negligence: the failure to use reasonable care.
Most accident and personal injury claims do not invlove the use of an automobile. These types of cases make up the practice we call “Personal Injury.” Essentially, personal injury cases involve a person injured by the negligence of another party, usually a business of some sort. Personal inury claims include:
- Slip and Falls
- Premise Liability
- Negligent Security
- Dog Bites
- Faulty or Defective Consumer Products
Common Personal Injury Wrongdoers Include:
- Wal-Mart
- Sam’s Club
- Home Depo
- Lowe’s
- Dillards
- Publix
Businesses such as these are often responsible for injuries suffered by patrons of their establishments. Unfortunately, these businesses rarely accept responsibility for their negligence and wrongdoing. They will typically respond to an injured party by offering them very little compensation for their injuries, no matter how severe, or totally ignoring them and forcing the injured party to sue.
Certain types of accidents or injury cases are closely akin to pesonal injury claims, but have a special set of laws that govern them. An example would be worker’s compensation cliams. The types of personal injury claims are too numerous to list. However, most personal injury claims involve accident or injuries caused by the negligent or intentional conduct of a person or company. Negligence is defined as a failure to use reasonable care. In other words doing something a reasonably careful person would not do or failing to do something a reasonably careful person would do.
In a personal injury claim, a person may recover economic damages, including past and future medical expenses, as well as past and future lost wages. In addition, an injured individual may also recover non-economic damages such as pain and suffering, disfigurement, disability and loss of enjoyment of life. The spouse of an injured individual may also recover for his or her own losses, referred to as a claim for the loss of consortium. If the claim is for the death of an individual, the Florida Legislature has established who may make a claim for that wrongful death and what damages each person may claim.
As a general rule, personal injury claims usually take longer to conclude, prove to be more difficult, and more costly to pursue. This is largely due to the fact that many personal injury claims may not have adequate insurance benfits. Additionally, the issue of “liability” is disputed in many personal injury claims, unlike auto accident claims where liability is not in dispute. As a result, in most instances, the at-fault party and their insurance company usually claim ‘innocence.’ Our law firm reviews each personal injury claim claim on a case-by-case basis to determine the best course of action for your particular claim.
Sam’s Club (for example) called and wants to settle. Why should I hire a lawyer?
If you are lucky enough to get a call from one of these major businesses after you are hurt on their premises tread very carefully. Rest assured, that these companies do not make billions of dollars every year by helping consumers. Their formula is very simple. Less money for you = more money for them. We have handled cases where major companies, like those previously mentioned, have tried to offer injured parties a quick $1,000 for settlement while they are still in the hospital. In one specific instance, our client turned them down, hired our firm and eventually had to have three major spinal operations as a result of their negligence. His case was worth 100 times more then their offer. They knew it and that is why they went to the hospital to try to get him to sign. Always speak with an attorney before you do
anything. You will come out better in the end.
I slipped in the aisle at Wal-Mart (for example), what should I do?
First, call 911 if you are badly injured. Second, ask for assistance specifically from mangement. Third, insist that a report of the events are taken. Fourth, if their is an obvious reason for the injur (i.e., soap on the floor, defective shelves) insist that it is noted in the report. Fifth, hire an attorney immediately so they may inquire as to the existence of a video. Often times, companies will ‘lose’ vidoes rather then turn them over to a lawyer.
Should I settle or sue?
This question is usually answered early in the process. Most big companies are not willing to offer reasonable settlements short of a lawsuit under any circumstances. Their logic is that they have the money and time to wear you out during the litigation process. Our experience has taught us that the only way to fight a bully is to punch them in the nose.
STAMATAKIS + THALJI Consumer Justice Attorneys
Personal Injury Claims feel like fighting the Schoolyard Bully
Contact STAMATAKIS + THALJI for your FREE Consultation
“There is no greater nightmare then for a consumer then to be injured while shopping at Wal-Mart, Sam’s Club, Home Depot, Walgreens, or other large corporate stores. Not only do these companies always refuse to acknowledge their negligence or pay for the medical bills, they prefer a law suit then a reasonable settlement. A real personal injury attorney must be ready to fight agressively in and out of court to recover on your behalf.” — Sami Thalji, Managing Partner, STAMATAKIS + THALJI.