Practice Areas

Knowledgeable Pembroke Pines Attorneys Helping Accident Victims

If you have been hurt in an accident or lost a loved one due to someone else’s carelessness, you have rights to assert. It is very important that you seek legal representation with regard to a potential claim. Each case is unique and highly dependent on its individual facts. The capable Pembroke Pines personal injury lawyers at Cohn & Smith can help you investigate your case and devise a strategy to pursue maximum compensation from any party that was responsible for causing your harm.

Motor Vehicle Accidents

Most car, truck, and motorcycle crashes occur because a driver failed to use the appropriate care behind the wheel. Thus, they may give rise to a personal injury claim based on negligence. The plaintiff in these cases must establish the four elements of negligence by a preponderance of the evidence. These consist of the defendant’s duty of care toward the plaintiff, the defendant’s breach of that duty, causation, and actual damages. Drivers may breach their duty to drive with reasonable care in many ways, including texting behind the wheel, driving while intoxicated, excessively speeding, or failing to yield at an intersection. The victim would need to show that he or she was hurt as a direct result of the defendant’s traffic violation or other careless conduct. The accident also must have been reasonably foreseeable under the circumstances.

Premises Liability

Slip and fall accidents and other harmful events on someone else’s property may give rise to premises liability claims. These also are based on a theory of negligence, but the duty owed by the property owner may vary according to the status of the plaintiff with regard to his or her right to be on the property where the accident happened. The highest duty of care is owed to business invitees, such as a shopper at a grocery store or a patron at a restaurant. The lowest duty is owed to a trespasser, a person who had no legal right to be on the property, except in some situations involving children. In some cases, as in other personal injury claims, the defendant may argue that the victim’s own carelessness contributed to the accident. However, this comparative negligence argument may only reduce rather than eliminate the victim’s compensation, unless the victim was entirely responsible.

Medical Malpractice

Medical malpractice cases are more complicated personal injury claims that require expert testimony regarding the plaintiff’s injuries and the standard of care that the defendant health care provider owed the plaintiff, as well as how this duty was breached. The standard of care is specifically defined as what a competent medical professional in the same specialty would have done when treating a patient with the same characteristics. These cases often arise in situations involving a delayed or inaccurate diagnosis, a surgical or anesthesia error, an emergency room mistake, or an incorrect prescription, among others.

Product Liability

Product liability claims are different from many personal injury cases in that they may be based on a theory of strict liability rather than negligence. This means that the plaintiff needs to show only that the product was defective and that he or she was hurt as a result, rather than that the defendant acted carelessly. These claims may arise from a manufacturing defect, a design defect, a failure to warn, or a breach of warranty. It is important to determine all of the possible defendants in a product liability case, since many different parties in the supply chain can potentially be held liable. These include not only the manufacturer but also the wholesaler, the retailer, and even the marketer or advertiser in some instances.

Workplace Accidents

In most situations, an accident on the job results in a workers’ compensation claim for benefits from the employer’s insurer. This is usually an injured employee’s exclusive remedy against the employer, and it is a no-fault insurance system that provides medical and wage benefits based on the extent and expected duration of the employee’s disability. However, sometimes a third party other than the employer contributes to a workplace accident. When this happens, the injured employee may be able to bring a personal injury claim against the third party, seeking a broader range of damages than what is available through the workers’ compensation system.

Catastrophic Injuries

A car crash, a slip and fall, an encounter with a defective product, or another type of accident may result in devastating injuries that alter a victim’s life forever, such as paralysis, severe burns, the loss of a limb, brain trauma, or spinal cord injuries. Many forms of economic and non-economic damages may be available for injured individuals and their families in this situation. Compensation may cover not only medical expenses, lost wages, lost future earning capacity, the costs of future treatment, and household services but also more subjective forms of harm, such as pain and suffering, emotional distress, and scarring and disfigurement.

Wrongful Death

In especially tragic accidents, a victim needlessly loses his or her life. The bereaved family members have the right to bring a wrongful death claim to hold accountable any person or entity that was responsible. They may be able to obtain compensation for the costs associated with their loved one’s passing, such as medical and funeral costs, as well as the financial and emotional harm caused by the loss of this person’s companionship, support, consortium, and guidance in their lives. Wrongful death claims, like other personal injury cases, are governed by a strict statute of limitations, so it is important to take action without delay to preserve your rights.

Contact a Personal Injury Lawyer in the Pembroke Pines Area

Suffering serious injuries or losing a loved one in a fatal accident is very challenging for a family physically, emotionally, and financially. Enlisting an attorney who is experienced in personal injury cases can make all the difference in not only the ultimate outcome but also the stress that the family experiences. To talk to a Pembroke Pines personal injury attorney, call Cohn & Smith today at (954) 431-8100 or contact us online to set up a free consultation. We represent many South Florida residents who need a car accident attorney or assistance with another type of personal injury claim, including people in Fort Lauderdale, Davie, Hollywood, Weston, Tamarac, Coral Springs, Sunrise, Pompano Beach, Aventura, and communities throughout North Dade County.