When To Hire a Car Accident Lawyer

Many people who are involved in a car accident are not sure whether they need to hire an attorney or if they can handle the claim on their own. After all, isn’t that what the insurance company is for? Although less serious car accidents are generally easy to handle, more serious accidents may require legal assistance. Car accidents often result in serious injuries and extensive property damage, and although Florida law allows victims to recover financial compensation, the injured party must prove that the accident was a result of another persons negligence.

Other aspects of a car accident that may determine whether you need to hire a car accident lawyer are the insurance companies involved, severity of injuries and damages and lost wages. Occasionally insurance companies deny claims for no good reason or attempt to give us the run around, not allowing those involved in the accident to receive compensation. In this case, hiring an attorney may be necessary to ensure that your claim be approved and you are compensated appropriately. Accidents that involve serious injuries and tremendous damages may require an attorney to make sure that insurance companies are not underpaying you for your medical bills, lost wages and damages.

If you or someone you know has been involved in a car accident call 1-833-DARFOOR to speak with our experienced automobile accident lawyer, Kweku Darfoor, for a free consultation regarding your case.

Child Injuries

Children are precious and we hate to think of a child being injured, although their young age and lack of knowledge makes them susceptible to injury. Although most children handle small cuts and bruises throughout their childhood, serious injuries can be traumatizing and have a tremendous affect on a child’s life. Children suffer injuries from falls, mistreatment, car accidents, playgrounds and drownings, which is the number one cause of fatal injuries in small children. Injuries can also be caused by products, especially toys, that are defective or negligently designed.

Depending on the cause of a child’s injury, the child’s family may be able to take legal action. If a child suffers injury as a result of someone else’s negligence, the family may file a lawsuit against the party that caused the injury, such as the at-fault driver in a car accident or the manufacturer of a defective toy. Child injuries obtained on property belonging to others may result in the property owner being held liable for the injuries, as they owe a duty of care to those on their property. Attractive nuisance doctrine also holds property owners liable for injuries sustained by children on their premises, even if their presence is without consent, if it is caused by an object on the property that is likely to attract children, such as playgrounds and pools.

Recovering from an injury can be tough as an adult, and even more difficult for children. If your child has been injured due to another party’s negligence contact personal injury attorney Kweku Darfoor at 1-833-DARFOOR for a free evaluation.

Burn Injuries

Burn injuries can be one of the most painful and devastating injuries to sustain. These injuries are quite often the result of someone else’s negligence and can impact a life tremendously. In addition to being extremely painful, burn injuries may require extensive medical care and treatment. Although burns can be minor and victims may recover quickly, severe burns leave permanent damage to skin and tissues, possibly limiting the range of limbs and the body’s ability to move.

Burn injuries are classified by “degrees” based on the severity of the burn and the amount of damage. The three types of burns are; first degree, second degree and third degree. First degree burns are those that only reach the top layer of skin and are the least severe. Although painful, first degree burns typically heal themselves within a few days without scarring. Second degree burns reach past the first layer of skin and produce blisters and fluids. Second degree burns can take weeks to heal and generally cause color change in skin or scarring. The most severe type of burn is a third degree burn. Third degree burns extend below both layers of skin, damaging nerves and blood vessels and vary in color (white, red, brown and black). A third degree burn requires specialized treatment by a burn specialist and may require surgery.

Experiencing a burn injury can be very traumatic and life changing, especially if the burn was caused by another party and could have been prevented. If you were involved in an incident that resulted in burn injuries, call 1-833-DARFOOR for a free case consultation with an experienced personal injury lawyer.

Injuries Sustained at Hotels and Resorts

Florida is an ideal destination for many tourists, with beautiful beaches, plenty of activities and great restaurants. Many visitors choose to stay at local resorts or hotels, which provide all elements of a great vacation in one convenient location. Hotel and resort guests plan stays at these facilities expecting that they have been inspected and are reasonably safe from dangers on the premises, including attractions and transportation provided by the hotel or resort. If dangers or hazards are present and known to the facility, there is a legal duty to warn guests of dangerous conditions. Common types of hotel and resort accidents include:

  • Swimming accidents
  • Water sport accidents
  • Fitness center injuries
  • Slip and fall accidents
  • Food poisoning
  • Elevator/escalator accidents

When hotel and resort owners breach this duty of care, they may be held liable for injuries and damages that occur on their premises as a result. Those injured due to a hotel or resorts negligence in maintaining the premises have the right to pursue a resort tort lawsuit against the facilities owners. Premises liability cases require the injured party to prove negligence by demonstrating that the property owner owed a duty of care to them and that the owners breach of this duty resulted in injuries or damages.

If you or someone you know has sustained personal injuries at a Florida hotel or resort, you may be entitled to compensation under Florida law. Contact the injury lawyers of Darfoor Law Firm at 1-833-DARFOOR for a free consultation. Our Florida personal injury attorney can help investigate your claim and may be able to assist with obtaining compensation for your injuries.

Have you ever been injured as a result of the negligence of a facility? If so, please leave a comment on our Facebook page. We look forward to hearing from you.

Injuries Sustained at Theme Parks

Theme parks admit thousands of guests every year, including groups of children on school trips and families. Guests visit the parks in hopes of having new experiences and a great time. Unfortunately, occasional accidents occur at theme parks, leaving guests injured. Most injuries obtained at theme parks occur on park rides and water slides. The most common injuries sustained as a result of a theme park accident include injuries from rough rides, falling from rides and drowning on water rides.

According to the Consumer Product Safety Commission, some of the many contributors to theme park injuries are mechanical failure, improper operation and passenger misuse. Injuries also occur as a result of rough rides or rides that travel at great speeds. In addition to injured obtained by park rides, patrons may also suffer injuries such as slip and falls, food poisoning, drowning and violent acts due to inadequate security. Many accidents occur because a party was negligent, in which injured victims have the right to recover by filing a premises liability claim against the park owner. Those injured at theme parks may also take legal action for negligence or product liability depending on the cause of the injury. If the accident is a result of a structural defect, the injured party may have the option to pursue a product liability claim against the manufacturer of the ride.

Handling a premises liability claim against a theme park on your own is very difficult. Park owners are aware of the numerous risks associated with theme parks and have insurance companies and legal teams to defend them against personal injury liability. Therefore, it is wise to seek representation in this situation. Contact a Broward personal injury attorney at 1-833-DARFOOR for a free consultation if you have been injured at a theme park. We are experienced in dealing with large companies and their insurance companies, and want to get you the compensation you deserve.

The Severity of Whiplash Injury

Whiplash injuries are common in car accidents and range from minimal to severe. The severity of a whiplash injury is dependent on many factors, such as age, physical condition, speed and direction of vehicles and body position at impact. Mild cases of whiplash do not typically limit normal movement or accompany any sprained ligaments. However, in some cases, forces may be significant enough to damage spinal discs. In addition, muscle and ligament damage may occur. Physical damages are often accompanied by muscle weakness, loss of sensation and decrease in reflexes. The most sever form of whiplash injury may include dislocated or fractured vertebrae, muscles tearing from the bone, nerve damage, concussions and internal bleeding.

Untreated whiplash injuries can have serious consequences. In addition to chronic pain and headaches caused by damaged areas in the neck, untreated whiplash may cause neck stiffness and reduced range of movement. Without treatment, conditions can end up being long term or permanent. Whiplash cases involving a concussion can be especially dangerous, and left untreated can cause headaches, disability, coma or death. Although these cases are rare, an untreated concussion increases the likelihood of complications if there is a second concussion.

There are many people that experience neck pain following an accident and assume that the pain will pass within the next few days. However, it is still very important to be seen by a physician following the accident because of possible risks later down the line. If you have experienced a whiplash injury due to the negligence of a driver, contact Broward car accident attorneys Darfoor Law Firm at 1-833-DARFOOR for a free consultation regarding your case.

If you or someone you know has been severely impacted by a whiplash injury, please comment on our Facebook page. We look forward to hearing from you.

Graves Amendment: The Importance for Car Renters

The Graves Amendment was passed in 2005, eliminating vicarious liability claims against car rental companies for injuries caused by their customers. Federal law 49 U.S.C. § 30106 states, “An owner of a motor vehicle that rents or leases the vehicle to a person shall not be liable under the law of any State or political subdivision thereof, by reason of being the owner of the vehicle, for harm to persons or property that results or arises out of the uses, operation, or possession of the vehicle during the period of the rental or lease if (1) the owner is engaged in the trade or business of renting or leasing vehicles; and (2) there is no negligence or criminal wrongdoing on the part of the owner.” Simply put, this means that unless it can be proven that the car rental company has been negligent in any way contributing to the damages caused by their customer, they will not be held liable for the damages. Some common examples of a rental car companies negligence are:

1) failure to train employees properly

2) failure to supervise their workers

3) failure to keep the rental car properly maintained 

4) negligently entrusting the rental car to a driver they should not have allowed to rent

The Graves Amendment is important for car renters because they are now required to hold a certain amount of insurance when renting a vehicle and will be held liable for any damages caused by them in the rented vehicle. This amendment was added as a response to many states vicarious liability laws that excluded car rental companies. States that had no limits on vicarious liability wound up with large settlements against the car rental companies. Now, car rental companies are only held liable if the company is responsible in any way, such as renting a car with faulty breaks or that fails to meet any car safety regulations.

If you have been injured by the driver of a rental vehicle, contact Darfoor Law Firm to speak with an experienced personal injury lawyer concerning your rights under the Graves Amendment. If you are unclear about who is responsible for your injuries call 1-833-DARFOOR for a free consultation

Respondeat Superior: What Does This Mean for Accident Victims?

Respondeat Superior is a doctrine which makes an employer vicariously liable for the wrongdoing of an employee if it was committed within the course and scope of employment. With this, if you were injured in an accident caused by an employee who was “on the job,” you may be able to hold that person’s employer liable for your injuries, allowing you to recover compensation for your injuries, lost wages and medical expenses that were a result of your accident with the employee. In general, if a driver negligently operates a vehicle while working, the employer may be liable if the employer is the owner of the vehicle and is aware and has consented to the operation of the vehicle by the employee, or if regardless of ownership, the vehicle is used in the business of the superior with consent.

An important element of Respondeat Superior is that the driver committed the act “within the course and scope” of employment. Scope of employment is defined as any kind of conduct in which someone is employed to perform. If an employee is using a company vehicle to run personal errands or to shop at the mall and is involved in an accident, the employer is not held responsible. However, if an employee is using a company vehicle to deliver paperwork or machinery to another location for work purposes, the employer may be liable.

If you or someone you know has been injured in an auto accident due to the negligence of an employee and are looking to determine who may be held responsible, contact Ft. Lauderdale injury lawyers Darfoor Law Firm at 1-833-DARFOOR to discuss your rights with an experienced personal injury lawyer.

If you have ever been a victim, or witnessed an accident due to employee negligence, please let us know how it affected your life on our Twitter page.

Liability Issues for Pool Owners

Private Pools

Pools are considered part of a property. Therefore premises liability rules typically apply to pool injuries; both private and public pools. Homeowners may be held responsible for injuries that take place in and around their pool, even if the pool was used without the knowledge or consent of the owner, because pools are considered an attractive nuisance. Homeowner liability stems from negligence, or failure to act in a manner in which a reasonable person would have done under the same or similar circumstances. Injuries acquired from lack of security in or around a pool or failing to properly maintain the pool may result in homeowner liability. This is because homeowners are expected to protect their guests, as well as inaccessible areas to trespassers or unwanted visitors. There are also statutes put in place regarding the construction and maintenance of residential swimming pools, such as necessary covers and fencing. Failure to comply with such statutes may lead a homeowner to be held strictly liable if an injury is obtained on their property.

Public Pools

Owners of public pools also have a duty to properly maintain and repair their pools. The highest degree of care in this case, is owed to invitees or members of the public who are invited to use the pool. Public pool owners may be held liable for failing to provide emergency safety equipment if a guest is injured. A public pool owner can also be held liable for broken equipment or inadequate supervision or lifeguards. In some states, particular types of equipment and supervision are required by law and failure to meet these requirements infers negligence. In addition to keeping a public pool safe and respecting all state and federal regulations, owners are responsible for warning invitees of any hidden dangers, such as providing a sign that mentions that the pool water is too shallow for diving. If injuries result from any form of negligence on the part of the pool owner, the owner will be held liable.

If you have been injured in or around a public or private pool, due to the negligence of the owner contact personal injury attorney Kweku Darfoor of Darfoor Law Firm by calling 1-833-DARFOOR for a free consultation.

Whistleblower Retaliation

Many employees are hesitant to report the illegal activities of their employer, for fear of retaliation, which may cost them their job and their benefits. Those that choose to do so, are considered whistleblowers. Fortunately, there are state and federal laws in place to protect whistleblowers, as explained by the US Department of Labor. Many laws that protect employees, such as anti-discrimination laws, health and safety laws and wage and hour protections, make it illegal for employers to retaliate against those protected by the law. Employers that aim to retaliate against whistleblower employees are engaging in employee discrimination, and may face a lawsuit brought by the employee or criminal prosecution.

Employer retaliation includes actions against the employee, such as; firing, intimidating, demoting, reducing pay and much more. If an employee experiences this form of discrimination, and decides to file a lawsuit against the employer, the employee must prove: (1) they were engaged in a protected activity, (2) their employer was aware of, or believed, they were involved in a protected activity, (3) the employee suffered adverse employment actions and (4) that the employees involvement in a protected activity caused the employer to take such action.

Making the decision to report the illegal activities of an employer is tough, and occasionally frustrated employers choose to retaliate against employees that choose to do so. If you have been a victim of employee discrimination, due to your involvement in reporting company misconduct, and feel that your employer is retaliating, call 1-833-DARFOOR to speak to a whistleblower lawyer to determine your rights.

Have you ever witnessed another employee or been an employee that was discriminated against by an employer for reporting wrongful acts? Please leave a comment on our Facebook page. We look forward to hearing from you.