Author: Graves Thomas Rotunda

In personal injury lawsuits, victims are often entitled to monetary compensation for several types of “damages” or what a person’s injuries have cost them emotionally, financially, and physically.  However, understanding how these damages differ can often be confusing, to say the least.  There are usually two types of damages in personal injury lawsuits – “compensatory” and “punitive.”  Here is how they differ:

Compensatory damages are intended to compensate the injury victim or plaintiff for the losses they suffered due to their accident and injuries.  In other words, it is monetary compensation that is intended to make them financially whole again.

Punitive damages, although rare, are intended to punish the at-fault party or defendant when their conduct is deemed as egregious or outrageously careless.  The goal is to hurt their purse or wallet and act as a deterrent against any such behavior in the future.

Compensatory damages are the most common form of damages awarded to plaintiffs in a personal injury case.  These damages cover financial losses occurring from:

• current and estimated future medical expenses
• damaged relationships
• emotional distress or trauma
• loss of future earning capacity
• loss of enjoyment
• lost income (current and estimated)
• pain and suffering
• property damages

Furthermore, in wrongful death cases, the surviving family members can sue for other types of damages including funeral costs and loss of companionship.

Punitive damages are awarded in conjunction with monetary damages but are less common.  They are primarily awarded to the plaintiff when the defendant has exhibited gross negligence or participates in illegal activities that caused the accident.  Drunk driving is a perfect example of egregious or outrageously careless behavior.  The hope is that punitive damages will deter other individuals from acting or behaving in a similar manner.  Additionally, the defendant may be criminally charged for their illegal actions. However, that is not under the purview of tort laws but criminal laws.

Limitations on Damages

In Florida personal injury cases, the state does not place limitations on compensatory damages.  However, there are limitations on punitive damages to keep them from becoming excessive.  Punitive damages aren’t allowed to exceed $500,000 or 3 times the compensatory amount awarded to the plaintiff except under specific circumstances.

The goal of our personal injury lawyers is to ensure the best outcome possible for victims and their families.  That is why it helps to take advantage of the fact that we work on contingency basis, so you only pay us if we get you compensation. We are prepared to litigate your case aggressively with experience, expertise, and professionalism.  To learn more about how we advocate for personal injury victims and ensure their rights are protected, call the Graves Thomas Rotunda Injury Law Group today at (772) 569-8155.

Criminal activity can happen at any time on a property. Negligent security is a part of premises liability that holds property owners liable for any injuries or damages on their property due to a lack of adequate security. Injury due to negligent security can be wide-ranging, such as assault, battery, robbery, or rape.

A negligent security lawsuit is solely based on the duty of landowners or property owners to offer reasonable security by protecting lawful visitors from any potential crimes of third parties. Negligent security lawsuits can occur if a crime could have been avoided or at least less likely to happen by implementing appropriate security measures.

Negligent Security Settlements

Understanding negligent security is important for both residential and commercial possessors or landowners. The duties for each of these types will often vary, depending on the situation. For example, it’s not the responsibility of a college student to provide adequate security at a dormitory, but it’s the role of the college to provide the necessary security measures.

Another example is a residential tenant having a duty to protect their guests within their apartment. Still, it’s the responsibility of the apartment complex to offer adequate security while on the parking lot. Hiring a security guard is often recommended in creating a safe space for parking lots and other high-traffic areas.

Working with a negligent security lawyer can help guide you throughout each step of the process. One of the main reasons for suing the possessor or owner of the property instead of the person that committed the crime is that it’s often easier to identify the owner instead of a stranger committing a crime. A possessor or owner is also more likely to have insurance for negligent security, making it possible to recover any of the damages.

How Can the Plaintiff Prove Negligent Security?

A plaintiff that sues for negligent security will need to prove that the possessor or landowner failed to provide reasonable care in discovering prior criminal activity or failed to give an adequate warning to keep a visitor from getting injured. The plaintiff also needs to prove that they were lawfully present on the property. The defendant failed in their duty to provide reasonable protection, and the plaintiff was injured due to a third party’s criminal act.

Foreseeability also plays an essential role in negligent security settlements. Most courts will decide foreseeability based on any prior or similar crimes at the same location that the possessor or owner was aware of, such as robberies, assaults, or rape. The court can also consider how many times parking lot security guards were called to visit an area to determine foreseeability.

What is Considered Adequate Security?

Determining adequate security for a specific property will vary with each case. A few of the most common ways to provide adequate security include investing in business security systems, hiring mall security, or using parking lot, security guards. Ensuring an area has sufficient lighting and parking lot security cameras is also vital in creating a more secure environment for visitors. Taking these additional steps for improving security is well worth the effort in keeping visitors safe and avoiding negligent security settlements.

Some states also have statutes that establish an inference of no negligence for taking specific security measures. For example, the state of Florida has a presumption against any liability for third-party criminal attacks for owners of convenience stores that take specific precautions against criminal activity. A few examples of these precautions include installing business security systems and displaying a sign near the cash register that says the register contains less than $50 while also using a drop safe.

Contact a Negligent Security Lawyer

Reaching out to a negligent security lawyer is always important if a crime happened on your premises to determine if you need to improve safety, such as hiring a security guard, installing parking lot security cameras, or investing in other business security systems. A negligent security attorney can also provide guidance on how to decrease the risk of a potential crime.

Graves Thomas Rotunda Injury Law Group practices negligent security cases for clients throughout Florida. Our team of lawyers can give you guidance and the support you need to ensure you receive adequate compensation. We are also available to answer any of your questions related to negligent security settlements. Reach out to Graves Thomas Rotunda Injury Law Group today to schedule a free consultation.

Amusement parks in Orlando are often a top destination for tourists visiting Florida. These amusement parks offer a wide variety of attractions for both children and adults. Many of these amusement parks are very busy during the summer months, holidays, and school breaks. However, it’s always important to remember that accidents and injuries can often occur at these parks. Reaching out to an amusement park accident attorney is important to ensure you receive guidance and that your legal rights remain protected.

Safety Responsibility of Amusement Parks

An amusement park accident can occur if safety protocols aren’t followed and if the ride or safety equipment malfunctions. A lack of training for park employees or negligent construction of a ride can even lead to amusement park deaths. Contacting an amusement park accident lawyer is essential to receive compensation and to get the help you deserve. All of the amusement parks must create a safe environment for each visitor. Not taking the necessary safety precautions can lead to amusement park injuries and deaths.

Types of Injuries

Most of the rides at amusement parks in Orlando consist of large machines that can result in severe injuries if the safety procedures aren’t followed or if any of the equipment fails. A few examples of amusement park injuries with rollercoasters include loss of a limb, brain damage, inability to walk, and loss of other motor skills. Other rides can also cause an amusement park accident, such as bruised ribs, spinal cord injuries, whiplash, and head trauma. Contacting an amusement park injury lawyer is essential if you are the victim of these injuries at a theme park.

Common Causes of an Amusement Park Accident

Most amusement park accidents happen due to reckless or negligent acts of an employee or malfunctioning equipment at the park. Some of the most common accidents at amusement parks include falling from water rides and roller coasters, mechanical failure of rides, and a lack of equipment inspection. Roller coasters are also becoming much more dangerous, as new rides are being built to travel at speeds over 100 miles per hour. These ever-increasing speeds are creating extreme g-forces, which can lead to numerous injuries.

How Roller Coasters are Designed

The vast majority of roller coasters are designed to reach an apex before descending into a curve to create an exciting experience for each rider. However, the limits of modern-day roller coasters are constantly being challenged, as some roller coasters can travel at such a high rate of speed to experience negative gravity. The rider will momentarily be separated from their seat due to negative gravity. The safety restraint system is responsible for keeping them safe and preventing them from falling out of their seat. However, an improperly secured or malfunctioning safety restraint can lead to brain damage, loss of a limb, broken bones, or even amusement park deaths.

Do Roller Coasters Impact Everyone The Same Way?

Most of the effects experienced while riding a roller coaster are usually the same unless it’s a small child or anyone with a light frame, as they may not be adequately secured. Safety restraints created with a one-size-fits-all mentality can often lead to amusement park injuries due to the person sliding around within their seat. Similarly, a larger person may also not be adequately secured while riding a roller coaster, which can cause them to fall out and become another casualty for amusement park deaths.

Often, the defendant in these amusement park lawsuit cases will attempt to avoid liability by stating the injuries on the ride were beyond their level of control. However, it’s important to remember that the safety of the rides is the sole responsibility of the amusement park, as they need to be held responsible for any amusement park injuries and deaths.

Many amusement parks in Orlando will attempt to reduce their exposure to potential lawsuits by displaying signs that say they aren’t responsible for any injuries for riders with a pre-existing physical condition. Contacting an amusement park injury attorney is vital in evaluating your case and giving you legal advice on the best way to proceed to ensure you receive the compensation you deserve.

Need a Lawyer After Visiting Amusement Parks in Orlando?

Graves Thomas Rotunda Injury Law Group is an amusement park accident attorney that works with a wide range of clients in helping them win their legal cases. Our experienced team of lawyers has worked on many amusement park injury lawsuit cases, as we understand the importance of always fighting for your rights. We are also available to answer any of your questions about amusement park deaths or accidents. Feel free to give Graves Thomas Rotunda Injury Law Group a phone call today if you are in need of an amusement park accident lawyer.

Road rage can happen at any time and lead to deadly consequences. Many of the victims of road rage feel helpless or angry, making the situation much more dangerous. Road rage incidents continue to rapidly increase, as it’s important to understand how to respond to these events to keep you safe.

Road Rage Definition

Aggressive or angry behavior from another driver can often result in a road rage incident. A road rage incident may lead to verbal insults, aggressive gestures, or even physical threats. Depending on the situation, a road rage accident can cause devastating consequences. Reaching out to a car accident lawyer is important if you believe you are the victim of road rage.

Avoid Escalation

Understanding how to react to a road rage incident is essential in keeping safe and avoiding escalation. Defensive driving can also reduce the chance of a road rage accident. Always staying calm and keeping your emotions in check can play an important role in preventing a bad situation from turning into a much bigger problem.

Here are a few tips to consider if you are ever involved in a road rage incident.

Control Your Emotions

One of the main factors in staying safe during a road rage incident is maintaining control over your emotions and trying not to react to an angry driver. Instead of honking your horn or responding with angry gestures, it’s much safer to ignore the other driver. While controlling your emotions is often easier said than done, it can play an important role in calming down a volatile situation.

Lock Your Doors

Another tip to remember is always to lock your doors if another driver is acting aggressively towards you. Driving to a safe place is another key aspect in preventing a dangerous situation from getting out of control. Instead of pulling over, it’s a much better option to drive directly to a police station or another public place.

Try to Limit Eye Contact

Maintaining eye contact with an angry driver can cause even more problems and upset them more. Trying to avoid eye contact and keeping your eyes always on the road is important in defusing a dangerous situation.

Remember It’s Not Personal

A road rage incident can often feel very personal. However, it’s important to realize that the other driver is angry at the situation and most likely doesn’t even know you. Reminding yourself that it’s not all about you is critical in maintaining control over your emotions.

Avoid Going Home

You may be tempted to go home after being involved in a road rage incident. However, you may be followed without even realizing it. The safest option is to visit a public location with other people around to increase your safety and reduce the chance of additional problems.

Obtain Vehicle Information

A road rage accident can eventually lead to a dangerous situation, such as physical assault. Gaining vehicle information is important in identifying the other driver, such as the license plate number and the car model. Contacting a car accident lawyer is essential if you are the victim of an aggressive driver.

Remember Defensive Driving Tips

Reckless driving can often make other drivers angry, such as tailgating or cutting someone off while you change lanes. The safest option is to follow defensive driving tips to limit the chance of being the victim of a road rage incident.

Use Your Cell Phone for an Emergency

A road rage incident can quickly become a dangerous situation. Using your cell phone to call the police is a good idea if you feel like the other driver is following you or fear for your safety. Getting the police involved can increase your safety and prevent a bad situation from getting much worse.

What if You Are the Passenger of an Enraged Driver?

Sometimes a road rage incident can happen while you are a passenger in a vehicle. You may feel like a hostage if you are riding in the same car with an angry driver. Looking at ways to calm the driver down is essential to staying safe and avoiding a dangerous situation. Finding ways to calm the driver down or even changing their focus can help diffuse a situation to prevent a road rage accident.

Closing Thoughts

A car accident can lead to road rage and create an even more dangerous situation. Understanding how to stay calm under pressure is important to your safety. You can reach out to a car accident lawyer if you believe you are the victim of a road rage incident. Graves Thomas Rotunda Injury Law Group can help you receive the money you deserve, as we have years of experience in assisting clients throughout the Vero Beach area.

Elder abuse occurs if a nursing home or one of its employees acts negligently in taking care of a patient. A nursing home abuse lawyer can play a crucial role in helping you navigate through these troubling charges and hold them liable due to neglect. These damages may include pain and suffering, disability, disfigurement, or medical bills. A few states allow for punitive damages, but this only occurs in rare cases. Keeping a few things in mind is important for identifying nursing home abuse.

Types of Nursing Home Abuse

Each nursing home has an obligation to hire qualified personnel with the necessary academic degrees while also not having a prior record of violence or abuse. A nursing home can be held responsible for elder abuse by hiring an employee without performing a background check.

Understaffing is another common issue facing nursing homes across the country. A lack of staff members makes it much more challenging to provide adequate care for each patient, which significantly increases the chance of elderly abuse. A nursing home can be found liable for elder abuse by not hiring enough employees.

Inadequate training can also result in elder abuse in nursing homes. A lack of training can eventually lead to injury or even nursing home deaths. Nursing homes need to properly train each employee to avoid being held liable for elder abuse.

A nursing home will be held responsible for any abuse caused by third parties inside the residence. For example, a resident may be injured by a guest or another resident due to a lack of oversight. It’s the primary responsibility of the nursing home to create a safe environment for each resident.

Medication errors are a serious problem that can result in nursing home deaths. These mistakes can create liability issues for a nursing home, while a physician or pharmacist can be held liable for these mistakes if the resident is injured or dies due to these mistakes.

Common Causes of Elder Abuse

Elder abuse is an all too common problem impacting nursing homes. Understanding the most common causes of nursing home abuse is essential in recognizing these signs before it’s too late.

Physical Abuse

Physical abuse in a nursing home isn’t only limited to battery or physical contact against a patient. It can also occur through overmedication, excessive use of restraints, or force-feeding. Recognizing these signs of physical abuse is essential in getting the help your loved one needs before it’s too late.

Emotional Abuse

Emotional abuse is another common problem impacting patients in nursing homes. Mental abuse may include insults, threats, sarcastic remarks, emotional manipulation, or isolation. Signs of emotional abuse may include anxiety, depression, mood swings, or withdrawal.

Sexual Abuse

Sexual abuse can also occur in a nursing home, whether it’s a resident being too ill to consent or tricked into sexual contact. This can happen with a staff member, guest, or another resident.

Financial Abuse

Financial abuse can happen if the person responsible for managing a patient’s finances chooses to misuse funds or other assets. For example, some of these funds may be used for their benefit or personal advancement. Deceiving a resident into signing a contract or will is another form of financial abuse.

Neglect

Neglect happens anytime a nurse doesn’t provide adequate care for a patient. A few of the most common types of nursing home neglect include failure to help with personal hygiene, not providing appropriate clothing or shelter, lack of food, or inadequate medical treatment.

Warning Signs of Elderly Abuse

Gathering the necessary evidence for elder abuse is essential for a nursing home abuse lawyer. Sometimes a nursing home will dismiss signs of abuse by blaming it on dementia or old age. However, loved ones need to recognize the various signs of mistreatment.

Here are a few of the most common signs of elder abuse in nursing homes.

• Emotional Withdrawal
• Dehydration or Malnutrition
• Bedsores
• Bleeding or Bruising
• Physical Problems
• Financial Issues
• Changes in Will or Power of Attorney
• Unpaid Bills

Many times a nursing home resident will feel ashamed or too disgusted to tell anyone about these difficulties. Family members need to keep a close watch on their loved ones to recognize any signs of elderly abuse. Reaching out to a nursing home abuse attorney is important in helping you receive the help you need.

Graves Thomas Rotunda Injury Law Group specializes in elderly abuse in Florida nursing homes. Our lawyers can help you get the support you need and the compensation you deserve. We are also happy to answer any of your questions and discuss the common signs of elderly abuse.

Contact Graves Thomas Rotunda Injury Law Group today if you are in need of a nursing home abuse lawyer in Florida.

According to the most recent drunk driving statistics, a drunk driving car accident is an all too common occurrence in the United States, as 29 people are killed each day. These numbers average out to one death every 50 minutes. Drunk driving accidents are a major problem in Florida, as 8,476 people were killed from 2003 to 2012 in the state of Florida, while thousands of other drivers were injured due to drunk driving.

Justice for individuals impacted by drunk driving can’t happen soon enough, as reaching out to a law firm is essential if you are the victim of a DUI or DWI accident. A drunk driving attorney can help you receive the compensation you deserve, whether you were injured or someone you love was killed due to drunk driving.

Drunk Driving Laws in Florida

The state of Florida enforces strict laws related to drunk driving accidents to keep the public safe. For example, the state often creates sobriety checkpoints to locate drivers under the influence. Typically, 15-20 checkpoints are conducted throughout the state each month. It’s not legal for anyone to drive with a blood alcohol concentration that’s .08% or greater, as a breathalyzer test is often used to determine this number.

Impact of Drunk Driving

Drunk driving often results in various negative side effects that create a dangerous situation for anyone on the road. For example, drinking alcohol can often reduce reflexes, which significantly increases the chance of an accident. Alcohol also considerably impairs vision and spatial awareness. Difficulty in concentrating and a feeling of drowsiness are other common features of drunk drivers. Consumption of alcohol also reduces coordination, which can often result in a car accident injury.

Types of DUI and DWI Accidents in Florida

A car accident dramatically increases for drivers consuming alcohol due to vision impairment, lack of alertness, and reduce reaction time. Some examples of the most common types of drunk driving accidents include head-on collisions, rear-end accidents, side-swipes, wrong-way accidents, and hitting pedestrians.

Victims of DUI Car Accidents

Victims of drunk driving can often experience years of physical and emotional pain while dealing with the financial burden of significant medical expenses or lost wages. Even minor accidents involving drunk driving can result in broken bones, sprains, cuts, whiplash, concussion, back or neck injuries, and burns. Emotional anguish is another common problem, as victims often suffer from anxiety, insomnia, depression, and mood swings. Reaching out to a drunk driving attorney is critical in helping you receive compensation for these injuries.

Statute of Limitations in Florida

Victims of drunk driving accidents have up to four years after the date of the accident to file an injury claim with a drunk driving attorney. Scheduling a consultation with a drunk driving accident lawyer is important in discussing the details of your case, as you may be entitled to compensatory or punitive damages.

Compensatory damages are the most common, as they may include existing and future medical expenses, property damage, loss of current or future wages, emotional duress, or wrongful death. On the other hand, punitive damages aren’t as common in drunk driving accidents, but you may be eligible if illegal activities or outrageous negligence are the reason for the crash. Contacting a DWI accident or a DUI accident lawyer in Florida is always a good idea to discuss which type of potential damages you may be eligible for with your claim.

Reach Out to a Drunk Driving Accident Lawyer Today

Drunk driving is a major problem that can lead to significant injuries or death for many innocent victims in Florida. Scheduling a free consultation with a drunk driving accident lawyer is essential if you or a loved one sustained injuries in an automobile accident due to a drunk driver. These legal professionals can help you receive the compensation you deserve. Reach out to a DUI accident lawyer today to learn more about your legal options if you are a victim of a drunk driving car accident.

Many people think of sudden accidents in the workplace as one of the most common ways to get hurt on the job. However, employees can often suffer injuries in a variety of ways. Poor workplace conditions can also contribute to long-term occupational illness. These illnesses may develop gradually over time, which makes it even more difficult to recognize symptoms. An occupational disease is any medical condition that causes a disabling condition, whether it’s because of work duties or exposure to irritants in the workplace.

An occupational injury can happen due to various reasons, as here is a list of work-related diseases:

Chronic and Acute Exposures

Chronic or acute exposures to dangerous chemicals or substances can lead to serious health issues. Many construction workers, electricians, and plumbers were exposed to asbestos while working on older buildings. Numerous types of cancer can be traced to asbestos exposure, as it remains near the top of the list for long latency illness claims.

Noise-Induced Hearing Loss

Hearing loss due to working near loud noises is an all too common problem for many people. A lack of proper safety equipment is one of the main reasons for noise-induced hearing loss. Over time, workers can eventually lose their hearing due to constant exposure to loud noises, which negatively impacts their quality of life.

Carpal Tunnel Syndrome

Most people associate an occupational injury with anyone that works in a blue-collar job. However, injuries can also happen in an office environment. Carpal tunnel syndrome is an all too common issue for workers who don’t have access to an adequate keyboard or proper office furniture. Common symptoms include a tingling or numbness in your hand due to nerve compression.

Exposure to Toxic Fumes

Toxic fumes in the workplace are a major problem in a variety of industries. These toxic fumes can eventually result in occupational lung disease and numerous other health conditions. The inhalation of welding fumes or paint for any length of time is always dangerous for workers.

Back Injuries

Back injuries often happen with warehouse and construction workers. Not teaching proper lifting methods can result in significant back problems and other injuries. Performing repetitive tasks each day can further aggravate these problems and make it impossible for the body to heal.

Heart Attack and Stroke

Dealing with stress in the workplace is a major issue for workers in every industry. Trying to meet deadlines or putting in extra hours of work can cause a lot of stress on the body. Long-term stress can lead to mean prolonged latency diseases. A heart attack or a stroke can often result from an excessive amount of stress on the job.

Sick Building Syndrome

Sick building syndrome occurs if 20% or more workers within a building become ill. The primary key to qualifying for this occupational illness is if the symptoms decrease if workers aren’t in the building. Sick building syndrome is often an occupational lung disease, as workers may have difficulty breathing. Mold and other unhealthy conditions can result in serious side effects, such as fatigue, itching eyes, or dizziness.

Repetitive Stress Injuries

Assembly line workers often perform the same job functions over and over daily. These repetitive movements can eventually result in an occupational injury. Contacting a law firm is a great way to ensure you receive the compensation you deserve for dealing with these injuries.

How to Handle Long Latency Occupational Diseases?

Dealing with an occupational illness or injury is a common problem for many workers. Reaching out to a legal firm specializing in worker’s compensation is essential in helping you gain the compensation you deserve. These legal professionals will research your situation, as long-latency diseases and injuries are a significant issue for many people.

Graves Thomas Rotunda Injury Law Group has years of experience helping clients receive worker compensation due to an occupational disease or injury. Our goal is to help you obtain your full compensation, and our team members are always available to answer your legal questions. Feel free to reach out to Graves Thomas Rotunda Injury Law Group today for a no-cost consultation about occupational and work-related diseases.