Personal injuries sustained while on vacation can turn a fun family holiday into a miserable experience – especially when those injuries happen as a result of someone else’s carelessness or negligence. Florida’s year-round sunny weather and sandy beaches make it a very popular year-round tourist destination. In fact, thousands of tourists visit the State of Florida every year, vacationing from the popular Orlando area to the white sand beaches of the Florida Keys. However, the ever increasing traffic on Florida roadways and waterways makes it a prime location for serious accidents – especially motor vehicle accidents and boating accidents.
Accidents can occur anytime, anywhere – even while on vacation. If the accident is serious enough, you may need to begin seeking medical treatment while still in the State of Florida. It is important that you seek follow-up medical care and treatment as soon as possible after sustaining injuries in your accident, even when the accident is not a ‘serious’ accident. If you delay seeking medical treatment for your injuries, you are more or less telling the insurance company that you were not all that seriously injured in the accident.
You should always keep in mind that an insurance company’s goal is not to pay you top dollar for your personal injury claim. Insurance companies do not make (and keep) their money by paying out personal injury claims. The insurance company’s goal, therefore, is to settle your personal injury claim as quickly and for as cheaply as possible. As a result, the insurance company will likely try and poke as many holes as possible in your personal injury case and will readily point out any delays or gaps in treatment, failures to follow through with treatment protocols, and/or pre-existing medical conditions and injuries. For that very reason, most insurance company adjusters will make very low initial offers on personal injury cases.
If you or someone you love has sustained personal injuries as a result of someone else’s carelessness or negligence while on vacation in the State of Florida, the experienced Florida personal injury attorneys at Dolman Law Group Accident Injury Lawyers, PA are here to help. Personal injuries sustained out-of-state can be difficult to cope with, especially if your home is far away, and a personal injury lawsuit may need to proceed forward in the State of Florida. Our experienced personal injury lawyers can help to streamline the process for you and assist you with obtaining the monetary compensation that you need and deserve.
Accidents and injuries sustained while on vacation may range from minor to severe and can happen under a variety of circumstances. Some of the more common types of accidents that happen while vacationing in Florida include the following:
- Motor vehicle accidents (including accidents involving rental cars)
- Boating accidents
- Slip and fall accidents
- Motorcycle accidents
- Bicycle accidents
- Trucking accidents
- Swimming pool accidents
- Hotel and resort accidents
Steps You Should Take after being involved in an Accident
Accidents and injuries that occur while on vacation are extremely stressful and have the potential to ruin the vacation that you worked so hard for. By taking the following steps, you can help to minimize the stress and inconvenience associated with vacation accidents.
- Call 9-1-1 (or have someone call 9-1-1 for you).
- Be specific about your pain and symptoms at the scene when asked by EMT’s, police officers, and other emergency personnel.
- Follow up at a hospital or urgent care facility for emergency medical treatment as soon as possible after your accident – even if you are not experiencing a lot of pain at that time.
- Follow the emergency room physician’s treatment instructions and recommendations.
- Return home as soon as possible and begin your treatment regimen.
- Follow up with your primary care physician at home and discuss your treatment protocol.
- Complete all treatment and do not stop attending medical appointments until the treatment facility formally discharges you.
- Avoid long gaps in treatment and attend all medical and physical therapy appointments on time.
- Remain at your medical appointments for the entire time. Do not leave early.
Proving the Elements of Negligence in a Florida Accident Case
In order to recover damages for injuries you sustained while on vacation, you will need to prove that you sustained your injuries as a direct result of someone else’s negligence. This means that the injured plaintiff bears the burden of proving the following negligence elements:
Duty – The defendant must have owed a duty of care to the injured plaintiff, such as by following the rules of the road (in the case of a motor vehicle accident) or complying with all Florida boating regulations (in the case of a boating accident).
Breach – The defendant must have breached the duty of care owed to the injured plaintiff, such as by exceeding the designated speed limit or by failing to follow certain Florida boating regulations (such as by operating a boat while intoxicated).
Causation – The defendant’s breach of the duty of care must result in certain injuries and damages.
Damages – Damages sustained in a Clearwater personal injury case come in the form of monetary compensation and may include economic damages, such as payment of related medical and physical therapy bills and compensation for lost wages, and non-economic damages, such as pain and suffering, loss of future earnings, emotional distress, and mental anguish. Punitive damages, which are meant to punish a defendant’s grossly negligent or egregious conduct, may be available under some limited circumstances.
An injured plaintiff may have a cause of action against several potential defendants, and an experienced Clearwater personal injury lawyer will be able to investigate your claim fully and ascertain and name all potential defendants to any lawsuit that is filed.
For a free legal consultation, call 833-552-7274
Contact a Clearwater Personal Injury Attorney Today to Discuss Your Case
Nothing ruins a Florida vacation more than an unexpected accident. The knowledgeable Florida personal injury attorneys at Dolman Law Group Accident Injury Lawyers, PA will be able to evaluate your case, negotiate with the insurance company on your behalf, and streamline the litigation process for you. Our skilled lawyers are not afraid to take your case to trial if the insurance company refuses to place a favorable settlement offer on the table.
To schedule a free consultation and case evaluation with a Florida personal injury lawyer, please call us or contact us online.