Cocoa Beach Personal Injury Accidents
Cocoa Beach offers something for everyone with beautiful beaches, state parks, eating and drinking establishments, and plenty of interesting retail shops. However, visitors often travel congested roadways to enjoy the city’s many gifts. Visiting restaurants, retail stores, and even staying in hotels carries risks of property hazards in those places. Someone can suffer an injury in Cocoa Beach in many ways due to the carelessness or recklessness of another person.
If someone else’s negligence injured you in a Cocoa Beach accident, you can seek compensation for your injuries through the personal injury claims process. The legal team of Dolman Accident Injury Lawyers, PA, has spent many years assisting the injured across Florida in navigating this often complex process.
Let an experienced Cocoa Beach personal injury lawyer at Dolman Accident Injury Lawyers tell you more about personal injury claims, answer your legal questions, and tell you about our services. Contact us for your free case evaluation.
Table of Contents
- Work with Dolman Accident Injury Lawyers, PA
- Types of Personal Injury Accidents in Cocoa Beach
- Types of Cocoa Beach Personal Injury Claims
- Contact a Cocoa Beach Personal Injury Lawyer Today
- Frequently Asked Questions
Working with Dolman Accident Injury Lawyers, PA
The team at Dolman Accident Injury Lawyers, PA, brings years of experience and results to every case. We are dedicated to serving justice and giving a voice to the injured. Above all, we fight aggressively for all our clients. Though we cannot make any claims about the results you can expect, we believe our case results speak to the knowledge and care we bring to every case we take on.
Here are a few of our recent results:
- $5 million for a client burned in a car accident
- $3.85 million for a client who suffered a traumatic brain injury in a semi-truck accident
- $6.7 million for the survivors of a wrongful death case
Our firm has the resources to handle even the largest and most complex cases. Call today for your free case evaluation and see how we can help.
Types of Personal Injury Accidents in Cocoa Beach
Cocoa Beach is the perfect place to relax. However, like any other place, the city is far from perfect. Traffic is often heavy, particularly during the winter when the snowbirds arrive, spring break when the young people arrive, and any time there is a major event on the Space Coast. Unfortunately, the casual, laid-back attitude of local business owners that is attractive to visitors can lead to unmitigated property hazards. More than a third of Cocoa Beach’s residents are over 65, an age when declines in vision and strength can increase the risk of falls.
Here is a look at how people can become injured in Cocoa Beach due to another person’s negligence.
Cocoa Beach Personal Injury Lawyer Near Me 833-552-7274
Hundreds of people are injured annually in Brevard County due to traffic accidents involving cars, trucks, vans, commercial vehicles, rideshares, motorcycles, bicycles, and pedestrians. The leading cause of traffic accidents in the county is distracted driving, which accounts for around 12 percent of all accidents taking place in the county. Alcohol impairment is also a common cause of crashes in the region, accounting for nearly 10 percent.
For a free legal consultation with a personal injury lawyer serving Cocoa Beach, call 833-552-7274
The Cocoa Beach area offers multiple boating opportunities, including pontoon boats, boats for the flats or bays, airboats, kayaks, canoes, and much more. According to the Florida Fish and Wildlife Conservation Commission, the most common cause of boating accidents in the state involves driver inattention and the failure to maintain a proper lookout for hazards in the water.
More than 800 boating accidents a year have been reported on Florida waterways, with the leading cause of fatal accidents involving boat occupants drowning after falling overboard.
The Impacts of Child Sex Abuse
Several years ago, Florida lawmakers removed criminal and civil statutes of limitations on child sex abuse claims. This change means that individuals who experienced physical abuse and psychological injury before age 16 can seek compensation and criminal charges for the abuse, regardless of how many years or decades have passed since the abuse occurred.
Adults who were sexually abused as children often suffer several negative impacts from the abuse, such as:
- Sleeping difficulties
- Angry outbursts
- Anxiety or depression
- Difficulty maintaining relationships
- Drug and alcohol use
There are several medical facilities in or around Cocoa Beach where residents and visitors can seek treatment for injuries and illnesses, including Cape Canaveral Hospital. The health care providers at these facilities must protect their patients from becoming injured due to a medical error. A medical malpractice claim can compensate you for medical errors that injured you.
Some of the common types of medical errors that can give rise to a Cocoa Beach medical malpractice claim include:
- Diagnosis errors such as misdiagnosis or delayed diagnosis.
- Birth injuries due to medical negligence, such as failing to diagnose a condition in the mother or infant or to perform a C-section when medically indicated.
- Surgical errors include errors with the delivery of anesthesia, wrong-site surgery, wrong patient surgery, or the surgical team leaving an instrument, sponge, or towel in the body cavity after surgery.
- Injuries incurred due to premature discharge from the hospital, lack of follow-up care after a procedure, or failure to provide adequate home care instructions.
- Prescription errors include giving the patient the wrong medication or the wrong dose.
- Failure to obtain informed consent involves a health care provider failing to inform the patient of known risks of a procedure that, if they had been aware, would likely have caused the patient to seek a different treatment option.
Nursing Home Abuse
There are dozens of nursing homes and assisted living facilities located along the Space Coast and serving the elderly of Cocoa Beach.
Residents at facilities that are certified to accept Medicaid/Medicare residents are granted several rights as a result of nursing home reform laws, including:
- The right to be treated with dignity and respect.
- Freedom from the use of chemical and physical restraints.
- The ability to make their own decisions on when they go to bed, what they eat, or the physician who provides their medical care.
- The right to information about their medical conditions and to have a say in their treatment options.
- The right to have their representative informed if the facility injured them, they suffered a decline in physical health, or the facility will transfer them.
Many nursing home abuse and neglect claims occur due to understaffing issues at nursing and assisted living facilities that have plagued the nation in recent years. This results in lapses in fall protection, increased bedsores among residents due to inadequate staff who can tend to incontinent or immobile patients, medication errors, poorly trained or underqualified staff, and more.
Construction Accidents and Other Workplace Injuries
The construction industry accounts for around 20 percent of the injuries that occur in workplaces around Cocoa Beach and beyond.
Construction workers can face severe injury or death through:
- Transportation accidents
- Electrical issues
- Mechanical defects involving heavy equipment
Most construction accidents and other workplace injuries recover damages through Florida’s worker’s compensation program. Worker’s compensation is a form of no-fault insurance that most private employers must provide for their employees. This coverage provides wage replacement and medical treatment for the worker, regardless of who was at fault for the injury. Some workplace injuries, however, can result in a personal injury claim, such as accidents in which a third party (someone who is not the worker’s employer or coworker) is at fault for causing the accident.
Premises Liability Matters
Premises liability is an area of the law that pertains to the responsibility of residential and commercial property owners or managers, and public property managers must keep the property free of hazards that could injure guests.
Some of the types of accidents that are considered premises liability matters include:
- Slip and fall accidents, which occur when a visitor slips or trips over a property hazard and falls. This is the most common type of premises liability claim. Hazards at the heart of these claims include wet or slippery floors; worn or torn flooring material; defective staircases and poor lighting in stairwells; cracked pavement or potholes in parking lots; and missing handrails.
- Swimming pool accidents, which include drownings because of the property owner or manager’s failure to properly enclose the pool to protect child trespassers; failure to provide a lifeguard; failure to maintain the pool’s electrical and filtering systems, and slip and fall accidents occurring in proximity to the pool.
- Injuries caused in fires that resulted from the property owner or manager’s failure to properly maintain the property, aged electrical systems, or the failure to provide smoke detectors and fire extinguishers on the premises.
- Injuries resulting from defective elevators or escalators.
- Negligent security, which refers to the property owner or manager’s responsibility to protect guests from becoming injured as a result of known criminal activity by taking actions such as providing security personnel for buildings and parking lots, the use of surveillance cameras, and locking windows, doors, and alarm systems in hotels and apartment units.
- Dog bites, which the dog owner’s homeowner’s or renter’s liability policy pays for. Florida enacted strict liability for dog bites, so the dog’s owner is responsible for compensating those injured by the dog, even if the owner had no reason to believe their dog was capable of aggressive behavior.
Each day, people in Florida use hundreds of different types of products, including medications, foods, cosmetics, appliances, vehicles, and more. Product liability is an area of the law that pertains to manufacturers’ responsibility to ensure that their products are reasonably safe for consumers when used according to label instructions.
Three product defects can result in a Cocoa Beach product liability claim.
- Design defects involve errors in the engineering of the product that occur before the product is produced and affects all lots that feature the defective design.
- Manufacturing defects occur as a result of an error in the manufacturing process and can cause issues such as products that are not as strong as intended or that contain a hazard, such as chemicals or broken glass that were inadvertently introduced into the product during manufacturing. This defect is usually limited to a production run, not the entire product.
- Labeling defects involve the information the manufacturer includes on the product’s packaging label. Examples of the type of labeling defects that can result in a product liability claim include the failure of a manufacturer to list the known risks of using the product or the failure to include adequate instructions for the safe use of the product.
Many types of product liability issues impact hundreds or even thousands of people. These cases often feature mass litigation, in which many factually similar cases combine to ease the burden on the courts of dealing with each claim individually.
Types of Cocoa Beach Personal Injury Claims
Practically any injury someone can experience can be incurred through someone else’s negligence. Personal injury claims often involve catastrophic injuries such as traumatic brain or spinal cord injuries, which produce a high likelihood of permanent disabilities simply due to the part of the body where they occurred. The brain and spinal cord have limited ability to heal from injuries and frequently result in disabilities that will impair the sufferer’s future earning capacity.
Other catastrophic injuries include:
- Traumatic limb amputations.
- Severe damage to the vertebrae or discs that can cause instability in the spine.
- The loss of hearing or sight.
Other injuries in a personal injury claim may include:
- Broken bones
- Soft tissue injuries
- Internal injuries
- Cuts, abrasions, and punctures
Many people hesitate to speak with an experienced attorney about the process of obtaining compensation for their injuries because they fear the injuries are not serious enough to file a claim. If an injury is serious enough to result in wage loss or require medical treatment, it is serious enough to file a personal injury claim. The experience Cocoa Beach personal injury lawyers from Dolman Accident Injury Lawyers, PA, can assist you with any claim, regardless of the injury sustained.
Contact a Cocoa Beach Personal Injury Attorney Today
For more information about the personal injury claims process or to obtain answers to the questions you have about your specific claim, let our experienced Cocoa Beach personal injury lawyers provide you with a free case evaluation. With offices across both Florida coasts, you can easily reach Dolman Accident Injury Lawyers, PA, at (321) 323-0431 or write to us using our online contact page.
Cocoa Beach Office
1980 N Atlantic Ave, STE 218
Cocoa Beach, FL 32931
What Our Clients Have to Say:
“Chad Robinson always responded immediately whenever I had questions or concerns. He worked hard to make sure I received what I deserved.”
Rating: 5/5 ⭐⭐⭐⭐⭐
“AMAZING and understanding attorneys! Did great on my case and I highly recommend Dolman Law Group Accident Injury Lawyers, PA for anyone that has been injured in an accident!”
Rating: 5/5 ⭐⭐⭐⭐⭐
Read more reviews on Google!
Is the statute of limitations the same for all personal injury claims?
The statute of limitations is the date by which you must file your Cocoa Beach personal injury claim in court. The statute of limitations in most Florida personal injury claims is four years from the accident’s date.
There are, however, some exceptions.
- The statute of limitations on medical malpractice claims is generally two years from the error resulting in injury. However, because not everyone immediately discovers injuries resulting from medical negligence, Florida law allows the claimant four years to file the claim. Claims involving a health care provider who attempted to conceal the error that resulted in injury receive seven years from the date of the error to file a court claim.
- Claims involving children can be filed until the child reaches their 18th birthday.
- Claims against governmental agencies often feature a slightly different process and a much shorter time frame. If a negligent employee of a governmental agency injured you, contact our personal injury lawyers as soon as possible. Our experienced lawyers can protect your right to seek compensation for the expenses related to your injuries.
What does the Cocoa Beach personal injury claims process entail?
The Cocoa Beach personal injury claims process generally begins when an injured claimant hires an attorney to assist them. The attorney will conduct a thorough investigation of the claim to determine all sources of liability and all insurance resources you can access to compensate for your accident’s expenses and impacts.
The attorney will also gather the documentation needed to prove medical and other expenses. When the claimant has reached maximum medical improvement, the attorney will establish a value for the claim. Most personal injury attorneys prefer to wait until this point to value the claim. At this point, the claimant’s physician determines that they have reached the point in their recovery when they will make no more meaningful progress, even if treatment continues.
Once establishing the claim’s value, the claimant’s attorney will submit the claim as a demand to the provider of the at-fault party’s liability insurance policy. The insurance provider will then assign a claims adjuster to evaluate the claim and determine if the claimant deserves compensation. The claims adjuster can accept or deny the claim outright, but more often, they will make an offer to settle the claim out-of-court for less than its established value. The claimant’s attorney can negotiate with the claims adjuster to convince them to increase their offer to a level that the claimant believes fairly compensates them for the expenses and impacts of their injury.
If the insurance provider fails to compensate the claim, you can file a personal injury lawsuit and let the court determine the source of liability and whether you deserve compensation.
What is liability in a personal injury claim, and how is it proven?
Liability is the legal responsibility of an at-fault party to compensate for the harm they have caused to others. Most personal injury claims involve unintentional errors on the part of the liable party resulting from carelessness and recklessness, also often referred to as negligence.
The elements of negligence you must prove in your claim are:
- The at-fault party had a duty in a given set of circumstances to take reasonable actions to avoid causing harm to others.
- A breach of the duty occurred when the at-fault party took careless or reckless actions that were contrary to the protection of others.
- The breach caused a Cocoa Beach accident that injured you. Your injury incurred monetary and psychological costs.
How will it affect my claim if I partially caused the accident?
In Florida, individuals can seek compensation from liable parties even if they also had some liability for the accident. Generally, the claimant’s liability will reduce the compensation they may receive for their injury. However, many claimants who believe they were partially liable are not. Your lawyer can investigate and determine your role (if any) in the accident.
Personal injury claimants need to disclose their potential liability to their attorney as soon as possible so their attorney can better limit the impacts of that liability on their claim.
What accidents allow me to file a claim against my personal injury protection policy?
Florida requires drivers to carry a personal injury protection (PIP) insurance policy carrying at least $10,000 in coverage when registering a vehicle. This coverage provides partial coverage of wage loss and medical expenses after the claimant has become injured in a car accident, regardless of who was at fault. Coverage is also available for the named insured and members of their household for injuries incurred in traffic accidents in which they were bicycling or were pedestrians.
If a person who does not have a liability insurance policy injures me, can I still file a claim?
According to a study by the Insurance Research Council, more than one in five drivers registered in the state does not have insurance, and many other individuals throughout the state —including Cocoa Beach—do not have other types of liability insurance, including homeowner’s, renter’s, or commercial liability insurance.
Experiencing injury at the hands of an uninsured negligent person makes for a complex personal injury claim. This is because insurance pays nearly all personal injury claims. You may file a personal injury lawsuit against an uninsured person and even receive a court award in your favor. However, you may not collect on the claim, as most uninsured people or businesses cannot afford to pay for personal injury expenses out-of-pocket.
An experienced personal injury lawyer from Dolman Accident Injury Lawyers, PA, can help you explore the legal options available if you have become injured in an accident caused by an uninsured party. Sometimes, these options include filing a claim against another source of liability that happens to be insured. Other times, the options can involve seeking compensation through your insurance policies, such as PIP, uninsured/underinsured motorist policy, or even the health insurance policy you obtained through your employer.
If an accident injured my child, can they file a personal injury claim?
Children under 18 cannot file a legal claim on their own. However, a parent or guardian is permitted to file a claim on behalf of the child. Additionally, the statute of limitations is commonly tolled for child injuries, meaning they can file their claim within four years of the date of their 18th birthday. Each option has its advantages. Filing the claim for your child may lead to obtaining compensation more quickly, while waiting until the child is 18 allows them to decide on how much is needed to compensate the claim fairly.
What services do Cocoa Beach personal injury lawyers provide for their clients?
The experienced Cocoa Beach personal injury lawyers from Dolman Accident Injury Lawyers, PA, provide several services to assist their clients, including:
- Investigating the claim to discover all sources of liability and insurance resources that can compensate the claimant.
- Establishing a value of the claim that accounts for the amount of insurance the at-fault party has, the severity of the injury, and how much income the claimant earned before an injury that either temporarily or permanently impaired their ability to work.
- Communicating with the claims adjuster to garner a fair settlement offer.
- Managing the timelines of the claim to file the lawsuit in court before the statute of limitations expires.
- Guiding the claimant to help them understand how their claim is valued and the level of compensation that would constitute a fair settlement offer for the claim. Attorneys do not decide whether to accept a settlement offer; that task belongs solely to the claimant.
- Gathering the evidence, testimony, and documentation needed to prove liability and expenses.
- Litigating the claim, including depositions, interrogatories, the filing of motions, the preparation of evidence exhibits, and the delivery of opening and closing arguments.
- Collecting the settlement or award.
- Representing the claimant if the defendant appeals the court’s decisions regarding liability or the amount of compensation awarded.
How much does hiring an experienced Cocoa Beach personal injury lawyer to assist me with my claim cost?
In courtroom dramas on television or movies, an individual pays a retainer and an exorbitant hourly rate to obtain assistance from an attorney. In the real-life personal injury arena, however, individuals can obtain answers to their legal questions and more information about the personal injury claims process in Cocoa Beach through a free case evaluation.
Additionally, the contingent fee billing method used by most personal injury attorneys allows the claimant to have an attorney begin work on the claim without any upfront investment for attorney’s fees. In fact, due to the contingent fee, the claimant does not have to pay for their attorney’s services until there is a favorable outcome to their claim. If they lose the case, they owe nothing to the attorney.
When the claimant hires an attorney to work on their claim, they will enter into a contingent fee agreement. This agreement details the services provided to the claimant and designates a percentage of the award or settlement paid to the attorney after the case.
When a settlement or court award is received, the proceeds will be sent from the insurance company directly to the claimant’s attorney, who will deposit them into a trust account.
From this trust account, the attorney will deduct the percentage of the award owed to them for their services and will also satisfy any medical liens placed on the award by health care providers or group health insurers. Finally, the attorney will meet with the claimant to sign paperwork finalizing the case and release the remainder of the compensation to them.