Bicycle Accidents

Criminal Defense

Have You Been Charged With A Crime?

Being charged with a crime is a frightening experience. Often those accused feel powerless. You may be outgunned by a system that you do not understand. On such a playing field, and with so much at stake, it’s important to have a strong advocate on your side.

Ask For An Attorney And Remain Silent

If you or a loved one is facing criminal charges, our attorneys at Tuttle Law, P.A., can help. The first thing you should do after an arrest is to ask for an attorney. It is vital that this is done as soon as possible. Second, do not answer any questions and if they persist, tell them the interview is over and wait until we arrive.

We have the knowledge and experience to represent your interests. We understand the process, and we can protect your rights and work to obtain the best results for your case. With your freedom at stake, we do protect your rights and investigate your charges. Call our office at 772-563-0032 right away.

An Aggressive Defense For A Variety Of Criminal Charges

We build a tough defense for you by taking the time to listen to your situation. We have substantial experience working with clients facing a wide range of charges, including:

• DUI/DWI
• Driving offenses
• Assault and battery
• Drug offenses
• Property offenses
• Resisting arrest
• Probation violations
• Juvenile offenses
• Theft and fraud

We will explain the law to you, how it applies to your facts and inform you about the possible defenses to your charges. We provide straightforward advice and encourage you to participate meaningfully in your defense.

Charged With A DUI/DWI?

In Florida, a charge of driving under the influence carries significant negative legal consequences. It is also commonly referred to as a DWI in other states. Common penalties for a DUI conviction include jail time, fines, license suspension, ignition interlock requirements, addiction counseling and community service. When facing DUI charges, the consequences are severe. They have the potential to have lasting effects on your life and the lives of those closest to you. It’s important to consult an experienced attorney. At Tuttle Law, P.A., our attorneys can help protect your rights and work vigorously to minimize the future consequences of a DUI arrest.

Drug/Prescription Medication-Related DUIs

The charge of driving under the influence covers more than drinking alcohol and driving. Drivers in Florida can be charged with DUI after using a wide range of substances. These substances not only include illegal drugs, but also over-the-counter and prescription medications as well. If you have been charged with a DUI for using a medication that was prescribed for you, call us at 772-563-0032.

Are You Facing Boating Under The Influence Charges?

Operating a watercraft under the influence of an intoxicating substance is like a DUI. It can carry many of the same types of penalties associated with a DUI in a motor vehicle. These penalties include probation, imprisonment and large fines.

Several factors may increase the severity of punishment. These include the presence of minors, the level of intoxication, and a prior history of boating under the influence or driving under the influence. Any watercraft used in an instance of BUI must be impounded or immobilized for a period of time. The owner, leaser or renter of the vessel must pay all associated fees.

Bicycling Under The Influence Allegations

Floridians and visitors to our state beware! You can be charged with driving under the influence while riding a bicycle. Furthermore, you can be arrested for being intoxicated and operating any transportation device. This includes anything that moves a person from one place to another, such as scooters, skateboards, golf carts and lawn mowers.

Drivers Often Underestimate The Risk Traffic Offenses Pose

A traffic offense is a serious matter. It is never “just a traffic ticket.” Each offense erodes your ability to maintain your license and legally drive. And driving is necessary in Vero Beach and anywhere in Florida. Without a license, you would have difficulty keeping a job, going to school or even running to a store. We understand that while driving is a privilege, it is also essential. We work to help you overcome these charges and move on with your life.

Traffic offenses can include any violation that occurs while operating a vehicle on a public highway. Some of the most common traffic charges in Florida include offenses such as:

• Driving with a suspended license
• Driving with no valid license
• Reckless driving
• Leaving the scene of an accident (“hit and run”)

Each of these violations is punishable by probation, jail time and/or fines. It is important that you take every traffic offense as a serious matter and consult a lawyer as soon as possible. Ignoring these charges can eventually lead to the loss of your license and additional serious criminal charges being added to your record.

Facing An Assault Or Battery Charge?

The terms “assault” and “battery” are often used interchangeably to describe any number of violent crimes. Yet, these terms have two distinct definitions under Florida law. If you have been charged with these offenses, our attorneys will work to defend you and protect your rights.

Assault is defined as a threat to do bodily harm upon another person. It can be charged as a misdemeanor or a felony depending on the nature of the threat involved. The crime of assault can be broken down into two categories: Misdemeanor assault or “simple” assault, or aggravated assault.

Battery is touching or striking another person against their will. Like assault, it can be charged as a misdemeanor or a felony. Being charged with these types of violent crimes is a serious matter. In addition to the penalties, these charges, like all criminal convictions, carry a strong social stigma that can haunt your future. The penalties include jail time, probation, required counseling, fines and the payment of restitution.

Sometimes assault and battery charges are a result of a variety of situations ranging from simple horseplay to dangerous brawls. Our experienced attorneys will review your facts and explain the potential defense to these charges. We have helped hundreds of people facing assault and battery charges with positive results.

Victim-Based Enhancements

Even in the absence of serious harm, if a misdemeanor battery is committed against certain victims, the misdemeanor charge can be enhanced to a felony. These victims are as followed: a child, person over 65, law enforcement officer, firefighter, emergency medical care provider, sports official and certain government employees. If your charge is against anyone who falls under these guidelines, it may be enhanced to a felony.

Assault and battery charges are serious. A criminal conviction can damage your ability to obtain a job or even somewhere to live. Call us for help with these charges: 772-563-0032.

Bail Reductions (Bond Reductions)

Those who are arrested and taken to jail are entitled to release pending trial on “reasonable conditions.” For most, “reasonable conditions” include the posting of monetary bail. Bail is a sum of money that the court holds as a form of deposit. If the defendant fails to appear in court as directed, the judge can take the deposit, and issue a warrant for the defendant’s arrest for “failure to appear.” Small mistakes can have large repercussions for your case. Our attorneys can help prevent this from happening with our seasoned representation at every stage of your prosecution.

Theft And Fraud Charges Range In Seriousness

There is a wide range of criminal offenses that fall under theft and fraud charges. Punishable as misdemeanors to first-degree felonies, penalties can include up to 30 years in prison. Our attorneys have successfully defended individuals charged with a misdemeanor to felony crimes in Indian River and St. Lucie County, including:

• Petit theft
• Grand theft
• Dealing in stolen property
• Giving a false statement to a second-hand dealer
• “White collar” crimes
• Organized fraud
• Criminal use of personal identification information
• Fraudulent use of a credit card
• Robbery

There is often more at stake than spending time in jail if you are convicted of theft or fraud. Criminal background checks are common. Those with theft charges on their criminal records experience long-lasting difficulties in their lives. If you have been charged with misdemeanor shoplifting, felony embezzlement, or dealing with charges for a worthless or forged check, our experienced lawyers can help. We will develop a defense that best protects your rights and interests.

Charges For Drug Offenses In Florida Can Be Confusing

Drug offenses in Florida are varied. Prosecutors use this to make charges difficult to understand and as threatening as possible. They intimidate those accused into making a plea out of fear. Regulated drugs are known as “controlled substances.” Florida’s controlled substances statute covers over 100 different chemicals. This means that while the street name of the drug or substance may not be listed, the drug is still encompassed by the statute.

Suspicion of any of the following acts with controlled substances may form the basis for an arrest and criminal prosecution:

• Possession
• Possession with intent to sell
• Sale, distribution and/or delivery
• Manufacturing or cultivation
• Possession of paraphernalia

The penalties for drug crimes vary greatly. They can range from probation, mandatory addiction counseling, and fines, to long-term mandatory prison sentences. An adjudication of guilt for the mere possession of a controlled substance, like marijuana, results in a one-year driver’s license suspension. This may seem extreme. These extreme penalties are why it’s important you have a knowledgeable and experienced lawyer in your corner.

What Is A Property Offense?

The term “property offenses” is a broad term, encompassing a great deal of conduct. “Property offenses” describe crimes that prohibit certain actions on land, residences, business establishments or of personal belongings. Even though “property offenses” cover a wide range of actions, there are three common charges:

• Trespass
• Criminal mischief
• Burglary

Many of those who are arrested for property crimes do not realize the seriousness of the charge. What may seem like a minor act can result in significant, negative legal consequences. These charges can range from vandalism to refusing to leave a piece of property after being asked, and can result in misdemeanor or felony charges.

Resisting Arrest And Obstructing Justice

In Florida, resisting arrest and obstructing justice are classified under the same criminal statutes. It is illegal to resist, obstruct or oppose any law enforcement officer who is lawfully executing a legal duty. The two most commonly charged versions of this offense are:

• Resisting an officer without violence
• Resisting an officer with violence

Both charges are punishable by jail time, probation and fines. Yet, for obvious reasons, resisting an officer with violence carries more significant penalties. These charges are most often seen when a person resists the actions of a police officer. However, they can be charged in other circumstances, including obstructing any state officer, a probation officer or a corrections officer.

Are You At Risk Of Violating Your Probation?

Probation is a form of punishment that may be used against those convicted of criminal offenses. Those who are sentenced to probation are allowed the opportunity to live in the community rather than in jail or prison. In exchange for that opportunity, the probationer agrees to abide by many terms and conditions. Probation terms are defined by the sentencing judge. The compliance with those terms is supervised by parole and probation officers. Call us at 772-563-0032 for the help you need with this process and to explain what you need to do to avoid a violation.

Understanding Weapon Offenses

If you are charged with a firearms violation, you could be facing steep fines, loss of possession right and jail time. Florida weapons offenses charges include:

• Improperly displaying a firearm or weapon
• Carrying a concealed weapon
• Possession of an illegal firearm
• Possession of a firearm by a convicted felon

Is Your Loved One Struggling With Juvenile Offense Charges?

Juvenile charges can be troubling. Children often fail to recognize the seriousness of their conduct. Children under 18 years of age who are alleged to have committed criminal offenses in Florida are charged and prosecuted pursuant to Chapter 985 of the Florida Statute. The types of actions that are prohibited by law are the same for both juveniles and adults. But, the procedure by which juveniles are arrested and charged with crimes is completely different than that of the adult system. Our team can help you deal with the challenges of juvenile prosecution.

Our attorneys at Tuttle Law, P.A., have the experience to guide you through the complex legal process and protect your constitutional rights. Criminal charges are always serious. Don’t delay, email us or call us: 772-563-0032.

Traumatic Brain Injuries

Brain Injury Lawyer Florida

Few injuries are as life-changing as traumatic brain injuries (TBIs). Traumatic brain injuries can occur in a wide variety of circumstances, from seemingly trivial falls to catastrophic car accidents. They can occur with children involved in recreational activities and sports, and the elderly falling on an uneven sidewalk. A traumatic brain injury can leave a person in a coma or with subtle changes to their personality. Each brain injury lawyer Florida families trust at Tuttle Law, P.A., understands the severity of these injuries, and they will vigorously work to recover compensation that will allow you to obtain the medical care you need.

A Significant Number of TBIs Are a Result of Car and Truck Crashes

While many newer vehicles have numerous safety features that have reduced the likelihood of some of these injuries, the enormous forces imparted to occupants inside a vehicle during a collision still lead to many people suffering concussions and TBIs. When these motor vehicle crashes are severe, the injuries are significant and life-changing.

You Want a Thorough Medical Exam

In some collisions, you may think you’re okay, even after suffering a blow to the head. You may think you don’t need to see a doctor you may have even blacked out, but you feel fine now. Don’t make this mistake. Concussions can cause a serious traumatic brain injury, even if your head does not appear to be seriously injured. Traumatic brain injuries are caused by the brain striking the inside of the skull.

It is essential that you have a complete examination, to accurately document your condition and to ensure that doctors can observe your behavior and look for any symptoms of a TBI. These types of concussions can lead to problems later, such as loss of an ability to concentrate, short- or long-term memory loss, and changes to your personality or behavior.

Symptoms of Brain Injuries

Mild Brain Injuries and Concussions

The mildest form of a brain injury is a concussion, but even a concussion can have a significant impact on a victim’s daily life, even if it is only a temporary one. Symptoms of a concussion include balance issues, confusion, dizziness, double vision, headaches, light sensitivity, nausea, noise sensitivity, and vomiting. These symptoms eventually do go away, however, some victims end up developing post-concussion syndrome (PCS). Symptoms of PCS include anxiety, concentration issues, depression, irritability, and memory issues. In some cases, a PCS victim can also suffer from chronic headaches, dizziness, and insomnia. PCS symptoms have been known to last for months after the injury, causing a major impact on the victim to function at work, school, or in their daily life.

Moderate to Severe Brain Injury

There are many types of incidents that can leave a victim with a severe brain injury. Some of the more common that a Florida brain injury lawyer sees in the lawsuits he or she has handled include:

•   Assaults
•   Bicycle accidents
•   Construction accidents
•   Fall from heights
•   Motorcycle accidents
•   Pedestrian accidents
•   Sports

Victims of moderate to severe brain injuries have the same symptoms as a victim with a concussion or other mild brain trauma, but also can suffer from inability to awake from sleep, loss of consciousness, loss of coordination, numbness, seizures, and weakness. There are also significant cognitive difficulties a brain injury victim may have such as agitation, confusion, and other extreme personality changes. There are also physical conditions that come with severe brain injuries, including:

•   Buildup of fluid on the brain (hydrocephalus)
•   Paralysis of the face
•   Blood vessel damage which can cause blood clots or strokes
•   Difficulty with communication
•   Difficulty with executive functioning (thinking, planning, self-control, self-monitoring, working memory, organization, time management)

 Financial Compensation for Brain Injuries

Victims who have sustained brain injuries in accidents caused by other parties can pursue a personal injury lawsuit against those parties. A Florida brain injury lawyer will evaluate the victim’s case and determine what damages they may be entitled to. Some of the typical losses brain injury victims can recover include the following:

•   Past, present, and future medical expenses
•   Cost of home or residential care if the victim is left unable to care for themselves because of the injury
•   Loss of income and benefits while recovering
•   Loss of future income if the victim is left permanently disabled
•   Pain and suffering
•   Emotional anguish
•   Permanent disability
•   Loss of the ability to enjoy day-to-day activities

Let Our Personal Injury Law Firm Help

If you have suffered a brain injury because of a car accident, fall, or other incident caused by the negligence of another party, you may be entitled to financial compensation for the losses your injuries have caused you. Contact Tuttle Law P.A. to schedule a free and confidential case evaluation with a dedicated Florida brain injury lawyer. Call our office today. 

Wrongful Death

Wrongful Death Lawyer Florida

When a loved one is killed in an accident caused by another party’s negligence or recklessness, Florida law allows the family of the victim to pursue a wrongful death lawsuit against those responsible. At Tuttle Law, P.A., each wrongful death lawyer Florida clients turn to understands that no amount of money will ever make up for the tragic loss of a loved one. We also understand that this sudden loss is not only emotional devastation, but it can also be financially devastating.

Wrongful Death Lawsuit

Generally, a wrongful death lawsuit can be filed in incidents where if the victim had survived, they would have been entitled to file a personal injury lawsuit in order to obtain financial compensation for their medical expenses, loss of income from being unable to work, pain and suffering, emotional anguish, permanent disability, loss of life enjoyment, and more. These dame losses can be pursued under a wrongful death action filed by the victim’s survivors.

Under Florida’s wrongful death statute, all potential beneficiaries, as well as the victim’s estate, can pursue a wrongful death lawsuit. The lawsuit can be filed by a victim’s spouse, children, parents (if the victim is a minor), and representative of the victim’s estate.

Damages include the value of the loss of support and services from the date the victim was injured until their death, as well as the value of future loss of support and services. Other damages that can be collected depend on which beneficiary is filing the lawsuit:

•       The victim’s spouse: May also seek damages for loss of the victim’s companionship and protection, as well as damages for the mental anguish for their loss.
•       The victim’s children: May also seek damages for loss of parental guidance, companionship, and instruction, as well as damages for the mental anguish for their loss.
•       Parents of a minor child: May also seek damages for the mental anguish for their loss. If the victim was an adult child who had no spouse or children, the parents pursue a wrongful death lawsuit.

The representative of the victim’s estate can pursue damages for an array of losses:

•       Loss of income from the day the victim was injured until the day they died.
•       Loss of future income
•       Medical expenses
•       Funeral and burial expenses

There are a number of situations that can result in a wrongful death lawsuit. Some of the more common that a Florida wrongful death lawyer sees in the cases he or she handles include:

•       Distracted driving accidents
•       Drunk driving accidents
•       Motorcycle accidents
•       Truck accidents
•       Bicycle accidents
•       Pedestrian accidents
•       Premises liability accidents
•       Workplace accidents
•       Medical malpractice
•       Dangerous or defective products

A Difficult Process

Wrongful death cases are difficult and tragic. No amount of money can truly make up for the loss, but a successful wrongful death case can bring a sense of closure by obtaining justice and financial compensation for their contributions to your family. The difficulty of these cases can be compounded by the fact that you are forced to deal with complex legal issues at a time when your world has been turned upside down, and you and your family are grieving. This is where we can assist.

At Tuttle Law, P.A., our attorneys are experienced with these legal complexities. We are highly sensitive to the emotional tumult everyone is undergoing. We can lift the burden of the legal aspects, ensuring you are not taken advantage of by insurance companies or their defense lawyers.

We can help your family with the complex calculus of bringing a wrongful death case. Call our office today to schedule a free and confidential consultation with a Florida wrongful death lawyer and find out how we can help.

Pedestrian Accidents

Slip-And-Fall Accidents

Slip and Fall Accident Lawyer Florida 

As their name implies, a slip-and-fall accident occurs when someone slips, trips, or falls and suffers an injury. These accidents are sometimes treated dismissively, as if they are not capable of causing serious injuries, but falls are one of the leading causes of injury and death in the U.S., and when they result from negligence, a slip and fall accident lawyer Florida clients recommend at Tuttle Law, P.A., work aggressively to hold those negligent parties accountable.

Who is responsible when someone falls at a business?

When you are injured in a slip and fall or trip and fall accident, a property owner is only responsible under Florida law if the injured party can prove that the property owner was negligent.  Generally, the injured party must prove that there was a dangerous condition that caused the fall and that the property owner knew or should have known about the dangerous condition prior to the fall.

What are the common causes of slip and fall and trip and fall accidents?

Slip and fall accidents are often caused by liquid on the floor of a business.  It can be very difficult for a customer to detect the presence of a clear liquid on the floor of a store.  Trip and fall accidents are often caused by uneven or poorly maintained walkways.  After these incidents occur, business owners often try to blame the injured party.

What should I do immediately after a slip and fall or trip and fall accident?

You should take photos of the dangerous condition that caused you to fall.  Once a spill is cleaned, defendants will often try to deny that a dangerous condition ever existed.  Also, it is important to get the names of witnesses.  Many clients tell us that other customers came to their aid after a fall and that the other customers commented about the dangerous condition.  Do not count on the store to get the names of these witnesses.

How long do I have to pursue a slip and fall claim?

Generally, the statute of limitation in Florida for a slip and fall case is four years.  That means that a lawsuit must be filed within four years of the date of the accident or you will lose the right to seek compensation.  If the defendant is a government entity, there is an additional requirement that the injured party put the government entity on notice of the claim within three years.

Steps to Take After a Slip and Fall Accident

A Florida slip and fall accident lawyer knows that there are many incidents that can result in a slip and fall accident where the victim ends up injured. While some fall injuries are relatively minor and only need a short recovery time, there are many victims who suffer serious injuries requiring surgeries, hospitalizations, and long-term rehabilitation. These situations can leave the victim unable to work or even enjoy day-to-day life because of the pain and suffering they are dealing with. If the fall was caused by another party’s negligence, then a slip and fall lawyer Florida clients trust can help the victim pursue damages in a premises liability claim. Victims of slip and fall accidents should do the following:

Seek Out Medical Attention Right Away

Whether it is at the emergency room or an appointment with your primary doctor, it is important to get medically evaluated immediately following the fall in order to evaluate any injuries you may have sustained and begin treatment. Even the healthiest of victims can sustain serious injuries in a fall that can end up causing long-term damage. Some of these injuries do not always present symptoms right away, but failure to diagnose right away can be dangerous for the victim. Injuries to the brain, spine, or internal organs can be fatal or leave the victim with permanent damage if left untreated.

It is also important to have your injuries medically documented in order to prove that you did suffer injuries in the fall if you decide to pursue a premises liability lawsuit in the future.

Report the Fall to the Owner or Manager of the Property

Florida law requires property owners to keep their properties free of any unreasonable hazards. While an owner cannot prevent every injury, they do have a legal duty to prevent accidents that are completely avoidable. If you are injured in a fall, make sure you let the owner of the property know. If the property is a business and you aren’t sure who the owner is, report the accident to whoever the manager or the person in charge is.

Document All Evidence

Your Florida slip and fall accident lawyer will use all available evidence to help prove that your fall and subsequent injuries were a result of negligence of the property owner. If you are able, take photos of the hazardous condition that caused you to slip and fall. If there were any witnesses to the accident, make sure to take down their names and contact information. It is also a good idea to write down the sequences of events as soon as possible while the event is still fresh in your memory.

Contact Us Today If You Have Injuries

If you were injured in a store, restaurant, or another business, our lawyers can help. Call Tuttle Law, P.A. to make an appointment with a Florida slip and fall lawyer accident and find out how we can help.

Dog Bites

Dog Bite Lawyer Florida

According to statistics from the Centers for Disease Control and Prevention (CDC),  there are approximately 4.7 million people bitten by dogs in the United States each year. This comes out to one in 70 people who become victims of dog bites each year. If you have suffered a dog bite or attack, contact a dog bite lawyer Florida families trust from Tuttle Law, P.A. to find out what legal recourse you may have for the losses your injuries have caused.

Although it is rare that dog bites result in the victim’s death, many of these attacks do result in serious to severe injuries. National statistics show that more than 800,000 dog bites result in the victim being hospitalized every year. Even though most dogs are lovable and friendly animals, a dog that is triggered or provoked can very quickly become a dangerous one. The following are some of the more serious injuries dog bite victims can suffer.

Injuries of the Victim’s Face

Dog bites to the face can be devastating for the victim because of the permanent damage and scarring these bites can leave. In addition, bite injuries to the victim’s mouth area can have a significant impact on their ability to speak or eat. If the dog bites or claws at the victim’s eyes, they can suffer blindness. Dog bites or mauling to the face often require extensive reconstructive surgery. The cost of these surgeries is often substantial and should be included in any dog bite lawsuit settlement or award the victim files.

Injuries to the Victim’s Limbs

Many dog bite injuries are to a victim’s arms or legs. Legs are especially vulnerable because an attacking dog has immediate access to the legs. Hands and arms are often bitten if the victim is attempting to pat the dog when the attack occurs. They may also be injured if the victim uses their hands or arms to protect themselves against the attack. Dog bite injuries to limbs can cause nerve damage which can end up being permanent. There is also a high risk of infections, including Pasteurella, MRSA, or rabies that can put the victim’s health at serious risk.

Injuries to the Victim’s Neck

Children are often the victims of dog attacks and because of their size, injuries and bites are usually to their head and neck area. Dog bites to the neck can be fatal because of the risk of he excessive trauma and hemorrhaging. Children who do survive these kinds of attacks often suffer significant and permanent nerve damage, including permanent damage to vocal cords, leaving the child unable to speak.

What Florida Law Says About Dog Bite Accidents

When bitten by a dog, Florida law states the victim may be entitled to compensation. This is true even if the victim was somehow negligent and contributed to the bite. However, their carelessness or negligence will lower the dog owner’s liability.

If a dog bite occurs on the owner’s property, the owner will generally be found liable unless the owner had an easily readable sign displayed in a prominent place that included the words, “Bad Dog.”  However, there are exceptions to this. If the victim was under the age of six, or if a dog bites a victim of any age and the injury was caused by the dog owner’s negligence, having such a sign displayed will not shield the dog owner from liability for injuries their dog causes.

How Our Lawyers Can Help with Your Dog Bite Case

Hiring an attorney to represent you in a dog bite action means you have an advocate on your side, helping to make sure the dog’s owner is held accountable. The dog’s owner, or his or her insurance company, may offer you money as compensation after a dog bite injury. Have an attorney review your case before you accept such a settlement. An experienced personal injury attorney can provide an objective evaluation of the case and offered settlement amount, making sure you receive fair compensation.

Tuttle Law, P.A., Has the Knowledge And Experience You Need

Dog bites can cause serious injury to a person. If you or someone you love was injured because of a dog bite, it is important to understand that you have rights under Florida law. When you choose to work with Tuttle Law, P.A., you can have the confidence and peace of mind that comes from knowing your attorney is compassionate and fair but isn’t afraid to be aggressive about fighting for your rights. We work hard to help injured people get justice.

Each Florida dog bite lawyer at Tuttle Law, P.A., has successfully helped many victims of dog bite injuries recover the compensation they are owed. To learn more about dog bite cases, call us or contact us online today to schedule a free initial case evaluation in our Vero Beach office.

Premises Liability

Negligence Standards For Premises Liability Cases

“Premises liability” is the legal name for the concept that landowners have a duty to others to prevent unreasonable harm when they visit a property. It is often used when someone is hurt or injured in a number of scenarios. For instance, if you were injured by another patron at a bar who had become aggressive, you may have a premises liability claim against the bar.

Buildings are supposed to be kept in a safe condition, so if you fell because a stair railing broke, that would likely be premises liability. Slip-and-fall cases, like those involving spills in a store, are also a type of premises liability matter.

These claims are often difficult and complex. There are different legal standards for different individuals. If you visit a store, restaurant or other places of business, you are a business invitee, and the property owner has a duty to prevent accidents from leaving invitees injured.

If you are a “licensee” who is invited explicitly or impliedly, the property should be safe, or the owner should warn of hazards. A “trespasser” is one who typically has no right to be on the land. Trespassers are owed the lowest duty of care.

Preserve Evidence And Identify Witnesses

Other issues involve collecting and preserving evidence. If you attacked in a bar, you will need witnesses and a strong case that you were not the instigator of the fight. Cases with children are also complex, as even if they were trespassing, landowners may still owe them a higher duty. Dog bite injury cases are complex cases as well.

At Tuttle Law, P.A., our lawyers can help you with any matters involving questions of premises liability. We can explain the law in Florida, discuss the facts of your case, your injuries and help determine if they present a viable circumstance of negligence on the part of the property owner.

Frequently Asked Questions About Premises Liability

Who is responsible when someone falls at a business?

When you are injured in slip and fall or trip and fall accident, a property owner is only responsible under Florida law if the injured party can prove that the property owner was negligent.  Generally, the injured party must prove that there was a dangerous condition that caused the fall and that the property owner knew or should have known about the dangerous condition prior to the fall.

What are the common causes of slip and fall and trip and fall accidents?

Slip and fall accidents are often caused by liquid on the floor of a business.  It can be very difficult for a customer to detect the presence of a clear liquid on the floor of a store.  Trip and fall accidents are often caused by uneven or poorly maintained walkways.  After these incidents occur, business owners often try to blame the injured party.

What should I do immediately after a slip and fall or trip and fall accident?

You should take photos of the dangerous condition that caused you to fall.  Once a spill is cleaned, defendants will often try to deny that a dangerous condition ever existed.  Also, it is important to get the names of witnesses.  Many clients tell us that other customers came to their aid after a fall and that the other customers commented about the dangerous condition.  Do not count on the store to get the names of these witnesses.

How long do I have to pursue a slip and fall claim?

Generally, the statute of limitation in Florida for a slip and fall case is four years.  That means that a lawsuit must be filed within four years of the date of the accident or you will lose the right to seek compensation.  If the defendant is a government entity, there is an additional requirement that the injured party put the government entity on notice of the claim within three years.

Contact Us Today If You Have Injuries

If you were injured in a store, restaurant or another business, our lawyers can help. Call our Vero Beach office to make an appointment at 772-571-4441 or use our online contact form.

Motorcycle Accidents

Car Accidents

No One Plans For A Car Accident

Whether you are visiting Vero Beach or are a lifelong resident of Indian River County, no one gets into their car expecting to be involved in a collision or crash. An accident involving a vehicle can leave you with severe injuries, and you may be confused about how to proceed.

Our attorneys at Tuttle Law, P.A., can help. We have helped hundreds of injured people recover compensation after they have been hurt by another driver’s negligence.

You Need An Experienced Guide

After a crash, your first priority is to have your medical needs attended to, both to protect your health and document your condition after the crash. If possible, you should collect any and all evidence from the scene of the crash, including photos of the vehicles, their damage and positioning on the road.

Photos of the condition of the road, and any obstructions, like large trucks, trees, signs or buildings, are also valuable. If possible, you should obtain a copy of the police report, and all contact and insurance information from the others involved.

Preparation Necessary For Successful Claims

Motor vehicle accident cases can be complex. The earlier you speak with an attorney, the stronger the case we can build. If you have been injured, the injuries could affect you for the rest of your life. There are deadlines for filing that can bar your claim if they are missed.

When you interact with insurance companies, you’re dealing with professionals who work with these claims every day. It’s important to keep in mind that much of their job is to minimize or deny your claim. The attorneys at Tuttle Law, P.A. can step in and handle all interactions with the insurance company, strongly make your case, and ensure that your rights are protected.

Our lawyers are experienced in these cases. We know how to build a compelling case from the evidence. We can help you document your injuries and your medical care, as well as see that your claims are filed correctly and on time. If you were injured in car or motor vehicle crash, our lawyers can help. Call our Vero Beach office to make an appointment at 772-571-4441 or use our online contact form.

Car Accident Lawyer Florida

According to statistics from the Centers for Disease Control and Prevention (CDC),  each year, there are almost 3 million people who sustain serious enough car accident injuries that they end up at emergency rooms. According to the Florida Highway Safety and Motor Vehicles Department, about 200,000 of those crashes occur right here in the state of Florida. If you have been injured in an accident caused by another driver, contact a car accident lawyer Florida victims recommend from Tuttle Law, P.A. to find out what type of financial compensation you may be entitled to.

The Cost of Car Accident Injuries

Even with all the safety systems and seat belts that are available to vehicle occupants, car accident victims still sustain serious to severe injuries. In addition to the physical and emotional impacts vehicle accidents can have on a victim, there are often financial impacts, as well. Car accident victims can find themselves with a pile of medical bills for the treatment they need for their injuries and lost wages from being unable to work while they recover. It is estimated that each year, car accident victims face about $18 billion in medical bills as they lose approximately $33 billion in lost wages.

These staggering figures are why every state has laws that allow car accident victims to pursue damages against those responsible for the accident and their injuries. A Florida car accident lawyer can help victims obtain compensation for all of their medical expenses and loss of income, as well as compensation for pain and suffering, mental anguish, permanent disability, and other losses their injuries have caused.

Common Car Accident Injuries

While there are a variety of injuries that a car accident victim can suffer, the following are some of the most common – and, potentially, some of the most serious:

•       Brain injuries: More than half of all brain injuries that occur each year in the U.S. are caused by car accidents. Brain injuries sustained in car accidents can range from concussions to skull fractures. Depending on the severity of the injury, the victim can be left with permanent brain damage, resulting in a dramatic impact on their quality of life.
•       Chest injuries: Drivers of vehicles are especially susceptible to chest injuries because of the tiny space between the steering wheel and the driver’s chest. Even with airbags, the impact can be severe, especially if either or both of the vehicles were traveling at high speeds. Victims can suffer bruising, fractured ribs, punctured lungs, and internal bleeding.
•       Spinal cord injuries: Even an apparent minor fender bender can cause injury to the spine. The most frequent spinal injury car accident victims sustain is whiplash, but fractures are also a somewhat common spinal injury. If a spinal injury is severe enough, the victim can be left permanently paralyzed.

Let Our Personal Injury Firm Help

If you have been injured in a car accident, contact Tuttle Law, P.A. to schedule a free and confidential consultation with a Florida car accident lawyer to find out what your legal options may be.