Many people visit Florida during the holiday season. Whether to get together with friends and family or enjoy the sun and warm weather while it is wintery at home, people have many reasons to come between Thanksgiving and New Year’s Day.
Unfortunately, no matter why you visit Florida for the holidays, you risk getting injured here. Numerous issues can put your safety at risk, from careless driving to negligent property management. Suppose you get injured in an accident during the holidays. In that case, prioritizing your health and legal rights will be essential—even if this means that your visit to Florida isn’t exactly what you had envisioned.
Common Accidents During the Holidays
We see several common types of accidents during the holiday season. Victims will be entitled to financial compensation for each kind of accident in many cases. With that said, there is no guarantee of an economic recovery, and if you have a claim, it will be up to you to take the first steps toward protecting your legal rights.
Some common examples of accidents during the holidays in Florida include:
- Auto Accidents—Auto accidents are a concern year-round. If you were injured in an accident while driving a rental car, riding in an Uber or Lyft, or riding with a friend or family member, you would want to speak with a lawyer about your legal rights promptly.
- Slips, Trips, and Falls—While ice and snow may not be present during the holiday season, several other slip-and-fall hazards can cause serious injuries. Trip hazards, escalator malfunctions, inadequate lighting, and other issues can cause falls.
- Accidents at Amusement Parks—Even though the holidays are a popular time for visiting Florida, this is the off-season for the state’s world-renowned amusement parks. As a result, many people come this time of year to take advantage of the smaller crowds. But, injury risks still persist, and falls, roller coaster malfunctions, and other types of accidents can (and do) lead to serious injuries.
- Swimming Pool and Hot Tub Accidents—Florida’s swimming pools are open year-round, a significant draw for many visitors. However, swimming pools and hot tubs require regular maintenance, and neglecting them over the holiday season can significantly increase visitors’ risk of serious injury.
- Boating, Fishing, and Water Sport Accidents—Boating, fishing, and water sports are popular winter activities in Florida. However, various issues can also lead to accidents on the water, from drunk boaters to negligent charter operators.
- Product-Related Accidents—From turkey fryers at Thanksgiving to the latest electronics under the Christmas tree, all types of products can (and do) malfunction unexpectedly. When these accidents happen, manufacturers deserve to be held accountable, and Florida’s product liability laws provide a clear path for victims to establish liability.
Again, these are just some of the most common examples. If you have been injured in an accident while visiting Florida for the holidays, you should consult a local lawyer promptly. Hiring a lawyer in this situation costs nothing out of pocket (and keeps you from dealing with the insurance companies during the holidays), and you will need a lawyer in Florida to investigate the accident and preserve key evidence before it disappears.
What You Need to Know About Filing a Claim for an Accident in Florida
While all personal injury claims share certain similarities, there are many key differences between different types of claims as well—and this is another reason why having an experienced lawyer on your side is essential. With this in mind, here is a very brief introduction to what you need to know in various situations:
Filing a Claim for an Auto Accident in Florida
Florida is a “no-fault” auto insurance state. This means that most drivers are not required to carry insurance that covers injuries when they cause an accident. As a result, if you have a claim for an auto accident during the holidays in Florida, you may find that you need to deal with your own insurance company—assuming that you have relevant coverage available.
However, some drivers opt to buy liability coverage even though they don’t have to. Additionally, rideshare drivers are subject to liability insurance requirements under Florida law. Most businesses also have commercial liability insurance policies that cover their drivers’ accidents. In other words, there are many potential scenarios, and you will want to work with an experienced local lawyer to ensure that you are pursuing all claims you have available.
Filing a Claim for a Premises-Related Accident in Florida
If you were injured at an amusement park, hotel, restaurant, store, marina, or any other business, you may also have an insurance claim in this scenario. Here, too, most companies have insurance that protects them in case of a liability claim. Florida’s premises liability laws give visitors clear legal rights in many circumstances. If you have a claim, a local lawyer can help you seek just compensation for your financial and non-financial losses.
What if you were injured while visiting a friend’s or family member’s home in Florida? This is yet another scenario where insurance comes into play. Homeowner’s insurance policies typically include coverage for accident-related injuries, and your friend or family member will almost certainly want you to take advantage of the coverage he or she has available.
Filing a Claim for a Product-Related Accident in Florida
Under Florida’s product liability laws, manufacturers can be held strictly liable for selling defective products. A product is considered “defective” if it comes with inadequate warnings or is unsafe for its intended use. Filing a claim with a significant product manufacturer differs from filing the other claims discussed above, so hiring a local attorney with relevant experience is critical.
All types of accidents can involve defective products, from auto accidents to fires and explosions. If possible, you should keep the product that injured you (or ask your friend or family member to keep it for you), and, in any case, you should be sure to keep any photos or videos you took in the aftermath of the accident.
Filing a Claim for an Accident on the Water in Florida
With accidents on the water, investigating promptly is essential, but it also presents obvious logistical challenges. A local lawyer with experience handling maritime injury claims will know what it takes to protect your legal rights—and should be able to get to work on your case immediately. While your lawyer is investigating, your focus should be on getting the treatment you need and, if possible, writing down everything you can remember about the accident.
Despite the inherent dangers of being on the water, many boaters and charter operators aren’t as careful as they should be. When negligence on the water leads to an accident, the negligent party can—and should—be held accountable. Product defects can cause (or contribute to causing) accidents on the water, so you will want to work with a local lawyer who handles not only maritime injury claims but also product liability claims.
Types of Damages Available to Accident Victims in Florida
As mentioned above, while there are several significant differences between different types of personal injury claims, all kinds of claims also share certain similarities. These include the types of damages that are available. If you were injured in an accident while visiting Florida for the holidays, an experienced local lawyer may be able to help you recover just compensation for your:
- Medical Expenses—If you have a claim, you are entitled to just compensation for all the medical expenses you incur due to your injuries. This includes any expenses for emergency treatment you receive in Florida and any expenses you incur once you return home. If you need ongoing medical care, it includes your future medical expenses.
- Other Out-of-Pocket Costs—If you were forced to cancel a flight (without a refund), extend your hotel stay, or incur any other out-of-pocket costs due to the accident, you are entitled to just compensation for these costs. You are also entitled to just compensation for any medical supplies and prescriptions you may need during your recovery.
- Lost Earnings—If you took time off from work to visit Florida for the holidays, you haven’t lost any income for the days you took off. But, if you miss additional days (or months or years) from work after your planned stay in the Sunshine State, you can—and should—include your lost earnings in your claim.
- Scarring and Disfigurement—If you were permanently scarred or disfigured in your accident (or if you will have permanent scars due to a surgical procedure), you are entitled to compensation above and beyond the costs of your medical care. Individuals who are forced to live with permanent reminders of their injuries are entitled to compensation for this “non-financial loss” under Florida law.
- Pain and Suffering—Pain and suffering are non-financial losses for which accident victims can—and should—seek just compensation. An experienced local lawyer will be able to help you understand how much you deserve to recover and assist with gathering the evidence needed to establish your claim for just compensation.
- Loss of Enjoyment of Life—From missing the holiday season to missing other events for years to come, it is not unusual for victims of serious accidents to experience substantial loss of enjoyment of life. This, too, is a type of non-financial loss for which just compensation is available under Florida law.
Here, too, these are just examples. From the loss of consortium to the cost of hiring cleaners and landscapers to do jobs that you can no longer do yourself, you may be entitled to just compensation for various other financial and non-financial losses as well.
But, once again, it is up to you to take action. No matter how badly you might want to, you should not ignore your situation during the holiday season. Instead, you should contact a lawyer promptly and rely on your lawyer’s advice to ensure you make smart decisions in your (and your family’s) long-term best interests.
Contact Us for a Free, No-Obligation Consultation
At Silva & Silva, our attorneys have decades of combined experience seeking just compensation for accident victims and their families. If you need to know more about your legal rights after an accident in Florida during the holidays, call 305-445-0011 or contact us online for a free, no-obligation consultation.