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 Paul E. Rice, Jr.
A
personal injury can be a devastating event physically,
emotionally, and financially. Rice & Rose Law can help you find out if
you are qualified to collect compensation for the injury and
damages sustained. It is always wise to confer as soon as
the injury occurs to find out the legal rights and options
available and to make sure your rights are protected.
More than one person can be held liable for the personal
injuries sustained, making it important to contact us to
fully understand what actions can be taken. Personal
injuries can occur in a wide range of accidents. The leading
causes of personal injuries can be attributed to vehicle
accidents, falls, and sports injuries. When a personal
injury occurs it is not just the hospital and doctor bills
that can be a burden but the loss of salary, benefits, and
normal life activities. Pain and suffering is factored into
personal injury settlements in addition to any mental
anguish. There are time constraints on taking legal action
for certain personal injury instances.
Personal Injury Lawsuits
Personal injury lawsuits
are filed by the victim of a personal injury against the
liable party in order to seek compensation for damages.
Personal injury lawsuits can be brought against a party for
negligence, strict liability or intentional wrongs. A party
can be charged in personal injury lawsuits for negligence if
they failed to prevent injury. Strict liability personal
injury lawsuits involve a party's defective product or drug.
Intentional wrong in personal injury lawsuits involves
willful or malicious wrongdoing on behalf of the liable
party.
Personal injury lawsuits can be brought under a variety of
circumstances. Rice & Rose Law handles personal injury
lawsuits in the following areas:
If personal injury caused
death, personal injury lawsuits can be filed by a decedent's
beneficiaries or dependants in order to seek compensation
for damages.
In personal injury lawsuits, a victim seeks compensation for
the injuries they have suffered. Compensation can include
medical expenses, disability or deformity, loss of income
and pain and suffering. In cases where the defendant acted
maliciously or willfully, punitive damages may also be
awarded. Punitive damages in personal injury lawsuits are
intended to punish the responsible party and deter others
from committing the same acts.
 Most personal injury lawsuits can be settled out of the
court system through negotiations with an adjuster from the
defendant's insurance company. If negotiations cannot be
reached in this manner, a Complaint of Law can be filed in
the appropriate civil court. Personal injury lawsuits are
best handled by a qualified attorney who can protect and
maximize a victim's interest.
The laws regarding personal injury lawsuits in each state
are different. All states have a statute of limitations
which places a time restriction on when personal injury
lawsuits can be filed. This time usually begins on the date
when the injury occurred, however there are exceptions to
this rule.
 In personal injury lawsuits, two things must be proven by
the victim. The first thing that must be established is that
the defendant was, in fact, responsible for the injuries
that were incurred by the victim. The extent of the damages
also must be proven in personal injury lawsuits.
If you feel that you might be eligible to file personal
injury lawsuits, contact Rice & Rose Law and we will advise you of
your legal rights and options in a case..
Automobile Accidents
 Automobile
accidents occur on a large scale every day. The impact an
automobile accident can have on someone can be tremendous.
Even in simple fender bender auto accidents, an individual
involved can suffer back and neck injuries that have a
lasting adverse effect. It is advised to contact both an
auto accident attorney and a physician following an auto
accident. Injuries sustained from an auto accident, no
matter how minor, can later end up causing aggravated pain
and medical costs.
 After an auto accident gather all necessary information
involving all drivers and passengers if possible. Don't make any type of statement or sign any
papers without first consulting with an attorney. Anything said at the time of the accident can
be used against you and disqualify potential accident
compensation. Make sure you understand your legal rights and options.
 The attorneys at Rice & Rose Law understand the complexities that automobile accidents
entail, including both legal and insurance matters.
Determining who is at fault for an auto accident can be
difficult due to the many factors an auto accident can
involve. We have the resources to quickly and effectively
determine who the liable parties are. Even if someone
involved in a car accident thinks that they are partly at
fault for the car accident, they may still be able to collect
damages.
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Motorcycle Accidents
 It
is a wise choice to hire a motorcycle injury lawyer to
inform you of what your legal rights are. Rice & Rose, as
experienced motorcycle injury lawyers, can help you.
A motorcycle injury accident is extremely dangerous because
of the lack of protection the motorcycle drivers have. A
large number of motorcycle accidents will result in death or
serious injury. It is extremely important to wear a helmet
because most motorcycle accident injuries are the result of
head injury.
It is very difficult to find out what happened after a
motorcycle injury accident because there are many factors
that could have played a role in contributing to the
motorcycle accident. An individual does not always have the
proper resources, like a motorcycle accident attorney, to
investigate the motorcycle accident to determine the liable
parties. Even in instances in which an individual has the
proper resources to carry out a motorcycle accident
investigation, a motorcycle accident attorney has the
specialized knowledge of motorcycle accident law that can
effectively and successfully benefit the individual. Almost
every single motorcycle injury accident ends up in injury so
the damages experienced can be extensive.
 If
you have an accident even with only minor injuries, you
should see a doctor immediately? This is an important factor
that the insurance companies consider. They feel that if you
didn't go for medical attention immediately, you were not
seriously injured. Often times, you will not start really
hurting until the night of the accident or the next day.
Many people think that the pain will pass, and seek no
attention whatsoever. This only provides the insurance
company with the defense that if you really were hurt, you
would have gone to the doctor right away.
No one expects to be involved in an accident but they happen
every day. One thing that is a wise thing to do is to
carefully review your insurance policy, to make sure you
have the proper coverage. Uninsured/underinsured motorist
coverage is often overlooked but is extremely important.
Relatively inexpensive, it is the most important coverage
you can have here in the State of Florida. There are many
people riding around in Florida who are either not insured
at all, or underinsured.
If you choose not to wear a helmet in the State of Florida
and you're over 21, you must have an insurance policy providing for
at least $10,000 in medical benefits for injuries incurred
as a result of a crash while operating or riding on a
motorcycle.
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Trucking Accidents
 Trucking
litigation involves claims against negligent truck drivers
and the companies who hire them. A driver of a large truck
is considered, under the law, to have an even greater
standard of care than other drivers because of the injuries
that large trucks can cause. Collisions caused by a
trucker's negligence can lead to the most catastrophic
injuries on the road.
 The National Highway Traffic Safety Administration (NHTSA)
sponsored a study that concluded approximately twice as many
car drivers would die in collisions with light trucks than
in similar collisions involving cars of the same weight as
the light truck. For the same reasons, occupants of
passenger cars and light trucks have much higher fatality
rates than occupants of large trucks and buses.
 Examples of truck negligence generally fall into two
categories: driver error and vehicle maintenance failure.
The most common cause of driver error is fatigue, which can
cause clouded judgment, drowsiness, and falling asleep at
the wheel. Driver error can also be due to inexperience,
improper driver training and driving under the influence of
alcohol or drugs (whether prescription or illegal).
Deregulation of the trucking industry has resulted in an
increase in speed-limit violations among tractor-trailer
drivers as well.
 Truck accident lawsuits tend to be far more complex than
other vehicle accidents for several reasons, so it is best
to consult with an attorney immediately who will look out
for your best interests. The difficulty of these cases is
largely due to the fact that trucking companies and
insurance adjusters realize the potential for major lawsuits
when a truck accident is involved. Immediately following an
accident, they quickly gather evidence and experts so that
they can immediately begin to prepare their case.
Determining the defendant can
be extremely difficult and complex, as the following will
show:
- Driver Fatigue: usually the driver’s fault.
- Overloaded Freight: the company the driver works for would probably be
involved in the lawsuit.
- Excessive Speed: this
could cause the driver and the company to be listed as
co-defendants, if strict and unreasonable deadlines were
set on the driver.
- Equipment Malfunction: manufacturers probably defendants.
- Defective Tires: this
could also cause a tire manufacturer or distributor to
be named as a defendant.
- Failure to Follow
State and Federal Regulations: normally the company and driver
would be named co-defendants.
Rice & Rose law has extensive
experience in litigating truck accident cases. They will
help you through this difficult litigation while seeking
financial compensation for your losses.
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Watercraft Accidents
 If
you are asked by a Marine Patrol officer or the Coast Guard
to give a statement, you should wait until you receive your
attorney’s counsel and advice because this communication may
be very important later on in your claim. It would be wise
as well not to make any statement to an insurance adjuster
without your attorney’s counsel and advice. It is your right
not to give a recorded statement. Ask the insurance adjuster
to provide you with their name, company name, and telephone
number and that you will get back to them soon. This will
give you time to contact your attorney and prepare a
statement.
Ship accident cases stem from accident or injuries that
occur on the high seas. An example of a ship accident case
would be someone who was injured as the result of negligence
by staff on a cruise ship.
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Bicycling Accidents
 A
bicycle rider or passenger who is under 16 years of age must
wear a bicycle helmet that is properly fitted and is
fastened securely upon the passenger’s head by a strap. This
is required by the State of Florida. A person riding a
bicycle upon and along a sidewalk, or across a roadway upon
and along a crosswalk, must yield the right-of-way to any
pedestrian and give an audible signal before overtaking and
passing a pedestrian.
The Florida statue requires that every bicycle in use
between sunset and sunrise be equipped with a lamp on the
front of the bicycle exhibiting a white light visible from a
distance of at least 500 feet to the front and a lamp and
reflector on the rear, each exhibiting a red light visible
from a distance of 600 feet to the rear. A bicycle or its
rider may be equipped with lights or reflectors in addition
to those required by the statue.
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Slip and Fall
 If
you have slipped or fallen, immediately inspect the area
where you fell and try to determine what caused you to fall?
Did anyone see you fall? Write down the names, addresses and
phone numbers of anyone in the vicinity where the incident
occurred, both those who saw you fall, and others who were
there after the incident, because you may need them as
witnesses on your behalf if the landowner disputes your
claim. Even if someone did not see you fall, but was present
at the time, he or she could, if necessary, describe your
pain and the conditions of the floor, lighting, etc.
immediately after you fell.
 If the incident occurred in a store or place of business,
speak with the manager or supervisor on duty. Have them make
a record of the incident, and get a copy of anything
prepared by the business. If anyone (especially an employee,
supervisor or manager) makes a comment suggesting that this
has occurred before, or that they were aware of the
condition before your fall, make a mental note. If possible,
get the name of the person who made the comment. As soon as
you are out of the store, write down the name and what
exactly the person said, and who else heard him or her make
the statement.
Depending on the facts of each case, In general, the
following damages may be recoverable:
- Medical bills and
expenses incurred as a result of the incident.
- Lost income for time
from work to recover.
- The fair value of any
clothing damaged in the incident
- Compensation for pain
and suffering as a result of the incident.
- General damages.
If you injured yourself on
someone else’s property, you should see your primary care
physician or another medical doctor to make sure your
injuries are not worse than you think.
The floor or ground conditions that caused your fall may
change, and you may need to preserve or record the condition
that caused your injury (typically with a photograph or
videotape).
Property owners are
responsible for injuries that occur as a result of a
dangerous or hazardous condition on their property, which
the owner knew about, or should have known about. The hazard
may be obvious (such as a broken stair) or hidden (like a
hole in a lawn that is partially covered by grass). In some
instances it may not be apparent, as in flooring which
appears normal, but is slippery. It could be permanent, like
broken concrete with a change in elevation, or temporary,
like a liquid spill in a supermarket aisle.
In general, an owner will be considered to have knowledge of
a dangerous or hazardous condition if it is permanent in
nature, because the owner knew, or should have known, about
the condition before the incident occurs.
In the case of temporary conditions (like a liquid spill),
the length of time that the condition existed before the
incident occurred has legal significance.
If the spill occurred just before the incident, then the
property owner may not be liable for injury, because the
owner could not have known about the spill (and would not
have been able to do anything about it) before the slip and
fall occurred. If, however, the spill was present for some
period of time before the incident, or occurs in an area
subject to liquid spills, or is a recurring event then the
owner may be liable, even if the owner did not know about
the spill before it occurred.
 What are the defenses that I can expect will be raised
against me in my claim based upon a fall on someone else’s
premises?
One of the most common defenses is to deny the existence of
any dangerous condition on the premises or to deny having
timely knowledge of its existence. It goes something like
this: There was not clear liquid on the floor in aisle five
and, even if there were a clear liquid on the floor, we did
not know about it in time to take any action. Or, it could
be: The floor was applied the night before the fall and is
specially designed to be abrasive in order to be slip
resistant even when wet.
At times, parts of this defense get rather technical and
rely upon expert testimony. For example, an expert on
building or safety codes may be brought into the case to say
that the premises met or exceeded all requirements for the
safety of visitors.
Because of these anticipated defenses and in order to
develop and present a solid case it is not unusual for the
experienced personal injury attorney to retain the services
of one or more expert witnesses during the investigation of
the facts of the fall.
Another common defense is to argue that you were careless or
negligent in failing to observe the dangerous condition (the
spill, the loose carpet, the step-down, for example) and, as
a result, should either have all compensation denied or
reduced substantially. This defense is interesting if
thought is given to how much effort is made to keep the
business visitor looking at hundreds, if not thousands, of
products, signs, displays and images instead of at the
floor.
Still another common defense is to maintain that the fall
did not cause you any new injuries nor aggravate any
pre-existing conditions or diseases. Sometimes this defense
argues that any injury that did result from the fall was
only temporary in nature.
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Dog
Bites
 The
laws of Florida are favorable to dog bite victims. The dog
bite statute is a modified strict liability statute. There
are two interesting exceptions to the strict liability
provided by this law. First, the victim's recovery is
reduced by the victim's percentage of fault; this is merely
a restatement of general legal principles applicable in many
states, usually referred to as "comparative negligence."
Second, there is no recovery for certain kinds of attacks if
the owner displayed a sign that said "Bad Dog;" the signage
exception is unusual in dog bite statutes.
As soon as possible, report the incident to the
local animal control and/or police department or any
other proper legal authority. As long as you are on either public property or
legally on private property, the dog owner could be held
responsible.
It doesn't matter whether the dog has former vicious
incidents. If you were bitten, and you were the first
person ever bitten by the dog, you can still proceed
with a claim. As long as you did not provoke the dog,
then you would possibly be entitled to damages.
 You should
immediately seek proper medical attention. Often
injuries can be minimized by seeking the proper medical
attention. It is important that you give a thorough
history regarding the accident to your doctor. Even if you initially do not wish to pursue a
claim, it would be a good idea to take photographs. You will
at lease have documentation in the event
that you later elect to proceed with a claim. If the dog's owner has a homeowners
insurance policy or renters policy, those types of
insurance would normally protect against the loss.
If you wish to make a
claim, you should call our office as soon after the attack
as possible to make sure that the claim is properly
handled from the beginning. Don't
make a statement to any insurance representative without
at least making a call to our office first. This would
likely be the first contact that you have with the
insurance company and it must be handled properly.
Injuries from dog bites can be extremely serious, and
can cost
the victim large sums of money due to medical bills. In
addition, dog bites may cause strong emotional trauma to
young children and adults. Children and adults who have been
bitten by a dog may experience loss of sleep, fear of dogs,
and general trepidation. As stated previously, it is important for anyone who has
suffered from a serious dog bite injury to seek an
experienced personal injury attorney. An attorney is
invaluable in sorting through state laws regarding dogs,
gathering and evaluating medical information, and
negotiating with dog owners or insurance companies. In
addition, an experienced trial lawyer may be able to obtain
a higher money judgment at trial by bringing attention to
such issues as emotional distress, scaring, disfigurement,
loss of income, and overall economic damages.
To reiterate, dog attacks can be extremely stressful for both children and
adults. It is important to have a skilled attorney to insure
that your family is fully compensated for all consequences
of the attack. It is also important to keep good medical
records, take pictures immediately of the injury and if you
can obtain them of the dog and the area where the attack
took place. Your should also immediately contact the health
department and animal control and advise them of the
incident so the dog is quarantined and checked for rabies.
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Wrongful Death - An
Overview
 A
"wrongful death" occurs when a person is killed due to the
negligence or misconduct of another individual, company or
entity. Every state has a civil "wrongful death statute," or
set of statutes, which establish the procedures for bringing
wrongful death actions. An action for wrongful death belongs
to certain persons identified by statute. In most states,
such persons will include the decedent's immediate family
members, such as surviving spouses and children, and
sometimes parents or siblings. An attorney experienced in
wrongful death law can explain all of the intricacies of
these lawsuits and help achieve the best possible outcome
for survivors.
Under
Florida law, wrongful death cause of action is controlled by
Florida Statute 768.18. That statute determines the
statutory survivors and what damages those survivors can
obtain. If the decedent is a child, the parents bring a
claim for their pain and suffering as a result of the loss
of the child. If the decedent is an adult, the following may
bring a claim depending on the identity of survivors: minor
children (under twenty-five years old), adult children (if
the decedent had no surviving spouse, the spouse of the
decedent, and the parent of the decedent (if there are no
other survivors).
 For over nineteen years, Rice Rose Law has provided
exceptional legal representation to those seriously injured
by offering personal attention and accessibility. From
wrongful death claims to motorcycle accident cases, our
attorneys are experts in all areas of personal injury law. We
work closely with our clients thereby building the most
thorough and compelling cases possible on their behalf. We
pride ourselves on being compassionate with our clients
while being aggressive in pursuing compensation from those
responsible for their injuries.
If you or someone you love has been seriously injured and
someone else is at fault, contact the experienced, trusted
personal injury attorneys at Rice & Rose Law. We would be
pleased to evaluate your case and answer any questions you
might have.
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