Personal Injury

Personal injury law broadly covers all claims where the victim of negligent or intentional conduct is physically or emotionally injured. A victim of a personal injury is allowed to file a civil lawsuit in court and get a legal remedy for all losses and damages stemming from an accident or other incident.

The purpose of the personal injury system is to allow the injured person to be compensated financially or "made whole" after he or she has suffered harm due to someone else's negligent or intentional conduct. Our firm specializes in a number of areas of personal injury.

Car accidents

Car/Truck/Motorcycle/Bicycle Accidents

  • Car accidents
  • Truck accidents
  • Motorcycle accidents

The first thing you should do after being in an accident is pull over to the side of the road if your car is operable. If your car is not operable, turn on your hazard lights and get out of the vehicle and head to the side of the road to safety. Next, call 911 and insist on the police and an ambulance coming to the scene. If you tell the 911 operator that you are not injured, they will not send the ambulance to get you checked out.

Slip and Fall Accidents

  • Falls down slippery stairs
  • Falls on slippery floors
  • Falls at grocery stores, shopping centers, and malls
  • Parking lot falls

Slip and fall or trip and fall accidents take you by surprise. You aren’t expecting to fall, and often don’t have time to brace yourself before landing hard on the ground. If you trip and fall, or slip and fall due to a property owner’s negligence, we can help. Call us for a free case evaluation.

Slip and Fall Accident
Wrongful Death

Wrongful Death

When the death of a person is caused by the wrongful act or negligence of another, this constitutes wrongful death. Losing a loved one tragically and unexpectedly is a devastating event. The last thing you want to deal with during your time of grieving is navigating the complex legal landscape of a wrongful death claim. We at Warner & Fitzmartin understand how difficult this time can be and offer our sincerest sympathies. We will do everything in our power to help you get back on your feet after your loss and help to provide some closure by pursuing justice on behalf of your loved one.

Worker’s Compensation

If you were injured on the job you may be entitled to free medical treatment through your employer’s workers’ compensation program. Some occupations and industries are more inherently dangerous than others, but anyone from a factory worker to an office worker to a delivery driver has the potential to be injured at work. Workers’ compensation also applies to repetitive motion injuries caused by such things as typing.

Worker’s Compensation
Negligent Security

Negligent Security

If you are the victim of a violent crime causing you injury, simply going after the perpetrator through the criminal justice system likely will not yield you any monetary results other than a worthless piece of paper that you are entitled to restitution. Even if you are able to obtain a restitution judgment against the wrongdoer, restitution only covers your out of pocket medical expenses and does not address additional damages you are entitled to recover such as pain and suffering or lost wages. Often, the perpetrator will not have the funds to pay your restitution order, especially if they spend many years in jail with no source of income.

Dog Bites

In Florida, owners of dogs who bite others are strictly liable for the actions of their dogs. This means that regardless of the former viciousness of the dog, or the dog owners’ knowledge of lack thereof of such viciousness, the owner is still liable.

This means even if a sweet Golden Retriever suddenly bites a neighbor, the owner of the dog is still liable for the neighbor’s injuries, despite the dog never showing any signs of aggression prior.

Dog Bites
Dram Shop Liability

Dram Shop Liability

Drunk driving is responsible for thousands of deaths throughout the United States every year. Despite lawmakers increasing penalties and running campaigns to educate people on the dangers of drunk driving, it persists. In Florida alone, there were 799 fatalities caused by impaired driving in 2021.

Florida is a tourism state. People come to Florida from all over the world to relax, go to the beach or theme parks, and vacation with their friends and families. Oftentimes, vacationers want to relax by having a drink at a local restaurant, bar, or hotel. To protect these establishments from liability for over-serving patrons, and potentially causing them to leave the state, the Florida legislature enacted an anti-dram shop law which is contrary to the law in many other states.

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