Fault, shared blame, and whether you have a case
How being partly at fault affects a Florida claim, and the situations clients most often assume disqualify them.
Can I recover compensation if I was hit by a car while riding my bicycle on a sidewalk in Florida?
Yes. Under Florida Statute § 316.2065(9), a person riding a bicycle on a sidewalk or crosswalk possesses all the rights and duties of a pedestrian, unless local ordinances prohibit sidewalk riding. Drivers exiting driveways, alleys, or side streets must yield the right-of-way to sidewalk traffic. If a negligent motorist fails to check the sidewalk and strikes you, you have the legal right to file an injury claim. Jeffrey S. Altman and The Altman Law Firm examine local municipal codes, driver negligence, and traffic evidence to protect the rights of injured cyclists throughout South Florida.
Can I sue a bar or restaurant for serving the drunk driver who hit me in Florida?
Yes, but only under narrow circumstances governed by Florida’s Dram Shop Act (Fla. Stat. § 768.125). In Florida, vendors are generally not liable for injuries caused by intoxicated patrons. However, an injured person can pursue a claim against a commercial establishment if the vendor willfully and unlawfully sold alcohol to an underage person, or knowingly served alcohol to someone habitually addicted to alcohol. Proving habitual addiction or unlawful service requires specific evidence such as receipts, witness testimony, and surveillance footage. Jeffrey S. Altman and The Altman Law Firm investigate commercial alcohol liability to uncover all potential sources of financial recovery.
Can I still recover compensation if I was partially at fault for the car accident?
Yes, you can still recover compensation, but your recovery will be reduced by your percentage of fault. Florida follows a modified comparative negligence rule under Fla. Stat. § 768.81. This means if you are found 20% responsible for the crash, your total compensation is reduced by 20%. However, if you are found to be more than 50% at fault, you are barred from recovering any damages from the other party. Jeffrey S. Altman can evaluate the details of your collision to help accurately determine liability and pursue appropriate compensation.
Can I file a wrongful death claim if my loved one was partially at fault?
Yes, you can still pursue a claim. Florida follows a modified comparative negligence system under Fla. Stat. § 768.81. If your loved one was partially responsible for the incident that led to their death, the total financial recovery will be reduced by their percentage of fault. However, if they are found to be more than 50 percent at fault, recovery is barred. The Altman Law Firm investigates the facts thoroughly to accurately establish liability and protect your family's right to compensation.
Can I recover compensation if I was injured by an intoxicated boat operator in Florida?
Yes, you can pursue financial recovery if you were injured by an impaired boater. Boating under the influence (BUI) violates Fla. Stat. § 327.35 and establishes clear evidence of negligence. Even if you were a passenger on the vessel, your claim remains viable under Florida's modified comparative fault statute, Fla. Stat. § 768.81, as long as your own responsibility does not exceed 50 percent. When an operator exhibits gross impairment, claims for punitive damages may also be evaluated under Fla. Stat. § 768.72. Jeffrey S. Altman and The Altman Law Firm scrutinize FWC investigation reports and toxicology findings to hold impaired operators accountable.
Do I have a medical malpractice case if a doctor misdiagnosed my condition?
You may have a medical malpractice case if the misdiagnosis resulted from a failure to meet the accepted professional standard of care, causing you direct harm. Under Fla. Stat. § 766.102, a plaintiff must prove that the healthcare provider's actions represented a breach of the prevailing professional standard of care for that specific field. A simple mistake or an unfavorable medical outcome does not automatically constitute negligence. To determine if actionable negligence occurred during your diagnosis, Jeffrey S. Altman and the legal team at The Altman Law Firm can evaluate your medical records and consult with qualified medical practitioners to assess your potential claim.
Can I recover compensation if I was thrown and injured by a sudden stop on a public bus in Florida?
Yes, but Florida law requires showing that the stop was unusually abrupt, violent, and unnecessary. Because routine motion is expected on transit vehicles, an injured rider must establish an actionable "jerk and jolt" caused by driver negligence rather than normal traffic conditions. Proving liability typically involves: 1. Preserving interior onboard camera footage that shows the physical impact of the stop. 2. Securing the transit agency's electronic event data recorder (telematics) to evaluate speed and braking force. 3. Gathering testimony from fellow passengers who were also thrown or displaced. The Altman Law Firm investigates these incidents to establish whether the bus operator breached their legal duty of care.
Can I file an injury claim if I was hit by a vehicle while crossing outside a marked crosswalk in Florida?
Yes, you can still pursue an injury claim. While pedestrians crossing outside a marked crosswalk must yield to oncoming traffic under Fla. Stat. § 316.130(10), motorists maintain an overarching legal duty under Fla. Stat. § 316.130(15) to exercise due care to avoid colliding with any pedestrian. Under Florida's modified comparative fault rule (Fla. Stat. § 768.81), you may still seek damages as long as you are not found more than 50 percent responsible for the accident. The Altman Law Firm analyzes driver speed, distraction, and sightlines to establish motorist negligence.
Can I still recover compensation if the hit-and-run driver is never caught?
Yes, you may still be able to recover financial compensation through your own auto insurance policy if you carry Uninsured/Underinsured Motorist (UM) coverage. An attorney can review your policy details to identify all potential avenues for recovery.
Do I have a case if I slipped on a wet floor with no warning sign?
You may have a valid premises liability claim. Under Fla. Stat. Sec. 768.0755, if you slip and fall on a transitory foreign substance in a business establishment, you must prove the business had actual or constructive knowledge of the dangerous condition and should have taken action. A missing warning sign strengthens the argument that they failed to protect visitors. The Altman Law Firm investigates incident reports, surveillance footage, and witness statements. Jeffrey S. Altman can assess the specific facts of your fall.
Can I recover compensation if I was injured as a passenger in a drunk driver's vehicle?
Yes, you can pursue compensation, but the driver’s insurer will likely argue comparative fault under Fla. Stat. § 768.81. If the insurance carrier shows you voluntarily entered the vehicle knowing the driver was intoxicated, they may claim you contributed to your injuries. Under Florida’s modified comparative fault law, your recovery is reduced by your share of fault, and you cannot recover damages if assigned more than 50% responsibility. Establishing whether you knew or should have known about the impairment requires careful factual examination. The Altman Law Firm defends injured passengers against unfair allegations of comparative fault to pursue full financial recovery.
Can I file a brain injury claim if I never lost consciousness during the accident?
Yes. A loss of consciousness is not a legal or medical prerequisite to pursue a traumatic brain injury (TBI) claim in Florida. Concussions and mild TBIs frequently occur without a blackout, often caused by rapid acceleration-deceleration forces that jolt the brain within the skull. Damaging symptoms like chronic headaches, memory lapses, dizziness, and cognitive fatigue can emerge days after the incident. The Altman Law Firm, led by Jeffrey S. Altman, helps injured victims document symptoms and pursue compensation from negligent parties under Florida law, demonstrating that serious neurological harm can occur even when the victim remained conscious throughout the impact.
Can I file a personal injury lawsuit if I was injured at work in Florida?
Yes, you can file a personal injury lawsuit if a negligent third party other than your direct employer caused your injury. While Florida Statute § 440.11 provides workers' compensation immunity to employers, Florida Statute § 440.39 permits injured workers to pursue civil claims against negligent third parties. These entities may include equipment manufacturers, property owners, subcontractors, or negligent motor vehicle operators. Unlike workers' compensation benefits, a third-party claim allows you to pursue compensation for pain and suffering and full lost earnings. Jeffrey S. Altman and The Altman Law Firm evaluate work accident cases to determine if third-party negligence contributed to your harm.
Can I recover damages if I was hit by a car while crossing outside a designated crosswalk in Florida?
Yes, you may still pursue financial recovery under Florida law, provided you were not more than 50 percent at fault. Under Florida Statutes § 316.130, pedestrians crossing a roadway outside a marked or unmarked crosswalk must yield the right-of-way to vehicles. However, drivers have an overarching legal duty to exercise due care and avoid hitting pedestrians. Under Florida Statutes § 768.81, Florida follows a modified comparative fault rule. If your share of fault is 50 percent or less, your damages are reduced proportionally. Jeffrey S. Altman and The Altman Law Firm examine driver speed, visibility, and distraction to establish liability.
Can I recover compensation if I was hit by a car while crossing outside of a crosswalk in Florida?
Yes, you may still be entitled to financial recovery even if you were crossing outside a designated crosswalk. Under Florida's modified comparative fault law (Fla. Stat. § 768.81), an injured pedestrian can recover damages as long as their share of responsibility does not exceed 50 percent. While Fla. Stat. § 316.130 requires pedestrians to yield when crossing outside marked crosswalks, motorists retain an ongoing legal duty to maintain vigilance and avoid striking individuals on the roadway. Jeffrey S. Altman and The Altman Law Firm examine driver speed, phone records, and sightlines to demonstrate that driver negligence substantially caused the collision.
Can I recover compensation if I slipped and fell inside a moving public bus in Florida?
Yes, you can pursue compensation if your fall was caused by an unreasonable hazard or negligent operation by the driver. As common carriers, transit operators must maintain bus aisles, entry steps, and handrails in a reasonably safe condition. Claims frequently involve standing water on worn flooring, broken handrails, or sudden, erratic swerving that throws a passenger off balance. Establishing liability requires proving that transit personnel created the danger or failed to address a known hazard within a reasonable timeframe. Jeffrey S. Altman examines maintenance logs, vehicle inspection reports, and interior video to support slip-and-fall claims aboard public transit.
Can I recover compensation if I was injured as a passenger on a recreational boat in Florida?
Yes. An injured passenger on a recreational watercraft can seek compensation if an accident results from operator negligence, reckless navigation, or vessel defects. Vessel operators owe all passengers a duty of reasonable care under Florida maritime law. Depending on how the accident occurred, liability may fall upon the operator of your boat, the operator of another vessel involved in a collision, or a maintenance provider. Because passengers rarely contribute to vessel operation, they are seldom subject to fault reductions under Florida's comparative fault statute, Fla. Stat. § 768.81. Jeffrey S. Altman of The Altman Law Firm represents injured maritime passengers on a contingency fee basis.
Can I recover compensation if I was not wearing a bicycle helmet when hit by a car in Florida?
Yes. Under Florida Statute § 316.2065(18), an adult bicyclist's failure to wear a helmet cannot be considered evidence of negligence or contributory fault. Under Florida law, bicycle helmets are only legally required for riders and passengers under the age of 16. If a negligent motorist struck you, the insurance company cannot argue that riding without a helmet caused the crash. The Altman Law Firm, led by Jeffrey S. Altman, helps injured cyclists protect their rights against negligent drivers. While comparative negligence principles under Fla. Stat. § 768.81 apply if you committed a traffic infraction, simply riding without a helmet does not bar your injury claim.
Can I sue an apartment complex or landlord if I was assaulted on their property in Miami?
Yes, you can pursue a lawsuit against an apartment complex, landlord, or property management company if their failure to maintain reasonable security contributed to the assault. Florida premises liability law requires landlords to maintain common areas in a reasonably safe condition, which includes fixing broken security gates, replacing burnt-out exterior lighting, and repairing broken building access doors. If a landlord knew or should have known about criminal activity on or near the premises and failed to take reasonable protective measures, they may be held legally liable. The Altman Law Firm examines crime grids, police dispatch records, and maintenance logs to establish property owner liability.
What happens to my injury claim if the accident occurred while I was lane-splitting?
Under Fla. Stat. § 316.209, lane-splitting—or operating a motorcycle between lanes of traffic or adjacent lines of vehicles—is illegal in Florida. If you were lane-splitting during an accident, the defense will likely argue you are partially or fully at fault. However, under Florida's comparative fault system (Fla. Stat. § 768.81), you may still recover a percentage of your damages if the other driver was also negligent. The Altman Law Firm works to analyze the specific details of your collision to establish the other party's shared responsibility. Jeffrey S. Altman can review your case to determine your options.
What is comparative negligence in Florida personal injury cases?
Florida follows a modified comparative negligence system under Fla. Stat. Sec. 768.81. This means you can still recover compensation if you are partially at fault for an accident, provided your fault is not greater than 50 percent. Your financial recovery will be reduced by your percentage of fault. If you are found 51 percent or more responsible, you cannot recover damages. At The Altman Law Firm, Jeffrey S. Altman investigates the facts to help ensure fault is accurately assessed. This information is for educational purposes and does not create an attorney-client relationship.
Do I have a medical malpractice case if my medical treatment had a poor outcome?
Not necessarily, as a poor medical outcome does not automatically equal malpractice. To have a viable case in Florida, you must prove that a healthcare provider breached the prevailing professional standard of care, directly causing your injury. Under Fla. Stat. § 766.102, the standard of care is defined as that level of care, skill, and treatment which, in light of all relevant circumstances, is recognized as acceptable and appropriate by reasonably prudent similar healthcare providers. The Altman Law Firm can help analyze your medical records to determine if negligence occurred. Contact Jeffrey S. Altman to discuss your situation and evaluate your legal options.
Can I sue the city if I trip and fall on a broken public sidewalk in Miami?
Yes, you can pursue a claim against a municipality for a defective sidewalk, but claims against government entities involve strict procedural rules. Under Florida sovereign immunity laws, you must provide formal written notice to the specific government agency and the Florida Department of Financial Services before filing a lawsuit. There is also a cap on the damages you can recover. The Altman Law Firm is experienced in navigating these complex notice requirements and deadlines to protect your rights against local government entities.
Can I file a negligent security lawsuit if the criminal who attacked me was never caught?
Yes, you can pursue a negligent security claim even if law enforcement never identifies, arrests, or convicts the perpetrator. Criminal prosecutions and civil liability claims operate in entirely separate legal systems with different standards of proof. A negligent security lawsuit does not seek criminal penalties against the attacker; instead, it focuses on whether the commercial property owner failed in their civil legal duty to implement reasonable security measures that could have prevented the crime. Jeffrey S. Altman investigates security lapses, property maintenance logs, and local 911 call records to establish business negligence regardless of the status of the criminal investigation.
Can I file a personal injury claim for a mild traumatic brain injury if my CT scan was normal?
Yes. Standard emergency room CT scans and MRIs are designed to detect acute bleeding or skull fractures, not microscopic axonal shearing or metabolic disruption common in mild traumatic brain injuries (mTBIs) and concussions. Under Florida law, a personal injury claim does not require abnormal radiographic imaging if objective clinical evaluations—such as neuropsychological evaluations, balance testing, or cognitive assessments—demonstrate impairment. The Altman Law Firm, led by Jeffrey S. Altman, works closely with treating healthcare providers to document the functional, cognitive, and emotional deficits caused by an at-fault party's negligence, establishing the medical causation required to pursue financial recovery.
Can I file an injury claim if I was hurt in a jet ski or boat rental accident?
Yes, you can pursue an injury claim following a rental boat or personal watercraft crash. Liability often extends beyond a negligent operator to the vessel livery company. Under Fla. Stat. § 327.54, rental liveries are legally prohibited from renting vessels to individuals without providing mandatory pre-rental safety instructions or verifying required boater education. If a facility provided poorly maintained equipment, failed to supply required personal flotation devices, or rented to an unfit operator, they may share liability for your harm. The Altman Law Firm investigates rental contracts, maintenance logs, and safety compliance to hold all negligent entities accountable.
Can I recover compensation if I was partially at fault for the truck accident?
Yes, you can still seek compensation even if you share some responsibility for the commercial truck accident. Florida operates under a modified comparative fault system governed by Fla. Stat. § 768.81. This means your recovery is reduced by your percentage of fault, provided you are not found to be more than 50% responsible for the accident. If your fault exceeds 50%, you are barred from recovery. Evaluating these complex liability apportionments requires careful analysis of driver logs and black box data. Jeffrey S. Altman at The Altman Law Firm works diligently to protect clients from being unfairly blamed by trucking insurance companies.
Can I file a claim if I tripped and fell due to broken stairs at an apartment complex?
Yes, you can file an injury claim if broken stairs, missing handrails, or poor lighting caused your fall. Under Fla. Stat. § 83.51, Florida residential landlords must keep common areas, stairways, and structural components compliant with applicable safety codes. Establishing liability typically requires proving three elements: 1. The landlord or management company had actual or constructive knowledge of the defective staircase. 2. The responsible party failed to repair the hazard or provide warnings within a reasonable timeframe. 3. The structural defect directly caused your physical injuries. The Altman Law Firm investigates property maintenance logs and inspection records to hold negligent property managers accountable.
Do I have a medical malpractice case if my child suffered a birth injury?
You may have a case if the birth injury resulted from a medical provider's failure to meet the accepted standard of care during pregnancy, labor, or delivery. Common actionable errors include delayed emergency C-sections and improper use of medical equipment. However, these cases require a thorough review of medical records by qualified medical professionals before a claim can be filed under Florida's strict pre-suit requirements (Fla. Stat. § 766.106). At The Altman Law Firm, Jeffrey S. Altman works to evaluate the circumstances of your child's injury to determine if negligent care was the direct cause.
Can I still recover compensation if I was not wearing a helmet during my motorcycle accident in Florida?
Yes, you can still seek compensation. Under Fla. Stat. § 316.211, riders over the age of 21 carrying at least $10,000 in medical benefits coverage are not legally required to wear a helmet. However, insurance companies often attempt to use the lack of a helmet to argue comparative negligence under Fla. Stat. § 768.81, claiming your injuries would have been less severe. The Altman Law Firm helps injured riders counter these defenses by showing that the other driver's negligence caused the crash itself. Jeffrey S. Altman works to protect your rights and ensure your compensation is not unfairly reduced.
Can I sue for the wrongful death of an unborn child in Florida?
No, Florida law currently does not allow parents to file a wrongful death lawsuit for the loss of an unborn child. The Florida courts have ruled that a fetus is not considered a person under the Florida Wrongful Death Act. However, the mother may still have a personal injury claim for her own physical injuries and the associated emotional distress caused by the negligence. The Altman Law Firm can evaluate the circumstances to determine the appropriate legal action for the parents.
Do I have a case if my family member died from a defective product?
You may have a valid product liability wrongful death claim if a design flaw, manufacturing defect, or failure to warn caused the fatal injury. Under Florida law, manufacturers, distributors, and retailers can be held strictly liable when their dangerous products cause death. These cases require extensive technical analysis and preservation of the defective item. Jeffrey S. Altman and The Altman Law Firm coordinate with engineers and safety analysts to prove the product was defective and hold the responsible corporations accountable.
Do I have a case if there was a Wet Floor sign near where I fell?
Yes, you may still have a valid claim, though a warning sign can complicate your case. Property owners must provide adequate and visible warnings of known dangers. If the sign was hidden, placed too far from the actual spill, or left out for days when no hazard existed, the warning may be deemed legally insufficient. Additionally, owners still have a duty to actually clean up the hazard within a reasonable time. Jeffrey S. Altman can assess whether the provided warning was legally adequate.
Do I have a case if I was partially at fault for tripping and falling?
Yes, you may still pursue compensation even if you were partially at fault. Under Fla. Stat. § 768.81, Florida follows a modified comparative negligence system. This means your financial recovery is reduced by your percentage of fault. However, if you are found to be more than 50 percent responsible for the accident, you are barred from recovering any damages. Jeffrey S. Altman can evaluate the specific circumstances of your fall to determine how comparative negligence might impact your potential premises liability claim.
Can I file an injury claim if I was hit by a vehicle while crossing outside of a crosswalk in Florida?
Yes. Crossing outside of a marked crosswalk does not automatically prevent you from pursuing compensation. While Fla. Stat. § 316.130 requires pedestrians to yield the right-of-way outside designated crossings, drivers still maintain a legal duty to exercise due care and avoid hitting pedestrians. Under Florida's modified comparative fault law (Fla. Stat. § 768.81), an injured pedestrian may recover damages as long as their share of fault does not exceed 50 percent. Jeffrey S. Altman and The Altman Law Firm thoroughly examine driver speed, visibility, and distracted driving evidence to establish motorist liability.
Can I recover compensation if another motorist caused the crash while I was an Uber or Lyft passenger?
Yes, injured passengers can pursue financial compensation even if their rideshare driver bore no fault for the collision. In Florida, your initial claim typically proceeds against the negligent third-party driver who caused the collision. However, if that driver is uninsured or carries insufficient bodily injury limits, the rideshare company's uninsured/underinsured motorist (UM/UIM) coverage applies under Florida Statute § 627.748 during an active trip, providing up to $1,000,000 in protection. Jeffrey S. Altman and The Altman Law Firm review all concurrent insurance policies to help injured passengers pursue recovery for medical bills, rehabilitation expenses, and lost income.
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