• Personal Injury: We are dedicated to the representation of injured individuals and their families. A personal injury case can be based on injuries caused by a wide variety of accidents, including:      ·AUTO ACCIDENTS      ·PREMISES LIABILITY      ·WRONGFUL DEATH      ·WORKERS COMPENSATION      ·BUSINESS LITIGATION Victims of personal injury are entitled to financial compensation for their medical and property expenses, incidental costs caused by the accident, and may be entitled to additional damages to cover future expenses, pain and suffering, or other issues. “Wrongful Death” is a legal term that refers to situations when a person dies due to the negligence of another. Wrongful Death cases may arise in a as a result of a variety of incidents, including car accidents and medical malpractice. The goal of our firm is to make sure that the survivor and beneficiaries are maximally compensated for their loss. •Auto Accidents While car accidents comprise a significant portion of personal injury and wrongful death claims, it would be wrong to think that they are always simple to resolve. We understand not just the “rules of the road” and the special duties imposed on commercial and public carriers, but also the complex scientific and engineering principles often necessary to unravel just how an accident occurred on the roadways of Florida and who was at fault. We understand the medicine needed to evaluate complaints, as well as the economic and accounting principles needed to evaluate losses. We handle accident cases involving:      ·Rear end collisions      ·Intersection accidents      ·Alcohol related crashes      ·Hit and run      ·Passenger injuries      ·Driver injuries      ·Motorcycle accidents      ·Semi-truck and tractor trailer crashes      ·Uninsured and underinsured motorists      ·Pedestrian and bicycle accidents When cases can be optimally resolved, through negotiation, mediation, arbitration, or other Alternative Dispute Resolution (ADR) methods, we can aid in achieving the best result. When cases must be tried, we recognize that and can tap into our experience in the courtroom. Whatever the practical or legal issues that arise out of a motor vehicle accident, we are prepared to address them in order to maximize our client’s recovery. For answers to all of your questions about auto accidents, visit our FAQ section. •Premises Liability When an accident or injury occurs to a visitor or tenant living on another person's property, the owner of the property may be liable (legally responsible) if it can be proved that their negligence led to the injury. If you've suffered an injury of this type which you believe may be a result the negligence of another person, you may be able to file a lawsuit to recover the costs involved to pay for your medical bills, any lost earnings or other pain, disfigurement, emotional distress or permanent physical disability you have suffered. Injuries on properties can include those from:      ·Slip and fall accidents      ·Dog bites or maulings      ·Exposure to toxic or hazardous substances such as lead or mold In cases involving premises liability, plaintiffs must prove that the property owners either failed to maintain the property or created unsafe conditions which caused the injury, knew about the unsafe hazard but didn't alert visitors or tenants to this fact, was not careful concerning unsafe conditions which might attract children, or took actions or neglected conditions that caused damage to a neighbouring property. It is the established rule of law in Florida that a possessor of land owes two duties to an invitee: 1) to use reasonable care in maintaining the premises in a reasonably safe condition; and 2) to give the invitee warning of concealed perils which are or should be known to the landowner and which are unknown to the invitee and cannot be discovered by her through the exercise of due care. Knight v. Waltman, 774 So. 2d 731 (Fla. 2d DCA 2000). Furthermore, a possessor of land is liable to his invitees for physical harm caused to them by any activity or condition on the land whose danger is known to the invitee if the possessor should anticipate the harm, despite the knowledge or obviousness of the situation. Restatement (Second) of Torts, sec. 343A; Lynch v. Brown, 489 So. 2d 65 (Fla. 1st DCA 1986). Most recently, in Markowitz v. Helen Homes of Kendall Corp., 826 So.2d 256 (Fla. 2002), the Supreme Court of Florida held that, once an injured shopper establishes that were injured by a “transitory foreign object” (solid or liquid) being where it should not be, negligence of the business is presumed, and the store owner must then prove that reasonable care was exercised in maintaining the premises “under the circumstances”, which could include the nature of the specific hazard and the nature of the business. Reacting to the Supreme Court’s initiative, the 2002 Florida legislature promptly passed Florida Statute section 768.0710, recognizing the duty of a business owner to keep the premises free of transitory foreign objects or substances which might forseeably give rise to injury. It provides as follows: 768.0710. Burden of proof in claims of negligence involving transitory foreign objects or substances against persons or entities in possession or control of business premises- (1) The person or entity in possession or control of business premises owes a duty of reasonable care to maintain the premises in a reasonably safe condition for the safety of business invitees on the premises, which includes reasonable efforts to keep the premises free from transitory foreign objects or substances that might foreseeably give rise to loss, injury, or damage. (2) In any civil action for negligence involving loss, injury, or damage to a business invitee as a result of a transitory foreign object or substance on business premises, the claimant shall have the burden of proving that: (a) The person or entity in possession or control of the business premises owed a duty to the claimant; (b) The person or entity in possession or control of the business premises acted negligently by failing to exercise reasonable care in the maintenance, inspection, repair, warning, or mode of operation of the business premises. Actual or constructive notice of the transitory foreign object or substance is not a required element of proof to this claim. However, evidence of notice or lack of notice offered by any party may be considered together with all of the evidence; and (c) The failure to exercise reasonable care was a legal cause of the loss, injury, or damage. Thus, a customer injured in this manner must prove only that the business failed to exercise reasonable care in the maintenance, inspection, repair, warning or mode of operation of the premises. The owner’s actual or constructive knowledge is no longer a required element of proving such a claim, but evidence of notice or lack thereof may still be considered together with all the evidence. In Melkonian v. Broward County Bd. of County Com'rs, 844 So.2d 785 (Fla. 4th DCA 2003), the court held that the existence of a foreign substance on the floor of a business premises that causes a customer to fall and be injured is not a safe condition and the existence of that unsafe condition creates a rebuttable presumption that the premises owner did not maintain the premises in a reasonably safe condition. Thus, once the plaintiff establishes that he or she fell as a result of a transitory foreign substance, a rebuttable presumption of negligence arises. At that point, the burden shifts to the defendant to show by the greater weight of the evidence that it exercised reasonable care in the maintenance of the premises under the circumstances. •Wrongful Death The loss of a family member or loved one is a tragedy that can never be adequately compensated by a financial recovery. But our legal system allows only money damages for such a loss. There is no other way to punish the negligent party or to try to ensure they correct the faults that caused such a loss. Money damages can be paid for such items as loss of earnings, support, love and affection, medical expenses, and pain and suffering prior to the time of death among others. A wrongful death claim may be brought on behalf of a survivor of a decedent when the death of a loved one was caused by the careless and negligent act of another. Statutory survivors may be entitled to compensation for pain and suffering, mental anguish, and loss of care, protection and companionship. Survivors and the estate of the decedent may also recover medical and funeral expenses, loss of the decedent’s anticipated net accumulations and loss of benefits. After the loss of a loved one, the last thing the family wants to think about is taking legal action. But in many cases, prompt action is required to investigate the circumstances and to preserve evidence. Waiting to retain legal counsel can be damaging to any future claims. If you have suffered the loss of a loved as a result of the negligent conduct of another, let us review your case and provide you with a free consultation. If you want an attorney you can talk to, who understands your situation and who will fight for you. Call now for an appointment. •Worker’s Compensation Workers' compensation refers to a system of laws outlining specific benefits to which injured employees are entitled, and the procedures for obtaining such benefits. Every state has its own workers' compensation laws, which are contained in statutes, and vary somewhat from state to state. In addition, there are special, federal workers' compensation laws for employees of the federal government and other, specific types of industries. Under the law in most states, every business must have some form of workers' compensation insurance to cover injured employees. Filing a workers' compensation claim is similar to filing an insurance claim; it isn't a lawsuit against an employer, but rather a request for benefits. Workers' compensation laws are designed to ensure that employees who are injured on the job receive fixed monetary awards, without having to litigate their claims against their employers. In this way, workers' compensation is an important safety net for employees when they are injured on the job or as a result of their job. Most workers' compensation laws also provide employers and co-workers with a certain level of protection, by limiting the amount employees can recover from their employers, and prohibiting, in most cases, injured employees from suing their co-workers. In essence, workers' compensation is a no-fault system, where an injured worker's own negligence, or the negligence of his or her employer or co-workers, is not put at issue; rather, the injured employee is simply covered for his or her work-related injuries. Thus, workers' compensation is an injured worker's "exclusive remedy" with respect to a work-related injury, unless he or she can point to a third party who contributed to his or her injuries. For example, because workers are often injured by products or machinery they use at work, they may, and often do, seek compensation from the manufacturers of such products. Employers are generally not directly involved in the third-party claims of their employees, and such claims take place in civil actions, rather than in the workers' compensation system. In most cases, however, an employer can recoup its workers' compensation payments and obligations from the recovery an injured worker obtains from a lawsuit against a third-party. In some states, the workers' compensation insurer and employer may enter into the lawsuit commenced by the employee and seek to protect their rights to recover the sums. In other states, the employer is given a lien against the employee's recovery. In those states, the employer and insurer must wait until the employee has made a recovery, at which point they assert the lien and the employee must then pay back monies which duplicate workers' compensation benefits previously received or receivable. Workers' compensation is usually considered a substitute for a lawsuit against your employer. In exchange for not suing your employer in court, you are entitled to workers' compensation benefits, regardless of who was at fault for your injuries. Prior to the creation of the workers' compensation system, employees had no choice but to go to court to recover compensation for their work-related injuries. Now, most employees are automatically entitled to workers' compensation, but at the same time, the employer is automatically protected from most employee lawsuits. Keep in mind, however, that even if you file a workers' compensation claim, you still may be able bring a lawsuit if your injury was caused by someone other than your employer, or by a defective product you used on the job, such as a piece of equipment that malfunctioned. • INJURIES COVERED BY WORKERS” COMPENSATION: For a work-related injury, you may be eligible for compensation for any of the injuries listed below: · Preexisting conditions that the workplace accelerates or aggravates. · Examples may include a back injury, even though you don't notice the pain from the injury until later. · Injuries caused during breaks, lunch hours, and work-sponsored activities (such as a company picnic), and at-work injuries caused by company facilities, such as a chair in the company lunchroom. · Diseases such as lung cancer, if contracted by exposure to toxins at work as a result of normal working conditions. · Injuries resulting from mental and physical strain brought on by increased work duties or work-related stress. In some states, this includes employees who develop a disabling mental condition because of the demands of the job and a supervisor's constant harassment. There are some injuries, however, that may not be covered by workers' compensation. State courts are divided on whether an employee can recover for an injury sustained during horseplay at work. Many states will not award benefits to a person who is injured while intoxicated or who deliberately inflicts injury on himself. Furthermore, an employee who is injured while traveling to or from work is not generally entitled to benefits unless the employer has agreed to provide the worker with the means of transportation, pay the employee's cost of commuting, or if travel is required while performing his/her duties. If a worker leaves the employer's premises to do a personal errand and is injured, he or she might not be entitled to workers' compensation benefits. However, if an employee is injured while returning from company-sponsored education classes, or goes to the restroom, visits the cafeteria, has a coffee break, or steps out of a nonsmoking office to smoke a cigarette, and is injured, workers' compensation boards and courts typically recognize that employers benefit from these "non-business" employee conveniences, and often award compensation. •WHAT TO DO IF YOU’RE INJURED ON THE JOB: Here are the first steps you should take if you are injured on the job: Report the injury to your employer If possible, report the injury in writing and keep a copy of the report for personal records. Complete a claim form No matter how your employer learns of the incident, it must offer you a claim form immediately. Until this claim form is completed, the employer has no obligation to provide you benefits. Make sure the claim form is filled out completely and specifically. Keep a copy of your completed claim form. Once your employer receives your claim form, it is then the employer's responsibility to immediately notify its workers' compensation insurance company and arrange medical assistance for you. File the claim as soon as possible If you are seeking to claim workers' compensation benefits, you should do so quickly. Any delay on your part could lead to potential snags or delays in receiving benefits. Immediately reporting injuries and filing a claim as soon as you decide to seek compensation increases the likelihood that benefits will begin quickly. If a dispute should arise regarding the claim, you can seek help from the workers' compensation commissioner's office in your state, but you may also want to contact an experienced workers' compensation attorney. For answers to all of your questions about Workers Compensation, visit our FAQ section. • BUSINESS LITIGATION At some point, a majority of businesses end up in a dispute. When those disputes require litigation, it is imperative that you have the assistance of a qualified Tampa business litigation law firm. As business owners ourselves, we understand that litigation can be a substantial drain on resources. To that end, we look for cost effective solutions and seek to help our clients avoid protracted litigation and assist in reaching a common ground to amicably resolve disputes. The Law Office of Michael J. Winer, P.A. takes a personalized approach to helping businesses. Through our experience in assisting a variety of Florida businesses, we understand the unique issues enterprises face when confronted with litigation. We have experience litigating a wide range of issues including:      · Breach of Contact      · Employment Contracts      · Commercial and Residential Real Estate      · Business Owner Agreements      · Non-Payment for Business Services      · Trade Secrets An attorney can examine your situation and provide opportunities to minimize litigation or avoid it altogether. However, when a settlement is not possible (or not in the best interest of our clients), we have a record of successfully litigating cases. If you need a lawyer to provide creative solutions for your Tampa Bay business, please contact the Law Office of Michael J. Winer, P.A. We are committed to contributing to the success of your business. If you believe you've suffered an injury due to another’s negligence, we'd like to hear from you. Contact us online or call us at 888-FOR-ATTY or 813 224-0000 to set up a FREE consultation and discuss your legal options.