Personal Injury Lawyer

People sustain injuries every day as a result of someone’s carelessness or a product that has reached the market in a defective state. Mistakes made by medical professionals, such as doctors, nurses, and others, during the care or treatment of a patient may also result in a patient’s personal injury or death. Though the circumstances of each case will differ from others, persons who have been injured or killed through medical malpractice, other negligence, or the use of or exposure to defective products may be entitled to compensation through legal action.

The Killino Firm’s West Palm Beach, Florida, personal injury attorneys have extensive experience with all types of personal injury cases. If you have been injured or one of your family members has died and you suspect that the injury or death was caused by medical malpractice, negligence, or a defective product, The Killino Firm’s West Palm Beach personal injury lawyers can help you obtain justice from those who have caused your injuries or loved one’s death. Contact The Killino Firm at 561-835-9898 for a cost-free assessment of your case and additional information about your legal rights and options.

Legal Liability for Personal Injuries

People often sustain injuries as a result of their own carelessness. When an injury is caused by the negligence of another individual or entity, medical error, or a defect in a product, however, the injured person may be able to recover financial compensation from the responsible parties through the institution of a negligence, product liability, or medical malpractice action. When a victim dies of his or her personal injuries, the victim’s family members may be able to recover compensation for the damages they have suffered as a result of the victim’s death through a wrongful death action brought against the same defendants.

Injuries or Deaths Caused by Negligence

Negligence is generally defined as the breach of the duty of care owed by an individual or entity to someone else. When an adult or child sustains a personal injury or dies as a result of the negligence of an individual or entity, the negligent party may be held liable for the damages suffered by the injured victim or victim’s family in a negligence or wrongful death action brought against the responsible parties.

The owners of property, for example, owe a duty to exercise varying levels of care to persons who have come onto their premises. Owners and operators of businesses owe customers who have entered the business premises the duty to keep the premises in a safe condition and to warn customers of the existence of dangerous conditions on the premises. Homeowners owe a duty to keep their homes and land in reasonably safe condition for anyone invited into their houses or onto their land. Even adult trespassers are owed a duty of care by the owner of a home, business, or other premises to warn them of dangers the trespassers are not likely to detect. This duty arises after the owner becomes aware of an adult trespasser’s presence. If the trespasser is a child, the owner has the higher duty to take reasonable precautions to protect the child trespasser from harm. This duty includes the duty to erect fencing around a pool that is adequate to protect a child trespasser from harm.

Injuries or Deaths Caused by Defective Products

Products that have been released to the market in a defective state very often cause injury or death to those who use the products or are otherwise exposed to them. A person who has been injured by such a product may be entitled to recover damages from certain parties involved in the product’s production and release to the public through the institution of a product liability action. If a victim dies of injuries sustained by a defective product, the victim’s immediate family members may be entitled to recover damages sustained by the family members as a result of the victim’s death in a wrongful death action brought against the same defendants.

Though product liability actions may be brought as breach of warranty, negligence, or strict liability claims, product liability actions to recover damages for a victim’s personal injury or death are usually brought as strict liability claims. Strict liability claims allow a plaintiff to hold certain defendants liable for a victim’s injury or death without the necessity of proving negligence on the part of any of the defendants. Thus, the manufacture as well as others in the chain of a defective product’s distribution may be held strictly liable for injuries and deaths caused by the product’s defect even if none of the defendants was negligent in producing the defective product or releasing it to the public.

Injuries or Deaths Caused by Medical Malpractice

Medical malpractice may also result in someone’s personal injury or death. Doctors and other medical professionals have the duty to exercise reasonable care for their patients’ safety and health during the patients’ treatment and care. The failure to exercise such care may result in a medical professional’s liability for damages suffered by a patient or a deceased patient’s family if the patient’s injury or death is determined to have been caused by the medical professional’s negligent treatment or care.

Hospitals and other entities that employ such medical personnel may also be held indirectly liable for injuries or deaths caused by their employees’ negligence. If the hospital or other entity caused an injury or death through its own negligence, the entity may be held directly liable, as well.

Contact Us

If you have been injured or one of your family members has died as a result of another’s negligence, medical malpractice, or a defective product, The Killino Firm’s West Palm Beach, Florida, personal injury attorneys can help you obtain the compensation you deserve from the individuals and/or entities responsible for your injuries or loved one’s death. Contact The Killino Firm at 561-835-9898 for expert and experienced assistance with your personal injury case.

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The Killino Firm's West Palm Beach attorneys work tirelessly for each and every client and do what it takes to get the results our clients deserve.
Working with the Killino Firm in West Palm has made my situation more than ideal.
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Date published: 03/05/2015
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