Personal Injury Laws and Your Rights to Recovery

Personal Injury Laws and Your Rights to Recovery

Video Transcript

So you've been in a car accident. What happens next? There are many things that you should do but here are the three most important:

Number One: See a doctor immediately. 

A broken bone is easy to see, but some injuries are not. The most common injuries from car accidents happen in the neck, back, or head. The only way to diagnose and treat them is by seeing a doctor. A doctor can help ease the pain, provide medication, reassure you of how your injury may impact your daily life, and tell you what not to do to make it worse.

A visit to the doctor can also give you legally protected time off to recover and rest your body after an accident, and it documents and provides the evidence you may need for your case. Even a five-mile-per-hour car accident can cause a serious injury. So whether you've had a severe accident or a minor collision, see a doctor. And if you don't have medical insurance, let us know and we'll make sure that you receive the proper care. 

Number Two: Write everything down.

Even if it seems small, during times of stress or injury it is common to forget the little details. Make sure you keep note of the pain that you're in. With neck, back, and head injuries, sometimes simple activities such as walking up the stairs or picking up a toddler may cause severe pain. 

You may not be sleeping well at night. Documenting how much you sleep and how often you wake up due to pain is also very important. And lastly, if you have any cuts or bruises, take daily photos as you heal. This will provide visual evidence of the injuries that you've suffered. 

Number Three: Do not speak to an insurance company until you've spoken to a lawyer.

Please understand that the insurance adjuster works for a billion-dollar corporation and not for you. Their interests are solely for their insurance company, and their goal is to provide you with the least amount of financial settlement as quickly as possible. When you do speak with them, remember they will record the conversation. Why do they do this? Because they've been trained to ask questions that may confuse you. So talk to us before you talk to them. 

So remember: See a doctor, document everything, and call us before calling the insurance company for your free private consultation. We are here for you. Real tough lawyers fighting real tough issues.

What Are the Most Common Types of Personal Injury Cases?

Personal injury law is divided into two main categories: intentional and unintentional acts (accidents). Intentional acts include civil claims for assault and battery, as well as a few other ones like defamation/slander, stalking/harassment, and sexual abuse. Unintentional acts may include those which cause car accidents, or actions that result in a slip-and-fall injury in a grocery store aisle.

Here are some of the most common cases handled by the experienced personal injury lawyers at Osborne & Francis:

Medical Malpractice

  • Medical product or device injury: Medical products or devices that cause injury in patients may be the fault of the product manufacturer, the medical staff that performed the procedure, or multiple parties. For example, unsafe transvaginal mesh implants can lead to serious complications such as pelvic organ prolapse and stress urinary incontinence. Many patients require additional surgeries, but still experience debilitating side effects such as infection, pain and bleeding.
  • Surgical errors: Surgical mistakes can include operating on the incorrect site on the patient, damaging organs, muscles and nerves, or leaving surgical implements inside your body. These are known as “never events” because they should never happen with a competent medical team.
  • Birth injuries: We frequently help families who experience devastating labor and delivery complications. These can be the result of a healthcare provider’s negligence, such as detrimental delays in delivery or performing Cesarean sections, which can result in Erb’s palsy, cerebral palsy, and/or asphyxia (lack of oxygen).
  • Traumatic brain injuries (TBIs): Brain and spinal cord injuries often lead to significant cognitive impairment and paralysis. Osborne & Francis personal injury attorneys work hard to help victims recover full support and restore their quality of life.
  • Failure to diagnose: Failing to properly diagnose a medical condition or event can lead to significant delays in treatment, and sometimes even death. In particular, negligent assessment and treatment of heart attacks, aortic aneurysms, and cancer prevent timely and life-saving medical treatments.
  • Hospital negligence: Hospitals are busy places and medical personnel often find themselves treating many patients at one time. Negligence can happen when someone fails to communicate with you or other members of your healthcare team, improperly monitors your condition, or prescribes or administers incorrect prescription drugs. These negligent behaviors can lead to significant harm.

When you enter a medical establishment, you should be in a safe place. Medical personnel swear an oath to do no harm, and are held to some of the highest standards of care by their profession and by the law. If you’re injured due to negligent care or suspect you’ve been harmed by medical malpractice, contact the personal injury lawyers at Osborne & Francis at (561) 293-2600 today.

Automobile Accidents

Automobile accidents are all too frequent. Anyone who spends a regular amount of time commuting to work or driving to accomplish regular errands is statistically going to be involved in a vehicular incident eventually.

A fender-bender in a parking lot is often a small inconvenience handled by insurance coverage, but a high-speed crash with a tractor trailer truck, bike or motorcycle, or pedestrian can be life-altering and even deadly. Insurance often does not cover the full cost of such losses. Accidents that involve uninsured motorists or Lyft or Uber rideshare drivers can also complicate your access to compensation. Accidents caused by another’s negligence or recklessness, like distracted driving or drunk driving likely require a veteran lawyer with personal injury and auto accident experience.

The personal injury attorneys at Osborne & Francis have an extensive history of successfully representing vehicular accident cases of all kinds. Contact us to schedule a free, confidential consultation if you’ve suffered a vehicle-involved injury and need professional advice and representation.

Premises Liability

Premises liability laws require property owners to ensure their property is safe and accessible for you when you visit. Slip-and-fall accidents are all too common and can cause significant injuries. Shopping cart injuries can endanger children. Assaults or robberies committed on premises that fail to provide adequate security or thorough employee background checks are also matters of the law.

Whether you’ve been injured at a commercial business like a grocery store, or at a private home or public event (including swimming pool accidents), you may be able to recover financial losses and punitive (aka “punishment”) damages that are charged to the negligent owner.

Wrongful Death

An injury that causes or contributes to a person’s untimely death is considered wrongful death under the law. The death of a loved one as the result of negligence is a particularly traumatic experience. A legal treatment of such an event attempts to compensate for the loss of companionship, the anguish experienced by surviving family members, and the loss of economic support (especially in cases where the deceased was the sole or main breadwinner for a household).

We at Osborne & Francis work diligently to guide our clients through the legal system with compassion and respect after the death of a loved one. Call us at (561) 293-2600 to ensure that your case is handled properly and swiftly within all relevant legal timelines.

contact our office to speak to a lawyer.

do you still have questions?


What Can a Personal Injury Settlement Provide?

Since personal injury cases are widely diverse, and each person’s recovery needs unique, there is no one-size-fits-all answer to what a personal injury settlement could mean for you and your family. However, there are some general areas of compensation you might expect.

The following considerations are typically included in cases of personal injury:

  • Medical bills: Coverage for the cost of doctor and hospital visits, ambulance transport, surgeries, medications, physical therapy, and/or mobility aids — whatever treatment needs your injury requires.
  • Lost wages: If you have to take time off work or lose out on employment opportunities to heal, an experienced personal injury lawyer can help calculate the wages and other work-related benefits lost.
  • Pain and suffering: This includes physical pain due to your injury, as well as the psychological anguish, stress, and grief associated with a preventable injury.
  • Punitive damages: In certain cases where your personal injury attorney can prove negligence on the part of someone else, a judge may charge that person with punitive damages to punish their irresponsible behavior and teach a lesson. Those fees may then be awarded to you.
  • Wrongful death support: In the case of a fatal injury, wrongful death damages may cover funeral and burial costs, the fees associated with settling the deceased person’s estate, as well as the loss of financial and emotional support they would have provided for their family.

Our attorneys at Osborne & Francis have significant experience handling even the most challenging personal injury cases. We put in the work so that you can heal in peace, and do everything possible to recover all that you’re entitled to under the law. Call us at (561) 293-2600 to discuss your circumstances — we may be able to start relieving your worries right away.

Since personal injury cases are widely diverse, there is no one-size-fits-all answer to what a personal injury settlement could mean for you and your family — call Osborne & Francis at (561) 293-2600 to have your specific questions answered.

What is considered personal injury?

C. Smith

5 star icon

“I am so thankful for EVERYONE, the entire staff at Osborne & Francis Law, for mentoring me through the mediation process with my hip replacement failures. I didn't realize how MUCH pressure they relieved me of by helping me deal with the reality of this traumatic time in my life, as it was OVER so quickly with a positive result. My family is grateful to have their mom HAPPY & FOCUSED on the future, rather than worrying over what happened in the past! FAST FORWARD, we are LIVING LIFE to the fullest once again!”

E. Holland

5 star icon

Dennis and the other Osborne & Francis staff were amazing! Our case was HUGE and required tender loving care. Everyone on our case did their part by putting all the puzzle pieces together. We were given step by step updates and put at ease when our nerves got the best of us. For every inquiry we made we received a timely response...You are appreciated!

T. Andrews

5 star icon

“Attorneys Greg Francis and Ryan Fletcher at Osborne & Francis Law Firm represented me in my personal injury case.The defendant drew a line in the sand and was adamant on a settlement amount I was almost willing to accept. After the dust settled and the smoke cleared, we settled for 3 times that amount!!! When they say ‘Real Tough Lawyers,’ they mean it.”

Erica F.

5 star icon

"Best personal injury attorney around, I could not be happier! I was seriously injured in a car accident and Osborne and Francis helped me through the entire process. I was blown away by how knowledgeable the staff and attorneys are at this incredible law firm. I would not hesitate to recommend this law firm to friends and family!"

J. Davis

5 star icon

“I couldn’t have asked for a better lawyer/ firm — everything was done professionally exactly how I wanted. Due to COVID my personal attorney Mr. Garcia was still able to make things work in a timely manner and he never made me feel like he wasn’t working. Overall I’m happy with how my case turned out and I would recommend him and this law firm to anyone. 100% satisfied.”


5 star icon

Quick and fair resolution to a unique case. On advice of my own attorney, I engaged Joseph Osborne of Osborne & Francis of Boca Raton, FL. Mr. Osborne had considerable experience in cases such as mine and the results showed that. Mr. Osborne and his staff were very helpful, kept me up to date, and listened to my input. The settlement was very fair as far as I am concerned.

Please fill out the form below for your


Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.

How Can I Contact a Personal Injury Lawyer?

If you’ve been harmed and need support to recover, reaching out to a personal injury attorney may be the most important step you take. Find out what protections the law has regarding your rights, and what avenues of support you may have access to with the help of the right counsel.

If you are looking for a personal injury attorney, the offices of Osborne & Francis are based in South Florida, with nationwide reach. Call us at (561) 293-2600 or fill out our online contact form to find out whether you have a personal injury claim — we can provide the legal resources and advice you need to make the best decisions for you and your family.

Frequently Asked Questions

What is considered personal injury?

Personal injury law refers to injuries against persons. Regardless of whether those injuries occur at work, at the grocery store, or on the road, a personal injury lawyer may be able to help you access the support you need.

What are the most common types of personal injury cases?

Personal injury cases may arise from instances of medical malpractice, automobile crashes, or accidents on public or private premises. Severe personal injuries may lead to wrongful death, after which the surviving family members may need an lawyer with personal injury case experience to help them recover damages and support.

What does a personal injury settlement include?

A settlement or verdict in a personal injury case may cover:

  • Medical bills for healthcare treatment
  • Lost wages or work-related benefits
  • Pain and suffering — both physical and psychological
  • Punitive damages meant to punish wrongdoers who’ve been negligent or reckless
  • Wrongful death support after the loss of a loved one

What personal injury case experience does Osborne & Francis have?

The personal injury settlement and verdict victories achieved by the offices of Osborne & Francis include:

  • Securing a $1 million dollar settlement in a wrongful death shooting case involving negligent security at a trailer park.
  • Winning $2 million dollars on behalf of a plaintiff injured by corrosive metal in a Kinectiv Technology hip implant, manufactured by Zimmer.
  • Achieving a ground-breaking $26.7 million dollar verdict for four women injured by Boston Scientific’s Pinnacle vaginal mesh product.