Personal Injury Attorney Tampa
Personal Injury, Wrongful Death, Nursing Home Abuse
At Trentalange & Kelley, P.A., we represent injured victims and their families in the following personal injury areas: wrongful death or catastrophic personal injury resulting from medical malpractice, defective products, aviation accidents, toxic substance exposure, accidents involving automobiles, motorcycles, bicycles, personal watercraft and boats, nursing home negligence and abuse, pharmaceutical drug liability, slip and falls, improper security, and many others. If we do not handle your particular type of case, we are glad to refer you to a well-qualified colleague in that specialty.
If you or a loved one has suffered from one of these injuries, contact Trentalange & Kelley, P.A. at (813) 226-1080, or toll-free at (800) 789-1117. We will set up an initial consultation to discuss your case, free of charge. If we are able to take your case, we will work on a contingent fee basis – which means that we only get paid for our services if you win a monetary award.
Automobile Accident Attorney
An automobile accident can cause serious injury or death. Often, the at-fault driver’s insurance company refuses to accept responsibility or, even worse, fails to acknowledge the seriousness of the injuries involved. The injury attorneys at Trentalange & Kelley help level the playing field so that those injured in auto accidents can achieve justice and are not victimized again.
- DUI Related Accidents
- Hit & Run Accidents
- Public Transportation Accidents
- Vehicle Collisions
Motorcycle Accident Attorney
If you or someone you know has had a motorcycle accident and has sustained personal injury as a result of this accident, then you or your loved one may be entitled to a substantial monetary award. At Trentalange & Kelley, P.A., our Tampa motorcycle accident attorneys help injured accident victims of motorcycle accidents throughout Florida. You can call the TK Firm for a free consultation.
At Trentalange & Kelley, P.A., we utilize the expertise of accident reconstructionists and investigators to present the strongest case possible on your behalf. We also have decades of experience and insight in dealing with insurance companies and their practices. Because of this knowledge, we can maximize the available monetary compensation for each client, for all damages related to medical expenses, property damages, lost wages, and pain and suffering.
Bicycle Accident Attorney
In most Florida cities, bicyclists have the same rights as pedestrians in a crosswalk, on a sidewalk, and in a bike lane. So, if a driver backs over a sidewalk or bike lane, enters the crosswalk where you were crossing, fails to notice you on the roadway or claims you weren’t in the normal flow of traffic, the bicycle accident attorneys at Trentalange & Kelley, P.A. are here to help.
Some common types of bicycle collisions that a cyclist may be injured in as a result of the driver’s negligence include:
- The automobile driver turns directly in front of the bicyclist
- The automobile driver enters the street from a driveway or parking spot and pulls out into traffic in front of the bicyclist
- The driver of a motor vehicle fails to yield at an intersection or runs a stop sign or red light
- The driver of a motor vehicle’s inattention while driving past a bicyclist causes an accident
- The automobile driver fails to look both ways after stopping at a stop sign
- The automobile driver is impaired by drugs or alcohol
- Even if you don’t have medical insurance, the TK Firm can refer you to doctors and clinics who will treat you on a lien basis–meaning you can pay after you receive a settlement.
Unfortunately, it’s common for bicyclists to get the smaller settlements from insurance companies. Recent studies show insurance company settlements for car accidents receive 30% to 40% higher settlements than bicyclists who suffer the same types of injuries. That’s why it’s important to seek the help of experienced bicycle accident attorneys who will work to get you the monetary settlement you deserve for your pain and suffering.
Trucking Accident Attorney
Unfortunately, trucking accidents often result in severe or even fatal injuries, because cars and SUVs are not built to withstand the impact of large trucks, like 18-wheelers. It’s important to choose a highly experienced truck accident attorney in Florida to ensure you get the monetary compensation you deserve. The law firm of Trentalange & Kelley, P.A., has successfully represented trucking accident victims and their families. We’ll fight to get you the compensation you deserve.
Some causes of accidents involving large semi-truck rigs and 18 wheelers are:
- Driver fatigue
- Aggressive driving
- Excessive speeding
- Trucks without blind spot mirrors
- Faulty brakes, tires, and lights
- Unlicensed truck driver
- Disobeying safety procedures
- Motor vehicle inspection failure
- Repair and maintenance failure
- Failure to yield the right of way
- 18 wheeler crash
- Driving under the influence of drugs or alcohol (DUI )
- Truck rollover
- Backing up/moving in reverse
- Multi-vehicle collisions
- Blow tire
- Transporting equipment with trailers
- Overloaded trucks or trailers
- Loads shifting weight
If a truck accident has caused you or your family member serious injury or death, contact the TK Firm immediately. Any delay can harm your case, and important evidence for your case can disappear. Our personal injury attorney consultation is free, and there is no cost to you unless we win your truck accident injury case.
Medical Malpractice Lawyer
Medical professionals are held to a standard of care. When they fall below that standard and injure a patient, that mistake is known as medical malpractice. Medical mistakes kill or injure more than 90,000 Americans every year.
Have you or a loved one been injured by a doctor, nurse or another healthcare provider? If so, then it’s imperative to meet with a medical malpractice attorney as quickly as possible. Florida law dictates the time limit in filing a medical malpractice lawsuit. Therefore, it’s to contact us quickly. Trentalange & Kelley, P.A. offers free, no-risk case evaluations. Please, contact us today!
A Tampa Medical Malpractice Attorney Can Help You
We Help You Recover Compensation
If you or someone you love, sustained an injury because of medical negligence, then filing a lawsuit can give you an opportunity to recover compensation for your losses. Depending on the details of your case, a medical malpractice attorney may be able to help you seek compensation for the medical bills (both past & future), lost wages, physical pain and emotional suffering associated with the injury.
In some cases, your medical malpractice attorney Tampa will recover compensation by negotiating a monetary settlement with the medical healthcare professional’s insurance company. However, when settlement negotiations do not produce fair results, TK Firm’s malpractice attorney may file a lawsuit against the healthcare professional(s) or hospital that allegedly committed medical malpractice.
Use of Medical Experts in Malpractice Lawsuits
The Tampa medical malpractice attorneys at the TK Firm work closely with medical experts. Medical expert serves two purposes in a malpractice lawsuit. One, the medical expert will evaluate the patient treatment that was administered, so they can carefully tell the jury how the doctor violated the accepted standard of care of the medical profession. Two, medical experts will testify in regard to the extent of the patient’s injuries and damages they suffered as a result of the malpractice. The expert witness’ professional credibility is critical for success in a malpractice case, so the expert witness must be a respected authority in the medical field at issue. Further, the testifying expert must be able to communicate complex issues in a clear, concise manner so the jury will understand.
Medical Malpractice Occurs When…
A doctor’s or other medical professionals’ conduct does not meet the standard of acceptable care, and this misconduct results in injury to a patient.
Common medical malpractice circumstances:
- Surgical Errors
- Delayed Diagnosis and Misdiagnosis
- OB/GYN Negligence
- Improper Tests are Ordered
- Hospital Malpractice
- Plastic Surgery Malpractice
- Misinterpretation of Test results
- Failure or Refusal to Listen to their Patient
- Cancer Misdiagnosis
- Postoperative Negligence
- Misreading X-Rays and Ultrasounds
- General Anesthesia Errors
- Medication Errors
- Emergency Room Malpractice
- Failure to Review Patient Medical History
Trentalange & Kelley, P.A. offers free, no-risk case evaluations.
Nursing Home Negligence Lawyer
Residents of Florida’s Nursing Homes have rights designed for their protection, including the right to be free of abuse and to receive proper care, medical and otherwise. Recent changes in Florida law have left Nursing Home Residents even more vulnerable than before. Developing bed sores while under Nursing Home care is unacceptable. In most cases, it is unavoidable. Falls, medication errors, failure to respond to call lights can lead to injury or death.
There is no excuse for negligent behavior by the very people we entrust to care for our loved ones. If nursing home neglect or nursing home abuse occurs, then they must be held accountable. Our goal is to care for the victims of nursing home abuse and elder neglect victims and to prevent further abuse from ever happening again. There are many ways nursing home abuse hurts elderly people and dependent adults including:
- Failing to adequately staff nursing homes
- Failing to screen the hired staff members
- Falsely claiming to provide superior care, while cutting costs
- Cutting costs so much that the care is inadequate
- Abusive verbal communications
- Abusive physical handling on the elderly
- Negligent Security
The Nursing Home Reform Act
The 1987 Nursing Home Reform Act usually governs Elder Law. It is a set of laws that created the minimum standards for the care in elder resident nursing homes and assisted living facilities. The Nursing Home Reform Act requires that all elder care facilities provide:
- Individual resident care plans
- Nursing services
- Social services
- Pharmaceutical and medication services
- Dietary & nutritional services
- Rehabilitative services
- The Residents’ Bill of Rights
- Facilities with 120 beds or more require a full-time social worker
The Nursing Home Reform Act also guarantees certain rights to nursing home residents:
- Freedom from abuse, mistreatment, and neglect
- Freedom from physical restraints
- The right to privacy
- Participation in resident and family groups
- The right to be treated with dignity
- Freedom to exercise self-determination;
- Freedom of communication;
- Freedom to voice grievances without discrimination or reprisal.
- Accommodations to medical needs, physical needs, psychological needs, & social needs
- Freedom to participate in the review of one’s care plan, the right to advanced information and notice to any changes in care, treatment, or a change of status in the facility;
Trentalange & Kelley, P.A., proudly fights for the rights of Florida’s disabled and elderly.
Slip & Fall Lawyer
Slip and fall accidents are the second leading cause of personal injury in the United States. Slip and fall accidents often result in long-lasting injuries that are physically, mentally, and financially damaging. These injuries can be life-altering and require lifetime medical treatment. If you or a family member are a victim of a slip and fall accident, you may be entitled to monetary compensation. Trentalange & Kelley, P.A. represents clients injured due to a slip and fall accident. We can help guide you through the medical and legal process, minimize the disruption to your life as much as possible, and we will work tirelessly to ensure your rights are protected, and you are compensated for damages. The TK Firm is not afraid to bring your case to trial as we have won jury trials involving slip and fall accidents. We have also successfully resolved hundreds of cases on behalf of our slip and fall accident victims.
If a property owner or business operator has been negligent in failing to correct a dangerous condition that caused you to slip or trip and fall, you may have a strong liability claim. You need an experienced Tampa slip and fall attorney who can help you navigate the complicated and sometimes challenging path of slip and fall accidents. Please, contact our office to schedule a free consultation.
Defective Product Lawyer
Breach of Warranty
“Products liability action” is civil action based upon theories of, “strict liability, negligence, breach of warranty, nuisance, or similar theories for damages caused by the manufacture, construction, design, formulation, installation, preparation, or assembly of a product.” (Statutes & Constitution: View Statutes: Online Sunshine. (n.d.). Retrieved from http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0)
A claim can be brought under a Breach of an Express Warranty or Breach of an Implied Warranty. Breach of Express Warranty can happen under two different situations: 1. the goods are advertised to possess certain qualities or characteristics and 2) where there is labeling that makes statements about the product.
In a suit for a breach of an express warranty, the claimant must prove that the product does not live up to the seller’s representation of the product at the time of purchase. And the claimant (buyer) relied on what the seller told them when they bought and used the product.
The two different types of Implied Warranties are, Warranty of Merchantability and Fitness for a Particular Purpose.
A product can still be considered dangerous even if there was no defect in the design or manufacturing of the product. A claim for injury and damages may exist because of inadequate instructions or warnings. This can occur when there are foreseeable risks of harm posed by the product, which could be reduced or avoided by providing reasonable instructions or warnings. The failure to do so causes the product to become not reasonably safe.
It’s a manufacturer’s duty to warn consumers of hidden dangers with a product. Also, they have a duty to instruct users on how to use a product. This helps end-users avoid any dangers, and they can then use the product in a safe and intended manner. A warning has to be clear, specific, and conspicuous so that a user can easily find and read the warnings.
Negligent Product Design
An injury that is caused by a defective product is often the result of negligent design. Often time these cases involve manufacturer design decisions that occurred during product creation. These types of claims contend that there was something inherently wrong with the product even when it is used as intended. Claimants must prove the manufacturer failed to exercise reasonable care. The injured party must also demonstrate that the product created an unreasonable risk of foreseeable injury.
By law, product manufacturers, have the responsibility to protect consumers by designing and manufacturing safe products without dangerous flaws. They must also advertise the product in a truthful manner. If you believe that you, or someone you know, has been injured by a defective product, it is important to maintain the item safely to allow for a complete inspection and analysis by an expert. Take photographs of the item, the area of the accident, your injuries and try to preserve as much evidence as you can.
Strict Liability is the theory of having legal responsibility for an injury imposed on a wrongdoer without having to prove carelessness or fault. This would impose responsibility for damages and injuries even if the person found to be strictly liable was not specifically negligent or careless in their actions.
Strict liability is associated with defectively manufactured products. It has also been applied to harm resulting from abnormally dangerous conditions and activities. You may be able to recover damages if harm results from the lawful miscarriage of an activity that is unusual, extraordinary, exceptional, or inappropriate in light of the place and manner where the activity is conducted. Common hazardous activities: storing explosives or flammable liquids,
blasting, accumulating sewage, emitting toxic fumes. Although these activities may be hazardous, they may be appropriate or normal in one location, but not another, so strict liability could be a potential theory of recovery under certain circumstances.
Plaintiffs will have to prove the product caused the harm, but they do not have to prove exactly how the manufacturer was careless. Also, the product buyer, injured guests or bystanders, and others with no direct relationship with the product can sue for damages that were caused by the product. Plaintiffs have to prove that the product was defective, and the defect proximately caused the injury. They must also prove that the defect rendered the product unreasonably dangerous. End users and bystanders who suffer personal injury or property damage may be able to hold the manufacturer or seller of the defective product liable without showing actual negligence or intent by the manufacturer or seller to cause harm.
Wrongful Death Lawyer
Grieving death is always difficult. The death of a beloved that is the result of a third party’s negligence causes more grief and many unanswered questions. How did this happen? Why did it happen? How could it happen? How do we move on to this new reality – the loss of a loved one’s companionship and support?
Florida Wrongful Death Act
“When the death of a person is caused by a wrongful act or negligence of any person–including those occurring on navigable waters–and the event would have entitled the person killed to maintain an action and recover damages if death had not ensued, the negligent person, persons or corporation may be liable for damages.” (Chapter 768 Section 19 – 2011 Florida Statutes – Retrieved from http://www.flsenate.gov/laws/statutes/2011/768.19)
The civil action for Wrongful Death has to be brought on by the decedent’s personal representative, also known as the executor of the estate. The executor can bring the claim on behalf of all the decedent’s survivors who are legally entitled to recover damages. Survivors can include a spouse, parent, children, and other lineal descendants. The estate itself has claims for medical and funeral expenses and lost net accumulations of the person who died. Allowable damages recovered are specified in the Florida Wrongful Death Act. However, there are certain exceptions to the act involving cases of medical malpractice, so it’s important to consult with a wrongful death attorney.
At TK Firm, our wrongful death attorneys represent clients across many communities, throughout west-central Florida. We help answer the family’s questions and obtain the compensation they need after suffering such a terrible loss.
We know what the shock of wrongful death can do to families and friends. The moment you engage our services, we can help you cope with the immediate needs, such as funeral arrangements, opening the estate, and notification to others. Our experienced wrongful death attorneys will immediately begin to investigate how the wrongful death occurred and who are the persons or entities responsible. This is a painful time, so we are sure to employ knowledgeable, experienced and compassionate experts throughout our investigation.
It can be incredibly difficult to make decisions when a loved one dies. But it’s important to act quickly and start the investigation, preserve evidence, and file a lawsuit before the statute of limitations prevents action. We have deep compassion for what you are going through and will do everything in our power to help you through it.
A person or family needing a Wrongful Death Lawyer should look to the qualifications of the law firm they wish to hire. We’ve been representing families involved in cases of Wrongful Death cases for decades. We represent families in which the negligence of a person or corporation has caused the death of another in both state and federal court in various counties throughout the State of Florida.
We want our clients to have complete confidence that the TK Firm will represent their family and have a true appreciation for the loss they have suffered. We never take for granted the importance of handling a case involving Wrongful Death, nor will we forget how important it is to give the family and all aspects of the case the personal attention deserved. At Trentalange & Kelley, P.A., you can speak directly to the lawyer that’s handling your case and we will be available to you 24 hours a day, 7 days a week.
Other Practice Areas Include:
Sexual Molestation/Abuse Lawyer
Clergy Misconduct Attorney
Boating/Watercraft Accident Attorney
Mis-filled Prescriptions Attorney
Preventable Suicide Attorney
Aviation Accident Attorney
Birth Injuries Attorney
Negligent Security Lawyer
Industrial Accident Attorney
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