Plantation Personal Injury Lawyer

The Ellsley Law Firm has almost 30 years of experience litigating and trying injury, accident, and wrongful death cases in Florida. Our goal is to protect the rights of individuals whose lives have changed unexpectedly and dramatically and to help them gain the compensation they deserve as victims of another's negligence. When you retain us, a Plantation personal injury attorney from our law practice will work tirelessly on your behalf, allowing you the chance to recover. While we recognize that it is often difficult to return to life the way it was before a life-changing accident, we are dedicated to doing everything in our power daily to improve the lives of those who have suffered.

Nationally recognized personal injury lawyer

Mr. Ellsley is a Florida Bar Board Certified Civil Trial Lawyer. This means he has been certified (and recertified) by the Florida Bar as a specialist in the area of Civil Trial Law. Of the more than 100,000 lawyers who are licensed to practice law throughout Florida, there are approximately 4,100 who are Board Certified. Of those, there are fewer than 3,000 who have achieved the distinct level of specialization in Civil Trial law that Mr. Ellsley has achieved. He has been rated by his peers as an AV Preeminent Rated Lawyer by Martindale-Hubbell. This is the highest ranking that can be achieved. He is also a Life Member of the exclusive Multi-Million Dollar Advocates Forum, a national organization of select trial attorneys who have achieved one or more verdicts or settlements of more than $2 million for an individual client. Fewer than one percent of all lawyers throughout the United States have been chosen for membership. He was also the President of the Broward County Trial Lawyers Association in 2011. Mr. Ellsley is also a Florida Supreme Court Certified Mediator and a Florida Supreme Court Qualified Arbitrator. He is often appointed my circuit court judges throughout the State of Florida to serve as a Mediator or Arbitrator.

Taking cases other lawyers won't touch

Over the decades, we have obtained millions of dollars for our clients after other law firms have rejected their cases. This is because prior lawyers did not find the evidence that we found, nor did they think outside of the box to change their initial theories of liability.

This approach has led us to represent clients in cases of national significance. In 2022, when former Ohio State Buckeyes, Washington Redskins, and Pittsburgh Steelers quarterback Dwayne Haskins, Jr. was tragically killed after being struck by a dump truck on I-595 in Broward County, we represented his estate in complex wrongful death litigation involving more than 14 defendants. The case required extensive investigation and to uncover the complete circumstances surrounding the incident and ultimately resulted in settlements with the truck driver, truck owner, truck broker, and various other parties. The lawsuit proceeded in Broward County Circuit Court and drew news coverage from major national media outlets including ESPN, Sports Illustrated, and USA Today.

In 2023, following the crash of a Broward Sheriff's Office Fire Rescue helicopter into a Pompano Beach apartment complex, we represented displaced residents, Terran Vandiver and Frederick Lorenzo Snell. These 2 brothers lost their home in the incident when the helicopter crashed through their roof after it sustained a fatal mechanical failure while in flight. The case highlighted concerns about aging aircraft and maintenance protocols — the helicopter involved was 24 years old, and a 2017 consultant report had recommended its replacement. Our representation focused on helping the displaced families navigate insurance claims and recovery of their losses during an extraordinarily difficult time when they suffered post-traumatic stress disorder and other various injuries.

These high-profile matters reflect the same investigative thoroughness and creative legal thinking we bring to every client's case, regardless of media attention. Sometimes the most important evidence isn't immediately apparent. Sometimes liability extends beyond the obvious defendant. We don't accept incomplete answers when our clients deserve the complete truth.

Direct access to your attorney

Pursuing justice is often a long and confusing process for victims. This is especially true for those whose lives are in crisis because of a tragic event. Our personal injury lawyers strive to ensure that our clients are fully informed and engaged every step of the way. This is why we provide every client with a private and direct telephone line connecting them to the specific attorney handling their case. If you are unable to travel to our office, a Plantation accident attorney would be more than happy to visit you. Call us today to schedule a free, no-obligation consultation with a Plantation injury lawyer.

Car accidents

Car accidents account for the highest percentage of personal injury claims. This is especially true in Florida, which consistently ranks among the top three states that report the most car accidents in the U.S. Injuries caused by car accidents can range from minor to permanently disabling and even deadly. Common car accident injuries include:

• broken bones
• bruises and contusions
• whiplash
• back injuries
• traumatic brain injuries
• spinal cord injuries
• internal damage

Most lawyers only focus on the cars or motorcycles involved. We approach every car crash case with an environmental analysis initially. This means we review what the roadway conditions were, whether there were any visual obstructions that prevented one or both for the drivers to see each other, and then we review the case for product failure (brakes, steering, crashworthiness) and other general negligence that may have caused or contributed to cause the accident and injuries.

We have handled numerous cases in which pedestrians, motorcyclists, and bicyclists were severely injured because the driver that hit our client could not see them clearly due to vision obstruction, poor maintenance of street signs, stop signs, crosswalks, and/or stop bars on the roadway. Many lawyers do not even look at these factors.

Defendants in car accident cases may be legally responsible if they behave negligently or, in more extreme cases, recklessly. In third-party liability car accident cases, the defendant may be legally responsible based on the concept of strict liability, vicarious liability, and a legal concept called respondeat superior.

• Negligence is the failure to fulfill a legal duty to take reasonable actions to keep someone else safe. To win a negligence-based lawsuit, the plaintiff must prove the defendant owed the plaintiff a duty of care, breached that duty, and that the breach of duty caused the plaintiff's injury. Additionally, the plaintiff must prove the injury caused damages that can be compensated with a monetary award. Most personal injury cases are negligence-based lawsuits.
• In strict liability cases, the plaintiff is not required to prove the defendant failed to act reasonably. Instead, the defendant may be legally responsible despite having taken steps to protect the plaintiff from the accident that caused injury. Car accidents that are caused by a dangerous element in a product's design or a manufacturing defect are often strict liability cases. Sometimes it doesn't become apparent that an accident was caused by a parts manufacturer until after a thorough investigation. We have the resources to investigate your accident and identify the parties who are responsible for your injury.

Florida truck accident claims

Truck accidents can quickly become more complicated than accidents between passenger vehicles. Commercial trucks are owned by a business entity, thus adding another variable to the legal claims that can arise from commercial truck collisions. In a truck accident, one or more of several parties may be at fault:

• the driver
• the driver's employer
• the truck manufacturer
• the city or municipality
• a private property owner

Unlike other drivers on the road, truck drivers are often driving under tight deadlines. They may be pressured to drive in unsafe road conditions to complete deliveries on time. Although the commercial truck industry requires drivers to have mandated rest periods, truck drivers may still be fatigued while driving. Like drivers of passenger vehicles, truck drivers also experience distractions. Drunk or otherwise intoxicated driving also occurs in the commercial truck industry. Employers conduct routine tests to confirm that drivers are not intoxicated while on the road. However, spot checks do not always allow employers to identify employees who may be drinking or using drugs while on the clock.

Truck drivers and their employers bear a great deal of responsibility in keeping others safe on the road. Because commercial trucks are much larger than passenger vehicles, they can cause more damage if a collision takes place. Employers are responsible for hiring capable, competent, and responsible drivers. New drivers must meet licensing and training requirements before taking solo trips on the road. Once new drivers are taking trips, employers are required to check in with drivers and provide ongoing education and training to ensure safe driving. Any lapse in vetting, training, and ongoing monitoring and driver education can expose a company that employs truck drivers to liability if their driver is at fault in an accident.

Filing a motorcycle accident claim

Florida's scenic landscape and ocean breezes are a motorcyclist's dream. Motorcycle riders should exercise extreme caution on the Sunshine State's roadways. Confusing traffic patterns, aging infrastructure, and crowded roads add to the element of risk motorcyclists take on as they travel local streets.

Not only should motorcyclists exercise caution when riding in traffic, but drivers should also be mindful of motorcyclists when sharing the road. Car and truck drivers should maintain an appropriate following distance when behind a motorcycle. Because motorcycles have a shorter stopping distance than larger vehicles, drivers must allow ample space in front and anticipate sudden stops.

Beyond exposing a motorcyclist to an increased risk of serious head injury, choosing not to wear a helmet can also have legal implications. Florida courts apply the modified comparative negligence rule to negligence-based personal injury claims.

Under modified comparative negligence, if the case proceeds to a jury trial, the jury, as the finder of fact in the case, will assign a percentage of fault to each party. Upon a motion for entry of final judgment filed by one of the parties, the judge will enter an order apportioning the fault and if a plaintiff contributed any amount of fault in an accident, the court will assign a corresponding percentage of fault to the plaintiff. After determining the maximum amount of damages to which the plaintiff would be entitled to, the judge will reduce the plaintiff's award amount by the percentage of fault the court has determined that the plaintiff contributed to the accident. In Florida, as the law currently stands since 2023, the plaintiff will get ZERO DOLLARS of damages if the plaintiff is found to be more than 50% at fault.

A motorcyclist who forgoes wearing a helmet may be determined to be partially at fault for the extent of his or her injury. A Plantation motorcycle accident attorney can explain modified comparative negligence and other concepts that may affect the amount of compensation you receive.

Slip and fall cases

Slip and fall accidents are the second-most common type of personal injury accident. They usually conjure an image of a person stepping on a slippery surface and falling. This is just one type of slip and fall accident. Other varieties include:

• trip-and-fall accidents
• step-and-fall accidents
• elevated falls
• same-level falls

A trip-and-fall occurs when an object or uneven surface causes the victim to trip and then stumble and fall. Step-and-falls and trip and falls occur when the victim encounters an unexpected change in the height of the walking surface. For example, the victim may be walking in a dimly lit area and not be aware that he or she is approaching a set of stairs that lead upward. Elevated falls involve the victim falling from a higher surface onto a lower surface. Elevated falls occur more often among people who work in the construction industry and those who engage in recreational activities that involve climbing, flying, or riding thrill rides. However, an elevated fall can occur anytime someone is positioned on an elevated surface and is at risk of falling and landing on a lower surface. Same-level falls happen when the victim falls on an even surface. Slip-and-falls that occur on an even surface are also same-level falls.

Florida wrongful death claims

If an accident causes a fatality, the victim's family may file a wrongful death claim against the party who is at fault. Although murder and manslaughter cases are criminal matters, the victims' surviving family members may also file a wrongful death claim in civil court. The main difference between criminal murder and manslaughter cases and civil cases is the plaintiff's objective. In a criminal case, the state or federal government is the plaintiff, and the objective is to determine innocence or guilt. If the court returns a guilty verdict, the next objective in a criminal case is to sentence the plaintiff to a penalty. In a civil wrongful death case, the plaintiffs' objective is to receive compensation for their loss.

Another key difference between criminal and civil cases is the standard of proof. In a criminal case, the prosecution must prove its case beyond and to the exclusion of each and every reasonable doubt. However, in civil cases, the standard is slightly lower. Instead of proving its case beyond a reasonable doubt, civil court plaintiffs must prove their case by the greater weight of the evidence.

The process of filing a wrongful death case in Florida is slightly different from the process in other states. Instead of filing a claim directly, the victim's family members are required to have a representative file the claim on their behalf. Our wrongful death lawyers based in Plantation practice throughout the State of Florida. Any wrongful death attorney in our Plantation office will explain the process of filing a claim and lawsuit.

Other practice areas

Although car accidents and slip and fall cases account for most cases we handle, we represent plaintiffs in an array of personal injury cases in Plantation and Broward County and other surrounding areas. Some other types of personal injury claims we can help you with are listed below.

Pedestrian accidents

Although pedestrians and motorists should exercise extreme caution in parking lots, they don't always do that. Cars tend to travel at slower speeds, but there are more obstructions in parking lots, and vehicles are more likely to suddenly move in reverse. In a parking lot accident that injures a pedestrian, the driver may not necessarily be the only party at fault. The business that owns and maintains the parking lot may be liable if negligent upkeep was a contributing cause of the accident. Our attorneys can sift through the different variables in your pedestrian accident case and file a claim on your behalf.

Bicycle accidents

For many drivers and bicyclists, coexisting on the road is an ongoing struggle. Aggressive behavior between bicyclists and motorists can lead to serious injury. The slightest unexpected move by a driver can affect a bicyclist's balance and cause a fall. Failure to look out for traffic and yield appropriately can cause a collision. Our attorneys are familiar with the dangers bicyclists face on Florida's roads. Let us fight for your right to receive compensation for your bicycle accident injuries.

Boating accidents

With more than one million registered watercraft in the state, Florida reports its share of boating accidents each year. Crowded waterways, disregarding navigation signs and safety rules, and boating while intoxicated are some common causes of boating accidents. Moreover, the state's licensing and education requirements for the operation of watercraft are not extensive. Therefore, inexperienced boaters from local communities as well as tourists take to the state's waterways, increasing the risk of tragic accidents.

Line-of-sight/obstruction

A line-of-sight accident occurs when an object obstructs a driver's view of a traffic sign, another driver, pedestrian, motorcyclists, or bicyclist. Sometimes there are vision obstructions to the road itself and maintenance of traffic problems caused by barricades, barriers, and other structures. Also a major problem are overgrown vegetation in the roadway medians, piled trash, and signage on private property. These vision obstructions are dangerous and cause many a traffic accident. If you were injured in a collision and your view was blocked or the other party's view was obstructed, you may be able to file a claim against the party that caused the obstruction. We'll help you determine who was at fault in the accident that caused your injury.

Spinal injuries

Spinal injuries can stem from many different types of personal injury accidents. Some examples include:

• car accidents
• motorcycle accidents
• truck accidents
• boating accidents
• trampoline accidents
• playground accidents
• birth injuries

Even a minor spinal injury can cause lingering pain that requires months or even years of ongoing physical therapy and medical treatment. More severe spinal injuries can cause paralysis. If you or a member of your family has suffered a spinal cord injury, our team can represent you in your fight for compensation to cover ongoing care and to account for the lifestyle changes the victim experiences.

Aviation accidents

People who are injured in aviation accidents may file a personal injury claim against the airline, the plane manufacturer, and potentially other parties that may have caused the accident. If an aviation accident causes the victim's death, the victim's surviving family members may file a legal action on the injured worker's behalf. Family members may also receive compensation for funeral expenses, loss of companionship, loss of financial support, and possibly other losses, depending on the family members' relationship to the victim.

Nursing home neglect

Nursing homes are regulated by state and federal law. Therefore, a nursing home or nursing home worker who causes injury to a resident may potentially be held liable in criminal and civil court. Nursing home neglect can cause serious injury to seniors and may even cause death. Victims and their families may file a legal claim against the nursing home in addition to individuals who may have played a role in causing the victim's injury.

Dangerous products

A product is dangerous if a defect in the product's design, manufacturing, or marketing creates a hazard. Some products are considered dangerous because they are inherently hazardous and the manufacturer or seller fails to warn users of the hazard. Courts apply the strict liability rule to dangerous product cases. Therefore, the business and corporate entities that design, manufacture, market, label, and sell dangerous products are generally liable for the injuries the products cause despite making a reasonable effort to neutralize the hazard.

Insurance disputes

Insurance companies handle personal injury settlements and litigation on behalf of their clients. The insurance company's claim adjuster and more often its lawyer is charged with the task of minimizing the company's loss through payouts. Therefore, when an insurance company makes you a settlement offer, very rarely is the offer the most equitable. In fact, you should treat the initial offer as an invitation to negotiate. If you are injured, we'll handle the negotiating on your behalf. Our team is qualified to handle insurance disputes by standing up to the corporate insurance giants who want to limit your financial recovery.

Swimming pool accidents

Swimming pools are common features in backyards across Florida. Along with fun and relaxation, they come with strict laws and serious responsibilities. State law requires property owners to properly enclose their outdoor swimming pool with a gate and latching door that meets the specified height and functional requirements. Pool owners who do not comply with state law may be liable if another person suffers an injury after entering the pool without authorization or supervision.

Private property owners are not the only parties who may be liable in a pool accident. Businesses that make pools available to guests are required to have a lifeguard on duty or warn guests when a lifeguard is not present. Pool operators are also required to post a variety of other warnings including signage that indicates pool depth and the potential for slipping hazards.

Drowning accidents

Drowning accidents are not limited to unsupervised pool settings. A drowning accident can occur as a result of a boating accident, while visiting a lake or beach, or even if a babysitter leaves a child unattended in a bathtub. Our team is experienced in navigating the sensitive subjects that drowning accidents often involve. Whether a trusted caregiver or a beloved theme park is legally at fault in a drowning accident, we will handle your case with the utmost care, professionalism, and discretion.

Playground accidents

When children are at play, they are carefree. They're not aware that serious playground accidents happen. Sometimes, a playground injury may be worse than a simple fall. Metal playground equipment can become dangerously hot in Florida’s scorching sunny weather. Equipment may become rough and develop sharp edges as the equipment ages. The equipment may fall apart under the weight of a child if it's deteriorating or was improperly assembled. In some instances, the adult who is responsible for watching the child may be at fault if he or she does not provide adequate supervision.

Trampoline accidents

Trampolines are simple devices that can deliver hours of fun but are also responsible for some of the most horrific injuries to legs, arms, and necks that emergency room doctors have to treat. When considering safety, trampolines are elevated devices that can cause injury. Falls, strains, sprains, and bruises are some examples of trampoline accidents that can occur if a jumping session takes a wrong turn. More adventurous trampoline users may attempt dangerous stunts that can cause serious injury if improperly executed. Adults are responsible for supervising children while playing on a trampoline. If a trampoline is broken or is otherwise in a condition that makes jumping a hazard, the owner of the trampoline typically has a legal responsibility to inform visitors of the safety risk or to remove the hazard from accessible areas. Every owner of a trampoline needs to seriously consider putting up netting that prevents trampoline users from being thrown to the ground and sustaining serious and painful injuries.

Construction accidents

Construction is an inherently dangerous industry. As a result, construction employers must follow a multitude of safety regulations to minimize known and reasonably foreseeable hazards. If you are a construction worker, and you've been injured on the job, you can generally file a claim to receive workers' compensation benefits. Beyond your employer's workers' comp program, you may be entitled to file a personal injury claim against persons or entities who are not your employer in civil court. The workers' comp program was designed to provide a streamlined process through which workers can receive compensation for their injuries. Through the program, injured workers may also receive training and accommodations to help them get back on the job.

Workers' compensation has its drawbacks. The amount of compensation an injured worker may receive through a civil claim is quite limited. Workers' comp pays a percentage of the injured worker's weekly salary while the worker takes time off to recover from his or her work-related injury. If a worker has been injured due to gross negligence amounting to a reckless and wanton disregard for human life on the part of his employer, a worker may be able to bring a liability claim directly against his employer. A personal injury attorney at our law firm can help you weigh the pros and cons of filing a workers' compensation claim vs filing a civil court claim to receive compensation for your construction injury.

Electric scooter accidents

Electric scooters have exploded in popularity as a fun, flexible, and relatively low-cost mode of transportation. People of all ages ride them to work, to school, or on an impromptu excursion around Plantation. Scooter riders face many of the same hazards that elevate the risk level for bicyclists. Moreover, many drivers have not yet grown accustomed to fast-moving scooters that can suddenly sprint into a crosswalk or intersection. If you've been injured in an electric scooter accident, our team has the knowledge and expertise to help you get the compensation you deserve.

Negligent security

Security is often a concern when people gather in public places or stay overnight on commercial properties. Businesses install door locks and gates, implement crowd control measures, and hire security personnel to make a reasonable effort to keep visitors safe. Nevertheless, some businesses may have limited safety plans while others lack safety measures altogether. People who are injured by an attack that occurs as a result of a security breach may be entitled to receive compensation. Whether you were injured in a shooting or if your Airbnb was burglarized, contact us to learn more about legal remedies that may be available to you.

Airbnb negligence

Airbnb turned everyday people who had a spare room or a second property into instant business owners. Unfortunately, the crash course Airbnb owners receive in the hospitality industry is sometimes not enough to prevent accidents from happening. Common Airbnb hazards that lead to accidents include:

• dimly-lit areas
• damaged flooring
• damaged stairs
• loose rugs
• damaged furniture
• lack of smoke detector or carbon monoxide detector
• broken door locks
• lack of sufficient security measures

If your stay at an Airbnb resulted in your injury, you may have legal recourse. Let the attorneys at The Ellsley Law Firm review your potential case.

Dog bites

Dogs are man's four-legged companions. Although most domesticated dogs are accustomed to living with people and generally exhibit safe, friendly behavior, dogs are still extremely unpredictable animals. Therefore, even a friendly dog can behave in a vicious manner under certain circumstances. Dog bite incidents are strict liability personal injury cases. The dog's owner is automatically liable for the victim's injury. Even if the owner made a reasonable effort to prevent the dog from biting someone, or if the dog was not known to be a vicious dog, the owner will generally still be required to compensate the victim. If you've been injured by a dog bite, call us. We will file a claim on your behalf.

Liquor liability/dram shop

Serving alcohol to a person who has an alcohol addiction can lead to civil liability. Though more narrow in scope than liquor liability laws in other states, Florida's dram shop law prohibits businesses from serving alcohol to a minor or someone the business has actual knowledge was habitually addicted to alcohol. Therefore, serving alcohol to a regular bar patron who exhibits signs of serious alcoholism can be risky. Moreover, if a business knowingly services alcohol to a minor or to someone who is addicted to alcohol, the business may be liable if the individual becomes injured as a result of drinking the alcohol or if the individual causes injury to someone else in a resulting accident. Generally, a bar is not liable for serving a person too many drinks unless it is proven that the person who was served too many drinks is a minor OR the person who was served too many drinks was known to employees of the bar to be a habitual drunkard or someone who was known to be too drunk all of the time at the bar in the past.

Maritime worker injuries

Similar to construction, the maritime industry is physically demanding. Because maritime workers' jobs take place on water navigating vessels, offshore platforms, or at a dock, standard workers' compensation plans do not cover maritime employees. Instead, workers in the maritime industry have other legal options if they sustain an injury while on the job. Injured maritime workers can seek compensation under federal law. The Jones Act protects workers who are employed on a vessel. Seamen who are injured on the job may file a claim against their employers if employer negligence or an unseaworthy vessel caused injury. More like standard workers' compensation, the Longshore and Harbor Workers Compensation Act entitles injured maritime workers to compensation for medical care, vocational rehabilitation, and other benefits.

Arbitration and Mediation

Mediation and arbitration are alternative dispute resolution methods that may be more favorable for a litigation or party than a bench trial or a jury trial. Mediation is informal and designed to reach a settlement through a series of negotiation steps. Both parties work together with a neutral third party, called a Mediator, to reach a solution that is acceptable for both sides. Arbitration is an adversarial process. Like a trial, a neutral third-party arbitrator hears arguments and receives evidence from both sides. After the presentations, the arbitrator decides. The decision can be legally binding or non-binding, depending on the details of the process. We can discuss key differences between mediation, arbitration, and taking a case to trial to help you and the opposing party decide if alternative dispute resolution may be for you. Rick Ellsley is an Arbitrator and also a Mediator as well as a personal injury trial lawyer.

Choosing The Ellsley Law Firm to handle your personal injury case

There are numerous personal injury lawyers in Plantation. What sets us apart from the pack is our approach to caring for each client and our thorough, diligent, competent style of providing legal representation. As members of the Multi-million Dollar Advocates' Forum, we are in the company of some of the most prestigious attorneys who practice in the United States. As membership is limited to attorneys who have won million dollar or multi-million dollar verdicts or settlements, fewer than 1% of trial lawyers are members. In addition to being Forum members, our AV Preeminent Rating is a testament to the effective counsel our dedicated attorneys consistently deliver to our clients.

But don't let our accolades intimidate you. We are as client-oriented as we are accomplished. We take pride in being members of the local Plantation community. Therefore, we bring valuable first-hand local knowledge to every case. Not only do we take part in the community, but our service sets us apart. If you are unable to come to us, we'll come to you. Our team is available to do home and hospital visits. Don't get bogged down by the legal work that follows an accident. Let our Plantation personal injury lawyers do the legwork for you. Call us to request a case evaluation today.