Attorney Beryl Thompson-McClary has the skill and aptitude to represent you and advocate for your rights in your personal injury action. Beryl Thompson-McClary possesses knowledge and expertise that set her apart from other personal injury attorneys. She is a former prosecutor, and currently a criminal defense attorney, professional malpractice defense attorney, as well as a family law attorney. She has over 350 jury trial under her belt and has been a licensed attorney in the state of Florida for more than 28 years.
Beryl Thompson-McClary can tackle any case from both sides, a characteristic that helps her successfully pursue personal injury actions on behalf of plaintiffs who have been harmed by another’s negligence. Many plaintiff’s attorneys have never practiced law from the defense perspective, and this puts Attorney Beryl Thompson-McClary at an advantage, as her wide range of knowledge allows her to represent her clients with both a plaintiff and defendant frame of mind. She can expect what the other side might bring to the table, helping to make her clients’ cases much stronger.
Personal injury actions can be brought for numerous injuries that you have suffered. The standard for proving a personal injury action relies on your ability to prove that another party (either an individual, company or other entity) has committed negligence. In order to establish that the other party has acted negligently, you must prove the following:
- That the other party owed a duty to you in some way;
- That the other party breached that duty in some way;
- That the other party caused you to be physically (and sometimes emotionally) injured in some way; and
- That you suffered damages as a result of the other party’s negligent conduct
An easier way of understanding personal injury law is to remember that we all owe a duty of reasonable care to each other. For example, if you trip and fall, breaking your hip in a grocery store, you may have a personal injury action against the grocery store. If the grocery store did not clean up spilled liquid, and did not alert customers that there was a wet floor using a caution sign, then the grocery store did not use reasonable care to ensure its customers’ safety. The key question to ask in any negligence case involving personal injury is: But for the defendant’s conduct, would the plaintiff have been injured? If the answer to this question is yes, the plaintiff can likely recover in a personal injury action.
Attorney Beryl Thompson-McClary can represent you in nearly all cases of personal injury, however, she emphasizes her practice on injuries that are more common in Florida, such as the following:
- Pedestrian Accidents
Because Florida has such a large population, many Florida residents and tourists use walking as a form of transportation. The weather is great in the Sunshine State, so it is no wonder that millions of people are walking to enjoy the environment instead of using a car to move about. While this is a positive characteristic for Florida, it can lead to many pedestrians being harmed by motorists and bicyclists.
For example, if you are walking down a street and you have the right of away (the cross-walk sign at the stoplight shows that you are allowed to walk), and a car makes a right-hand turn and hits you, causing you physical injury, you have been harmed by the driver’s conduct that was unreasonable. After all, had the driver obeyed the cross-walk signal and waited for you to walk across the street, you may not have been hit and subsequently injured.
- Nursing Home Abuse & Neglect
Nursing homes are meant to allow ill individuals to recover outside of the hospital environment. The care a nursing home patients receive is intended to bring patients back to a much healthier and stable place. A nursing home is not supposed to be a permanent home for patients, however, many patients tend to stay in nursing homes for long periods of time. Unfortunately, nursing homes do not have a good reputation for excellent quality of care.
For example, many employees are not properly trained to assist patients, and patients are left alone to fend for themselves. This may include not rotating an individual who is unable to move on his or her own, causing that individual to suffer bed sores. It may also include a nursing aid failing to be near a patient who is getting in and out of a wheelchair, causing that patient to fall and break an arm, hip or other bone. Because the majority of nursing home patients are elderly, they tend to be treated as incompetent and their concerns, complaints and opinions either cannot be voiced, or are not taken seriously. When a nursing home patient is injured at the expense of an employee’s negligent conduct, that patient deserves to be compensated.
- Work Injuries
A significant number of Florida citizens have been injured while on the job. Whether it is tripping and falling, suffering a severe illness due to exposure of toxic chemicals, suffering from a back injury due to carrying heavy boxes, or even acquiring carpal tunnel from strenuous, daily typing, an employee deserves compensation for his or her suffering. Workers’ compensation is required in Florida for employers not in the construction industry and who have four or more employees. This is a type of insurance that covers workplace accidents for employees so they can receive the care they deserve to treat their injuries.
Attorney Beryl Thompson-McClary can help you with your worker’s compensation claim, to ensure the employer and insurance carrier are compensating you in accordance with Florida law. If an employer is not required to have workers’ compensation coverage, then employees may have personal injury actions against their employers, or possibly co-workers, if the injuries suffered were the result of a co-worker’s negligent conduct. This is especially important in Florida because the construction industry is booming, and many construction workers can only pursue claims to recover for their injuries by filing a personal injury action.
- Cruise Ship Injuries
Cruise ship injuries are prevalent in Florida due to the huge cruise ship industry. Florida’s location and weather allow companies to succeed in the business of tourism across the world. As with pedestrian accidents, where there are a significant number of people, the risk for injury increases on cruise ships. Cruise ships are extremely large and packed with people from all walks of life. The experience on a cruise ship can be exhilarating, but when you are injured either from another tourist’s conduct, or from an employee’s conduct, you deserve to be compensated.
For example, if you suffer severe food poisoning and are hospitalized, you may have a potential lawsuit against the cruise ship company. This is because the cruise ship has a duty to ensure the food provided to its customers is safe for consumption. If you incur medical bills and continuous treatment for the illness, the cruise ship is liable for paying you in the form of money damages. Further, if you fall off the cruise ship and your fall was a result of inadequate safety measures taken on behalf of the cruise ship, you may be able to recover in a personal injury action. Had the cruise ship placed additional barriers or had proper warning signs visible, you may not have been injured.
Beryl Thompson-McClary also represents clients who have been harmed in automobile accidents involving cars, trucks, motorcycles, and train crossings. Please see our individual practice area page for detailed information regarding this area of personal injury law. Further, Attorney Beryl Thompson-McClary will evaluate any potential personal injury claim, regardless of the facts, and you deserve to have an attorney by your side who will advocate for your right to recover for injuries you have suffered at the expense of another party’s negligent conduct.