Your Personal Injury Questions Answered
Frequently Asked Questions
At Scolaro Law, We Provide representation for victims of catastrophic injuries and serious accidents
If you have been injured, Scolaro Law is here to be your trusted advocate and answer all of your personal injury questions.
Cruise Ship Accidents FAQs
Over the last 25 years, Attorney Thomas Scolaro and his team have successfully litigated cases against all major cruise lines, including Carnival Cruise Line, Royal Caribbean Cruise Lines, Norwegian Cruise Line, Celebrity Cruises, MSC Cruises, Disney Cruise Line, Oceania Cruises, and Regent Seven Seas Cruises. We have also handled cases out of California against Princess Cruises and Vikings Cruises, as well as Seattle, Washington against Holland America Line and Seabourn Cruise Line.
At Scolaro Law, we handle all types of cruise ship cases, from wrongful death, medical negligence, falls, and sexual assault to food poisoning, food allergies, shore excursion accidents, and tender boat accidents. We also handle cases involving child safety incidents and inadequate security. No matter the complexity or nature of the accident, we apply our knowledge of maritime law to investigate the facts and craft a strategic path forward. Our commitment to our clients is unmatched, and we fight relentlessly to secure the maximum compensation they deserve.
The statute of limitations for cruise ship injury cases is typically one year from the date of the incident, as specified in the cruise line’s ticket contract. In addition to this one-year limit, most contracts also require passengers to provide a written notice of the claim to the cruise line within six months of the incident. Failure to file the lawsuit within the one-year period or provide the required notice within six months can result in a total bar of the claim.
Yes, Scolaro Law has extensive experience litigating cruise ship accident cases in federal court. Mr. Scolaro is a skilled trial lawyer who will fight at mediation, in the courtroom, and through trial to ensure you receive the justice you deserve.
Based in Miami, the cruise capital of the world, Scolaro Law is uniquely equipped to handle cruise ship accident cases. Most cruise lines are headquartered in Miami, and cruise passenger tickets typically indicate that lawsuits based on negligence must be filed in Federal Court, in the Southern District of Florida located in Miami, FL. Located in Miami, we have amassed invaluable experience handling cruise cases both in Federal Court and through Arbitration.
At Scolaro Law, we represent clients in maritime accident, personal injury, and wrongful death cases on a contingency fee basis. This allows our clients to focus on their recovery without the concern of upfront legal costs.
If we can secure a financial settlement or verdict, our fee is a percentage of the total recovery, with expenses deducted only after the recovery is made. If we do not win the case, there are no legal fees to pay. Upon retaining our firm to represent you, we will take the time to go over our fee structure.
Boat Accident FAQS
A boating accident occurs when a watercraft incident leads to injuries, fatalities, or property damage. These incidents can include capsizing, collisions with other boats, swimmers, or objects, and accidents caused by hazardous conditions on the water. In general, any situation where someone is hurt or a vessel is damaged on the water qualifies as a boating accident.
While hiring an attorney after a boating accident is not legally required, doing so can significantly improve the outcome of your case. A skilled attorney has the experience to investigate the causes of the accident, assess the full extent of your losses, and negotiate with insurance companies on your behalf. They can also help you avoid common mistakes that might reduce your compensation. At Scolaro Law, we focus on handling the complexities of maritime law with force, honesty, and transparency so our clients can focus on recovering.
Boating accidents can result from various factors, often human error and environmental conditions. Some common causes include distracted or reckless operation, operating a boat under the influence of alcohol or drugs, and inexperience behind the wheel. Additional factors, such as adverse weather, mechanical failure, boat overload, or insufficient safety equipment, can exacerbate risks on the water. Florida’s unpredictable weather and busy waterways make boat operators need to remain vigilant and prepared.
Boating accidents often result in serious injuries due to the unique hazards of being on the water. Drowning is a leading cause of fatalities, but other injuries can include hypothermia, burns, lacerations, broken bones, spinal cord damage, and head trauma. Victims may also experience long-term effects like permanent scarring or disabilities, depending on the severity of the accident. Tragically, many accidents result in loss of life.
In Florida, boating accidents are most common in heavily trafficked and popular waterways where recreational boating thrives. Locations such as Miami, Key West, and Fort Lauderdale are prone to accidents due to their vibrant boating culture and high volumes of watercraft activity. This includes parasailing, jet skiing, paddleboarding, and snorkeling. With its mix of recreational and commercial vessels, Miami’s Biscayne Bay poses significant risks, especially during weekends and holidays. Key West often sees incidents involving charter boats and personal watercraft, especially due to inexperienced riders and strong water currents around the Keys. Fort Lauderdale features crowded marinas and waterways that demand careful navigation. Other high-risk areas include Tampa Bay, Naples, and the Intracoastal Waterway, where busy channels, sudden weather changes, and inexperienced operators can lead to accidents.
Determining fault in a boating accident can be complex, often involving multiple parties and factors. The boat’s operator may be liable if they acted recklessly or negligently, speeding or failing to follow navigational rules. Other potentially responsible parties include the manufacturer of a defective boat component, a company that failed to maintain the vessel properly, or another boat operator involved in the collision.
You may have a claim for compensation if you were injured in a boating accident caused by someone else’s negligence. This includes cases where the accident led to medical expenses, lost wages, pain and suffering, or other financial losses. You may be entitled to recover damages if the accident occurred on a personal watercraft, a chartered boat, or a cruise ship. With different applicable statute of limitations to maritime accidents, consulting with an experienced boating accident lawyer is paramount to determining the strength of your claim and the compensation you could receive before your claim is barred.
The compensation you may receive depends on the specifics of your case. Victims often recover damages for medical expenses, lost wages, property damage, and pain and suffering. In cases involving severe injuries, compensation may also cover long-term care, future lost earnings, and other related expenses. The amount awarded will depend on the severity of your injuries, the impact on your quality of life, and the degree of negligence involved. An experienced attorney can help you calculate the full value of your claim to ensure you seek fair compensation.
At Scolaro Law, we understand the unique challenges of boating accident cases and are committed to providing personalized, compassionate legal representation. We are located in South Florida, the boating capital of the world, and have years of experience handling maritime accident claims. We use our legal edge to our client’s advantage while working tirelessly to hold negligent parties accountable and help our clients recover the compensation they deserve.
Road Accident FAQs
While it is possible to resolve your claim on your own, retaining an experienced attorney can significantly increase your chances of receiving full and fair compensation. We handle all aspects of your case, from dealing with insurance companies to representing you in court if necessary, and ensure that your rights are protected at every stage.
The value of your car accident case depends on a range of factors, including the severity of your injuries, medical treatment costs, lost wages, pain and suffering, your negligence, and the extent of the at-fault party’s liability. At Scolaro Law, we assess the totality of your case to determine its value, and then we fight to get you the most considerable compensation possible.
If the other driver is uninsured, you may still be able to recover compensation through your insurance policy if you have uninsured motorist coverage (UM). If you do not have UM coverage, you can explore other options, such as filing a lawsuit or seeking compensation from a liable third party. Our team at Scolaro Law will guide you through your options and help you pursue the best possible outcome, including pursuing a non-obvious defendant.
In Florida, the statute of limitations for filing a personal injury lawsuit after a car accident is typically two years from the accident date. However, acting as soon as possible is important because the evidence in your case may no longer exist if you wait too long before retaining an attorney.
Insurance companies often offer settlements quickly, but these offers never cover the full extent of your damages, especially when future medical treatment or long-term consequences are considered. Before accepting any settlement, consulting with an experienced attorney at Scolaro Law is imperative. We will review your case and ensure the offer adequately compensates you for your injuries, lost wages, pain and suffering, and future treatment needs.
Florida follows a modified comparative negligence rule, meaning you can still pursue a claim if you were partially at fault. However, your compensation may be reduced by your percentage of fault. For example, if you are found 20% at fault, your compensation will be reduced by that amount. Our team will carefully review the facts of your case to ensure you are not unfairly attributed any shared responsibility.
After an accident, medical bills can pile up quickly. In Florida, Personal Injury Protection (PIP) insurance typically covers a portion of your medical expenses, regardless of fault. However, PIP limits are typically up to $10,000 and can exhaust rapidly. This is why you may need to retain an experienced Florida attorney to help you with your mounting bills and prevent your credit from being affected.
The length of time required to resolve a car accident claim varies depending on the case’s complexity, the severity of your injuries, and the defense tactics the other side uses. Some cases can be resolved in months, while others may take longer if litigation is required. We work diligently to resolve your case as efficiently as possible without compromising your right to full compensation.
WRONGFUL DEATH FAQs
A wrongful death occurs when a person dies as a result of someone else’s negligence, recklessness, or intentional misconduct. Under Florida law, this can include fatal car accidents, medical malpractice, defective products, and other incidents where a duty of care was breached.
In Florida, only specific family members or dependents are eligible. This typically includes the surviving spouse, children, parents (if there is no spouse or children), and other relatives who were financially or emotionally dependent on the deceased.
The personal representative is the individual designated (either by the will or by the court) to manage the deceased’s estate. This person files the wrongful death lawsuit on behalf of the surviving beneficiaries, ensuring that all claims are pursued and that the compensation is distributed fairly.
Florida law imposes a strict two-year statute of limitations for filing a wrongful death lawsuit from the date of death. There are exceptions in certain circumstances, so it is critical to consult with an experienced attorney as soon as possible.
Damages in a wrongful death claim typically fall into three categories:
- Economic Damages: Covering medical bills, funeral costs, and lost income.
- Non-Economic Damages: Addressing the loss of companionship, parental guidance, and emotional suffering.
- Punitive Damages: Awarded in cases of gross negligence or intentional harm to deter future misconduct.
Yes. In many instances, the lawsuit can be initiated even if the personal representative has not yet been formally appointed. Our team will guide you through this process to ensure that your claim is filed correctly and within the legal time limit.
Premises Liability FAQS
Your first priority should be your health—seek medical attention right away, even if the injury seems minor. If possible, document the scene by taking photos or videos of the hazard that caused your injury. Report the incident to the property owner or manager and ask for a written report. Gather witness contact information and avoid making statements about fault. Finally, contact Scolaro Law as soon as possible to protect your rights.
You may have a claim if your injury was caused by a hazardous condition that the property owner knew or should have known about and failed to fix or warn you about. Common examples include wet floors, broken stairs, poor lighting, or inadequate security leading to an assault. Our premises liability attorneys evaluate your case and determine whether the property owner is legally responsible.
If you were injured on someone else’s property, you are entitled to compensation for:
- Medical expenses (past and future)
- Lost wages and reduced earning capacity
- Pain and suffering
- Emotional distress
- Permanent disability or disfigurement
- Wrongful death damages (if a loved one was fatally injured)
Depending on the circumstances, liability could fall on:
- Property owners (homeowners, landlords, business owners)
- Property management companies
- Retail stores, hotels, restaurants, and entertainment venues
- Homeowner associations (HOAs)
- Security companies (for negligent security cases)
- Contractors or maintenance companies that failed to fix the condition that caused your injury
In Florida, the statute of limitations for most premises liability cases is two years from the date of injury. If you fail to file within this time, you may lose your right to recover compensation.
Yes, but your compensation may be reduced under Florida’s comparative negligence law. If you are found partially responsible for the accident, your recovery will be reduced by your percentage of fault. For example, if you were 20% at fault and your total damages were $100,000, you would receive $80,000. However, if you are more than 50% at fault, you may be barred from recovering damages.
Negligent security cases arise when property owners fail to provide adequate security, leading to assaults, robberies, or other crimes. If a business or landlord fails to provide proper lighting, working locks, security cameras, or guards in high-crime areas, they may be liable for harm caused by foreseeable criminal acts. These cases often involve apartment complexes, hotels, parking garages, gas stations, ATMs, and nightclubs.
Yes, but the level of duty depends on your status as a visitor:
- Invitees (customers, tenants, guests): Property owners must regularly inspect the premises, fix hazards, and provide warnings.
- Licensees (social guests, delivery workers): Owners must warn about hidden dangers they are aware of but are not required to inspect for unknown hazards.
- Trespassers: Generally, property owners do not owe a duty of care unless the case involves a child and an “attractive nuisance” like an unfenced pool.
Strong evidence is crucial in these cases and may include:
- Photos/videos of the hazard that caused your injury
- Surveillance footage from the property
- Witness statements
- Medical records linking the injury to the accident
- Maintenance logs and inspection reports
- Incident reports from the property owner
- Prior complaints or violations related to the hazard
Because evidence can disappear quickly, it’s essential to act fast and have Scolaro Law preserve key records.
At Scolaro Law, we work on a contingency fee basis, meaning you pay nothing upfront. We only get paid if we win your case. Our fee is a percentage of your recovery, so you never have to worry about legal fees unless we secure compensation for you.
Product Liability FAQs
If you are injured by a defective product, take the following steps:
- Seek medical attention to document your injuries.
- Preserve the product in the condition it was in at the time of the injury. Do not repair or alter it.
- Keep all packaging, instructions, and receipts associated with the product.
- Take photos and videos of the product, your injuries, and the scene.
- Document your experience by writing down how the injury occurred.
- Consult Scolaro Law as soon as possible to protect your rights.
Yes, it is possible to file a claim without the product, but it may be more challenging. Other forms of evidence, such as medical records, witness statements, product recall notices, and expert testimony, can help establish that a defect existed. If the product was discarded due to safety concerns, our skilled attorneys can work to gather supporting evidence.
No, a product does not need to be brand new. If a defect existed when the product left the manufacturer and directly caused your injury, you may still have a case. However, modifications, improper maintenance, or excessive wear and tear could impact the claim.
A recall can strengthen your case by showing that the manufacturer acknowledged the product was dangerous. However, a product does not need to be recalled for you to have a valid claim. Even if a recall was issued, the manufacturer may still be held liable if the defect caused harm before or after the recall notice.
Yes. You do not need to be the original buyer to file a claim. If you were injured while using a defective product—whether it belonged to a friend, family member, employer, a business, or whether you bought it from the original buyer—you may still have a valid case.
You may still be eligible for compensation. Under Florida’s comparative fault system, your compensation may be reduced based on your level of fault, but it does not necessarily prevent you from recovering damages. If the defect was a primary cause of the injury, the manufacturer can still be held responsible.
It depends on the circumstances. Some product liability claims are filed as individual lawsuits, while others become class action lawsuits or mass tort cases if multiple people were harmed by the same defect. Scolaro Law’s attorneys will determine the best approach for your case.
Product liability cases can take anywhere from several months to a few years, depending on factors such as:
- The complexity of the defect and injuries
- The number of defendants involved
- Whether a settlement is reached, or the case goes to trial
- The availability of expert analysis and evidence
- At Scolaro Law, our goal is to maximize your recovery while working to resolve your case efficiently
Expert witnesses provide critical testimony in product liability cases. They may include:
- Engineers who analyze product defects and safety failures.
- Medical professionals who explain the extent of injuries caused by the defect.
- Industry experts who evaluate whether the product met safety standards.
- Economic experts who calculate financial losses due to medical expenses and lost wages
Scolaro Law stands apart through:
- Extensive experience – Over 100 years of combined experience handling product liability cases.
- Proven results – Over $500 million recovered for injured clients.
- Trial-ready strategy – We prepare every case for litigation from day one.
- Resources and expert network – We work with top industry experts to build the strongest possible case.
- Personalized representation – We treat each case as more than just a legal matter—we fight for justice and long-term security for our clients.
What Our Clients Are Saying
“My family and I are extremely blessed to have had Tom and his team represent us during the most difficult time of our lives.”
Tom’s tireless work ethic was evident, revealed to us through constant communication and updates throughout the lengthy process. Tom handled our case as I would have handled it, if I had his legal expertise, with relentless determination, ferociousness, professionalism and integrity. That being said, his kindness, compassion and transparent genuine dedication to me and my family showed in every interaction. For whomever is reading this, and is considering being represented by him and his team, I will leave you with this, making this decision can and will alter the trajectory of your life. It has for me and my family, I wish you well, choose wisely.
Fran
What Our Clients Are Saying
“Highly Talented, Honest, Compassionate Lawyer”
My wife suffered a serious injury when we were visiting Miami. We hired an injury lawyer who failed to get us a satisfactory settlement after many months. We transferred our case to Tom and his team. Tom, Renaud and the rest of the team care deeply about their clients and go far beyond the client/attorney relationship. Our experience with Tom and Renaud was very satisfactory from the first moment we consulted with Tom. Tom and Renaud always responded quickly and effectively to all our questions. They did a brilliant work investigating and researching evidence, interviewing witnesses, and preparing for mediation. Tom hired a professional photographer to produce a short documentary video to highlight the amount of pain and suffering which my wife and every member of our family have suffered due to the injury. This video in addition to the many talents of Tom have ensured the satisfactory settlement which we got. Tom helped us to achieve a very satisfactory settlement, which was more than double what our first attorney managed to negotiate. The amount of investigation and research which Tom and Renaud put in our case was unbelievable. The way and strategy that Tom used to negotiated with the insurance company was amazing. Tom is an honest, compassionate, and extremely talented attorney, and above all he is a great negotiator. I would highly recommend him, and his amazing team, to anyone who needs a personal injury lawyer.
O.R.
What Our Clients Are Saying
“I would highly recommend Scolaro Law to anyone that needs someone on their side.”
Tom and his whole team were great. My suit took a long time, and they explained and guided me through every step. They were patient and kind, and made sure it was as easy for me as they possibly could. They didn’t just care about how much of a settlement they could get; they cared about the bottom dollar for Me. They didn’t just work the case; they understood it. Their knowledge of the legal system, what works and what doesn’t, is hard to find. I would highly recommend Scolaro Law to anyone that needs someone on their side.
Maria
What Our Clients Are Saying
“It was truly a pleasure to work with all the team of Scolaro Law.”
From our very first consultation, Thomas Scolaro was knowledgeable, compassionate, and genuinely invested in my case. Tom and his legal assistant Barbie took the time to explain every step of the legal process, ensuring I fully understood my options and potential outcomes. They were always prompt in responding to any questions or concerns I had, making me feel supported and well-informed throughout. Thomas’s expertise and dedication truly showed in the handling of my case. He fought tirelessly to achieve the best possible result, and thanks to hard work of all Scolaro law team, the outcome exceeded my expectations. It was clear that the team not only knew the law inside and out but also genuinely cared about my well-being. If you’re looking for a professional, compassionate, and highly skilled attorney, I wholeheartedly recommend Thomas Scolaro and I am grateful to have had him by my side.
Nataliia
Contact Scolaro Law Today
Contact Scolaro Law today for a free consultation. Our experienced team will fight tirelessly to secure the justice and compensation you deserve.
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