An automated external defibrillator (AED) can help save lives in an emergency cardiac situation. However, in order for these devices to have the desired impact, they must be located where individuals need them the most, and they should be regularly maintained to ensure operability.
Unfortunately, there are times when individuals sustain significant harm, including loss of life, because of a violation of AED laws. At GOLDLAW, we are here to assist when you need a Port St. Lucie personal injury lawyer by your side. Our legal team can review your claim and help determine whether you should be able to recover compensation for your losses, your pain, and your suffering.
Facts and Statistics on Cardiac Arrest and AED Use
The National Institutes of Health estimates that around 1,700 lives are saved each year as a result of bystanders using an AED. However, medical professionals state that not enough Americans know how to look for or use AEDs in public locations, and it is likely many additional lives could be saved if the public receives increased awareness and training on these devices.
During a study from 2011 to 2015 of a network of six regions throughout the US and Canada, EMS personnel treated approximately 50,000 cardiac arrests outside of the hospital, which is where it is most dangerous for anyone to experience cardiac arrest. Analysis of these cardiac arrests shows that there is a greater likelihood of survival when bystanders use an AED rather than waiting for emergency personnel to arrive with their equipment.
Additionally, the NIH indicates that individuals are more likely to survive with minimal disability if they received an initial aid shock before EMS arrived than if treatment did not occur until after EMS arrived at the scene of the cardiac arrest. Data shows that the more time that elapses before emergency medical personnel arrive, the greater the benefit of bystanders using an AED.
A lack of prompt medical treatment typically means a greater likelihood of brain damage if a person survives at all. Delayed CPR or AED treatment can lead to a brain injury that gets progressively worse. Most people who survive cardiac arrest incidents receive prompt cardiopulmonary resuscitation and access to a defibrillator.
For a free legal consultation with an aed liability lawyer serving Port St. Lucie, call 561-222-2222
AED Laws and Legal Requirements
With the data so clearly showing a strong link between AED usage and cardiac arrests outside of the hospital, we would expect there to be stringent laws about the placement of these devices throughout public areas in Florida. Unfortunately, Florida’s AED laws do not go very far when it comes to mandatory placement of these life-saving devices.
According to Florida statutes, any public school currently a member of the Florida High School Athletic Association must have an operational AED on school grounds. Additionally, any school employee or volunteer who could reasonably be expected to use the AED must have a current dual CPR/AED certification. Any AED inside of a Florida public school should be registered with the local emergency medical services provider.
Florida law also requires that an AED be present in specific assisted living facilities, including licensed facilities that have 17 or more beds. Finally, every dentist’s office in the state of Florida must have an AED present.
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AED Injury Liability in Public Places in Florida
Listed above are the only places where an AED is required to be by Florida law. However, you are likely to find these devices in many other types of locations, including airports, malls, banks, government buildings, grocery stores, and other locations.
However, just because an AED is present at these other locations does not necessarily mean these individuals, business owners, or government entities will be held responsible for an injury or death that occurs on the premises.
There will need to be an extensive investigation into any incident where it was believed the lack of an AED or the lack of a working AED or trained personnel led to an injury or fatality. Even though these other locations may not be required to carry an AED by law, property owners or business owners may still hold liability if they had an AED on the premises, but the AED was not working properly or if there were no personnel present trained to use it.
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There may be various types of compensation available for a successful AED liability claim. The types of compensation available will differ depending on the nature of the claim. For example, if an individual survives and is filing a personal injury civil lawsuit, the types of compensation available will look different than if this becomes a wrongful death claim.
In general, the team at GOLDLAW will work diligently to recover economic and non-economic damages on behalf of AED liability claimants.
- Economic damages for an AED liability claim. Economic damages associated with an AED liability claim revolve around calculable expenses victims or families of victims are likely to incur. Some of the most common economic damages associated with AED claims include:
- Any medical bills arising as a result of the misuse of or absence of an AED
- The cost of any future medical treatment needed, including in-home care
- Lost wages if a victim is unable to work
- Loss of future earning potential if a victim is disabled or loses their life as a result of the incident
- Out-of-pocket expenses are rising as a result of the injury, disability, or recovery
- Non-economic damages for an AED liability claim. These damages are not as easily calculable as the economic damages mentioned. Generally, non-economic damages do not have specific receipts, bills, invoices, or estimates that can be added up with a calculator, but there are various methods accepted by the court to calculate these damages. Non-economic damages revolve around an AED victim’s more immeasurable losses, to include:
- Physical pain and suffering
- Emotional and psychological distress or pain and suffering
- Loss of enjoyment of life
- Loss of consortium for a spouse
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How Much Compensation is Available?
There is no amount of money paid to victims if their AED liability claim in Port St. Lucie is successful. Several factors can affect the total compensation amount, not the least of which is distinguishing between a personal injury claim and a wrongful death claim.
However, several factors could influence the claim mount, including the severity of the patient’s injury or illness arising as a result of the incident, how long it takes a person to recover, the level of any permanent disability sustained, and whether or not a person lost their life as a result of the incident. Other factors that can influence claim amounts include insurance policy limitations and the assets of the potentially liable parties.
The goal of an AED liability claim is to help recover enough compensation to make a victim or grieving family as “whole” as possible. A Port St. Lucie AED liability lawyer will likely work with trusted medical and economic professionals to adequately calculate total losses.
Time Limit for Filing an AED Liability Claim
Any person with a possible AED liability claim should file a lawsuit as promptly as possible. The time limits involved with these claims will revolve around either the personal injury statute of limitations or the wrongful death statute of limitations in Florida. Both of these statutes of limitations are two years from either the date of the injury or the date of a person’s death. However, there are specific a factor related to each of these specific time frames, and we encourage you to speak to your attorney as promptly as possible. For example, there are times when the statute of limitations can be extended, but only under certain circumstances defined through these laws.
When you work with an AED liability lawyer in Port St. Lucie, you will have an advocate ready to step in and get your claim filed on time with the appropriate court systems or insurance carriers.
Why Legal Representation Matters in AED Liability Cases
AED liability claims in Port St. Lucie are challenging. Moving forward with an AED liability claim without a Port St. Lucie AED liability attorney will be more complex than most people realize. The reality is that as soon as an insurance claim or personal injury/wrongful death lawsuit gets filed, insurance carriers and legal teams for the defendant will step in and aggressively begin defending the claim.
You need to have an AED liability lawyer on your side with the resources necessary to handle every aspect of the case on your behalf. The role of your AD liability lawyer will be multifaceted and will typically include the following:
- Advising you about what your case could look like moving forward
- Conducting a thorough investigation into the cardiac arrest incident
- Obtaining all emergency medical personnel and emergency room records related to the incident
- Working with trusted medical professionals to examine the evidence gathered
- Handling all communication with insurance carriers or legal teams involved in the incident
- Negotiating with insurance carriers or legal teams to recover fair compensation for their client
- Fully preparing the AED liability claim for trial if necessary
How Much Does an AED Liability Attorney in Port St. Lucie Cost?
We know that individuals looking for help after an AED liability issue may rightfully be concerned about how they will pay for legal assistance. However, at GOLDLAW, when we take an AED liability claim, we do so on a contingency fee basis.
Under a contingency fee arrangement, clients do not have to pay any upfront or out-of-pocket costs related to their case. We handle the entire process at our own expense. Additionally, clients will only pay a legal fee after we recover the compensation they are entitled to. In the event we do not win the claim, the client pays absolutely nothing.
How Long Will Your Case Take?
There is no set amount of time for how long it will take an AED liability claim to take in Port St. Lucie. The reality is that no two claims are exactly alike, and these cases are particularly challenging. This is a complex area of law, and the likelihood of a quick settlement is relatively slim. In the event liability is clear, a claim could be resolved in a few months, but that is unlikely to occur. These claims can take years to resolve, depending on the complexity of the issues involved and whether or not the other side offers a fair settlement.
My Loved One Lost Their Life – Do I Have a Claim?
As we mentioned above, an AED liability claim could potentially become a wrongful death claim in Florida, depending on the circumstances surrounding the incident. Though similar, wrongful death claims are different from personal injury claims. In Florida, wrongful death claims arise when one person loses their life due to the legal fault of another party, typically due to negligence, malpractice, intentional actions, or as a result of defective products (Fla. Stat. § 768.19 (2023)).
Under state law, the personal representative of the deceased individual’s estate must file the wrongful death claim in court on behalf of the surviving family members and the deceased’s estate.
The personal representative is responsible for listing all potential beneficiaries when filing a lawsuit.
The type of compensation available for a wrongful death claim will differ slightly from the compensation available through a successful personal injury claim against an alleged negligent party. At GOLDLAW, not only do we have extensive experience handling AED liability claims, but we also handle wrongful death cases in Port St. Lucie regularly. We have a thorough understanding of how to help you through both of these types of claims.
Contact Us for a Free Consultation
At GOLDLAW, we understand the challenges facing individuals who are harmed because of a lack of aid accessibility or because of a malfunctioning AED. We are here to help if you need a Port St. Lucie AED liability lawyer by your side. Our attorneys understand AED’s liability laws and are committed to securing justice for victims. You can reach out to our team for a free consultation by filling out our contact form or calling (561) 222-2222.
