Articles Posted in personal injury

The criminal and civil justice systems are separate and serve very different functions. While the criminal justice system seeks enforcement of our laws and ordinances, civil liability exists to allow individuals, families and businesses to be compensated for civil wrongdoings. In addition to serving different purposes, they also hold different proof burdens. This is why…

To win a slip-and-fall lawsuit in Florida, plaintiff (the injured person) must prove defendant had actual or constructive knowledge of the hazard and failed to address or warn about it. Actual knowledge means the business was aware of that particular hazard in that place and time. Constructive knowledge, per F.S. 768.0755, is proven with circumstantial…

A trucker deemed negligent in a trucking accident lost his appeal on a $3.3 million verdict favoring the driver of a minivan who suffered serious injuries in the crash. Part of that appeal was based on the assertion that trial court wrongly excluded evidence of plaintiff’s marijuana use prior to the crash. Defendant also argued…

Many personal injury lawsuits involve not just individuals, but also businesses. In fact, employers may be vicariously liable for the negligent actions of employees acting in the course and scope of employment. However, a recent decision by the state high court in Nevada held that individual members of a limited liability company cannot be held…

The state fair – and many of the other local fairs held throughout Florida and the country – are heavily anticipated and fondly remembered. However, the risk of potential injury and death cannot be overlooked, particularly when it comes to the safety of the amusement rides. From the Ferris wheel to the Fire Ball, these…

Florida has more fatal motorcycle accidents than any other state in the country. Data released earlier this year from the National Highway Traffic Safety Administration (NHTSA) revealed 616 motorcyclists were killed in the Sunshine State just in 2015 alone (an uptick from the initial estimate of 557). Now, a new analysis from the federal agency…

If you are injured in a slip-and-fall accident in a Florida business, you may be entitled to collect damages. However, just because you fell and were hurt doesn’t automatically mean you are entitled to damages. Each state has its own set of criteria for what must be proven, though it’s often similar. Florida updated its…

A recent report by Harvard Medical School revealed the rate of medical malpractice claims paid out in the U.S. has dropped substantially over the last 20 years – by 56 percent. Meanwhile, the average payout for successful claims has climbed by nearly 25 percent, reaching about $353,000 between 2009 and 2014, up from about $287,000…

According to a recent news article from The Florida Record, a resident of an apartment complex filed a civil personal injury lawsuit against the complex owners, claiming she tripped in a low spot in the grass and fell, causing her to suffer various personal injuries and other damages. The accident occurred in December 2015. This…

One of the best places in the world to go boating is in Florida. In fact, people come from all over the nation (and the world) to enjoy the Florida sun and shores. One of the more popular activities in our area is boating, for that reason. While boating can be a lot of fun,…