Articles Posted in personal injury

Following a car accident it’s wise to be wary of insurers. No matter how friendly they seem or how much they insist they’re there to help, an agent’s loyalty is to their employer. Saving the insurer money is their primary goal, and they do it by figuring out ways to pay you less.Fort Lauderdale Car Accident Lawyer

Protecting yourself involves not providing any details to which they are not entitled. It’s important that you appreciate you do have a contract and legal obligation to honor. You are required to inform the insurance company about the accident. That means providing the basic necessary information. Beyond that, your lips should stay sealed until you’ve talked to a personal injury attorney.

Note too that you don’t have this same obligation to the other drivers’ insurer. You benefit nothing from giving that insurer a statement or signing any paperwork they send you. All you need to do is get the insurance information from the other driver. You don’t need to provide them with information. Continue reading

Social media has become a ubiquitous presence in our daily lives, making it second nature to share everything from the mundane to the momentous. Those involved in South Florida personal injury lawsuits know that it can be one of those “big things” that can consume a lot of your physical and emotional energy. It would seem natural, then, to share this with others to whom you’re connected on Facebook, Twitter, Instagram, TikTok or other platforms. Fort Lauderdale accident attorney

As Fort Lauderdale accident attorneys, we generally advice against this. The problem is that information on social media accounts – particularly anything that relates to your accident, injury or recovery – could undercut your personal injury claim. Such posts can provide defense lawyers with a valuable source of information that refute the cause of your injury, impeach your credibility or poke holes in the amount of damages you claim to have suffered.

This isn’t to say that people posting about their case are lying about anything. In fact, it’s more likely that they post because they feel they have nothing to hide. The problem is you aren’t looking at the information through the same lens as a lawyer. The intent and implications of certain pictures, posts, videos or comments could be twisted by the defense team. It’s better to limit your social media engagement while your case is pending, if possible. If you have questions about specifics, direct them to your accident attorney. Continue reading

Boating is a way of life in Florida, but it’s also a source of serious injury and even death here in the Sunshine State. The U.S. Coast Guard’s 2019 Recreational Boating Statistics Report released this summer once again named Florida No 1 for annual boating accidents – 679 total that year, leading to 62 fatalities. It’s worth the reminder for caution as we approach New Year’s Eve, given that boating accidents tend to spike during major holiday weekends. boating accident lawyer

After all, it was only one year ago in the early hours of New Year’s Eve that a 42-foot custom speed boat named “Blue Steel” crashed into a jetty near Fort Lauderdale shortly after midnight on Dec. 31, 2019. Continue reading

Everything about a semi-truck is bigger. The tires, the wheels, the mirrors, the loads they carry and the insurance policies that must be maintained on them. That last one is for very good reason: The potential for substantial property damage and serious injury when a semi-truck is involved in a crash is also outsized. These are some of the reasons Florida truck accident lawsuits can take much longer to resolve than typical car accident cases.Fort Lauderdale truck accident lawyer

In a single recent year, there were more than 500,000 crashes involving large trucks, including more than 4,500 that were fatal and 107,000 that resulted in injuries. According to the Federal Motor Carrier Safety Administration, the majority of those injured or killed in these collisions (82 percent) are the people in other vehicles. The number of fatal truck crashes per people in the U.S. has risen 27 percent since 2010. Continue reading

Construction sites are among the most dangerous workplaces in Florida. Those on-the-job work from heights, dodge moving objects, face the threat of slips, trips and falls, toil down in the trenches and encounter hazardous chemicals, toxic materials and live electricity. Fort Lauderdale personal injury lawyer

But it is ever possible for a worker injured in a construction accident to sue? The answer is yes, it’s possible, though as our Fort Lauderdale personal injury lawyers can explain, it’s usually a third-party liability lawsuit rather than a direct lawsuit against one’s employer. The reason for this has to do with Florida’s workers’ compensation laws. Specifically, F.S. 440.11 holds that workers’ compensation is the exclusive remedy of injury claims by an employee against an employer UNLESS:

  • The worker is not actually the company’s employee.
  • The employer committed an intentional tort that caused the injury or death of an employee (deliberately intending to injure the employee or engaging in conduct that, based on prior similar accidents or explicit warnings, they knew was virtually certain to result in injury/death to the employee and the employee didn’t know about the risk).
  • The employer didn’t secure workers’ compensation insurance, as they were required by law.

It is very tough to prove employers in construction site accidents committed an intentional tort. Most claims stem from the other two exceptions. Continue reading

Summers in South Florida – and across the country – are rife with their own risks of child injuries, even excluding the COVID-19 pandemic. But compounding matters this year are a few different factors, including a reluctance by parents to bring their children into the emergency room. However, as noted by a pediatrician writing for The New York Times, delays like this can be painful for the child, and they can cause problems for the doctor. For instance, you can’t stitch a days-old laceration, no matter how sizable. As our Fort Lauderdale child injury lawyers can explain, some injuries can be exacerbated by delaying medical care. Some, like head injuries and those involving internal bleeding, may even prove fatal if they aren’t caught early and treated. Fort Myers child injury lawyer

Here, our Fort Lauderdale child injury attorneys details some of the more common child injuries and fatalities reported this summer and what type of situations may allow for legal recourse (compensation for medical bills, lost wages, loss of life enjoyment, pain and suffering, emotional distress and punitive damages). As always, this is not intended to be legal advice, and specific questions and concerns should be addressed in direct consultation with an experienced personal injury lawyer. Continue reading

A woman who suffered a serious injury fall from a boat dock at a Florida beach club condominium had already won her premises liability lawsuit against the condo owners, the boat dock repair company and the condominium complex. But the case was again recently before Florida’s Third District Court of Appeals to determine whether the condo company could be held jointly and severally liable (legally responsible) to pay for the other defendants’ share of the damages. Fort Lauderdale injury lawyer

In short, the 3rd DCA held yes, they could – or at least part of it.

It comes down to whether the duties a defendant owed to the plaintiff were non-delegable, meaning they can’t be pawned off on another person or entity by contract. Continue reading

There is no law that says you must hire – or be provided with the services of – a personal injury lawyer. However, if you have suffered serious injuries, it’s important to understand that the legal rules implicated in many Florida personal injury cases can be complex. In some instances, insurance companies refuse to settle in good faith. In trying to handle the matter on your own without the assistance of a Fort Lauderdale injury lawyer, you may soon find that you’re in over your head. Worse, it can cost you more than the attorney’s fees you’d pay.Fort Lauderdale injury lawyer

The civil justice system makes personal injury representation more accessible by stipulating that Florida injury cases must be accepted on a contingency fee basis. What that means is plaintiff’s don’t pay attorney’s fees up front – or at all if they don’t win. Attorneys have incentive to be honest with you about the merits of your case, the extent of your damages and your chances at winning a favorable settlement or verdict.

That said, you might not need an attorney, particularly if your injuries are very minor. An injury lawyer will tell you will tell you upfront in a free initial consultation whether you can benefit from their services – or not. Continue reading

More than 4,100 people died in large truck crashes in a single recent year – 30 percent more than a decade ago. These collisions largely result in deaths to passenger vehicle occupants, primarily because trucks weigh 20-30 times as much, take up to 40 percent longer to stop and are frequently operated by fatigued drivers.truck accident lawyer

One bright spot is that technology is increasingly on the side of those hoping to hold drivers, carriers and truck owners responsible for negligent driving and truck maintenance.

Historically, Florida truck accident investigations were limited to photographs of crash scene, snapshots of vehicles and witness testimony. Expert witnesses helped to reconstruct the crash and fill in the details of what happened.

Pertinent information in a truck accident lawsuit includes:

  • The area of impact in the road.
  • The angles of the impact.
  • Speed of the vehicles involved both prior to and at the point of impact.
  • Determining motorist reactions to whatever occurred prior to the crash.

Continue reading

Florida personal injury lawsuits are among the most commonly weighed in our state courts. To avoid overwhelming the courts, most personal injury claims settle prior to trial. Additionally, F.S. 627.737 sets a seriousness threshold has been set for recovering damages from an at-fault driver. If injuries don’t meet that threshold, then claimants will have to rely on their own personal injury protection policy issued by their own auto insurer.Broward injury lawyer

A bruised arm or a scratched leg likely isn’t going to cut it. PIP provides up to $10,000 in damages for medical expenses and 60 percent of your lost wages for the time you were forced to take off work. It will also cover things like travel expenses to doctor appointments. It will not cover things like pain and suffering or loss of consortium that would be available in lawsuit.

If your injuries are more serious and $10,000 will not cover your losses, a Broward injury lawyer can review the facts and help you determine if the injuries you’ve suffered medically meet the statutory threshold. Continue reading

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