Articles Posted in personal injury

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

The estate of an elderly, incapacitated woman who was sexually assaulted by a nursing assistant in an alleged case of nursing home abuse will have to take its case back to trial after a state supreme court reversed a $1.7 million award for damages and ordered the case retried.injury lawyer

Central to the decision to retry the case was the fact the trial court removed the question of whether the nursing home aide who reportedly raped the woman was acting in the course and scope of employment.

As Broward nursing home injury attorneys can explain, skilled nursing facilities can be held vicariously liable for the negligence and even intentional misconduct/criminal acts of employees – but only if they were acting in the course and scope of employment. This is known as the doctrine of respondeat superior, Latin for “let the master answer.”

In many cases wherein a plaintiff seeks to hold a company accountable for damages inflicted by a worker, key issues will include:

  • Whether the worker was an employee or an independent contractor (respondeat superior doesn’t apply where the worker is an independent contractor);
  • Whether the worker’s actions occurred in the course and/or arose from the scope of his/her employment.

Employers can also be held directly liable under theories like negligent hiring, negligent retention and negligent supervision. Continue reading

Jurors weighing the civil penalty in a drunk driving lawsuit awarded nearly $31 million in damages to a young woman who suffered catastrophic brain injuries. Plaintiff was just 18 when she was struck by a pickup truck driven by one of two underage drivers who moments earlier left a bar near the Florida State University campus.drunk driving injury lawyer

The verdict followed the second of two trials in Faircloth v. Cantina Tallahassee, LLC, et al., after the first ended in mistrial in February. The woman’s parents – filing the claim on her behalf, sued the two bars that served alcohol to the underage driver, who did not stop at the street. The victim was on foot, reportedly crossing the street, at the time of the crash.

As our drunk driving injury lawyers can explain, plaintiffs in catastrophic injury claims need to explore every avenue for recovering damages. In impaired driving cases, that means looking at whether a dram shop claim is viable. Continue reading

Prevailing in a Florida slip-and-fall injury lawsuit is no simple task, which is why most injury attorneys will carefully review your claim before pursuing it – especially if they plan to take it to trial. A fair pre-trial settlement is typically the preferred outcome, as trials are expensive (and risky).slip and fall attorney

It’s important that you and your attorney consider any pre-trial settlement offers carefully, as declining a defense settlement offer in a case later favorably decided for the defense could result in an order for YOU to pay the defense’s attorney fees. (As injury lawyers, our fees are contingent on winning, meaning we’re only paid if you’re successful with your claim.)

This is not to say Florida slip-and-fall injury claims aren’t worth pursuing, but it is important to be aware of the potential pitfalls in these cases.

Recently in Georgia (which approaches slip-and-fall case from a similar angle as Florida), jurors considered the claim of a woman who fell at a jazz club and injured her back and hip, requiring extensive physical therapy. Continue reading

Tourism is one of the biggest industries in Florida, with more than 128 million visitors flocking to the Sunshine State last year. A sizable number of those opt to stay in one of the state’s 423,000 hotel rooms. Like any other property owner, hotels, motels and resorts owe a duty of care to their patrons that requires they keep the property in reasonably safe condition, check for hazards and warn guests of any non-obvious dangers that can’t be remedied right away. In the event this does not happen and someone is seriously hurt, those injured should explore the possibility of a hotel injury lawsuit.hotel injury lawyer

Fort Lauderdale injury attorneys will examine your premises liability claim to determine whether it’s viable and identify all potential defendants. Some of the most common hotel injury claims include:

  • Parking lot injuries;
  • Swimming pool accidents/drowning;
  • Slip-and-fall injuries;
  • Trip-and-fall injuries;
  • Falls from heights;
  • Food poisoning;
  • Burns from fires, hot water, food or drinks;
  • Elevator/escalator injuries;
  • Animal attack;
  • Injury caused by broken/defective furniture;
  • Bed bugs/unsanitary conditions;
  • Exposure to toxic chemicals;
  • Playground injuries;
  • Assault/battery.

Any one of these incidents can cause serious and lasting injuries and trauma. If there is evidence the hotel staff knew or should have known about the risk and failed to fix it or provide guests warning, there is a good chance a personal injury claim could be successfully made.

Defendant hotels will often argue comparative negligence (i.e., the person injured shared some or all of the blame, proportionately reducing damages) or that the claimant wasn’t as seriously injured as they said. Having an experienced personal injury attorney will be imperative. Continue reading

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