Articles Tagged with Broward personal injury attorney

Two Florida families are taking legal action against a daycare their children attended in April 2014, when a vehicle crashed into the side of the daycare structure, killing one girl and injuring several other children.injury lawyer

Although undoubtedly one could find fault on the part of the motor vehicle driver who left the roadway and smashed into the building, Broward injury lawyers know it’s imperative to explore every angle and identify all possible defendants. This is for two reasons:

  • Ultimately maximizing the pool of insurance money available to plaintiffs, for a better chance of recovering full compensation;
  • Eliminating the chances a court may find a non-party was partially liable (as you can’t recover from defendants whom you haven’t named in the claim).

In this case, plaintiffs allege the daycare should be held liable for the children’s injuries because they failed to put in place proper barriers around the school to prevent such incidents. The parking lot was angled heading into the building, making such a collision more likely. Additionally, plaintiffs cited several other accidents at out-of-state facilities (in Washington state and New Jersey) owned by this same chain wherein the same kind of accidents occurred. This fact, plaintiffs allege, make these accidents foreseeable. Continue reading

Florida’s Constitution Revision Commission, which convenes every 20 years to review proposed changes to the state’s constitution, is being asked to consider an introduction of a “Nursing Home Bill of Rights,” that would mandate the right of vulnerable residents to a safe, comfortable living environment. Proposal 88 also includes a provision that would guarantee residents’ access to courts and a jury system – a right that is often lost upon admission when residents are required to sign arbitration agreements. nursing home neglect attorney

This change could have a profound and lasting positive impact for the estimated 70,000 Florida nursing home residents, who are often frail, vulnerable and targets for abuse and exploitation. Arbitration agreements are generally disfavored by plaintiff attorneys because they strip patients of the right to have disputes resolved in a court of law by a jury. Arbitration takes away certain rights that are guaranteed through the court process, such as the right to discovery (the sharing of information about what allegedly occurred). Outcomes of arbitration in nursing home abuse cases also tend to be decided more favorably toward the nursing home, with fewer and lesser judgments for the plaintiffs. Finally, the process is secretive and confidential, meaning potential future patients don’t have the benefit of knowing what really took place and residents and families don’t have the right speak freely about problems with abuse and neglect at a given facility.

It’s worth noting there is a resident bill of rights codified in Florida Statutes, specifically F.S. 429.28. This provision affords residents a litany of protections, including the right to a safe living environment free from abuse and neglect, treatment that is respectful and cognizant of one’s personal dignity and access to appropriate and adequate health care consistent with established and recognized standards in the community. However, Proposal 88 would commit these rights to the state constitution (making them more difficult to amend) and also taking mandatory arbitration agreements off the table.  Continue reading

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