Articles Tagged with Fort Lauderdale personal injury lawyer

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Florida’s sun-kissed beaches, resorts, and theme parks are world-renowned – which is why Broward County alone drew 118 million visitors in a single recent year. Tourism is the state’s No. 1 industry, and our restaurants, hotels, and other businesses profit handsomely from it. But with this comes responsibility to take reasonable precautions to protect guests from foreseeable risks. Failure to do so, as a Fort Lauderdale injury lawyer can explain, can be categorized as negligent security and could be legally actionable if you’re harmed. woman looks out of balcony of Florida hotel negligent security risk

The broad definition of negligent security is a form of premises liability by which an individual who is injured by the criminal action of a third party can hold legally liable the owner or tenant of a property where the injury was inflicted. Typically, such injuries arise out of cases of robbery, rape, assault, or battery.

This is not to say there’s a potential civil claim for every criminal action. The question is whether you had a right to expect some degree of safety where the attack occurred – whether that was at a shopping mall or an office complex or an entertainment venue or a hotel. The people who own and control these properties are expected to have a basic understanding of the possible safety risks posed to their customers, and to take reasonable action to secure the premises and protect these individuals – particularly when (as in the case of the hotel) those individuals are paying customers.

As a Fort Lauderdale injury lawyer can tell you, prevailing on a claim of negligent security against a hotel requires proof that the crime could have been prevented – or at least made less likely – if the hotel owner or manager had used appropriate security measures. If the  lapse in security happened due to the mistake of an employee, the hotel owner/employer can still be held liable under a legal doctrine known as respondeat superior, Latin for “let the master answer.”

Examples of Negligent Security at a Florida Hotel

There are many different scenarios in which an injured Florida tourist could sue a hotel for negligent security. Continue reading

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If you’ve recently been in a Fort Lauderdale car accident, you may be wondering whether this ordeal will eventually wind up in a courtroom trial.Fort Lauderdale car accident lawyer

While every case is different, the most probable answer is: No.

That’s not to say it’s impossible. But the truth is, most Fort Lauderdale car accident cases never even become lawsuits – let alone make it all the way to trial.

Continue reading

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When we talk about Fort Lauderdale personal injury lawsuits, we’re referring to cases that fall under the umbrella of legal “torts.” As our Broward personal injury lawyers can explain, a tort is an act – or omission – that results in injury or harm to another for which courts can impose legal liability.Fort Lauderdale personal injury lawyer

In most Florida personal injury cases, it’s necessary to prove that the “tortfeasor” (aka alleged wrongdoer or defendant) owed a legal duty of care to the person who was hurt. By breaching that duty of care and causing injury, the tortfeasor is responsible to pay financial damages to those adversely impacted.

There are many different kinds of torts. But when it comes to Fort Lauderdale personal injury lawsuits, there are a few types we see crop up time and again.

1. South Florida Car Accidents

Auto accidents are the root of most personal injury claims in Florida. All motorists owe one another – as well as passengers, pedestrians, bicyclists, and other road users – a duty of care to obey all traffic rules and use reasonable caution behind the wheel. If they violate traffic laws and someone gets hurt, they can be held liable. Even if they don’t explicitly violate the law but failed to use reasonable care when driving, they can be held legally liable in a Florida personal injury case.

It’s worth noting that (at least for now) Florida is a no-fault car accident state. What that means is that all motorists are required to carry a type of insurance coverage called personal injury protection, or PIP. This coverage will kick in and cover up to $10,000 in damages (medical bills, lost wages, etc.) to the insured and other parties covered by the policy – regardless of who is at fault. However, if the injuries sustained in the crash meet the “serious injury threshold” as outlined in F.S. 627.737, those hurt can step outside that no-fault system and pursue financial recovery from those who were at-fault in the crash. (Generally, a serious injury is defined as one that results in significant or permanent loss of a key body function, permanent scarring or disfigurement, or death.)

Florida follows a system of pure comparative fault, per F.S. 768.81, which basically means everyone is expected to bear legal responsibility for damages that is proportionate to their level of fault. (This applies in many different types of Florida personal injury cases.) As it pertains to Fort Lauderdale car accidents, if the plaintiff (person filing the claim) is found to bear a percentage of the blame for what happened, their financial recovery will be reduced by that percentage. For example, let’s say you’re injured in a crash with another driver, you suffer $100,000 in damages, but are found 20 percent at fault. The most you could collect from the other driver would be $80,000. Continue reading

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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

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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

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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

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Tort reform advocates have long pushed for ways to make it harder for Florida personal injury claimants to be compensated for losses caused by negligence. While these tort reform proponents rail about frivolous lawsuits and out-of-control damage awards and greedy plaintiff lawyers and rising insurance costs, the reality is they work for the insurance industry and they’re selling snake oil. It’s been proven time and again that rules barring litigation and enforcing caps on personal injury damages do nothing to curb insurance costs or bolster industry. Our Fort Lauderdale personal injury lawyers at The Ansara Law Firm noted as much when the Florida Supreme Court said as much in 2017 when in North Broward Hospital District v. Kalitan it struck down a law capping non-economic damages or medical malpractice, rebuking legislators for predicating the law on false/misleading industry statistics.Fort Lauderdale injury lawyer

Now, emboldened by a business-friendly legislature, governor and state supreme court, Florida lawmakers are proposing a series of new tort reform measures that would once again make it more difficult for injured plaintiffs to recover sufficient damages inflicted by negligence. The first is HB 17 Tort Reform and the second is SB 1320 Damages Recoverable for Health Care Costs in Florida personal injury and wrongful death claims.

Florida Tort Reform Bill Would Protect Insurance Companies Continue reading

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A $19 million damage award for the widow of a fatal railroad car accident victim was affirmed in Missouri, finding the circuit court didn’t err when finding the railroad company 95 percent liable for failure to trim vegetation surrounding the railroad tracks. car accident attorney

The appeal from the railroad company stemmed from the argument a new trial was warranted due to an alleged error by the trial court of not granting a motion for a new trial based on the intentional nondisclosures of prior car accident litigation by a juror. Ultimately, the state supreme court determined that defense attorneys could have discovered the juror’s litigation history had they re-ran her name through a standard background search once they became aware (at the juror’s notification) that her name was misspelled by the clerk of courts.

The case is worth noting for the fact that this is one of those errors that could potentially happen to either attorney in this case, and there are so many technicalities can impact the outcome. That’s why it’s so important to have an eagle-eyed personal injury attorney in Fort Lauderdale working on your behalf. Continue reading

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People shopping for the holidays – or really any time – have an expectation that they’ll be reasonably safe when they go to the store. That means the boxes will be safely stacked, spills will be cleaned up and the walkways cleared of debris or other hazards. It also means that businesses take care to avoid creating a condition that would invite violent crime on customers. grocerystore

Failure to provide adequate security – whether in the form of armed guards or staff or lighting – is a form of premises liability. That means if you suffer a violent attack while at a shopping center, the store could be responsible to pay you damages. There is no one-size-fits-all when it comes to security, though, and that’s where these cases can get tricky. One of the ways that plaintiffs can prove the store knew or should have known about the risk is by showing a pattern of similar activity in the recent past either on site or nearby or at similar kinds of stores. 

Recently, there has been scrutiny on one of the largest retailers in the country to address ongoing problems with crime at it stores that have drained law enforcement resources, bled into neighboring communities and jeopardized the safety of customers. Bloomberg recently chronicled the issue. This time, it’s labor activists pushing for action from the corporation. Specifically, the labor groups want the retailer to improve security in its stores and in its parking lots nationwide. Continue reading

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Families of loved ones who suffer from disabilities face many difficult decisions regarding their care throughout their lives. If they are unable to live on their own unassisted and can’t be cared for by a relative, arrangements must be made for them to reside in a setting that can best fit their daily needs. In many cases, that is a group home. However, as our injury lawyers have seen in cases past, these centers may not be fully equipped or their staffers properly trained in providing the best care and services. wheelchair

Recently in Oklahoma, the operator of a group home was found mostly to blame for the wrongful death an adult resident who died of pneumonia in the spring of 2014, shortly after he was relocated to the home. The relocation occurred because the Oklahoma Department of Human Services voted to close his previous residence rather than investing in building repairs. That meant families were forced to find other suitable arrangements, and many worried there weren’t enough facilities in the area equipped to safely care for individuals with such needs. Attorneys for decedent’s estate argued soon after his arrival at defendant’s facility, he was not properly fed, medicated or supervised.

A lawsuit had been filed against the state, alleging 18 former patients of the first group home died suddenly after being forced to leave and find other sources of full-time care. A jury found the state wasn’t negligent. However, the same can’t be said of the administrators who ran the group home or even the doctors and nurses who provided his care.  Continue reading

Contact Information
Broward
3025 N Ocean Blvd #101
Fort Lauderdale, FL 33308
Phone: (954) 761-3641Toll Free: (888) 267-2728
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500 S Australian Ave #638
West Palm Beach, FL 33401
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Coral Gables, FL 33134
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400 SE 8th St
#200
Fort Lauderdale, FL 33316
Phone: (954) 761-4011
We serve the following localities: Broward County, Dania Beach, Deerfield Beach, Fort Lauderdale, Hallandale Beach, Hollywood, Lighthouse Point, Pembroke Pines, Pompano Beach, Brevard County, Melbourne, Melbourne Beach, Miami-Dade County, Miami, Hialeah, Homestead, Key Biscayne, Miami Beach, Palm Beach County, Boca Raton, Delray Beach, West Palm Beach, Belle Glade, Boynton Beach, Jupiter, Lake Worth, and Loxahatchee.

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