Articles Tagged with personal injury attorney

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Sweeping legislative reforms were passed by the Florida legislature late this month – including provisions will significantly and adversely impact the ability of personal injury plaintiffs in Fort Lauderdale to collect full and fair compensation for losses caused by another’s negligence. Fort Lauderdale personal injury lawyer

As our Fort Lauderdale personal injury lawyers can explain, tort reform proponents (mostly lobbyists for large corporations and insurers) have for years painted Florida as a “judicial hellhole” and decried how easy it was for plaintiffs to win big payouts for things like car accidents, premises liability, boating accidents, medical malpractice, etc.

The reality is: It’s not easy to win Florida personal injury cases, and never has been. Now it’s about to be even harder, and accountability for insurance companies has been weakened. Having a dedicated, experienced personal injury lawyer advocating on your behalf has always been an imperative to success in these cases, but now more than ever.

Among the changes now in effect thanks to HB 873: Continue reading

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As a plaintiff (or potential plaintiff) in a Broward personal injury case, you may be curious what happens if the party you’re suing simply doesn’t answer or show up. What could happen is a default judgment.Broward injury lawyer

However, as our Broward injury lawyers can explain, that isn’t always the best case scenario. Default judgments are often successfully challenged. And even a Florida default judgment stands, plaintiffs may have a tougher time collecting on them than on cases with more responsive defendants, as the latter are more likely to have financial resources.

What Exactly is a Default Judgment?

To explain a default judgment in an injury lawsuit, we first need to recognize that part of the right to due process – as laid out both in the U.S. and Florida Constitutions – require that the defendant be put on notice of the proceedings and also be given the opportunity to be heard.

When the plaintiff files their injury lawsuit, they will spell out in the complaint exactly who the defendant is, what they did, how this resulted in damage to the plaintiff, and what sort of remedy the plaintiff is seeking. The defendant is considered put on notice when they’ve been served with a copy of the complaint as well as a court summons. That summons spells out clearly what a defendant has to do if they wish to defend the claim. It also tells them what can happen if they choose to outright ignore the lawsuit. The court provides the defendant a certain amount of time in which to formally respond in the form of a motion or answer that denies liability. The summons also lets the defendant know that if they don’t do anything, they might lose their case via default judgment.

Legislators and courts have concluded that justice is best served when all parties are fully informed and actively participating. However, they aren’t expected to wait forever – and unresponsive defendants aren’t rewarded for their lack of participation. Florida Rules of Civil Procedure allow plaintiffs to ask the court to issue a default judgment if the defendant doesn’t file any answer to the lawsuit by the deadline. If the court grants a default judgment, they decide the defendant is liable by default and will issue liquidated damages.

Will I Still Need a Trial After a Default Judgment?

As our Broward injury lawyers can explain, there are basically two reasons your case might still go to trial after a default judgment. Continue reading

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If you’re exploring whether you need to hire a Broward injury lawyer after a car accident or medical malpractice or slip-and-fall or some other injury caused by another, you may have seen the bookend on Florida injury lawyer advertisements offering “a free initial consultation.” But what does that mean, exactly? What should you bring? What sort of questions are they likely to ask? What should you be asking them? How much should you tell the attorney if you haven’t actually hired them? Broward injury lawyer

As a longtime Fort Lauderdale personal injury lawyer, I take seriously the responsibility to advocate for my clients’ best interests. That begins even with prospective clients. I start with a brief overview of the facts of their case as presented. I look to identify any parties that may be held legally liable. I’ll want to assess the anticipated scope of damages and apply the knowledge and experience gained in decades of practice in Florida injury law to provide a frank assessment of the likely viability and value of their case – and how I may personally be able to assist. All of this can happen before a person has chosen to formally hire an injury lawyer.

Given that you may want to engage more than one Broward injury lawyer in a free initial consultation before deciding which to hire, it’s best to walk in with a good sense of what to have ready. The more a person understands going in what to expect – and what may be expected of them – the more they’ll get out of the process. Ultimately, the goal is to find an injury lawyer who is not only experienced, qualified, and with a proven track record of success, but someone with whom you feel you can be honest, trust, and have easy communication.

Here are some Frequently Asked (and Answered) Questions to get you started:

Why Do Florida Injury Lawyers Offer Free Initial Consultations in the First Place?

Many attorneys charge by-the-hour, and the value of that hour can vary, depending on their experience, the complexity of the case, etc. Attorney consultation fees can run anywhere from $0 to $400. There are a few reasons initial consultations with injury lawyers are free. One has to do with the type of case, and how it’s paid. Plaintiffs in injury lawsuits do not pay attorney’s fees unless or until they win their case. This is called a contingency fee arrangement. Claimants in these types of cases aren’t typically large companies (which can afford lawyers on retainer). They are vying for fair compensation from someone who has legally wronged them. The injury lawyer they hire is paid at the end of a successful case with a previously-agreed portion of the insurance money or damages awarded. Contingency fee arrangements allow people with meritorious cases – but not a lot of extra cash upfront – to access quality legal representation. Attorneys are compelled to be honest with prospective clients, and only help pursue injury cases that have a pretty decent shot at winning. Knowing that many injury case clients don’t have a lot of money upfront, free initial consultations are a low-risk way to help both sides glean the information they need to get a good sense of whether the case is worth pursuing, and if the attorney is a good fit for the client’s needs.

Can an Attorney Give Me Legal Advice Before I Hire Them?

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If you’re injured in a Fort Lauderdale car accident, you may be aware that your first avenue to collect damages is personal injury protection (or “PIP”) coverage. This is state-mandated auto insurance that you pay for that will cover a portion of your medical bills and lost wages if you are injured in a Florida car accident – regardless of who is at-fault. However, as our Fort Lauderdale car accident lawyers can explain, PIP is not likely to cover all of your damages – particularly if it was a serious wreck. That is why if someone else caused the crash (or exacerbated your injuries from it), you will want to explore stepping outside of that no-fault system and filing a claim against the at-fault driver. Fort Lauderdale car accident lawyer

What PIP Does NOT Cover

Although PIP is the go-to for no-fault accident coverage in Florida, it does not cover every scenario, every type of loss – or even every person. The following is a list of what PIP won’t cover:

  • Property damage. If your car is damaged in the crash, you’ll need to file a separate claim with your own insurance company (or the insurer of the at-fault driver) in order to be compensated for necessary repairs. Florida law requires drivers carry at least $10,000 in property damage liability coverage.
  • Motorcycle operators. PIP coverage is not mandated – or even available – to owners/operators of motorcycles or other self-propelled vehicles. Motorcyclists must rely on other types of auto insurance coverage.
  • More than $10,000 in medical expenses. No matter how serious your injuries are, PIP is only going to cover up to $10,000 in medical expenses. In fact, PIP is only designed to cover up to 80 percent of “reasonable medical expenses.” Furthermore, if your injuries are not “emergent,” PIP may cover no more than $2,500 in medical expenses. Unless you take legal action against the at-fault driver, you and/or your health insurer will be liable for the rest. If your injuries are “serious and permanent,” as outlined in F.S. 627.727, you may step out of the no-fault system and pursue a claim against the at-fault driver for damages for the full amount of your losses. If they do not have insurance or lack enough insurance, you may file a claim with your own uninsured/underinsured motorist (UM/UIM) carrier for the difference.
  • More than 60 percent of your lost wages. PIP will cover up to 60 percent of your lost wages if you can’t work due to your injuries – but not if it equals more than $10,000 (and usually far less because that is all that’s available to cover your medical expenses too). If you can’t return to work at all or must take a lower-paying job as a result of your injuries, you could be facing substantial income losses. These are recoverable from the at-fault party if you step outside the no-fault system and pursue damages.
  • Pain and suffering. PIP coverage only covers economic losses. This would include things like medical bills and lost wages. But Florida car accident victims are traumatized, both physically and emotionally. The law recognizes the impact of this, which is why crash victims can pursue damages (compensation) for pain and suffering – but only in a civil claim. You won’t recover pain and suffering damages from your PIP carrier.

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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

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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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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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In most cases, you have up to four years in which to file a Florida personal injury lawsuit. There is rarely a good reason to wait that long, but for some circumstances, the longer statute of limitations per F.S. 95.11(3) is advantageous. As for how long a Fort Lauderdale injury lawsuit will take to resolve once it is filed, the answer depends on many variables.injury lawyer Fort Lauderdale

Whether we’re talking about a boating accident or a dog bite or a slip-and-fall injury or even a car crash, key questions to be resolved include:

  • Who was at fault?
  • To what extent were those persons at fault?
  • What injuries resulted from the wrongdoing?
  • How will those injuries impact a plaintiff, survivors, etc.?

That is a very broad oversimplification of the legal questions that arise, but the difficulty in answering them can shed some light on how long a claim may take to resolve.

For instance, as your Fort Lauderdale injury attorney sets about answering the question of “who is at fault?” we may discover there is more than one defendant with some responsibility. That could complicate the claims resolution process. Continue reading

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A Florida teacher sexually assaulted by an 18-year-old student is trying to collect on a $3 million settlement from her former employer, the Miami-Dade School District, accused of endangering her and breaking the law, opening the door to a violent attack and serious injuries. Although sovereign immunity laws cap liability for government agencies (like school district) at $200,000 per individual, more can be awarded through the passage of a state lawmaker claims bill, for which the district lobbied and a legislator from Broward has already sponsored. Miami teacher injury lawyer

As Miami school injury lawyers, we are struck by a few different unique elements in this case. Firstly, most school assault injury lawsuits in Florida involve students who are either injured by other students or teachers. Schools unquestionably owe a duty of care to students over whom they have control and can be held liable in some circumstances for criminal assaults that occur on school property or are the perpetuated by school employees or contractors. It’s less common that claims are filed by teachers suffering injury by student. Not that it’s unheard of. An article published last year in Education Week revealed an estimated 6 percent of the nation’s nearly 4 million teachers were attacked by a student during the 2015-2016 school year. Another 10 percent were threatened with violence by a student. The article also highlighted a 2017 study published in the Journal of Interpersonal Violence indicating female teachers were more likely to be attacked than male teachers, with new teachers especially vulnerable to threats and violence.

This case hit all those marks. However, teacher injuries sustained in the course and scope of employment – whether a slip-and-fall or an attack by a student – are typically covered by no-fault workers’ compensation. For most work accidents and work injuries, this will be the exclusive remedy (only legal recourse) a teacher or school employee has against an employer district. Work injury exclusive remedy in Florida is spelled out in F.S. 440.11. The only exception is when the actions of an employer, as proven by clear and convincing evidence, reveal the employer deliberately intended to hurt the employee OR engaged in conduct employer knew (based on prior similar accidents or explicit warnings specifically identifying a known danger) was virtually certain to result in an employee injury or death AND that risk of danger wasn’t apparent to employee AND employer deliberately misrepresented or concealed the danger to prevent the employee from making an informed judgment about whether to perform the work.

Since changes were made to this state law in 2003, zero Florida work injury cases have met this exception to exclusive remedy threshold. Arguably, there is a good chance this teacher injury case might have met the proof burden, which is likely why the district chose to settle the case pre-trial for an amount in significant excess of statutory damage caps.  Continue reading

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Although medical malpractice is a frequent cause of litigation in Florida courts, plaintiffs in those cases understand there are stringent proof burdens that must be met, notices that must be filed and expert witnesses to be secured. A Florida injury lawsuit filed on the basis of general negligence is often less of an ordeal (and usually not so expensive from a litigation standpoint) than one rooted in a claim of medical malpractice. Because defendants in these cases realize the hurdles plaintiffs face in medical negligence claims, they will often argue that almost any injury that occurs in a hospital or any type of health care facility is medical negligence. Florida injury lawsuit

Recently, Florida’s Third District Court of Appeal sided with a plaintiff in a Florida injury lawsuit, finding the hospital’s alleged liability for injuries sustained when another patient beat him up were not rooted in failure to abide medical standards, but rather those set forth in general negligence. In so ruling, the court reversed the trial court’s dismissal of the case, reviving the claim and giving the injury plaintiff another shot at recovering damages.

Florida Injury Lawsuit Sounds in Ordinary Negligence, Not Medical Malpractice

According to court records, plaintiff was a resident patient at a psychiatric hospital operated by defendant in the fall of 2013 when a fellow resident entered plaintiff’s room and, armed with a metal handrail that had been removed form the hallway wall, beat plaintiff about the face and head. Plaintiff’s subsequent Florida injury lawsuit alleged the hospital was negligent in failing to provide him with security and for its failure to train staff to recognize and address emergency situations, such as the assault and battery that led to his injuries. Plaintiff asserted hospital breached these duties by failing to correct the situation or train its staff or control its patients prior to the assault.  Continue reading

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