Articles Tagged with personal injury lawsuit

It’s almost become second nature when something major happens to us: Update social media. However,  if you are injured in a Florida car accident, our Fort Lauderdale injury attorneys urge caution,. The reality is you could inadvertently harm your claim for damages. personal injury lawyer Fort Lauderdale

We’re all familiar with those “gotcha” news clips of a person who claimed they were seriously hurt and video evidence showed it clearly wasn’t as bad as they’d alleged. We’re not even talking about those cases. The insurance company and other defendants, they will want to damage your credibility any way they can. Defendants in personal injury lawsuits can request the court grant access to review your page – your posts, your likes, your photographs, your videos and even private messages. (Some courts have held that privacy settings matter when it comes to these requests. For example, a federal appellate court ruled in Crispin v. Audigier Inc. that when a user’s settings are “private,” their posts there are to be treated as private and not-discoverable, based on a 1986 electronics communication law. Yet the Supreme Court of New York, Suffolk County, ruled just the opposite in Romano v. Steelcase, finding the court could compel plaintiff to consent to turning over all current and deleted contents from her social media accounts, absent any consideration for her privacy settings, so long as the information contained therein was “material and necessary.”

What you need to bear in mind is that everything has the potential to be used against you. This is true even among injury plaintiffs that are truthful about how the accident happened and the extent of the injuries they suffered. Sometimes, it’s as seemingly innocuous as emojis or “likes.”  Continue reading

Another Florida appellate court has struck down a state law that restricts the amount of money that can be awarded for pain-and-suffering in a medical malpractice lawsuit that results in injury. The Florida Supreme Court had already declared that medical malpractice damage caps on such cases resulting in death were not constitutional. However, the question of whether damages could be capped in cases that “only” resulted in injury was left unanswered. gavel

Now, the 2nd District Court of Appeal joined the 4th DCA’s prior opinion, holding that these non-economic damages are also not constitutional. The Florida Supreme Court is still weighing the 4th DCA’s opinion on the issue.

This could result in the biggest change in Florida injury litigation in more than a decade. Two years ago, the Florida Supreme Court ruled in McCall v. U.S. that medical malpractice damage caps – imposed by a 2003 state law under then-Gov. Jeb Bush – were not constitutional in cases where the patient had died. Now, the 2nd DCA has ruled in Port Charlotte HMA v. Suarez that the same is true when the patient survives medical negligence. This backs the findings of the 4th DCA in North Broward Hospital District v. KalitanContinue reading

For victims of a crime, such as drunk driving or a violent assault, it’s not uncommon for there to be two cases moving simultaneously through the court system: The criminal and the civil. Criminal cases are pursued by state or federal prosecutors while civil complaints are pursued by the victims who have been harmed. The goal of the criminal case is to penalize the wrongdoer, while the purpose of the civil case is to make whole (to whatever extent possible) the person wronged. gavel7

It is not unheard of for judges in criminal court to order restitution to the victim, who may or may not have a pending civil case. However, that restitution is unlikely to cover the full cost of damages. Victims may be lucky if they get even a fraction of their losses covered – and that’s assuming the defendant even pays. Although criminal restitution isn’t dischargeable in a bankruptcy, it’s not uncommon for victims to walk away without ever seeing a dime of that money. On the other hand, civil lawsuit damages take into consideration not just medical bills, but lost wages, pain and suffering and loss of consortium. Further, they are usually paid by insurance companies and other third parties, which increases the chances of the victim actually receiving the money owed.

This is why it’s imperative to discuss your case with an experienced Fort Lauderdale injury lawyer – even if the prosecutor pursuing action against the person who harmed you promises to also ask for restitution.  Continue reading

A woman is suing a luxury hotel owner and valet service in Miami after a violent carjacking that reportedly left her with injuries.bentley

Video of the incident shows the victim pulling up to the hotel’s valet service with her Lexus sport utility vehicle. An attendant begins unloading her belongings and she steps out of the car. Suddenly, a man who was seen in earlier frames looking on nearby approaches. He calmly gets into the car and sits in the driver’s seat. The scene quickly turns chaotic. He violently slams the vehicle into reverse. He knocks over several valets and hotel guests. Plaintiff instinctively reaches out to the door handle, but the suspect jerks forward, forcefully pulling her arm. In all, seven people were struck and four had to be hospitalized – one in critical condition.

Now, plaintiff argues the hotel and valet service knew or should have known this act might occur and done more to prepare for it or at least warn their guests. According to Courtroom View Network, the assailant had attempted to steal at least five other vehicles from this very same valet service, which operates in the South Florida region. One of those attempts occurred at the very same hotel. All of those incidents occurred in the months before this incident.  Continue reading

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