Articles Tagged with personal injury lawyer

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

Inflatable bounce houses, bounce pillows, space walkers, moon bouncers and slides – all are increasingly popular at community events and private parties in South Florida, a fun attraction for children to release some of that pent-up energy. However, there is a growing body of evidence that inflatable bounce houses and related amusements are anything but safe. Children have been seriously injured and even died. Product liability and premises liability claims may be appropriate.injury attorney

Recently, The Lincoln Journal Star in Nebraska reported a 2-year-old boy died on a recent afternoon when a strong gust of wind blew over the unenclosed inflatable bounce pillow on which he was playing at a pumpkin patch. The boy and his older sister, 5, were at a private event, playing on the pillow with their parents, who both slid off seconds before the gust of wind swept the pillow up, despite being tethered to the ground. The wind gust reportedly clocked in at around 60 mph. The pillow was ripped of its moorings and flew some 30 to 40 feet. The girl was thrown, but the boy reportedly became “wrapped like a taco” inside the inflatable.

The newspaper reported the pumpkin patch owner does carry the requisite liability insurance required of such operations. Such a claim would fall under the umbrella of premises liability, which holds property owners or controllers responsible for dangerous conditions on their property. Our Fort Lauderdale injury lawyers explain that while the number of defendants will be case specific, it’s plausible the child’s parents may have grounds to pursue claims also against the inflatable pillow manufacturer, as well as the event organizer, if a different entity than the pumpkin patch. Continue reading

Employers have a responsibility to provide a safe working environment. Failure to do so may result in a fine by government regulators. Workers’ compensation – the exclusive remedy for employees against their employers for job-related injuries – is paid on a no-fault basis. That means workers who are injured in Florida don’t need to prove their employer acted in a manner that was negligent in order to collect compensation.work injury lawyer

Third parties, meanwhile, can be liable and compelled to pay damages to the person injured on top of what he/ she receives for workers’ compensation – but only if the plaintiff can prove the third party negligent.

Many serious Florida work injuries involve some type of fault from a third party, whether that’s:

  • A general contractor or property owner who fails to make sure the work site is free from an unreasonable risk of hazards (known or foreseeable);
  • A negligent driver who strikes a work crew on the road;
  • A product manufacturer that designed/ made/ sold a heavy machine that is unreasonably dangerous, even when operated as intended.

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Cruise ships off the coast of Florida (and elsewhere) have a well-documented, long-running problem with sexual assaults on board, according to U.S. government data that spurred an NBC News investigation last year. Of the 92 alleged on-board crimes reported by cruise lines in 2016, a total of 62 were sexual assaults. When these occur at sea, it can be difficult to pursue criminal prosecution, and in fact, most sexual assault cases did not result in an arrest and/ or conviction. Further (and even more disturbing) many of those on-board sexual assaults involved minors.Florida tourist injury lawyer

One of the only avenues claimants may have to seek justice is civil litigation. Of course, a perpetrator can be held directly liable for damages resulting from a sexual assault, including medical expense treatment, therapy costs, pain and suffering and more. However, civil litigation can also hold the cruise line to account for negligence in the failure to protect against a foreseeable third-party criminal assault. Our Fort Lauderdale tourist injury lawyers know this can involve lack of adequate security, negligence in over-serving alcohol to patrons or failure to properly screen potentially dangerous employees. Because these incidents occurred at sea, they must be tried in a federal court and maritime law is applicable.

One such case is recently proceeding to trial, after the U.S. District Court for the Southern District of Florida denied a motion by defendant Royal Caribbean Cruises to dismiss a complaint alleging negligence and intentional infliction of emotional distress stemming from the alleged sexual assault of a 13-year-old boy aboard one of its ships. Plaintiff is seeking both actual and punitive damages on both counts. Continue reading

Motorcycle accidents often leave operators and passengers suffering serious injury, facing huge medical bills and the inability to work for an extended period of time. Even so, the last thing many want to do is sue a friend or loved one. What you need to understand is that while you may need to bring a claim against your friend or family member, it’s not them who pays compensation for your injuries. It’s the insurer(s). motorcycle accident attorney

These cases are not unheard of, and in fact, are quite common. (If you think about it, as a passenger, with whom are you most likely to be riding? Not a stranger, but probably someone who is or once was close to you.) In a recent motorcycle accident case in New Jersey, the ex-girlfriend of a state assemblyman filed a lawsuit against him, alleging his negligence in exceeding the speed limit resulted in his losing control of the motorcycle when the pair approached stopped traffic ahead. Defendant told the local Daily Journal newspaper that allegation was untrue because there had been no citation issued. (This is not exactly true, however, because an investigating officer’s decision to cite or not for a traffic violation is not the final word on whether someone was negligent in a personal injury lawsuit; that call is made by the court.) Cases involving exes may be a bit more adversarial than others, but nonetheless generally do not involve plaintiff seeking direct compensation from defendant.

The reason defendants are named is because plaintiffs can’t directly sue insurers. They must file a claim for damages against the person who is actually negligent, and then obtain compensation from the entity required to indemnify/ cover those losses on behalf of the defendant.  Continue reading

Social media has become such an integrated part of our everyday lives, it’s hard to believe it Facebook first launched in 2004, becoming open to the general public in 2006. Today it has 1.3 billion users. Twitter, which also launched in 2006, has more than 100 million users who post 350 million tweets daily. Instagram, used by 500 million people, didn’t get its start until late 2010. personal injury attorney

For many, it’s second nature to share random thoughts, photos, songs and more. We get into heated online debates and there are hundreds of thousands of “groups” to connect with those who share our interests. All of this can seem pretty benign. However, it has come to matter a great deal in our justice system. Specifically with regard to Florida personal injury lawsuits, you should know that anything you post – even if self-destructing or deleted – may come up in your case. Forensic investigators can usually recover transient data and use it in later court proceedings, sometimes becoming critical pieces of evidence in proving or disproving some material issue.

Although it might seem harmless to engage on these platforms, you must be careful not to post anything you wouldn’t want displayed and analyzed in a courtroom. Defendants in personal injury cases can use it not only to challenge the actual facts of the incident (if you post or share anything that runs counter to your previous testimony), they may argue your damages aren’t as significant as you allege. For example, if you’re seeking substantial damages for pain and suffering, but your social media pages are peppered with happy, smiling, action-shot photos, this could be used to show you aren’t actually suffering as much as you say. This is regardless of the fact that, of course, we all present our best selves on these platforms. Continue reading

An alleged failure to misdiagnose a child’s chronic kidney disease led to a medical malpractice lawsuit, one that just landed before the Florida Supreme Court. injury attorney Fort Lauderdale

A girl who underwent a kidney transplant in 2007 took legal action against her pediatrician of seven years, alleging he should have diagnosed her with C1q nephropathy before it caused such serious health problems requiring the transplant. Her doctor countered she actually has a different disease, one that is acute and could not have been identified any sooner. After a mistrial the first time around, the family was awarded $4.1 million in damages at the second trial.

On appeal, defendant doctor argued the trial judge was wrong to allow multiple expert witnesses in the same discipline to testify on plaintiff’s behalf, considering a pre-trial order by the court to limit testimony to a single expert ion each area of medical specialty. However, a divided Florida Supreme Court ruled the doctors who testified were not doing so as “experts,” but rather as “treating physicians,” a distinction that could have an impact in future Florida personal injury lawsuits. Continue reading

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

As it has now down now annually for more than a decade, the American Tort Reform Association has released a new edition of its “Judicial Hellholes” report, and this year, ranking Florida No. 1. It was deemed the worst in terms of “judges in civil cases systematically apply laws and court procedures in an unfair and unbalanced manner, generally to the disadvantage of defendants.” injury attorney

Do not be duped by this report, even if it gets circulated in various media reports. Here’s the truth of the matter: The ATRA is part of a well-funded public relations campaign (one that has been discredited numerous times by media outlets as well as state and national legal experts and academics).

It’s an organization that receives millions of dollars from deep-pocketed CEOs and others with business interests who want to make it harder for you collect damages if you’re seriously hurt. It’s prepared by a business-oriented group that takes a clear stance against personal injury lawsuits and sizable class action awards. The American Association for Justice refers to the report as “slick propaganda.” It plays on the erroneous theory that people and attorneys are getting rich off bunk personal injury claims. Continue reading

In Florida premises liability law (which pertains to the responsibility of property owners to keep their site reasonably safe), the “open and obvious” doctrine is one that essentially states if a hazard or condition was open and obvious to a reasonable person, the landowner isn’t liable (or might be less liable) for failing to address the danger or warn the injured person about it. The idea is a visitor should have been able to recognize and appreciate that an open and obvious danger was present and take measures to protect themselves from that harm. personal injury

It can be a powerful defense, and one our personal injury attorneys in Fort Lauderdale are committed to challenging head-on. We recognize there may be numerous exceptions to the open-and-obvious doctrine, including:

  • Landowner knew people would likely be hurt even if they were aware of it;
  • Negligence per se, which involves violation of a health or safety statute, for which landowner could be liable regardless of the awareness or actions of the injured party.

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