Articles Tagged with personal injury lawyer

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.

Continue reading

When you take your child to a restaurant, park or other property, the property owner owes both of you a duty of care to help avoid the risk of foreseeable injuries due to hazards on site. However, a recent decision by the U.S. Court of Appeals for the Seventh Circuit held that parents are not absolved of personal responsibility for their children’s safety upon entering the premises of another. injury attorney

The personal injury lawsuit before the court involved a child who suffered serious injury to his finger, which ultimately had to be amputated, when a stanchion (also known as a rope barrier) fell onto his hand as he and his brother were playing while his parents waited in line to place their order.

The boy’s parents sued the restaurant on a theory of premises liability. Trial court granted summary judgment to defendant. The court concluded any duty the restaurant might have owed to the child in this case was “abrogated” by the fact his parents were with him with him.

To abrogate means to avoid responsibility for.  Continue reading

Just ahead of the holiday shopping rush, consumer watchdog Consumer Affairs reported on the annual list of most dangerous toys, as released by the World Against Toys Causing Harm (WATCH). The toys on the list are there for a variety of reasons. For instance, some, like the extremely popular Fidget Spinners, have small parts that can be dangerous choking hazards. Others have the potential to cause blunt force injury.child injury lawyer

Some of the most common risks in previous years have included things like:

  • Small, pointed parts;
  • Projectile pieces;
  • Inadequate warnings on toy labels.

Holiday shopping reportedly accounts for 65 percent of all annual toy sales, which is why our Fort Lauderdale product liability lawyers urge consumers to pay attention. That means buying toys that meet the age specifications for the child recipient and be cautious to avoid small parts in gifts intended for small children. However, manufacturers have a great responsibility too. When their product is used either as intended or in a manner that is reasonably foreseeable, yet results in an unreasonable risk of harm, they can be held accountable. Continue reading

A new government audit points the finger at Medicare for failure to enforce federal law requiring immediate law enforcement notification of any sexual or physical abuse against nursing home residents. nursing home abuse

The Health and Human Services’ Office of Inspector General put forth an early alert on preliminary data on the issue, based on sizable samples from cases in 33 states. Just based on those results, the IG reports, there is a pressing and immediate need for rapid corrective action.

The IG is responsible for investigating abuse, waste and fraud within the health care system. This audit was part of a much larger investigation that is ongoing, so we can expect to hear more once researchers conclude their analysis.  Continue reading

The criminal and civil justice systems are separate and serve very different functions. While the criminal justice system seeks enforcement of our laws and ordinances, civil liability exists to allow individuals, families and businesses to be compensated for civil wrongdoings. In addition to serving different purposes, they also hold different proof burdens.injury lawyer

This is why a person can be deemed liable in civil court, even if they’ve been found not guilty in criminal court.

Recently, the Florida Supreme Court ruled that there must be separate determinations for immunity in civil Stand Your Ground self-defense cases and criminal Stand Your Ground self-defense cases. In other words, a finding of immunity in one does not automatically confer to the other. This settled the matter after several Florida appellate courts had reached different conclusions on this issue. Continue reading

To win a slip-and-fall lawsuit in Florida, plaintiff (the injured person) must prove defendant had actual or constructive knowledge of the hazard and failed to address or warn about it. slip and fall lawyer

Actual knowledge means the business was aware of that particular hazard in that place and time. Constructive knowledge, per F.S. 768.0755, is proven with circumstantial evidence that shows:

  • Dangerous condition existed for a period of time wherein, in the ordinary exercise of care, the business should have known about the condition;
  • Condition occurred with regularity and was therefore foreseeable.

The dangerous condition alone or even the fact that plaintiff was hurt – even severely – isn’t enough to prevail. One must show either actual or constructive knowledge. Most slip-and-fall cases are based on constructive knowledge, as actual knowledge can be difficult to prove.  Continue reading

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