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        <title><![CDATA[Fort Lauderdale personal injury lawyer - Ansara Law Personal Injury Attorneys]]></title>
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        <description><![CDATA[Ansara Law Personal Injury Attorneys' Website]]></description>
        <lastBuildDate>Fri, 23 May 2025 18:21:59 GMT</lastBuildDate>
        
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                <title><![CDATA[Why Would My Fort Lauderdale Injury Lawyer Need to Hire an Actuary for My Case?]]></title>
                <link>https://injury.ansaralaw.com/blog/why-would-my-fort-lauderdale-injury-lawyer-need-to-hire-an-actuary-for-my-case/</link>
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                <dc:creator><![CDATA[Ansara Law Personal Injury Attorneys]]></dc:creator>
                <pubDate>Thu, 06 Jun 2024 19:58:16 GMT</pubDate>
                
                    <category><![CDATA[personal injury]]></category>
                
                
                    <category><![CDATA[Fort Lauderdale injury lawyer]]></category>
                
                    <category><![CDATA[Fort Lauderdale personal injury attorney]]></category>
                
                    <category><![CDATA[Fort Lauderdale personal injury lawyer]]></category>
                
                    <category><![CDATA[personal injury attorney Fort Laderdale]]></category>
                
                
                
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                <description><![CDATA[<p>If you are a plaintiff in a personal injury case, your Fort Lauderdale injury lawyer may well suggest hiring an actuary – and doing so fairly early on in the process. This is often a critical first step because actuaries, who are experts in mathematics, statistics, and financial theory, can help us get a better&hellip;</p>
]]></description>
                <content:encoded><![CDATA[

<p>If you are a plaintiff in a personal injury case, your <a href="/personal-injury/">Fort Lauderdale injury lawyer</a> may well suggest hiring an actuary – and doing so fairly early on in the process.</p>


<p>This is often a critical first step because actuaries, who are experts in mathematics, statistics, and financial theory, can help us get a better sense of the actual economic loss involved in a case. That reduces the uncertainty when it comes to personal injury settlement negotiations.</p>


<p>The vast majority of Fort Lauderdale personal injury cases are resolved through negotiation with insurers and defendants (as opposed to a trial or even litigation). Before we issue a demand letter or even consider a settlement offer from the other side, we need to know the full extent of your losses.</p>


<p>That might seem simple. As your attorney, we may have a pretty accurate ballpark estimate just from our years of experience in practicing personal injury law. But we’re not just tallying the actual wages you’ve already lost and bills you already owe. We want to know how this incident is going to continue to impact you professionally, financially, physically, mentally, and emotionally – for years to come. Only then can we confidently request or accept a settlement offer.</p>


<p>A common method to determine these kind of damages is called the “multiplier-multiplicand method” or the “courts method.” Basically, we’re looking at the amount of estimated annual loss, multiplied by the number of  years that loss is expected to continue. Accuracy is important in these calculations, but without guidance from someone with expertise in finance and risk assessment, these kinds of forecasts can be somewhat subjective and even inaccurate. This is especially true in cases with complex, serious injuries.</p>


<p>This is where actuaries come in. <a href="https://www.bls.gov/ooh/math/actuaries.htm" rel="noopener noreferrer" target="_blank">Actuaries</a> analyze the financial costs of risk and uncertainty. They’re usually employed by the insurance companies, but their services can be valuable in Fort Lauderdale personal injury cases as well.</p>


<p>As noted in an academic analysis published in the <a href="https://variancejournal.org/article/75182-the-actuary-takes-the-stand-compensation-for-personal-injury" rel="noopener noreferrer" target="_blank"><em>Vance Journal</em></a>, actuaries increasingly serve as consultants in a personal injury case, and can actually be called upon as expert witnesses. In this role, they provide information that helps quantify the monetary damages in personal injury cases. They factor not just the actual bills, but incorporate occupation-specific factors, education achievements, age, region, and the impact of one’s disability on their daily life.</p>


<p>Hiring an actuary early on also demonstrates to the defense that you are acting in good faith during the negotiation process. Actuaries have their own professional standards and ethics, and their conclusions about claim valuations are going to be well-supported with strong data. A compelling actuary report also shows the insurers/defense that you have a strong case that could be won in court – if they refuse to pay what you are reasonably owed during the settlement negotiation process. Also, when attorneys</p>


<p>So while hiring an actuary for a Fort Lauderdale personal injury case is certainly an expense, it’s one that yields substantial returns because their research can often facilitate faster, fairer resolution.</p>


<p>Actuaries may not be required for every case, but they’re often beneficial in serious injury cases stemming from car accidents, dangerous property, dangerous products, and medical malpractice. If you are injured in Fort Lauderdale, our dedicated personal injury lawyers provide free initial consultations.</p>


<p><em>Call Fort Lauderdale Injury Attorney Richard Ansara at (954) 761-4011. Serving Broward County.</em></p>


<p>Additional Resources:</p>


<p><a href="https://www.floridabar.org/the-florida-bar-journal/settlement-offers-and-personal-injury-identifying-the-break-even-offer/" rel="noopener noreferrer" target="_blank">SETTLEMENT OFFERS AND PERSONAL INJURY: IDENTIFYING THE BREAK-EVEN OFFER,</a> Feb. 2000, By jerry Reiss and Richard Ryles, Florida Bar Journal</p>


<p>More Blog Entries:</p>


<p><a href="/blog/can-i-file-a-fort-lauderdale-personal-injury-lawsuit-even-if-it-was-partly-my-fault/" rel="bookmark" title="Permalink to “Can I File a Fort Lauderdale Personal Injury Lawsuit Even If It Was Partly My Fault?”">“Can I File a Fort Lauderdale Personal Injury Lawsuit Even If It Was Partly My Fault?”</a>, May 6, 2024, Fort Lauderdale Personal Injury Lawyer Blog</p>


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            <item>
                <title><![CDATA[“Can I File a Fort Lauderdale Personal Injury Lawsuit Even If It Was Partly My Fault?”]]></title>
                <link>https://injury.ansaralaw.com/blog/can-i-file-a-fort-lauderdale-personal-injury-lawsuit-even-if-it-was-partly-my-fault/</link>
                <guid isPermaLink="true">https://injury.ansaralaw.com/blog/can-i-file-a-fort-lauderdale-personal-injury-lawsuit-even-if-it-was-partly-my-fault/</guid>
                <dc:creator><![CDATA[Ansara Law Personal Injury Attorneys]]></dc:creator>
                <pubDate>Mon, 06 May 2024 18:13:08 GMT</pubDate>
                
                    <category><![CDATA[Car Accidents]]></category>
                
                    <category><![CDATA[personal injury]]></category>
                
                
                    <category><![CDATA[Best personal injury attorneys Fort Lauderdale]]></category>
                
                    <category><![CDATA[Fort Lauderdale personal injury lawsuit]]></category>
                
                    <category><![CDATA[Fort Lauderdale personal injury lawyer]]></category>
                
                    <category><![CDATA[personal injury attorney Fort Lauderdale]]></category>
                
                
                
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                <description><![CDATA[<p>Car accidents happen every day in Florida – about 1,095 times a day, to be exact. In some of those instances, more than one person may be at-fault. They may not be equally at-fault. But as a Fort Lauderdale personal injury lawyer can explain, the fact that an injured party was partly responsible for a&hellip;</p>
]]></description>
                <content:encoded><![CDATA[

<p>Car accidents happen every day in Florida – about <a href="https://www.flhsmv.gov/pdf/crashreports/crash_facts_2022.pdf" rel="noopener noreferrer" target="_blank">1,095 times a day</a>, to be exact. In some of those instances, more than one person may be at-fault.</p>


<p>They may not be <em>equally</em> at-fault. But as a <a href="/personal-injury/car-accidents/">Fort Lauderdale personal injury lawyer</a> can explain, the fact that an injured party was partly responsible for a crash does not bar them from seeking compensation from the other party, at least not in Florida. That’s thanks to a doctrine known as comparative fault.</p>


<p>Broadly, comparative fault (also called comparative negligence or contributory negligence) is a partial legal defense that can reduce the amount of monetary damages a plaintiff can recover in a negligence-based claim. It’s based on the degree to which the plaintiff’s own fault, negligence, or wrongdoing contributed to cause the injury or exacerbate it.</p>


<p>For example, if Person A runs a red light and causes a crash that injures Person B, the latter has a legitimate claim against the former. This is true even if Person B also happened to be speeding at the time of the crash, thereby making their injuries more severe than they might have been otherwise. In this situation, a jury may find that Person A was 80% at fault and Person B was 20% at fault. If the total damages were $100,000, then Person B’s total damages would be reduced according to their own fault – so by 20%. That means the most they could recover in that scenario would be $80,000.</p>


<p>Florida has been a pure comparative fault state since 1973. That meant that even if you were 99% at fault for the injury you sustained, you could still pursue legal action against the other person for their 1% of fault.</p>


<p>However, that changed in March 2023, with updates to <a href="http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0768/Sections/0768.81.html" rel="noopener noreferrer" target="_blank">F.S. 768.81</a>, Florida’s comparative fault law. The statute was changed to say that if you are 51% or more responsible for your own injuries, then you cannot recover any damages at all. However, you could be 50% at fault and still recover the other 50% from other at-fault parties.</p>


<p>There are a few states where evidence of any comparative fault will eliminate a plaintiff’s claim to monetary damages in a personal injury case. But even despite this new law change, Florida isn’t one of them. We now adhere to what is called “modified comparative fault with a 51% bar.” This is the most common comparative fault standard in the country, though some states set the bar at 50% instead of 51%.</p>


<p>Comparative fault was always a concerning affirmative defense in Florida, but that’s now more true than ever. A finding of comparative fault now not only risks a reduced damage award – but loss of the case altogether.</p>


<p>It’s worth noting that you should not presume that you will be found comparatively negligent until you talk to a personal injury lawyer. The court may look at the series of events differently than you. It’s possible an accident reconstruction will show the crash happened slightly differently than how you are remembering OR that your presumed fault played only a small part in the outcome.</p>


<p>This is also why you should never apologize at an accident scene. Even if you are genuinely sorry they are hurt, you don’t want your words to be misconstrued as an admission of negligence on your part.</p>


<p>If you are hurt in a car accident in Fort Lauderdale, our Broward personal injury lawyers can examine the facts of your case, determine if you have a viable claim, and help you navigate the claims/litigation process.</p>


<p><em>Call Fort Lauderdale Injury Attorney Richard Ansara at (954) 761-4011. Serving Broward, Miami-Dade and Palm Beach counties.</em></p>


<p>Additional Resources:</p>


<p><a href="http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0768/Sections/0768.81.html" rel="noopener noreferrer" target="_blank">F.S. 768.81, Comparative Fault</a></p>


<p>More Blog Entries:</p>


<p><a href="/blog/broward-injury-lawyer-on-car-accident-dangerous-instrumentality-doctrine/" rel="bookmark" title="Permalink to Broward Injury Lawyer on Car Accident Dangerous Instrumentality Doctrine">Broward Injury Lawyer on Car Accident Dangerous Instrumentality Doctrine</a>, Dec. 8, 2024, Fort Lauderdale Car Accident Attorney Blog</p>


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                <title><![CDATA[3 Ways Florida Child Injury Lawsuits Are Different From Adult Filings]]></title>
                <link>https://injury.ansaralaw.com/blog/3-ways-florida-child-injury-lawsuits-are-different-from-adult-filings/</link>
                <guid isPermaLink="true">https://injury.ansaralaw.com/blog/3-ways-florida-child-injury-lawsuits-are-different-from-adult-filings/</guid>
                <dc:creator><![CDATA[Ansara Law Personal Injury Attorneys]]></dc:creator>
                <pubDate>Mon, 04 Mar 2024 17:16:12 GMT</pubDate>
                
                    <category><![CDATA[personal injury]]></category>
                
                    <category><![CDATA[Wrongful Death]]></category>
                
                
                    <category><![CDATA[Florida child injury]]></category>
                
                    <category><![CDATA[Florida child injury lawsuit]]></category>
                
                    <category><![CDATA[Florida child wrongful death lawsuit]]></category>
                
                    <category><![CDATA[Fort Lauderdale personal injury lawyer]]></category>
                
                    <category><![CDATA[Fort Lauderdale wrongful death attorney]]></category>
                
                
                
                    <media:thumbnail url="https://injury-ansaralaw-com.justia.site/wp-content/uploads/sites/1164/2024/03/Florida-child-injury-lawsuit.jpg" />
                
                <description><![CDATA[<p>Few occurrences are quite as traumatic as the serious injury or death of a child. Parents navigating the aftermath and exploring avenues of accountability and compensation from those at fault need to understand there are a few ways in which Florida child injury lawsuits differ from other claims. As our Fort Lauderale personal injury lawyers&hellip;</p>
]]></description>
                <content:encoded><![CDATA[

<p>Few occurrences are quite as traumatic as the serious injury or death of a child. Parents navigating the aftermath and exploring avenues of accountability and compensation from those at fault need to understand there are a few ways in which Florida child injury lawsuits differ from other claims.</p>


<p>As our <a href="/personal-injury/child-injuries/">Fort Lauderale personal injury lawyers</a> can explain, many underlying legal principles, causes of action and deadlines are the same. But when a victim is a minor, there may be some special considerations and extensions.</p>


<p>Here, we detail three ways that Florida child injury lawsuits may be different than adult personal injury filings.
</p>


<h3 class="wp-block-heading">1. Statute of Limitations for Child Injuries in Florida</h3>


<p>
more</p>


<p>For the most part, the statute of limitations (the window of time during which one has the right to file legal action) for child injury claims is the same as it is for adults. <a href="http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0095/Sections/0095.11.html" rel="noopener noreferrer" target="_blank">F.S. 95.11</a> gives claimants up to two years to file claims founded in negligence (which are most personal injury claims), medical malpractice, and wrongful death. (It used to be four years. If the incident occurred on or before March 24, 2023, you may still have up to four years to file. But it’s best not to wait, if you can.)</p>


<p>This is a pretty hard deadline. However, some circumstances will give rise to a pausing or “tolling” of the statute of limitations. One of those special circumstances is when a person under the age of 18 is the one who was injured. <a href="http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0095/Sections/0095.051.html#:~:text=(i)%20The%20minority%20or%20previously,with%20respect%20to%20the%20statute" rel="noopener noreferrer" target="_blank">F.S. 95.051(i)</a> allows up to 7 years from the “cause of action” (usually the date of the accident or wrongdoing). However, this exception only applies if the child’s parent, guardian or guardian ad litem:
</p>


<ul class="wp-block-list">
<li>Does not exist.</li>
<li>Has in interest that is adverse to that of the child.</li>
<li>Has been deemed incapacitated to sue by a court.</li>
</ul>


<p>
These are fairly narrow exceptions. For the most part, the statute of limitations for Florida child injury claims will still be 2 years unless some other exception (fraud, concealment, etc.) applies.</p>


<p>Another possible extension might be found under the statute of repose discovery rule. This is primarily going to apply to birth injury lawsuits, wherein the effect of negligence or its cause is not apparent until much later. While the statute of repose for most medical malpractice cases is up to 4 years, it can be up to 8 years (no later than the child’s 8th birthday) for birth injury claims.
</p>


<h3 class="wp-block-heading">2. Minors Cannot File an Injury Lawsuit or Claim</h3>


<p>
A child who is under the age of 18 in Florida lacks the legal standing to file a claim or lawsuit for personal injuries. But that doesn’t mean they should wait until they’re 18 to explore filing. (In fact, they may lose the opportunity forever if they don’t act soon enough.) The solution is in <a href="https://www.flsenate.gov/Laws/Statutes/2021/744.301" rel="noopener noreferrer" target="_blank">F.S. 744.301</a>. It allows for the child’s natural guardians (i.e., their parents) the authority to pursue and settle any claim on behalf of their child, so long as it doesn’t exceed $15,000. This includes personal injury claims, life insurance policies, etc. for which they can collect, receive, manage, and dispose of the proceeds.</p>


<p>Of course, many Florida personal injury claims can easily exceed $15,000. In this case, parents can still pursue such claims, but they need court approval to do so, and funds may be held in a restricted bank account or annuity (from which necessary and reasonable withdrawals can only be made for the child’s benefit). This additional step is another reason parents of a child who has been injured should seek prompt legal advice. Your personal injury lawyer can help guide you through this process.</p>


<p>It’s worth noting that parents, too, may have their own claims for medical bills or other losses that they personally incurred as a result of the child’s injury.
</p>


<h3 class="wp-block-heading">3. The “Reasonable Person” Standard Considers a Child’s Age, Maturity</h3>


<p>
In many Florida personal injury and wrongful death lawsuits, a key defense is to argue that the plaintiff (person hurt) or decedent acted outside the bounds of what the average person would consider reasonable. This is known as the “reasonable person” standard. But children are not held to the same standard of “reasonableness” of the average adult. They may be held to the standard of what is reasonable for an average child of their age, maturity and intelligence.</p>


<p>There are even specific statutes that expressly take a child’s ability to reason into account. For example, <a href="http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0768/Sections/0768.075.html" rel="noopener noreferrer" target="_blank">F.S. 768.05</a> grants immunity to property owners when trespassers are hurt — except where children may have been enticed by an “<a href="/personal-injury/premise-liability/attractive-nuisance-injuries-to-children/">attractive nuisance</a>” for which they are not able to fully appreciate the danger. This could include anything from swimming pools to trampolines to abandoned refrigerators or airtight units. Because such features may be enticing to curious kids who can’t appreciate the risks, property owners have a duty to take extra care in preventing children from trespassing on their property and getting hurt. Example: A property owner with a swimming pool should have sufficient gates, alarms and other security features that would prevent kids from easily  gaining access.</p>


<p>If your child has been injured in South Florida, our Fort Lauderdale personal injury lawyers at <a href="/personal-injury/">The Ansara Law Firm</a> can help answer your questions about the viability and potential value of an injury lawsuit filed on their behalf.</p>


<p><em>Call Fort Lauderdale Injury Attorney Richard Ansara at (954) 761-4011. Serving Broward, Miami-Dade and Palm Beach counties.</em></p>


<p>Additional Resources:</p>


<p><a href="https://www.floridahealth.gov/programs-and-services/safe-kids-florida/index.html" rel="noopener noreferrer" target="_blank">Safe Kids Florida</a>, Florida Department of Health</p>


<p>More Blog Entries:</p>


<p><a href="/blog/hiring-a-broward-injury-lawyer-faq-on-free-initial-consultations/" rel="bookmark" title="Permalink to Hiring a Broward Injury Lawyer: FAQ on Free Initial Consultations">Hiring a Broward Injury Lawyer: FAQ on Free Initial Consultations</a>, Jan. 10, 2023, Broward Personal Injury Lawyer Blog</p>


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                <title><![CDATA[Why Broward Car Accident Lawyers Are Reluctant to Represent Both a Driver & Passenger]]></title>
                <link>https://injury.ansaralaw.com/blog/why-broward-car-accident-lawyers-are-reluctant-to-represent-both-a-driver-passenger/</link>
                <guid isPermaLink="true">https://injury.ansaralaw.com/blog/why-broward-car-accident-lawyers-are-reluctant-to-represent-both-a-driver-passenger/</guid>
                <dc:creator><![CDATA[Ansara Law Personal Injury Attorneys]]></dc:creator>
                <pubDate>Mon, 08 Jan 2024 21:20:59 GMT</pubDate>
                
                    <category><![CDATA[Car Accidents]]></category>
                
                
                    <category><![CDATA[Broward car accident attorney]]></category>
                
                    <category><![CDATA[Broward car accident lawyer]]></category>
                
                    <category><![CDATA[Fort Lauderdale car accident attorney]]></category>
                
                    <category><![CDATA[Fort Lauderdale personal injury lawyer]]></category>
                
                
                
                    <media:thumbnail url="https://injury-ansaralaw-com.justia.site/wp-content/uploads/sites/1164/2024/01/Broward-car-accident-lawyer.jpg" />
                
                <description><![CDATA[<p>As Broward car accident lawyers, we may be able to represent more than one person involved in the same car accident – but only when there is no conflict of interest between them. The problem, however, is that not all conflicts of interest are immediately apparent. Defining a Conflict of Interest As noted in Florida&hellip;</p>
]]></description>
                <content:encoded><![CDATA[

<p>As Broward car accident lawyers, we may be able to represent more than one person involved in the same car accident – but only when there is no conflict of interest between them. The problem, however, is that not all conflicts of interest are immediately apparent.
</p>


<h2 class="wp-block-heading">Defining a Conflict of Interest</h2>


<p>
As noted in <a href="https://casetext.com/rule/florida-court-rules/rules-regulating-the-florida-bar/chapter-4-rules-of-professional-conduct-preamble-a-lawyers-responsibilities/rule-4-1-client-lawyer-relationship/rule-4-17-conflict-of-interest-current-clients" rel="noopener noreferrer" target="_blank">Florida Rules Regulating the Florida Bar 4-1.7</a>, some ethical conflicts of interest for lawyers exist when:
</p>


<ul class="wp-block-list">
<li>The representation of one client would be directly adverse to another.</li>
<li>There’s substantial risk that representing one or more client would be materially limited by the lawyer’s responsibilities to another client, former client, or third person by a lawyer’s personal interest.</li>
</ul>


<p>
Such conflicts can sometimes be waived if the lawyer believes they can provide competent and diligent representation to all clients, the representation isn’t barred by law, and each affected client gives informed consent.
</p>


<h2 class="wp-block-heading">When Interests May Conflict for Broward Car Accident Victims</h2>


<p>
When it comes to Broward car accident cases, the most obvious conflict of interest would involve representation of one driver suing another for negligence. That would likely never happen.</p>


<p>Similarly, it’s highly unlikely a Broward car accident lawyer could ethically represent both an injured passenger and the driver being sued for the negligence that caused the passenger’s injuries.</p>


<p>Where the lines become a bit more blurred is when two people in the same crash are suing a third party for negligence that caused both their injuries. For example, it might make sense for two family members injured in the same car accident to hire one lawyer if the other driver was mostly if not entirely at-fault. This is particularly true if you’re a parent of minor children.</p>


<p>However, it’s important to understand that if a driver and passenger suing the same driver for the same act of alleged negligence, a conflict can arise because the money will be paid from the same pot. If the injuries of one person are more severe, fairness would stand to reason that they should get a larger chunk of the money. An attorney representing both clients may find themselves with a conflict of interest because they’re advocating for the maximum payout for each.</p>


<p>Also bear in mind that there are few South Florida car accidents in which one driver is entirely, 100 percent at-fault for the crash. There are often several factors. If you are a passenger in a car with a driver who was just partially at-fault, you may have viable claims against both drivers. In that situation, it would be a conflict of interest for a Broward personal injury lawyer to represent both you and the person who was driving the car you were in.
</p>


<h2 class="wp-block-heading">Florida Bar Ethics Opinion on Car Accident Lawyer Conflicts of Interest</h2>


<p>
more</p>


<p>The Florida Bar Professional Ethics Committee issued an opinion in 2002 that breaks down how Florida personal injury lawyers can determine whether there’s a conflict of interest in car accident cases. The original inquiry came from an attorney asked to represent both a passenger and driver in a lawsuit for negligence and property damage against a third-party driver.</p>


<p>The committee first pointed to a 1993 Florida Supreme Court ruling in in <a href="https://scholar.google.com/scholar_case?case=6877391854815951041&hl=en&as_sdt=6&as_vis=1&oi=scholarr" rel="noopener noreferrer" target="_blank"><em>The Florida Bar v. Mastrilli</em></a>, in which the Court held one attorney could not simultaneously represent both driver and passenger where a passenger is pursuing a damage claim for negligence against the driver.</p>


<p>Similarly, in <a href="https://scholar.google.com/scholar_case?case=10637986156377782767&hl=en&as_sdt=6&as_vis=1&oi=scholarr" rel="noopener noreferrer" target="_blank"><em>State Farm Mutual Ins. Co. v. K.A.W.</em></a>, the Florida Supreme Court held that a law firm that represented a driver and passengers against third party insurers and tortfeasors couldn’t later represent passengers against the driver. This was even though the driver had a new lawyer and didn’t object to the passengers’ lawsuit.</p>


<p>Some of the scenarios laid out by the ethics committee:
</p>


<ul class="wp-block-list">
<li>If there are no actual or potential claims against a driver by injured passengers, one attorney can ethically represent all parties against a third party, so long as there’s sufficient insurance coverage by that third party. However, if there is not sufficient insurance coverage, the attorney needs to explain the potential conflict of interest and all plaintiffs must agree about the distribution of benefits/recovery amongst themselves.</li>
<li>If there’s evidence of negligence by the driver in a one-car accident, an attorney can’t represent both the driver and passenger. The only exception might be when a passenger and driver are members of the same family and the driver is uninsured/otherwise judgment-proof. Issues of comparative fault can come into play, though, so lawyers need to be very careful when accepting these cases.</li>
<li>If the driver and passengers are all injured but evidence shows that the plaintiff driver was partially at fault, there’s a conflict of interest between the driver and passengers and a single attorney can’t represent them all ethically – even with everyone’s consent.</li>
<li>If the passenger and driver are all family members and the driver is underinsured, uninsured, or otherwise judgment-proof, one attorney can ethically represent all parties against the driver’s UM/UIM policy – but only if the attorney determines it’s not worthwhile or appropriate for the plaintiff to sue the driver. An independent guardian or guardian ad litem may need to be appointed to ensure the interests of any minor children involved are protected.</li>
</ul>


<p>
If there is a situation in which a personal injury lawyers concludes there is a conflict of interest after already taking on the case, they may need to withdraw their representation. This could result in unfortunate delays. It’s worth noting too that because injury lawyers are paid on a contingency fee basis (meaning they aren’t paid fees unless/until they win), they won’t be paid if they need to withdraw representation early. This is why lawyers may be particular about the cases and clients they take on. It’s better for everyone in the long-run if potential conflicts of interest are identified at the outset.</p>


<p><em>Call Fort Lauderdale Injury Attorney Richard Ansara at (954) 761-4011. Serving Broward, Miami-Dade and Palm Beach counties.</em></p>


<p>Additional Resources:</p>


<p><a href="https://www.floridabar.org/etopinions/etopinion-02-3/" rel="noopener noreferrer" target="_blank">Florida Bar Opinion 02-3</a></p>


<p>More Blog Entries:</p>


<p><a href="/blog/understanding-negligent-security-at-florida-hotels-fort-lauderdale-injury-lawyer-insight/" rel="bookmark" title="Permalink to Understanding Negligent Security at Florida Hotels – Fort Lauderdale Injury Lawyer Insight">Understanding Negligent Security at Florida Hotels – Fort Lauderdale Injury Lawyer Insight</a>, Nov. 8, 2023, Fort Lauderdale Accident Lawyer Blog</p>


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                <title><![CDATA[Understanding Negligent Security at Florida Hotels – Fort Lauderdale Injury Lawyer Insight]]></title>
                <link>https://injury.ansaralaw.com/blog/understanding-negligent-security-at-florida-hotels-fort-lauderdale-injury-lawyer-insight/</link>
                <guid isPermaLink="true">https://injury.ansaralaw.com/blog/understanding-negligent-security-at-florida-hotels-fort-lauderdale-injury-lawyer-insight/</guid>
                <dc:creator><![CDATA[Ansara Law Personal Injury Attorneys]]></dc:creator>
                <pubDate>Thu, 09 Nov 2023 00:29:28 GMT</pubDate>
                
                    <category><![CDATA[personal injury]]></category>
                
                
                    <category><![CDATA[Fort Lauderdale personal injury lawyer]]></category>
                
                    <category><![CDATA[negligent security]]></category>
                
                    <category><![CDATA[personal injury]]></category>
                
                
                
                    <media:thumbnail url="https://injury-ansaralaw-com.justia.site/wp-content/uploads/sites/1164/2023/11/negligent-security-hotel-injury.jpg" />
                
                <description><![CDATA[<p>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&hellip;</p>
]]></description>
                <content:encoded><![CDATA[

<p>Florida’s sun-kissed beaches, resorts, and theme parks are world-renowned – which is why Broward County alone drew <a href="https://www.broward.org/countyAnnualReport/2022/Pages/default.aspx" rel="noopener noreferrer" target="_blank">118 million visitors</a> 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 <a href="/personal-injury/premise-liability/inadequate-security/negligent-security/">negligent security</a> and could be legally actionable if you’re harmed. </p>


<p>The broad definition of <a href="https://www.justia.com/injury/premises-liability/negligent-inadequate-security/" rel="noopener noreferrer" target="_blank">negligent security</a> is a form of <a href="/personal-injury/premise-liability/">premises liability</a> 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.</p>


<p>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.</p>


<p>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 <em>respondeat superior</em>, Latin for “let the master answer.”
</p>


<h2 class="wp-block-heading">Examples of Negligent Security at a Florida Hotel</h2>


<p>
There are many different scenarios in which an injured Florida tourist could sue a hotel for negligent security.more</p>


<p>Some examples include:
</p>


<ul class="wp-block-list">
<li>A guest is assaulted in the parking lot of the hotel, where there is poor lighting and no security personnel.</li>
<li>A guest is sexually assaulted in their room by an assailant who gained entry due to insufficient locks, lack of security personnel, or with access gained through employment they never should landed due to a violent criminal record.</li>
<li>A guest is injured at the hotel due to a large event where crowd control measures were inadequate.</li>
</ul>


<p>
This is far from an exhaustive list.</p>


<p>Essentially what we need to show is that the person who owned or controlled the property failed to use a reasonable degree of care in failing to protect guests against reasonably foreseeable criminal attacks. An attack is generally considered reasonably foreseeable if it occurs with regularity at that type of property absent security measures OR if it is known to have happened at that specific property or the neighborhood nearby – especially recently. We must also show the hotel knew or should have known of this risk and failed to adequately warn guests. If a guest is injured because of this breach of duty, the property owner/hotel can be liable to cover the cost of those injuries.</p>


<p>If you were a tourist at a South Florida hotel and were injured in a criminal attack while visiting, contact our offices for a free consultation to discuss whether you’ve got a case.</p>


<p><em>Call Fort Lauderdale Injury Attorney Richard Ansara at (954) 761-4011. Serving Broward, Miami-Dade and Palm Beach counties.</em></p>


<p>Additional Resources:</p>


<p><a href="https://www.justia.com/injury/premises-liability/negligent-inadequate-security/" rel="noopener noreferrer" target="_blank">Negligent or Inadequate Security Leading to Premises Liability Lawsuits,</a> Justia</p>


<p>More Blog Entries:</p>


<p><a href="/blog/do-i-have-a-personal-injury-case-broward-injury-lawyer-offers-insight/" rel="noopener" target="_blank">“Do I Have a Personal Injury Case?” Broward Injury Lawyer Offers Insight,</a> Oct. 10, 2023, Fort Lauderdale Personal Injury Lawyer Blog</p>


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                <title><![CDATA[How Likely is My Fort Lauderdale Car Accident Case to Go to Trial?]]></title>
                <link>https://injury.ansaralaw.com/blog/how-likely-is-my-fort-lauderdale-car-accident-case-to-go-to-trial/</link>
                <guid isPermaLink="true">https://injury.ansaralaw.com/blog/how-likely-is-my-fort-lauderdale-car-accident-case-to-go-to-trial/</guid>
                <dc:creator><![CDATA[Ansara Law Personal Injury Attorneys]]></dc:creator>
                <pubDate>Tue, 08 Aug 2023 16:15:34 GMT</pubDate>
                
                    <category><![CDATA[Car Accidents]]></category>
                
                
                    <category><![CDATA[Fort Lauderdale car accident attorney]]></category>
                
                    <category><![CDATA[Fort Lauderdale car accident case]]></category>
                
                    <category><![CDATA[Fort Lauderdale injury lawyer]]></category>
                
                    <category><![CDATA[Fort Lauderdale personal injury lawyer]]></category>
                
                
                
                    <media:thumbnail url="https://injury-ansaralaw-com.justia.site/wp-content/uploads/sites/1164/2023/08/Fort-Lauderdale-car-accident-case.jpg" />
                
                <description><![CDATA[<p>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. 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&hellip;</p>
]]></description>
                <content:encoded><![CDATA[

<p>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.</p>


<p>While every case is different, the most probable answer is: No.</p>


<p>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.</p>


<p>Why is this? A few reasons include:
</p>


<ul class="wp-block-list">
<li><strong>The crash wasn’t that serious</strong>. Florida is a no-fault state when it comes to car accidents. All drivers are legally required to carry $10,000 in personal injury protection insurance coverage that will pay for a portion of medical bills and lost wages – regardless of who was at-fault. The whole point of this system is to reduce the number of car accident lawsuits, which have the potential to significantly clog up the courts. That doesn’t mean you can’t sue someone for negligence if you’re hurt in a Florida car accident. However, <a href="http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0600-0699/0627/Sections/0627.737.html" rel="noopener noreferrer" target="_blank">F.S. 627.737</a> requires plaintiffs to meet the serious injury threshold in order to do so. That means the crash resulted in one of the following: Significant and permanent loss of an important bodily function; Permanent injury within a reasonable degree of medical probability; Significant and permanent scarring or disfigurement; Death. But even without the serious injury threshold, it’s unlikely that many minor Florida car accident cases would go to trial because it wouldn’t be cost effective. Unless the financial compensation at stake is fairly high, going to the expense and trouble of a trial would make little sense.</li>
<li><strong>There may not be much in dispute.</strong> With many car accidents, it’s often clear who was primarily at-fault. Not always, of course, but if someone runs a red light or rear-ends another car or makes an abrupt lane change, liability for that crash is fairly easy to determine. Lawsuits – and trials – are more of a last resort. Claimants start by filing the insurance claim. You only sue when key issues – such as liability or the amount of damages – are disputed (usually by way of the insurance company refusing to pay what the claimant says they’re owed). Even if one party was clearly in the wrong, the defending insurer may argue the plaintiff was still partially responsible. This is called comparative fault. In Florida, <a href="http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0768/Sections/0768.81.html" rel="noopener noreferrer" target="_blank">F.S. 768.81</a> was recently amended to establish a system of modified comparative fault with a 51 percent bar. That means if you’re injured and you were partly at-fault for the crash, you can still collect damages from the other at-fault party – but only proportionate to their own liability. It’s a means of reducing the amount of money the insurer has to pay. If you’re more than 50 percent responsible for the crash, you can’t collect anything at all. If the question of comparative fault is fiercely contested, that can be one reason for litigation. Sometimes cases go to trial solely to determine how much money the plaintiff should receive. But often, an experienced injury lawyer can negotiate a fair payout without needing to resort to a lawsuit.</li>
<li><strong>Litigation – and especially trial – is expensive</strong>. Lawsuits – and especially trials – are costly. Many courts are backlogged, sometimes years. Pretty much every party involved wants to avoid trial if they can. The longer the case drags on, the more the bills pile up – medical invoices, attorney’s fees, expert witnesses, court fees, etc. Plus, both sides lose a degree of power by handing the case over to the discretion of the judge. Sometimes there’s no avoiding that – and it can turn out well for the plaintiff. But usually, both parties can reach a more mutually agreeable, cost-effective resolution if they can negotiate a fair settlement on their own – out-of-court. Ensuring that you DO get a fair settlement, though, requires the assistance of a <a href="/personal-injury/car-accidents/">Fort Lauderdale injury lawyer</a>. The more serious the injuries you sustained, the more imperative it is to hire a lawyer to protect your rights and best interests. If that means a trial – so be it, and you should hire a lawyer who’s prepared for that possibility. However, if they can successfully negotiate a fair settlement without litigation, that’s often to your benefit.</li>
<li><strong>There’s no case for punitive damages</strong>. For the most part, damages awarded in Florida crash cases are <em>compensatory</em>. That means the person injured by another’s negligence is being compensated for the harm caused. Crash victims can claim compensatory damages for things like property loss, medical bills, lost wages, pain and suffering, emotional trauma, loss of consortium, etc. It’s only in rare situations that a plaintiff can sue <em>punitive damages</em>. Such damages compensate the claimant – but the intention is actually to punish the defendant for particularly egregious behavior, such as gross negligence or intentional misconduct. As noted in <a href="http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0768/Sections/0768.72.html" rel="noopener noreferrer" target="_blank">F.S. 768.72</a>, you cannot pursue punitive damages in a Florida injury lawsuit without permission from the judge. The only time this really comes up in crash cases is when the other driver was impaired. The Florida Supreme Court particularly singled out DUI cases as uniquely qualified for punitive damages in the 1976 case of <a href="https://law.justia.com/cases/florida/supreme-court/1976/46679-0.html" rel="noopener noreferrer" target="_blank"><em>Ingram v. Pettit</em></a>.</li>
</ul>


<p>
If you have been injured in a Fort Lauderdale car accident and aren’t sure whether you need a lawyer, we can help answer your questions in a free initial consultation. We’ll offer a frank assessment of the viability and value of a potential case based on the initial facts, and provide you with insight to help you make an informed decision about your next steps.</p>


<p><em>Call Fort Lauderdale Injury Attorney Richard Ansara at (954) 761-4011. Serving Broward, Miami-Dade and Palm Beach counties.</em></p>


<p>Additional Resources:</p>


<p><a href="https://law.justia.com/cases/florida/supreme-court/1976/46679-0.html" rel="noopener noreferrer" target="_blank"><em>Ingram v. Pettit</em></a>, Dec. 9, 1976, Florida Supreme Court</p>


<p>More Blog Entries:</p>


<p><a href="/blog/will-a-pre-existing-injury-kill-your-fort-lauderdale-injury-claim/" rel="bookmark" title="Permalink to Will a Pre-Existing Injury Kill Your Fort Lauderdale Injury Claim?">Will a Pre-Existing Injury Kill Your Fort Lauderdale Injury Claim?</a> June 10, 2023, Fort Lauderdale Car Accident Lawyer Blog</p>


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                <title><![CDATA[4 Most Common Types of Fort Lauderdale Personal Injury Lawsuits]]></title>
                <link>https://injury.ansaralaw.com/blog/4-most-common-types-of-fort-lauderdale-personal-injury-lawsuits/</link>
                <guid isPermaLink="true">https://injury.ansaralaw.com/blog/4-most-common-types-of-fort-lauderdale-personal-injury-lawsuits/</guid>
                <dc:creator><![CDATA[Ansara Law Personal Injury Attorneys]]></dc:creator>
                <pubDate>Sat, 08 Oct 2022 20:33:24 GMT</pubDate>
                
                    <category><![CDATA[personal injury]]></category>
                
                
                    <category><![CDATA[Fort Lauderdale personal injury lawyer]]></category>
                
                    <category><![CDATA[personal injury lawyer Fort Lauderdale]]></category>
                
                
                
                    <media:thumbnail url="https://injury-ansaralaw-com.justia.site/wp-content/uploads/sites/1164/2022/10/Fort-Lauderdale-personal-injury-lawyer.jpg" />
                
                <description><![CDATA[<p>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. In most&hellip;</p>
]]></description>
                <content:encoded><![CDATA[

<p>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.</p>


<p>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.</p>


<p>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.
</p>


<h2 class="wp-block-heading">1. South Florida Car Accidents</h2>


<p>
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.</p>


<p>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 <a href="http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0600-0699/0627/Sections/0627.737.html" rel="noopener noreferrer" target="_blank">F.S. 627.737</a>, 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.)</p>


<p>Florida follows a system of pure comparative fault, per <a href="http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0768/Sections/0768.81.html" rel="noopener noreferrer" target="_blank">F.S. 768.81</a>, 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 <a href="/personal-injury/car-accidents/">Fort Lauderdale car accidents</a>, 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.
</p>


<h2 class="wp-block-heading">2. Medical Malpractice Lawsuits</h2>


<p>
Medical malpractice cases are those that involve doctors or other health care professionals who fail to provide care that meets basic standards given their specialty and facility.</p>


<p><a href="/personal-injury/medical-malpractice/">South Florida medical malpractice</a> cases require the testimony of a plaintiff expert witness of the same skill and practice area as the defendant. What’s more, while most personal injury cases have a four-year statute of limitations, medical malpractice cases must be filed within two years.
</p>


<h2 class="wp-block-heading">3. Product Liability Lawsuits</h2>


<p>
Companies and organizations that design, manufacture, and distribute products to the public can be held legally responsible if their products hurt someone who is using it the way it’s designed. These entities can also be found liable for using products incorrectly, so long as such use was reasonably foreseeable.</p>


<p><a href="/personal-injury/products-liability/">Fort Lauderdale product liability</a> cases fall under the umbrella of “<a href="https://www.justia.com/injury/negligence-theory/strict-liability/" rel="noopener noreferrer" target="_blank">strict liability</a>,” a legal theory that means those harmed don’t have to prove negligence or that the defendant necessarily did anything wrong. Strict liability can also apply in dog bite cases, as well as those involving abnormally dangerous conditions or inherently hazardous activities. (Defendants may argue that the person injured knowingly assumed the risk, but a skilled injury lawyer will know how best to challenge this defense.)
</p>


<h2 class="wp-block-heading">4. Slip-and-Fall Lawsuits</h2>


<p>
Slip-and-fall lawsuits are a type of premises liability case. That is, the person or entity who owns or controls the property has a responsibility to ensure the site is reasonably safe – especially if they’re welcoming members of the public there for the owner’s financial benefit.</p>


<p><a href="/personal-injury/premise-liability/">Fort Lauderdale slip-and-fall lawsuits</a> have gotten more difficult to win over the last decade, thanks to the passage of <a href="http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0768/Sections/0768.0755.html" rel="noopener noreferrer" target="_blank">F.S. 768.0755</a>. This provision of the law stipulates that if someone slips and falls on a transitory foreign substance in a business establishment, the person who is injured has to prove the business had actual or constructive knowledge of the dangerous condition and failed to take reasonable action to remedy it. Constructive knowledge can be proven with circumstantial evidence tending to show the condition had existed for a substantial length of time or occurred with such regularity that it was foreseeable. That’s a rather high proof burden. Working with an experienced Broward personal injury lawyer will be your best shot at winning.</p>


<p>If you are injured in Broward County and need some insight into your legal options for financial recovery, our dedicated legal team can help answer your questions and – if hired – help formulate an effective strategy to obtain just compensation.</p>


<p><em>Call Fort Lauderdale Injury Attorney Richard Ansara at (954) 761-4011. Serving Broward, Miami-Dade and Palm Beach counties.</em></p>


<p>Additional Resources:</p>


<p><a href="http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0768/Sections/0768.81.html" rel="noopener noreferrer" target="_blank">F.S. 768.81</a>, Comparative Fault</p>


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                <title><![CDATA[Social Media Dos and Don’ts for South Florida Personal Injury Plaintiffs]]></title>
                <link>https://injury.ansaralaw.com/blog/social-media-dos-and-donts-for-south-florida-personal-injury-plaintiffs/</link>
                <guid isPermaLink="true">https://injury.ansaralaw.com/blog/social-media-dos-and-donts-for-south-florida-personal-injury-plaintiffs/</guid>
                <dc:creator><![CDATA[Ansara Law Personal Injury Attorneys]]></dc:creator>
                <pubDate>Thu, 15 Apr 2021 18:35:01 GMT</pubDate>
                
                    <category><![CDATA[personal injury]]></category>
                
                
                    <category><![CDATA[accident attorney Fort Lauderdale]]></category>
                
                    <category><![CDATA[Florida personal injury]]></category>
                
                    <category><![CDATA[Florida personal injury lawsuit]]></category>
                
                    <category><![CDATA[Florida personal injury lawyer]]></category>
                
                    <category><![CDATA[Fort Lauderdale personal injury lawyer]]></category>
                
                    <category><![CDATA[South Florida injury lawyer]]></category>
                
                
                
                    <media:thumbnail url="https://injury-ansaralaw-com.justia.site/wp-content/uploads/sites/1164/2021/04/social-media.jpeg" />
                
                <description><![CDATA[<p>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&hellip;</p>
]]></description>
                <content:encoded><![CDATA[

<p>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. </p>


<p>As Fort Lauderdale <a href="/personal-injury/">accident attorneys</a>, 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.</p>


<p>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.</p>


<p>There are a few general guidelines for social media from which virtually any personal injury client can benefit:
</p>


<ul class="wp-block-list">
<li><strong>DON’T post pictures or talk about the accident.</strong> The pictures and words you share about the accident, your injuries or how it’s impacted your life could potentially cost you a lot in court. That doesn’t mean you have to take down your social media accounts or forego posting anything altogether, but do be cautious. With every post, ask yourself whether you’d be comfortable with it being shown or read aloud in court.</li>
<li><strong>DO change your privacy settings.</strong> Whether your case is to be settled in negotiations with insurers or settled in court, it’s a good idea to block strangers from having access to your social media pages. Updating your privacy settings to ensure your pages are restricted and not public is one way to help prevent the content therein from becoming fodder in your personal injury case. That said, always presume that everything you post could potentially become subject to scrutiny.</li>
<li><strong>DON’T post online about your hospital stay.</strong> It’s understandable that you want to keep friends and family informed, but it’s best to do so privately so you can sidestep any possible issues with your claim. Your medical bills will be the subject of scrutiny in a personal injury claim, and you want to make sure you are compensated for the full amount. You don’t want to unintentionally say something that could compromise that. Plus, the majority of people on your friend list probably don’t need to know the details of your care.</li>
<li><strong>DO a quick Google search of yourself.</strong> Open a window in Incognito mode to see what information about you is public. If you think anything that pops up could be a potential issue, discuss these with your Fort Lauderdale injury lawyer.</li>
<li><strong>DO talk to a counselor or therapist.</strong> There is a lot at stake in your personal injury lawsuit. You could have thousands, tens of thousands or even hundreds of thousands of dollars on the line. Using your social media page as a support group isn’t smart when the things you say could come back to haunt you in court. Discuss questions and concerns with your attorney. Work through the emotional trauma with a counselor or therapist who will keep your conversations confidential. (Further, the cost of these sessions could be recoverable in your claim as well if the mental/emotional turmoil your experiencing is directly related to the accident.)</li>
</ul>


<p>
Expect that defense lawyers will be looking for any evidence that could undermine your claim, and proceed with caution when it comes to your online presence.</p>


<p><em>Call Fort Lauderdale Personal Injury Attorney Richard Ansara at (954) 761-4011. Serving Broward, Miami-Dade and Palm Beach counties.</em></p>


<p>More Blog Entries:</p>


<p><a href="/blog/fort-lauderdale-car-accident-lawyers-on-handling-crashes-with-uninsured-drivers/" rel="bookmark" title="Permalink to Fort Lauderdale Car Accident Lawyers on Handling Crashes With Uninsured Drivers">Fort Lauderdale Car Accident Lawyers on Handling Crashes With Uninsured Drivers</a>, Feb. 1, 2021, Fort Lauderdale Accident Attorney Blog</p>


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                <title><![CDATA[Florida Construction Accident Injuries: Can I Sue?]]></title>
                <link>https://injury.ansaralaw.com/blog/florida-construction-accident-injuries-can-i-sue/</link>
                <guid isPermaLink="true">https://injury.ansaralaw.com/blog/florida-construction-accident-injuries-can-i-sue/</guid>
                <dc:creator><![CDATA[Ansara Law Personal Injury Attorneys]]></dc:creator>
                <pubDate>Tue, 01 Sep 2020 15:25:12 GMT</pubDate>
                
                    <category><![CDATA[personal injury]]></category>
                
                    <category><![CDATA[Wrongful Death]]></category>
                
                
                    <category><![CDATA[Broward injury lawyer]]></category>
                
                    <category><![CDATA[construction accident injury]]></category>
                
                    <category><![CDATA[Fort Lauderdale personal injury lawyer]]></category>
                
                    <category><![CDATA[Miami construction accident lawyer]]></category>
                
                    <category><![CDATA[South Florida injury attorney]]></category>
                
                
                
                <description><![CDATA[<p>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. But it is ever possible for a worker injured in a construction accident to sue?&hellip;</p>
]]></description>
                <content:encoded><![CDATA[

<p>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. </p>

<div class="wp-block-image alignright">
<figure class="is-resized"><img decoding="async" alt="Fort Lauderdale personal injury lawyer" src="/static/2020/09/constructionworker-300x200.jpeg" style="width:300px;height:200px" /></figure>
</div>

<p>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, <a href="http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0400-0499/0440/Sections/0440.11.html" rel="noopener noreferrer" target="_blank">F.S. 440.11</a> holds that workers’ compensation is the exclusive remedy of injury claims by an employee against an employer UNLESS:
</p>


<ul class="wp-block-list">
<li>The worker is not actually the company’s employee.</li>
<li>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).</li>
<li>The employer didn’t secure workers’ compensation insurance, as they were required by law.</li>
</ul>


<p>
It is very tough to prove employers in construction site accidents committed an intentional tort. Most claims stem from the other two exceptions.
</p>


<h2 class="wp-block-heading"><strong>Recent South Florida Construction Accident Injuries</strong></h2>


<p>
Just recently in the Brickell neighborhood of Miami, a construction accident caused by falling rebar resulted in the hospitalization of six construction workers. The crane lifting the rebar apparently malfunctioned, according to local media reports. The workers became trapped, and two were impaled. <a href="https://www.nbcmiami.com/news/local/multiple-people-injured-in-brickell-construction-accident-miami-fire-rescue/2273388/" rel="noopener noreferrer" target="_blank">NBC 6 South Florida</a> reported the general contractor, contractor and subcontractor all have a history of safety violations with the Occupational Safety and Health Administration.</p>


<p>In another recent South Florida construction accident in Fort Lauderdale, a worker lost an arm after falling as an elevator was coming down. Local news reports indicated the 39-year-old fell from the 6th floor to the 5th floor, right next to an elevator shaft, at the same time an elevator was descending. The man reportedly worked for a subcontractor on the job site.</p>


<p>Earlier this year, a 64-year-old Miami construction worker – just one day on the job – was killed after he was struck by a sport utility vehicle while working construction on I-95.</p>


<p>Last year, a Fort Lauderdale construction accident resulted in a broken leg after a worker fell 20 feet off a scaffold.
</p>


<h2 class="wp-block-heading"><strong>Types of Florida Construction Accident Lawsuits</strong></h2>


<p>
When it comes to construction accidents, the injuries are often serious and there is the possibility for numerous defendants. For this reason, it is imperative for the injured worker or their family to contact an experienced <a href="/personal-injury/premise-liability/construction-site-injury/">Fort Lauderdale personal injury lawyer</a> as soon as possible. Collecting critical evidence, contacting witnesses and gathering other information are all time-sensitive endeavors.</p>


<p>Outside of workers’ compensation (which does not cover all the losses that personal injury claims will), those injured on construction accident job sites might pursue claims against:
</p>


<ul class="wp-block-list">
<li><strong>The owner of the property.</strong> These claims would be for premises liability, or failure to keep the site reasonably safe.</li>
<li><strong>Other entities in control of the property.</strong> These would be entities outside of one’s employer (general contractor, subcontractor, etc.) who had a responsibility to keep the site safe, yet failed.</li>
<li><strong>Drivers.</strong> As the <a href="https://www.cdc.gov/niosh/motorvehicle/resources/crashdata/facts.html" rel="noopener noreferrer" target="_blank">CDC</a> notes, motor vehicle accidents are the No. 1 cause of work-related deaths in the U.S., and they are the catalyst for 11 percent of all construction accident deaths. Negligent drivers can be held accountable for their lack of due care.</li>
<li><strong>Product manufacturers.</strong> Most often with construction accidents, these are machine and tool makers who failed to ensure their product was reasonably safe for normal use.</li>
<li><strong>Government agency.</strong> In some cases, government agencies are responsible for ensuring safety of some construction sites, particularly of public property. It depends on the contract they had with the construction companies involved.</li>
</ul>


<p>
In some cases, claims can be settled without litigation, but it’s important to consult with an injury lawyer before deciding your next move.</p>


<p><em>Call Fort Lauderdale Injury Attorney Richard Ansara at (954) 761-4011. Serving Broward, Miami-Dade and Palm Beach counties.</em></p>


<p>Additional Resources:</p>


<p><a href="https://ohsonline.com/articles/2020/08/18/injured-construction-workers-rights-in-the-us.aspx" rel="noopener noreferrer" target="_blank">Injured Construction Workers’ Rights in the U.S</a>., Aug. 18, 2020, By Yuriy Moshes, Occupational Health & Safety</p>


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                <title><![CDATA[When Do I Need a Fort Lauderdale Injury Lawyer?]]></title>
                <link>https://injury.ansaralaw.com/blog/when-do-i-need-a-fort-lauderdale-injury-lawyer/</link>
                <guid isPermaLink="true">https://injury.ansaralaw.com/blog/when-do-i-need-a-fort-lauderdale-injury-lawyer/</guid>
                <dc:creator><![CDATA[Ansara Law Personal Injury Attorneys]]></dc:creator>
                <pubDate>Mon, 15 Jun 2020 13:26:08 GMT</pubDate>
                
                    <category><![CDATA[personal injury]]></category>
                
                
                    <category><![CDATA[Fort Lauderdale personal injury lawyer]]></category>
                
                    <category><![CDATA[personal injury attorney]]></category>
                
                    <category><![CDATA[South Florida personal injury lawyer]]></category>
                
                
                
                    <media:thumbnail url="https://injury-ansaralaw-com.justia.site/wp-content/uploads/sites/1164/2020/06/legalmalpractice-scaled-1.jpeg" />
                
                <description><![CDATA[<p>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&hellip;</p>
]]></description>
                <content:encoded><![CDATA[

<p>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 <a href="/personal-injury/">injury lawyer</a>, 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.</p>


<p>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.</p>


<p>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.
</p>


<h2 class="wp-block-heading"><strong>What Does a Personal Injury Lawyer Do, Exactly?</strong></h2>


<p>
An injury lawyer has many functions in civil tort cases. These include:
</p>


<ul class="wp-block-list">
<li><strong>Providing advice.</strong> The legal system can be a bureaucratic beast for someone who isn’t familiar with it. We can help.</li>
<li><strong>Explaining your rights.</strong> You may not realize how many individuals/businesses owed you a responsibility to use greater care. You may not recognize the potential for numerous claims. You may not grasp how much money you are actually entitled to claim. And chances are, you probably don’t know how to prove it all or establish that the defense’s evidence is suspect. This is where our objective, knowledgeable perspective and negotiation experience proves extremely helpful.</li>
<li><strong>Leveling the playing field.</strong> You can bet that the insurance company, grocery store, product maker, trucking company, hospital, etc. is going to have the benefit of a strong legal defense with experience. If you’re hoping for fair resolution, you should have the same.</li>
</ul>


<p>
We commit to being your investigator, your negotiator, your advocate and your voice. We file motions, conduct depositions (sworn questioning of witnesses), scrutinize insurance policies, track down and review your medical records, assess your damages, file any necessary claims forms, negotiate with insurers, guide you through mediation, prepare the complaint, create trial exhibits, represent you in court and determine if an appeal is necessary.
</p>


<h2 class="wp-block-heading"><strong>Signs You Should Hire a Fort Lauderdale Injury Lawyer</strong></h2>


<p>
If your damages are minimal and you have no serious injuries and the monetary offer the insurance company makes seems reasonable, you may not need a South Florida injury lawyer. However, there are some scenarios for which it is almost imperative that you hire one. Some of those include:
</p>


<ul class="wp-block-list">
<li><strong>Your injuries are serious</strong>. The extent of your damages is going to depend heavily on how badly you were hurt, how high your medical bills are and how long it takes you to recover. But that doesn’t always mean those involved are eager to pay you what you’re owed. It’s important to hire a lawyer who can make sure you receive the total amount of compensation you deserve from all responsible parties.</li>
<li><strong>Your injuries disabling long-term or permanently.</strong> If you have to take more than a couple weeks off work, if you’ve been hospitalized or broken a bone that’s going to take months to heal or suffered some kind of disfigurement or loss of function – you should talk to a lawyer. The initial consultation should be free, and should give you an idea of the strength of your case and extent of your damages.</li>
<li><strong>It’s not clear who was at fault or there are multiple parties involved.</strong> In general, the more people who are claiming injuries from the same incident, the more complicated it’s going to be to resolve. If liability (fault) is not clear or if you are accused of being at least partially to blame (which can reduce your damage award), it’s best to hire an injury lawyer to handle it.</li>
<li><strong>The insurer won’t pay or is engaging in bad faith.</strong> Bad faith insurance, as outlined in <a href="http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0600-0699/0624/Sections/0624.155.html" rel="noopener noreferrer" target="_blank">F.S. 624.155(1)</a>, is a serious problem. It occurs when an insurer denies a legitimate claim for no reason, tries to get injured parties to settle for far less than a case is worth and generally doesn’t conduct its business fairly and honestly.</li>
</ul>


<p>
If you are questioning whether you should hire a lawyer, chances are good it’s worth at least consulting with one or two to help you make your decision.</p>


<p><em>Call Fort Lauderdale Injury Attorney Richard Ansara at (954) 761-4011. Serving Broward, Miami-Dade and Palm Beach counties.</em></p>


<p>Additional Resources:</p>


<p><a href="https://www.americanbar.org/groups/public_education/resources/public-information/when-do-i-need-a-lawyer-/" rel="noopener noreferrer" target="_blank">When Do I Need a Lawyer?</a> June 7, 2018, American Bar Association</p>


<p>More Blog Entries:</p>


<p><a href="/blog/exploring-high-tech-florida-truck-accident-investigations/" rel="bookmark" title="Permalink to Exploring High Tech Florida Truck Accident Investigations">Exploring High Tech Florida Truck Accident Investigations</a>, May 15, 2020, Fort Lauderdale Personal Injury Lawyer Blog</p>


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                <title><![CDATA[Florida Tort Reform Bill Could Harm Personal Injury Plaintiffs, Lawyers Say]]></title>
                <link>https://injury.ansaralaw.com/blog/florida-tort-reform-bill-could-harm-personal-injury-plaintiffs-lawyers-say/</link>
                <guid isPermaLink="true">https://injury.ansaralaw.com/blog/florida-tort-reform-bill-could-harm-personal-injury-plaintiffs-lawyers-say/</guid>
                <dc:creator><![CDATA[Ansara Law Personal Injury Attorneys]]></dc:creator>
                <pubDate>Wed, 06 Mar 2019 17:21:47 GMT</pubDate>
                
                    <category><![CDATA[personal injury]]></category>
                
                
                    <category><![CDATA[Florida pain and suffering damages]]></category>
                
                    <category><![CDATA[Florida personal injury lawyer]]></category>
                
                    <category><![CDATA[Fort Lauderdale personal injury law firm]]></category>
                
                    <category><![CDATA[Fort Lauderdale personal injury lawyer]]></category>
                
                    <category><![CDATA[pain and suffering damages]]></category>
                
                    <category><![CDATA[South Florida personal injury lawyer]]></category>
                
                    <category><![CDATA[The Ansara Law Firm]]></category>
                
                    <category><![CDATA[tort reform]]></category>
                
                
                
                    <media:thumbnail url="https://injury-ansaralaw-com.justia.site/wp-content/uploads/sites/1164/2019/03/sad6.jpeg" />
                
                <description><![CDATA[<p>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&hellip;</p>
]]></description>
                <content:encoded><![CDATA[
<p>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 <a href="/blog/florida-tort-reform-bill-could-harm-personal-injury-plaintiffs-lawyers-say/">The Ansara Law Firm</a> noted as much when the Florida Supreme Court said as much in 2017 when in <a href="https://law.justia.com/cases/florida/supreme-court/2017/sc15-1858.html" target="_blank" rel="noreferrer noopener"><em>North Broward Hospital District v. Kalitan</em></a> it struck down a law capping non-economic damages or medical malpractice, rebuking legislators for predicating the law on false/misleading industry statistics.</p>



<p>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.</p>



<p><strong>Florida Tort Reform Bill Would Protect Insurance Companies</strong>more</p>



<p>Let’s start with HB 17. The measure is specific to products liability lawsuits, and would in effect:</p>



<ul class="wp-block-list">
<li>Render the seller not liable for “unreasonable misuse of the product.” Currently, any entity in the chain of distribution can be found liable for injuries caused by “foreseeable misuse,” meaning the misuse was one that could be reasonably foreseen by the manufacturer and/or seller.</li>



<li>Reduction of damages for any misuse of products resulting in injury. Currently there is no such reduction for foreseeable misuse of a product.</li>



<li>Outlines guidelines for ascertaining whether a product that’s been misused can be deemed defective.</li>



<li>Provides an accounting of damages for product liability lawsuits.</li>



<li>Allows certain business contracts to be concealed/not subject to discovery/disclosure in personal injury lawsuits.</li>



<li>Caps non-economic damages for pain and suffering in personal injury litigation.</li>



<li>Requires that jurors deciding these cases be kept in the dark about these provisions.</li>
</ul>



<p>In support of the measure, proponent lawmakers paraded a series of witnesses to testify before a House committee. One of those was a defense attorney for a popular southern grocery store chain who reported it is 65 percent more costly to settle a personal injury lawsuit in Florida than in any other state where the store operates. One proponent of the measure in House (not coincidentally also a defense attorney for insurance companies) referred to the state as a “<a href="http://www.judicialhellholes.org/tag/florida/" rel="noreferrer noopener" target="_blank">judicial hellhole</a>,” as described by the American Tort Reform Association.</p>



<p>It’s worth pointing out that when the state supreme court struck down medical malpractice damage caps, justices then accused lawmakers of “manufacturing a medical malpractice crisis” by asserting the number of physicians in Florida was rapidly decreasing amid rising medical malpractice claims. In fact, doctors in the state at the time were increasing – and that trend has continued.</p>



<p>This tort reform bill seeks to reinstate the $1 million damage caps on pain and suffering, something juries currently decide.</p>



<p>This latest push is likely to gain productive steam now that the Florida Supreme Court now has no justices appointed by Democratic governors, following Gov. Ron DeSantis’ appointment of three new members earlier this year. Republicans have been primarily the ones appointing judges for the last two decades.</p>



<p>Meanwhile, SB 1320 would require plaintiffs in personal injury or wrongful death attorney seeking to recover for health care costs to produce evidence of “the usual and customer rates for health care services, procedures or equipment.”</p>



<p><strong>Fort Lauderdale Personal Injury Lawyers Deny State is “Judicial Hellhole”</strong></p>



<p>As a longtime Fort Lauderdale <a href="/personal-injury/">personal injury lawyer</a>, Richard Ansara says it’s important that voters know the “judicial hellhole” argument is exceedingly week. Damage caps do not – and are not – harming Florida’s economy. The economy is doing well.</p>



<p>This push represents the latest effort to subvert victims’ rights and give large corporations an unnecessary “get-out-of-jail-free” card.</p>



<p><em>Call Fort Lauderdale Injury Attorney Richard Ansara at (954) 761-4011. Serving Broward, Miami-Dade and Palm Beach counties.</em></p>



<p>Additional Resources:</p>



<p>New Supreme Court emboldening Florida lawmakers to push tort reform, March 6, 2019, By Zac Anderson, Gatehouse News Service</p>



<p>More Blog Entries:</p>



<p><a href="/blog/florida-tort-reform-bill-could-harm-personal-injury-plaintiffs-lawyers-say/">Excessive Dose Medical Malpractice Alleged in Hospital Wrongful Death Claims</a>, Feb. 26, 2019, Fort Lauderdale Personal Injury Lawyer Blog</p>
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                <title><![CDATA[$19M Award For Railroad Car Accident Death Affirmed]]></title>
                <link>https://injury.ansaralaw.com/blog/19m-award-for-railroad-car-accident-death-affirmed/</link>
                <guid isPermaLink="true">https://injury.ansaralaw.com/blog/19m-award-for-railroad-car-accident-death-affirmed/</guid>
                <dc:creator><![CDATA[Ansara Law Personal Injury Attorneys]]></dc:creator>
                <pubDate>Fri, 29 Jun 2018 14:57:11 GMT</pubDate>
                
                    <category><![CDATA[Car Accidents]]></category>
                
                
                    <category><![CDATA[Fort Lauderdale car accident attorney]]></category>
                
                    <category><![CDATA[Fort Lauderdale personal injury lawyer]]></category>
                
                    <category><![CDATA[personal injury attorney Fort Lauderdale]]></category>
                
                    <category><![CDATA[railroad car accident]]></category>
                
                    <category><![CDATA[Wrongful death attorney]]></category>
                
                    <category><![CDATA[wrongful death lawyer Fort Lauderdale]]></category>
                
                
                
                <description><![CDATA[<p>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. The appeal from the railroad company stemmed from the argument a new trial&hellip;</p>
]]></description>
                <content:encoded><![CDATA[

<p>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. </p>

<div class="wp-block-image alignright">
<figure class="is-resized"><img decoding="async" alt="car accident attorney" src="/static/2018/06/railroad2-300x196.jpg" style="width:300px;height:196px" /></figure>
</div>

<p>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.</p>


<p>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 <a href="/personal-injury/">personal injury attorney</a> in Fort Lauderdale working on your behalf.more</p>


<p>The controversy in question involved the process of voir dire as it related to a single juror. It’s standard during the voir dire (jury selection) process for both the plaintiff and defense attorneys to ask a series of questions following a self-filled questionnaire that allow attorneys the opportunity to ascertain which jurors they wish to “strike.” There need not necessarily be a stated reason, but attorneys will tend to strike a juror if they have background history that the legal team feels may prejudice that person against giving their side a favorable outcome. Here, jurors were asked about their motor vehicle accident history and whether they had ever been involved in civil litigation for personal injury or wrongful death. This particular juror answered in the negative to both, but as it later turned out, she had been the successful plaintiff in a prior wrongful death accident lawsuit, from which she received a damage award from an auto insurance carrier. This fact wasn’t initially uncovered in the defense background check because the juror’s name was misspelled by the clerk in a typo – an error the juror came forth herself to correct. The correct spelling was also handwritten on her questionnaire. Defense attorneys had adequate prior notice of this correction during the voir dire process, the <a href="https://cases.justia.com/missouri/supreme-court/2018-sc96195.pdf?ts=1527012260" rel="noopener noreferrer" target="_blank">Missouri Supreme Court</a> ruled.</p>


<p>The facts of this case as described in court records are that plaintiff sued the railroad company for the wrongful death of her husband at a railroad crossing car accident when a train struck his pickup truck in 2012. Plaintiff alleged the railroad company was negligent in failing to trim the vegetation around the non-signaled crossing, which prevented decedent from seeing the approaching train, resulting in his death. Plaintiff also pursued damages on the legal theory of <em>respondeat superior</em> (Latin for “let the master answer”), after alleging crew members of the train should have seen the truck on the tracks as they approached because they were seated at a higher vantage point.</p>


<p>The case went to a jury in mid-2015, with a jury deciding the case in plaintiff’s favor, assessing 15 percent fault to the train crew (for which their employer was liable), 5 percent fault to decedent and 80 percent to the railroad company for negligence.</p>


<p>The Federal Railroad Administration’s Office of Safety Analysis reports in 2017, there were 2,105 railroad crossing accidents nationally, resulting in 274 deaths and 807 injuries.</p>


<p><em>Call Fort Lauderdale Injury Attorney Richard Ansara at (954) 761-4011. Serving Broward, Miami-Dade and Palm Beach counties.</em></p>


<p>Additional Resources:</p>


<p><a href="https://law.justia.com/cases/missouri/supreme-court/2018/sc96195.html" rel="noopener noreferrer" target="_blank"><em>Spence v. BNSF Railway Co.</em></a>, May 22, 2018, Missouri Supreme Court</p>


<p>More Blog Entries:</p>


<p><a href="/blog/florida-wrongful-death-claims-awards-to-survivors-v-the-estate/" rel="bookmark" title="Permalink to Florida Wrongful Death Claims: Awards to Survivors v. The Estate">Florida Wrongful Death Claims: Awards to Survivors v. The Estate</a>, May 11, 2018, Fort Lauderdale Car Accident Attorney Blog</p>


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                <title><![CDATA[Pressure on Wal-Mart to Curb Crime, Keep Shoppers Safe From Injury]]></title>
                <link>https://injury.ansaralaw.com/blog/pressure-wal-mart-curb-crime-keep-shoppers-safe-injury/</link>
                <guid isPermaLink="true">https://injury.ansaralaw.com/blog/pressure-wal-mart-curb-crime-keep-shoppers-safe-injury/</guid>
                <dc:creator><![CDATA[Ansara Law Personal Injury Attorneys]]></dc:creator>
                <pubDate>Wed, 21 Dec 2016 20:26:15 GMT</pubDate>
                
                    <category><![CDATA[personal injury]]></category>
                
                
                    <category><![CDATA[Fort Lauderdale personal injury]]></category>
                
                    <category><![CDATA[Fort Lauderdale personal injury lawyer]]></category>
                
                    <category><![CDATA[personal injury attorney]]></category>
                
                    <category><![CDATA[personal injury law firm]]></category>
                
                    <category><![CDATA[personal injury lawyer]]></category>
                
                
                
                    <media:thumbnail url="https://injury-ansaralaw-com.justia.site/wp-content/uploads/sites/1164/2017/12/grocerystore.jpg" />
                
                <description><![CDATA[<p>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&hellip;</p>
]]></description>
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<p>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. </p>


<p>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. </p>


<p>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. <a href="https://www.bloomberg.com/news/articles/2016-12-07/wal-mart-crime-epidemic-comes-under-fire-from-labor-activists" rel="noopener noreferrer" target="_blank">Bloomberg</a> 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.more</p>


<p>Union leaders met with local officials in Tampa, Tulsa, Dallas and Minneapolis, urging them to officially label the Wal-Mart stores in their communities as a public nuisance. The hope is to pressure the company to do more to beef up security.</p>


<p><a href="https://www.bloomberg.com/features/2016-walmart-crime/" rel="noopener noreferrer" target="_blank">Bloomberg Businessweek</a> had previously conducted an in-depth analysis of violence and petty crimes on Wal-Mart properties. That research concluded that a violent crime occurs at one Wal-Mart store, on average, at least once every day. When compared to its biggest rival, Target, Wal-Mart had far more incidents of violent crime on its properties. This in turn has taxed local police forces. The labor group is asking that the retailer hire more off-duty police officers and security guards and make employees more visible in the stores. This would not only reduce theft, but it would also help to keep workers and customers safer.</p>


<p>The problem, say union leaders, is that Wal-Mart has <a href="/personal-injury/premise-liability/">inadequate security</a> at most of its sites – and not because it can’t afford to pay for better.</p>


<p>Wal-Mart representatives, however, insist the company does value safety and knows this is an issue and is working to fix it. Some sites have started spot-checking receipts. More employees are stationed at self-checkout areas. Eye-level security monitors have been installed in high theft areas. The company has also started a program that allows first-time theft offenders caught stealing below a certain amount of merchandise to undergo a theft prevention program to avoid arrest – and cut down on calls to local police. In some stores (only in certain high-crime areas) additional police and security officers have been hired.</p>


<p>Still, the labor unions say this isn’t enough, citing a number of violent incidents at Wal-Mart stores nationally, including:</p>


<ul class="wp-block-list">
<li>The kidnapping of a 13-year-old autistic boy from a New York store;</li>
<li>An elderly Florida man beaten with his own walker in the parking lot;</li>
<li>A woman in Alabama stabbed to death in the parking lot;</li>
<li>A man shot and killed in a Texas parking lot for trying to help a woman being beaten;</li>
<li>A man shot and severely injured in Kansas when he rushed to the aid of a woman with a baby being beaten in broad daylight by suspected carjackers.</li>
</ul>


<p>
Again, while there is no one-size-fits-all rule on what constitutes “adequate security,” patterns like this could help to indicate a store didn’t do enough to keep customers safe.</p>


<p><em>Call Fort Lauderdale Injury Attorney Richard Ansara at (954) 761-4011. Serving Broward, Miami-Dade and Palm Beach counties.</em></p>


<p>Additional Resources:</p>


<p><a href="https://www.bloomberg.com/news/articles/2016-12-07/wal-mart-crime-epidemic-comes-under-fire-from-labor-activists" rel="noopener noreferrer" target="_blank">Wal-Mart Is Under Pressure to Fix Its Crime Problem</a>, Dec. 7, 2016, By Shannon Pettypiece, Bloomberg</p>


<p>More Blog Entries:</p>


<p><a href="/blog/anderson-v-hilton-hotels-corp-florida-supreme-court-weighs-right-attorney-fees-injury-plaintiff/">Anderson v. Hilton Hotels Corp. – Florida Supreme Court Weighs Right to Attorney Fees for Injury Plaintiff</a>, Nov. 14, 2016, Fort Lauderdale Personal Injury Lawyer Blog</p>


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                <title><![CDATA[$8M Verdict Awarded for Wrongful Death of Disabled Group Home Resident]]></title>
                <link>https://injury.ansaralaw.com/blog/8m-verdict-awarded-wrongful-death-disabled-group-home-resident/</link>
                <guid isPermaLink="true">https://injury.ansaralaw.com/blog/8m-verdict-awarded-wrongful-death-disabled-group-home-resident/</guid>
                <dc:creator><![CDATA[Ansara Law Personal Injury Attorneys]]></dc:creator>
                <pubDate>Fri, 28 Oct 2016 16:53:08 GMT</pubDate>
                
                    <category><![CDATA[Wrongful Death]]></category>
                
                
                    <category><![CDATA[Fort Lauderdale personal injury lawyer]]></category>
                
                    <category><![CDATA[Fort Lauderdale wrongful death lawyer]]></category>
                
                
                
                    <media:thumbnail url="https://injury-ansaralaw-com.justia.site/wp-content/uploads/sites/1164/2017/12/wheelchair5.jpg" />
                
                <description><![CDATA[<p>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&hellip;</p>
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<p>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. </p>


<p>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.</p>


<p>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.</p>


<p>According to <a href="http://kfor.com/2016/10/14/8-million-verdict-awarded-in-oklahoma-wrongful-death-lawsuit/" rel="noopener noreferrer" target="_blank">KFOR-4</a>, the 51-year-old decedent had the mind of an 18-month-old child. He had resided for 40 years in a state-run institution before he transferred to defendant group home in Tulsa. He transferred to the home in January 2014. His sister said the family was assured by administrators he’d be well cared-for. But he was hospitalized in just one month. In her wrongful death lawsuit, she asserts her brother suffered a seizure – which happened occasionally – and the staffers were not trained in how to properly care for him. She claims he was limp and drug out of the house on a chair and laid into a car and driven to a doctor’s office.</p>


<p>He died shortly thereafter. Defendant facility no longer cares for patients with developmental disabilities. After the <a href="/personal-injury/nursing-home-negligence/">wrongful death</a> verdict, a spokesperson for the facility said there were no plans to appeal and that the jury’s verdict would be respected. The facility will pay $7.2 million of the $8 million judgment. The remaining amount was assigned to decedent’s doctors and nurses, but they were not named as defendants in this case, and thus will not be financially affected.</p>


<p>These types of cases are in no way unique to Oklahoma. In fact, journalism non-profit <a href="https://www.propublica.org/article/advoserv-profit-and-abuse-at-homes-for-the-profoundly-disabled" rel="noopener noreferrer" target="_blank">ProPublica</a> late last year spotlighted widespread, systemic trouble in group homes caring for disabled individuals across Florida. Journalists discovered at least 145 cases of children in residential facilities dying from avoidable causes over the course of three decades. Some of these facilities receive upwards of $350,000 annually to provide for each patient, and yet fail to provide a basic standard of care. There were also hundreds of reports of abuse and neglect, many of those involving unnecessary and unsafe restraints.</p>


<p><em>Call Fort Lauderdale Injury Attorney Richard Ansara at (954) 761-4011. Serving Broward, Miami-Dade and Palm Beach counties.</em></p>


<p>Additional Resources:</p>


<p><a href="http://kfor.com/2016/10/14/8-million-verdict-awarded-in-oklahoma-wrongful-death-lawsuit/" rel="noopener noreferrer" target="_blank">$8 million verdict awarded in Oklahoma wrongful death lawsuit</a>, Oct. 14, 2016, By Sarah Stewart, KFOR-4</p>


<p>More Blog Entries:</p>


<p><a href="/blog/study-1-5-nursing-home-residents-abused-residents/">Study: 1 in 5 Nursing Home Residents Abused by Other Residents</a>, July 9, 2016, Fort Lauderdale Wrongful Death Lawyer Blog</p>


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                <title><![CDATA[Steinberg v. Sahara Sam’s – Liability Waiver Can’t Shield From Legal Action for Gross Negligence]]></title>
                <link>https://injury.ansaralaw.com/blog/steinberg-v-sahara-sams-liability-waiver-cant-shield-legal-action-gross-negligence/</link>
                <guid isPermaLink="true">https://injury.ansaralaw.com/blog/steinberg-v-sahara-sams-liability-waiver-cant-shield-legal-action-gross-negligence/</guid>
                <dc:creator><![CDATA[Ansara Law Personal Injury Attorneys]]></dc:creator>
                <pubDate>Fri, 26 Aug 2016 16:46:30 GMT</pubDate>
                
                    <category><![CDATA[personal injury]]></category>
                
                
                    <category><![CDATA[Fort Lauderdale personal injury lawyer]]></category>
                
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                <description><![CDATA[<p>Increasingly, anyone who engages in an activity with the slightest risk is being asked to sign a waiver of liability. Many people barely read the language and hardly understand what rights they are signing away. The fact is, they are forgoing the right to take legal action against the owner/organizer/manufacturer – even in the event&hellip;</p>
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<p>Increasingly, anyone who engages in an activity with the slightest risk is being asked to sign a waiver of liability. Many people barely read the language and hardly understand what rights they are signing away. The fact is, they are forgoing the right to take legal action against the owner/organizer/manufacturer – even in the event that negligence on the part of those entities resulted in a personal injury. </p>


<p>But even with the presence of a valid waiver (and not all of them are valid, for a myriad of reasons), not even the most careful language in such a contract can sign away rights to legal action for gross negligence. This is a step above and beyond simple negligence, which is merely the absence of reasonable care. Gross negligence is the voluntary and conscious disregard for the need to use reasonable care.</p>


<p>A recent case out of New Jersey, <em>Steinberg v. Sahara Sam’s</em>, illustrates how evidence of gross negligence can help injured victims fight for compensation, despite the presence of a waiver. The case was recently considered by the New Jersey Supreme Court.more</p>


<p>The incident in question happened in April 2010 on a surfboard simulator at an indoor water park. Guests had the option to either lie down flat on the bodyboard or stand on the “flowboard,” which sort of looks like a smaller surfboard. If a rider is standing up, an employee holds one end of the rope while the rider holds the other to assist with balance.</p>


<p>Plaintiff and his kids first tried to get on the ride before they had signed the liability waiver, but they were turned away. They came back after signing it and were granted access.</p>


<p>What the plaintiff did not know was that a year earlier, before the park opened to the public, the company’s corporate training designee instructed workers on the safe operation of the ride using the manufacturer’s 2008 manual. This manual differed from the 2007 manual, from when the machine was originally built. The 2008 manual indicated first-time riders should lay down on the board – not stand up. Further, the manual indicated that employees were supposed to tell riders they shouldn’t wrap the rope around their wrists or hold the rope with two hands because that would result in greater risk of injury.</p>


<p>When plaintiff approached the ride, the manufacturer signage from 2007 was displayed – not the updated signage from 2008, which plaintiff now says was crucial because the older sign failed to put him on notice as to the gravity of danger and precautions he needed to take to avoid injury as a first-time rider. He says he was not told it was better to lie down. Neither was he instructed not to wrap the rope around his wrists, which he did. Seconds after the flowboard was released on the water, he fell off head-first, hitting his head on the bottom of the surface, resulting in a spinal cord injury that rendered the geriatric psychologist an incomplete paraplegic. After undergoing emergency spinal fusion surgery and extensive rehabilitation, he regained the ability to walk without assistance.</p>


<p>After he filed his <a href="/personal-injury/">personal injury lawsuit</a>, two lower courts ruled the waiver of liability plaintiff signed and the warnings he received were adequate, and barred his lawsuit. The New Jersey Supreme Court, however, reversed. The court sided with the appellate judge’s dissent, which held that when the facts are viewed in the light most favorable to the plaintiff (as is done early on in the case for purposes of summary judgment), there was sufficient evidence to indicate there may have been gross negligence, such as would overcome the prohibition on litigation wrought by the liability waiver.</p>


<p><em>Call Fort Lauderdale Injury Attorney Richard Ansara at (954) 761-4011. Serving Broward, Miami-Dade and Palm Beach counties.</em></p>


<p>Additional Resources:</p>


<p><em>Steinberg v. Sahara Sam’s</em>, Aug. 29, 2016, New Jersey Supreme Court</p>


<p>More Blog Entries:</p>


<p><a href="/blog/family-mut-ins-v-williams-dog-injury-liability-case-proceed/">Am. Family Mut. Ins. v. Williams – Dog Injury Liability Case to Proceed</a>, Aug. 23, 2016, Fort Lauderdale Personal Injury Attorney Blog</p>


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                <title><![CDATA[Am. Family Mut. Ins. v. Williams – Dog Injury Liability Case to Proceed]]></title>
                <link>https://injury.ansaralaw.com/blog/family-mut-ins-v-williams-dog-injury-liability-case-proceed/</link>
                <guid isPermaLink="true">https://injury.ansaralaw.com/blog/family-mut-ins-v-williams-dog-injury-liability-case-proceed/</guid>
                <dc:creator><![CDATA[Ansara Law Personal Injury Attorneys]]></dc:creator>
                <pubDate>Tue, 23 Aug 2016 20:18:39 GMT</pubDate>
                
                    <category><![CDATA[personal injury]]></category>
                
                
                    <category><![CDATA[Fort Lauderdale personal injury lawyer]]></category>
                
                    <category><![CDATA[personal injury attorney]]></category>
                
                
                
                    <media:thumbnail url="https://injury-ansaralaw-com.justia.site/wp-content/uploads/sites/1164/2017/12/dog5.jpg" />
                
                <description><![CDATA[<p>In Florida, dog owners are liable for the injury or damages their animals cause, regardless of whether they the dog was formerly declared vicious or whether the owner knew about such viciousness. Per F.S. 767.04, negligence on the part of the person who is bitten or injured that contributed to the injury will play a&hellip;</p>
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<p>In Florida, dog owners are liable for the injury or damages their animals cause, regardless of whether they the dog was formerly declared vicious or whether the owner knew about such viciousness. Per <a href="http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0767/0767.html" rel="noopener noreferrer" target="_blank"><em>F.S. 767.04</em></a>, negligence on the part of the person who is bitten or injured that contributed to the injury will play a role in reducing the dog owner’s liability, but it won’t eliminate it. </p>



<p>Dog bite and dog injury cases make up a substantial part of homeowner insurance claims and payouts. According to the American Pet Products Association, some 78 million dogs are owned in the U.S. Last year, there were approximately 4.5 million people bitten by dogs, according to the Centers for Disease Control and Prevention (CDC) and of those, about 885,000 required medical care. Dog bites and other dog-related injuries accounted last year for a third of all homeowner insurance liability claim dollars paid out, totaling some $570 million. On average, dog bite and dog injury claims are given about $37,200, which is a slight uptick from years’ past.</p>



<p>The recent case of <a href="https://law.justia.com/cases/federal/appellate-courts/ca7/15-3400/15-3400-2016-08-08.html" rel="noopener noreferrer" target="_blank"><em>Am. Family Mut. Ins. v. Williams</em> </a>did not involve a bite, but did allege a dog-related injury for which plaintiff sought coverage from the dog owner’s homeowner insurance policy.</p>



<p>According to court records, plaintiff was staying with a college friend and his friend’s wife in Indiana in 2012. One day, the couple left for work, leaving their guest at home with their dog, Emma. The couple told their guest the dog should be fine – he didn’t need to do anything for her while they were gone. However, they did note that if she really wanted to go outside, she would ring a bell at the front door and he could let her out. They made no mention of a leash or of him accompanying her.</p>



<p>Shortly before 11 a.m., plaintiff was watching television on the couch when he heard the dog scratching on his bedroom door. He got up, found her leash and took her outside to do her business, which she did without incident. The pair went back inside.</p>



<p>About an hour later, he heard the doggie bell ring and went to the front door to find the canine crying to be let out. Once again, he grabbed the leash and walked out back with her. Then suddenly, another dog nearby in the neighborhood barked. This was enough to send Emma lunging forward. She took plaintiff along with her. Because he didn’t let go of the leash, he twisted his shoulder and suffered injuries when he hit the ground.</p>



<p>He later filed a lawsuit against his college friend for liability for their dog’s actions, causing his <a href="/personal-injury/dog-bites/">dog injury</a>.</p>



<p>The homeowner’s insurance company contained a personal liability coverage that indemnified the couple for compensatory damages – such as personal injury – and guaranteeing to defend them from such damages. The policy did contain a provision stating it would not cover bodily injury to any insured. An insured person, as defined by the policy, is one who in relevant part was legally responsible for the animal or someone who owned the animal to which the policy’s personal liability coverages apply. The insurer took the position that it was relieved of the duty to defend or indemnify the homeowners because plaintiff had been “responsible” for the dog.</p>



<p>The district court disagreed with that assertion, and the U.S. Court of Appeals for the Seventh Circuit affirmed. The court ruled plaintiff was not the dog’s keeper, owner or bailee. Therefore, he wasn’t legally responsible for her under Indiana law. He was also not an insured under the policy and therefore, he wasn’t precluded from coverage by the policy’s provision regarding intra-insured lawsuits.</p>



<p><em>Call Fort Lauderdale Injury Attorney Richard Ansara at (954) 761-4011. Serving Broward, Miami-Dade and Palm Beach counties.</em></p>



<p>Additional Resources:</p>



<p><a href="https://law.justia.com/cases/federal/appellate-courts/ca7/15-3400/15-3400-2016-08-08.html" rel="noopener noreferrer" target="_blank"><em>Am. Family Mut. Ins. v. Williams</em> </a>, Aug. 8, 2016, Fort Lauderdale Personal Injury Lawyer Blog</p>



<p>More Blog Entries:</p>



<p><a href="/blog/horrific-alligator-attack-disney-responsible/" target="_blank">Horrific Alligator Attack – But Is Disney Responsible? </a>July 6, 2016, Fort Lauderdale Personal Injury Lawyer Blog</p>
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                <title><![CDATA[Premises Liability for Dangerous Spring Break Gathering]]></title>
                <link>https://injury.ansaralaw.com/blog/premises-liability-dangerous-spring-break-gathering/</link>
                <guid isPermaLink="true">https://injury.ansaralaw.com/blog/premises-liability-dangerous-spring-break-gathering/</guid>
                <dc:creator><![CDATA[Ansara Law Personal Injury Attorneys]]></dc:creator>
                <pubDate>Sat, 02 Apr 2016 20:34:26 GMT</pubDate>
                
                    <category><![CDATA[personal injury]]></category>
                
                
                    <category><![CDATA[Fort Lauderdale personal injury lawyer]]></category>
                
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                    <media:thumbnail url="https://injury-ansaralaw-com.justia.site/wp-content/uploads/sites/1164/2017/12/party1.jpg" />
                
                <description><![CDATA[<p>A huge spring break party in Plantation that involved a residential home packed with 400 people ended tragically in gunfire, the death of one man and the serious injury of four others. The Sun-Sentinel reports the body of Serge Pierre Dumas, 28, was later located inside by authorities, who combed the five-bedroom, two-story property shortly&hellip;</p>
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<p>A huge spring break party in Plantation that involved a residential home packed with 400 people ended tragically in gunfire, the death of one man and the serious injury of four others.</p>


<p>The <a href="http://www.sun-sentinel.com/local/broward/plantation/fl-plantation-fatal-shooting-20160320-story.html" rel="noopener noreferrer" target="_blank">Sun-Sentinel</a> reports the body of Serge Pierre Dumas, 28, was later located inside by authorities, who combed the five-bedroom, two-story property shortly after receiving complaints about noise and parking. As the officers were standing outside, shortly before midnight, gunfire rang out. In addition to the one decedent, three women and one man were transported to Fort Lauderdale’s Broward Medical Center with gunshot wounds.</p>


<p>The shooter, who has not yet been identified, allegedly escaped as people started pouring out of the house.</p>


<p>In a situation like this, there may be a few different avenues for recovery of damages for victims. When injury or death occurs on a residential property, our <a href="/personal-injury/premise-liability/" target="_blank">Fort Lauderdale injury attorneys</a> would first look at homeowners’ insurance. However, most of the time, if those injuries were the result of an intentional act of violence, the insurance company isn’t likely to cover the damages.</p>


<p>In this situation, that would leave us with one other possibility: Negligent security or inadequate security.</p>


<p>Usually, this sort of assertion is reserved for nightclubs, apartment complexes, bars, stadiums or other places where individuals might potentially be imperiled, either because of huge crowds or the service of alcohol or the potential for individuals to become isolated at night. Although the exact level of security isn’t outlined by law, courts will usually take into account whether the incident was reasonably foreseeable.</p>


<p>Private homeowners typically aren’t required to provide security to their guests, even if they do throw a party. However this situation may be different for a number of reasons, including:
</p>


<ul class="wp-block-list">
<li>There were 400 people packed into a 5-bedroom residence;</li>
<li>This was a party that was heavily advertised on social media as a “spring break celebration”;</li>
<li>There was a $5 cover charge for men to get in;</li>
<li>The home is owned by an organization called, “Boss Group Ministries”;</li>
<li>This property has been the site of other large parties.</li>
</ul>


<p>
The owner of BGM told a reporter had not rented out the property to anyone else prior to the party, which would indicate the organization could be held liable for the injuries and death, as opposed to some other third party.</p>


<p>According to guests at the party, the age range of people in attendance varied significantly, from high school students to young adults in their 20s to some in their 40s and 50s. The entire property – including the pool and back patio – was was completely packed.</p>


<p>Among the wounded: a 21-year-old man, and three young women, ages 16, 17 and 18.</p>


<p>Detectives say despite the huge number of people in attendance, no one has come forward to name who the alleged suspect is. The entire situation, said one detective, is nothing like he’s ever seen in 27 years of police work.</p>


<p>A successful claim for negligent security would likely involve securing compensation for:
</p>


<ul class="wp-block-list">
<li>Medical expenses</li>
<li>Lost wages</li>
<li>Pain and suffering</li>
<li>Funeral Expenses</li>
<li>Loss of consortium</li>
</ul>


<p>
<em>Call Fort Lauderdale Injury Attorney Richard Ansara at (954) 761-4011. Serving Broward, Miami-Dade and Palm Beach counties.</em></p>


<p>Additional Resources:</p>


<p><a href="http://www.sun-sentinel.com/local/broward/plantation/fl-plantation-fatal-shooting-20160320-story.html" rel="noopener noreferrer" target="_blank">Spring Break party packed with 400 people ends with one dead, four hurt,</a> March 21, 2016, By Mike Clary, Sun Sentinel</p>


<p>More Blog Entries:</p>


<p><a href="/blog/rish-v-simao-low-impact-car-accident-defense/" target="_blank">Rish v. Simao – Low Impact Car Accident Defense, </a>March 25, 2016, Fort Lauderdale Personal Injury Lawyer Blog</p>


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