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

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

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

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

In some cases, it could be the our client (plaintiff) bears some degree of fault. In most cases, comparative fault (as outlined in F.S. 768.81, defined as the degree to which someone is responsible for their own injuries) will not bar a plaintiff from prevailing in a claim against a defendant. It can, however, make the claim more difficult because it may reduce the amount of damages to which you are entitled.

Other Factors at Issue in How Long an Injury Lawsuit Will Take to Resolve

Many Florida injury lawsuits are resolved even before they become lawsuits. Claims filed with the tortfeasor’s insurer may be paid after some back-and-forth negotiation with claimant’s attorney. Although this process does not require the help of an injury attorney, it is advisable any time there is more than minor property damage at issue. Injuries that involve broken bones, scarring or time off work might be worth more than you’d imagine at first blush because of the potential for long-term impact and medical costs. Working with an experienced Fort Lauderdale injury lawyer helps ensure your best interests aren’t overlooked.

Other factors that may play a part in extending resolution of your injury claim include:

• Whether both parties agree as to how the accident happened and who was at-fault;
• Whether both parties agree as to the cause of victim’s injuries (was it this accident or another factor, such as a pre-existing condition);
• How long it takes to gather and present necessary evidence, such as medical records;
• Whether the case requires testimony from an expert witness (medical malpractice cases automatically necessitate them, but some car accident and slip-and-fall cases do too);
• Whether the court has an overcrowded docket/busy schedule.

In some cases, defendants and plaintiffs may agree on several issues – up to and including who is at fault – yet still disagree on what is a fair payment for damages. Trial may be held on just this point alone. Compared to cases wherein several points are in contention, these personal injury lawsuits will likely be resolved more quickly.

Although no injury attorney can give you a certain answer on how long your case will take to resolve or what the outcome will be, generally speaking a claim can take anywhere from a few months to several years to resolve. There are many variables involved. Your experienced injury attorney in Fort Lauderdale should be able to give you a reasonable time estimate – noting possible contingencies that could shorten or lengthen resolution – early on in your case. Often the faster you get in touch with an injury lawyer, the faster your claim can be resolved.

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

Additional Resources:

Florida Statute Comparative Fault, F.S. 768.81

Florida Statute of Limitations, F.S. 95.11(3)

More Blog Entries:

Florida Teacher Assaulted by Student Fighting to Collect Full $3 Million Verdict, Jan. 28, 2019, Fort Lauderdale Personal Injury Lawyer Blog

According to WSOC TV News, the accident involving three sunbathers occurred at a popular beach near Key Biscayne, Florida.

Victims said they were lying on the beach, and the driver of the truck apparently did not see them. They tried to get out of the way, but the truck managed to run over their hands and feet. They suffered personal injuries to their hands or feet, depending on which way they were lying, but fortunately, their injuries were not considered life-threatening.morePolice were called to the scene, along with paramedics who treated the victims for various scrapes and contusions. The driver of the pickup reportedly told police that he did not see them. He immediately stopped following the accident and was the first person to call 911 after checking the condition of the three victims. There were no charges filed against the driver as of the time of this article. There have also been no formal accusations of negligence filed against the driver.

As our Fort Lauderdale personal injury attorneys can explain, it generally doesn’t matter if criminal charges have not been filed in connection with an accident in which someone was injured. This is not to say it isn’t helpful if defendant is charged with a crime, but it is by no means necessary in order for you to recover in a civil personal injury lawsuit.

The reason for this is because, in a civil personal injury lawsuit, there are typically four elements that must be proven to establish negligence. The four elements in a negligence cause of action are as follows:

1. Duty
2. Breach
3. Causation
4. Damages

The duty is a duty to act as a reasonable and prudent person so as to avoid foreseeable injury to foreseeable personal and property. The duty can be imposed for various reasons, but in the case of a car accident, if you drive a car, you assume a duty of due care as a matter of law.

The breach element is where criminal charges can make a difference. If criminal charges are filed, and the defendant pleads guilty or is found guilty, the violation of criminal statute can often be used to establish a breach of the duty of care. This is known as negligence per se. If you have a personal injury case after a drunk driving car accident, and the defendant also pleads guilty to a DUI, that plea can be used to establish a breach of a duty of due care. However, it is important to understand that this doesn’t take care of the remaining two elements in a negligence case. You must still prove that the breach of a duty of care caused the accident and damages occurred.

To continue with the drunk driving car accident case, if a drunk driver is arrested after an accident, but the accident wasn’t his fault, it may be difficult for the other driver to prove causation. However, this will not help the drunk driver in his criminal case.

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

Additional Resources:

Miami sunbathers scraped and bruised after getting run over by a parks truck, May 14, 2017, By Sandra Nortunen, WSOC TV

More Blog Entries:

Property Owner Liability for Dangerous Road Conditions, March 7, 2017, Personal Injury Lawyer Blog

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.

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. Bloomberg 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

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.

Bloomberg Businessweek 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.

The problem, say union leaders, is that Wal-Mart has inadequate security at most of its sites – and not because it can’t afford to pay for better.

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.

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

• The kidnapping of a 13-year-old autistic boy from a New York store;
• An elderly Florida man beaten with his own walker in the parking lot;
• A woman in Alabama stabbed to death in the parking lot;
• A man shot and killed in a Texas parking lot for trying to help a woman being beaten;
• 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.

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.

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

Additional Resources:

Wal-Mart Is Under Pressure to Fix Its Crime Problem, Dec. 7, 2016, By Shannon Pettypiece, Bloomberg

More Blog Entries:

Anderson v. Hilton Hotels Corp. – Florida Supreme Court Weighs Right to Attorney Fees for Injury Plaintiff, Nov. 14, 2016, Fort Lauderdale Personal Injury Lawyer Blog

Although news reports do not detail exactly why the judge dismissed the claim, we do know that Ross had described the allegations as “vague.”

The alleged victim stated the incident occurred in December 2011 at a residence owned by Ross and his mother. Victim stated there was iron hardware that was left at ground level. Specifically, there was a rail on the ground connected to an iron rail at the rear of the property.

Plaintiff reportedly sustained severe injuries, suffered disfigurement and endured pain and suffering as a result of the fall. Plaintiff sought in excess of $15,000 in damages.

Ross and his mother told the court they were not at the home at the time of the alleged fall because the property was occupied by tenants.

Although we don’t know the grounds on which the judge dismissed the case, we do know that landlords can and often are held liable for injuries suffered by tenants and also guests of tenants.

Under Chapter 83 of Florida Statutes, we know that residential landlords have a host of duties of care owed to the tenant and others who are lawfully on that property. Those duties include:

• Making sure the property is up to applicable health codes;
• Making sure the property is reasonably maintained;
• Addressing any dangerous animal concerns on the property;
• Ensuring the property is reasonably secure.

If an injury results from a violation of this act, it will serve to bolster a plaintiff’s case for damages.

The other issue in premises liability cases was whether the property owner has sufficient notice of a problem (actual notice). If not, plaintiff may still be able to prove the case by asserting that if property owner had been using reasonable care, he or she would have discovered the dangerous condition (constructive notice).

So for example, if a tenant notifies a landlord that there is a broken stair or lighting issue that poses a fall risk, that’s actual notice. If the landlord doesn’t do anything about it and someone gets hurt, the landlord could be held responsible to pay those damages. On the other hand, let’s say no one told the landlord about the stairway issue, but he or she hasn’t been to the building in two years and the place has fallen into general disrepair. If someone is injured as a result of a dangerous condition on that property, one could make an argument that had the landlord exercised reasonable care, the dangerous condition would have been discovered and he or she would have had an obligation to address it.

In a case like this, plaintiff would need to show the defendant had a duty to keep that particular part of the property in good condition, the property was not in good condition, it was foreseeable that someone would get injured as a result, the danger wasn’t obvious to the victim and the condition directly caused the injury.

If you have questions about pursuing compensation for your recent Fort Lauderdale personal injury, contact our offices today.

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

Additional Resources:

Florida Judge Rules in Rock Ross Case Where Woman Claims She Was Injured at Rapper’s Home, Jan. 15, 2016, By Soren Baker, Hip Hop DX

More Blog Entries:

Grammer v. Lucking – Dog Causes Injury but Doesn’t Bite, Jan. 17, 2016, Fort Lauderdale Injury Attorney Blog

That said, plaintiffs still have a heavy proof burden in showing a causal link between a property owner’s negligent maintenance of property and alleged injuries.

This was seen in the recent case of Gemmink v. Jay Peak Inc., recently before the U.S. Court of Appeals for the Second Circuit.

According to court records, plaintiff was injured while skiing at a resort in Vermont with his daughter. The two were skiing down one trail, which intersected with another. However, when his daughter reached the end, she realized her father hadn’t followed her down. A worker for the resort would later find plaintiff in great pain, lying on his back near a tree.

Worker described plaintiff as “combative,” but indicated he could not recall the incident that caused him injury. Plaintiff’s daughter, however, took note of a jump near the trees right by the intersection. This led plaintiff to opine another patron flew off that jump and collided with him, rendering him unconscious and suffering from a concussion, fractures to several of his left ribs and his left arm.

He filed a lawsuit to recover damages, asserting the resort allowed dangerous jumps on its trails and he was injured as a consequence of that.

But there were several problems with his filing, beginning with the fact that it was done pro se, meaning without a lawyer. While negligence may seem a fairly simple thing to prove, the reality is it is not. Premises liability law in particular is filled with nuance and it can vary greatly from state-to-state and even from one property to the next. (For example, what is considered “negligent security” in one location may not necessarily be considered negligent in the next.) An experienced personal injury lawyer can help clients navigate these issues, and advise on the best legal strategies given the unique circumstances of the case.

Those who fear the cost of hiring an attorney should know many cases can be accepted on a contingency fee basis, meaning if a lawyer accepts your case, the law firm covers all costs upfront and there are no attorneys fees unless you win.

Beyond plaintiff’s failure to hire an attorney, he failed to produce sufficient evidence to indicate the cause of his injury. He needed to show more probably than not that defendant’s negligence was the cause of his injury. The fact that neither he nor anyone else saw another skier collide with him and he produced little in the way of circumstantial evidence to prove that’s what happened.

And even if he was able to do that, he failed to provide any expert witness testimony that could prove that a lack of maintenance of this nature would result in this type of accident with any sort of frequency. While expert witness testimony isn’t required in every injury case, it is generally required to support a finding of causation where the link may be obscure and a layperson with no well-founded knowledge could only speculate.

Although south Florida doesn’t have any ski resorts to boast of, there are many activities for which property owners may owe a duty of care to patrons. Success in these cases starts with consultation with a lawyer who has experience in this area of law.

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

Additional Resources:

Gemmink v. Jay Peak Inc., Nov. 30, 2015, U.S. Court of Appeals for the Second Circuit

More Blog Entries:

Roma v. Moreira – Duty of Landlord to Prevent Tenant Injuries, Nov. 24, 2015, Fort Lauderdale Premises Liability Attorney Blog