Articles Posted in personal injury lawyer

A new government audit points the finger at Medicare for failure to enforce federal law requiring immediate law enforcement notification of any sexual or physical abuse against nursing home residents. The Health and Human Services’ Office of Inspector General put forth an early alert on preliminary data on the issue, based on sizable samples from…

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

To win a slip-and-fall lawsuit in Florida, plaintiff (the injured person) must prove defendant had actual or constructive knowledge of the hazard and failed to address or warn about it. Actual knowledge means the business was aware of that particular hazard in that place and time. Constructive knowledge, per F.S. 768.0755, is proven with circumstantial…

Many personal injury lawsuits involve not just individuals, but also businesses. In fact, employers may be vicariously liable for the negligent actions of employees acting in the course and scope of employment. However, a recent decision by the state high court in Nevada held that individual members of a limited liability company cannot be held…

Florida has more fatal motorcycle accidents than any other state in the country. Data released earlier this year from the National Highway Traffic Safety Administration (NHTSA) revealed 616 motorcyclists were killed in the Sunshine State just in 2015 alone (an uptick from the initial estimate of 557). Now, a new analysis from the federal agency…

If you are injured in a slip-and-fall accident in a Florida business, you may be entitled to collect damages. However, just because you fell and were hurt doesn’t automatically mean you are entitled to damages. Each state has its own set of criteria for what must be proven, though it’s often similar. Florida updated its…

It’s not uncommon in situations where multiple vehicles crash on the same road in short succession that authorities and/ or insurance companies will find one or more drivers at-fault – even if the at-fault driver(s) didn’t directly strike the victim. The question is whether the person alleged to be at-fault took action that proximately caused…

Landlords of residential properties – like most all property owners – have a responsibility to ensure their site is in reasonably safe condition for both tenants and visitors. F.S. 83.51 requires that landlords to comply with all applicable building, housing and health codes and make sure all exterior walls, foundations, steps, porches, floors, doors and…

Approximately 15 million Americans have food allergies, according to Food Allergy Research & Education, Inc., which further notes this potentially deadly condition affects 1 in 13 children under 18 (or two in every classroom). Approximately 90 percent of these allergies stem from milk, eggs, peanuts, tree nuts, fish, wheat, soy and shellfish. Every three minutes,…

Stem cell research holds a great deal of promise in addressing some of the most problematic conditions and ailments of humans. That said, it’s still a relatively new science, and treatments haven’t been thoroughly vetted. Initially, this spurred wild growth of stem cell “treatment” clinics in countries like Mexico and China, where medical standards can…