With more children and families sticking closer to home this summer, the risk of a Palm Beach bicycle accident resulting in severe injuries is higher than ever. Safe Kids Palm Beach County reports that traumatic injuries suffered by children in Palm Beach County bicycle accidents has shot up nearly 170 percent in recent months. Eight kids were treated locally for serious bike crash injuries in just five weeks.Palm Beach injury lawyer

The non-profit kids’ safety organization indicated most of the bicycle accidents involved collisions with cars. More than 90 percent of riders treated at local hospitals weren’t wearing helmets and suffered some type of brain injury.

“Kids think they’re invincible,” the SKPBC director told WPTV recently.

That may be true, but our Palm Beach County injury attorneys want to stress it doesn’t give a free pass to drivers who are distracted, speeding or otherwise careless – particularly in residential neighborhoods where one would expect to see more children on bicycles right now. The failure of a child to wear a helmet won’t excuse a negligent motorist from liability either. Continue reading

An estimated 1 in 6 women in Florida will be victimized by sexual assault at least once in life, while 1 in 5 men will be victimized by some form of sexual violence other than rape. Although survivors can make the decision to report such actions to police, pursuing criminal prosecution is ultimately up to the local state attorney’s office. Even if the prosecutor files charges and secures a conviction, the reality is compensation to the victim in the form of restitution is unlikely to be adequate (if it’s ordered or able to be collected at all).Florida sexual assault lawsuit

But one avenue through which survivors may still obtain justice is civil litigation. As our West Palm Beach civil trial lawyers can explain, the goal of a civil sexual abuse lawsuit isn’t to undo what cannot be undone. Rather, it is to make victims as whole as possible by compensating for physical injuries, disability (time you had to take off work), mental and emotional trauma and even damaged relationships.

And the perpetrator may not be the only one you can hold responsible – even if he or she acted alone. In civil litigation, you’ll want to explore the potential liability of:

  • The owner/controller of the property where the sexual assault happened.
  • The offender’s employer.
  • The school, daycare, sports organization, religious institution, nursing home or hospital that had a duty to protect the victim.
  • Any security firms contracted to keep people safe.

Civil liability against third parties in sexual abuse lawsuits considers the duty of care the defendant owed to protect the plaintiff (victim) and whether the offense was reasonably foreseeable. Did the employer do enough to vet its workers? Did the sports organization overlook years of misconduct by a coach? Did the hotel fail to make sure it had adequate security staff on site to keep guests safe? These are the kinds of things that can result in a finding of third-party liability in Florida sexual assault lawsuits. Continue reading

Violent crime has the potential to affect anyone. The Florida Department of Law Enforcement reports more than 33,000 arrests in 2019 for violent crimes, including battery, sexual assault, robbery and homicide. If you are injured as a result of a violent crime on another’s property, you may have grounds for filing a Florida negligent security lawsuit. filing a Florida negligent security lawsuit

Negligent security is a type of premises liability claim in civil law that allows for monetary compensation if a property owner or manager failed to put adequate security measures in place that left a person on site vulnerable to a criminal attack.

A property that is poorly secured can result in someone being attacked, shot, carjacked, sexually assaulted or robbed. Although courts do not expect property owners to be fortune tellers and anticipate every random criminal occurrence, it is expected they will undertake reasonable security measures to keep invited persons safe. Continue reading

Accountability for sexual assault is most often thought of in the context of criminal law. An attack occurs, followed by a police investigation and possibly arrest, prosecution and incarceration. However, victims have other avenues of accountability through civil courts. Specifically, we’re talking about a type of premises liability claim known as negligent security.West Palm Beach sexual abuse lawyers

Those who own and manage property such as nightclubs, hotels, resorts, amusement parks, dormitories, shopping centers and apartment buildings have a legal duty to provide a safe, secure place for their patrons and guests. That means protecting them from foreseeable risks, which includes criminal attacks such as sexual assault.

It is not that Florida property owners are expected to anticipate every random crime. However, failure to initiate reasonable security measures that in turn makes it easier for a criminal act like rape to occur opens the door to a negligent security lawsuit. So even though the attacker is directly responsible for the assault, property owners, property managers and security firms can also be held liable. Continue reading

Health care workers and first responders are known for being the first helpful faces on the scene in the midst of a crisis. That’s perhaps no more true than in the moment we’re all facing together right now. healthcare workers

Doctors, physician’s assistants, nurses, paramedics and other medical professionals are considered among the most essential workers on the front lines as we collectively navigate this global health emergency.

As most Floridians are under state and local orders to remain socially distanced, keeping each other safe by staying in, these workers do so by showing up. Often, they’re caring for the most vulnerable among us. They’re conducting roadside tests, caring for at-risk nursing home residents, admitting emergency room walk-ins and treating critically ill ICU patients.

Our South Florida personal injury lawyers have counseled clients through some very difficult times – auto accidents, elder abuse, hurricane claims and instances of medical malpractice. Whether negligence or a natural disaster, the one constant has been our commitment to continue advocating for our clients. It’s what we do.

South Florida injury lawyers

The current public health crisis is unlike anything most of us have ever experienced.

We understand our clients have questions about what these circumstances mean for pending cases. We have been personally reaching out to each and every one to update them on the status of their claims.

Others have concerns about the novel legal questions this situation might present.  Our team remains available to you through via phone, video conferencing and email. We also continue to offer free initial consultations through these mediums. Continue reading

Florida personal injury laws are designed to compensate those who are injured as a result of someone else’s negligence. These extend to individuals involved in car accidents, slip-and-fall incidents and injury due to use of dangerous products. South Florida injury claims

Claims for damages (financial compensation) can be pursued either by filing a lawsuit or negotiating a settlement. As our South Florida injury lawyers can explain, most claims are resolved via settlement, as these tend to conclude faster, be less costly and outcomes are more certain than in litigation.

Civil injury attorneys will usually work to negotiate a settlement with defendant insurers before going the route of a lawsuit. While each case is different, it’s usually only if those settlement negotiations break down (when an insurer tries to settle a claim for less than it’s worth) that your attorney will recommend a lawsuit. Continue reading

Florida truck accidents have steadily risen in recent years. The Florida Department of Highway Safety and Motor Vehicles reports in a single recent year, there were more than crashes involving large trucks, resulting in more than a dozen deaths and 1,000 injuries – 57 of those catastrophic.truck accidents

Still, there is little denying how critical trucks are to our economy. They have proven a lifeline to necessary products.

Recently, the Federal Motor Carrier Safety Administration (FMCSA) relaxed hours-of-service rules for commercial drivers carrying essential goods. It remains to be seen whether this might lead to an uptick in more Florida truck accidents. Continue reading

When someone is injured as a result of another’s negligence – slip-and-fall, medical malpractice, car accident – often you can request a type of damages known as “pain and suffering.” This is a legal term, spelled out in the Florida Standard Jury Instruction, 501.2, that basically refers to what you had to endure.South Florida injury lawyer

As specifically stated in the jury instruction, these non-economic damages are “any that result from bodily injury sustained by you resulting in pain and suffering disability or physical impairment, disfigurement, mental anguish, inconvenience or loss of capacity for the enjoyment of life experienced in the past or to be experienced in the future.”

Unlike economic damages, which are things like medical bills, lost wages or expenses incurred as a result of your injuries, pain and suffering damages aren’t easily tallied with bills, records or receipts. These are damages you must demonstrate with your own personal testimony, testimony from your loved ones, photographs, vidoes and details about your life both before and after the injury. Jurors are more likely to award economic damages, but establishing non-economic damages can be trickier.

A number of recent Florida boating accidents have been reported across the state, many of those young people on spring break.Florida boating accidents

Among those reported:

  • The death of a 19-year-old college freshman in a single-vessel Florida boating accident while on spring break in Sarasota.
  • The death of a 21-year-old Florida A&M University student who was in a pontoon boat with 10 others off the coast of Panama City. The young man jumped into into the water to help someone else who was in distress, but later lost his life as well. He was a senior business administration student and a member of the Army ROTC.
  • The death of an 83-year-old boater from New York who was killed while fishing when another boat on autopilot struck his vessel in the Florida Keys. Those aboard the other boat were also from New York.

As our South Florida boating accident lawyers can explain, Florida has – by far – the most reported boating accidents of any state in the country. Last year, the Florida Fish & Wildlife Conservation Commission (FWC) reported more than 720 boating accidents. Among those, there were 66 deaths. California, the state with the second-highest number of boating accidents, tallied 350 with 50 deaths. Continue reading

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