Personal Injury

How Much Time Do I Have to File My South Florida Personal Injury Lawsuit?

February 27, 2021 | by David J. Halberg, Esq.

Almost all legal actions in Florida are subject to a statute of limitations. This is a narrow window of time during which a case must be filed. In civil litigation, victims (not prosecutors) are responsible for pursuing claims. South Florida injury lawyer

There is no law that automatically requires people responsible for causing harm to compensate you for it. However, they (or their insurers) can be compelled to pay with a civil claim or lawsuit. But you don’t have unlimited time to do this. Depending on the circumstances, that narrow window of opportunity may be fast closing.

Even if you think you still have a decent amount of time, your legal team may need every spare moment to investigate and build your case. Doing so could even help avoid a drawn-out legal battle. Often, strong cases settle sooner because insurers and defendants know it isn’t worth a protracted fight. Continue reading

Tool Rental Injury Lawsuit Against Hardware Store May Proceed

February 12, 2021 | by David J. Halberg, Esq.

Do-it-yourself projects and repairs are common when you have the basic skills and would rather not pay a professional service fee. Still, very few of us have all the equipment and tools we need to get every job done. But some of these tools are expensive, and you don’t need them but maybe a few times. This is why many home improvement stores (Home Depot, Lowe’s Home Improvement, U-Haul, etc.) here in West Palm Beach offer tool and equipment rentals.
tool rental injury lawsuit

Some examples of tool, equipment or special event items that may be rented for single-use or short-term use include: Bucket lifts, floor cleaners, floor strippers, saws, backhoes, scissor lifts, forklifts, air compressors, tree-trimming equipment, scaffolding equipment, wallpaper steamers, stump grinders, generators, drills & drivers, pressure watches, hitches, trailers, tents, flooring/staging, inflatables, tables/chairs, tents, food equipment (popcorn machines, cotton candy machines, grills, etc.) and more.

Consumers rely on these companies to provide them with tools and machines that are safe for use. If those products prove defective, the consequences can be serious, including broken bones, abrasions, lacerations, spinal cord injuries, electrocution, head injuries, amputation, etc. In these instances, it may be possible for the injured to hold the rental store as well as the product manufacturer liable for those damages.

In such circumstances, it is imperative to speak with a Florida personal injury lawyer to weigh your legal options.

Recently, a federal appeals court ruled that a broad liability release in a rental agreement signed by a Home Depot customer doesn’t make the store immune from claims that a defective machine rental cost a man his finger. Continue reading

Understanding Comparative Negligence in Florida Injury Lawsuits

January 30, 2021 | by David J. Halberg, Esq.

You are driving down Clematis Street in West Palm Beach after work. You glance down to briefly look at your phone and respond to a text. Out of nowhere, a drunk driver veers into your lane from the opposing direction. You suffer serious and lasting physical injuries as a result of the car accident. Florida comparative negligence

Does the fact that you were texting and driving mean you can’t pursue damages from the drunk driver?

In Florida, the answer is “no.” The reason is because of Florida’s adherence to the negligence standard of pure comparative fault.

What does that really mean?

As our West Palm Beach injury lawyers can explain, per F.S. 768.81, it means that whatever percentage you were negligent, your financial recovery will be reduced by that amount.

So let’s take the above hypothetical car crash scenario. If you filed a personal injury lawsuit and the jury found you 25 percent negligent for the crash because you were texting and driving, your total damages would be reduced by 25 percent. So let’s say the court decided the case at your favor and determined you incurred $200,000 in damages. The drunk driver was 75 percent at fault. Your total damage award would be reduced by $50,000 (25 percent), so the most you would receive is $150,000. Continue reading

5 New Year’s Safety Tips From Our South Florida Injury Lawyers

December 20, 2020 | by David J. Halberg, Esq.

New Year’s celebrations are all about new beginnings – and many this year are especially eager to start the next chapter! South Florida injury lawyer

To help ensure 2021 starts on a bright note, our West Palm Beach injury lawyers are offering 5 Tips on New Year’s Eve Safety. This list is gleaned from our years of observing the top causes of preventable injuries in South Florida around this holiday. Continue reading

Why a South Florida Injury Lawyer May Decline Your Case

December 8, 2020 | by David J. Halberg, Esq.

It’s a good idea to interview at least a couple different South Florida injury lawyers before deciding which to hire to handle your claim. But just as you are considering which attorney to hire, he or she is also considering your case potential. If your case is declined by one lawyer, ask why and don’t hesitate to get a second opinion. Most offer free initial consultations. South Florida injury lawyer

That said, there are several reasons why an attorney may decline to accept your case – and it may have more to do with them than the viability of your claim.

Here, our West Palm Beach injury lawyers explain a few reasons why an attorney may turn down your case. Continue reading

Florida Dangerous Instrumentality Doctrine in Car Accident Cases

November 5, 2020 | by David J. Halberg, Esq.

If you’re thinking of allowing someone to borrow your car, you may want to think twice. Florida’s longstanding dangerous instrumentality doctrine allows vehicle owners to be held vicariously liable for the negligent actions of those permitted to operate their vehicle. It can even apply to Florida vehicle owners when crashes occur in other states (more on that later). Palm Beach car accident lawyer

The dangerous instrumentality doctrine holds that an owner of an inherently dangerous tool can be legally responsible for any injuries that result from operation of that tool. Most people don’t consider cars to be “tools,” but they were established as such by the Florida Supreme Court in the 1920 decision of Southern Cotton Oil v. Anderson. The effect of that ruling was that vehicle owners could be subject to strict vicarious liability, meaning that basically the owner – and everyone whose name is listed on the title – could be held financially responsible for a crash as if they themselves were in the driver’s seat. Continue reading

What Exactly Are Pain and Suffering Damages in Florida Injury Lawsuits?

September 30, 2020 | by David J. Halberg, Esq.

The phrase “pain and suffering” is familiar to many people even outside the legal sphere, but it’s not as well understood. It does not mean anyone is entitled to money just because they were hurt. It also not a catch-all for every loss. As it pertains to Florida injury lawsuits, pain and suffering is a broad term, but technically speaking covers the general, non-economic damages associated with the physical and emotional distress of an injury caused by someone else’s negligence. pain and suffering in Florida injury lawsuits

Although it’s something of an abstract concept, a person who claims pain and suffering can receive cold, hard cash for the carelessness or wrongdoing that led to injury. Legally, it can be tough to establish because it’s not just the pain of a physical injury, but the mental and emotional anguish that accompanies it. Having a South Florida injury lawyer who can help accurately assess your pain and suffering damages and convey those to decision-makers can be pivotal in ensuring you receive fair compensation. Continue reading

5 Things to Know Before Filing a Florida Injury Lawsuit

August 5, 2020 | by David J. Halberg, Esq.

Most people who file a Florida injury lawsuit are brand new to the process. They may have never given the notion a second thought – until something happened to them. Our West Palm Beach injury lawyers understand the prospect can feel overwhelming. Our goal as trusted civil trial lawyers is not only to fight for a fair resolution to your claim, but also to guide you through every step as painlessly as possible.

Although every civil injury lawsuit is different, there are a few frequently asked questions and common issues that arise early on.

Here, we’re offering the first five things to know before filing a Florida injury lawsuit. Continue reading

Examining Liability in South Florida Scooter Accidents

July 28, 2020 | by David J. Halberg, Esq.

Earlier this year, some 750 Revel scooters were introduced to the streets of Miami after the company won a shared moped program bid solicited by the Miami Parking Authority. Now, the New York-based vehicle share company, which operates in several other major cities, has been hit with multiple lawsuits and recently announced it was suspended New York City operations until further notice following a string of serious injuries and deaths in scooter accidents. South Florida injury lawyer

The New York Times reports the change came after the second fatal scooter accident in as many weeks. One of those incidents involved a 32-year-old man killed when his scooter crashed into a light pole. Less than two weeks earlier, a 26-year-old reporter was killed while riding as a passenger after she was tossed from the scooter when the driver suddenly swerved.

The electric-powered blue scooters, which require a driver’s license to operate but no training to rent, are largely viewed as a fun, fuel efficient alternative to ride share services, taxis and public transportation – particularly attractive in urban areas at a time when the importance of social distancing is stressed. Riders must be at least 21-years-old and are required by company policy to wear a helmet. The company has been operating in New York City since last spring, and is now the subject of at least 12 personal injury lawsuits related to scooter crash injuries and reported scooter malfunctions. One emergency room doctor quoted by the Times said she’d treated as many as eight scooter crash victims in a single shift. Continue reading

How Long Will My Florida Personal Injury Lawsuit Take?

July 6, 2020 | by David J. Halberg, Esq.

One question our West Palm Beach injury attorneys often field from prospective clients is, “How long will my Florida personal injury lawsuit take?” The only accurate way to answer that question is the one people least like to hear: It depends. Florida injury lawsuit

The timing depends on a long list of factors, including:

The type of claim (car accident, slip-and-fall, sexual assault, medical malpractice, etc.).
The strength of your claim (available evidence you have to prove it).
The severity of your injuries and length of recovery time.
How many defendants are involved.
The defendant’s willingness to settle or resolve to fight.
The skill of your civil injury lawyer.

Of course, it may be possible to settle a case for quickly, but it’s important not to do so for an unreasonably low sum. Reaching a fair settlement can take some patience. A trial will inevitably take longer – sometimes years – but that isn’t how most Florida injury claims are resolved. Even those cases that do go to trial often are about either liability or damages, but not both. The more issues that can be resolved prior to trial, the faster the case may conclude.

The statute of limitations on most Florida personal injury claims is four years, per F.S. 95.11. That means you have four years from the cause of action (time you were injured) in which to file your claim. However, if your injury claim involves medical malpractice, you only have two years (except in some rare circumstances). It’s also two years if you are filing a claim for wrongful death.