Personal Injury

What You Should Know About South Florida Premises Liability Claims

June 25, 2021 | by David J. Halberg, Esq.

Whether we’re talking about a slip-and-fall, dog bite, or amusement park injury, getting hurt on someone else’s property isn’t something for which people plan. It is, however, something certain property owners in Florida have a legal responsibility to anticipate and prepare for to some extent. South Florida injury lawyer

When they fail to do so and you’re hurt, you can pursue something called a premises liability claim.

It’s important if you’re injured to get prompt medical attention, document the scene and the injury and consult with an experienced West Palm Beach injury attorney before making any major decisions or moves.

What is Premises Liability?

A premises liability lawsuit is a means to hold a property owner responsible for damages that arise from injury on the defendant’s property. In Florida, owners (and sometimes certain occupants) of a property are required to make a reasonable effort to maintain it to ensure it’s reasonably safe for lawful visitors. Failure to do so opens defendants to premises liability claims.

Some situations that may give rise to a Florida premises liability claim may include:

Slip-and-fall injuries.
Animal or dog bites.
Inadequate security.
Drowning or swimming pool injury.
Dangerous conditions for children (attractive nuisance).

Florida’s No-Fault Car Insurance Law May Be Steering Toward an Exit

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

Florida lawmakers want to put the brakes on the state’s decades-old no-fault car insurance law. Both the state Senate and House passed a measure that would repeal the seventies-era statute requiring personal injury protection (PIP) coverage in favor of a system that would instead require all drivers to carry bodily injury liability coverage. West Palm Beach car accident lawyer

Our West Palm Beach car accident attorneys know the decision, which is now in Gov. Ron DeSantis’ court, could have a significant impact in the way we pursue damages in Florida car accident cases.

This state is one of only a handful remaining that uses the no-fault system of car insurance. As it stands, all vehicle owners are required per F.S. 627.736 to purchase PIP, which offers up to $10,000 in medical expense and wage loss reimbursements per crash and $5,000 for funeral expenses, regardless of fault. Those figures have stayed the same since 1979 (seven years after the law first went into effect), failing to keep a realistic pace with current medical expenses and other costs. Further, a more recent update to the law caps the recovery amount to $2,500 if the injuries don’t require emergency treatment. Continue reading

Palm Beach Injury Lawyers on Attorney-Client Privilege: Definitions, Limitations & Protections

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

If you’re considering hiring a personal injury lawyer in Florida, understanding the basics of attorney-client privilege is important. Your lawyer, or even one with whom you are consulting to possibly hire, is legally obligated to keep conversations about your case private. However, to ensure privacy is maintained, it’s necessary to know when and how to communicate and what kind of communications might not be shielded. Palm Beach injury lawyers

Privileged communication is a legal principle applicable in both civil and criminal cases. It involves interactions between two parties that the law deems protected because of the relationship between the two. Whatever is said or otherwise communicated between them is confidential, and neither can’t be forced or compelled to share it with anyone – including the courts or law enforcement.

Privileged relationships recognized by the law include:

Attorney-client
Doctor-patient
Therapist-patient
Clergy-congregant
Accountant-client
Spouses
Reporters (only applicable in some states and in some situations)

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