Personal Injury

Do I Really Need a Palm Beach Injury Lawyer, Or Can I Manage Myself?

February 25, 2023 | by David J. Halberg, Esq.

One of the questions people ask themselves after an accident is whether they truly need to hire an injury lawyer or if they can get by filing the claim on their own. Palm Beach injury lawyer

First thought that comes to our minds is the old adage about how you could probably pull your own tooth if you had to – but wouldn’t you rather a dentist do it?

Of course, some of it depends on the severity of the situation. Are we talking a baby tooth or a root canal?

Still, we know the lines are somewhat ambiguous as to when it’s a good idea to hire an injury lawyer, when you may be fine to wing it, and when your case is pretty much doomed if you don’t have one.

The good news is that most South Florida injury lawyers provide free initial consultations. This can go a long way in helping you make an informed choice about whether a case is worth pursuing and if you need a professional legal advocate’s help. Sometimes it doesn’t hurt to talk to a couple of different lawyers at the outset, just to get a few different perspectives on the basics of your case viability, value, and difficulty level.

In addition to injury severity, other factors pertinent to deciding whether it’s wise to hire a Palm Beach injury lawyer: Continue reading

Understanding the Florida Personal Injury Lawsuit Statute of Limitations

December 27, 2022 | by David J. Halberg, Esq.

When it comes to filing a Florida personal injury lawsuit, the “when” sometimes matters just as much as the “what.” That’s because with very few exceptions, there are strict time limits – known as the “statute of limitations” – in which claims can be filed. Florida injury lawsuit statute of limitations

If the events that gave rise to a claim occurred too long ago, we say that the case is “time-barred.” In Florida, time limits on filing a personal injury lawsuit are outlined in F.S. 95.11. The time window for filing a lawsuit may be longer or shorter depending on the:

Type of tort claim. Most Florida personal injury claims (those involving bodily injury resulting from some type of accident) have a 4-year statute of limitations. However, claims for medical malpractice and wrongful death must be filed within 2 years. In some instances, an administrative notice of intent to file a claim might be required much sooner. Florida civil claims for sexual abuse have a 4-year statute of limitations, though the clock doesn’t begin ticking until the last alleged incident of abuse.

What Happens in a Florida Personal Injury Lawsuit if the Defendant Dies?

December 8, 2022 | by David J. Halberg, Esq.

Anyone who’s ever filed a Florida personal injury lawsuit probably understands the unpredictability of life – and death – better than most. But what happens when the defendant in your pending personal injury lawsuit dies suddenly? In short, it will inevitably impact the case, but the claim doesn’t die with them. That said, there are certain steps you may need to take to preserve your claim. Florida personal injury lawsuit

Florida’s survival statute, F.S. 46.201, states that no cause of action (the reason for the lawsuit) dies with the person. Lawsuits can be initiated, prosecuted, and defended in the name of the person who has died. In other words, if the defendant in your Florida personal injury lawsuit dies while the case is pending, you can continue to pursue the claim against their estate. Further, if you have a valid cause of action but haven’t yet filed your lawsuit by the time the would-be defendant dies, can still pursue that case against the defendant’s estate – assuming the statute of limitations hasn’t expired.

What if the situation is reversed, and it’s the plaintiff who dies? Personal injury lawsuits aren’t extinguished because a plaintiff dies. The decedent’s personal representative would have to take over the case. From there, the only thing that really changes is the type and amount of damages that can be recovered. For example, damages for future medical expenses, lost wages, and mental anguish are no longer on the table if the plaintiff is dead.

Additionally, per F.S. 733.104(1), if a potential plaintiff had grounds to file a civil injury lawsuit but died before they could do so, the personal representative of their estate can initiate the claim, so long as they do so either before the statute of limitations runs out OR within 12 months of the decedent’s death – whichever is longer. In some cases, because it can take months for a personal representative to even be appointed, personal injury claims can also be commenced by either a curator or an administrator ad litem. The absence of a known personal representative is not a valid excuse for not filing a timely motion to substitute.

All this said, our Palm Beach personal injury lawyers must stress that if any party to a lawsuit dies, it is imperative to take proper steps to preserve the claim. Continue reading

5 Signs You Have a Strong Florida Personal Injury Claim

November 25, 2022 | by David J. Halberg, Esq.

If you’re considering legal action following a Florida personal injury, one of the first things to figure out is: “Do I have a case?” Palm Beach personal injury lawyer

This sometimes ends up being a more complex question than you might think. Among the reasons would-be Florida injury claims falter:

Not every wrongdoing or injury can be remedied with legal action.

“Can I Be Sued if Someone Else Wrecks My Car in South Florida?”

August 20, 2022 | by David J. Halberg, Esq.

As Palm Beach personal injury lawyers, our clients are those who have been impacted by the negligence or wrongdoing of others. However, we have occasionally heard of incredulous third-party defendants who wonder how they could possibly be held liable for someone else’s misdeeds. But there are quite a few instances in Florida injury law wherein statute allows for vicarious and third-party liability. Car accident cases may be among these. West Palm Beach injury lawyer

In general, there are three ways third parties can be liable for Florida car accidents:

Drunk driving accidents. In drunk driving accidents, third parties, such as bars or social hosts, can be held legally responsible per F.S. 768.125, if they either served alcohol to the impaired driver prior to the crash – knowing they were either under the age of 21 or habitually addicted to alcohol. This is called “dram shop liability.”
Employers of negligent drivers. If a tow truck driver is on the job and runs a red light, crashing into another car and causing serious injuries, the tow truck driver’s employer may be held liable – even if the company technically did nothing wrong. Employers can be held vicariously liable for the negligence of their employees if the workers were acting in the course and scope of employment at the time of the incident. This is based on a legal doctrine called respondeat superior, which is Latin for “let the master answer.”
Vehicle owners. This is where we sometimes hear the question, “Can I be sued in South Florida if someone else wrecks my car?” And the answer is: Yes. Florida is a little unique in this because of its recognition of the dangerous instrumentality doctrine. Basically, it was established in the 1920s by the Florida Supreme Court that motor vehicles are recognized as inherently dangerous instruments. As such, if you own one and you allow someone to use it (with express or implied permission) and that person goes on to operate it in a way that is negligent and causes harm to others, YOU can be held legally responsible. This is another example of vicarious liability for someone else’s negligence. However, it only applies if you have given that driver permission. If someone steals your car and then wrecks it, you would not be vicariously liable in that instance.

Sometimes, vehicle owners can be found directly negligent too – even if they weren’t operating the vehicle. As our Palm Beach personal injury lawyers can explain, there may also be grounds for negligence as well. Continue reading

South Florida E-Scooter Lawsuit Alleges Bird Rides Caused Personal Injury

July 14, 2022 | by David J. Halberg, Esq.

Electric scooters, or e-scooters, have become increasingly popular throughout South Florida, where they were legalized statewide by Gov. Ron DeSantis in 2019. They’re touted in college towns and cities as convenient, cost-effective, and clean. However, as the number of e-scooters has increased, so too have the number of crashes and accidents associated with them. e-scooter injury Florida personal injury lawyer

Data collected from U.S. emergency departments revealed there were nearly 40,000 people hurt nationally while riding e-scooters between 2014 and 2018. Those numbers have only grown along with the pervasiveness of e-scooters. The scooter injury rate in the U.S. rose from 6 per 100,000 to 19 per 100,000, with most injured being between the ages of 18 and 34. Stand up electric scooters have been associated with dozens of deaths over the last few years. The U.S. Consumer Product Safety Commission reports that emergency department visits from e-scooter injuries tripled between 2017 and 2020, the most common injury being to the upper and lower limbs, as well as the head and neck. In Los Angeles, the injury rate for e-scooters has surpassed that of motorcycles (though the injuries overall tend to be somewhat less severe).

Recently in Florida, a South Florida personal injury lawsuit against Bird Rides, an electric scooter rental company, was moved from the state circuit court in Broward County to the federal Florida Southern District Court, citing the foreign status of the company (headquartered in Delaware) and the amount of damages being sought (more than $75,000). Plaintiff in Bronson v. Bird Rides alleges he suffered severe injuries that are permanent or continuing in nature. We don’t know many further details about the alleged incident, other than that the injuries are alleged to have occurred when the plaintiff fell off the scooter he was riding in Palm Beach, and that he claims the injuries were caused by the scooter company’s negligence.

It may be some time before that case is either settled or goes to trial. In the meantime, numerous other e-scooter injury cases have garnered headlines. Among those: Continue reading

5 Things to Know About Filing a Florida Personal Injury Lawsuit

June 30, 2022 | by David J. Halberg, Esq.

If you’re thinking about filing a South Florida personal injury lawsuit, chances are you’re also still reeling from the incident. Our West Palm Beach injury lawyers recognize that litigation can seem like a daunting prospect. One of our goals is ensuring prospective clients understand the basics of the personal injury law in Florida, and how that might play out in their case. South Florida personal injury lawyer

Here, we outline five key facts Florida personal injury clients should know.

You may not even have to file a lawsuit. A fair percentage of the time, your lawyer may be able to resolve the matter by filing a personal injury claim directly with the defendant/insurer and negotiating with them. Everyone knows the costs – and risks – associated with going to court. If it’s at all possible to settle the matter out-of-court, that’s usually in everyone’s best interests. A lawsuit really only needs to be filed when the other party is denying any wrongdoing or refuses to pay fair compensation for your losses. Even if you file a lawsuit, cases rarely make it all the way to trial. They’re either dismissed or settled before it gets to that point. (Most cases settle because, as injury lawyers, we work on a contingency fee basis, meaning we aren’t paid unless you win. That gives your lawyer strong incentive to shoot straight about your odds at the outset.) Often, when a case does make it to trial, it’s only one or two issues of contention. Of course, those issues may be substantial and still require significant research, expert analysis, and time, but it’s better where possible to narrow down issues of contention to as few points as possible.

Fatal Florida Parasailing Accident Calls Liability Waivers Into Question

June 14, 2022 | by David J. Halberg, Esq.

A fatal Florida parasailing accident involving a vacationer in the Florida Keys has raised questions about the enforceability of liability waivers. Florida parasailing injury lawyer

Liability waivers are standard operating procedure for companies that offer inherently risky excursions and activities, including those that rent out/offer charter boats, parasailing, wakeboarding/tubing, jet skis, scuba diving, sky diving, etc.

But as our Palm Beach injury lawyers can explain, although Florida courts have upheld the viability of these waivers, they aren’t necessarily a catch-all for every scenario. There are situations where a liability waiver can be successfully challenged. This is particularly true when gross negligence is at issue. Gross negligence is a lack of care that is so egregious, it demonstrates reckless disregard for the safety or lives of others. It amounts to a conscious violation of other people’s right to safety.

In the most recent case, a 33-year-old Illinois woman died Memorial Day weekend while parasailing with her two kids. Police reported the boat’s captain cut the cable that tethered the woman and her kids to the boat. They plunged into the water, and then were dragged along the surface until they slammed into a bridge. The mother died and her two kids were injured.

For legal experts specializing in catastrophic injury cases, there is a strong argument to be made that people who do not know how parasails are operated shouldn’t be compelled to sign waivers of liability allowing parasailing companies to profit handsomely from these ventures while evading responsibility for skirting basic safety measures. In terms of legal enforceability, much of it is going to come down to the exact language in the waiver and the details of what happened. There’s also still an open question about whether a parent can waive a child’s rights in a liability waiver.

Are There Florida Parasailing Safety Laws?

There are safety laws in Florida that pertain specifically to parasailing – and they came about after several previous tragedies.

The White-Miskell Act, named after two tourists who died in Florida parasailing accidents, requires: Continue reading

South Florida Personal Injury Lawsuit Proof Burdens, Explained

May 12, 2022 | by David J. Halberg, Esq.

The process of pursuing a South Florida personal injury lawsuit can seem convoluted. If your injuries are serious, you really should be working with a dedicated personal injury attorney to help guide you through the steps and ensure you aren’t being taken advantage of by other stakeholders. In any case, having a base knowledge of the legal jargon you’re likely to encounter is important. One phrase you may hear frequently is “burden of proof.” South Florida injury lawyer

What is a Proof Burden?

The burden of proof is, at its core, a responsibility. It refers to the legal requirement that determines the viability of a claim based on the factual evidence produced.

A proof burden is indicative of both production AND persuasion. In other words, it identifies who bears the greater responsibility to produce the evidence, as well as the minimum standard one must meet in order for the court to consider a fact (or set of facts) to be legally proven. The difficulty of one’s proof burden depends on the type of case.

In criminal defense cases, the prosecution must prove their allegations of a defendant’s guilt beyond a reasonable doubt. That is recognized as the most stringent proof burden in the legal system. The judge or jury must be convinced there is no other reasonable explanation that can come from the evidence at trial. The intention is for jurors to be virtually certain of the defendant’s guilt before rendering a guilty verdict.

In South Florida personal injury cases (handled in civil court), the plaintiff, or person who experienced the harm at the hands of the other, bears the proof burden. That means they, rather than prosecutors, must establish the truth of their claims, and they must do so by a preponderance of the evidence standard. This requires that the court find there is a greater than 50 percent chance the plaintiff’s claim is true. In tort matters (like injury lawsuits), prevailing will compel the defendant to pay fair compensation. Continue reading

How Often Do West Palm Beach Injury Lawyers Win?

April 26, 2022 | by David J. Halberg, Esq.

If you’re considering hiring a West Palm Beach injury lawyer, one of the primary factors to weigh is the attorney’s track record of success in similar claims. That said, you should know that when personal injury lawyers agree to take on a case – whether it be following a car accident, medical malpractice incident, or some other injury – they’re often successful. There are a few reasons for this. West Palm Beach injury lawyer

First off, not many cases actually go to trial. Of course, movies and television shows may make it appear as if courtroom trials are the norm. They are not. Trials are incredibly taxing – emotionally, financially, and time-wise. They’re also unpredictable, so they can be a risk for both sides. Almost everyone involved, at least at the outset, is usually committed to resolving the matter without going to trial. Sometimes, claims can be settled without even filing a lawsuit. However, a good injury lawyer won’t shy away from proceeding to trial if it’s your best bet. Still, it’s generally considered a last resort when fair resolution through skilled, determined negotiation has failed. (Failure of either side to accept a fair, pre-trial settlement offer from the other can actually have financial consequences, per Florida law.)

Secondly, while no attorney can promise you a favorable outcome, the contingency fee arrangement through which injury lawyers are paid allows you to have greater confidence in the strength of your case. As outlined in F.S. 16.0155, contingency fee arrangements mean that the plaintiff’s attorney is not paid their attorney’s fees unless and until you win. If you are successful, your attorney’s fees are deducted as a pre-agreed-upon portion from the overall damages awarded in a final settlement or verdict.

To be blunt about it, Florida injury lawyers are not likely to take on cases with very long odds of actually winning. But this ends up having several key benefits for injury case claimants. Continue reading