Personal Injury

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.

Report: Kids’ Palm Beach Bicycle Accident Injuries Up Nearly 170%

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

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

Appreciation for our South Florida Health Care Workers, First Responders

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

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.

South Florida Personal Injury Lawyers Continue Serving Clients Remotely

April 1, 2020 | by David J. Halberg, Esq.

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

Should I Settle My South Florida Injury Claim or File a Lawsuit?

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

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

How are Pain and Suffering Damages Calculated?

March 12, 2020 | by David J. Halberg, Esq.

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.