Palm Beach injury attorney

West Palm Beach Personal Injury Lawyers on How Pre-Existing Conditions Can Impact Your Case

June 10, 2024 | by David J. Halberg, Esq.

Every year, about 50 million Americans visit hospital emergency rooms and doctor’s offices to treat unintentional injuries. About 6% of all adults in the U.S. suffer an activity-limiting injury every 3 months. So it’s more common than many people realize for one who has already been injured to endure another that exacerbates the first. Palm Beach injury lawyer

Such prior injuries can complicate matters if you decide to pursue legal action for those injuries – but it does not eliminate your chances, particularly if you’re working with skilled West Palm Beach personal injury lawyers.

When Prior Injuries Pose Problems in Personal Injury Cases

Sometimes prior injuries and ailments have no bearing on a prospective personal injury case. For example, if the prior injury was a shoulder rotator cuff issue from repetitive motion at work but the new injury mostly impacted your knee, leg, and foot, it may not be an issue at all. It could be mentioned, but likely will have little bearing on the outcome of your case.

However, if the new injury is in the same area as the old one, your West Palm Beach personal injury lawyers will be asking the extent to which the new injury made the old one worse. Continue reading

Will My Palm Beach Car Accident Case Go To Trial?

May 4, 2024 | by David J. Halberg, Esq.

Most Palm Beach car accident injury claims do not go to trial. Palm Beach car accident lawyer

Of course, every case is different. If your Palm Beach car accident lawyer has taken the step of filing a personal injury lawsuit on your behalf, there’s always a chance it will wind up before a jury. But even then, it’s unlikely.

Most Florida car accident cases are actually resolved without the need for litigation (filing a lawsuit) at all. Hiring a South Florida personal injury lawyer doesn’t make the prospect of a lawsuit or trial any more likely. Actually, we may be able to minimize the chance of a courtroom confrontation because we’re adept at negotiating effectively with insurance companies to fight for fair outcomes for our clients. Often the sooner we are brought onto a car accident case, the better the odds we can resolve it without going to court.

Still, we approach every case as if that’s a possibility. From the very outset, we’re meticulous in our investigation, evidence-gathering, researching, interviewing eyewitnesses and consulting with expert witnesses. We’re never bluffing to insurers about our preparedness to escalate to the next level if necessary. But trial is not a common – or even preferable – outcome for most parties involved, usually. If we can settle car accident claims fairly without filing a lawsuit – and especially without going to trial – that’s typically our aim.

Why Palm Beach Car Accident Cases So Rarely Make it to Trial

Some of the reasons why your Palm Beach car accident case is unlikely to go before a judge and jury: Continue reading

Hiring a Palm Beach Injury Lawyer Key to Full & Fair Crash Compensation

September 5, 2023 | by David J. Halberg, Esq.

In the aftermath of a Southeast Florida car accident, there’s no requirement that you MUST hire a Palm Beach personal injury lawyer with a claim for damages. But there is strong statistical evidence that doing so will significantly improve your odds of prevailing with full and fair damages. Palm Beach injury lawyer

One analysis published by the Insurance Research Council a few years ago revealed lawyer-represented crash victims received damage awards that were on average 3.5 times higher compared to those who didn’t hire a lawyer.

This supports much of the previously-established data on this issue.

In a 2010 empirical evidence study published in the peer-reviewed Seattle Journal for Social Justice, researchers conducted meta analysis of other studies dating back decades on how access to a lawyer impacts the outcomes of civil cases – including personal injury claims. What they found was:

In every study reviewed, “lawyered-up” claimants were far more likely to win. (Exactly how much more likely varied from study-to-study, with most ranging somewhere from 20 percent higher to 4 times higher.) Part of this might be explained by the fact that civil lawyers tend to take on more meritorious cases. But then again, that’s one of the many benefits you get with hiring a Palm Beach injury lawyer: Confidence that you aren’t wasting your time because you’ve got a case worth pursuing.
To minimize the influence of the merit-based argument, another study involved civil lawyers providing their services at random to a group of sample litigants. The outcomes in their cases were then compared to those of similarly-situated (but non-represented) litigants. Those who had lawyers were 4.4 times more likely to win than those who represented themselves.
Another analysis concluded that in higher complexity civil cases (including serious personal injuries, medical malpractice, and wrongful death), plaintiffs represented by attorneys were 40 percent more likely to win.

Why Does Hiring a Palm Beach Injury Lawyer Make Such a Difference?

Some of the researchers’ theories about why hiring a lawyer makes such a difference in case outcomes: Continue reading

$8 Million Florida Slip-and-Fall Verdict for Fast Food Patron

June 24, 2023 | by David J. Halberg, Esq.

Florida slip-and-fall lawsuits are not easy to win – especially since the state modified F.S. 768.0755, requiring plaintiffs to prove actual or constructive knowledge of the dangerous condition that led to the accident. But as a recent $8 million Florida slip-and-fall verdict proves, prevailing isn’t impossible. Florida slip-and-fall lawyer Palm Beach

According to media reports, the 48-year-old patron was in the bathroom at the rear of a Hollywood fast food restaurant in 2019 when he slipped and fell on a wet, foreign substance on the floor. The fall caused him to suffer serious injuries to his back, which required surgery. Then after undergoing surgery, he suffered a colon perforation. Not only were his medical bills sky-high, but he was forced to leave the workforce, walking away from a career that had been a major part of his personal identity.

He was awarded $7.8 million in damages, which includes compensation for medical expenses and lost earnings. The defendant in the case, a franchise owner, has filed a motion for a new trial, alleging there was no real evidence that the management team at the restaurant had been told or should have known about the slippery conditions on the bathroom floor.

What Exactly Must Be Proven in a Florida Slip-and-Fall Case?

In order to win a Florida slip-and-fall lawsuit, the person who is injured (or their surviving loved ones) must establish: 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

Thanksgiving Safety Tips From Our South Florida Injury Lawyers

November 19, 2021 | by David J. Halberg, Esq.

Thanksgiving is all about gathering and good eats. Lots of folks are especially excited about this year’s festivities, as pandemic-related restrictions have increasingly eased. However, many holiday safety concerns persist year after year. Palm Beach injury lawyer

As longtime South Florida injury lawyers, the cases we handle almost all involve preventable injuries resulting from the failure of someone else to use reasonable care – not necessarily because they meant to cause harm, but simply because they weren’t careful. If at all possible, we want people to avoid associating joyful holidays like Thanksgiving with sadness or regret. That’s why we urge everyone to take a few minutes to ensure they’re being as safe as possible – behind the wheel, in front of the stove, through the stores, and at the table.

Driving Dangers on Thanksgiving

OBGYNs Have Higher Rates of Florida Medical Malpractice Claims Than Other Doctors

October 22, 2021 | by David J. Halberg, Esq.

A recent expose by reporters at The Palm Beach Post detailed the many alleged medical mistakes and lawsuits peppered throughout the 30-year career of a Palm Beach OB-GYN who retained his medical license until only recently. The watchdog reporting raises questions not only about how he was able to continue practicing with his track record, but also why obstetrics and gynecology specialists have higher rates of medical malpractice claims compared to other medical experts. Palm Beach medical malpractice lawyer

According to a survey of more than 4,000 physicians by Medscape, nearly 60 percent had been involved in one or more medical malpractice lawsuits during their career. For OB-GYN practitioners specializing in women’s health, that rate was 83 percent. On average, OB-GYN practitioners are involved in 2 to 3 medical malpractice claims over the course of their careers.

The OB-GYN featured in the Post article was reportedly:

Linked to at least 14 serious injuries of women and children, including six deaths.
Named in four disciplinary cases.
Named as a defendant in nine medical malpractice lawsuits.

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