Palm Beach personal injury lawyer

Understanding Evidence Spoliation When Filing Palm Beach Injury Lawsuit

September 30, 2023 | by David J. Halberg, Esq.

In a Florida criminal case, if you intentionally destroy/tamper with evidence, it can be a third-degree felony. But what if it’s a civil case? Palm Beach injury lawyer evidence

Anyone who files a Palm Beach injury lawsuit will soon come to understand the pivotal role of evidence. A fact can be 100 percent true, but virtually meaningless without concrete proof. More weight will always be given to assertions supported by strong evidence, as opposed to one side’s word versus another’s.

If evidence central to a civil case is destroyed, it’s called spoliation, and it doesn’t even have to be intentional for the court to impose sanctions. As for the exact penalty, the consequences depend on:

Who had control of the evidence.
Whether the possessor/controller was a party to the civil case and in some way benefited from its loss.
The extent to which the loss of that evidence prejudiced the other side in its ability to prove/disprove pivotal facts.
If the person/organization was a non-party to the case, whether they owed the duty – by contract, statute, or timely-served preservation/discovery request – to preserve the evidence.

Since the 1980s, Florida courts have repeatedly held that when physical evidence is lost, misplaced, destroyed, or otherwise made not available AND it fundamentally prejudices the other side’s chance to pursue/defend a claim, courts have the authority (and broad discretion) to impose sanctions. These can include:

The legal presumption that key facts pertaining to that evidence would have benefitted the other side.
Dismissal of the claim (when the plaintiff is the spoliator).
Granting default judgment in favor of the party prejudiced by the loss of that evidence.

Types of Spoliation in Palm Beach Injury Lawsuits

There are two basic types of spoliation: First-party and third-party. Continue reading

“How Much is My South Florida Injury Case Worth?” Palm Beach Personal Injury Lawyers Offer Insight

May 30, 2023 | by David J. Halberg, Esq.

“How much is my Florida injury case worth?” Palm Beach personal injury lawyer

It is probably one of the top three questions our Palm Beach personal injury lawyers get asked right off the bat – and it’s not always a simple thing to answer.

As experienced civil trial lawyers, we can typically provide a general ballpark estimate of case value based on certain elements we’ll want to explore as soon as we start investigating. That said, it’s only an estimate, and there’s a lot of room for that figure to fluctuate higher or lower depending on what’s revealed during the discovery phase.

But here are some of the basic aspects we investigate before giving a cursory answer to that question: Continue reading

Florida Car Accident Defective Seat Belt Claim Against Manufacturer Fails Timeliness Test

April 10, 2023 | by David J. Halberg, Esq.

When it comes to defective or dangerous products – including cars and their parts – the State of Florida gives claimants 12 years from the delivery of the product to its first purchaser in which to file a claim for harm caused by that product. Palm Beach personal injury lawyer

That might sound like a lot of time, but consider that more than 1 in 5 cars and trucks driven in the U.S. are 16+ years-old. That means right now, if you’re driving a 2011 or older model car, it might be too late for any product liability claims – in Florida at least.

The one exception would be, as noted in 95.031(2)(b), if the manufacturer – through its officers, directors, partners, or managing agents had actual knowledge that the product was defective in the manner alleged by the claimant AND took affirmative steps to conceal this defect. Confidentiality of trade secrets don’t count. In those cases, the statute of limitations can be “tolled” – or paused – for the time period of the fraud/coverup.

As our Palm Beach personal injury lawyers can explain, this is an important exception particularly for those taking action against auto manufacturers because these companies have been collectively fined billions of dollars over the last decade for doing just that. General Motors was fined $900 million in 2015 for concealing dangerous car defects. Toyota was fined $1.3 billion for a deadly cover-up over two safety issues that led to unintended acceleration. Ten of the world’s biggest automakers were sued in 2015 for allegedly concealing the risks of carbon monoxide poisoning in some 5 million cars equipped with keyless ignitions, which ultimately led to 5 deaths. The list goes on – defective airbags, defective seat belts, defective doors, defective engines… And much of it covered up from the public and government regulators, sometimes for decades.

However, as a recent Florida car accident case over an allegedly defective seat belt showed, proving actual knowledge isn’t necessarily a cakewalk. It may come down to who exactly in the organization knew what – and when. Continue reading

Big Changes to Law Will Impact Florida Personal Injury Lawsuit Claimants

April 3, 2023 | by David J. Halberg, Esq.

Major changes to state law are going to significantly impact Florida personal injury lawsuit claimants – most of them adversely. Palm Beach personal injury lawyer

Among the provisions in the new law signed by Gov. Ron DeSantis on March 24, 2023:

A shortened statute of limitations in personal injury cases, from four years to file down to two years.
A less favorable comparative fault standard, going from a pure comparative fault standard to one that includes a 51 percent bar.
Elimination of bad faith insurers’ duty to pay plaintiff attorneys’ fees except in very limited circumstances.
Significant reductions in damage awards for defendants in negligent security actions.

For all the accusations of “slick trial lawyers” and “frivolous lawsuits” that were used to justify these actions, the reality is that it’s never been a simple thing to file – or succeed – in a Florida personal injury lawsuit. Not to say it’s impossible, but it does require a fact pattern with strong evidence that supports a conclusion of the defendant’s liability. These provisions were heralded as helping Florida rise above the “judicial hellhole” that it had become. But the reality is it’s going to make it harder for people with legitimate claims to file, win, and collect the full scope of damages to which they’re entitled. It’s certainly a boon for the insurance companies, though.

With respect to the shortened statute of limitations, this is problematic for a few reasons. One is that while four years seems like a long time, complex personal injury lawsuits take a lot of time to thoroughly investigate. Furthermore, one of the reasons for a four-year limit is that settlement negotiations (the way 95 percent of personal injury cases are resolved) can go back and forth for many months or even years. By shortening the statute of limitations, we’re likely to see a glut of personal injury lawsuits filed (within a court system that’s already overwhelmed) so that plaintiffs can ensure their claim is preserved. Settlement negotiations can still continue after a lawsuit is filed (up to and even well into the trial) – but a shorter statute of limitations means more plaintiffs will pursue litigation just so that they don’t lose the option if too much time passes.

Next up is the altered comparative fault standard. This is a big one, and it’s going to impact most personal injury plaintiffs in a negative way. Continue reading

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

“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

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.

Palm Beach Personal Injury Lawsuit: Better to Settle or Go to Court?

September 29, 2021 | by David J. Halberg, Esq.

The vast majority of Florida personal injury lawsuits – whether they stem from car accidents, slip-and-falls, medical malpractice, or product liability – will be settled before they go to trial. This is because trials are expensive, arduous, drawn-out affairs that are a gamble for both sides. That doesn’t mean it’s always a good idea to settle and never a good idea to go to court. However, it does mean that you should be in regular communication with your lawyer, carefully weighing all the options on the table in your Palm Beach personal injury lawsuit.

Understanding what recourse you have, the viability and value of your claim, is essential to making wise decisions. To do that, you must have an experienced personal injury lawyer – one who is prepared and capable of taking your case to trial if it comes down to it.

The primary reason to take a case to trial instead of settle is when the defendant and/or insurer refuses to pay fair compensation for your losses. Continue reading