personal injury attorney

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

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

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

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

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

When the Defendant in Your Florida Civil Injury Lawsuit Dies

August 20, 2019 | by David J. Halberg, Esq.

Florida civil lawsuits don’t die just because a defendant does.

This question has been raised repeatedly in recent days following the death of billionaire Florida financier Jeffrey Epstein, suspected of being the central figure in a longtime child sex trafficking ring. He was convicted of solicitation several years ago, received (by all accounts) a “sweetheart deal” from a federal prosecutor who went on to become U.S. Labor Secretary (since resigned) and was facing new criminal charges in New York. He died several weeks ago of an apparent suicide while in custody awaiting trial on the newest charges. injury lawyer

The 66-year-old’s death means that the criminal case against him personally has been dismissed. It does not, however, mean the end of sexual abuse civil lawsuits pending against him by his alleged victims. Most were minors at the time they were allegedly lured into a human trafficking operation that involved the extremely wealthy and powerful.

Now, Epstein’s $580 million estate and its executors have been named defendants in a growing number of civil cases filed by his accusers. Those cases are not closed just because Epstein is dead. Continue reading

Can I Sue if I’m Injured at the Gym in Florida?

May 5, 2019 | by David J. Halberg, Esq.

Injury at South Florida gyms has been climbing as the number of health-fitness clubs and gyms has risen – 4 percent in the last five years, according to IBISWorld market research.Industry-wide revenue topped$2billion this year. gym injury lawsuit Miami

The question of whether one can successfully sue for a gym injury in Florida will depend heavily on how the injury occurred, what assurances of safety were express or implied with your gym patronage, the language of the liability waiver you (most likely) signed and whether third parties were involved.

Because injuries at the gym have the potential to be very serious (with some reported including broken bones, facial fractures, dental injuries, head injuries, neck and spinal cord injuries and more) it’s imperative to discuss your options with an experienced Miami personal injury attorney.

Fitness centers throughout Miami in standalone buildings, shopping plazas, hotels, resorts, spas – even commercial warehouses (primarily Crossfit). Customers pay good money to use the parking facilities, access all the workout equipment, receive one-on-one time with personal trainers, attend various classes and use amenities like lockers, change rooms, showers, pools and steam rooms. Unfortunately, as our personal injury attorneys in Miami are well aware, that’s a lot of opportunity for potential danger. Continue reading

West Palm Beach Injury Lawsuit Damages Would be Capped With HB17

April 4, 2019 | by David J. Halberg, Esq.

West Palm Beach injury lawyers have been watching closely the progression of HB17, a bill that would limit the amount of damages for losses like pain and suffering that can’t be easily quantified. The $1 million damage cap would affect non-economic damages in personal injury cases. Proponents claim it’s necessary to improve insurer and large corporation stability, “balance out” their legal risk resulting from high litigation costs and lower what we all pay for insurance and other products/services. West Palm Beach Personal Injury Lawyer

The Florida House Civil Justice Committee approved the cuts, and the bill is advancing.

Here’s the reality about legislative actions like this (also known as “tort reform“): It’s a “get-out-of-jail” free card for insurers and big business. Where they have been successful, it is found companies are better-shielded from litigation risks and their profits are higher. It very often does not result in savings for the public/consumers. Furthermore, it’s been proven that the people most affected by a policy like this are the individuals hurt most severely. Finally, it’s likely no coincidence the most ardent advocates of this measure receive an awful lot of campaign contributions from lobbyists for these industries.

The Case of McCall v. State Showed Damage Caps Don’t Work

Don’t Burn the Clock Waiting to Talk to a Florida Injury Attorney

November 28, 2018 | by David J. Halberg, Esq.

Sometimes when folks read that the statute of limitations on Florida personal injury and wrongful death claims is two and four years respectively, they figure they’ve got some time before they need to bother reaching out to a South Florida injury attorney. And while it is true that you technically have that time span in which to file a claim, our Naples injury lawyers know what that timeline fails to take into account is:

The faster you act, the more likely your attorney can gather important evidence, talk to key witnesses and best preserve your case.
In most all cases, you won’t be able to file a claim at all unless you have properly provided notice to defendants in accordance with Florida law. The timeline for notice is shorter than the statute of limitations period, and the requirements can vary depending on a host of factors. Continue reading