Articles Tagged with personal injury attorney

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

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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.injury attorney Naples Continue reading

Proving that negligence caused an elevator accident injury does not require expert witness testimony, the New Jersey Supreme Court ruled recently – echoing the precedent set by other state courts, including Florida.injury attorney

The ruling is notable for the fact that a requirement of expert witness testimony (as necessitated in medical malpractice litigation) is often an expensive and cumbersome process. Although expert witnesses can undoubtedly be critical in establishing key elements of a personal injury or wrongful death case, a mandate such opinion be required to move beyond the summary judgment phase is a substantial hurdle.

Injuries and particularly deaths caused by malfunctioning elevators are increasingly rare (and on the whole, elevators and escalators are safer than stairs). Relying on a range of government data, the Center for Construction Research and Training and the National Institute for Occupational Safety concluded in 2006 that incidents involving elevators and escalators kill about 30 people and injury roughly 17,000 a year in the U.S. Improved technology – and particularly the cables, electronics and pulley systems – have improved drastically since, as noted in a 2013 report by The Washington Post. Those who install and maintain elevators have the potential to be injured due to falls, electrical shocks, muscles strains and other injuries related to confined spaces, scaffolds, cranes, rigging, hoisting heavy equipment and lock-out/tag-out accidents. The passenger safety profile, however, is much better, with the Consumer Product Safety Commission concluding the fatality rate is 0.00000015 percent per trip. Still, a 2008 study published in the journal Accident Analysis & Prevention concluded after a review of 14 years worth of data, the injury rate was 7.8 per 100,000. Continue reading