Articles Tagged with South Florida injury attorney

Personal injury litigation is the most common type of civil action in Florida courts. Car accident claims in particular are ubiquitous. Many of these will be settled prior to trial, but it’s important to understand that unless your degree of injury meets something called the “serious injury threshold,” your case won’t gain much traction.South Florida injury attorney

Florida is one of the few states that adheres to a no-fault system when it comes to car insurance. Vehicle owners are required to purchase personal injury protection (PIP) coverage, as outlined in F.S. 627.736. This provides up to $10,000 in coverage for medical bills and lost wages incurred in a crash, regardless of who caused it. Property damage liability coverage is separate.

For minor car accidents, PIP coverage may be more than enough. But if someone suffers serious injuries, that amount won’t go very far. Still, Florida law sets a serious injury threshold for personal injury recovery in car accident cases. In other words, your injuries must meet certain criteria in order to pursue damages against the at-fault driver. Some bruising on your arm and face probably won’t cut it, but if you’ve suffered broken bones or torn tendons, it might. Continue reading

Florida has two sets of legal justice systems: Criminal and civil. The sole purpose of the criminal justice system is to punish the offender. Prosecutors represent the government in pursuing charges. In criminal sexual assault cases, the survivor is a witness. In the civil justice system, the survivor is the driving force, with the primary goal of compensation to the victim for physical harm, emotional damages and other adverse impacts. In some cases, survivors can compel third parties (schools, hospitals, sports programs, etc.) to compensate them for any negligence that created an opportunity for the assault to occur. Civil actions can also result in third parties being ordered to to take certain actions to prevent future assaults. Florida sexual assault civil lawyer

As South Florida sexual assault attorneys, we represent survivors as they work their way through the civil justice system. We can also help protect their interests if there is a pending criminal case. We do believe that if someone else’s criminal or negligent actions caused you physical injury, pain and suffering and mental anguish, they should be accountable for it.

We fully recognize that no amount of money is going to erase the awful realities of what happened. But damages can help to offset the cost of things like medical bills, trauma counseling and the wages you have lost while trying to piece your life back together. It’s also a measure of justice for the loss of intangible things, such as your mental health and the damage to your personal relationships.

The decision to move forward with civil litigation is a substantial one, and shouldn’t be made lightly. It’s very important that you review the strength of your claim, the potential emotional impact and the best and worst case outcomes. Continue reading

New Year’s celebrations are all about new beginnings – and many this year are especially eager to start the next chapter!South Florida injury lawyer

To help ensure 2021 starts on a bright note, our West Palm Beach injury lawyers are offering 5 Tips on New Year’s Eve Safety. This list is gleaned from our years of observing the top causes of preventable injuries in South Florida around this holiday. Continue reading

A woman has filed a Florida negligent security lawsuit against owners of an apartment complex whom she says failed to protect her from a shooting that occurred after more than 1,100 calls for police assistance to the site.

The Ocala Star Banner reports plaintiff was one of two innocent bystanders injured in a shootout that left one man dead and another arrested on charges of second-degree murder. Florida negligent security lawsuit

Although it’s fairly early in the civil case, our South Florida premises liability attorneys know the history of crime at this complex will likely be central to the plaintiff’s success.

Local police department records reportedly indicate more than 1,100 calls for police assistance to the in the years prior for a range of crimes, including aggravated assault and battery, auto burglaries, auto thefts, robberies, drugs, child abuse and sexual offenses. Of those, more than 900 came from police presence from foot patrols the company requested and security details the company paid for. It’s not clear whether the apartment owner took any other additional security measures. Whether those security measures were adequate in light of the prior crimes will be a question for the jury. Continue reading

A waiver of liability is an increasingly common way for businesses to throw up a shield against legal responsibility for patron injuries. They are especially common where activities might pose a higher-than-average risk. Examples might be trampoline parks, jet skiing or skydiving.South Florida injury lawyer

However, as our West Palm Beach injury lawyers can explain, signing a waiver of liability won’t absolutely sabotage the legitimacy of your injury claim. If you can prove the waiver failed to meet certain legal criteria or if there is evidence of reckless or intentional wrongdoing, you may still be able to pursue your claim for damages. The same goes for many claims involving children involved in commercial activities, as noted by the 2008 Florida Supreme Court decision in Kirton v. Fields.

While it’s true that waivers of liability can insulate organizations and businesses from legal responsibility for acts of negligence (i.e., lack of reasonable care) they can’t protect against gross negligence. Gross negligence is the deliberate disregard for someone else’s safety by an act or omission the defendant knew or should have known would put another in danger. Continue reading

By the end of last year, more than 2 billion people were actively using Facebook on at least a monthly basis. Instagram, meanwhile, serves about 800 million active users a month. Users of Snapchat upload approximately 10 billion videos daily. WhatsApp has about 1 billion users a month. So what does all this have to do with your South Florida injury lawsuit?personal injury lawyer

A lot if you have posted anything pertinent to:

  • The incident in question;
  • The people involved in the incident;
  • Any element that pertains to the incident;
  • Your mental/ physical condition or well-being prior to and after the incident.

Because a serious injury resulting from something like a car accident or a case of medical malpractice or a criminal attack is something that – of course – affects us very profoundly, it is understandable that many people share those details online. It’s almost become like second nature in this increasingly digital age.

But as the recent Congressional hearings of Facebook CEO Mark Zuckerberg reveal, there is an increasingly limited expectation of privacy regarding what we share on our “personal” pages – even when we limit privacy settings and contact lists. Continue reading

Florida consistently has one of the highest percentages of properties with pools and hot tubs, with the Association of Pool & Spa Professionals reporting nearly 335,700 hot tubs in the state as of 2015, with an additional 9,400 being added annually. Many of these are prominent features at resorts, hotels, condominium complexes and other locations frequented by Florida tourists, snowbirds and residents.injury attorney

Swimming pool injuries and hot tub injuries can run the gamut, whether due to unreasonably slippery surfaces or lack of gates or barriers or improper construction or poor maintenance. Determining who was at-fault and whether you have a claim to pursue compensation for your injuries will depend on exactly how and why the injury happened. For example, if a residential pool owner fails to ensure an appropriate barrier, alarm or other protection feature is in place, as required by F.S. 515.29, they could be held liable for child drownings or other injuries proximately caused by that.

In a recent case out of Pinellas County, the Tampa Bay Times reports a man was awarded $7.5 million in a South Florida personal injury lawsuit verdict stemming from a fall inside a hot tub at a resort where the spa was partially drained and unlit back in 2008. It’s being deemed one of the largest injury verdicts ever in that county’s civil court. According to news reports, the man suffered permanent back and neck injuries after the fall. Continue reading

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