Articles Tagged with West Palm Beach injury lawyer

A water slide at Universal’s Volcano Bay water park in Orlando has reportedly caused more than 100 Florida tourist injuries, including one man from New York who was reportedly paralyzed last year. South Florida injury lawyers

As longtime Florida tourist injury lawyers in West Palm Beach, we’re familiar with the Florida law that only requires theme parks to report ride injuries to the state when the person hurt is hospitalized for at least 24 hours. That means the actual number of injuries at theme parks are likely much higher than what’s reported to the public. Further, park visitors should know that they may have a right to monetary damages – even if their injuries didn’t meet the park’s criteria for required public reporting.

The ride in question is a series of four slides, called Punga Racers, with riders ultimately splash-landing into catch pools. According to court records and reporting by the Orlando Sentinel, the 115 injuries visitors suffered after riding the Punga Racers water slides ranged from mild to severe, and included:

  • Scrapes
  • Nosebleeds
  • Concussion
  • Neck whiplash
  • Paralysis

Two ride safety testers were also injured. But in all of those, only one – the paralysis – was considered reportable to the state. Continue reading

An estimated 1 in 6 women in Florida will be victimized by sexual assault at least once in life, while 1 in 5 men will be victimized by some form of sexual violence other than rape. Although survivors can make the decision to report such actions to police, pursuing criminal prosecution is ultimately up to the local state attorney’s office. Even if the prosecutor files charges and secures a conviction, the reality is compensation to the victim in the form of restitution is unlikely to be adequate (if it’s ordered or able to be collected at all).Florida sexual assault lawsuit

But one avenue through which survivors may still obtain justice is civil litigation. As our West Palm Beach civil trial lawyers can explain, the goal of a civil sexual abuse lawsuit isn’t to undo what cannot be undone. Rather, it is to make victims as whole as possible by compensating for physical injuries, disability (time you had to take off work), mental and emotional trauma and even damaged relationships.

And the perpetrator may not be the only one you can hold responsible – even if he or she acted alone. In civil litigation, you’ll want to explore the potential liability of:

  • The owner/controller of the property where the sexual assault happened.
  • The offender’s employer.
  • The school, daycare, sports organization, religious institution, nursing home or hospital that had a duty to protect the victim.
  • Any security firms contracted to keep people safe.

Civil liability against third parties in sexual abuse lawsuits considers the duty of care the defendant owed to protect the plaintiff (victim) and whether the offense was reasonably foreseeable. Did the employer do enough to vet its workers? Did the sports organization overlook years of misconduct by a coach? Did the hotel fail to make sure it had adequate security staff on site to keep guests safe? These are the kinds of things that can result in a finding of third-party liability in Florida sexual assault lawsuits. 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

When someone is injured as a result of another’s negligence – slip-and-fall, medical malpractice, car accident – often you can request a type of damages known as “pain and suffering.” This is a legal term, spelled out in the Florida Standard Jury Instruction, 501.2, that basically refers to what you had to endure.South Florida injury lawyer

As specifically stated in the jury instruction, these non-economic damages are “any that result from bodily injury sustained by you resulting in pain and suffering disability or physical impairment, disfigurement, mental anguish, inconvenience or loss of capacity for the enjoyment of life experienced in the past or to be experienced in the future.”

Unlike economic damages, which are things like medical bills, lost wages or expenses incurred as a result of your injuries, pain and suffering damages aren’t easily tallied with bills, records or receipts. These are damages you must demonstrate with your own personal testimony, testimony from your loved ones, photographs, vidoes and details about your life both before and after the injury. Jurors are more likely to award economic damages, but establishing non-economic damages can be trickier.

Your Florida injury lawsuit is over. The judge has made a final ruling. Whether you won or lost, there is still something that needs to be resolved: Taxation of costs.injury lawyer West Palm Beach

But what are costs in a tort case? What costs are taxable? Which are considered non-taxable costs?

It’s important to point out that “taxes” in this case aren’t referring to a cut owed to the Internal Revenue Service. The question is whether the losing party can be “taxed” for certain costs associated with the litigation process incurred by the prevailing party.

For example, expert witness fees – paid to an expert witness for their services before or during trial – can be either a taxable or non-taxable cost (depending on a host of factors). These have to be paid whether you win or lose. If you win and the court decides that cost is taxable, the defendant pays.

Despite some clear lines drawn in both case law and statute, the question of taxable/non-taxable costs – and whether a person should have them covered – can still be a matter of sharp dispute.

Recently, the Alaska Supreme Court in King v. State Farm Mut. Ins. Co. was asked to settle an argument over whether a plaintiff who won her drunk driving injury lawsuit was entitled to certain taxable costs. The court ruled some couldn’t be collected because plaintiff didn’t timely file the request, but the lower court had erred in denying her others. Continue reading

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