Recent Blog Posts
What Are “Pain And Suffering” Damages In A Personal Injury Case?
We often use the term “pain and suffering” to describe monetary damages in personal injury lawsuits. But what exactly do we mean by “pain and suffering”? And how does a jury actually calculate such awards? Pain and suffering is what the law considers a form of non-economic damages. Economic damages are those that can… Read More »
What Are A Victim’s Rights Following A Drunk Driving Accident?
Each year, thousands of people are injured or killed nationwide in car accidents caused by drunk drivers. Indeed, barely a week goes by before there are news reports of a DUI-related accident on Florida’s highways. Although there are stiff criminal penalties involved for driving under the influence–particularly when innocent people are harmed–what about the… Read More »
Why Would I Settle My Personal Injury Claim?
Although trials and jury verdicts tend to garner the most attention in the press, in reality the vast majority of personal injury claims are settled out of court. The biggest reason for this is risk–or more accurately, the desire to avoid risk. Taking a personal injury case to trial is risky for both sides…. Read More »
Federal Court Dismisses Pulse Massacre Victims’ Lawsuit Against Social Media Giants
On June 12, 2016, a man walked into Pulse, a gay nightclub in Orlando, and opened fire with an automatic rifle and a semi-automatic pistol. The killer managed to take 49 lives while injuring 53 others who survived. When confronted by police, the killer claimed he was an “Islamic soldier” loyal to the Islamic… Read More »
Florida Nursing Home Attempts To Invoke Federal Statute To Avoid State COVID Lawsuit
The COVID-19 pandemic has placed renewed scrutiny on Florida’s nursing homes and the often substandard and negligent care they provide to residents. Many patients have suffered and died due to failure to follow basic safety protocols during this emergency. Yet when faced with the prospect of accountability for this neglect, these same nursing homes… Read More »
When Is The Postal Service Responsible For A Fatal Car Accident?
There is an old expression, “You can’t fight City Hall!” That is not exactly true, at least when it comes to personal injury claims. Although the government normally cannot be sued without its consent, federal and state legislation does carve out an exception for civil lawsuits arising from the negligent acts of government employees…. Read More »
Can A Veteran Sue The VA For Medical Malpractice?
Perhaps the most common type of medical malpractice is the “failure to diagnose.” For example, if your doctor fails to properly diagnose your cancer, and as a result you are delayed in receiving appropriate treatment, you can seek to hold the doctor accountable for their negligence by filing a malpractice lawsuit. Of course, things… Read More »
Does It Matter How Much Your Personal Injury Claim Is Worth?
Although multi-million dollar personal injury verdicts tend to make the news headlines, most cases only involve a few thousand dollars in damages. Of course, if you are the victim, any amount of damages are welcome relief. But what you may not realize is that the value of your claim can have a significant impact… Read More »
Is A Building Code Violation Proof Of A “Dangerous Condition”?
Florida law requires all property owners to keep their premises in a “reasonably safe condition” for invited guests. An owner can be held legally responsible if a “dangerous condition” on the property causes injury to an invited guest. One way to establish the existence of a dangerous condition is a building code violation. In… Read More »
Is An Owner Liable For Negligence In The “Mode Of Operation” Of Its Business?
In a slip-and-fall case, the plaintiff must prove that the owner of the property had “actual or constructive knowledge of the dangerous condition” that caused the accident. Historically, Florida courts could apply a common-law rule known as “negligent mode of operation” to establish constructive knowledge. Basically, if the owner maintains or enforces a policy… Read More »
