Category Archives: Personal Injury
Eisai Faces Florida Lawsuit Over Allegations Its Weight Loss Drug Belviq Causes Breast Cancer
Florida law permits consumers to sue the manufacturer of any defective product if they suffered injuries as the result of said defects. This includes medications. A pharmaceutical company is liable if an ingredient used in their drug caused a “dangerous condition” or side effect. For example, a federal judge in Tampa recently allowed a… Read More »
The Basics Of Jury Trials In Florida Personal Injury Cases
The vast majority of personal injury cases–by some estimates as high as 95 percent–are settled out-of-court without a trial. Indeed, many defendants are not eager to take their chances in court. But for those cases that do require a full trial, it is important to understand the role of the jury in the process…. Read More »
Suspect In Fatal Delray Car Accident Found Posting Videos Of Dangerous Driving To Instagram
Social media has made it fun and easy to post everyday moments online to share with our friends and family. Of course, once something is online, it is often shared with the rest of the world as well. And that can have significant legal consequences if you are ever involved in an accident. Take… Read More »
Florida Lawsuit Alleges Medical Malpractice Led To Death Of 23-Year-Old Pro Baseball Player
Wrongful death cases are not always the result of a car accident. Sometimes they arise from acts of medical negligence–i.e., malpractice–that led to the victim’s death. Malpractice itself can include acts of omission, such as failing to properly diagnose an individual who has a potentially life-threatening condition that ultimately kills them. A recent lawsuit… Read More »
How Is A Wrongful Death Lawsuit Different From A Personal Injury Claim?
You will sometimes see the terms “wrongful death” and “personal injury” used interchangeably. That is not quite accurate. While a wrongful death lawsuit is, in many respects, a type of personal injury claim, they are in fact distinct legal concepts. With that in mind, here is a brief explanation of how the two types… Read More »
What Is A Fabre Defendant In A Florida Personal Injury Lawsuit?
When an accident seriously injures someone, there may be multiple parties who can be held legally responsible. The victim may elect to file a personal injury lawsuit against one or more defendants to seek monetary compensation. The defense may then turn around and argue there was a third party–one not named as a defendant… Read More »
Understanding The Terms Of A Release When Settling A Florida Personal Injury Claim
Personal injury claims are often settled without the need for a trial. A settlement is essentially a contract between the plaintiff (i.e., the victim) and the defendant. It is common practice for this contract to contain a “release,” or language that absolves the defendant, and potentially other related parties, from any further legal liability… Read More »
Is Falling Off A Table “Medical Malpractice”?
Although medical malpractice represents a type of personal injury claim, the rules governing the former are actually much more complicated that many people realize. Put simply, you cannot simply sue a doctor for malpractice. You must first complete a series of pre-suit steps mandated by Florida law. This includes conducting a “presuit investigation” and… Read More »
Why You Need To Establish A “Duty Of Care” In A Florida Personal Injury Lawsuit
Personal injury claims are always rooted in a duty of care. This refers to the defendant’s legal obligation to act in a reasonable manner to prevent harm to the defendant. A simple example of duty of care is traffic accidents: Every driver on the road has a duty of care to follow the traffic… Read More »
Is An Ice Rink Operator Responsible For A Collision Between Patrons?
People are often asked to sign “waivers” or “releases” before engaging in certain recreational activities. Obviously, such documents are meant to try and insulate the owner of a facility from personal injury lawsuits in the event of an accident. Such waivers are not absolute, however, and do not always foreclose an injured party’s right… Read More »
