| by

Florida has one of the worst track records for safety of its bicyclists and pedestrians. Talking to a Palm Beach injury lawyer as soon as possible following bicycle accidents or pedestrian accidents is important to begin building a case that maximizes your chance of obtaining fair compensation against the negligent drivers who inflicted harm. Palm Beach injury lawyer bicycle accidents pedestrian accidents

Of the 394,000+ crashes reported in Palm Beach County last year, 10,300 were pedestrian accidents and 8,400 were bicycle accidents, according to the FLHSMV. Of the 3,400 people who died in Palm Beach traffic crashes in 2023, bicyclists comprised 227 of them, while pedestrians accounted for 790. Bicyclists and pedestrians are far more likely than other road users to be seriously hurt or killed when they’re in a crash (compared to other motorists). It’s also exponentially more likely that the drivers involved in pedestrian and bicycle accidents will leave the scene in a hit-and-run.

Investigators conclude a myriad of causal factors in these cases, including distracted driving, speeding, failure to yield or impaired driving. But almost always, it comes down to driver error. And even if the bicyclist or pedestrian was partially at-fault, they can still pursue compensation, so long as their percentage of comparative fault doesn’t exceed 50%. (Even if a bicyclist or pedestrian is half responsible for the accident, they can still collect damages on the other 50% from the at-fault driver – which can be a substantial sum considering how many result in serious consequences like traumatic brain injury, spinal cord injury, broken bones and internal organ damage.)

Avenues of Compensation in Florida Bicycle Accidents and Pedestrian Accidents

Injured bicyclists and/or pedestrians have a few potential avenues they can pursue for compensation.

The first is PIP, or personal injury protection coverage. As outlined in F.S. 627.736, is no-fault protection that provides up to $10,000 in coverage (80% of medical bills and 60% of lost wages up to that $10,000), regardless of who was to blame. The nice thing about PIP is you don’t have to prove negligence. You may be able to collect PIP from the driver’s policy or your own. Even though you weren’t in a car at the time of the incident, your own PIP car insurance will likely still consider the incident a coverable offense if you were struck by a motor vehicle. Continue reading

| by

Jurors handed down a $100 million Palm Beach medical malpractice verdict recently to the family of a boy who was mutilated in a botched circumcision that was performed 10 days after the doctor in question had his medical license revoked by the Florida Board of Medicine. The damage award is twice what the family had sued for, illustrating the impact the evidence and the child’s suffering had on those reviewing it. Palm Beach medical malpractice attorney

As longtime Palm Beach medical malpractice attorneys, this case represents an egregious disregard both for patient well-being and professional standards set forth for medical doctors.

According to The Palm Beach Post, the former OB-GYN did not attend the trial, nor did he hire an attorney to represent him in the matter. In previous statements, the ex-doctor stated that the child’s condition was the result of a congenital deformity, rather than a failed circumcision. A midwife testifying on behalf of the family told the court the child, now age 3, had no such deformity at birth.

Whether the family will ever actually receive any of that money remains to be seen. The former doctor has not yet paid a settlement owed to the surviving spouse of another patient who died after giving birth to the couple’s second child. The doctor delivered the child, left the hospital to change his scrubs, and only returned in time to watch his patient die, according to court records.

The doctor was also the subject of a 2017 expose by the local newspaper into the deaths of six patients in procedures gone wrong over his career of three decades. These incidents prompted the state’s medical board to vote to restrict the OB-GYN’s license – a fact he did not tell the aforementioned patient before he was involved in the delivery. Continue reading

| by

Passengers injured in West Palm Beach car accidents may have multiple avenues of pursuing compensation, depending on who was at fault, how serious their injuries were and the type of insurance coverage available. One of those avenues is against the driver of the vehicle they were in. West Palm Beach car accident lawyers

Florida car accidents are unfortunately an everyday occurrence. Nearly 400,000 were reported statewide last year, more than 26,000 of those in Palm Beach County, according to the Florida Department of Highway Safety and Motor Vehicles. In Florida, more than half of all fatal vehicle crashes involve a single vehicle. As most crashes are caused by driver error, passenger claims against drivers are fairly common.

If a passenger is injured due to the negligence of the person driving, they can file a claim for financial compensation to help with hospital bills, lost wages, etc. However, as West Palm Beach car accident lawyers, we’re aware that sometimes passenger plaintiffs are hesitant to do so if the driver is someone close to them – relative, friend, colleague, etc.

If this is how you’re feeling, here are a few things to consider: Continue reading

| by

A number of alarming in-flight sexual assaults have been reported over the last several months. Here in Palm Beach County, there are hundreds of thousands of airline passengers in and out of Palm Beach International Airport every single month. As West Palm Beach sexual abuse lawyers want to outline passenger rights and some avenues of recourse you are sexually assaulted on a plane.in flight sexual assault West Palm Beach sexual abuse lawyers

According to FBI data, there were nearly 100 cases of in-flight sexual assaults in the U.S. reported last year. Given that sexual assault is a greatly underreported crime, it’s likely the actual number of incidents is much higher.

Airlines have legal, ethical and industry standard obligations to prioritize the safety of their passengers. U.S. law imposes a heightened duty of care for airlines on domestic flights that can make them liable for foreseeable criminal acts, including sexual misconduct or sexual assault.

Sexual assault can be a reasonably foreseeable threat in situations involving tight quarters, alcohol service and especially when there are unaccompanied minors and/or minors seated away from family members with whom they’re traveling (an all-too-common issue that the U.S. Department of Transportation is attempting to address with a proposed regulation to require fee-free family seating for kids 13 and under).

We’ll be the first to concede that flight crews don’t always have it easy. But doesn’t mean they get a free pass if they fail to exercise reasonable care and a passenger is sexually assaulted as a result.

Some reported cases of in-flight sexual assault on airplane in recent years: Continue reading

| by

When you’re receiving medical care and something goes wrong, it’s not always easy to know whether it was the result of Florida medical malpractice. Still, there are ways you can preserve a potential claim, even if you aren’t sure if you have one. West Palm Beach medical malpractice attorney man talking to doctor

As West Palm Beach medical malpractice attorneys, we’ve seen solid cases go sideways because evidence wasn’t properly preserved or potential plaintiffs made a few missteps early on.

So for anyone who thinks they might have grounds for filing a South Florida medical malpractice case, it’s a good idea to:

  • Seek Immediate Medical Attention. Ensure your health and safety by seeking prompt medical care from another healthcare provider. This is crucial for your well-being and to document any additional injuries or conditions caused by the suspected malpractice.
  • Document Everything. Keep detailed records of all medical treatments, including dates, times, names of healthcare providers, and the nature of treatments or procedures received. Take notes on any conversations you have with healthcare providers and staff.
  • Obtain Your Medical Records. Request copies of your medical records from the healthcare providers involved in your care. These records are essential for reviewing the details of your treatment and identifying potential errors or negligence. Continue reading

| by

As West Palm Beach medical malpractice attorneys, we fully recognize the firsthand devastating impacts of negligence by medical providers on both patients and families. Beyond the physical harm suffered by the patient, entire families suffer as well. West Palm Beach medical malpractice lawyer

Because we understand the profound impact these ordeals can have on both patients and their loved ones, we can help them navigate the challenges of pursuing compensation through civil litigation. There are even some types of monetary damages in medical malpractice injury cases reserved specifically for family members.

In the case of medical malpractice-related deaths, certain family members may be entitled to collect wrongful death damages.

Impact of Medical Malpractice on Patient Families

Medical malpractice in South Florida can have far-reaching consequences, profoundly affecting the emotional, financial and physical well-being of patients AND their families.

Among those impacts:

  • Emotional distress. Families often experience intense emotional distress in the form of anxiety, depression and grief, particularly if it results in permanent injury or death.
  • Relationship strain. The stress and pressure of dealing with a loved one’s injuries can strain marital and family relationships, sometimes leading to conflict or even separation.
  • Loss of life enjoyment. Family members of patients harmed by medical malpractice may suffer loss of companionship, affection and enjoyment of life due to the altered condition of the patient.
  • Financial impacts. People don’t live in a financial bubble. If a patient is harmed no longer able to work or contribute financially to their household– the whole family is going to feel that, to varying degrees. Same goes for astronomical medical expenses, ongoing trips for medical appointments, and modification of their home due to home care needs.
  • Caregiving responsibilities. Family members often take on caregiving roles, which can be physically demanding and exhausting, particularly if their loved one requires constant attention and assistance.
  • Disruption of daily routines. The whole family rhythm gets upended when a family member suffers a medical malpractice injury.

Compensation for Families of Medical Malpractice Injuries

Continue reading

| by

As West Palm Beach personal injury lawyers, we recognize that cases involving rear-end collisions are not only some of the common, but sometimes the most serious. It’s important to understand why they happen, the typical injuries they cause, who is usually liable and what civil claims could be worth.West Palm Beach personal injury lawyer rear end crashes

Our goal here is to ensure clients – and even potential clients – understand the basics so they’re better empowered to navigate the aftermath and seek appropriate compensation.

What Causes Rear-End Crashes

Rear-end collisions occur when the front of one vehicle strikes the back of another.

According to the National Highway Traffic Safety Administration (NHTSA), rear-end crashes account for 29% of all crashes and result in a substantial number of injuries and fatalities every year. Rear-end collisions in which the lead vehicle is stopped or moving very slowly prior to the crash account for most of these cases.

Common factors cited in rear-end crashes include:

  • Distracted driving. The leading cause of rear-end crashes is driver distraction. This includes texting, talking on the phone, eating, or any activity that diverts attention from the road.
  • Tailgating. Following too closely behind another vehicle reduces the reaction time needed to avoid a collision if the car in front stops suddenly.
  • Speeding. Higher speeds decrease the amount of time a driver has to react to sudden stops or changes in traffic flow, increasing the likelihood of a rear-end collision.
  • Weather conditions. Poor weather conditions like rain, fog, or ice can make it harder to stop quickly, leading to more frequent rear-end accidents.
  • Sudden stops. Unexpected stops by the lead vehicle, whether due to traffic signals, pedestrians, or other obstacles, can result in a rear-end crash if the following driver is not paying close attention. (That doesn’t mean the rear driver isn’t responsible. They are expected to anticipate the possibility that the driver ahead of them will make sudden stops and maintain an assured, clear distance.)
  • Mechanical failures. Brake failures or other mechanical issues can also cause rear-end collisions.

Injuries That Result From Rear-End Crashes

Injuries in rear-end crashes can range from minor to severe, depending on the speed of impact and other factors. Continue reading

| by

How common are multi-million dollar Florida sexual abuse lawsuit verdicts and settlements? The likelihood of such an outcome really depends on the facts of the case, but usually cases resolved by larger sums make their way into the headlines.Florida sexual abuse lawyer West Palm Beach

Often, as our West Palm Beach sexual abuse lawyers can explain, these larger verdicts involve some type of punitive damages.

Punitive damages are paid to the plaintiff/victim, but are imposed on defendants for punishment for egregious wrongs or deterrent for future bad acts — as opposed to strictly compensating a victim for specific losses. Punitive damages are less likely to be awarded than other types of damages (physical pain and suffering, mental and emotional anguish, past and future medical bills, etc.), but they can be appropriate in many of these circumstances.

Punitive damages made up 66% of a recent $9 million Florida sexual abuse lawsuit verdict against the U.S. Tennis Association. In that federal case, jurors found the organization failed in its duty to protect a teen athlete from being repeatedly victimized by her coach between the ages of 12 and 19, who was allowed to continue working 1:1 with teen girls even after he’d sexually assaulted an employee. The USTA said it did not know of the prior sexual assault until the coach was fired following allegations made by the plaintiff. The plaintiff, now 25, said her coach repeatedly sexually battered her when she was a minor.

Of the $9 million awarded in that case, $6 million was specifically for punitive damages.

Recent Six-Figure Sexual Abuse Lawsuit Verdicts and Settlements

Sexual assault cases usually involve an organization, non-profit, employer, school, government agency or property owner that failed in its duty to provide reasonable security, protection or oversight, which in turn made the victim vulnerable to attack or exploitation.

Among some of the recently-reported high-profile six-figure damages sexual abuse cases:

  • A $2.5 million verdict in Arizona against a “trouble teen boarding school” that charged $9,000 monthly for “tough love,” but instead reportedly failed to address physical, mental and even sexual abuse by staffers against the teens. Most of that damage award consisted of punitive damages.
  • A $4.2 million verdict against the U.S. Twirling Association and a coach after a federal jury in New York found that the organization was negligent in protecting her from sexual assault on an international trip to Lima, Peru. The organization reportedly did not provide security after promising to do so and exaggerated the experience of the coach. The teens were reportedly taken on numerous outings to nightclubs and private parties. The victim alleged the president of the club that sponsored the trip drugged and raped her.
  • The Archdiocese of Baltimore’s deadline to file claims against its Chapter 11 bankruptcy case expired in June, with more than 700 victims of child sexual abuse by clergy seeking a portion of $1 billion in damages.
  • A $2 million settlement against a women’s prison in Hawaii  led to an upgrade of camera systems throughout the corrections facility. Prisoners alleged sexual abuse by guards, particularly in so-called “blind spots” of the prison an din control booths. It was revealed that 40% of the prison’s camera systems weren’t functioning. Staff reportedly bribed inmates with snacks, methamphetamine and other privileges in exchange for sex. Because of the inherent power dynamics, prisoners cannot consent to sex with guards, even if both parties are adults.
  • A $1.6 million verdict was awarded to a New Jersey woman who alleged she was sexually abused by her teacher at school for months. The district was 60% liable. The teacher, now a local minister, was deemed 40% responsible.
  • The University of North Carolina School of the Arts has agreed to pay $12.5 million to former students who allege they were raped, groped and sexually harassed by teachers and staff.
  • A girl in Oregon was awarded $9 million in a verdict against her school and other parties for failure to protect her from sexual harassment and rape by male peers at her school while she was a third-grader.

Possible Damages in Florida Sexual Abuse Lawsuits

Victims of sexual assault who file civil lawsuits against the perpetrator and (more commonly) other parties responsible can seek financial compensation for: Continue reading

| by

As West Palm Beach car accident lawyers, we’re closely familiar with the outsized danger posed by side impact collisions. Even though side impact crashes tend to be less common than front impact crashes, they tend to be much more serious. Determining fault requires analysis of right-of-way, traffic signals, speed, and road conditions (inclement weather, debris, low visibility, etc.). Other factors include driver impairment and distraction and whether the injured person was wearing a seatbelt. Palm Beach car accident lawyer explains fault in side impact collisions

Side impact collisions are a type of motor vehicle crash where the side of one or more vehicle is impacted.

Sometimes referred to as T-bone accidents, we often see these at intersections, parking lots, and in scenarios where two cars or other vehicles pass each other on a multi-lane road.

Why Side Impact Crashes Are So Serious

According to a 2016 study, side impact collisions accounted for about 30 percent of total crashes, but 35-45% of passenger fatalities and serious injuries, compared to 55% in head-on collisions. Even in newer, safer cars and at lower speeds, side impact crashes still tended to have higher injury rates.

Factors that can make side impact collisions more serious:

  • Fewer built-in protections. When a car is struck head-on or even in a rear-end crash, both the driver and passengers have greater distance and structural protection from the point of initial impact compared to a side-impact crash – particularly for those on the side that is struck directly.
  • More vulnerable body parts impacted. Most rear- and front-impact crashes tend to result in serious injuries to the legs and feet, while side impact crashes tend to hit the chest and head harder.
  • Minimal avoidance action. A driver who is struck on the side by another may not even see the other car coming – and therefore may take little evasive/avoidance action to minimize the crash.
  • Vehicle size disparity. More than half of all new vehicles purchased in 2021 were SUVs. Anytime passenger cars collide with light trucks or SUVs, it’s former that usually sustains the greatest damage – regardless of which was the striking vehicle. But when a smaller vehicle is struck on the side by a larger vehicle, the damages tend to be very significant.

According to one study by the Association for the Advancement of Automotive Medicine, rear seat occupants were most likely to suffer the most serious injuries in side impact crashes. Continue reading

| by

Medical malpractice lawsuits are among the most difficult types of personal injury cases to prove. They have a higher proof burden, short statute of limitations, and require expert witness testimony just to get your foot in the door. A poor medical outcome – no matter how devastating – doesn’t automatically mean the doctor was negligent. Healthcare workers are loath to have a black mark on their record, so they fight back hard against medical malpractice claims – meaning cases take years to litigate, even if the claim is strong. Palm Beach injury attorney

As a Palm Beach injury lawyer can explain, there are four basic elements one has to prove in order to prevail in a Florida medical malpractice case – but one is often more difficult than the others.

Elements of a Florida Medical Malpractice Case

There are four main elements one must prove to win a Florida medical malpractice case:

  1. Duty of Care
  2. Breach of Duty
  3. Causation
  4. Damages

Let’s start with duty of care. This means establishing that the defendant (in this case, the doctor) had a duty to the plaintiff (patient) to provide care that meets the standard recognized by the medical community. They are expected to deliver care that would generally be expected of any reasonably competent practitioner with the same or similar level of skill, resources, and knowledge.

This differs slightly from other types of general negligence cases (such as car accidents) in that the expectation is not that they must act as a “reasonable person” would, but as a “reasonably competent practitioner of the same or similar level of skill, resources, and knowledge.”

Establishing what is “reasonable” requires something different for each. With medical malpractice, we have to hire an expert witness right off the bat to help us make the case – even if negligence seems obvious. Florida medical malpractice laws actually require that we do so.

Next up is causation. We need to show that there was a direct and causal link between the doctor’s breach of duty and the harm suffered by the patient. Whether the harm involved an injury, worsening condition, or death, we need to be able to establish that it was the result of the provider’s negligence.

Even if we can show the doctor was negligent and that the patient was harmed, that’s not enough to win a Florida medical malpractice case. As Palm Beach medical malpractice attorneys, we must be able to establish that the patient’s harm was because of the doctor’s mistake, inaction, error, oversight, etc.

Finally, we must prove damages. This is the amount of losses of the plaintiff due to the doctor’s negligence. It includes not only tangible financial impacts, such as medical bills and lost wages, but also intangible losses such as loss of life enjoyment. Medical malpractice lawyers have strategies that we use to quantify both past, current, and future financial losses, as well as those intangible losses.

The Toughest Element to Prove: Causation

Continue reading

Contact Information

1615 Forum Pl #3-B
West Palm Beach, FL 33401
Toll Free: 877-425-2374Phone: 561-616-3000Fax: 561-688-0775

Available for Consultation
Throughout Florida

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. The contact form sends information by non-encrypted email, which is not secure. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship.

Copyright © 2016 – 2024, Halberg & Fogg PLLC
JUSTIA Law Firm Blog Design