Florida personal injury lawsuits are efforts to compel a negligent party (defendant) to pay monetary compensation for causing some preventable harm to the person who was hurt (plaintiff). There are, however, a number of legal defenses that can be raised to either prevent the defendant from being found legally responsible…
South Florida Injury Lawyer Blog
South Florida Teacher Sexual Abuse Case Alleges School’s Negligence
Sexual abuse in Florida schools can be the basis for both criminal charges and civil claims. A recent example involves a Naples elementary school teacher convicted last month of more than 20 counts of child molestation (sexual assault of a child under 12). He’s now serving a 25-year prison term.…
Explaining Florida’s Three Strikes Rule for Medical Malpractice
As experienced Palm Beach medical malpractice lawyers, we’re closely familiar with the 2004 Florida law passed overwhelmingly by voters with the intention of preventing dangerous doctors from practicing medicine. It’s a “three strikes” rule for medical malpractice that seems fairly straightforward: A doctor with three “strikes” of medical malpractice will…
Florida Trip & Fall Lawsuit Alleges Dangerous Sidewalk is Fault of Restaurant and City
Can a Florida restaurant be liable for the dangerous condition of an adjacent sidewalk, even if the portion of pavement in question is technically owned by the city? In a pending South Florida trip-and-fall lawsuit, the answer is: Maybe. As our Palm Beach injury lawyers can explain, more than one…
South Florida Negligent Security Claim Targets Store, Storage Unit Owner
South Florida negligent security lawsuits involve allegations that a property owner failed to use reasonable care to protect lawful guests from foreseeable harms – including crimes committed by third parties. The occurrence of a criminal act resulting in injury on its own doesn’t open the door to a civil lawsuit…
How Hard is it to Get Punitive Damages in Florida Medical Malpractice Lawsuits?
Punitive damage awards – which can potentially triple the monetary damages to which you are entitled in an injury lawsuit – are notoriously tough to obtain in Florida medical malpractice cases. Even getting judicial approval to request them requires proof of gross negligence and/or intentional misconduct – rare in any…
Florida Sexual Abuse Settlements May Absolve Future Defendants, Should Be Drafted With Great Care
When negotiating Florida sexual abuse settlements, one must exercise great care and use precise language. Failure to do so may unintentionally absolve other responsible parties of future accountability. Recently, defense attorneys for Britain’s Prince Andrew, attempting to get a federal civil sexual abuse lawsuit tossed in New York, cited a…
Can I Collect Punitive Damages for Palm Beach DUI Injuries?
Drunk driving injuries can be horrific, perhaps the more so because they are always wholly preventable. For this reason, people who have suffered West Palm Beach DUI injuries may be entitled to pursue punitive damages on top of regular (compensatory) damages. This is noteworthy because very few types of Florida…
$900k Florida Slip-and-Fall Verdict Against Wal-Mart for Slippery Bathroom
Several years ago, changes to Florida’s slip-and-fall law made it more difficult for plaintiffs to win such cases. But as a recent six-figure verdict revealed, they continue to be worth pursuing, particularly when injuries are serious and your lawyer is experienced. “Successful Florida slip-and-fall cases are those that involve injuries…
$2.6M Florida Medical Malpractice Verdict for Failure to Hospitalize Sooner
Delay in timely treatment and/or diagnosis that results in patient harm can be legal grounds to pursue a Florida medical malpractice claim against a healthcare provider. As our Palm Beach medical malpractice attorneys can explain, building cases like these requires using expert witness testimony to establish that the defendant health…