South Florida Injury Lawyer Blog

Filing a Birth Injury Lawsuit in South Florida

September 15, 2020 | by David J. Halberg, Esq.

For every 1,000 children born in the U.S., 1.9 suffer some type of birth injury, also referred to as birth trauma. The good news is this rate has fallen from about 2.6 for every 1,000 births since 2004, as the use of instruments like forceps and vacuums have become less common. filing a birth injury lawsuit

But if your child is one of those who has suffered some type of birth trauma, it’s important to talk with an attorney about filing a birth injury lawsuit. A baby who sustains injuries at birth can suffer lifelong consequences to one’s physical, cognitive, psychological and social development. If the cause was medical negligence, the child and his/her caregivers will need additional treatment (therapies, surgeries, special education, etc.) and other support.

Birth injury lawsuits are a type of legal action taken against the doctors, nurses or other medical professionals who may have been responsible for the child’s injuries, which can include conditions like:

Cerebral palsy
Erb’s palsy
Brachial palsy
Shoulder dystocia
Bruising or forceps marks
Fractures
Subconjunctival hemorrhage
Brain damage
Other nerve injuries
Wrongful death

Most Common South Florida Motorcycle Accident Injuries

September 5, 2020 | by David J. Halberg, Esq.

The number of motorcycle enthusiasts in Florida continue to grow. So too do Florida motorcycle accident injuries. In a single recent year, more than 550 riders and operators were killed in Florida motorcycle crashes – more than in any other state in the country, including California, which has a larger population and is also known for year-round sunny weather. South Florida motorcycle accident injuries

As our West Palm Beach injury lawyers recognize, motorcyclists are the most vulnerable group of road accident victims. And although each crash is different, certain injury patterns are noted to be more common for motorcyclists. Not only are motorcyclists more likely to be in an accident but they’re more likely to be seriously hurt – primarily because there is no heavy-duty hardware between them and the pavement. Determining the type and severity of injuries is one of the first steps to filing a claim for damages in a crash case. Continue reading

Florida Supreme Court to Decide Liability in Synthetic Pot Crash Deaths

August 30, 2020 | by David J. Halberg, Esq.

Can a company that sold synthetic marijuana to a man who later became intoxicated on it, drove and crashed, killing three people, be held liable for those deaths? The Florida Supreme Court will decide. West Palm Beach wrongful death lawyer

A jury in Tallahassee awarded family members of the three victims $37 million after the 2012 crash. The driver was a defendant in that case too. However, as our South Florida wrongful death attorneys can explain, the only hope the family would have of a payout anywhere close to that would be if the verdict against the synthetic pot manufacturer was affirmed. However, a three-judge panel with Florida’s 1st District Court of Appeal overturned that verdict in June, finding the maker of the intoxicating substance couldn’t be held liable because the sole cause of the victims’ deaths was the criminal conduct of the driver.

Now, the case is being appealed to the highest court in the state. Continue reading

Florida Sexual Abuse Lawsuits Often Involve Predators in Positions of Trust

August 22, 2020 | by David J. Halberg, Esq.

Many Florida sexual abuse lawsuits stem from a violation of trust by someone in a position of power. Cases in recent years have included coaches, teachers, health care workers, bosses, corrections officers and clergy. South Florida sexual abuse lawsuit

Although a survivor of sexual abuse by any perpetrator may have grounds to claim civil liability damages against that individual, cases with at least one third-party defendant tend to have a higher chance of success in terms of an actual payout. Many third-party defendants in sexual abuse cases are organizations, institutions and agencies that owed a duty to protect the victim – and failed.

One such case recently reported on by The Tampa Bay Times stemmed from a 2018 incident in which a 19-year-old woman was admitted involuntarily to a local hospital under the state’s Baker Act. Because there was concern she might harm herself, her family was not permitted to see her and she was assigned one-one-one mental health evaluation and care. According to the recently-filed Florida sexual abuse lawsuit, that employee sexually groomed and abused the patient over a five-day period. The employee was later fired, arrested and convicted of sexual misconduct. He was sentenced to six years of probation and required to register as a sex offender. Now, both he and his former employer are being sued. Continue reading

Florida Nursing Home Understaffing Can Lead to Patient Injuries

August 11, 2020 | by David J. Halberg, Esq.

One of the main underlying causes of elder abuse and neglect is nursing home understaffing. When a skilled nursing facility doesn’t have the staff necessary to provide each patient with an adequate level of care, it’s going to result in frustration, fatigue and mistakes. Stressed and overworked staffers are also more prone to commit acts of abuse. West Palm Beach nursing home injury lawyer

As our West Palm Beach nursing home injury lawyers can explain, understaffing is far from a new problem. A 2002 article published in the Journal of the National Medical Association found that more than 90 percent of nursing homes were understaffed back then.

Studies show that those who reside in a nursing home that is understaffed are at higher risk for:

Bedsores
Dehydration
Malnutrition/weight loss
Infections
Falls

5 Things to Know Before Filing a Florida Injury Lawsuit

August 5, 2020 | by David J. Halberg, Esq.

Most people who file a Florida injury lawsuit are brand new to the process. They may have never given the notion a second thought – until something happened to them. Our West Palm Beach injury lawyers understand the prospect can feel overwhelming. Our goal as trusted civil trial lawyers is not only to fight for a fair resolution to your claim, but also to guide you through every step as painlessly as possible.

Although every civil injury lawsuit is different, there are a few frequently asked questions and common issues that arise early on.

Here, we’re offering the first five things to know before filing a Florida injury lawsuit. Continue reading

Your Legal Options After a Florida Auto Accident With Uninsured Driver

July 30, 2020 | by David J. Halberg, Esq.

Americans have been driving less in recent months, and some auto insurance companies recently announced they’ll be extending financial breaks to policyholders through June. That may help more drivers hang onto their policies, but many have already had their coverage either canceled or reduced. Even before the Florida unemployment rate topped 13 percent, the Sunshine State had the highest percentage of uninsured drivers at nearly 27 percent. If you’re in a Florida auto accident with an uninsured driver or an underinsured driver, it’s important to understand your rights as well as the means by which you can still be compensated. West Palm Beach car accident attorneys Continue reading

Dram Shop Lawsuit Filed in Fatal Florida Drunk Driving Accident

July 30, 2020 | by David J. Halberg, Esq.

Teenage drinking and driving continues to be a serious problem in Florida and throughout the country. The U.S. Centers for Disease Control and Prevention reports that 1 in 10 teenagers (16 and older) in high school has driven after drinking at least once in the previous month. Young drivers (those under 20) are 17 times more likely to die in a fatal car accident when they have a blood-alcohol concentration of 0.08 compared to when they aren’t drinking. West Palm Beach injury lawyer

The National Highway Traffic Safety Administration (NHTSA) reported in December 2019 that 26 percent of fatal crashes in Florida involved a drunk driver (someone with a blood-alcohol concentration of 0.08 percent or higher). Seventeen percent involved someone whose BAC was nearly double the legal limit.

We all know there are criminal consequences to drunk driving, such as arrest, conviction and imprisonment. Administrative penalties can include fines, community education requirements and mandated ignition interlocks. But our South Florida wrongful death attorneys in West Palm Beach want to underscore that civil remedies may also be available to victims. As a recent fatal drunk driving case out of Gainesville shows, there may actually be several avenues of accountability. Continue reading

Serious Florida Tourist Injuries Reported at Universal’s Water Park

July 29, 2020 | by David J. Halberg, Esq.

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

Examining Liability in South Florida Scooter Accidents

July 28, 2020 | by David J. Halberg, Esq.

Earlier this year, some 750 Revel scooters were introduced to the streets of Miami after the company won a shared moped program bid solicited by the Miami Parking Authority. Now, the New York-based vehicle share company, which operates in several other major cities, has been hit with multiple lawsuits and recently announced it was suspended New York City operations until further notice following a string of serious injuries and deaths in scooter accidents. South Florida injury lawyer

The New York Times reports the change came after the second fatal scooter accident in as many weeks. One of those incidents involved a 32-year-old man killed when his scooter crashed into a light pole. Less than two weeks earlier, a 26-year-old reporter was killed while riding as a passenger after she was tossed from the scooter when the driver suddenly swerved.

The electric-powered blue scooters, which require a driver’s license to operate but no training to rent, are largely viewed as a fun, fuel efficient alternative to ride share services, taxis and public transportation – particularly attractive in urban areas at a time when the importance of social distancing is stressed. Riders must be at least 21-years-old and are required by company policy to wear a helmet. The company has been operating in New York City since last spring, and is now the subject of at least 12 personal injury lawsuits related to scooter crash injuries and reported scooter malfunctions. One emergency room doctor quoted by the Times said she’d treated as many as eight scooter crash victims in a single shift. Continue reading