South Florida Injury Lawyer Blog

Are Florida Personal Injury Lawsuits Subject to Damage Caps?

March 20, 2024 | by David J. Halberg, Esq.

Trying to figure out how much your Florida personal injury lawsuit may be worth? It’s typically one of the first questions West Palm Beach injury lawyers are asked. Many factors are weighed in the answers we give, and one of those is the possibility of damage caps. West Palm Beach personal injury lawyer

“Damages” is legalese for the amount of money paid to someone who has been wronged by another. A damage “cap” is a cutoff, the maximum amount a person can receive for certain types of damages. There are two main types of damages in Florida personal injury cases: Compensatory and punitive. Compensatory damages are paid to compensate an individual for their losses. (Within compensatory damages, there are economic damages, which are actual financial losses like medical bills, lost wages, etc., and then there are non-economic damages, which are for non-tangible impacts like pain and suffering and mental anguish.) Punitive damages are paid to punish the wrongdoer for especially egregious conduct.

Generally speaking, Florida doesn’t impose damage caps on economic damages, but does for punitive damages and some types of non-economic damages. However, this assertion comes with a few caveats. Certain types of claims against certain defendants may be subject to caps on economic damages as well. With some claims, non-economic damages aren’t even considered — and punitive damages are usually a long-shot.

Working with an experienced West Palm Beach injury lawyer can help ensure you receive the maximum among of fair compensation allowable under Florida law.

Non-Economic Damages in Car Accident PIP Claims

When it comes to auto insurance, Florida is a no-fault state. That doesn’t mean you can’t sue a driver who caused a crash that resulted in serious injuries. You can – often collecting both economic and non-economic damages (though rarely punitive damages, unless it was a DUI case). But it does mean most injured drivers/passengers are first going to have to file a claim with their own personal injury protection (PIP) insurer.

Per F.S. 627.736, PIP provides coverage for a portion of your economic damages – namely medical bills and lost wages – up to $10,000. It also offers up to $5,000 in death benefits. However, it does not cover non-economic damages, such as pain and suffering and emotional distress. (Injured motorcyclists won’t have access to PIP coverage at all.)

Damage Caps on Tort Claims Against Government Defendants

Doctors Who Paid Big Medical Malpractice Settlements Now Decide Insurer-Approved Care

March 13, 2024 | by David J. Halberg, Esq.

One might presume (or at least hope) that negligent doctors with a track record of paying large sums to settle multiple Florida medical malpractice lawsuits would have a tough time continuing to work in the health care industry. That person would be wrong. West Palm Beach medical malpractice lawyer

Not only is it rare for a doctor to lose their state-issued license to practice medicine in Florida, a new report by ProPublica revealed that several physicians repeatedly found negligent in providing patient care now earn healthy sums working for health insurers — approving or denying coverage for patient insureds.

The first example involved a surgeon who practiced for years in Brevard County, Florida — during which time he settled five Florida medical malpractice lawsuits for a collective $3 million. Among the patient allegations against him:

He negligently cut the aorta of a patient who underwent surgery for her gallbladder. She died just before her 40th birthday, leaving behind a husband and two teen daughters.
He negligently stapled and stitched a patient’s rectum to her vagina.

The surgeon denied these and three other claims against him, but ended up paying sizable settlements to each of those claimants for medical malpractice.

Those harmed might take comfort in the fact that he hasn’t worked as a practicing surgeon for a dozen years. However, he was hired to work as a medical director for a health insurance company, where he is a critical gatekeeper deciding which patient procedures will be covered by the insurer and which won’t. Not only that, he oversees more than a dozen other medical directors.

Although medical directors like him never see patients in person, they can overrule the doctors who do when they recommend medicines, tests, treatments, or procedures.

ProPublica reported that on average, a single medical director reviews 10,000+ patient claims for coverage a year. In a few cases, doctors astonishingly ruled on more than 10,000 claims in a single month. That breaks down to a single person ruling on more than 333 cases a day – and that assumes the doctor actually worked 30 days straight, which is unlikely.

Rubber-Stamping Health Insurance Coverage Denial

Judge Warns Witness Intimidation in Florida Sexual Abuse Lawsuit May Be Gross Negligence

March 10, 2024 | by David J. Halberg, Esq.

A national sports league has been accused in a Florida sexual abuse lawsuit of trying to intimidate potential witnesses into silence – an action the judge warned could be interpreted by a jury as gross negligence. Such a finding would be noteworthy because in Florida civil sexual abuse cases, evidence of gross negligence opens the door to punitive damages. That could possibly triple the amount of damages the defendant would have to pay.

Gross negligence is defined in F.S. 768.72 as conduct so reckless or wanting in care that it constitutes a disregard or indifference to the life, safety, or rights of persons exposed to it. Florida sexual abuse lawsuit by former tennis player

The United States Tennis Association, which is being sued by a young player (K.M.) alleging she was sexually assaulted by a coach while training at the USTA’s Orlando headquarters, is trying to suppress damaging testimony of another player.

In her sexual abuse lawsuit against USTA, plaintiff K.M. says the tennis organization negligently failed to protect her from an allegedly predatory coach (age 34) while she was training with him away from home as a vulnerable 19-year-old. She’d been with the organization since she was 12. She tried to quit several years in, in part citing harsh treatment from prior coaches. But the USTA reportedly convinced her to stay and specifically paired her with the coach in question.

The player whose testimony the USTA is now trying to shut down is Pam Shriver, a well-known 21-time Grand Slam doubles champ and popular sports commentator. She’s also survivor of sexual abuse who has been vocal about her experiences being preyed upon by adults in the sport as a minor.

Tennis League Lawyer Accused of Trying to Intimidate Witness

Injured in a West Palm Beach Pedestrian Accident? Here’s What to Know About Filing a Claim for Damages.

March 1, 2024 | by David J. Halberg, Esq.

South Florida has a reputation for being somewhat risky. It’s got a plethora of alligators, firearms and hurricanes. But as it turns out, one of the riskiest things you can do here is take a stroll. West Palm Beach pedestrian accident lawyer

According to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), there are an average of more than 9,300 pedestrian accidents in this state every year. As a result of those, more than 5,800 pedestrians are injured (more than 1,360 of those injuries are serious), and nearly 800 die. Risky driver behaviors, such as speeding, drunk driving, and distracted driving, contribute to these incidents and have been on the rise.

From 2010 to 2021, the pedestrian death rate in Florida rose nearly 80%, while other types of traffic fatalities increased by 25%. Florida has the third-highest rate of pedestrian deaths nationally in 2021. (In some recent years, it’s ranked No. 1.) That same year, state lawmakers passed a measure requiring the state driver education test to include a minimum of 25 questions on pedestrian and bicyclist safety.

Florida Lawsuits for Robotic Surgery Injuries

February 29, 2024 | by David J. Halberg, Esq.

Filing a Florida lawsuit for robotic surgery injuries may be warranted if adverse patient outcomes are the result of machine malfunction, surgeon error or a preventable mistake during the procedure. Such claims may be filed against the surgeon, but also potentially against the manufacturer of the robot. Lawsuits against surgical robot manufacturers would not be for medical malpractice, but rather product liability. West Palm Beach product liability lawyer

The use of robotic systems for surgeries has grown rapidly in recent decades. Specialized technology has enabled these systems to deliver precision care, even in difficult-to-reach areas, such as the heart, digestive system, bladder, prostate and more. They tend to result in less pain during recovery, shorter hospital stays, lower risk of infection and smaller scars.

However, they’re also associated with a number of serious risks, such as nerve damage and compression. What’s more, their safety may be overstated, and complications underreported. In one report published in the Journal for Healthcare Quality, researchers report that of the 1 million+ robotic surgeries performed in the last 20+ years, there were 245 complications and 71 deaths reported to the U.S. Food & Drug Administration. That figure was suspiciously low. Researchers then uncovered several incidents that were reported by the news media that were never reported to the FDA, indicating intentional underreporting. It’s likely there are additional incidents that were never reported to the FDA or the media.

Johns Hopkins Medicine reported 57 percent of surgeons anonymously reported irrecoverable operative malfunction while using a robotic surgical system, requiring them to convert the procedure to laparoscopic or open surgery. Continue reading

CDC: 1 in 5 Women Report Mistreatment During Maternity Care

February 20, 2024 | by David J. Halberg, Esq.

A new report by the U.S. Centers for Disease Control and Prevention reveals that 20% of women report experiencing medical mistreatment from their healthcare providers during maternity care. West Palm Beach medical malpractice lawyer pregnancy

As our West Palm Beach medical malpractice lawyers can explain, it is the job of fetal and obstetrical medical professionals to do their best to ensure the safest and healthiest pregnancy outcomes for their patients. Of course, with any pregnancy, labor, and childbirth, there is a risk of adverse outcomes that can include serious illness, injury and even death. But often, when healthcare professionals are meeting the applicable standard of care, that risk is significantly minimized. If a healthcare worker’s substandard care contributes to the death of the mother or serious injury to a fetus that survives birth, it can be grounds for a personal injury or wrongful death medical malpractice claim.

There is currently no provision in the Florida Wrongful Death Act that allows surviving parents to sue for the death of a stillborn fetus. It may be possible for the mother, and in some cases the father, to sue for mental anguish relating to the loss. These claims are usually as part of a personal injury claim filed by the mother. However, existing law doesn’t allow for such a claim to be made for “wrongful death.”

A bill pending in the Florida legislature would amend the law to add “parents of an unborn child” to the list of people who can file wrongful death lawsuits. It’s not clear whether it will pass, however, as it’s drawn sharp criticism from abortion rights advocates over the implications the law could have for doctors who perform abortions, medically necessary or otherwise. (It does contain a caveat that such a claim couldn’t be filed against the mother.)

Civil lawsuits for maternal deaths resulting from medical malpractice are more straightforward in the right to file a claim, but still potentially complicated. It’s not enough to show that an adverse outcome occurred while a patient was under the care of the healthcare provider in question. One must show strong evidence of medical negligence which directly resulted in an adverse outcome for the pregnant person.

Some examples of situations that may give rise to a birth or pregnancy-related medical malpractice claim include: Continue reading

What Happens if I’m in a Palm Beach Car Accident While Driving for Work?

February 14, 2024 | by David J. Halberg, Esq.

For the majority of adult working Americans, driving is a means to work — and a means for work. This is true despite the rise in remote work in recent years. If you are involved in a Palm Beach car accident while driving for work – or are hit by someone who was driving for work – there may be additional legal considerations for any subsequent personal injury claims. Palm Beach car accident attorney

The U.S. Census Bureau reports that 79% of Floridians commute to work by car each day, and the average commute time increased from 25.6 minutes in 2021 to 26.4 minutes in 2022. During that same time, the percentage of people working from home went from 18 percent to 15.2 percent.

The U.S. Bureau of Labor of Labor Statistics reports that among civilian jobs, approximately 30 percent require driving some type of vehicle for work. About 21 percent drive passenger vehicles, while 9 percent some type of commercial vehicle, such as a tractor-trailer or construction vehicle. Some occupations, such as trucker, delivery person or policing, primarily involved driving.

As our Palm Beach car accident lawyers can explain, when a car crash occurs involving someone who is working, viability of legal claims may depend on:

Whether the driver was an employee of the company (as opposed to an independent contractor).
To whom the vehicle belonged.
Whether the individual was actively engaged in a work-related function at the time of the crash (as opposed to simply commuting to or from work).

The reason this is important to investigate is that when an employer can be held accountable for a crash, there is a greater potential for higher damages. That’s because employers tend to carry higher liability insurance for their employees than those people would as individuals. Continue reading

Filing a Florida Lawsuit for Sexual Assault on a Boat

February 5, 2024 | by David J. Halberg, Esq.

When sexual assault occurs on a boat off the coast of Florida, survivors can understandably be a bit perplexed about their options for legal recourse. What jurisdiction is in charge? Who can be held responsible? How much time is there to file? West Palm Beach sexual assault lawyer

At Halberg & Fogg, our West Palm Beach sexual abuse lawyers are committed to the fight for accountability in the wake of such offenses. We know that survivors of sexual assault often have a number of legal options, but it’s imperative to be deliberate in the actions we take. A misstep could mean wasted time, added trauma for survivors and potentially lost opportunities to pursue justice.

The jurisdiction (court that has authority) and the laws that will apply in a civil sexual assault lawsuit stemming from an incident on a boat will depend on a few things.

These are: Continue reading

How Privatization Leads to More Florida Medical Malpractice Problems

January 31, 2024 | by David J. Halberg, Esq.

Privatization of the medical industry – from nursing homes to hospitals to home health care companies to primary care doctors – is increasingly becoming the norm. Recently, a new study showed that adverse medical outcomes are more likely in privatized healthcare facilities. This is unsurprising to any Palm Beach medical malpractice lawyer.

Published in the peer-reviewed Journal of the American Medical Association, the analysis revealed that in three years after a private equity firm purchased a hospital, the number of negative medical outcomes among patients soared. Surgical infections, bed sores, falls – these sorts of adverse medical events collectively rose by 25 percent. Central line infections in particular rose by 38 percent. Falls by patients staying in the hospital were up 27 percent. These are the sort of incidents that should never happen. And most telling was that in similar hospitals that were not privately-owned, the rates were not rising.

There was a 5 percent drop in the number of patient deaths. However, researchers noted that could be explained by a tendency toward admitting healthier patients who otherwise might have been sent home. Such practices not only skew death rates, they also drive profits.

Those who have studied hospital safety extensively point to this as the first data that strongly points to quality problems at hospitals that are taken over by private equity companies. Continue reading

Suing for South Florida Sexual Assault in the Workplace

January 24, 2024 | by David J. Halberg, Esq.

Filing a lawsuit for South Florida sexual assault in the workplace is a daunting prospect. Ultimately though, many plaintiffs find it provides vindication, justice, and much-deserved compensation for the physical pain and emotional trauma suffered in a place they had every right to expect safety.

A recent high-profile example of alleged sexual assault in the workplace made headlines recently. Singer, celebrity, and American Idol star Paula Abdul recently filed a lawsuit, alleging repeated incidents of sexual assault and sexual harassment involving a television executive. Named defendants in the Superior Court of Los Angeles sexual assault lawsuit include the executive as well as several production and media companies that employed and/or contracted with both Abdul and the executive on two separate popular TV shows.

According to the complaint, Abdul contracted with the two hit entertainment competition shows, American Idol and So You Think You Can Dance, which she worked on from 2002 to 2009. She alleged she was bullied, harassed, and unfairly compensated almost from the start of the show. Much of the harassment stemmed, she alleges, came from this one particular TV executive. This included verbal sexual harassment, but also sexual abuse, she says.

During one early season regional competition, she alleges the executive approached her when she was alone in an elevator, forced her against a wall, groped her, and shoved his tongue down her throat. She fled the elevator in tears and immediately called one of her reps. However, she ultimately decided to take no immediate action for fear of being “blackballed.”

A few years later, when she was in talks to contract on the second show, the executive invited her to his home for what he thought was a business meeting. The two talked about the show and their professional collaboration. However, toward the end of the evening, the executive reportedly forced himself on top of her while she was seated on the couch and tried to kiss her. She rejected him and immediately left. Again, she did not report this incident, fearing retaliation and ostracization in an industry known to protect powerful men. (Our Palm Beach sexual assault attorneys would note this points to just how powerful such fears can be, considering they impacted even an international superstar.)

In another incident, she says the same executive sexually assaulted her assistant, pressing up against her and groping her from behind in an unwanted advance.

In her sexual assault lawsuit, Abdul alleges that not only was the executive liable, but so too are the media and production companies, saying each is responsible in some manner for one or more of the events, either approving or ratifying the conduct of other defendants.

Statistics on Sexual Assault in the Workplace