South Florida Injury Lawyer Blog

How a Florida Uber Accident Lawsuit Can Be Impacted by Comparative Fault

January 16, 2024 | by David J. Halberg, Esq.

Millions of residents, vacationers, and business visitors in Florida rely on ridesharing services like Uber. The company itself reports contributing $1.1 billion in gross state product to Florida’s economy – and that doesn’t even include the UbeEATS branch of the business. But those who rely on Uber and other rideshare services should understand how the state’s new comparative fault standard may impact their Palm Beach personal injury claims.

Let’s start by explaining what comparative fault is, and how it’s changed in Florida in the last year. Florida Uber accident lawyer Palm Beach

Comparative fault in principle is the idea that everyone should be responsible for his or her own wrongdoing. So if you’re injured in a car accident caused by a drunk driver but your injuries were exacerbated by the fact that you were speeding, the drunk driver would not necessarily be 100% liable to pay for your damages. A finding of comparative fault proportionally reduces damage awards to whatever extent the plaintiff is responsible for their own injuries. So if there is a finding of 20% comparative fault due to your speeding, you can only collect up to 80% of your total damage awards.

Different states have different rules about how comparative fault is applied. Prior to last year, Florida followed a pure comparative fault model. That means that even if you were 99% at fault for your own injuries, you could still collect the remaining 1% of damages from the other at-fault party. Obviously that wouldn’t be an ideal scenario, as it would dramatically reduce your damage award. But the idea with a pure comparative fault model is that a person who is 45% responsible for causing an accident shouldn’t be off the hook completely simply because the person hurt was 55% responsible. Continue reading

Palm Beach Car Accident Lawyers Explore Why Driving is Getting Deadlier

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

Reckless drivers have caused damage and death on our roads as long as there have been motor vehicles. Although Palm Beach car accident lawyers can attest it had been getting safer in recent decades, we’re now in the midst of one of three historically huge spikes in U.S. traffic deaths.

As detailed in a recent analysis by The New York Times, the first uptick occurred early in the 20th century, when cities were first flooded with large numbers of new, unskilled drivers. The second occurred at the midcentury mark, with the unveiling of the freeway system and powerful vehicles that could go from 0 to 60 mph in mere seconds. Nearly 51,000 traffic deaths were reported in a single year in the 1960s, rivaling the number of U.S. soldiers killed in combat during the entirety of the Vietnam War.

From 1972 to 2011, traffic deaths started declining. Vehicles got safer. The government began requiring stronger roofs and doors. Seat belt laws were passed. Airbags became standard. Medical advances were made. Crashes that would have killed people in the 1960s now only result in a broken leg. Accountability for bad driving behavior, like DUIs and later cell phone use, got more stringent. Young drivers were required not only to pass driver’s education courses, but also to complete graduated driver’s license schedules before being granted a full license.

What is Considered Medical Malpractice in Florida?

December 28, 2023 | by David J. Halberg, Esq.

In Florida, medical malpractice law is complex. Even defining the term requires some explanation. When it comes to the negligence of healthcare providers, the Sunshine State has many unique laws and procedures. Not every poor medical outcome or injury at a hospital qualifies as medical malpractice in Florida. Sometimes there are barriers preventing viable claims even when the evidence strongly supports allegations of medical negligence. This is why it’s so important to work with an experienced attorney. medical malpractice lawyer

To ascertain whether an injury qualifies, our Palm Beach medical malpractice lawyers typically start by carefully considering the following:

Whether the healthcare professional had an established caregiver-patient relationship with the plaintiff.
Whether the healthcare professional’s actions – or inaction – caused harm or injury to the plaintiff.
How likely it is that there is some other cause of the plaintiff’s harm or injury.
Whether those actions fell below the applicable standard of care for someone in their position (considering education, experience, facility, region, etc.).
How long ago the healthcare’s alleged negligence took place, as well as when the harm/injury was discovered.
If the patient died as a result of the alleged medical malpractice, did they have a surviving spouse OR children under the age of 25 at the time of the incident?

Remember: The burden of proof lies with the plaintiff, or the one who is filing the case. And there is a rigorous process with medical malpractice claims just to get past the preliminary stages of a lawsuit. Working with an experienced Palm Beach medical malpractice lawyer is critical.

What Exactly is Medical Malpractice?

Florida medical malpractice laws are outlined in 766.101 to 766.203. Medical malpractice is generally understood as subpar treatment provided by a doctor, surgeon, nurse, or other healthcare provider that results in significant harm or injury to the patient. Continue reading

How West Palm Beach Injury Lawyers Identify Solid Settlement Offers

December 20, 2023 | by David J. Halberg, Esq.

In West Palm Beach personal injury cases, there is strong incentive for both sides to settle things out-of-court. Trials are expensive, time-consuming, and often emotionally-wrought. Florida statute also provides strong incentive: If either side rejects a reasonable settlement offer and the end result at trial is a judgment ends up being fairly close to that amount, the party who rejected the offer can be compelled to pay the other side’s attorney fees. personal injury lawyer West Palm Beach

As the plaintiff, even if you win, an order to pay the defense’s attorney fees can significantly cut into the amount of compensation you ultimately receive. So the question becomes: How do I know if a settlement offer is reasonable?

The best way to have high confidence is to hire an experienced West Palm Beach injury lawyer with a track record of success in cases similar to yours. They are going to instinctively have a strong sense of what your case is worth — and how to properly verify the figure they’re thinking of.

As skilled Palm Beach injury lawyers, we have a number of specific methods we employ to help us pinpoint that number.

Consider Economic Factors

You’ve heard the saying, “time is money.” That is one of the most compelling arguments for avoiding trial in a personal injury case. Sometimes they’re necessary – but they’ll almost always cost more.

The longer a case drags on:

The more work there is for attorneys, which translates to higher attorney fees for both sides.
The less the same amount of money is worth, thanks to inflation.
The more time the plaintiff will lose at work or spend traveling for court dates, depositions, etc.

Settling sooner rather than later is usually in your best interests – but only if the settlement offer is fair. It’s not uncommon for insurers to lowball plaintiffs. It’s important to have an experienced attorney who can help you decipher whether an offer is fair or not.

Retaining a Valuation Expert

Florida Sexual Abuse Lawsuits Filed Against Foster Care Nonprofits

December 5, 2023 | by David J. Halberg, Esq.

Two nonprofit organizations responsible for oversight of the state’s foster care system are accused of negligence in recently-filed Florida sexual abuse lawsuits. South Florida sexual abuse attorney

According to the Orlando Sun Sentinel, two school-aged girls alleged they were placed into the home of a man who repeatedly molested them and video recorded them in their bedrooms. Earlier this year, he pleaded guilty to federal criminal charges related to those acts.

Like many Florida sexual abuse lawsuits filed in civil court, this claim is not directly against the perpetrator. Instead, it is filed against organizations purported to have a duty to use reasonable care in protecting the plaintiffs and prevent them from becoming victims in the first place.

Jury Finds Florida Hospital Liable for Medical Malpractice, False Imprisonment, Emotional Distress

December 1, 2023 | by David J. Halberg, Esq.

Jurors in Florida recently found a renowned children’s hospital liable for medical malpractice, false imprisonment and emotional distress, awarding $220 million to the now-17-year-old plaintiff. Palm Beach medical malpractice lawyer

As our Palm Beach medical malpractice lawyers can explain, this case is unique for several reasons. First, it’s rare for a Florida medical malpractice case to involve false imprisonment, which is an intentional tort. Secondly, the case was featured in a documentary on Netflix called, “Take Care of Maya,” prior to the verdict.

The plaintiff was 10 and suffering from a chronic pain condition when her mother brought her into the hospital and told doctors she needed ketamine treatments, which are considered risky, especially for children. The girl had reportedly been given such treatments initially in Mexico, and the mother said it significantly improved her condition.

But hospital staff didn’t buy it. They didn’t think the girl was truly in as much pain as was alleged. In fact, they suspected this to be a case of Munchausen by Proxy syndrome. Continue reading

West Palm Beach Personal Injury Lawyer Deposition DON’TS

November 28, 2023 | by David J. Halberg, Esq.

If you’re a plaintiff in a Florida injury lawsuit, particularly one that’s on track to trial, it’s likely at some point you’ll need to undergo a deposition. It can be an intimidating prospect, but a skilled West Palm Beach injury lawyer can help ensure you are fully prepared. woman yellow shirt blue background swearing in at West Palm Beach injury lawsuit deposition

A deposition is a sworn statement given outside of a courtroom, but still under oath. They’re transcribed by a court reporter, and these days often video recorded. Sometimes, depositions can be done remotely. This isn’t generally the preferred method unless there are special circumstances (i.e., the witness lives far away). However, it is one that has become increasingly more common since COVID had virtually everyone on virtual video conferencing apps.

What is the Point of a Deposition?

In tort cases, depositions can prove pivotal in gathering information and evidence that will be key to the case. In general, both sides are going to leverage the deposition to question witnesses and:

Establish the events that led to the injury.
Detail the medical treatment plaintiff received as a result of the injury.
Delve into the impact the injury has had on plaintiff’s ability to work, personal relationships, and overall quality of life.
Identify inconsistencies in testimony.
Glean information from expert witnesses (if there are any) about their analysis, processes, and conclusions.

When a plaintiff undergoes a deposition, they should know that defense lawyers are likely looking for any statements that might:

Indicate you share part of the blame for what happened.
Implicate a pre-existing condition as the primary cause of your injuries.
Show your injuries aren’t as severe as you claim.
Reveal life hasn’t been as significantly impacted as you claim.
Uncover that you have not been fully truthful or consistent in your claims.

All of this can make a plaintiff feel very much “on the offensive.” It’s easy to get flustered, get loud, misspeak, etc. But when you know this is coming, you can better maintain your composure and complete the deposition without damaging your case.

Top Mistakes People Make in Personal Injury Case Depositions

Sexual Assault Lawsuit From 1970s Incident Raises Florida Time Limit Questions

November 21, 2023 | by David J. Halberg, Esq.

A woman filed a sexual assault lawsuit against singer Steven Tyler of Aerosmith for an alleged incident that occurred “approximately” around 1975 in New York. She’s the second woman to sue Tyler for sexual abuse that occurred nearly 50 years ago, though the other case was filed in California and involved abuse that reportedly went on for some time. sad blond woman dressed in black sitting in a corner with arms folded. attorneys for the sexually abused help those victimized as children seek justice as adults

As attorneys for the sexually abused in Florida, we can say with fair confidence – at least as of this writing – that such cases, all other things equal, likely would not get much traction in the Sunshine State. That is because, as it stands, our state statute of limitations on sexual abuse civil cases is much shorter.

That’s not to say this couldn’t change.

That’s what happened in New York last year, when lawmakers passed the New York State Adult Survivors Act, which temporarily eliminated the statute of limitations on civil sexual assault claims involving adult victims until Nov. 24, 2023 (referred to as a one-year lookback period). This was after the passage of the 2019 Child Victims Act in the same state that provided a one-year lookback window for survivors of childhood sexual abuse to pursue civil litigation that would otherwise be time-barred.

The limit is different from state-to-state. Continue reading

Missed Diagnosis a Common Florida Medical Malpractice Claim

November 14, 2023 | by David J. Halberg, Esq.

As a West Palm Beach medical malpractice lawyer, I recognize that it’s so many of these cases are predicated on what doctors did NOT do, as opposed to what they actually did.

In a recent Florida medical malpractice case out of the First Judicial Circuit, a jury awarded $1.7 million to the widow of a man who grew increasingly ill after doctors reportedly failed to diagnose him with a condition they should have caught much earlier.

He’d gone to the emergency room in December 2017 with pain and internal bleeding. And although he was released, he never truly recovered after that stay. He died a few years later of congestive heart failure, but it was his widow’s position (with which the jury later agreed) that if his doctors provided him with quality care during that initial emergency room visit, his other conditions would not have worsened and he’d likely have lived longer and with a better quality of life.

In medical malpractice cases, the primary question is not necessarily whether there was a bad patient outcome, heartbreaking as that can be. The issue is whether we can show:

The healthcare provider failed in their duty to provide care aligning with the standards expected of someone with their education, experience, and resources. (This is proven with expert witness testimony.)
This failure to provide care aligned with professional standards directly caused or exacerbated the plaintiff’s injuries.
The injuries sustained resulted in financial harm.

West Palm Beach Car Accident Attorney Fees When Insurers Reject Fair Settlements

November 7, 2023 | by David J. Halberg, Esq.

Dealing with insurance companies can be a pain, as anyone who’s ever been in a South Florida car accident knows. Lawmakers recognize it too. That’s why there are legal protections in place to ensure fair play. Insurers are legally bound to act in good faith when handling claims. When they don’t, courts can impose financial sanctions. hands of attorneys, seated at a table with hands on documents as they negotiate; a gavel and justice scales are on the table

One example of bad faith insurance is when an auto insurer rejects a fair settlement offer in a pending lawsuit. As our West Palm Beach car accident attorneys can explain, if the case proceeds and the plaintiff wins a judgment totaling 25 percent or more than the settlement offer, the court can order the insurer to pay the plaintiff’s attorney’s fees.

Few things to note: Plaintiffs don’t pay West Palm Beach car accident attorneys’ fees upfront. These services are provided on a contingency fee basis, meaning we aren’t paid unless or until you win. Our fee is derived as a percentage of the amount you win. But when a defendant is required to pay attorney’s fees, it means the plaintiff keeps the entire damage award and the defendant covers our fees. Insurers would obviously rather avoid that outcome.

In a recent case dealing with this issue, Florida’s 2nd District Court of Appeal held that an auto insurer’s long-delayed payment of UM policy limits – after rejecting an earlier lower settlement offer by the plaintiff – amounted to a “confession of judgment” that can be used as grounds to justify an order for the insurer to pay the plaintiff’s attorney fees. Continue reading