South Florida Injury Lawyer Blog

Florida Claims Bill Grants 9-Year-old Girl $18.2 Million for Department of Children and Families Error that Led To Her Traumatic Brain Injury

May 27, 2008 | by David J. Halberg, Esq.

9-Year-Old Florida resident Marissa Amora will receive $18.2 million over the next 11 years for her serious personal injuries caused in part by Florida’s Department of Children and Families’s negligence.

A Florida jury had awarded Amora’s family over $26 million, but Florida lawmakers must approve court-ordered awards over $200,000. Earlier this month, Florida Governor Charlie Crist signed the claims bill awarding Amora the 18.2 million. Marissa will receive $2.9 million this year, and her family will continue to receive additional payments over the following years until she receives the full amount.

The jury ruled that the DCF was 75% liable for Marissa’s catastrophic traumatic brain injuries and abdominal injuries. Marissa had been admitted for one month to Miami Children’s Hospital in 2000. Upon her release, the DCF decided to return Marissa to her biological mother even though several hospital social workers reported that they suspected that Marissa was an abuse victim.

Marissa, who was 2-years-old at the time, was readmitted to the hospital several weeks later with broken bones and a traumatic brain injury. Doctors believe that Marrissa was swung by her legs and smashed onto the floor or the wall.

Now, Marissa can only eat with a feeding tube, is unable to walk, and has the developmental skills of a 3-year-old. The compensation is intended to provide for her ongoing medical care for the rest of her life.

Please contact our South Florida personal injury law firm if you or someone you love was seriously injured because of another party’s negligence or carelessness. You may be entitled to financial recovery for medical costs, ongoing medical care, mental and emotional trauma, and other associated losses.

Abused Florida 9-year-old to receive millions for DCF mistake, News-Press.com, May 6, 2008
Crist signs bill giving Lake Worth abuse victim Marissa Amora $18.2 million, PalmBeachPost.com, May 6, 2008

Related Web Resource:

Florida Department of Children and Families
Continue reading

Port St. Lucie, Florida Man Sues Jensen Beach McDonald’s For Premises Liability-Related Shooting That Resulted in Traumatic Brain Injury

May 22, 2008 | by David J. Halberg, Esq.

John Mario, a Port St. Lucie, Florida man who suffered a traumatic brain injury after being shot in the head during a robbery in the parking lot of a McDonald’s restaurant in Jensen Beach, is suing the fast food company for personal injury. He filed his lawsuit last week in Marion County Circuit Court.

Mario alleges that McDonald’s failed to provide adequate security to restaurant patrons. He was eating in his truck in the parking lot on January 6, 2006 when Quentin Alexander Bradley, 19, tried to rob him. The Fort Pierce resident was armed.

Police reports indicate that the two men struggled and the gun went off. Mario sustained a serious traumatic brain injury. He can no longer work and his motor and speech skills are impaired.

Mario and his wife are demanding damages because they allege that McDonalds knew that their restaurant was located in a high crime area and should have done more to ensure that patrons were protected while on the premise.

Bradley was convicted to life in prison after pleading no contest to attempted murder, and burglary, and robbery charges.

Premises Liability Accidents
Property owners and managers in Florida are legally obligated to make sure that patrons, visitors, residents, and workers are safe from harm. Failure to exercise this duty of care and eliminate any potentially hazardous conditions can lead to serious injuries and wrongful death.

Common kinds of premises liability accidents include, slip and fall accidents (a hazardous condition on the property causes a victim to slip/trip and fall and get seriously hurt), inadequate security (failure to implement the proper safety measures to prevent crimes from occurring to victims), and falling merchandise (failure to secure objects, furniture, inventory, and other items so that people aren’t injured by falling objects).

If you or someone you love was seriously injured in an accident in Port St. Lucie or any other city in South Florida that was caused by another party’s negligence or carelessness, contact one of our South Florida personal injury attorneys in Miami, West Palm Beach, and Pt. St. Lucie, Florida.

Shooting victim sues Jensen Beach McDonald’s; seeks trial, TCPalm.com, May 14, 2008

Related Web Resources:

Jensen Beach man who aided prosecutors gets harsher sentence than robbery accomplice

Traumatic Brain Injuries, National Institute of Neurological Disorders and Stroke Continue reading

Florida Family of Tampa Police Officer To File Wrongful Death Lawsuit Against Pasco County Following Deadly Motor Vehicle Accident

May 20, 2008 | by David J. Halberg, Esq.

In Florida, the wife and children of Tampa Master Patrol Officer Victor Guerrero say they plan on suing Pasco County for his wrongful death. The 20-year police veteran died on May 1 when his motorcycle was struck by a government Ford F-150 pickup. The truck reportedly crashed into the motorcycle while turning left in front of it on US 41. Guerrero was thrown across the lane and onto the shoulder of the road.

The family reportedly plans to sue the county for $200,000 in damages. This is the maximum allowed under Florida law related to civil lawsuits against governments. Guerrero’s family intends to ask the Florida Legislature to pass a claims bill that will let them receive damages above this financial cap.

The Florida Highway Patrol is continuing its investigation of the crash. The motor vehicle driver, county employee Daniel Whipple, says he did not see Guerrero’s motorcycle.

Motorcycle Accidents
If you or someone you love was seriously injured in a Florida motorcycle crash, one of our South Florida motorcycle collision lawyers can discuss your injury case during a free consultation.

The state of Florida does not require motorcyclists to wear helmets. This makes it even more important for motorists to take extra care when sharing the roads with motorcyclists.There were 521 motorcycle deaths in Florida in 2006. The National Highway Traffic Safety Administration says that 4,810 motorcyclists died across the United States during the same year.

Motorcycle riders are prone to serious injuries when they are involved in motor vehicle accidents. They don’t have anything-except for protective gear-to protect them from the force of a crash or being thrown from their motorcycle onto the road. Motorcycle collision injuries can include spinal cord injuries, traumatic brain injuries, severe burn injuries, and permanent disfigurement.

Our South Florida motorcycle crash lawyers can help you file a claim or lawsuit for financial recovery against the negligent party. We have law offices conveniently located in Miami and West Palm Beach and we work with clients throughout Florida.

Officer’s Family To Sue County Over Fatal Crash, The Tampa Tribune, May 19, 2008
The Florida Wrongful Death Statute

Related Web Resources:

Motorcycle Safety Awareness Month, Motorcycle-USA.com, May 5, 2008

Motorcycle Safety, NHTSA Continue reading

Florida Child Sex Abuse Lawsuit Blames Ft. Lauderdale Church For Failing to Protect Teenager From Adoptive Father

May 19, 2008 | by David J. Halberg, Esq.

In Broward County, Florida, the aunt of a teenage girl who was sexually abused by her adoptive father is suing Calvary Chapel Fort Lauderdale and its school. The Florida sex abuse lawsuit alleges that the church failed to protect the then-15-year-old girl from the sexual advances of Rodger Allen Thomas, who would visit her at the Calvary Christian Academy. The girl’s aunt is asking for $3 million in damages.

Church officials say they did not know the abuse was taking place until Thomas was arrested. They say that the lawsuit is the first time they were aware that any abuse incidents occurred at the academy. The church pastoral service reportedly tried to help the girl but she denied the abuse was taking place.

The girl’s aunt, who is her temporary guardian, says that the teenager’s stepfather had told the church that he had concerns about the adoptive father’s treatment of the girl. He says he went to academy officials after he found the girl in Thomas’s bed.

The girl’s aunt says that the church was negligent because it opted to handle the case “in house” rather than involving the Florida police.

Thomas is a church member. Thomas, his wife, the girl’s stepfather, and her stepfather’s fiancé are all employed by the church. The four of them had been battling for custody of the girl.

Thomas was arrested in 2006 for sexually abusing her. He pleaded no contest to three counts of sexual battery and was sentenced to 10 years in prison.

If you or someone you love is the victim of sexual abuse, do not hesitate to contact our South Florida personal injury law firm right away. Our Ft. Lauderdale sexual abuse lawyers have the experience and resources to successfully pursue a sexual abuse claim or lawsuit against the negligent party or parties responsible for your pain and suffering.

There may even be third parties, such as a premise owner who did not take the proper measures to prevent the sexual abuse from happening, that can be held liable for your injuries.

Fort Lauderdale church denies fault in lawsuit that alleges sex abuse of girl on campus, Sun-Sentinel, May 18, 2008
Abuse Tracker, Bishopaccountability.org

Related Web Resource:

Calvary Chapel Fort Lauderdale
Continue reading