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Recently, an investigation by CNN spotlighted systematic issues with sexual assaults involving merchant shipping crews and the U.S. Coast Guard personnel responsible for policing them. As longtime civil trial lawyers representing survivors of sexual assault in South Florida, we’ve seen some confusion about how whether U.S. military branches can be sued in civil court for sexual assaults – and by whom. Florida sexual assault lawsuit

Most Florida sexual assault lawsuits name third parties as defendants. These are businesses or organizations or government agencies or employers that had a duty to protect the victim and failed to do so. This negligence is grounds for sexual assault survivors to pursue monetary damages for physical injuries, medical bills, lost wages, pain and suffering, mental anguish, emotional distress, etc.

With the U.S. military, it’s a little trickier – depending on who is trying to pursue damages. Sexual assault has been a pervasive and long-standing problem in all military branches. According to the 2021 U.S. Department of Defense Annual Report on Sexual Assault in the Military, the number of sexual assault reports spiked by 13 percent compared to the previous year. Although officials claim steady increases in sexual assault reporting indicate that survivors are more comfortable coming forward, anonymous surveys of troops don’t bear that out. They show that sexual abuse and unwanted sexual contact is on the rise, but fewer are reporting it, and fewer perpetrators are legally punished. Among female service members, 8 percent reported experiencing unwanted sexual contact in 2021. For men, it’s 1.5 percent.

Suing the Military for Sexual Assault is Complicated

Historically, military members haven’t been able to sue for sexual assault that occurred while they were serving. As our West Palm Beach sexual assault lawyers can explain, the U.S. government has for more than 70 years leaned on the Feres doctrine, which bars troops from seeking monetary damages in civil court for injuries sustained in active duty service. The one exception is medical malpractice.

However, that may be changing. Last year, the U.S. Court of Appeals for the Ninth Circuit ruled in Splestoser v. Hyten et al that the Feres doctrine (named for a U.S. Supreme Court ruling) was intended only to prevent troops from suing the federal government over injuries sustained in training and combat. It was not, the three-judge appellate panel ruled, intended to apply to sexual assault – because sexual assault doesn’t “conceivably serve any military purpose.”

The Splestoser case definitely moves the needle, but that doesn’t mean the legal floodgates are entirely open. The plaintiff in Splestoser is suing her attacker directly (for an intentional tort) as opposed to the U.S. military directly for some sort of negligence. The alleged assailant is arguing this was under the military’s jurisdiction. His argument is that he shouldn’t be held liable, the military should. But either way, this case opens the door potentially to allowing sexual assault survivors to sue the military and the U.S. Department of Defense (DOD). The ruling sets a precedent, but there’s no guarantee other federal appellate courts will decide the same. (This was in the 9th Circuit Court of Appeal, while Florida is part of the 11th Circuit.) It’s possible other circuits could decide differently in the face of a similar challenge. If that happens, the conflict will have to be certified to the U.S. Supreme Court for resolution.

This brings us to the case highlighted by CNN involving a military academy student aboard a marine merchant ship overseen by the U.S. Coast Guard. (Worth noting: The DOD reports sexual assaults and harassment are on the rise in military academies as well. There were 155 formal reports made during the 2021-2022 school year, though officials suspect hundreds more went unreported.) This case involves a U.S. Merchant Marine Academy student (attending a federal service academy), a private marine merchant, and an employee for that private marine merchant. The U.S. Coast Guard is under fire here because it is supposed to be responsible for law and order on this commercial ship and thousands of others in American ports and waterways. Further, the U.S. Coast Guard vets mariners and offers continued monitoring and enforcement of misconduct on land or while on-the-job. A serious offense could result in the marine merchant being stripped of their credentials. If a merchant mariner is accused of a crime on a U.S. flag ship, it’s the U.S. Coast Guard’s law enforcement division responsible for investigating and pursuing criminal charges. The Coast Guard also has a whole separate administrative division with the duty to investigate misconduct and strip a mariner of credentials for egregious offenses. Continue reading

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 If you’ve ever been involved in a South Florida car accident, you know the incident must be reported right away to the insurer. It’s not uncommon for insurers to request you provide a recorded statement. In some cases, they’ll insist they can’t process a claim until you do so. However, if your injuries were serious enough to require a hospital stay and time off work, it’s a good idea to hold off on this “requirement” until you’ve spoken to a West Palm Beach injury lawyer.West Palm Beach injury lawyer
There are two main reasons for this:
  1. Anything you say has the potential to be used against you. A recorded statement locks you into a specific narrative. This is not to say you need time to cook up a story or lie (you absolutely should not). However, moments of high-stress and pain could cloud your memory. If the recorded statement you give doesn’t match precisely with testimony given during deposition and/or trial, the insurer can use this to attack your credibility – which is exactly what they want.
  2. You may not be required to. If you’re dealing with a third-party insurer, you are likely under no obligation to provide a recorded statement. If your car accident injuries are serious enough that you’re engaging with a third-party insurer outside Florida’s no-fault system, you should probably be working with a lawyer who can advise you of this anyway. If you’re negotiating with your own insurer for personal injury protection or uninsured/underinsured motorist coverage (the latter of which you should definitely have a lawyer for), you might be contractually obligated to provide a recorded statement to the insurer. But it really depends on the details of the policy language. Don’t just trust vague assertions like, “we can’t process the claim until you give a recorded statement.” Such claims don’t prove you are required, and they’re intended to intimidate you into voluntarily providing recorded evidence. These questions may be designed to trip you up, and the way you answer can determine whether your claim is approved or denied. Talk to a Palm Beach car accident lawyer first.

This and similar issues have arisen before in Florida courts. In late 2006, Florida’s 4th District Court of Appeal sided with a crash survivor who argued he wasn’t required to give a recorded statement to the insurer – despite the insurer’s firm insistence.

According to court records in Arias v. Affirmative Insurance Company, plaintiff was injured in a West Palm Beach car accident and required medical care as a result. He notified his own insurer so that he could obtain personal injury protection (PIP) coverage, pursuant to F.S. 627.736. The insurance company requested the claimant appear in person for an examination under oath, with statements to be transcribed by a court reporter. The claimant was smart and contacted his lawyer before deciding what to do. Continue reading

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One of the questions people ask themselves after an accident is whether they truly need to hire an injury lawyer or if they can get by filing the claim on their own. Palm Beach injury lawyer

First thought that comes to our minds is the old adage about how you could probably pull your own tooth if you had to – but wouldn’t you rather a dentist do it?

Of course, some of it depends on the severity of the situation. Are we talking a baby tooth or a root canal?

Still, we know the lines are somewhat ambiguous as to when it’s a good idea to hire an injury lawyer, when you may be fine to wing it, and when your case is pretty much doomed if you don’t have one.

The good news is that most South Florida injury lawyers provide free initial consultations. This can go a long way in helping you make an informed choice about whether a case is worth pursuing and if you need a professional legal advocate’s help. Sometimes it doesn’t hurt to talk to a couple of different lawyers at the outset, just to get a few different perspectives on the basics of your case viability, value, and difficulty level.

In addition to injury severity, other factors pertinent to deciding whether it’s wise to hire a Palm Beach injury lawyer: Continue reading

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If you’re filing a Florida sexual assault lawsuit in civil court, there are a number of potential legal hurdles about which you should be aware. West Palm Beach sexual assault lawyer

Before diving into the details, we want to make it clear that the point here isn’t to discourage anyone considering a sex abuse lawsuit. Rather, our goal is to empower. As West Palm Beach attorneys for sexual abuse survivors, we’re fully cognizant of the fact that our clients have already been through so much. Part of our job is to make sure that those clients – and potential clients – have all they need to make informed choices about how best to proceed when it comes to a sexual assault civil lawsuit. That includes carefully explaining some of the legal snags that can stymie a case.

Why File a Florida Sexual Assault Lawsuit in Civil Court?

More than half of women and nearly 1 in 3 men experience sexual violence involving physical contact at some point in their lifetime. Not all incidents are “violent,” but no less damaging for that. (Sometimes it’s even more traumatic when a victim is made to believe they are somehow complicit or responsible.)

Accountability in these cases is often elusive in criminal courts. Even if the alleged abuser or attacker is prosecuted and convicted, the ability of the criminal justice system to compensate survivors is limited. Criminal cases may include an offer of restitution. However, unlike in a civil case, the purpose with this financial compensation isn’t solely to compensate the victim. It’s also intended to serve the rehabilitative goals that the criminal justice system has for defendants – and this doesn’t always align with what’s in the best interests of the victim.

But whatever happens on that end of things, there may be grounds to pursue liability in a civil case – typically from third parties.

Though usually not a direct legal action against the perpetrator, third-party sex abuse cases can be an effective way for victims to obtain:

  • Validation and accountability from third parties that had a responsibility to do more to keep you safe or warn you of the danger.
  • Financial compensation for the very real and very significant impact this has had on your life.
  • A safer future for those in similar scenarios. When third-parties are compelled to pay for failing to protect against the risk of sexual assault when they had a responsibility to do so, they  – and others – will take greater care to do better. Defendants in these cases are often property owners, school administrators, sports teams, and employers. People deserve to be safe in these spaces, and successful third-party liability sexual abuse lawsuits can help achieve that.

It’s true that the probability of winning – and actually collecting a financial judgment – is central to the question of whether pursuing a civil sex abuse case is a prudent choice. But it’s not the only consideration. Our attorneys can help walk you through your objectives, concerns, and strategies to overcome common legal issues.

What Obstacles May Stand in the Way of Justice?

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Palm Beach motorcycle accident lawyerWhen it comes to pursuing financial compensation for motor vehicle crashes, those involving motorcycles are unique in several respects. But one thing that is the same whether we’re talking about a Florida motorcycle accident or a car accident is that you can still recover monetary damages even if you were partly to blame.

As our Palm Beach motorcycle accident lawyers can explain, it comes down to a legal doctrine called pure comparative fault (also sometimes referred to as pure comparative negligence or contributory fault).

Outlined in F.S. 768.81, the idea is basically that someone whose negligence causes injuries should only be financially responsible for their own percentage of fault. Lots of Florida crashes involve multiple negligent parties responsible by varying degrees for what happened. When there are multiple defendants, each one might be assigned only a portion of the blame – and they’re only liable to cover their fair share of the damages. If it’s the plaintiff who is partly to blame for the accident or exacerbating the injuries, their payout will be reduced in proportion to their own fault.

While lots of other states cut off the possibility of a payout if a plaintiff is somewhere between 49%-51% responsible for their own injuries, Florida (currently) doesn’t have any such rule (though state lawmakers have been considering enacting one at the behest of insurance lobbyists).

That means that if you’re injured in a South Florida motorcycle accident and it was 99%  your fault, you can still collect 1% damages from the other at-fault party. Of course, that’s not an ideal outcome. Let’s say your damages were $100,000 and you can only collect 1% of damages. That’s only $1,000 – probably not worth the trouble of pursuing a claim. But this shows why the question of comparative fault is so fiercely contested in crash cases.

Florida Motorcycle Accident Statistics

South Florida has long been a popular destination for bikers, particularly with annual events like Bike Night Broward, Daytona Bike Week, Palm Beach Bike Week, etc. But the state has also historically had some of the highest rates of fatal motorcycle accidents in the country.

According to the Insurance Information Institute, motorcycle accident deaths are 29 times more common than those involving car occupants (when factoring vehicles miles driven). Motorcyclists just don’t have the same physical protection as others on the road, and they’re less likely to be seen and respected by other drivers. They’re also more susceptible to weather and road conditions, though the majority of fatal motorcycle crashes occur when the weather is reported as “clear.”

In 2020, nearly 5,600 people died in motorcycle crashes throughout the country, accounting for 14 percent of all motor vehicle deaths. In Florida, there were 550 motorcycle accident deaths reported in 2019. There are 590,000 registered motorcycles in Florida – not to mention that hundreds of thousands of tourists flock to the Sunshine State annually specifically for the great weather and long, flat stretches of open road.

According to an analysis by the U.S. Department of Transportation, motorcycle crash causation factors include:

  • Roadway design or maintenance issues
  • Unsafe acts by the motorcycle operator
  • Other drivers operating too close to motorcycles
  • Alcohol impairment (both in motorcyclists and other drivers)
  • Motorcyclist inexperience
  • Other drivers’ inattention (70 percent involved an inadequate visual “traffic scan” by the other driver)

Special Considerations for Florida Motorcycle Injury Claims

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One of the main questions our South Florida medical malpractice lawyers get from potential claimants at the outset is: “What are my odds of winning?” medical malpractice lawyer

It’s a prudent question to ask before getting too far ahead of yourself. The answer isn’t always straightforward – even when it’s clear a medical mistake was made and the injuries are serious.

A medical malpractice lawyer cannot guarantee you a winning outcome. That said, an attorney with extensive experience and skill can often give you a good idea of how a case is likely to go – and what legal hurdles must be overcome.

A 20-year longitudinal study of medical malpractice claims published in the journal Clinical Orthopaedics and Related Research revealed that defendant doctors prevail in 50 percent of cases where there’s strong evidence of medical negligence. This undercuts the oft-repeated (but clearly erroneous) tort reform advocate assertion that medical malpractice cases are easy wins. Further proof: That same analysis showed settlement sums directly correlated with the strength of the evidence. Basically: If your evidence is thin, you won’t get far.

This is not to say you can’t win. What it does mean is that even with strong evidence, the proof burden is high and there are likely to be significant challenges. Hiring a legal advocate with a proven track record of success is often your best shot.

Beyond that, so much depends on the specifics. Factors that can impact Florida medical malpractice case outcomes: Continue reading

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Telehealth has been around since the early 2000s, though it didn’t gain widespread acceptance by providers or patients until the COVID-19 pandemic. Now, according to a survey by the American Medical Association, 85 percent of physicians said they are currently using telehealth, and nearly 70 percent report their organization is interested in continuing to offer it permanently. It may prove especially valuable for those managing chronic diseases, care coordination, mental health, and certain specialties. Florida medical malpractice telehealth

The benefits of telehealth are extensive (greater accessibility for those in rural areas or with mobility limitations, convenience, cost savings, etc.). But it also comes with a potentially higher rate of misdiagnosis – one of the primary catalysts for Florida medical malpractice claims.

Providers can be liable for medical malpractice if they breach the standard of care during a telehealth visit and the patient suffers harm as a result. This could be due to a negligent omission, miscommunication, misdiagnosis, software malfunctions, etc. Misdiagnosis in particular is a top concern because of the inherent challenges that come with examining a patient by way of a digital health platform versus being face-to-face in an exam room. A pre-pandemic analysis by a medical professional liability firm calculated that nearly 70 percent of telehealth medical malpractice claims were related to diagnostic issues – either missed diagnosis or misdiagnosis.

What is Telehealth?

For those who may not be familiar, telehealth is when a doctor or other health care professional provides consultations, exams, diagnoses, and treatment via phone call or video chat. It’s usually done on a secure video app and/or through secure messaging systems. Sometimes, patients may be given monitoring devices that collect certain data that aid in providing a remote examination.

Some of the ways telehealth is being increasingly used: Continue reading

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Sexual assault is traumatic under any circumstance. When it happens at work, it can upend your entire life.Florida workplace sexual assault

Survivors lose not only their peace, sense of safety, and restful nights – they often also lose their jobs. Sometimes that’s because of retaliation. Other times, it’s because the survivor can’t bear to be in the same space where they were violated. Coping with rape trauma syndrome is a misery on its own, let alone having to slog through it while struggling financially, trying to land a new job, and perhaps forgoing work they once found meaningful.

Research published in the American Journal of Preventative Medicine reveals approximately 5.6 percent of women (about 7 million) in the U.S. have reported sexual violence by a workplace-related perpetrator at some point in their lives. Of those, about 1 million reported being raped. Another 1 million said they were sexually coerced. Some were just teenagers. Only about 2 percent reported what happened to police. Given that rape is a hugely underreported crime, we can reasonably presume the actual impact of this issue is even more staggering.

Employers aren’t expected to have crystal balls and anticipate every scenario. However, they are expected to use diligence in hiring. They are expected to provide adequate supervision and security for employees. They’re expected to ensure their facilities are reasonably safe. They should have written sexual harassment policies – provided to workers – clearly explaining what to do if they are a victim of sexual harassment or assault. They are expected to take prompt, effective action if harassment, assault, or abuse is reported. They are expected to refrain from retaliating against the victim for reporting what happened. Unfortunately, some employers fail to take the bare minimum steps needed to protect potentially vulnerable workers.

Workplace Sexual Violence is an Ongoing, Serious Problem

Among just a few of the more recent, high-profile workplace sexual assault claims: Continue reading

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The U.S. 11th District Court of Appeals recently affirmed a $1 million+ damage award for Florida bad faith insurance against a workers’ compensation insurer that refused to pay the policy limit for a construction accident injury that left the worker permanently paralyzed from the waist down. The case underscores the recourse available when insurers shirk their duties in an attempt to avoid paying rightful claims.Florida bad faith insurance

What is Florida Bad Faith Insurance?

Insurance companies – auto, health, workers’ compensation, homeowners’, property, life, disability, etc. – owe a duty to those they insure to act in good faith. That doesn’t mean they issue a payout for every claim. Rather, it means they can’t renege on their contractual obligations by engaging in dishonest practices to try to lowball or refuse to pay legitimate claims – or frustrate claimants so much with unnecessary red tape that they give up. Florida bad faith insurance claims can be made when an insurer fails to initiate a proper, timely investigation, tampers with witnesses, withholds evidence, makes unreasonable demands of claimants, fails to promptly settle meritorious claims, refuses to pay at all, offers to settle for far less than what the case is clearly worth, or drags their feet on payments.

As outlined in F.S. 624.155, Florida bad faith insurance encompasses a host of unethical practices, but it all comes down to this: The insurer did not attempt in good faith to settle claims when it could and should have done so had it been acting honestly and fairly toward the insured or other claimants.

As our Palm Beach bad faith insurance lawyers can explain, insurers can be maddening to deal with – and they’re clearly interested more in their own bottom line than much else. But whether their tactics fall under the umbrella of bad faith is a question for a lawyer.

Insurers tend to walk a fine line because while they aren’t eager to pay up, they also recognize that a proven bad faith insurance claim could result in them paying much more – possibly triple damages plus interest, attorneys’ fees, and court costs.

If you think an insurance company is treating you unfairly, it’s best to talk to a lawyer first. Sometimes simply involving a legal advocate who fully understands the law, the insurer’s obligations, and the claimant’s rights, is enough for the insurer to straighten up and fly right. But if it’s not, you will get the benefit of a legal expert confirming it for you – and helping you to strategically gather evidence to make a case for bad faith if it comes down to that. Continue reading

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In many ways, the true impact of Florida car accident losses is immeasurable. After all, how can one possibly quantify the death of a loved one? Or the crushing reality that permanent injuries have forever foreclosed on the possibility of doing things that once gave you so much joy? Palm Beach car accident lawyer

But when we do look strictly at those black-and-white numbers, the staggering ripple effect of Florida car accident losses is thrown into stark relief.

Almost 3,400 people die in Florida car accidents annually, according to the Florida Department of Highway Safety and Motor Vehicles. Another 250,000 are injured. If we’re solely focused on medical costs incurred as a direct result of Florida car accidents, it’s a $46 million price tag every year (per the CDC). Work loss costs? $4.35 billion.

Broadening that scope, the National Highway Traffic Safety Administration (NHTSA) just released a new 300-page report that examined the full scope of costs for traffic crashes across the U.S. in a single year.

Among their findings:

  • 36,500+ people died.
  • 4.5 million+ people were injured.
  • 23 million+ vehicles were damaged.
  • $340 billion+ is the cost America as a whole pays for motor vehicle crashes. This includes medical bills and work loss, but also taxes, congestion-related costs, excess fuel consumption, insurance premiums, emergency services costs, legal and court costs, lost productivity. $55 billion of that is in medical bills and lost wages alone.
  • That $340 billion breaks down to $1,035 for every person currently living in this country.
  • $1.4 trillion+ is the cost America pays for motor vehicle crashes when quality of life valuations are considered.

Quality of life valuations are the consideration of the cost when a serious injury or death means that no amount of medical care is going to fully restore the victim. Those who have died – they’re robbed of the entire rest of their lives. Their surviving loved ones will be impacted the rest of their lives as well. Even for those who survive, sometimes there can be lifelong disabilities, physical pain, disfigurement that sometimes prevents them from being independent in even the most basic life functions. Continue reading

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