When people are injured because of the negligence of another, it may be natural to think that filing a lawsuit is the immediate next step in order to get reparation for injuries. But in fact, there are many steps that often occur before a lawsuit is filed, and which are…
We often hear about punitive damages in movies or on TV. It seems easy to get them, if you believe Hollywood’s interpretation of punitive damages. But in Florida, punitive damages are not easy to get, and there is even a special statute that dictates when and how punitive damages can…
It’s pretty basic that when you are litigating a case involving personal injuries, you need evidence to prove your case in court. In fact, much of what happens before trial involves disputes over what evidence can be obtained and which evidence the negligent defendant is not required to produce. One…
The Florida Supreme Court, in an important decision, has changed the way that so-called exculpatory clauses are interpreted. Its decision unfortunately broadens the effectiveness of these agreements, and thus, makes it harder for those catastrophically injured by the negligence of a business, or while on a business premises, to recover…
It seems that more cars including additional GM products are facing recalls based on design and manufacturing defects. Some of the problems are those that could potentially cause serious or catastrophic injury, reminding us that often our vehicles may not be as safe as we believe they are, and that…
If you are injured in an accident, and the negligent party was drunk and under the influence of alcohol, it may appear that your case is a slam dunk. Generally speaking from a liability standpoint this may be true. However, collecting from the insurance company for the full amount of…
If you file a lawsuit to recover damages for injuries you sustain, in most cases, you can expect to be called to sit for deposition. Movies and TV have ingrained in us that depositions are scary things. But if you’re properly prepared, and understand how the process works, depositions are…
In a personal injury action, under Florida law a Plaintiff must show the elements of 1.) Duty 2.) Breach 3.) Causation, and 4.) Damages. When we are injured by the negligence of another, especially when we are injured on the premises or property of a business, it’s common to think…
The sad fact is that in many catastrophic accidents in death results. When there is a death, it is left to the estate of the deceased to pursue any claims against third parties. But there are still certain areas where the right of an estate to bring a claim is…
This tragic injury story happens all too often in South Florida: Someone is served alcohol, gets drunk, drives, and kills or injures someone on the road. We all know this kind of behavior is illegal. But often the question becomes what liability the bar has for serving the alcohol when…