On May 16, 2008, plaintiff Alcira Marcella Britt was hit by drunk driver Shanna Clayton who was employed as an exotic dancer at Club Lexx in Miami, Florida. Ms. Britt was obeying the law and driving safely when Clayton’s car crashed into hers, leaving her seriously injured. Britt’s injuries caused…
Miami Accident Lawyer Blog
Miami Club “The Spot” Hosts Minors and Gun Violence
Liberty City nightclub, The Spot, was the scene of a massive shooting on Sunday, September 28th early in the morning. The nightclub which is located at NW 7thave and 64th street in Miami, was hosting a party when gunfire broke out randomly throughout the club. According to sources, 15 people…
Failure to Understand Rules of Appeal Prevents Plaintiff From Recovery
When a personal injury case goes to trial, many attorneys are prepared for the trial itself. They may line up witnesses, prepare evidence, and have a good working knowledge of trial rules. But many attorneys don’t realize how important it is to not only understand the rules of evidence at…
Florida Supreme Court Strikes Down Caps on Medical Malpractice Damages
Normally in a jury trial involving personal injuries, a jury is free to award as damages whatever amount they see just and fit, based upon the evidence presented. Traditionally there has been no cap or maximum on an amount that can be awarded, again, so long as the award is…
Despite $4.3 Million Verdict, Texting and Driving is a No-Win Situation
Florida’s laws banning texting and driving are relatively new, and have been scorned for not being tough enough. That may be true as far as criminal penalties, but when it comes to asserting a claim for injuries in civil court, anything that distracts drivers can lead to significant liability when…
Bad Jury Instructions Can Lead to Problems Later On
When a personal injury case gets submitted to a jury, the jury doesn’t just automatically know what questions it must decide on, nor does it know what kind of law applies. It’s up to the parties, at the conclusion of a trial to instruct a jury to give them guidance…
The Truth About Dog Bites
There are some legal fictions that seem to exist no matter how true or untrue they are. One such fiction is the so-called “one free bite rule.” This is the belief that a dog can bite someone the first time without the owner being liable, but the second time there’s…
Miami Judge Declares Florida’s Workers’ Compensation Laws Unconstitutional
In a bold decision, Miami Dade’s Judge Cueto struck down Florida’s Workers’ Compensation statute as unconstitutional. The ruling is considered a victory for injured workers. The History of Workers’ Compensation Before workers’ compensation, employees injured on the job sued their employers in the same manner other victims sued over their…
The Confusing Laws for Victims With Only Emotional or Mental Damages
Victims of injuries very often suffer not only physical injuries, but emotional ones as well. Anxiety, fear, post traumatic stress disorder, and any number of mental ailments are natural consequences of injury, and damages for these injuries can be recovered from a liable party in a personal injury suit. But…
Suing the State Can Be an Uphill Battle
If you are injured by an agency of the state or city government, or any public entity, you are entitled to recover damages for your injuries. Governments, just like private companies, can be sued for negligence. However, government entities are often protected by what is known as “sovereign immunity,” a…