Articles Posted in personal injury

A recent report by Harvard Medical School revealed the rate of medical malpractice claims paid out in the U.S. has dropped substantially over the last 20 years – by 56 percent. Meanwhile, the average payout for successful claims has climbed by nearly 25 percent, reaching about $353,000 between 2009 and 2014, up from about $287,000 in the 1992-1996 time frame. medical malpractice

Meanwhile, health insurance rates – one of the primary justifications for imposing damage caps and other limitations on these claims, making them harder to win – have risen astronomically. NBC News reported recently that health insurance has risen almost every year, and it’s gone up faster than wages and inflation. They have risen 213 percent since 1999 for family coverage, according to the Kaiser Foundation. By comparison, wages rose 60 percent during that time while inflation rose 44 percent. Health care spending accounts for 17 percent of the U.S. economy, whereas in 1980, it was just half that.

The Florida Supreme Court addressed this very issue in its 2014 5-02 ruling in McCall v. U.S., where it ruled damage caps on medical malpractice lawsuits ending in death are unconstitutional. The court cited the Eighth Amendment’s equal protection clause, but noted the wrongful death noneconomic damage cap did not bear a rational relationship to the stated purpose, which was the alleged medical malpractice insurance crisis in Florida.  Continue reading

According to a recent news article from The Florida Record, a resident of an apartment complex filed a civil personal injury lawsuit against the complex owners, claiming she tripped in a low spot in the grass and fell, causing her to suffer various personal injuries and other damages.

personal injuryThe accident occurred in December 2015.  This being South Florida, there was no ice or snow on the ground.  In her personal injury complaint, plaintiff alleged she was had left her apartment to go the building mailroom to check to see if she had any mail waiting in her box.  Continue reading

One of the best places in the world to go boating is in Florida.  In fact, people come from all over the nation (and the world) to enjoy the Florida sun and shores.  One of the more popular activities in our area is boating, for that reason.  While boating can be a lot of fun, it can also be dangerous or even deadly.

Broward Boating Accidient LawyerAccording to a recent report from ABC Action News, Florida leads the nation in boating accidents and boating deaths.  The article first focuses on one recent accident. Four people were on a boat that was taking on water.  It was sinking a few miles off the Florida coast, and they had issued a mayday to the U.S Coast Guard.  Fortunately, for these four potential boating accident victims, the Coast Guard got to them in time, and all four were safely rescued. Continue reading

During the George W. Bush administration, so-called tort reform was a hot topic around the nation.  There were various attempts to create national tort reform that didn’t work, but states around the country tried too, and in some cases were successful.  One of those was Florida.

medical malpractice The 2003 bill, signed into law by then-governor Jeb Bush placed a cap of $500,000 on what are known as non-economic damages in medical malpractice cases, and a cap of $1 million if the injuries caused by medical malpractice were what they called catastrophic. Continue reading

While boating can be a lot of fun, especially in South Florida, it can also be dangerous. If there is a boating accident that involves negligence of the boat owner, victims may have a valid personal injury lawsuit.

Broward Boating Accidient Lawyer A recent news article from Fox 4 News discusses a fatal boating accident that occurred in Cape Coral, Florida where one child was killed and another child was seriously injured. This particular crash occurred at around 9:30 a.m. Continue reading

One of the best parts of Florida is the ample opportunity to soak up the sun. Unfortunately for a few sunbathers, this relaxation ritual turned to horror when they were allegedly run over by a Ford F-150 driving along the beach.

According to WSOC TV News, the accident involving three sunbathers occurred at a popular beach near Key Biscayne, Florida.

Broward Personal Injury LawyerVictims said they were lying on the beach, and the driver of the truck apparently did not see them.  They tried to get out of the way, but the truck managed to run over their hands and feet.  They suffered personal injuries to their hands or feet, depending on which way they were lying, but fortunately, their injuries were not considered life-threatening. Continue reading

Many people enjoy going on cruise ships for vacations, and many of these ships leave from Florida.  Fort Lauderdale is a major departure point for cruise lines, and many will fly to our city to leave from port. From Fort Lauderdale, you can head to the Caribbean, towards South America, Mexico, Canada, or you can even take a transatlantic journey across the ocean to England on the Queen Victoria or the Queen Elizabeth.

Broward Personal Injury LawyerThese large ships are like floating cities with thousands of people and all kinds of activities for adults and children.  While they can be a lot of fun, there can also be accidents, just like you would have at a land-based amusement part or other attraction. Continue reading

Florida has one of the highest boating accident rates in the country, with the most recent data from the Florida Fish & Wildlife Conservation Commission (FWC) reporting 737 reportable accidents in 2015, resulting in 55 deaths and 438 injuries. These incidents resulted in $13.5 million in property damage alone – to say nothing of the pain and suffering, medical expenses, lost wages and loss of consortium that victims incurred.

Because most boating accidents occur due to operator negligence or mechanical failures, victims can often stake a successful claim for recovery of damages. An experienced injury lawyer can help you navigate your options.

Sadly, we saw this tragic scenario play out yet again in a recent airboat crash in the Florida Everglades – just one day after the victim graduated from the University of Miami. According to The Sun Sentinel, vicitm was on the airboat with her parents and sister when the horrific accident occurred.

Broward Boat Accident Lawyer
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It’s not uncommon in situations where multiple vehicles crash on the same road in short succession that authorities and/ or insurance companies will find one or more drivers at-fault – even if the at-fault driver(s) didn’t directly strike the victim. The question is whether the person alleged to be at-fault took action that proximately caused the other vehicles to crash. motorcycle

However, when there is no direct contact, proving causation can be difficult. This is especially true when a certain amount of time has elapsed between one collision and another, as a recent case before the South Dakota Supreme Court showed.

According to court records, a motorcyclist attending a weekend motorcycle rally was traveling on eastbound on his bike along a curved highway. At around 3 p.m. this motorcyclist, who it was later determined was impaired, turned one of those curves at a high rate of speed and drove into a ditch. The impact of that collision killed him. Continue reading

Landlords of residential properties – like most all property owners – have a responsibility to ensure their site is in reasonably safe condition for both tenants and visitors.urban decay

F.S. 83.51 requires that landlords to comply with all applicable building, housing and health codes and make sure all exterior walls, foundations, steps, porches, floors, doors and windows. Plumbing has to be in usable, workable condition, screens have to be in reasonable condition and they must also provide locks and keys and make sure common areas are kept in a safe, clean condition.

When they fail in their duty, they may be held liable for resulting injuries. The only real exception would be if a tenant is harmed by conditions created or caused by tenant’s own negligence or wrongful act or by the negligent/ wrongful act of the tenant’s family or other person on site with tenant’s consent.  Continue reading