Florida personal injury lawyer

April 15, 2021

Social Media Dos and Don’ts for South Florida Personal Injury Plaintiffs

Social media has become a ubiquitous presence in our daily lives, making it second nature to share everything from the mundane to the momentous. Those involved in South Florida personal injury lawsuits know that it can be one of those “big things” that can consume a lot of your physical and emotional energy. It would seem natural, then, to share this with others to whom you’re connected on Facebook, Twitter, Instagram, TikTok or other platforms.

As Fort Lauderdale accident attorneys, we generally advice against this. The problem is that information on social media accounts – particularly anything that relates to your accident, injury or recovery – could undercut your personal injury claim. Such posts can provide defense lawyers with a valuable source of information that refute the cause of your injury, impeach your credibility or poke holes in the amount of damages you claim to have suffered.

This isn’t to say that people posting about their case are lying about anything. In fact, it’s more likely that they post because they feel they have nothing to hide. The problem is you aren’t looking at the information through the same lens as a lawyer. The intent and implications of certain pictures, posts, videos or comments could be twisted by the defense team. It’s better to limit your social media engagement while your case is pending, if possible. If you have questions about specifics, direct them to your accident attorney. Continue reading

March 6, 2019

Florida Tort Reform Bill Could Harm Personal Injury Plaintiffs, Lawyers Say

By Ansara Law Personal Injury Attorneys

Tort reform advocates have long pushed for ways to make it harder for Florida personal injury claimants to be compensated for losses caused by negligence. While these tort reform proponents rail about frivolous lawsuits and out-of-control damage awards and greedy plaintiff lawyers and rising insurance costs, the reality is they work for the insurance industry and they’re selling snake oil. It’s been proven time and again that rules barring litigation and enforcing caps on personal injury damages do nothing to curb insurance costs or bolster industry. Our Fort Lauderdale personal injury lawyers at The Ansara Law Firm noted as much when the Florida Supreme Court said as much in 2017 when in North Broward Hospital District v. Kalitan it struck down a law capping non-economic damages or medical malpractice, rebuking legislators for predicating the law on false/misleading industry statistics. Fort Lauderdale injury lawyer

Now, emboldened by a business-friendly legislature, governor and state supreme court, Florida lawmakers are proposing a series of new tort reform measures that would once again make it more difficult for injured plaintiffs to recover sufficient damages inflicted by negligence. The first is HB 17 Tort Reform and the second is SB 1320 Damages Recoverable for Health Care Costs in Florida personal injury and wrongful death claims.

Florida Tort Reform Bill Would Protect Insurance Companies Continue reading

June 14, 2018

Florida Slip-and-Fall Lawsuit Gets Snagged on “Knowledge” Element

By Ansara Law Personal Injury Attorneys

Florida is somewhat unique when it comes to slip-and-fall cases (compared to other states and compared to other premises liability action here in Florida). Thanks to a 2010 move by the legislature (backed heavily by corporate lobbyists), people suing for slip-and-fall in Florida must prove not only that there was a transitory foreign substance on the floor of a business that caused a fall that resulted in injuries. They must also show, per F.S. 768.0755, that the property owner had actual or constructive knowledge of the substance.

Actual knowledge would be if the property owner/ controller created the mess or was directly informed of it. Constructive knowledge can be established with circumstantial evidence that shows the slippery condition had either lasted for a long enough time the property owner should have discovered it in the course of using ordinary care OR that it occurred with regularity and was therefore foreseeable.

This can be challenging, which is why the injury attorney you choose should be highly skilled and experienced with a track record of success in these cases in the last eight years since the law changed. Continue reading

May 24, 2017

Child Injured Aboard Florida-Based Cruise Line

By Ansara Law Personal Injury Attorneys

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.

These 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

July 25, 2016

Janice v. 696 North Robertson – Dance Club Liability for Sex Assault

By Ansara Law Personal Injury Attorneys

Criminal assault may not be something businesses desire, but it is something they can anticipate and take reasonable steps to prevent.

In cases where businesses do not take reasonable steps to prevent injury, businesses may be liable for damages to victims.

One such case was recently seen in California, where an appellate court affirmed a $5.42 million damage award to a woman who was sexually assaulted in a dance club unisex bathroom. Continue reading

May 22, 2016

Grimes v. Family Dollar Stores of Florida – Parking Lot Trip-and-Fall

By Ansara Law Personal Injury Attorneys

Generally, if you trip-and-fall in a landscaped area that obviously isn’t intended for foot traffic, the property owner isn’t going to be responsible to compensate you for any resulting injuries.

However, as the recent case of Grimes v. Family Dollar Stores of Florida reveals, when those landscaped areas have well-worn pedestrian tracks indicating it is regularly used as a shortcut, the potentially for liability is increased.

That’s according to Florida’s Third District Court of Appeal. The court conceded there were a number of prior cases (on which defendants relied) that established property owners/ controllers aren’t responsible when pedestrians/ shoppers take a shortcut through landscaped features that aren’t designed for or used by pedestrians. (Specifically, the court relied on Wolf v. Sam’s East, Inc.) Continue reading