Monday, January 30, 2012

Florida Senate Passes Claim Bill to Award Eric Brody $10.75 Million

The state of Florida adopted the common law of England which included the doctrine of sovereign immunity. Under this doctrine, the government or the state could not be sued without its permission. The reasoning of this doctrine originated from medieval England because one could not sue the King, or the authority figure that made the laws on behalf of the sovereign. However, throughout the years, the Florida legislature has waived the state’s immunity by enacting statutory provisions which makes it possible for a government entity to be sued under the Florida Claims Bill.

Essentially, among other things, the claims bill allows a person to bring a lawsuit against the state, but under current law which became effective on October 1, 2011, recovery for damages are limited to $200,000 per person, or $300,000 per incident. In other words, if your Fort Lauderdale personal injury suit was against a government agency or official, such as a law enforcement officer, and the jury awarded you $1.5 million, you are required to contact your state legislator to introduce a claims bill on your behalf in the Legislature to recover the excess of the statutory limit. Unfortunately, this process could take a long time, up to 10 years in some cases.
Recently, the Florida Senate passed a claims bill that would award a Floridian, Eric Brody $10.75 million. In 1998, Brody became permanently injured when a Broward County Sheriff’s deputy, Christopher Thieman, drove at a rate of 75 miles per hour (M.P.H.) in a 45  M.P.H. speeding zone and crashed into Brody’s vehicle. At the time, Brody was a senior in high school with aspirations of attending college and on his way home at the time of the Florida motor vehicle accident. Thieman was on his way to work for a mandatory roll call. In 2005, a jury found that the deputy was negligent and awarded Brody $30.9 million for the severe brain injury he sustained due to the officer’s negligence. Also, Brody was in a coma for approximately six months, today, he depends upon a wheelchair to be mobile, and suffers from mobility and speech disabilities.

Our Fort Lauderdale motor vehicle accident lawyers are delighted that the Senate has made the Brody bill a priority this session. Last year, the bill died in the Senate when time ran out. Also, the Senate awarded $1.35 million to William Dillon for the harm he suffered as a result of spending 27 years in prison for on a wrongful murder conviction.

Moreover, the way the claims bill process operates in Florida  after a legislator has introduced the bill in the Legislature, is that a Senate claims bill is filed. A Special Master and committees made up of volunteer attorneys, known as Senate Special Masters will review the claims bill. It is their duty to determine whether or not the claims bill will have an effect on the state’s fiscal funding or local funding. If it is determine that the claims bill will have an impact on the fiscal funding of the state, the bill is referenced to a Committee on Rules and Calendar. However, in the House of Representatives, all claim bills are reviewed by a Special Master who then references the bill first to the Judiciary Subcommittee on Claims, the Judiciary Committee, and other committees. Following, the Senate and House Special Masters will hold a joint hearing to determine if the traditional elements of a negligence claim have been met; duty, breach, causation and damages. If the negligence elements are met the Special Masters will write a report and recommend to the Legislature whether or not it should pass or reject the claims bill.
If you have been injured as a result of the government’s negligence, you should contact a Fort Lauderdale personal injury attorney soon after an accident to discuss your case, and advice about your  legal options.
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Friday, January 27, 2012

Florida Dram Shop Liability

Imagine being a father of a daughter who just received news that your loved one has been killed in an automobile accident. Further, you were provided with information that your daughter had been at a nightclub, or bar and was served a considerable amount of alcohol by the bartender or waitress at the establishment. You also learned that the employees whom had served your daughter intoxicating beverages watched your apparently intoxicated daughter get into her vehicle and drive off. Our Fort Lauderdale auto accident attorneys often hear of events similar to this and recognize that this type of news is upsetting to a father and other family members who have lost a loved one. Although they know that they cannot bring their loved one back, they do want to hold the person or people responsible who knew that their family member was habitually addicted to alcohol.  
Sadly, this scenario is based upon similar facts in a recent case heard in the United States District Court for the Southern District of Florida. On the night of January 20 – 21, 2009, Titiana Fury was a patron at the Miccosukee Resort & Gaming in Miami-Dade County.  While at the premises she was served with a substantial amount of alcoholic beverages, and did so knowing that she was habitually addicted to alcoholic beverages.  Also, employees witnessed Fury who was obviously intoxicated get into her vehicle and leave the premises. Shortly thereafter she was involved in a head-on collision with another vehicle and was killed as a result of the collision. Her father brought an action against the establishment, alleging that the establishment violated the Florida’s Dram Shop Act, inter alia (among other things).
At common law,  the father would not been able to file a Fort Lauderdale personal injury suit against the establishment because under this system sellers of intoxicating beverages was not liable for injuries resulting from the patron’s intoxication. However, in recent years, Florida and many other states across the nation have enacted Dram Shop Laws. These laws makes it possible to sue a bar owner, nightclub owner, casino, or establishment that sells or serves alcoholic beverages and a third-party is injured as a result of the intoxicated person.
Under Florida law, individuals or companies who sell or serve alcohol are not liable for injuries or damages caused by the drunk driver except in two situations. First, if the drunk driver was under the legal drinking age; 21 in Florida, the individual or parties who served the alcohol can be held liable for damages. And secondly, when a person or other parties who serve a person who they know is habitually addicted to the use of any or all alcoholic beverages when the intoxicated individual injures or harms another.
Nonetheless, if you are seeking to sue an individual or party under the Florida’s Dram Shop Act you will need to hire one of our FortLauderdale personal injury attorneys.  The law is very restrictive in its application and most defendants will attempt to defend this type of action by alleging they were provided with fake documentation such as photo identification.  Evidence will need to be introduced to prove that the establishment knew that the patron was habitually addicted to alcoholic beverages. Additionally, the plaintiffs in this case initially filed this action in state court, however, when the defendants refused to accept service, the cause was heard in the District Court of Southern District of Florida. Defendants filed a motion to dismiss, claiming that it could not be sued due to tribal sovereign immunity privilege. The Court granted the defendant’s motion and dismissed the plaintiff’s case, ruling neither Congress nor the defendant had waived its sovereign immunity by agreeing to be bound by Florida liquor law license.
Further, our Fort Lauderdale accident injury lawyers represent individuals who have lost a loved one or has been injured in a dram shop related accident. Although there are limited exceptions to which the law applies, you could have legal remedies available to you. Contact us today!
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Wednesday, January 25, 2012

Florida Emotional Distress Claims

As the National Transportation Safety Board investigates the December 26 northeast helicopter crash which killed all three passengers on board, a wrongful death lawsuit was filed on Friday by Christine Hines, a family member of one of the persons killed against the company. Hines is claiming that the pilot, E. Hoke Smith and SK Jets were negligent since the weather conditions on this night were so bad with poor visibility and Smith’s decision to take off.  According to the Orlando Sentinel, on the night of December 26, the helicopter struck several trees and crashed to the ground. On board the helicopter were Dr. Luis Bonilla, Heart Surgeon, David Hines, Organ Procurement Technician, and Smith, the pilot. The three were flying from the Mayo Clinic in Jacksonville to pick up a heart for a transplant at a Gainesville hospital. Hines, who has hired a Florida personal injury attorney, is seeing more than $15,000 in damages from the Smith Estate and SK Jets, for mental pain and suffering of Hines, and her two siblings.
Under the Florida Wrongful Death Act, claims based upon emotional distress are recoverable damages for an eligible surviving relative. In Florida, an eligible surviving relative would be considered a spouse, children and parents. However, claims based upon emotional distress, mental pain, mental suffering or mental anguish was not recoverable under the common law system because at common law no civil action could be brought against a defendant who wrongfully caused the death of another person. Thus, under the common law system, if your parents were killed during a car accident as a result of another’s negligence, the defendant could be criminally punished, but you could not sue this person in civil court. But, the Fatal Accidents Act, commonly known as Lord Campbell’s Act, remedied this situation by allowing relatives of the person killed as a result of another’s wrongdoing to sue. Although wrongful death actions vary from jurisdiction to jurisdiction, most states have a statue that creates a cause of action for the benefit of eligible surviving relatives.
Yet, in Florida if you or a relative are attempting to sue an individual based upon negligent infliction of emotional distress, there are elements under the Impact Rule you must meet in order to prevail on your claim. Florida’s Impact Rule is a judicially created rule which originated in 1893 in the decision of International Ocean Telegraph Co. v. Saunders [14 So. 148 (1893)]. In short, the Supreme Court of Florida ruled that in order to recover damages based upon emotional distress; the plaintiff must have sustained a physical injury which caused his or her emotional distress during the impact.
Still, our Fort Lauderdale emotional distress attorneys are dedicated to helping those who have suffered emotional distress or mental anguish as a result of someone else wrongdoing. Whether or not the Impact Rule would be applicable to your situation will depend upon the unique facts because there are exceptions to this rule. For example, in the Zell v. Meek [665 So. 2d. 1048 (Fla. 1995)] the Supreme Court set forth the elements of a negligent infliction of emotional distress claim as follows:
1) The plaintiff must suffer a physical injury;
2) the plaintiff’s physical injury must be caused by the psychological trauma;
3) the plaintiff must be involved in some way in the event causing the negligent injury to another; and
4) the plaintiff must have a close personal relationship to the directly injured person.
Further, the Court in Willis v. Gami Golden Glades, LLC [ 967 So. 2d 846, 850 (Fla. 2007)] essentially the Court clarified the relevancy of an impact in claims involving emotional distress,
“If the plaintiff has suffered an impact, Florida courts permit recovery for emotional distress stemming from the incident during which the impact occurred, and not merely the impact itself. If, however, the plaintiff has not suffered an impact, the complained-of mental distress must be “manifested by physical injury,” the plaintiff must be “involved” in the incident by seeing, hearing, or arriving on the scene as the traumatizing event occurs, and the plaintiff must suffer the complained-of mental distress and accompanying physical impairment “within a short time” of the incident.
Also, the Impact Rule is not applicable to intentional torts such as defamation and invasion of privacy. It is always best to consult with a Fort Lauderdale mental anguish attorney for legal advice involving claims based upon emotional distress. These claims are very complex and you will need the advice of an attorney to determine whether or not legal remedies are available.
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Monday, January 23, 2012

Man Who Plead Guilty To DUI Manslaughter Files Lawsuit Against Descendant's Estate

Usually in a Fort Lauderdale wrongful death lawsuit, a relative of the descendant who died as a result of another party’s fault sues the responsible party for damages. However, a Florida man who plead guilty to three counts of DUI manslaughter in August has filed a lawsuit against the deceased driver of the other vehicle. On Christmas day in 2007, David Belniak slammed into the back of the automobile which was driven by Ray McWilliams, the now-deceased driver. ABC News reports that Maureen Deskins, who is representing the McWilliams’ estate say that, “six witnesses said McWilliams was stopped at a red light when Beleniak, at 70 – 90 mph, and never veering or braking, rear ended him”.
Our Fort Lauderdale wrongful death lawyers were taken by surprise with the filing of this suit.  At the time of the crash, authorities said that Belniak had alcohol, Xanax and evidence of cocaine in his system.  However, other news sources say that the event data recorder in the McWilliams vehicle revealed that this automobile was not moving at the time of the crash. Also, witnesses contacted the Florida Highway Patrol claiming that Belniak had been driving out of control prior to the impact. He was sentenced to 12 years in prison, which is where he remains. Whether or not the plaintiff estate will be allowed to introduce evidence of his prior driving infractions, including two DUI charges and the 1994 killing of women on U.S. Fivay Road will have to be determined in court. Belniak, however, was not charged for the 1994 killing.   
He is being represented by his sister-lawyer Debra Tuomey and alleges that McWilliams caused the crash and was negligent because he (McWilliams) made a sudden change of lanes and it became impossible for him to avoid a crash. He is seeking recovery of more than $15,000 in damages for medical expenses, pain and suffering, and loss of capacity for the enjoyment of life. Also, Deskins told ABC News that she could not think of a “tactical reason that might explain Belniak’s lawsuit”. The McWilliams estate originally filed a wrongful death action against Belniak, which is set for an April trial. And it is typical in these types of actions that when a jury finds a plaintiff’s conduct contributed to a crash, the jury is allowed to apportion fault accordingly.
Still, Belniak’s attorney claims that this is “government sanctioned assassination against one individual”. It will be interesting for our Fort Lauderdale car crash attorneys to observe how Belniak’s claims will unfold.  Also in the McWilliams vehicle at the time of the crash were three other vehicle passengers that were killed.
The Florida Wrongful Death Act controls wrongful death lawsuits filed in the state of Florida. If your loved one has been killed due to the tortious conduct of another party, you will want to speak with an Fort Lauderdale personal attorney immediately because Florida law only allows you two years from the date of death to bring an action for wrongful death. And four years for personal injury negligence claims.
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Friday, January 20, 2012

Melbourne Police Officer Beating Elderly Man Caught on Video

A video tape has surfaced which show that a 66-year-old elderly man was beaten by a Melbourne law enforcement officer. According to new sources, the video revealed that Derek Middendorf, the police officer, kicked Albert Flowers in his abdomen, jumped on top of him, choked him, and gave Flowers several blows to his head. Subsequently, another officer tased the man in the face.  However, the police officer is claiming that Flowers approached him in an aggressive manner when he responded to the 911 call which alleged that Flowers had pulled a knife on one of his employees. The police officer said that he could not tell whether or not Flowers had a knife when he approached him. Additionally, a relative of the elderly man claimed that he had warned the Flowers suffered from dementia.
Following this police beating, the officer has received a written reprimand for apparently turning off the record equipment, according to news sources. Further, Flowers has hired a Florida personal injury attorney and say that his client has sustained a brain injury and is unable to work anymore.  Additionally, Flowers was arrested for battery on a law enforcement officer.
Police officers are authorized to use force in an incident which warrants it, however, law enforcement officers are prohibited from using excessive force. Our Fort Lauderdale personal injury attorneys help individuals who civil rights have been violated by a police officer. We recognize that not all law enforcement officials commit acts of police misconduct and we appreciate their efforts in attempting to keep our community safe. Sadly, there are a few officers who commit acts of police misconduct and those are the ones which need to be held accountable for their actions.
Yet, not only can officers be held criminally responsible, but the law also allows individuals who have been injured as a result of Fort Lauderdale police misconduct. It is important that you contact a personal injury attorney to discuss your circumstances if you have been hurt in a similar situation. When your civil rights have been violated you could have a legal claim to damages.
One of the most known cases of police brutality happened in 1991 in Los Angeles. In March of that year, some Los Angeles police officers were caught on video of beating Rodney King. Footage of the video showed that three officers kicked and clubbed King while he lay on the ground. King later sued and awarded a substantial monetary compensation in his personal injury lawsuit.
While law enforcement throughout the nation often uses tasers to incapacitate a suspect, their use of these devices is still controversial. A taser is a weapon which when discharged will fire probes into a given target. The M26 and X26 are two common taser devices that law enforcement officers use. According to a study conducted by the Stanford Criminal Justice Center, each of these devices can fire two probes up to a distance of 21 feet. Moreover, although they are programmed to deploy five-second bursts of electricity, when a police officer or other operator’s finger remains on the trigger, the charge or bursts of electricity can be prolonged indefinitely.
The use of tasers can cause serious injuries. If you have been injured in a taser related or police misconduct incident, contact one of our Fort Lauderdale stun gun attorneys to discuss your case.
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Wednesday, January 18, 2012

Costa Concordia Cruise Ship Wreck Captain Denies Abandonment

On Monday, we reported that the death toll as a result of the Costa Concordia ship wreck crash was at least six, and 16 passengers were reported as missing, including some Americans. According to reports published in the Huffington Post on Wednesday, the death toll has increased to 11, and 22 remain missing. Also, a hearing was held on Wednesday to determine whether or not the captain, Francesco Schettino, should be held in custody on charges of manslaughter and abandoning ship. Schetinno, reportedly, abandoned the Costa Concordia after it crashed into a rocky reef that tore a 70m gash in the boat’s hull. During Wednesday’s hearing before an investigating magistrate, Schettino denied allegations of abandoning the ship and claimed that he tripped into a lifeboat.  A transcript of a telephone conversation between a port official and the captain has surfaced.
Apparently, the transcript suggests the captain abandoned the ship and a port official ordered him to return to the boat. But, the captain testified, “All of a sudden the boat listed between 60-70 degrees, I got trapped and ended up in one of the lifeboats. That's why I was in there. "Once it was over the side the boat wouldn't lower down into the water because it was blocked by one underneath."  Schettino has been released from Grosseto jail and sentenced to house arrest.
In light of this tragic accident, we are sure that many Fort Lauderdale cruise line passengers have several concerns and contemplate who will ultimately be held responsible for the injuries and lives lost, in the event they experience a similar circumstance. While there may be strong arguments for a legal claim based upon negligence, whether or not this is a negligence issue will depend upon a number of factors, including maritime laws which govern injuries and accidents that occur on the high seas.
Generally, a cruise line owes a general duty of safe transportation to its passengers. In the United States, cruise ships departing from U.S. ports, are considered as common carriers pursuant to the Shipping Act of 1984. And as common carriers, cruise lines owe the highest amount of care and have a duty to choose the course of action which is less likely to expose its passengers from harm.
Further, if you are a Fort Lauderdale cruise line passenger, or a resident of Florida, under Florida law, law enforcement has special maritime jurisdiction over matters in which an offense has been committed against you. Moreover, you should always retain your cruise ship ticket because there is a high probability that the fine print, which is usually printed on the back, will specify where you can file your personal injury claim. Also, it may include information regarding the time limit in which you may be able to file a claim.
Nevertheless, many of us enjoy cruising on a ship and it is a popular choice for vacations, fun and relaxation. Yet, accidents do happen. If you have experienced an injury on a cruise ship, you should contact a Fort Lauderdale cruise ship lawyer to discuss your circumstances, and be sure that you are aware of the location which your injury occurred because this could be relevant in determining which laws apply.
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Monday, January 16, 2012

Italy Cruise Ship Accident, Florida Families Were on Board

The Washington Post is reporting that some Americans  are among the missing 16 passengers of a cruise ship which capsized off the west coast of Italy last Friday. Italian prosecutors are currently investigating the cause of the cruise ship accident and the Costa Concordia cruise ship’s captain, Francesco Schettino, for manslaughter. Other reports claim that the ship’s, which is owned by Carnival Corporation of Miami, captain could be guilty of “significant human error”.  The Costa Concordia cruise shipwreck, which is also being dubbed the Italian Titanic, is being considered one of the worst cruise shipwreck disasters in recent cruise ship industry history.
Our Florida cruise accident attorneys recognize that in any situation accidents could happen. You could be driving on a highway when suddenly a distracted driver crashes into your vehicle, or you could be jogging one morning when you are bitten by a dog. The same is true when one is on vacation overseas.  This news is very devastating.  However, in an industry that has frequent travelers or maximum capacity utilization rates on an annual basis, such as the cruise ship industry, it is very likely that some form of accident will sometimes occur. In 2010, the cruise ship industry had a utilization capacity of 100 percent. 


But, what is outrageous in this specific case and similar circumstances is when the captain causes the accident to occur because of his or her poor judgment. Other sources are reporting that the captain deviated from the computerized course to show off his $450 million boat when it struck a rocky reef. The boat was carrying 4,200 passenger and crew members. The current death toll is 6, and 16 remain missing.
Moreover, our Fort Lauderdale boating accident lawyers question how much safety information and training that crew members receive. Further, how much flexibility does a Captain have in deciding whether or not to alter a route? These are troubling issues which need to be addressed and it is possible that the answers to these questions may come by the way of a personal injury lawsuit filing.
Despite this cruise ship accident happening in Italy, it also is relative to Fort Lauderdale cruise ship industry. In 2010, Fort Lauderdale, Miami, and Port Canaveral were among the top five departure ports. Also, last year, Fort Lauderdale,was the home port for the Royal Caribbean’s new 5,400 passenger ships. And given these statistics, as reported by the United States Department of Transportation Maritime Administration, it is pertinent that crew members, including captains have the sufficient training and supervision necessary to avoid preventable accidents such as this recent tragedy.
It is our hope that all the missing 16 members of the Costa Concordia are found alive and well. Also, our attorneys are here to answer any questions for passengers or for a loved one who was injured on a cruise ship accident. We are Fort Lauderdale cruise accident lawyers who understand and know admiralty and maritime law.  We will discuss and advise you of any legal issues or potential claims relative to your particular circumstance.
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Friday, January 13, 2012

Florida Lawmakers Planning to Reform Florida No-Fault Insurance Law

Now that the Florida Legislature has convened its 2012 session two months earlier than usual, lawmakers are attempting to reform the no-fault insurance law. According to the Orlando Sentinel, a draft of the House’s Personal Injury Protection (PIP) reform bill will make major overhauls to the no-fault law by mandating policies to cover only emergency care and services rendered within three days of an auto accident.
Since Florida is one of the no-fault states in the country, the Florida Motor Vehicle No-Fault Law requires that all motor vehicle owners purchase a PIP insurance policy. Under this no fault plan, regardless of who is at fault during a Fort Lauderdale motor vehicle accident, insurance coverage will be provided up to the policy limits to the owner, household residents, authorized drivers, passengers and pedestrians who do not have insurance coverage when involved in an accident. Also, under the no-fault law, the owner/registrants of an automobile with four or more wheels are required to carry a minimum coverage of $10,000 PIP insurance and $10,000 of property damage liability (PDL).
If you or your vehicle were involved in a Fort Lauderdale traffic crash, your first step is to seek medical attention immediately. Subsequently, you will need to notify your insurance company shortly after the accident to file a claim. Currently, PIP insurance policies will pay a portion of the medical expenses, loss wages, disability and death benefits as a result of a car accident. However, this amount is limited to 80% of reasonable medical expenses, 60% of gross wages loss, and $5,000 per individual death due to an accident related crash.
Further, under the Florida Motor Vehicle No-Fault Law, you have the option to choose whether or not to include a deductible in your insurance protection. If you do decide to pay a deductible, the law allows a deductible of no more than $1,000 for PIP coverage.
Additionally, according to the recent report, the House has drafted a 101-page proposal and is aimed to reduce fraud for services rendered long after crashes. If passed into law, coverage would be limited to “to things like ambulance costs, hospital treatment provided within 72 hours of the wreck, in-patient care for someone admitted to the hospital within 72 hours, or services for an insured with a medical condition diagnosed originally after the wreck”.
Also, our Fort Lauderdale accident injury attorneys have learned that both the House and Senate are planning to push for PIP reforms during this year’s session and that Rep. Mike Horner, R-Kissimmee, has filed another version to abolish PIP completely and replace it with an ER capped amount of coverage.
However, our Fort Lauderdale personal injury firm will be watching this issue closely and report on any new developments. As always, if you or a loved one has been injury in a car crash, you should contact an attorney to discuss your legal options and what role your PIP insurance coverage plays in your case. Also, remember that if you fail to maintain PIP insurance coverage on your vehicle, you could be compromising your driver license privileges in the state of Florida.
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Wednesday, January 11, 2012

Florida Depositions in Personal Injury Lawsuits

On Tuesday, January 10, our Fort Lauderdale accident injury attorneys became aware that the family of the Florida A & M University (FAMU) student who died as a result of an alleged hazing attack last semester intends to file a civil lawsuit against the owner of the bus. According to the Boston Herald, Robert Champion, Sr. and his wife Pam Champion are alleging that Fabulous Coach Lines’ negligence contributed to the death of their son, Robert Champion. The family claims that the company allowed band members to get back on the bus to conduct hazing rituals on their son when they knew or should have known about the hazing incident. The alleged hazing attack is believed to have occurred when band members returned on the bus after returning to an Orlando hotel following a football game against Bethune-Cookman University. The owner of the bus line has said that his staff did everything to get help once they became aware of the attack. Further, the autopsy ruled the death a homicide and concluded that the decendant died as a result of blunt trauma to his body and shock caused by the severe bleeding. Also, we reported earlier that three of the university’s marching band members have been arrested and face criminal charges for their alleged involvement with the attack.  
Moreover, the story is reporting that at this time the Champions are unable to file a lawsuit against the university for another several months due to Florida law governing the procedure of filing a lawsuit against a public entity. However, by commencing a lawsuit against the bus company, the family’s attorney will be able to gather documents and depose witnesses. In a Fort Lauderdale personal injury action, during the discovery phase, the deposition technique is commonly employed by attorneys to obtain witnesses statements under oath or affirmation. The statements a witness makes during the deposition are subject to the laws of perjury. Additionally, the discovery phase is a fact finding phase, and the deposition is a device to elicit statements of facts that can later be used during trial. Also, a deposition is conducted outside of the courtroom and the presence of a judge. Those in attendances include the parties, witnesses, their attorneys and a stenographer to record the proceeding.
If you are the plaintiff in a personal injury lawsuit, the opposing counsel will ask you questions and you will provide an answer. However, as simple as it may sound, there are numerous issues which could arise during this process.  For example, a frequent issue that may arise concerns whether or not the deponent is required to answer an opposing counsel’s question. Since deposition proceedings are governed under the Florida Rules of Civil Procedures, and your Fort Lauderdale personal injury attorney will be present with you during your deposition, if you are unsure how or whether not to answer any question, you are free to consult with him or her regarding this matter.  
However, prior to the deposition, your Fort Lauderdale injury attorney will meet with you to discuss the deposition proceeding, which is also known as an Examination before trial (EBT) in many jurisdictions.  It is quite understandable that you may feel a bit nervous and tense about the deposition, however your attorney will prepare you and discuss the overall goals and objectives which need to be achieved in your lawsuit.

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Monday, January 9, 2012

Spinal Cord Injuries

Our Fort Lauderdale personal injury attorneys are concerned with the number of spinal cord injuries (SCI) experienced by Floridians who are involved in various accidents. In  fact, SCI's are very serious personal injuries and according to the Centers for Disease Control and Prevention (CDC), 46% of SCI's are caused in an automobile accident, 22% from falls, 16% from an act of violence, and 12% from sporting related accidents. SCI's are the type of injuries which result from damage to the spinal column. The spinal cord, which is the central bundle of the nerves, extends from the brain and branching peripherally and is the main nerve that is responsible for transmitting signals from the brain into the rest of the body. Further, the National Institutes of Health (NIH) report that when blunt trauma or force is applied to the spine this can cause the vertebrae to fracture or dislocate. As a result of this damage, the axons become destroyed and nerve cells become unable to transmit signals between the brain and the rest of the body. Also,according to CDC data, a  SCI is a contributing factor to death and there are approximately 200,000 people in the United States living with this form of injury. 

The severity of a spinal cord injury depends on whether or not it is completed. The NIH explains that when the injury is incomplete, the transmission of messages from the brain into the rest of the body is not completely lost, and a person may be able to retain some sensory or motor functioning below the injury. On the contrary, when the injury is complete,  an accident sufferer can experience a total lack of sensory and motor functioning below the level of injury. However, a SCI survivor is most likely to suffer from a variety of medical complications which will require costly medical treatment.

Respiratory problems are often an indication of the severity of the injury, and according to the NIH, approximately one-third of those who sustain a SCI neck related injury experience breathing difficulties and require respiratory support. Further, because of the seriousness of the injury, numerous people will require extensive rehabilitative and counseling sessions to help them with skill building and for emotional support. The CDC reports that the average annual medical cost could be in the range of $15,000 - $30,000 per year; and the estimated lifetime cost is $500,000 - more than $3 million per year, depending upon the severity. Also, it is a possibility that your injury will require you to use a wheelchair in order to remain mobile. 

If you or a loved one have suffered a SCI, you should contact a Fort Lauderdale accident injury attorney immediately to discuss your specific case, since each SCI injury is unique. By consulting with an attorney about your circumstances, it is possible that you may have a legal claim and be entitle to damages. An attorney can give you the advice and answer any questions which you or your family member may have regarding these types of injury accidents.

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Friday, January 6, 2012

Woman and Child Suffer Personal Injuries in Dog Attack

On Thursday, January 5, 2012, a woman and her nine-year-old daughter suffered personal injuries in a dog attack in Lauderhill. According to the Sun Sentinel, a woman, her daughter, and two-month-old infant were walking along the 1100 block of Northwest 41st Terrace, when they were attacked by a dog. All three were taken to the Plantation General Hospital, but only the woman and her nine-year-old daughter were treated for injuries. The owner of the dog was cited for failing to keep the dog on a leash.

Moreover, based upon the CDC statistics, there were 4.5 million dog bite victims per year in the United States during 2001 - 2003. Further, the CDC reports that one in five dog bites results in injuries which require medical attention, and children who range in ages 5 to 9 are more likely than adults to have to obtain medical treatment due to a dog bite. Additionally, the CDC recommends the following to prevent a dog bite:

Spend time with a dog before buying or adopting it.
Be sensitive to cues that a child is fearful or apprehensive about a dog.
Do not play aggressive games with a dog.
Properly socialize and train any dog entering your home.
Teach dog’s submissive behavior.
Immediately seek professional advice if the dog becomes aggressive or demonstrates undesirable behaviors.
Teach children to not to approach an unfamiliar dog.
Teach children to not run from a dog or scream.
Teach children to not play with dogs without being supervised by an adult.

There are many Fort Lauderdale dog bite preventable measures the CDC recommends in order to prevent being attacked by a dog. However, if you have been bitten by a dog, you should seek immediate medical attention. Also, currently in Florida, there is a dog bite statue that imposes strict liability upon the dog owner when their dog causes another person injury.

If you are unsure whether or not the injury you received as a result of a dog bite is a basis for a lawsuit, you should contact a Fort Lauderdale dog bite attorney. Although the state imposes a strict liability upon the owner, there may be some exceptions to this general rule. For example, the courts could determine that your act was a significant factor in causing the accident to occur. If the court determines that you are partially liable, the amount of damages, if awarded, could be reduced.

However, a Fort Lauderdale dog injury attorney will help you with defending any type of comparative fault or negligence issues which may arise. Florida law recognizes that dog owners are responsible for their dogs and the injuries they inflict upon a person. When a person sustains personal injuries as a result, the law entitles them to compensation for the damages they incur. Dog bites are serious injuries, and can be the cause of death in some circumstances. Therefore, if you or your child has been attacked, you should not delay medical treatment, whether or not you think the injury is minor. Also, to learn more about your legal options contact an attorney today to discuss your case.

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Deerfield Pit Bull Attack, Second Victim This Month

Dog Attack Shootings - Who Can You Blame?

Wednesday, January 4, 2012

Issues in Slip-and-Fall Lawsuits

Fort Lauderdale slip-and-fall accidents are frequent types of personal injury lawsuits which are filed in Florida. Plaintiffs who were injured as a result of a wet substance (water or other liquids) on a floor, broken slab on concrete or torn carpet usually sustain serious bodily injuries such as broken hips, ankles, arms, along with other various personal injuries. Although there various causes, a slip-and-fall accident can happen just about anywhere including retail stores, parking lots, and in the workplace. In fact, slip, fall and trip (STF) accidents often occur in the workplace, and according to the U.S. Bureau of Labor, STF’s as a whole are the second most common cause of lost-workday injuries in a hospital.

Once a plaintiff files a slip-and-fall lawsuit, the defendant will be given the opportunity to defend in court, and normally does so by filing an Answer to the Complaint. It is normal for a defendant in this type of action to deny fault, including whether or not the accident occurred on its premises, or how the accident occurred. For example, if your accident involved a liquid substance on the floor that caused you to fall, the defendant could challenge your allegations by denying that any substance was ever on the floor, and request that the court grant a summary judgment in its favor.

 A summary judgment is a court ordered judgment against a party summarily without going to trial, and may be granted based upon the merits of the case. There are various reasons why a party may move for a summary judgment, however, some of the most common include avoiding the time and expense of going to trial, eliminate the risk of losing at trial, or when the outcome of a trial appears obvious. When a judge issues a summary judgment, the parties will be no need to a full trial, because the fact finder has determined that based upon the merits of the case, there are no disputes of material facts.  In Laidlaw v. The Krystal Co. [53 So. 3d 1128 (Fla. 1st DCA 2011)], the District Court of Appeals of Florida, First District, held that a summary judgment should be entered only when there is no genuine issue as to material fact, even the slightest doubt as to the existence of such a question precluding summary judgment.

So, what could qualify as general issues to material fact? In a recent Florida personal injury negligence action, the plaintiff Agnes Doran sued defendant Florida S.E. Inc., d/b/a Red Lobster, A Florida Corporation for damages she incurred as a result of a slip-and-fall accident . The plaintiff alleged that she slipped and fell on the bathroom floor located on the defendant’s premises. The defendant contended that the floor was not wet and that there was no evidence of a wet floor that caused the plaintiff to fall. And, one of the defendant’s employees claimed that the plaintiff blamed the fall on her shoes. However, the plaintiff contended that she did not blame the fall on her shoes, but believed that the floor was wet, although she did not observe any water on the bathroom floor, before or after her accident. The trial court granted defendant’s summary judgment and the plaintiff appealed. Although the court determined that whether or not the plaintiff slipped-and-fell on the premises was not an issue; because apparently she did slip-and-fall, the issue was whether or not the trial court erred by granting the defendant’s motion for summary judgment due to what cause the plaintiff to fall. In other words, given that there were disputed facts which were material in this case, the trial court was incorrect to grant defendant’s motion for summary judgment. The court reversed and remanded. However, this court’s decision is not final until the time expires to file motion for rehearing and its disposition.

If you have suffered a Fort Lauderdale slip-and-fall injury, you should contact an attorney to discuss all the circumstances of your case. Be prepared to provide to give a description of the location of your fall, including whether not warning signs were posted at the location, in addition to taking notes of any items may have been on your shoes.

Our Fort Lauderdale personal injury attorneys help those who have been seriously injured or hurt during one of these accidents and can provide you with legal advice and the types of legal remedies which may be available.

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Tuesday, January 3, 2012

Out-of-State Expert Witnesses Must Be Certified in Florida

Effective October 1, 2011, certain out-of-state physicians and dentists will have to obtain a Florida Department of Health certification in order to serve as expert witnesses in Florida. This new law is designed to prevent expert witness giving fraudulent statements and hold them accountable for the opinions they provide. An expert witness is a professional by virtue or his or her education, skills or experience that provides expertise in a particular subject which can legally be relied upon. Many of you who watched recent high-profile criminal trials, such as the Dr. Conrad Murray trial, observed expert witness testimony in which the prosecution relied upon to establish how the defendant doctor acts deviated from the standard of care which would be exercised by those in his profession under the circumstances. Similarly, in Fort Lauderdale personal injury lawsuits, expert witnesses are often hired to testify on issues involving causation.

In Florida, a plaintiff in a medical malpractice lawsuit is required to prove that the defendant was the cause of his or her injuries. Proving causation can be quite complex so the need for expert testimony becomes vital and can be the deciding factor of whether or not a jury will award a verdict in favor of the plaintiff.

Fort Lauderdale medical malpractice attorneys often hire expert witnesses who are qualified to explain standard of care deviations and how an incorrect medical procedure or incorrect use of medical equipment was the cause of the plaintiff’s injuries. Also, in
 Florida, it is a requirement that the plaintiff prove that the defendant’s negligent act “probably caused” the plaintiff’s injuries. That is, when expert testimony is introduced, the opinion must be more than mere speculation. The Supreme Court in Wales v. Barnes [278, So. 2d 601, 603 (Fla. 19730], reversed the district court’s decision and ruled that the plaintiff’s expert witness testimony was legally sufficient to establish that the defendant caused the plaintiff’s injuries. In Wales, the expert physician opined that it was “within reasonable medical probability” that the defendant’s use of a specific type of forceps during the delivery of an infant were not of the standard under the circumstances. In Wales, the plaintiff sued two doctors in a medical malpractice lawsuit, claiming that they were negligent when they used a certain type of forceps during the delivery of their child which caused the child to suffer serious injuries. The infant was later treated for bilateral subdural hematomas. During trial, conflicting evidence was presented which demonstrated that the child may have sustained injuries due to a nonnegligent act, such as becoming injured while traveling through the birth canal. The district court held that the defendant was entitled to a directed verdict because the plaintiff failed to eliminate any other nonnegligent causes of the child’s injuries and nor did the plaintiff offer direct proof that the injury resulted for a definite act of negligence. However, the Supreme Court reversed and held that the plaintiff’s expert witness testimony was legally sufficient to establish causation. Further, the court held that the issue of causation was the particular issue in this case was one for the jury.

However, in contrast, the court in Gooding v. University Hospital Building, Inc., [445 So. 2d 1015, 1017 (Fla. 1984)], ruled that the defendant was entitled to a directed verdict because plaintiff's expert witness failed to testify that immediate diagnosis and surgery would have more likely than not enabled the plaintiff to survive. In short, the Court ruled that the district court was correct when by recognizing that the Florida follows a more likely than not standard in proving causation.

Therefore, Fort Lauderdale medical malpractice lawyers recognize that expert testimony may become vital in your personal injury lawsuit. Because understanding causation can be quite complex for jurors, and juries are not allow to infer negligence from a bad act alone, it will be vital that expert testimony is presented in order to assist the jury in comprehending confusing medical terms, procedures and technology. If you believe that you were hurt or injured as a result of medical malpractice, you should contact an attorney today to discuss your unique situation.  

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Birth Related Neurological Injuries and the Florida Birth-Related Neurological Injury Compensation Plan

Personal Injury to Florida Woman During Surgical Procedure