Florida Personal Injury Lawsuit and Res Judicata

One of the benefits of hiring a Florida personal injury attorney to file a lawsuit on your behalf is the comfort you can enjoy in knowing that your attorney will fight for compensation which is fair for you. Attempting to recover compensation for your injuries when you or a family member has been injured or harmed due to another’s negligence can be very difficult. Also, if you are awarded monetary compensation in your case, but later became aware of additional damages, you may not be able to sue the person or company responsible for your injuries in a second lawsuit. This is because Florida courts recognize the legal principle known as “res judicata”.

Res judicata is a Latin phrase which essentially means that the matter has already been settled and a defendant in a Florida personal injury or medical malpractice lawsuit is entitled to this defense. Basically, under this legal doctrine, you cannot sue a person or a business when the claim could have been argued in the first claim, for additional compensation or when your second claim is against the same defendant for the same injury. However, if you believe that facts in your case are different from those in a prior case in which you already have sued a defendant and are attempting to sue a second time, you should speak with an attorney that specializes in personal injury litigation.

Res judicata is common law preclusion, similar to collateral estoppel. It is very common for these two concepts to be used interchangeably. However, collateral estoppel is issue preclusion, meaning that it prevents the re-litigation of an identical issue. In short, since res judicata is tied to the events of a case courts usually will evaluate the events in order to determine if res judicata is applicable. If the circumstances of a case involve the same issues against the same parties that were actually litigated in a court of competent jurisdiction, then it is likely that the defendant would invoke the defense of collateral estoppel and possibly win the lawsuit.

There are a substantial number of rules and legal doctrines that are applicable to the various personal injury lawsuits. Which is why it is a necessity to consult with one of our Fort Lauderdale accident attorneys to obtain the advice you will need prior to filing a Florida lawsuit by yourself or agreeing to a settlement offer. These kinds of challenges are common in this form of litigation and could result in you losing your lawsuit. 

If you have been recently hurt due to someone’s negligence, or you have a family member that was injured or killed as a result of another’s wrongdoing, contact our office shortly to discuss your case with one of our Fort Lauderdale personal injury lawyers. It is possible that you may have a valid legal claim to sue the person responsible for causing your injuries. Since each case is different with different factual circumstances, it is important that you obtain the proper legal advice you need.

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Federal Officials Investigating Cause of Chrysler Jeep Wrangler Fires

The National Highway Traffic Safety Administration is currently investigating the cause of fires in the 2010 Chrysler Jeep Wranglers. The investigation which began on March 28, 2012 by federal officials after reports of 23 fires involving this model surfaced. Fortunately, no one was fatally injured, however at least four people suffered minor personal injuries-three were burn injuries, and two homes were damaged. According to Fox News, investigators have expanded their investigation and are now asking the automobile manufacturer about the 2007 – 2012 Wrangler models.  

Currently, investigators are probing into overheated transmission fluid or electrical wiring as the source of the fires. Chrysler has until May 22^nd to respond to the agency and could be subject to a recall of their vehicles. While there are many reasons that an automobile or SUV could catch on fire, among the most common causes are due to manufacturer negligence. Further, it is unfortunate that defective automobiles are placed into the market since there are numerous of safety precautions car makers could take before their dangerous products are purchased by consumers. However, when car manufacturers do not follow preventive measure or implement safeguards, tragedies such as an electrical fire or a brake malfunctioning can cause consumers to sustain serious personal injuries, or death.

In Florida, it has been well settled that manufacturers are liable when the products they make causes buyers to suffer a harm or injury. In the event a death has occurred it is the family who is usually compelled to hire a Florida personal injury lawyer to investigate the cause of their loved one’s death when they believe that a defective automobile or truck contributed to the loss of their beloved. Our attorneys represent persons who have been harmed as a result of negligence, including the negligence of automobile manufacturers. There have been several Florida families who have obtained compensation in which the law entitles them to for their physical, emotional and financial damages. 

Attempting to sue a car maker without the assistance of a lawyer can have a negative impact upon the life of an injured person or their family member. First, the law will require that the product was made by the manufacturer and that it had a defect that caused the injury. This process can be very complicated since it usually requires technical information about specific parts of an automobile or SUV and in many cases which only an expert can present. Without the assistance of a Fort Lauderdale accident attorney obtaining this type of evidence can be very challenging. Also, without the sufficient knowledge about the extent of an injury or the long-term effects a serious injury can have in a person’s life, an injured person may believe that a settlement is in their best interest.

However, our Fort Lauderdale car accident attorneys are here to help protect the rights of a car burn sufferer, an automobile crash injured party, or anyone who has suffered a personal injury in a variety of circumstances in the state of Florida. If you or a loved one has been recently hurt or injured in an automobile related accident, contact our office soon to speak with one of our attorneys to learn about your rights. 

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Man Killed in Florida Boating Accident

Officials of the Classic Race Boat Association say that the annual Classic Race Boat Regatta is not a racing competition but rather is vintage showcase. This annual event is known to attract thousands of spectators, including the 8,000 to 10,000 watchers who attended last week. Unfortunately, similar to the Key West World Championships held last November, tragedy struck on Saturday. Investigators are currently looking into the cause of death of a boater. What is known thus far is that Mark Van Winkle and Lorraine Moody were ejected from their boat, and Van Winkle was struck by another boat and was killed. It is unclear how the boat struck Van Winkle or whether or not his death is associated with drowning or from personal injuries he may have sustained in this Florida boating accident.  

While there are many reasons for a boating accident to occur, the most common causes are due to operator inattentiveness, alcohol/drug use and excessive speed. It is being reported that the vessels in this event traveled between 70 and 80 miles per hour. Moreover, under Florida law, there are several rules and regulations which have been enacted in order to reduce the number of waterway accidents. Boaters are reminded that when operating a vessel in a speed zone which is posted as an Idle Speed-No Wake zone, the operator must operate at the minimum posted speed and when traveling on a “Slow Down-Minimum Wake” speed zone, operators must operate fully off plane and completely settled in water. In addition, the vessel’s wake must not be of the kind to create an excessive or a hazard to other vessels.

Our Fort Lauderdale boating accident attorneys recognize that activities like boating can be a fun and relaxing recreational experience and that there are hundreds of individuals each year who engage in this activity. However, if you are considering participating in the sport, it is best to become informed about the rules and regulations of the waterways, including any safety and educational requirements. Statistics indicate that boaters who take a boating safety course are less likely to be involved in a boating accident. Boaters can learn what laws may be applicable to their situation by contacting the either the Florida Department of Highway Safety and Motor Vehicles, or the Florida Fish and Wildlife Conservation Commission.

Also, in 2010, there were approximately 668 accidents that involved 339 injuries, the most common injuries were lacerations, broken bones and head injuries. These are serious injuries that often results in the injured party having to undergo extensive medical and rehabilitative treatment that is very costly. Besides personal injuries, each year boating accidents have resulted in massive property damage that could cost well in the millions of dollars. If you have recently been injured or harmed as a result of boating accident, you will need the experience of a Fort Lauderdale personal injury attorneys who can help you recover any damages that you may be legally entitled to, including monetary compensation for medical expenses, funeral costs, and pain and suffering.

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Florida Personal Injury Protection (PIP) System - Legislature Passes Proposals

 Last week we reported that the 2012 sixty-day Florida legislative session would wind-up on Friday, March 9 and that there were a few issues that remained in order for the Legislature to enact new laws that would reform the state’s personal injury protection (PIP) insurance system. Today, we learned that a softer version to the House and Senate proposals were passed by our lawmakers. Under the new system, on the condition that Governor Rick Scott signs the bill, persons who are injured in a Florida motorvehicle accident will have to seek medical treatment within 14 days from the date of the accident-and preferably at a hospital emergency room. Moreover, the new law will ban payments to acupuncturists and therapists.

Also, our Fort Lauderdale personal injury lawyers have warned clients about recent PIP fraud schemes and the state of Florida is taking this issue seriously. In addition to the aforementioned reforms, the Legislature also created an association to fight PIP fraud. Fraudulent PIP claims is severe blow to our state’s economic vitality and for our honest taxpayers who have suffered enough by paying costly insurance premiums. When lawbreakers attempt to get rich quick in schemes such as accident staging, insurance companies must raise their rates which are thus passed to our law-abiding consumers. It is reported that PIP insurance fraud costs the U.S. $80 billion each year. Therefore, if you know of a medical organization that is involved in an accident staging scheme, or schemes to swindle the PIP system, you need to contact law enforcement officials immediately or report them to the Florida Division of Insurance Fraud.

The agency has been very active in the prosecution of those responsible of deceiving the system. Since February 2012, the Division has received thousands of suspected PIP fraud cases that has contributed to the 20 percent increase of fraud cases reported over the last fiscal year. The Fort Lauderdale accident attorneys at our law firm represents those who have been harmed or injured in an accident related occurrence. If you have a case that you believe your injuries were caused by the intentional or negligent conduct of a person or company, you should consult with them concerning your case. Moreover, if you believe that your treating medical provider may be committing acts of fraud, you need to discuss this with our attorneys. Failing to do so is more than likely to bring about serious legal consequences for you, including but not limited to jail and hefty fines.

On the whole our clients are very trustworthy, honest and hard-working individuals who through no fault of their own were severely injured, or had someone who was killed in a personal injury incident. Regardless if your case involves an automobile wreck, train crash, cruise ship incident or a work-related injury, our Fort Lauderdale injury attorneys are here to help you get the legal assistance you need in order to recover compensation for the damages you have sustained. You can contact our office at our website address at www.kpwlaw.com.

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Medical Clinic Employees Arrested for PIP Insurance Fraud

On Tuesday, three employees of a Tampa medical clinic were arrested on insurance fraud for their alleged involvement in Florida personal injury protection (PIP) scheme. According to investigators from the Florida Department of Financial Services’ Division of Insurance Fraud, the three employees from the CPS Medical Clinic solicited a confidential source to file fraudulent claims for services which were never provided. Further, their arrests come days before the Florida legislature is schedule to adjourn and in currently in the process of possibly passing PIP reform regulations.

Governor Rick Scott earlier stated that PIP fraud was a top priority during this year's 60-day legislative session. One of the key issues to be decided before Friday’s adjournment include the time frame in which Florida motorvehicle accident injured parties are to seek medical treatment to be eligible for PIP insurance coverage. Under the Senate’s proposal, injured parties would have 14 days, but House members want a seven-day time limit. Nevertheless, when PIP insurance fraud similar to Tuesday’s arrest; it becomes more costly for Floridians who have to pay higher premiums due to the wrongdoing of others.

PIP insurance coverage in Florida is based upon the no-fault system. This means that if you or a member of your family becomes seriously injured during a motor vehicle accident, you could possibly recover damages for your injuries under the PIP system. The types of damages that are ordinarily recoverable in PIP cases are compensatory damages such as medical expenses, regardless of fault. Also, under the state’s PIP system, all drivers are required to carry the minimum insurance benefits of $10,000, and $10,000 property damage coverage to pay for vehicle repairs. If a driver does not possess the mandated insurance, he or she could face other administrative civil consequences, such as the loss of their driver’s license.

If you have been hurt during an automobile accident, you should consult with a Fort Lauderdale personal injury attorney to discuss the type of damages which you could possibly recover in a lawsuit. Any attempt to seek monetary compensation from a person who has caused an accident and injured another party can become quite complicated. Also, it is possible that an insurance company could offer you a settlement in order to prevent going to trial. Nonetheless, prior to entering into a settlement agreement it is advisable to consult with an attorney to learn all of the legal alternatives which may be available to you.

Our Fort Lauderdale accident attorneys are here to answer clients’ questions regarding PIP insurance because policies are difficult to understand. For example, some people do not understand that under the law, it is a requirement that the policy must pay 80 percent of all the reasonable necessary medical expenses of an injured person. This could include rehabilitative expenses, surgical, dental or x-ray services. Also, under the Florida’s no-fault system, if you are injured and become unable to work, you could receive 60 percent of your lost earnings, depending on your policy coverage. If you or a loved one has been recently involved in an accident and have been hurt, or worst a family member died in a car crash, contact our office today to consult with an attorney.

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Florida Civil Jury Trials Declining According to Florida Bar Special Committee Report

One of the most frequents concerns among our clients are the amount of damages that could be awarded in their Fort Lauderdale personal injury lawsuit. The answer to this question is that no attorney can say for certain how much you a jury could award you for the injuries you sustained in an accident. The determination of whether or not to award any damages is a matter for the jury. However, usually the types of damages awarded are and in some cases punitive. Punitive damages are those damages which he jury awards a person is to punish a person for their wrongful conduct and to prevent this individual from future tortious acts.

Further, it is estimated that approximately 90 percent of the  personal injury lawsuits end up going to trial. And according to a study conducted by a committee of the Florida Bar, civil jury trials are decreasing across the country, including in the state of Florida. The Florida Bar Special Committee to Study the Decline in Jury Trial was created in the year 2010 to examine the decline in jury trials in the state. Based upon research of the Office of State Court Administrator, statistics revealed that during the fiscal year, 1986-1987, there were a total of 155,407 total civil cases which were filed in the Florida Circuit Courts, and the number of disposition of trials by jury amounted to 2,413 or 1.6% of the total Court dispositions. However during fiscal year 2009 – 2010, there were a total of 401,463 Civil Court dispositions, but only 879 were disposed of by jury trial, or 0.2%.

Why is there a decline in the number of civil jury trials? According to the study, there are a number of factors which have contributed to this decline including alternative dispute resolutions, the time it takes to take a case to trial and settlement agreements. But, our Fort Lauderdale personal injury attorneys are very familiar with the Florida civil litigation process and conduct every phase of the litigation procedure with due diligence. In addition, once it becomes established that you have a valid legal claim, we will gather the evidence, complete a thorough factual investigation, or subpoena witnesses and collect any information in proving your claim. We only will discuss entering into a settlement agreement with you when the circumstances indicate that this may be in your best interest, and in some situations this may be the best solution in resolving your legal claim.

However, despite the decline in the number of jury trials in Florida, you should consult with one of our firm’s Fort Lauderdale accident injury lawyers if you have been injured in an automobile accident, medical malpractice, slip-and-fall, or any accident in which you or a loved one sustained a personal injury. Depending upon the facts of your case, it is a possibility your lawsuit could result in a jury verdict. Nevertheless, this is a matter in which your attorney will discuss with you and advise you of the best legal alternative in disposing of your case.

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Powerboat Racer's Widow Files Wrongful Death Lawsuit

Priscilla Gratton, the widow of one of the powerboat racers who was killed during the Key West Super Boat World Championship last November has filed a Florida wrongful death lawsuit against the competition producer and two medical directors. In her civil suit, which was filed on Friday in the Broward Circuit Court, Gratton is alleging that her husband died as a result of the gross negligence of John Carbonell, President of Super Boat International Productions, Inc., and race medical directors Donald DiPetrillo and Brian Haff. According to the Miami-Herald, she is demanding damages of more than $15,000 and a jury trial.

 On November 11, 2011, powerboat racer Joey Gratton was the throttle man of the Page Motorsports boat when the 38-foot caverman overturned on the first turn in the final lap during the second race. The Key West Super Boat World Championship is a three-day racing competition and last year’s race will probably remembered as one of the most tragic sports racing competition in the industry.  During the competition, two Missouri racers were also killed two days prior to Gratton’s death.

The Miami-Dade Medical Examiner’s Office ruled Gratton’s death as an accident, but the widow alleges that her husband would still be alive but for the producer and medical directors’ negligence. In her lawsuit she argues that her husband was still alive and uninjured after the Florida powerboat accident. She claims that after the wreckage her husband survived for a few minutes on an emergency air tank when he was unable to free himself because of the harness system kept him refrained in his seat.  But, the inexperience of the volunteer divers and the response time it took for them to get from their boat to her husband led to his death because the boat begun to sink and trapped the exit door which made it impossible for her husband to escape. Further, by the time the responders were able to open the door’s access, her husband had run out of air supply.

Moreover, she claims that her husband’s accident came just two days after another fatal boating accident and that the defendants did nothing to correct “the obvious defects and deficiencies in their policies after the first tragedy.” She contends that the producers were using volunteer divers as first rescue responders as a cost saving measure and in which they were not qualified to perform. Also, her attorney says that the defendants’ conduct deviates from industry standard practices and procedures.  Page Motorsports owner and driver, Stephen Page survived the accident.

Our Fort Lauderdale personal injury lawyers reported earlier that the number of powerboating accidents is small in comparison with motor vehicle accidents. But, whenever you have a sporting activity which involves traveling at high rates of speed, there is an increased risk of accidents happening that can cause serious injuries or death. Therefore it becomes critical that industry standards, practices, procedures and protocols be followed thoroughly, and that skilled and trained personnel are employed as first response rescuers. Losing a loved one is traumatic experience and it is further disturbing when your loved one has died as a result of another’s negligence.

For that reason, our Fort Lauderdale accident attorneys recognizes that it is during this difficult times families are overwhelmed, suffer from enormous grief and trying to move forward with life seems unbearable. But we are here to assist families in relieving some of their pain by helping them hold the responsible party for causing the death of their loved one accountable for their actions. If you have suffered from a recent experience contact our office today to speak with one of our attorneys about your case, because you could have a legal claim to recover damages for your loss.

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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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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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Impaired Driving May Have Been A Factor in Crash That Seriously Injured Elderly Couple

Charges are currently pending against a Boynton Beach man as investigators are awaiting test results to determine whether or not alcohol or drugs was a factor in a serious motor vehicle accident. The Sun Sentinel is reporting that Alexander Worrall, an 18-year-old male, was driving a Ford SUV which struck the right side of a 2009 Hyundai Sedan being driven by Maurice Gartman, age 85. Apparently, Mr. Gartman and his passenger wife, Evelyn, age 82, traveled west on Old Boynton Beach Road on Wednesday, December 7, 2011. As Mr. Gartman made a left turn onto Military Trail, a SUV which traveled southbound and was being driven by Worrall ran a red light and crashed into the elderly couple’s vehicle. The couple were seriously injured and taken to the Delray Medical Center in critical condition and required intensive care treatment.

It is always devastating to find out that someone has been seriously hurt or die as a result of a drunk or drugged driver. And, according to the National Highway Traffic Safety Administration latest report, in 2009, there were 32,807 persons killed in an alcohol impairment crash. Drinking and drugged driving still remains a national problem, despite strict driving while intoxicated (DWI) and driving under the influence (DUI) laws.
Our Fort Lauderdale motor vehicle accident attorneys cannot stress enough how often we hear from the families of those who loved ones who have become permanently or totally disabled, or died as a result of driver alcohol or drug impairment.  Once again, drunk, drugged or buzzed driving is a major cause of automobile crashes and commonly results in serious injuries and deaths.

Further, we feel that it is important to raise awareness of this issue since many of you will be celebrating the coming of a new year this weekend. As you celebrate your New Year Eve’s festivities, please remember to not drink or drive; or ride with someone who does. Taxi companies and the Tipsy Tow program sponsored by AAA are offering safe rides as a community prevention effort to save lives. Tipsy Tow is not a national program, but will providing this service throughout the state of Florida, according to the AAA Newsroom website. If you have questions, you can contact AAA Auto Club South.

Although our Fort Lauderdale motor accident injury lawyers realize that most persons know that if they are convicted of drunk or drugged driving, they will receive some type of criminal punishment, however, many will still take the risk to drive while impaired. Still, what many fail to know is that they could also face severe civil punishments as a result of them causing someone to become permanently and totally disabled, or having to  under go costly rehabilitative and therapy sessions; or having to worry about funeral expenses when a loved one has died as a result of their poor judgment.

But, our Fort Lauderdale car crash attorneys understand the devastation of losing a loved one and the variety of unduly economic burdens injured persons or their families endure as a result of another’s negligence. Depending upon the nature of the accident, claims based upon drunk or impaired driving may be filed under the negligence theory of tort law. A tort is a civil wrongdoing and the law provides a remedy when a wrongdoer inflicts injuries upon another. Essentially, negligence can occur when a drunk driver fails to exercise his or her standards of reasonable care under the circumstances and causes someone else to become injured. And when the courts have determined that he or she is the responsible party for the hurt inflicted upon another, monetary compensation can be awarded to recover costs for medical expenses, lost income and pain and suffering.

All of our Fort Lauderdale personal injury attorneys wish you and your families a Happy and Safe New Year. And if you or a loved becomes injured as a result of another’s negligence, contact our office to discuss your case.

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Head and brain injuries are major causes of death. Blunt force to the head can cause the brain to bounce against the inner wall of the skull. As a result, the brain is injured and loose function. The Centers for Disease Control and Prevention reports that each year, 1. 7 million people suffer from a traumatic brain injury (TBI). And among that group, 52,000 people in the United States die each year from this type of injury. A TBI, which can range in its severity, can cause permanent disability including speech impairment and neurocognitive defects. Although falls are the leading causes of a TBI, motor-vehicle traffic injuries is the leading cause of a TBI related death, and these rates are highest among adults between the ages of 20 to 24 years of age, according to the Centers for Disease Control and Prevention.

In February, a Delray police sergeant suffered traumatic injury to his head and was killed during a one car crash. According to the Sun Sentinel, a final investigation of this horrific crash determined that Sergeant Adam Rosenthal had been running late for an early morning shift, was speeding at 70 mph and was not wearing his seatbelt. After losing control of the police vehicle he drove that morning, his car begun “yawning back and forth” on the roadway and ultimately the passenger side of the vehicle struck a tree. The speed limit for the curved section on the highway which he traveled is 45 mph. A later autopsy report concluded that he died from blunt force trauma to the head.

It is also believed that Rosenthal may have been distracted by his patrol car’s computer, as reported by the Sun Sentinel. However, based upon the final investigation, the computer indicated that his seat belt was not buckled during the crash. Our Fort Lauderdale car accident attorneys send our sincere condolences to his family.

Nevertheless, when people are hurt or killed during an automobile accident, an investigation is usually conducted to determine whether or not the vehicle has held up according to the manufacturers’ safety standards. Our Fort Lauderdale injury attorneys recognize that the performance of the vehicle is an important factor in evaluating a cause of death or injury during a motor vehicle collision. If it is determined that the automobile had a performance defect, a vehicle manufacturer could be held liable by failing to provide vehicle occupants safe protection in the event of a motor vehicle crash, based upon the legal doctrine of crashworthiness.

Basically, under this doctrine, a manufacturer of a motor vehicle could be liable if it is determined that the airbags of the vehicle were defect, or did not deploy correctly at the time of the crash. Additionally, until recently, comparative fault was not an issue in claims involving crashworthiness. Comparative fault, or comparative negligence, is a defense in which defendants claim that a plaintiff in a motor vehicle negligence action was partially at fault for causing the accident.

There is Florida case law history on the issue of crashworthiness and comparative fault. In 1968, in Larsen v. General Motors [391 F2d 495], the Court determined that manufacturers are responsible for making their vehicles as reasonably safe as possible in the event of a collision and liable for damages a person sustains during an automobile crash. However, in 2001, the Supreme Court ruled that vehicle manufacturers are only responsible for enhanced injuries, in D’Amario vs. Ford Motor Company [806 So. 2d 424 (Fla. 2001)].

Basically, in D’Amario, the Court ruled that under the theory of recovery involving crashworthiness, a plaintiff could recover for a secondary injury caused by a manufacturer’s defective product. Secondary injuries are additional injuries which result after an initial accident. For example, in D’Amario, the plaintiff was a minor passenger in a motor vehicle that had struck a tree. Subsequently, a fire engulfed and the minor plaintiff suffered serious personal injuries including burns and the loss of three limbs. Moreover, minor plaintiff sued the Ford Motor Company and argued that Ford had manufactured a defective relay switch on the vehicle in which he was a passenger, and but for Ford’s negligence, he would not have been injured. He argued that the defective relay switch caused the fire.

However, Ford defended and argued that it was the initial impact which was caused by the negligence of an alleged intoxicated and speeding driver of the vehicle, and not the relay switch. But, the minor plaintiff argued that he was not seeking damages from the initial impact, but on the second accident; the fire explosion. The jury returned a verdict in favor of Ford. Ultimately, the case would be heard by the Supreme Court, and the Court was presented with the issue of comparative fault in crashworthiness cases; and ruled that comparative fault in issues involving first collisions do not apply in crashworthiness cases.

In June, a new law enacted by the Florida legislature now allows jurors to hear evidence of possible plaintiffs’ comparative faults. If you have been involved in a car crash, you should contact a Fort Lauderdale accident attorney to discuss your legal options.


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