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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Toxins Found In Hair Care Products

Statistics indicate the nail and beauty care industries have grown tremendously during recent years and are considered as billion dollar industries. States such as California and Florida are among the most popular regions in the country to have experienced growth in this personal care sector. However, in California, the Department of Toxic Substances Control has issued a report that reveals that products used in some of the state’s nail saloons contained toxic chemicals. Among the chemicals claimed to be found are formaldehyde, toxic trio and toluene. Each of these types of chemicals is dangerous and poses a serious increase of harm to consumers and workers who have been exposed to them. It has also been reported that some consumers have suffered from hair loss due to being exposed to hair products. Some of the common medical complications associated with the exposure of these chemicals are headaches, cancer, birth defect and other illnesses. Recently, in Florida, at least two manufacturers and two Florida-based distributors of hair products have been issued citations from the Occupational Safety and Health Administration (OSHA) for failure to warn and protect their workers from formaldehyde products. 

Formaldehyde is colorless, has a distinctive odor and is comprised of oxygen, hydrogen and carbon. Hair smoothing and hair straightening products are among the products that this compound is found in the hair care industry. Also, this product is so dangerous that it has been described as “known to be a human carcinogen” by the National Toxicology Program.  Under OSHA regulations, workers should only be exposed to the dangerous product for a 15 minute time period. Also, OHSA requires that formaldehyde based products be listed on the material safety data sheet (MSDS), have warning labels and list the side effects of exposure. More so disturbing about the report issued by the state of California’s Environmental Protection Agency is that the sample of products tested claimed to be free of toxic chemicals.

Our Fort Lauderdale personal injury attorneys advises nail and beauty salon owners the best way to protect workers from these chemicals are to simply do not purchase  commodities that contains the toxins. Furthermore, if a worker or a consumer is harmed as a result of an owner’s failure to protect or warn about the hazardous products, then it is possible that the owners could be sued. Also, manufacturers or distributors of these products could be held liable when their products have caused someone to sustain an injury or have been hurt. 

According to the U.S. Department of Labor, in 2011, there were 23 citations issued to salon owners and beauty schools from several states, including Florida. Stiff penalties, such as fines ranging up to $17,500 were imposed against these businesses for failing to protect their workers by overexposing or potential exposure to formaldehyde. If you are a Florida resident and have been exposed to toxic chemicals, including formaldehyde or toxic trio contact our office today to speak with a Fort Lauderdale products liability attorney about your circumstances. Officials from Florida and the federal government continue to investigate these types of claims and our attorneys represent individuals who have suffered a personal injury due to negligence or a defective product. 

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Reconstructive Surgery May Have Caused a Florida Woman's Death

The family of a Florida woman has hired a Florida personal injury attorney to investigate the cause of their loved one’s death. Idell Frazer-Bodden, recently died and her family believes that her cause of death is related to a cosmetic surgical procedure. The 50-year-old female underwent reconstructive surgery to have fat removed from her back and to have her buttocks re-injected. However during the surgery, her heart stopped at the Lauderhill cosmetic surgery center and despite efforts to resuscitate her, she could not be revived. This is a deeply saddened event and our attorneys understand the family’s desire to know how a plastic surgery operation could go so wrong.

Reconstructive operations, including breasts enhancement, face lifts, rhinoplasty and liposuction are common trends across the county in which individuals seek to improve their bodily appearance.  In fact, The American Academy of Facial Plastic and Reconstructive Surgery’s statistics indicate that in 2011, their surgeon members report that they performed an average of 1,000 facial cosmetic surgical, cosmetic non-surgical, reconstructive and revision procedures per surgeons for the year. This association is comprised of more than 2,700 facial plastic and reconstructive surgeons in the world and is considered the largest specialty association for facial plastic surgery. Nevertheless, there are risks associated with every surgical procedure and reconstructive and plastic surgeries can often result in serious injuries or death. 

Our FortLauderdale medical malpractice lawyers help individuals and their loved ones who have experienced a similar situation. It is only logical that you will want to know why you or your loved one’s surgical procedure did not produce the result that you anticipated. It is far too often that these kinds of surgeries have resulted in a person sustaining emotional trauma, damage to the nerves, excessive scarring and even a wrongful death. All medical professionals, including cosmetic surgeons owe their patients a duty to exercise reasonable care and safety when performing a surgery.  Further, it is also their responsibility to explain to the patient the risks that are involved for a surgical procedure. When medical professionals fail to uphold these duties as the law requires them to do and you have been harmed as a result, you may be entitled to recover monetary compensation.

Also, you should never agree to any type of surgery without the complete knowledge of the risks involved. You should ask your surgeon about all dangers associated with your operation, including the type of anesthetic medication which may be administered to you. Additionally, you want to know who will be responsible for administering the anesthetic drugs to you. Typically, it will not be the surgeon who will be performing your operation, but an anesthesiologist. It is always in a patient’s best interest to inquire about the credentials of the anesthesiologist, including whether or not the medical professional has a certification from The American Board of Anesthesiology (ABA). The ABA certifies physicians who have completed an accredited program of anesthesiology training in the United States. 

If you have questions or want to investigate if your reconstructive or cosmetic surgical operation caused your injury or a death of a loved one, contact our office to consult with one of our Fort Lauderdale personal injury attorneys about your case. In these cases you will need the experience of an attorney who can help you investigate why your surgery went wrong. Typically, when a surgery goes wrong it is due to negligence and medical errors. Contact our office today to learn about your legal rights! 

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Lawnmower Catches Fire Worker Suffers Second-Degree Burns

Fire officials are investigating the cause of a lawnmower that caught on fire on Monday that resulted in Florida personal injuries to a commercial landscape worker. Tim Gallagher, a Pembroke Pines Rescue Spokesman, reported to the Sun Sentinel, that the 27-year-old man was riding the lawnmower when it busted into flames on Monday and has sustained second-degree burns on over 40 percent of his body. The worker had to be airlifted to a nearby burn hospital.

All burns are serious and are classified according to the severity of the injury. Burns are categorized as first-degree, second-degree or third-degree. First-degree burns are usually minor burns and the injured party may suffered from some pain and discomfort. The Mayo Clinic recommends that burn sufferers take over-the-counter medications such as aspirin, ibuprofen, and Advil to relieve their systems. Also, the Clinic does not recommend the use of ice for burns. Rather, minor burn injuries can be treated with cool water. 

 

Second-degree burns are much more severe than a first-degree burn and occur when the burn has burned through the first and the dermis layers of skin. A second-degree burn injury often results in blistering, reddened area of the skin, and pain and suffering. Second-degree burns that are 3 inches or less can be treated as minor injuries, but if the burn area is larger or to the buttocks, groin, face or feet, then treatment from a medical provider should be sought immediately. Similarly, third-degree burns are the most severe of all. 

Third-degree burns will burn through all layers of the skin and can cause serious tissue damages. Persons who have sustained a third-degree burn could be affected with muscle and fat damage, as well as bone injury. Burn injuries are common occurrences in the workplace, and also a result of defective equipment and car accidents. If you have recently suffered a Florida burn injury as a result of someone’s negligence or from a defective product, you should contact our office to speak with one our attorneys about your case. 

It may be possible that you have a potential lawsuit to recover monetary compensation for your injuries. Our Fort Lauderdal epersonal injury lawyers represent residents throughout the state of Florida when they have been hurt or injured in an accident. Our attorneys will discuss your situation and provide you with the advice you need to determine whether or not you should pursue a civil action against the alleged wrongdoer. If a jury finds that your claims have substance and that you are able to prove your claim based upon the preponderance of evidence, you could receive a monetary award for your medical expenses and pain and suffering. 

We caution our clients who believe that burn injuries are catastrophic injuries. Besides the physical damage which is affected, often burn suffers will experience long-term psychological effects due to the trauma that have endured. Our Fort Lauderdale accident attorneys are here to help you or a family member that has been hurt or harmed in a burn accident. Contact our office today to consult with an attorney about your circumstances. 

 

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