When a plaintiff files a Florida personal injury claim, it is imperative that they name all of the potentially liable parties and include all of the relevant theories of liability as soon as practicable. This often means conducting a thorough investigation prior to filing the lawsuit in order to make…
South Florida Personal Injury Lawyers Blog
Court Determines Business Was Not Liable for Accident Caused by Delivery Driver
Earlier this month, an appellate court in Georgia issued a written opinion in a car accident case that will be of interest to South Florida car accident victims because it illustrates the limits of the doctrine of vicarious liability. Vicarious liability is a legal doctrine that allows a plaintiff to…
Pre-Suit Requirements in Florida Personal Injury Cases Naming Government Defendants
When someone is injured due to the negligence of a Florida government employee or entity, they may be entitled to monetary compensation through a Florida personal injury lawsuit. However, lawsuits that are filed against government defendants in Florida have certain additional requirements that must be met, or the accident victim…
According to Recent Study, Florida Ranks Among States with the Worst Drivers
Florida has long had a reputation for being a state with a large number of “bad drivers.” Indeed, Florida drivers are involved in over 250,000 auto accidents each year, with over 100,000 of those accidents resulting in serious injuries. In all, Florida car accidents are responsible for approximately 1,800 fatalities…
Florida’s Assumption of the Risk Doctrine
Assumption of the risk is a common defense used by many defendants in Florida personal injury cases. When it applies, the doctrine prevents a plaintiff from pursuing a claim against a defendant if the plaintiff was engaging in a dangerous activity for which the risks were known. For example, a…
Establishing Causation in South Florida Car Accidents
There are several elements that a plaintiff must establish before they are able to recover financially after a South Florida car accident. One of these key elements is causation. Simply stated, the causation element requires a plaintiff to prove that the defendant’s conduct was the legal cause of their injuries,…
When Can an Injured Employee Seek Compensation through a Workplace Injury Lawsuit?
Workplace injuries occur frequently in many professions, and this is especially the case for jobs in the construction and manufacturing industries. When a worker is injured on the job, there are several potential avenues that the worker can pursue to obtain compensation for their injuries.The first option is a workers’…
The Importance of Pre-Trial Evidentiary Rulings in Florida Personal Injury Cases
The judge’s primary function in a Florida personal injury case is to make sure that the trial follows all of the applicable rules, both substantive and procedural. One of the most important tasks a judge performs is determining which evidence is admissible and may be considered by the jury. Indeed,…
The Use of Expert Witnesses in Florida Personal Injury Cases
Florida personal injury cases are routinely decided by a jury, unless both parties agree that a judge should hear the case. When a jury is empaneled, it should be representative of the community where the case will be heard. Almost always, juries consist of laypeople, meaning that the individual jurors…
Florida Appellate Court Finds Hotel Did Not Have a Duty to Erect Barriers To Keep Traffic Out of Pool Area
Earlier this month, an appellate court in Florida issued a written opinion in a tragic Florida car accident case that claimed the life of the plaintiff’s pregnant wife. The case involved the question of whether a road-side hotel had a duty to prevent traffic from a nearby road from entering…