Jan 23, 2019 by
Head-on collisions may be rare, but they almost always result in serious injuries. Victims who are fortunate enough to survive may face an uphill climb to recovery. They’re also likely to incur steep medical bills and lost income. Florida is a no-fault state, which means an accident victim cannot bring a claim directly against the at-fault driver unless the “serious injury” threshold is met. Due to the devastating force of ... [Read More]
Jan 21, 2019 by
While the majority of South Florida car accident cases are pursued in state court, in some cases it may be more beneficial to file a case in federal court. There are certain requirements for litigating a case in federal court, however, and a federal court will remand the case to state court if it finds it does not have jurisdiction over the matter. Federal jurisdictional requirements must be met whether ... [Read More]
Jan 17, 2019 by
Accident Attorneys Advocating for the Rights of Victims in the Stuart Area If you were recently injured by a careless driver in a car accident or in another situation, you are probably wondering whether you are entitled to compensation. A personal injury lawsuit is a complex process, and it helps to have a seasoned attorney on your side to ensure that you make the right decisions to maximize your recovery. When it ... [Read More]
Jan 15, 2019 by
Drunk driving accidents are unfortunate occurrences that frequently cause serious and often fatal injuries. In addition to seeking damages from the drunk driver, Florida law permits injured parties to seek compensation from anyone who served the driver alcohol if they knew the driver was a habitual addict. The injured party must present adequate evidence of addiction, however, and the failure to do so may be fatal to their claim, as ... [Read More]
Jan 10, 2019 by
When you enter a bar, restaurant, or grocery store, you don’t expect to leave with serious injuries. But if staff members fail to clean up spilled liquids in a timely manner, slipping and falling is a very real possibility. And depending on how you land, even a minor fall can result in devastating injuries. If you were hurt in a slip and fall at a business establishment, you may be ... [Read More]
Jan 7, 2019 by
Many car accidents are not caused solely by the negligence of one party but occur due to a combination of factors. Under Florida law, if a party who is injured in a car accident is partially at fault for causing the accident, he or she is not barred from recovering damages, but any damages awarded will be adjusted proportionately to his or her degree of fault. Recently, a Florida court ... [Read More]
Jan 3, 2019 by
Selecting a Knowledgeable Injury Attorney in the Stuart Area When a victim suffers injuries in an accident, one of the first things to consider is whether they are entitled to compensation from another party for their medical expenses and other damages. The financial burden of even a relatively ordinary car accident can be devastating for the victim and his or her family. At Donaldson & Weston, our Stuart accident lawyers have assisted ... [Read More]
Dec 26, 2018 by
Most car accident cases are pursued on a theory of negligence. Under Florida law, recovering on a negligence claim requires, in part, evidence that the defendant’s behavior caused the plaintiff’s harm. It is not sufficient to merely show that an action was one of the causes of the resulting harm, however. Rather, the action must be shown to be a proximate cause for a plaintiff to recover damages. Recently, a ... [Read More]
Dec 19, 2018 by
Trial courts have the discretion to grant a new trial based on attorney misconduct. The trial court must engage in a thorough analysis prior to granting a new trial, however, to ensure a new trial is properly warranted. This was discussed in a recent case out of a Florida Court of Appeals, where the Appeals Court overturned an order granting a new trial where the trial court failed to engage in ... [Read More]
Dec 12, 2018 by
Juries do not always assess damages and liability accurately, and the law affords both plaintiffs and defendants the right to request a new trial if they believe a jury’s verdict is improper. The standard a trial court must apply in determining whether a new trial should be granted is whether the verdict is against the weight of the evidence. If a trial court fails to apply this standard and issues ... [Read More]
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