Aug 22, 2018 by
After a man died from alcohol withdrawal and heart failure while incarcerated in a Florida jail, his representatives brought a wrongful death claim against several different parties. The deceased, through his representatives of course, alleged deliberate indifference, wrongful death, and excessive use of force. The defendants filed motions to dismiss these claims. At this point, in order for the case to move forward, the plaintiff only needs to prove that ... [Read More]
Aug 14, 2018 by
Generally, people injured at work are unable to sue their employers directly and will instead be eligible for workers’ compensation. However, there are exceptions to this general rule. If you or a loved one have been injured at work, you should contact a skilled South Florida workers’ compensation attorney as soon as possible. There may be benefits that you are entitled to receive.Workers’ Compensation Workers’ compensation is a program that ... [Read More]
Aug 7, 2018 by
The Florida Third District Court of Appeals recently heard a case that addressed whether a gun manufacturer was liable for the death of a young man after a gun they manufactured allegedly had defects. The family of a young man who shot himself in the eye, causing his death, brought this action under a wrongful death theory. They alleged that the case should be able to move forward even though ... [Read More]
Aug 1, 2018 by
Coping with the loss of a loved one is always difficult, but it can be especially challenging when the death is unanticipated. When someone dies in a car accident, for example, surviving family members never get the chance to say goodbye. In such a scenario, filing a claim against any negligent parties will not undo the tragedy, but it may help you and your loved ones maintain your financial security ... [Read More]
Jul 29, 2018 by
If you sustained a back injury in a collision with a drunk, distracted, or otherwise negligent driver, you may be entitled to compensation for all resulting damages. But before you can recover a single dollar, you must prove both liability and damages. This is where a personal injury attorney may be able to help. A seasoned car accident lawyer can gather evidence, interview eyewitnesses, handle all correspondence with the opposing ... [Read More]
Jul 24, 2018 by
Generally, when one car rear ends another car, the driver of the car that does the rear-ending is at fault for the accident. However, that is not always the case. In this appeal, the parties disputed whether the rear ending occurred while the injured passenger’s car had been stopped for a time, or whether the injured passenger’s car had just completed an unsafe lane change. If you are in a ... [Read More]
Jul 16, 2018 by
Did you know that drowsy driving can be just as dangerous as drunk driving? Sleep deprivation affects cognitive functioning and reflexes in much the same way as alcohol, yet millions of people who would never drive under the influence make a habit out of driving while fatigued. Commercial truckers are especially likely to experience fatigue while behind the wheel because of the demands of their job. Unfortunately, due to the ... [Read More]
Jul 16, 2018 by
A woman was working at a hospital when she fell and hurt her shoulder. When she tested positive for marijuana, the law presumed that the accident was due to her drug use. The court held that she did not successfully rebut the presumption of the drugs being the cause of the accident. Therefore, she was denied workers’ compensation benefits under the law. If you are injured at work, it is ... [Read More]
Jul 9, 2018 by
If you get into a car accident due to a visual obstruction, you may wonder who is responsible for the injuries or damage caused by the accident. The Florida Third District Court of Appeals addressed this topic in a recent decision. It held that in this case, the people responsible for the foliage that the plaintiff alleged caused the obstruction could not be held responsible for damages from the accident. ... [Read More]
Jul 2, 2018 by
Distracted driving was responsible for 3,450 traffic fatalities in 2016 alone. There are countless distractions vying for your attention whenever you get behind the wheel, but texting is one of the most dangerous. Reading or sending text messages takes your eyes off the road, your hands off the wheel, and your attention off the traffic around you. In other words, for those who regularly text while driving, causing an accident isn’t a ... [Read More]
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