South Florida Personal Injury Blog

A common recourse available to all parties involved in a personal injury dispute is to file a lawsuit in a civil court. Many attorneys believe however that a lawsuit should be the last option when all other options to resolve the dispute have been exhausted. The costs in terms of time and money and the emotional challenges involved in such recourse have led to an increasing number of people considering alternative solutions for resolution of disputes. An experienced Fort Lauderdale personal injury attorney should be consulted who can advise the best legal alternatives available in the event of a personal injury dispute. More information on this can be obtained by contacting:

Alitowski & Moore
707 NE 3rd Avenue Suite 201
Fort Lauderdale, FL 33304
954-523-5333
954-523-6938
888-275-2637
888-Ask-Andrew

Continue reading " Alternative Dispute Resolution in Fort Lauderdale " »

With the recent media surrounding Arnold Schwarzenegger and his housekeeper employee, we have been getting many calls on the subject and will devote the next few legal articles to explaining some of the more obscure sex/employee laws.

Sexual harassment through Internet-based communication can be broadly divided into two categories. The first includes sexually offensive or humiliating material sent to the victim by the harasser. Such material may be transmitted to the victim via email, electronic chat, electronic messaging, Internet phone, or in the form of comments, pictures or files sent to the victim’s website. The second category includes such material posted by the harasser on a public or restricted online medium. Such material may be put up by the harasser on their website, the victim’s website, or third party sites. Third party sites could be Facebook, Myspace, or Linked for example. It could also be posted on Internet forums, chat rooms, or distributed via email, chat or social networking tools to other people. Twitter comes into mind here.

It is advisable to anyone using official Internet services at the workplace to exercise caution and make use of the computer systems of the employer only for authorized purposes. The employer may not have an explicit policy in place to prohibit employees from viewing pornographic materials at the workplace but most likely they do. However, even in such case if an employee is using the office systems to view sexually objectionable or pornographic material in such a way that it offends the sensibilities of any co-workers, the employee may be accused of sexual harassment. Similarly, if the employee downloads sexually offensive materials from the Internet or prints such materials in a way that it offends a co-worker, it may lead to disciplinary action or a case of sexual harassment against the employee. An employee caught in such a situation should consult a Florida sexual harassment attorney for legal advice.

Advice to Victims of Online Sexual Harassment

An employee who receives sexually offensive material via email from a particular email address may consider setting up an email filter that blocks all email messages sent from that particular email address. This can be the first remedial measure to stop receiving unwanted material through email, while other steps to pursue an action against the offender may be considered. Similar technical blockades can also be installed against an individual on a real-time Internet discussion board.

If the victim is a member of an important website or discussion forum where such sexual harassment may be taking place, it is important to report the offender to the website hosts. Supportive online evidence such as offensive messages or emails should be provided to the hosts in order to have some action taken against the harasser, including banning of the harasser from the website. Facebook for instance can easily do this and they have done this before many times. If the harasser is persistent in such behavior despite warnings and corrective action, the victims may get in touch with a Florida sexual harassment attorney for the protection of their rights under the law.

Advice to Employers to Prevent Online Harassment

Employers can take preventive steps to reduce the chances of online sexual harassment at the workplace. The employer may consider installation of customized software on all computer systems at the workplace that prevents an employee from viewing a sexually objectionable or pornographic website. Such software may also automatically report any such viewing to the systems administrators for prompt action. Any employee who is viewing pictures and materials such as these is wasting company time and even if they are doing it on their lunch break for instance, is certainly violating the organization’s ethical charter and proper rules by an employee. If this is the case, they should be summarily fired. If the company allows this employee to continue these actions or imposes a punishment that is seemingly pathetic, you should consider looking outside the firm for assistance.

Comprehensive email filter systems can be installed on the computers that are programmed to identify any sexually offensive keywords being used on office electronic communication. This can deter potential sexual harassers from abusing the system because there is a fear of getting caught by the system. The employer can issue guidelines to employees advising them how to protect themselves against becoming victims of online sexual harassment.

For questions about this article, please contact:

Alitowski & Moore
707 NE 3rd Avenue Suite 201
Fort Lauderdale FL 33304
954-523-5333
954-523-6938
888-275-2637
888-Ask-Andrew

The following article is brought to you by:
Fort Lauderdale AMlaw Personal Injury Attorneys
Alitowski & Moore
707 NE 3rd Avenue Suite 201, Fort Lauderdale, FL 33304, 954-523-6938

How to Prove Fault in a Car Accident in Fort Lauderdale

Proving fault in a car accident case is critical if you want to claim damages from the defendant. The victim must be able to provide sufficient evidence that shows negligence on part of the other party and proves their liability. Even if it may be apparent as to which party was at fault, an insurance company may still expect the victim to provide reasonable evidence and convincing arguments in support of their claim. Fort Lauderdale car accident attorneys can offer professional advice to people who may be involved in such a case.

Obtain a Copy of the Official Police Report

It is usually expected that a police officer will visit the scene of accident, particularly if the accident involves bodily injury. However, even in a non-injury case a police officer may show up at the scene. If the victim or the accompanying passengers are in a reasonably healthy position, they should call the police to request their presence on the spot. However, even if the police do not show up at the scene of accident, the victims or their representatives should report the accident to the local police station. This is pretty rare though, as long as it is not a tiny fender bender without any distinct damage to either vehicle, a police officer will most likely show up to the scene of the accident.

The initial observations of the police officer who visits the accident site or makes initial inquiries from the parties or eyewitnesses will be recorded in the form of a police report. The original position and condition of the cars involved in the accident, any tire marks on the road and/or pavement, and any other initial pieces of evidence may be noted by the police officer. The police officer’s opinions, observations, and recollections may constitute a critical piece of evidence to prove fault in a car accident case. An insurance provider will typically ask for a copy of this report prior to issuing a report of accident liability. Fort Lauderdale car accident attorneys can guide and assist their clients in such critical matters of evidence collection.

Check the Local Vehicle Code

If the victim is unsure about who may be at fault in a car accident, it is a prudent idea to check out the vehicle code or the traffic laws of the state. This can help in determining if the other driver was at fault as per the local laws. The local office of the Department of Motor Vehicles should be contacted for a copy of the Rules of the Road which is a simplified document that contains information about the local traffic laws which can be a source of instrumental driving advice.

Detailed Vehicle Codes may also be found on a few online resources including some online libraries of public law. Online directories make it easy for the reader to search for the relevant information using their built-in search function. Once the victim has a better understanding of the situation as per the local laws, it becomes easier to engage in a constructive negotiation with the insurance company of the other driver. The victim may also consult Fort Lauderdale car accident attorneys for such negotiations and other legal assistance; this is probably the wisest course of action since they are reading the law each and every day.

Accident Involving Rear Ended Collision

One of the common car accidents is a rear end accident. It may be relatively easier for the victim to prove fault in such an accident. If the victim’s vehicle has been hit from behind by another vehicle, in most situations it is not the victim’s fault. Even if the victim happened to apply the brakes suddently to stop the vehicle, it is usually expected that the vehicle behind would maintain a reasonably safe distance to prevent a collision in such an eventuality. If the rear vehicle driver fails to stop in such a situation, there may be a possibility that the driver was driving dangerously close to the victim’s vehicle. This is known in driver's parlance tailgating.

However, to prove fault in such case, it is first important to prove that it was a rear end accident. In a majority of such accidents, the rear end of one car and the front end of another car will have to be scrutinized. It is a fairly clear to determine the necessary amount of evidence to prove that it is a rear end accident case. It is also possible that the rear driver in such a case may claim damages from a third party that caused the rear end collision. However, this eventuality does not change the liability for damages as far as the first victim is concerned. The involved parties should contact Fort Lauderdale car accident attorneys for legal aid in such cases. Furthermore, if you were the at front driver and someone rear ended you, do not admit fault and even if the rear vehicle blames you in any stage of this situation, do not offer any counter attack. Just let the law and lawyers take their course because it is very rare where it is the at front driver's fault.

For questions about this article, please contact:

Alitowski & Moore
707 NE 3rd Avenue Suite 201
Fort Lauderdale FL 33304
954-523-5333
954-523-6938
888-275-2637
888-Ask-Andrew

The following article discusses issues involving car accidents that did not result in injury. For information about what to do following a collision in which you were injured visit car accident checklist.

As the number of automobiles on the road has increased dramatically over the past forty years, so has the number of automobile accidents. And with the increase of accidents, legislators began to look for ways to compensate people for their losses and injuries. As a result, the legislature enacted laws that require that all automobiles driven within the state of Florida be insured. If they are not, the owner may be fined and may have his driver's license and automobile registration suspended.

Collision Insurance

Collision insurance covers damage to the insured’s automobile. Such claims under this policy do not require the retaining of a Fort Lauderdale car accident attorney as the claims are routine for policy providers and almost always resolved without incident. Personal injury attorneys usually explain the purpose and effect of collision insurance as follows:

Minor Single-Car Accident (No Injury)

After a minor accident, the average person is often concerned about who is responsible for repairing their car. Under a collision insurance policy, the owner of the vehicle is entitled to reimbursement for any damage to that vehicle that comes as the result of a collision with another object, which would include another vehicle, a building, an abutment, or a tree.

In order to reduce the premiums for this coverage, many companies include deductibles, usually in the amount of $250 to $500, in their policies. Consequently, if the damage is less than the amount of the deductible, the policyholder must pay for the damage himself. If the loss is greater than the deductible amount, the insurance company will pay the amount of the damage minus the deductible. For instance, suppose that you hit a common divider in a parking lot, which resulted in repair bills of $1000. If you choose to make a claim you would be responsible for paying the first $500 and your insurance company would pay the remaining $500. In such cases, however, you might choose not to make a claim for such a small amount, since your premium might increase.

Two Car Accident Involving Loss/Damage (No Injuries)

To take another example, suppose that you were in an accident, the other driver was at fault, and your car was seriously damaged, but you were not injured. You need the car, so you have to have it repaired as soon as possible. But if the other driver's insurance carrier pays for the repairs, it will send an adjuster to evaluate the damage and that might mean you won't have your car for several weeks, perhaps even longer. On the other hand, under your collision policy, you can ask your own insurance carrier to pay for the repairs (minus the deductible), and then it will collect the money from the other driver's carrier and perhaps even have your deductible reimbursed.

Remember, such claims do not require that you obtain the services of a For Lauderdale car accident attorney. A good rule of thumb (in the second scenario) is to give the insurance companies a few weeks to sort out the claims. Before taking any form of action.

For questions about this article, please contact:

Alitowski & Moore
707 NE 3rd Avenue Suite 201
Fort Lauderdale FL 33304
954-523-5333
954-523-6938
888-275-2637
888-Ask-Andrew

Defamation of character under the personal injury law refers to the issuance of a falsehood about another person, which results in the harm and suffering to that other person. Slander refers to a defamatory statement by a transitory representation, which is generally an oral representation. Libel involves issuance of a defamatory statement in a fixed medium, which may be a book, magazine, newspaper, website, via the television. A Fort Lauderdale personal injury lawyer should be consulted if someone believes they have been a victim of libel, slander, or defamation.

Elements of Defamation

A cause of action in a case of defamation must include certain key elements. Firstly, it must involve the making of a defamatory and false statement against another person. Secondly, there must be an unprivileged publication of the defamatory statement to a third party, which means a party other than the party defamed.

In case the defamatory issue is a matter of public concern, it must include a fault amounting at the minimum to negligence on the publisher’s part. Finally, the defamatory statement must have caused damage to the plaintiff. Under the defamation law, a statement is considered to have been published the moment it is made to a third party. It does not necessarily have to be printed. If there is a concern you may have been a target of defamation, leave no stone unturned and call a Fort Lauderdale personal injury lawyer to make sure your name or reputation is not further maligned or has been maligned.

What May Constitute Defamation

Defamation may typically include an attack on an individual’s personal or professional character and standing, allegations against chastity of an unmarried person, allegations that an individual is afflicted with a sexually transmitted disease, or allegations that an individual has committed an act of moral turpitude. In a typical case of defamation the plaintiff may suffer damage to their reputation. However, in some cases there may be sufficient evidence to establish psychological damage or mental agony. A Fort Lauderdale personal injury lawyer can help to protect the rights of the victim in a case of defamation.

Defenses Available to the Accused

The accused, in a case of defamation, has a number of defenses available under the law. The most significant defense available to the accused is to establish the truth in the statement. If the statement made by the accused is true, it becomes an absolute defense in a case of defamation. A second defense available to the accused is of privilege. Statements of witnesses in a court of law, arguments made by attorneys, statements made by legislators in the house of legislature, and statements of sitting judges are protected under ordinary privilege. Such statements cannot be called defamatory, even if they are false or outrageous.

Another key defense available to the accused is the defense of opinion. If the statement amounts to an expression of opinion and not a statement of fact, it may not constitute a defamatory statement. However, even if the statement suggests a factual basis, it may be a valid case for defamation. The defendant also has to right to establish the fact of the plaintiff’s bad reputation in the community, in an attempt to reduce any claim for damages arising from a defamatory statement. If a defendant transmits a defamatory message without being aware of the contents of the message may put up the defense of innocent dissemination. Any person involved in a case of defamation may seek legal assistance from a Fort Lauderdale personal injury lawyer.

Defamation Involving Public Figures

When a public figure tries to bring a lawsuit for defamation, the onus lies on the public figure to prove an additional element of actual malice on part of the defendant. It means that the plaintiff must prove that the defendant made such false statements while knowing fully about it to be false, and issued the statement with total disregard to its truth.

The definition of public figure in this case not only includes politicians, famous athletes, celebrities, and so forth, but may also include any such person who becomes an involuntary public figure due to publicity. The publicity may be achieved even without any desire or action on part of the person towards it. Due to this aspect of a public figure under the law, any person who has gained notoriety as an accused in a high profile crime may not be able to pursue an action of defamation even when their innocence is lawfully established. A Fort Lauderdale personal injury lawyer will be able to provide professional legal opinion in such a case.

It’s 6:15 p.m. on a Tuesday and you’re stuck in stop-and-go traffic on your way back home. You take your eyes off the road for a split second and it happens – you rear end the car in front of you. Nothing serious, just a small dent. So you put your hazards on and you step out just as the other driver does. The two of you exchange the ceremonial “are you ok?” – and you’re thinking to yourself, “of course she has got to be ok, I mean I only hit are at 5 mph and there’s barely a noticeable dent.” You apologize but she tells you that she prefers to have a police report. So now you’re thinking “great, now I have to deal with a ticket.” So long story short, you spend 45 minutes on the side of the road and you finally leave and get home.

Fort Lauderdale personal injury attorneys know Florida drivers are bombarded with advertisements regarding who they should call when they are in accident. Of course, these advertisements make no mention of the criteria needed to receive insurance benefits; rather they leave the lay person to believe that a mere accident is all that needs to occur in order to make lots of money.

More likely than not this person that you hit will contact someone - either an attorney or a referral agency. If you are lucky, this matter will be resolved between your insurance company and the other driver amicably. On the other hand, there are many who are dragged in a horrible situation that they never thought could happen.

Building on top of our scenario above: Let’s say for example you have an insurance policy that extends $25,000/$50,000 of bodily injury (BI) liability coverage ($25k per person/$50k per accident). Six months after the accident you get a letter from your insurance company that says you may be receiving lawsuit papers in the mail and if you do that you should let the adjuster know right away. So you read it, and put it down- honestly what else are you going to do? What this letter is really saying is that over the past six months your insurance company was in a heated battle with the driver you hit and neither side was willing to accept the proposed offer of settlement. So now you are getting sued. Sure enough, you receive a Complaint which alleges that you are being sued. You think to yourself that this is why we carry insurance.

Ordinarily when a person is being sued, they, in their sole discretion, have the authority to decide whether or not they want to settle the case. Well, when you are insured and your insurer is responsible to pay the damages up to your policy limits, they retain this power, and essentially you are pushed aside as a spectator.

Why does this matter? This matters because if the driver you hit is potentially looking at requesting a judgment in excess of your policy limit, who do you think is responsible for paying ever cent over and above your $25,000 policy? You are, of course.

The problem is that you now become a business decision. Of course your interests and the insurance companies interest are not that far off because both of you want to resolve the case for as little as possible. The real issue arises when the Plaintiff is offering to settle the case for an amount within your policy limits and more often than not a demand for the policy limits are made. Now because the adjuster has rejected this settlement you now become potentially exposed for your personal assets.
This is a tricky situation that not many insured drivers are aware of. The moral of the story is that we all should be certain that we carry enough coverage to protect our personal assets.

Danny Cohen, Esq.