South Florida Personal Injury Blog

Under the personal injury law, negligence is said to have occurred when at least one of the parties involved in the accident did not exercise reasonable care under the circumstances, or when at least one of the parties did something that another reasonably careful individual would not do in those circumstances. Our personal injury attorneys in Fort Lauderdale explain the basics.

Negligence is the most common basis for personal injury lawsuits. Auto accident related cases or premises liability cases involving personal injury are usually based on the argument that the defendant acted negligently. See our article on Merchant Circle on car accidents. Negligence law may differ from one jurisdiction to another. Therefore, it is important to know the local laws pertaining to negligence where the accident has occurred.

Establishing Proximate Cause

Proximate cause is said to exist where the victim sustained personal injuries due to negligent conduct of the defendant. Furthermore, the victim’s injury must be a natural and probable outcome of such negligent conduct. Therefore, in order to prove liability of the defendant, the victim must establish not only negligence, but also proximate cause.

Many accidents involving personal injury may have multiple proximate causes. It is not necessary for the establishment of liability that the negligence of the defendant should be the only proximate cause of the victim’s injury, or the final proximate cause. The defendant may be liable even when a personal injury occurred due to more than one proximate cause, and whether such causes occurred simultaneously or in combination.

Components of an Act of Negligence

Assessment of an act of negligence typically requires that the victim must prove four factors arising out of a preponderance of the available evidence. The first factor is that the defendant must have owed a duty to the victim, or a duty to the public, including the victim. The second factor is that the defendant must have violated such duty. Thirdly, the victim must have sustained personal injury as a result of the violation of such duty by the defendant. Lastly, the injury must be reasonably foreseeable result of the defendant’s action.

Gross Negligence vs. Ordinary Negligence

Gross negligence refers to such conduct or inaction that is so reckless that it shows a substantial lack of care and concern for whether a personal injury may result from it. In some cases where ordinary negligence may not suffice, it becomes important to establish a case of gross negligence in order to hold the defendant liable for damages.

For instance, if a government employee caused an accident while on government duty, he or she may enjoy immunity from liability for ordinary negligence. In such a case, gross negligence may have to be established to hold the defendant liable.

For more information contact our personal injury attorneys in Fort Lauderdale.
Alitowski & Moore
707 NE 3rd Avenue, Suite 201
Fort Lauderdale, Florida 33304
954-523-5333
502-523-6938
888-275-2637
888-Ask-Andrew

Patricia Kluge, seen for years as one of America’s richest divorcees, has taken up a day job after she went bankrupt in June. Kluge along with William Moses, her third husband, will oversee the production of wine at the newly renamed Trump Winery in Charlottesville, VA. The woman who was famous for her spectacular Virginia mansion, a large collection of jewels, and a huge pile of cash from her former husband, media mogul John Kluge, lost her fortune due to bad business decisions and poor financial management.

The good thing is that her day job is not an ordinary one. She is working for the winery taken over by Donald Trump, which had been built on her estate in Virginia. It was a financially risky venture that led her to seek bankruptcy protection from creditors. However, Kluge is still not the one to settle for an ordinary life. She rents a lavish 6,000 square-foot home with five bedrooms and a swimming pool in an exclusive gated community close to her old mansion.

Kluge’s saga of financial undoing is not very different from that of so many Americans who overused their credit cards and borrowed heavily during the times of the economic boom. As the creditors closed in on her, her financial straits became public knowledge. At last, she has chosen to speak publicly about her bankruptcy. She appears resolute and confident to survive without the servants that at one time attended to guests at her lavish parties.

For the moment, Kluge and her husband Moses will earn nearly $250,000 under a 12-month contract to work for Trump’s winery. She handles wine production, bottling and marketing, while Moses looks after the legal and issues part time. About a third of their earning goes to rent (she still has not learned much). Kermit Rosenber, the couple’s lawyer, says that the future remains unclear for Kluge since they have walked out of bankruptcy with nothing. Well, at least she has her third husband around to share her life with.

This article has been brought to you by the personal injury attorneys of Alitowski & Moore. We have decades of combined experience settling car accident claims in Fort Lauderdale, Florida and Louisville Kentucky. Call to learn how our legal team can help you. 

Fort Lauderdale Attorneys

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

Louisville Lawyers

Alitowski & Moore 
332 W. Broadway
Suite 613
Louisville, KY 40202
502-582-9100
502-582-9440
888-275-2637
888-Ask Andrew

The impending divorce between Arnold Schwarzenegger and Maria Shriver continues to attract attention, and it is difficult not to be fascinated by it. Arnold and Maria came as close as America can get to royalty. He was a self-made, hugely successful star in sports, entertainment, business, and politics. She was a Kennedy and the most popular First Lady of California ever.

Reports suggest that Arnold has made a deal to publish his memoir with Simon & Schuster in October 2012. It is likely to be a huge bestseller and make plenty of money for Arnold. It remains a matter of conjecture on what new aspects and details will Arnold reveal about his life that is not already known.

Schwarzenegger appears to have moved on after the scandalous divorce announcement. He has been busy making celebrity appearances, working on his forthcoming memoir, and making plans to produce new feature films (hopefully they are better than Terminator 3). Shriver, on the other hand, appears to be in a more difficult position. She has been through the death of both her parents within a year. She has been frank enough to say she does not know what the future holds in store for her. She is rich; there are people on this planet, and in this country, far worse off.

Shriver will be reportedly worth a hundred million dollars and Schwarzenegger four hundred million after the divorce. However, the real difficult part has emerged with the recognition of a half-sibling. Questions remain whether Schwarzenegger provided for the child under a confidential support agreement, or used community funds from his marriage, or what the source of funds was that Schwarzenegger used to buy a home for the child and her mother.

For the sake of the children, Schwarzenegger and Shriver need to avoid a prolonged divorce settlement and maintain privacy. Confidential judicial arbitration or private mediation may be the best way to approach the situation, and it appears from all accounts that the couple may be already following this approach. Schwarzenegger has had to put his movie projects on hold because of this, certainly costing him millions of dollars.

This article has been brought to you by the personal injury attorneys of Alitowski & Moore. We have decades of combined experience settling car accident claims in Fort Lauderdale, Florida and Louisville Kentucky. Call to learn how our legal team can help you. 

Fort Lauderdale Attorneys

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

Louisville Lawyers

Alitowski & Moore 
332 W. Broadway
Suite 613
Louisville, KY 40202
502-582-9100
502-582-9440
888-275-2637
888-Ask Andrew

Insurance companies play a crucial role in the settlement of personal injury claims. Determining the fairest amount of claim is the most challenging issue because each side may view things from their own perspective. The claims usually vary from one case to another because no two cases will have identical circumstances.

Types of Damages Insurer Must Pay

Fort Lauderdale personal injury lawyers maintain that a person who is held liable for causing an accident and his or her insurance company is required to compensate for certain damages in most cases. These include the cost of medical treatment and related expenses incurred by the victim to recover from the personal injuries. Secondly, the defendant or the insurer must compensate the victim for the wages lost due to absence from work while undergoing medical treatment for the personal injuries.

Compensation may also be claimed for loss of social, education, and family experiences such as missed training, family events, recreation, or vacation. Emotional costs suffered such as loss of confidence, depression, stress, or strained personal relationships may also be a part of the legitimate claim. Lastly, any loss or damage to the victim’s property must be compensated for by the defendants or their insurers.

Damages Computation by Insurers

Medical expenses and loss of income are computable more easily than subjective losses such as emotional loss or pain and suffering experienced by the victim. In such cases, the insurance adjusters usually add up the actual medical costs known as “medical special damages”. This amount is treated as a base figure to arrive at an amount for the non-monetary costs, which is known as “general damages”.

If the personal injuries suffered are minor in nature, the insurance adjuster may compute the general damages by multiplying the special damages amount by 1.5 or 2. If the personal injuries are serious in nature, the general damages may go up to five times the special damages, or even up to 10 times in extreme cases. However, this is just a broad formula used by insurance adjusters, but the actual figures may vary from one case to another. Furthermore, this is not a final figure, but only an amount from where the insurer may initiate negotiations for compensation with the victim.

Extent of Fault

In some personal injury cases, both the victim and the defendant may be partially at fault for having caused the accident, resulting in personal injuries to one of them. In such cases, the insurance company will try to determine the percentage of fault of each party. The insurer may reduce the amount of compensation by the same percentage for which it holds the victim responsible for the accident. This is an issue of comparative liability, and a fair distribution of liability must be determined based on the facts and circumstances of the accident.

Recently, in August of 2011, the Untied State District Court for the Southern District of Florida decided a case that dealt with the Fair Labor Standards Act (FLSA) and unpaid overtime wages. In Correa v. Gelhomecare, Inc., 2011 WL 3419625 (S.D.Fla.), Plaintiff worked for Defendants as a home health aide. The plaintiff in this case felt that she was not being paid correctly and that she was entitled to overtime wages (more information on this topic can be found by visiting our new Employment Discrimination Facebook page). The FLSA statute states that an employer is required to pay an employee a minimum wage and pay time and a half for those hours that an employee works in excess of the standard forty hour work week. Id. But, the FLSA (Fair Labor Standards Act) does have a host of exemption to the FLSA’s minimum wage and maximum hour requirements. One such exemption is for employees in domestic service who provide companionship services for individuals who because of age or infirmity are unable to care for themselves.

Continue reading "Overtime case Home Health Aide in Florida" »

The Alitowski & Moore law firm Facebook page is now live. Many articles posted by our attorneys can only be viewed by visiting A&M-Facebook. Articles include information on personal injury litigation and tactics as well as current events and, you guessed it. Hollywood stars (and all of the trouble they seem to cause themselves.
For more information on obtaining Alitowski & Moore law related articles, 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 attorneys at the law firm of Alitowski & Moore will now be making available articles and documents for public use. documents will be available by visiting the Alitowski & Moore profile located at docstop.com.

For information on how to obtain specific documents that are not yet listed, please contact William Moore at:

Alitowski & Moore
707 NE 3rd Avenue Suite 201
Fort Lauderdale, Fl 33304
954-523-5333

Please note that much information will be uploaded throughout the remainder of August. All documents are considered public domain once posted on the sight and may be reposted by attorneys and students without citing credit to the Alitowski & Moore law firm. All articles will be specific to the practice of personal injury litigation in Florida.

If you have sustained personal injury due to the fault of another person, you may be entitled to receive damages from that person. However, you may not necessary need to hire a lawyer if the other person’s insurance company pays for the costs of your injuries, or the person compensates you directly. In case you feel that the person who caused the injury is reluctant to compensate, or the insurance company refuses to pay a fair compensation, it may be a good idea to hire the services of a personal injury lawyer in Fort Lauderdale.

Why negotiate with someone who is not playing fair? Why work with some when they are only showing contempt and disdain for you? Just because someone smiles and laughs at your jokes does not mean they are always on your side or can be trusted. This is where a personal injury lawyer in Fort Lauderdale should step into the picture. They can help you by offering you the law skills you lack and without this information you are standing on unstable ground. The other side has the leverage. This leverage can be evened out if your side is bolstered by an expert on personal injury law. In Florida, there are attorneys that are willing to go the extra mile for you.

Continue reading "When should you hire a Personal Injury Lawyer in Fort Lauderdale?" »

Jennifer Lopez has at last lost her legal fight to safeguard her privacy in an intimate home video that her ex-husband plans to release publicly. The total video footage is a little over 27 hours, which includes several scenes of nudity featuring Lopez. It also reportedly includes footage of her honeymoon with her ex-husband, the Cuban-born Ojani Noa. Noa and Lopez met in a Miami restaurant where Noa worked as a waiter. They married in 1997 and were divorced that same year.

Continue reading "Jennifer Lopez Loses Legal Battle of Privacy against Release of Home Video" »

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