South Florida Personal Injury Blog

The House of Representatives Education and Labor Committee began hearing testimony this Wednesday on proposed changes to Title VII of the 1964 Civil Rights Act which would extend employment discrimination protections to cover the areas of sexual orientation and gender identity, Fort Lauderdale injury lawyer Andrew Alitowski reports. Most of the witnesses offered testimony that was supportive of the law as a way to protect more Americans from workplace discrimination. Committee chair George Miller, a Democrat from California, stated that the proposed law, the Employment Non-Ciscrimination Act or ENDA, would ensure that employment decisions were not based on prejudice. “Fully qualified individuals are being denied employment or are being fired from their jobs for completely non-work-related reasons,” he said. “This is profoundly unfair and, indeed, un-American. And it is bad for business.”

Title VII was a landmark civil rights law which prohibited discrimination against employees based on their race, sex or religion. Later amendments have also banned discrimination based on age and disability, says Broward personal injury attorney Alitowski. The law has been interpreted to prohibit employers from engaging in a wide range of discriminatory activities including discriminating in promotions, hiring and firing and preventing workplace harassment. Certain groups such as the armed services, veterans’ groups, religious organizations and businesses with less than 15 employees are exempt from the requirement of Title VII.

Bills which have would have extended Title VII protections to gays and lesbians have been proposed since the mid 1970s when Congressman Ed Koch and congresswoman Bella Abzug introduced the “gay rights bill” in the wake of the fifth anniversary of the Stonewall rebellion. ENDA came within one vote of passage in the United States Senate in 1996, but has languished since then. Supporters of ENDA have debated whether the law should expand protections to people who have faced workplace discrimination based on gender identity in addition to sexual orientation with opponents arguing that extending protections to include gender identity is too divisive and will hurt the bills overall chances of passage. A version of ENDA passed the House of Representatives in 2007, but was not voted on in the Senate after a veto threat from then President George W. Bush. President Obama has stated that he is supportive of ENDA as well as other legislation which prohibits workplace discrimination.

Continue reading "Fort Lauderdale Employment Discrimination Attorney: United States House of Representatives Begins to Hold Hearings on the Employment Non-Discrimination Act – Prohibiting Sexual Orientation Discrmination" »

According to Broward personal injury attorney Andrew Alitowski, the vast majority of lawsuits filed in the United States never go to trial. Although many or even most plaintiffs file a lawsuit with the intention of taking the case all the way to a trial – both to seek damages and possibly to punish the people or entities who caused their injuries – it is not always a realistic goal.

A few cases are dismissed, says Fort Lauderdale accident lawyer Alitowski. That can happen where the plaintiff provides no evidence to support his claim or does not ‘prosecute’ his case (which generally means filing a lawsuit but not pursuing the case). It can also happen where the factual allegations that the plaintiff makes do not legally meet the definition or the elements of the tort under which he seeks to recover damages. An example of this would be if a man filed a lawsuit for false imprisonment, alleging that his neighbor parked her car in front of his driveway. Although he was slightly confined in that he would have been unable to move his car without driving onto his well-manicured lawn, he was not prevented from freely moving in the sense that he could recover under a false imprisonment theory.

In other cases, the facts and liability are hotly contested, says Fort Lauderdale accident attorney Alitowski. This scenario might occur often with car accidents, when both drivers who were involved in an accident believed that they had the right of way. Betsy believes that she had a green arrow when making a left turn at an intersection, while Bob is insisted that he had a green light. The two vehicles collide, causing vehicle damage and physical injuries. A trial may be appropriate to get testimony and other evidence regarding which vehicle actually had the right of way at the time the motor vehicle accident occurred. Car accidents are among the most common reasons people seek out a good personal injury attorney.

Settlements occur in a variety of cases – and surprisingly, not only for cases in which one party is clearly at fault. A big corporation may settle with a small time plaintiff rather than spend the resources investigating a slip and fall case or taking it to trial. A person or business who is afraid of being forced to pay a very large award of monetary damages, even if the risk is not high – perhaps 50/50 – may settle for a significantly lower amount in order to minimize the risk. Taking a case to trial always carries some risks for both sides and a settlement, while it may or may not provide a lower payout, nonetheless provides guaranteed funds for a plaintiff in need.

Continue reading "Fort Lauderdale Injury Attorney Discusses Settlements" »

For decades, the federal Food and Drug Administration has been regulating everything from cosmetics to chemotherapy medications. One of its most important functions, of course, is food safety, including regulating the food production industry to prevent contamination and food poisoning problems. The FDA is also responsible for approving prescription medications to go on the market, says Fort Lauderdale personal injury attorney Andrew Alitowski, as well as which drugs are safe for over-the-counter sales.

Recently, Congress passed a bill that will allow the FDA to regulate tobacco in addition to its other responsibilities. While this may seem obvious, in that the agency already regulates so many other consumer products to ensure safety, it is a major shift in policy, says Broward injury lawyer Alitowski.

The powerful tobacco industry has managed largely to prevent federal regulation until this point. The FDA will be allowed to issue broad marketing regulations, such as measures that prevent tobacco companies from launching advertising campaigns aimed at children, ban certain ingredients which are harmful to human health, and even ban the companies from giving tobacco products sugary flavors, like fruit or candy. One of the most important measures the FDA will now have authority to implement is adding bigger, very specific health warnings above and beyond the current standard Surgeon General’s warnings placed on cigarette packaging.

Fort Lauderdale injury attorney Alitowski says the new regulatory scheme is a major loss for Big Tobacco. In fact, the companies have arguably been on a downward spiral in terms of luck since they lost a major lawsuit in Florida in 2006. Although the class-action was ultimately overturned on appeal, individual plaintiffs are now taking their wrongful death and personal injury cases to trial throughout Florida – and it will likely cost the companies millions of dollars. The first such case went to trial in February and resulted in a victory for the widow of a man who died of cancer brought on by smoking cigarettes. Her husband could not kick his nicotine addiction, even as he was dying.

Continue reading "FDA to Regulate Tobacco" »

Fireworks-related injuries have dropped recently, but Fort Lauderdale accident attorney Andrew Alitowski nonetheless advices parents and families to be extremely mindful when setting them off this holiday weekend. In 2008, there were eight deaths in the United States related to the use of fireworks, on top of 7,000 people who were treated in emergency rooms for their injuries. The statistics do not take into account other injuries, such as more minor burns, which may have been treated at clinics as non-emergency situations. In 2007, Broward injury lawyer Alitowski says that there were 11 deaths caused by fireworks and close to 10,000 injuries. The figures come from the United States Consumer Product Safety Commission, a federal agency.

The period around Independence Day is always the most fraught with fireworks-related injuries and accidents, notes Fort Lauderdale injury attorney Alitowski. Fully 70 percent of the accidents occur between June 20 and July 20 in a typical year.

The Consumer Product Safety Commission has released a list of safety tips for handling fireworks:

• “Never allow young children to play with or ignite fireworks.
• Make sure fireworks are legal in your area before buying or using them.
• Avoid buying fireworks that come in brown paper packaging, as this can often be a sign that the fireworks were made for professional displays and could pose a danger to consumers.
• Adults should always supervise fireworks activities. Parents often don’t realize that there are many injuries from sparklers to children under five. Sparklers burn at temperatures of about 2,000 degrees - hot enough to melt some metals.
• Never have any portion of your body directly over a fireworks device when lighting the fuse. Move back a safe distance immediately after lighting.
• Never try to re-light or pick up fireworks that have not fully functioned.
• Never point or throw fireworks at another person.
• Keep a bucket of water or a garden hose handy in case of fire or other mishap.
• Light one item at a time, then move back quickly.
• Never carry fireworks in a pocket or shoot them off in metal or glass containers.
• After fireworks fully complete their functioning, douse the spent device with plenty of water from a bucket or hose before discarding to prevent a trash fire.”

Florida and other states ban particularly powerful or dangerous fireworks. Remember that only trained pyrotechnics professionals should handle professional grade fireworks, like the kind put on by cities or theme parks.

Continue reading "Be Careful with Fireworks over the Fourth of July Weekend" »

Tragic accidents occur all the time. Likewise, there are always bad apples who act in ways to inflict injuries on other people, says Broward injury lawyer Alitowski. The injuries that arise from accidents and intentional acts, however, are especially tragic when children are hurt as a result.

Recently, a heartbreaking fire in a Mexican child care facility resulted in the deaths of dozens of children, many of them infants. Other children suffered burns and injuries from smoke inhalation, in addition to psychological trauma from their experiences. Motor vehicle accidents are now the leading cause of fatal accidents involving children. The small body of a child cannot withstand the impact of a car accident quite as well as an adult can. They are also relatively likely to inflict disabilities.

On an even more dire note, many children are victimized by criminals – they may be physically or sexually abused, for example, by caretakers, neighbors, family members, or strangers. Fort Lauderdale accident attorney Alitowski finds that these types of scenarios leave parents wondering, What can I do? What is my recourse against these people, on behalf of my child?

The answer depends on the specific details of your situation, says Broward accident attorney Alitowski, who encourages concerned parents to meet with him for a consultation. If the child survived the crime or the accident, he may be able to sue the person responsible for his injuries. Although the lawsuit occurs in his name, his parents are often more involved in the process. Parents may have a cause of action to file a lawsuit for their children’s injuries in some cases and can file wrongful death suits if a child was killed as a result of another person’s wrongdoing.

Not every injury or accident will result in a viable lawsuit. A parent will likely be able to sue a day-care facility that negligently supervised his small daughter, resulting in her death due to consumption of antifreeze. Failure to properly supervise the child in this situation is extremely problematic. The circumstances of each case are different and it is important to seek the advice of an experienced personal injury attorney before making a decision.

Continue reading "Broward Injury Attorney – Injuries to Children" »

According to Fort Lauderdale personal injury attorneys Andrew Alitowski and William Moore, the vast majority of civil lawsuits never make it to trial. Some estimates show only about two percent of the civil suits file result in a trial, a figure that is surprising to the general public, but reflects a trend injury lawyers have been tracking for years. Decades ago, it was more common to take cases to trial, but other options have surfaced more recently. These other options are often more attractive.

One extremely important option is settlement. Many cases settle for less than the amount the plaintiff originally sought in court documents. For instance, if Janet sues Michael for her car accident injuries in the amount of $100,000, Michael might not want to go to trial and risk incurring the verdict amount, as well as the expenditures associated with litigation. Therefore, he might offer Janet $60,000 to settle, and they could negotiate from that point, perhaps eventually arriving at $80,000. Janet benefits because she will not risk losing at trial.

Broward injury attorney Alitowski says that another important option is arbitration. Many companies, like credit cards and other financial businesses, now require customers to sign a contract agreeing to arbitration. Often, the agreement states that the arbitration ruling will be binding. In these cases, a “judge” or a panel hears both sides of the case in a setting fairly similar to a courtroom. At the end, the arbitrator or panel – often selected of a combination of experts selected by each side – renders a decision. Arbitration is frequently used for contract disputes.

Mediation is sometimes described as a guided settlement procedure. A mediator engages both parties to a lawsuit and helps them come to an agreement. This can be helpful when the parties’ relationship may be too contentious to negotiate a settlement without a third party.

Broward County injury lawyer Alitowski says that old-fashioned civil trials still happen, but less frequently. Large businesses often elect to settle claims rather than spend the time and resources going to trial. They are more likely to devote energy to that, though, if there is a need to show that the company did not engage in wrongdoing, especially if the company anticipates many more similarly situated potential plaintiffs. If one plaintiff wins, many more who suffered similar injuries are likely to file their own lawsuits.

Continue reading "Litigation – A Broward County Discussion" »

Broward personal injury attorney Andrew Alitowski represents clients in modern day civil suits for their injuries, like swimming pool accidents, nursing home abuse, and slip and fall cases. These civil causes of action, common throughout the south Florida Miami-Fort Lauderdale-West Palm Beach area, provide relief to people who have been injured due to someone else’s (usually negligent) behavior. However, Florida law used to recognize some causes of action that now seem antiquated. They are still interesting to discuss. Palm Beach accident lawyer Andrew Alitowski believes they are an interesting study in the evolution of tort law during the twentieth century.

The first cause of action is alienation of affections. It has long been abolished in Florida, although it is still recognized in nine minority-view states. In most cases, a husband or wife sued his or her spouse’s paramour, although other possible defendants included family members or others who encouraged the spouse to divorce, like parents or siblings.

The next outdated cause of action criminal conversation, which is generally synonymous with adultery: a married person has sexual relations outside of the marriage. In some cases, the offense only applied to married women. The husband would have a civil cause of action against the man who had a relationship with his wife.

Seduction has also been formally abolished in the state of Florida. Seduction is enticing a person – usually a woman – to engage in sexual relations. The idea was that the person who was seduced would not have made such a decision on her own, without the seducer’s actions. Often, a woman engaged in sex because she was led to believe the man would marry her. Seduction is largely an outdated criminal charge, but the Florida Statutes also list it as a tort that has been abolished.

Finally, a Floridian may no longer sue for breach of contract to marry. When a man promised a woman that he would marry her, courts until the twentieth century treated the agreement as a binding contract. A man who got cold feet and later refused to marry his fiancée might find himself subject to civil damages – she could sue him.

As ideas of marriage and sexuality have changed, these torts have fallen out of fashion. The changing notions of gender roles and the rise of women’s rights – as well as careers and roles outside the home – also influenced the decline of these torts. Broward personal injury attorney Andrew Alitowski expects the few states that retain some of these causes of action to eventually take them off the books, especially in the wake of constitutional privacy case law.

Continue reading "Fort Lauderdale Personal Injury Lawyer – A Look at Torts in History" »

Broward/Palm Beach personal injury attorney Andrew Alitowski would like to dispel myths and rumors about the right to defend oneself in the state of Florida. Florida adheres to the Castle Doctrine, in addition to having a strong Stand-Your-Ground law. The Florida legislation has served as a model for other states moving in the same direction, protecting the right of self-defense of its citizens – a right many believe goes hand-in-hand with the concept of individual gun ownership rights from the Second Amendment. Palm Beach County residents may believe they need a weapon for self-defense. But when can you be sued for defending yourself, your loved ones, and your home?

The Castle Doctrine is a concept from English law that has made its way to the United States, as well. According to the doctrine as applied in Florida, if you are legally in your home or vehicle and another person enters illegally, the courts will presume that you feared for your life (or the infliction of serious bodily harm) based on the circumstances. The presumed fear is important: because of it, you can use lethal force to protect yourself and others in your home. For example, if an intruder breaks through a window in your Fort Lauderdale home with a baseball bat in the middle of the night and charges at you when you run to the room, you can shoot him in order to protect yourself and your family. If the intruder survives his wounds, he cannot sue you for damages. Also, you cannot be convicted for any crime relating to his injuries or subsequent death. The Florida Castle Doctrine does not apply to people who enter your home or car legally, like police officers, and anyone prepared to defend himself should exercise as much caution as is possible with regard to the situation. It also does not apply if you are using your home or vehicle for an illegal purpose.

The Florida Stand-Your-Ground provisions provide even more self-defense protections. The law removes any duty to retreat, even outside your home. If you are lawfully in a place – for example, a restaurant on Clematis in West Palm Beach – and another patron attacks you, you can “meet force with force,” according to the law. You do not have to retreat to a safe location, even if you could do so. You can even use deadly force if you reasonably believe that such force is necessary to prevent your own or another person’s death or serious injury. You can also use lethal force to prevent the person from completing a forcible felony, like rape, aggravated battery, robbery, burglary and other felonies involving “the use or threat of physical force or violence against any individual.” As with cases falling under the Castle Doctrine, a person upon whom you inflicted injury while standing your ground cannot recover civil damages from you.

Continue reading "West Palm Beach Injury Lawyer – Standing Your Ground & The Castle Doctrine" »

South Florida personal injury lawyer Andrew Alitowski has encountered a wide variety of intentionally inflicted injuries during his career in the Palm Beach/Broward/Miami-Dade metropolitan area. Often, people may think of these injuries as crimes, rather than as civil actions, but the two frequently overlap. An example that may clarify this concept is the O.J. Simpson murder case. Simpson was acquitted of criminal charges because the jury did not believe that the prosecution proved beyond a reasonable doubt that he committed murder. Nonetheless, when the family of Ronald Goldman filed a civil suit against him for wrongful death, they won damages because they were able to show that it was more likely than not that Simpson was responsible for Goldman’s death.

Perhaps the intentional tort the Fort Lauderdale public is most familiar with is battery. Battery is defined as intentionally causing harmful or offensive contact to a person. Occasionally, it can also be harmful or offensive contact to something on the person, such as a woman’s purse. The person who caused the contact – the defendant, if he is being sued – need not have hit the plaintiff with his bare hands to recover for battery. Although that is one possibility, the defendant could also have made the contact with an instrument. For instance, if Danny purposely shoved Wanda into Peggy, Danny would be liable to Peggy for her injuries. Wanda would not be responsible to Peggy, but Danny would also probably be liable to her for any injuries she suffered, as well. Similarly, if Danny intentionally hit Peggy with his car, he could be held civilly liable for her damages in that scenario, too. If you have suffered a battery, contact south Florida personal injury lawyer Andrew Alitowski.

Assault is likely the next best known intentional tort in Broward County. To show assault, the plaintiff must demonstrate that the defendant intentionally caused the plaintiff apprehension of offensive or harmful contact. Another way of saying this is that the plaintiff was reasonably afraid that she was going to suffer a battery. For instance, if Denise approached Pamela waving a realistic toy gun and threatening to shoot her, Pamela has a cause of action against Denise. Despite the impossibility of a real shooting, Denise intentionally made Pamela fear just that.

Intentional inflection of emotional distress is another tort worth discussion. Although it is usually part of a bigger lawsuit – rather than a stand alone issue – the residents of south Florida have almost certainly heard of it. In most cases, the defendant’s conduct must be outrageously outside of the standards of decency and calculated to cause the plaintiff extreme distress. The plaintiff will often demonstrate physical symptoms of her distress, such as the inability to sleep or stress-related headaches, although such symptoms are not necessary. For instance, telling the plaintiff that her father was murdered in an extremely horrific way, such that plaintiff suffered blood pressure-related complications, could set the stage for a successful intentional infliction of emotional distress lawsuit.

Continue reading "South Florida Personal Injury Lawyer on Intentional Injuries" »

Any Broward personal injury lawyer knows that vicious dog bites are not only common, but a source of intense stress. Some victims were chased by inadequately supervised dogs. Others were assured that they were harmless – “all bark and no bite” – by the owners. When bitten by an unfamiliar dog, the situation is even more dire. In addition to the fear at the time of the attack, and the ongoing pain, the victim of a dog bite will also have health concerns and medical bills. For instance, has the dog been recently vaccinated? Do we know who the owner is? Is the owner cooperative? Do I need painful, pricy rabies vaccinations to protect myself? These are just some of the questions clients of our Fort Lauderdale personal injury attorney ask themselves.

First of all, seek medical attention and follow the advice of your doctor. When possible, you will want to find out the history of the dog, including the owner and all veterinarian records. Any Fort Lauderdale personal injury lawyer will tell you that safeguarding your health is the most important aspect of any animal bite ordeal.

A Broward personal injury attorney can help you enforce your rights. Under Florida law, the owner of a dog is liable for the injuries inflicted if you are bitten. This is true so long as you were either in a public place or you were lawfully on private premises. For instance, if you were visiting your friend for dinner when her German shepherd bit you in the kitchen, your friend is liable for the injuries. Likewise, if you were bitten on a public street, sidewalk, park, or other public property, the owner is liable.

If the owner had a “Bad Dog” sign, indicating a dangerous animal’s presence, the owner may only be liable if she was negligent in her supervision or containment of the animal. A Broward personal injury attorney knows that the sign serves as a warning to outsiders who may be unfamiliar with the dog’s dangerous tendencies. The exception to this is children under six years of age: those very young children are always protected by the law. The owner will be liable regardless of whether she was negligent in containing or supervising the dog, if the dog caused injury to the child under the age of six.

Similarly, the owner is liable for damages the dog causes to your pets or your livestock. If your neighbor’s dog comes onto your property and attacks your cat, your toy poodle, or your cattle, for instance, the owner will be liable to you for your damages. Our Fort Lauderdale personal injury lawyer is familiar with the complexities of dog bite cases and the amount of damage just one dog can cause to your person, your animals, and your property.

The owner’s liability for his dog’s behavior does not depend on whether or not he had prior knowledge of the dog’s dangerous tendencies. In some states, the owner must know of the dog’s danger; in Florida, such knowledge is irrelevant. Our Broward personal injury lawyer knows the ins and outs of dog bite liability in Florida.

Continue reading "Fort Lauderdale Personal Injury Attorney: Dog Bites & Florida Law" »

The Insurance Institute for Highway Safety (IIHS) conducts studies and reports on auto accidents and applicable laws in U.S. states. A recent report released by the organization calls on states to raise the legal driving from age 16 to 17. The study revealed that teenagers who receive new licenses at the ages of 17 or 18 are less likely to have accidents than 16-year-olds with new licenses.

The number of crashes suffered by 16-year-old drivers is ten times higher than the number of crashes experienced by drivers between the ages of 30 and 59. More than 5,000 teenagers die in car accidents annually in the United States. In Florida, car accidents are believed to be the leading cause of teen deaths. According to the Florida Department of Motor Vehicles, drivers between the ages of 15 and 19 have the highest rate of crashes and the highest number of driver fatalities.

Some Florida driving school instructors believe that teenagers are in more accidents simply due to their lack of experience, while the IIHS sites the lower number of accidents among teens in the state of New Jersey, which is the only state in the U.S. that has raised the legal driving age to 17.

The highest number of accidents in Florida, however, involves drivers who are 18 or 19 years old. The IIHS believes this is because of the state’s graduated licensing system, which restricts the number of hours younger drivers can be on the road. As a result, drivers who are 16 or 17 are often driving with their parents. Teen auto accidents in Florida were reduced by 23 percent when graduated licensing began in 1996.

Nevertheless, the IIHS believes that car accidents in Florida could be further reduced if a law which increased the driving age to 17 was combined with the extra safety provisions in place regarding learner’s permits, restricted driving hours, and the necessity of 50 hours of experience driving with an adult before a driver’s license is granted.

Continue reading "Should Florida's Driving Age Be Raised?" »

When an accident occurs, the injuries are usually turned into dollar figures. These dollar amounts are called “monetary damages” or “compensatory damages.” Determining the amount of the damages for doctor and hospital charges, car repair or replacement, and the fees charged by attorneys is easy. These are called “Economic Damages” (sometimes also called “Pecuniary Damages”) because they reimburse the injured party for “out of pocket” expenses incurred as a result of the accident. Lost income is also often included in Economic Damages when the person suffering the injuries must miss work.

But damages are also often awarded for “pain and suffering,” which is not so cut and dry. These damages are called “Non-Economic Damages” (sometimes also called “Non-Pecuniary Damages”). It can be difficult to apply a dollar figure to pain or to suffering, so this is where your personal injury attorney comes in. It’s the job of your lawyer to convince the responsible party’s lawyer that you deserve a certain amount of money for your pain and suffering. Much will be made of the severity of your injuries and how long they have caused or will cause you pain. If the injury results in any kind of permanent disability, the amount of money awarded for pain and suffering will be greater.

Non-Economic Damages for pain and suffering may also include something called “loss of consortium.” This means that the spouse of the injured party is also entitled to compensation if the person injured has been unable to participate in the marriage sexually or otherwise as a result of the accident.

These are not the only kinds of damages, though. If you’re in an auto accident, you may also receive “Punitive Damages,” which are allowed in Florida. These kinds of damages apply if the responsible party was very reckless in causing the accident. It may take an excellent personal injury lawyer to prove that the responsible party was truly reckless and negligent in the accident.

This is why it’s important to choose an experienced attorney to help you get the best possible settlement in your car accident case.

Continue reading "Personal Injury Damages: What Kind Do You Get?" »

If you are injured in an accident – whether it’s a car accident, on the job, or elsewhere – you may be entitled to money from the person or people responsible for the accident. This money is typically called “damages,” and the amount you request is called your “claim.”

Your personal injury lawyer will talk to you about a settlement, which is the amount of money you receive from the responsible person or people. After you have agreed to a settlement amount, you let the responsible parties off the hook for the accident and agree to never ask for more money from them. In order to start a case against the responsible parties, you must file a lawsuit against them with the local court in which you are the plaintiff, and they are the defendants.

As the plaintiff, it’s up to you and your attorney to prove that the defendants were responsible for your personal injuries. This proof will determine the amount of monetary damages that you receive. This is true whether or not you end up in court. The better you can prove that the defendants were responsible for your injuries, the less likely you will have to go to court at all.

Your personal injury lawyer will always try to avoid going to court because it is much less expensive. Instead, he or she will attempt to negotiate a settlement with the defendants or the defendants’ lawyer for your monetary damages. Usually, these negotiations are done with the lawyer for the defendants’ insurance company. This is especially true in automobile accidents where auto insurance companies are involved.

If the defendants’ lawyer refuses to pay you monetary damages in an amount that you and your lawyer believe is high enough, you may decide to go to court. Then, a judge or a jury will decide who is at fault for the accident and how much money, if any, you are entitled to receive. This happens most often when fault is not clear-cut. Sometimes, the defendants’ attorney may claim that you or someone else was partially at fault for the accident. There may be more than two parties, such as in a crash involving three or more cars. In a case like this, a judge or jury may be required to decide where the fault lies and how much money is appropriate for each person who suffered injuries.

Continue reading "Accidents and Personal Injury Cases: The Basics" »

If you’re in an accident, you may hear the word “tort.” No, it isn’t a dessert. It’s a legal term for a harmful or negligent act. Florida tort law basically says that if someone causes you injury, you should receive monetary compensation for those injuries.

A tort is not a crime. Someone can cause an injury to someone else without breaking the law, but sometimes a tort does indeed involve a crime. If someone runs a red light, for example, that’s against the law. That person may receive a ticket from a police officer, but if running the red light also causes an accident, the crime is a tort as well.

The “tortfeasor” is the legal term for the person who causes the injury, and the injured party has a right to sue the tortfeasor for compensation, also called “damages.” These damages may involve bodily injury and/or injury to property.

In most automobile accidents, the torts are called “negligent,” which means that the tortfeasor failed to be careful enough to prevent the injury from occurring. Sometimes, a court is required to determine if someone was truly negligent and if their actions really caused the injuries in question. Even if someone is injured, the court may find that the tortfeasor took reasonable precautions to prevent the accident. In this case, the alleged tortfeasor may not have to pay for the injured person’s damages. This is why a personal injury lawyer is important – to help you prove that the tortfeasor is responsible for your injuries. Usually, attorneys can obtain settlement funds for their clients without going to court because court nearly always takes longer and is more expensive.

“Proximate cause” is another term that people see in personal injury cases. It means that the tortfeasor’s actions were a direct cause of the injuries. A court may find that the alleged tortfeasor did not directly cause the injuries and is, therefore, not responsible for paying for the damages. In other cases, it may be found that both the tortfeasor and the injured party are responsible for the accident. This means that they may have to share the cost of the injuries. The court may assign a certain percentage of the blame to each individual.

Continue reading "What is a Tort in Personal Injury Law?" »