South Florida Personal Injury Blog

Broward accident lawyer Andrew Alitowski finds that one of the most common reasons potential plaintiffs are reluctant to pursue their claims in court is because the system is complicated and they have concerns about the cost and the outcome. This article is intended to outline how most personal injury lawsuits work.

In order to pursue a legal claim, it is almost always in the plaintiff’s best interest to hire an experienced personal injury attorney to represent him. This saves headache and insures that the best legal arguments are presented. Fort Lauderdale injury attorney Alitowski is familiar with the ins and outs of discovery and civil procedure, for example, whereas most clients are not because they work in different fields. An attorney can also provide advice on how strong a claim is, if a settlement offer is good, how to obtain the necessary documentation to prove your claim, and a multitude of other issues that arise during litigation.

Broward accident attorney Alitowski says that the first step is to determine if the potential defendant is solvent: that is, can they afford to pay out a claim if the lawsuit is successful. Whether the defendant has insurance is a major consideration, as is which parties can be sued. Suing a government agency is different than suing a private business, which is different than suing an individual citizen.

The attorney files the lawsuit and lays out the allegation against the defendant. He also prepares evidence, such as documents, testimony (depositions), and other information to prove the claim. In most cases, he will have settlement conferences with the defendant’s lawyer. For example, if you file a lawsuit against the driver of a car who injured you in an accident and her insurance company, your attorney would likely meet with the representatives of the insurance company to negotiate a possible settlement. Settlements are often beneficial for both parties because the insurance company minimizes the risk – a very large verdict – while the plaintiff minimizes his risk by ensuring that he does not go to trial and face the possibility of losing.

For cases that go to trial, the injury lawyer will prepare extensively to argue about evidence, case law, statutes, and how the law and facts are in your favor. He will elicit testimony to prove that the defendant was at fault, cross-examine the defendant’s witnesses, and give an opening statement and closing argument to the judge or jury.

Continue reading "How Does a Lawsuit Work?" »

Posted by William Ryan Moore | Permalink | Email This Post

Posted In: Negligence

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Burns are among the worst injuries the human body can receive, says Palm Beach personal injury attorney Andrew Alitowski. Even relatively minor burns can be extremely painful. Burns also have a tendency to leave particularly bad scar tissue behind, even after the burn has fully healed.

Burn injuries can be inflicted a number of different ways. West Palm Beach injury lawyer Alitowski says that many serious burn victims may have a cause of action against the individuals or the entity – such as a business or the government – that is responsible for their injuries in whole or in part. For example, if a neighbor carelessly sets fire to his home, causing yours to go up in flames late at night while you were asleep, you may be able to recover civil damages against the neighbor for his negligent behavior that led to your serious burns. Similarly, landlords who do not maintain their rental properties in compliance with the local building standards may have liability if you are injured as a result of a fire that started in one of their units. For example, if a landlord does not have smoke alarms properly installed, the tenants may not be alerted to the fire until it is tool ate. Similarly, the fire code has other restrictions regarding safe electrical wiring and other building procedures.

Burns can also occur from car accidents, says injury lawyer Alitowski. Unfortunately, motor vehicle accidents can cause explosions and fires under the right circumstances. In these cases, the person who caused the car accident and/or the manufacturer may be liable to you for damages related to your injuries, including lost wages, compensation for your expenses such as medical care, and pain and suffering. Famously, the Ford Pinto was built with a gas tank that exploded during some motor vehicle collisions. There are also other situations in which a manufacturer may be liable for damages caused by burns resulting from problems associated with their products. For example, kitchen appliances, such as wafflemakers, can malfunction if made incorrectly or defectively designed. The manufacturer of these types of products may be liable for to you for your injuries, including burn injuries.

Chemical burns can also cause serious, lifelong injuries, says Fort Lauderdale injury attorney Alitowski. These types of burns are most likely to happen from faulty products or at work. Chemical burns can occur from certain defective batteries or, for employees, during the manufacture of products containing harsh chemicals.

Continue reading "West Palm Beach Injury Attorney – Burn Injuries" »

Posted by William Ryan Moore | Permalink | Email This Post

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When vacationers book a cruise ship, they do so with the expectation of having a wonderful time and a memorable trip, says Fort Lauderdale accident attorney Andrew Alitowski. They do not do so with the expectation of suffering an accident or an injury while on the cruise ship. Unfortunately, many such accidents occur every year. Cruise ships have become a popular destination trip, often providing a lower-cost way to visit several different popular tourist destinations, while advertising nice accommodations.

There are many ways a passenger on a cruise ship could suffer injuries. She may slip and fall (or trip and fall) on an uneven or wet surface. He could fall because of poor steering of the ship itself. A passenger could be subjected to bad food poisoning, especially from improperly prepared or undercooked food, says Broward personal injury attorney Alitowski. Salmonella, botulism, and E. coli are just a few of the possible common food contaminants. All can seriously sicken a person; the elderly and small children are particularly vulnerable to the effects of food poisoning. In the event of food poisoning, the passenger should seek medical attention as soon as is feasible and continue consuming fluids to stay hydrated and to avoid further weakening.

Inadequate medical services may give rise to another personal injury claim. If the cruise ship company provides medical staff on the ship, or if they negligently entrust your care to a bad doctor or hospital at one of the destinations, you may have a civil claim for damages.

Perhaps worst of all, a cruise ship passenger could actually fall off of a cruise ship and into the Atlantic Ocean or the Gulf of Mexico. This is truly a worst case scenario. Cruise ships are not designed for rescue missions and, if the crew is not monitoring the ship or waters, or does not immediately become aware of the accident, the passenger who falls off of a cruise ship could die quickly.

Continue reading "Fort Lauderdale Injury Attorney – Cruise Ship Accidents" »

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Broward injury lawyer Andrew Alitowski recently learned that the parents of a teenager murdered on the grounds of a Fort Lauderdale high school intend to sue the Broward County School Board for failing to protect their daughter, resulting in the girl's wrongful death. Amanda Collette was 15 years old at the time of her death. Teah Wimberly, the 15-year-old former sophomore at Dillard High School, is being held on criminal charges. Wimberly is accused of second-degree murder in Collette's death. Fort Lauderdale negligence attorneys Alitowski and Moore do not represent any party in these proceedings.

According to the Broward plaintiff's attorney representing Collette's parents, the Dillard High School officials failed to meet their obligations to protect Collette while she was in their care. She wrote to the school board that Wimberly had previously had disciplinary problems related to her sexual harassment of students at the high school, including Collette. Additionally, and more disturbingly, Collette's parents allege that the school officials were aware that Wimberly had brought a .22 caliber silver semi-automatic weapon to school with her on the day that Collette was shot and killed. By all accounts, the gun that caused Collette's death was the same weapon Wimberly had in her possession earlier that day.

In the criminal case for Collette's murder pending against Wimberly, police allege that a Broward County school resource officer found Collette unresponsive in a hallway after she was shot. Wimberly had allegedly sent Collette a text message to meet her at that location. Fort Lauderdale police say they subsequently received a call from Wimberly, who had left the school campus. She was arrested at a Captain Crabs Take-Away near the school after the phone call. Police say Wimberly confessed to shooting her friend and classmate in the torso and surrendered the gun. Collette died from her injuries.

Collette's parents plan to claim in their upcoming civil suit against the Broward County school district that Dillard High School failed to take appropriate protective precautions for students in light of the situation with Wimberly. Their Fort Lauderdale personal injury lawyer has stated that measures such as mandatory student screening and metal detectors should have been in place on the day of Collette's death. It is not clear why Collette's parents believe school officials were aware that Wimberly brought a gun to school on the day of the shooting, although students interviewed by the police indicated that Wimberly had shown the weapon to classmates while making threatening statements about Collette.

The Associated Press has reported on the criminal aspect of the case:

Continue reading "Broward Plaintiff's Attorney -- Slain Student's Parents to File Suit Against Fort Lauderdale Schools" »

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Fort Lauderdale personal injury attorneys Andrew Alitowski and William Moore have seen numerous cases in which a plaintiff contributed to her own injuries at least marginally. Most south Florida personal injury lawsuits involve the negligence of one or more people (see the Dog Bites discussion for an example of a strict liability situation). Negligence occurs when someone has a duty of care to a particular person, but does not fulfill that duty. The failure to fulfill the duty must cause an injury in order to recover. For instance, if a woman in a Broward County grocery store slips on the unmarked wet floor in the freezer aisle and fractures her tailbone, she will very likely be able to recover. Shopkeepers owe a high duty of care to their customers, which is why you frequently see yellow signs marking wet floors. If someone trespasses on your tract of land in Palm Beach County and you were unaware of his presence, you may not be liable for his injuries if he falls into a ditch, depending on the specific circumstances of your case. A shopkeeper has a much higher duty to a patron than a landowner has to a trespasser. This is due in part to the fact that a shopkeeper invites customers into her store, whereas trespassers are often unknown and unwanted. Contact Broward injury lawyer Andrew Alitowski to discuss recovering monetary damages in your Fort Lauderdale area injury case.

What happens when the plaintiff was at fault, too? The person she sues, the defendant, will not want to pay for the entirety of her injuries if he only caused part of them. Florida law recognizes that it would be unfair for him to do so. The state uses pure comparative negligence, a system which apportions fault between the plaintiff and defendant(s). The defendant must pay only the damages for which he is at fault.

For instance, assume that Bertha was riding her bicycle in the bike lane on a crowded Hollywood street. She was riding in the bike lane, wearing her helmet. She stopped at a red light, but not wanting to be late to class, she went on through. Bertha had a red light and the crosswalk signal indicated that pedestrians should not walk. Nonetheless, she continued through, not realizing that oncoming traffic had a left turn signal. Cara, who was driving her car to play in her afternoon bowling league, was turning left. Although Cara was able to brake, the car still hit Bertha. Since Bertha had worn her helmet, her injuries were painful but not life-threatening. Bertha sued Cara to recover for her injuries, alleging that Cara was negligent in the operation of her vehicle. The jury determined that Bertha’s injuries amounted to $10,000. Additionally, the jury found that Bertha was 65 percent at fault and Cara was 35 percent at fault. Under Florida law, Cara owes Bertha $3,500.

In most states, that degree of fault on the part of the plaintiff would bar her recovery from a defendant. Florida and 12 other states use a pure comparative negligence system in which any plaintiff who is less than 100 percent at fault can recover for the percentage of her injuries caused by the defendant(s).

Continue reading "Fort Lauderdale Personal Injury Attorney: Pure Comparative Negligence is a Good Policy for Florida Plaintiffs" »

Posted by William Ryan Moore | Permalink | Email This Post

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When an injured Floridian employs a personal injury lawyer, one of the most important tasks of his attorney is to argue to the jury that the defendant – the person who is being sued – caused the his client's injuries. While that sounds like a simple enough task, real life can get complicated. Imagine, for instance, that Car A ran a red light late one night, hitting Truck X. The light turned green and a moment later, Car B barreled through the intersection, also colliding with Truck X. If Car B had turned on his headlights in the dark as required by Florida traffic laws, he would have seen the accident in plenty of time to stop safely. The Jaws of Life extracted Driver X from the mangled mess and in the aftermath, it was difficult to determine which of his many painful injuries were caused by which collision. After six agonizing months in the hospital, Driver X was released and promptly drove to the nearest Broward personal injury attorney. Having had so much time to stew and engage in morphine-induced fantasies about his revenge, Driver X was anxious to sue both drivers for his medical bills and pain and suffering.

It’s entirely possible that Drivers A and B caused equal damage to Driver X’s health. But what if Car A hit Truck X so hard that the truck flipped over, whereas Car B was driven by a 105-year-old great-grandmother at the rate of 17 miles per hour? For these complicated scenarios, Florida completely abolished joint and several liability in 2006. When there are multiple defendants who are actually or potentially at fault for a person’s injuries, the plaintiff may sue both and recover the appropriate share from each.

In these types of cases, the jury or the judge will determine the percentage of the judgment award that each defendant owes. That determination is made exclusively by an examination of the facts surrounding the incident that injured the plaintiff and does not concern a defendant’s ability or inability to pay. In this case, the jury could award the plaintiff $2 million, while apportioning 85 percent of the fault to Driver A and 15 percent to driver B. Therefore, Driver A would be responsible for paying $1.7 million and Driver be would be liable for $300,000.

Prior to the abolition of joint and several liability in Florida, which took place over a period of two decades, the judgment could have been enforced in full against either party. Even if Driver B had only been responsible for one percent, Driver X would have been able to recover 100 percent of the verdict. If Driver B was a wealthy heiress and paid the $2 million, her only recourse for the $1.7 million that she paid for Driver A would be to seek contribution from him. Of course, it is highly likely that Driver A would never be able or willing to contribute the $1.7 million.

While that concept seems fair – that each defendant should only be responsible for the percentage he is at fault – a number of states retain joint and several liability. Why? The reasoning is that the person who should not be left in the cold is the plaintiff. Instead of only recovering a small percentage of what he is due, another defendant who is at fault is better off paying off the judgment for all of the defendants.

Continue reading "Fort Lauderdale Injury Attorneys: Joint and Several Liability" »

Posted by William Ryan Moore | Permalink | Email This Post

Posted In: Negligence

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