Articles Posted in Personal Injury

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There are an estimated 423,000 hotel rooms in Florida, spread across nearly 4,520 properties, according to the Florida Department of Business and Professional Regulations. As an experienced Orlando hotel injury attorney can explain, owners of hotels and resorts aren’t required to guarantee their guests will never be hurt on site. They do however owe a duty of care to provide guests with a property that is safe, clean and free of conditions that are foreseeably dangerous. When they fail to provide this, it’s considered a duty of care breach, and companies can be liable for injuries that result.Orlando hotel injury lawyer

Florida hotel injury cases fall into a category of tort claims known as premises liability. Because guests of a hotel or resort are presumably there for the benefit of the property owner, they are deemed “business invitees” under Florida law and, as such, are owed the highest legal duty of care by the business. That means not only to property owners (and managers) have a responsibility to warn of or correct known dangers on site, they must also routinely inspect the property for any dangerous conditions that may otherwise be unknown.

Premises owners and occupiers have a duty to warn of or correct known dangerous condition on the premises – and to regularly inspect the premises for any unknown dangerous conditions. For example, an Orlando hotel injury attorney might file an injury claim on your behalf if the hotel or resort owner failed to promptly discover and/ or clean a spill from the floor in the lobby or a broken stairway railing. If we can help prove it was this breach of care that caused your injuries, you have a strong case for damages. These can include all related medical bills and expenses, lost wages/ time off work, out-of-pocket expenses, loss of earning capacity, inconvenience, physical pain and suffering, mental anguish, loss of spousal support, etc.  Continue reading →

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When a spinal cord injury attorney examines the value of an injury lawsuit, he or she will look carefully at the long-term prognosis. In most cases where a spinal cord injury is “complete,” the likelihood one will ever walk again – or regain function of any significant degree at or below the injury site – is infintesimal. A spinal cord injury lawsuit centering on an incomplete injury may be return somewhat lesser damages for the greater chance there could be regained function, motion or feeling at or below the site of the injury. Still, if these functions aren’t restored within the first six months, the chances they will ever be are quite small.spinal cord injury attorney

However, the results of a recent experimental spinal cord injury treatment, published in the New England Journal of Medicine, reveals how a Florida woman was one of a handful of paralyzed patients who is reportedly “walking” again. The Citrus County woman, 23, was one of the patients who suffered a complete spinal cord injury, “signifying no voluntary movement or sphincter function below the level of injury.” Though some did retain some level of sensation, they were not expected to recover independent walking. The 14 test patient subjects were roughly 2.5 years to 3.3 years post-traumatic spinal injury for whom recovery was not forthcoming with locomotor training alone. Researchers with the Kentucky Spinal Cord Injury Research Center gave the patients some 278 epidural stimulation (electrical nerve stimulators placed in the spinal cord) and gate training over a period of 15 to 85 weeks.

All experienced voluntary movement with the implant, and also improved their bowel and bladder function. Four achieved independent standing and trunk stability. Two achieved over-ground walking (not on a treadmill). In addition to the young woman from Florida, the other person who regained walking function had been paralyzed from the neck down. When the stimulator is off, he is unable to even sit up. When it’s on, he can take small steps with a walker. Continue reading →

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One of the most frequently-asked questions of an Orlando medical malpractice lawyer is: How long does a medical negligence claim take? It’s an important one, so we understand why it is raised so often. However, the best answer we can give is: It depends. how long does medical negligence claim take

Some medical negligence claims can take a few months to resolve. Others can take several years. In cases wherein plaintiff must lobby a state lawmaker to file a legislative claims bill in order to collect on a trial court’s medical malpractice verdict against a public hospital or practitioner, it’s not unheard of for it to take over a decade. The same is true of general negligence claims, but one of the main reasons medical negligence claims can take so much longer is not only are they more complex, plaintiffs must meet the pre-lawsuit screening standards set forth in Chapter 766 of Florida Statutes, which deals with medical malpractice and related matters. These include the requirement to have an expert witness who meets the qualifications as set forth in F.S. 766.102, required notice before filing action, court-ordered arbitration, mandatory mediation and settlement conferences and immunity for a number of entities.

This is why many Orlando medical malpractice lawyers and injury attorneys will try if possible NOT to have the case classified as such. Although some cases can be categorized no other way, not all injuries that occur in a hospital are the result of medical negligence.

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A recent feature in The Chicago Tribune detailed the lifelong struggle of a child – now a man – diagnosed with Erb’s palsy shortly after birth. Today, the young man is now a junior at a university in Illinois, overcoming countless challenges following his birth injury in Florida that an Erb’s Palsy lawyer can explain impacts as many as two in every 1,000 babies, according to the American Academy of Orthopaedic Surgeons.Erb's Palsy Lawyer

The story detailed how the mother and son first realized the uphill battle they’d both face: When he was 6-years-old and cried because he was unable to tie his shoe with a single hand. His mother, however, would not allow her son to use the word, “can’t,” and instead spent months teaching herself to tie her own shoe one-handed so she could teach her son. That kind of persistence paid off, and today, the 6-foot-6-inch shooting guard (whose parents – both former college basketball stars themselves – still live in Florida) is considered an inspiring success story. However, a birth trauma attorney recognizes that such heartwarming successes do not come easy.

Those who suffer from birth injuries like Erb’s Palsy can expect long-term difficulty impacting not just their physical ability, but social development, educational opportunities and career prospects.

How a Palm Beach Erb’s Palsy Lawyer Can Help Continue reading →

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If you have suffered a serious blow to the head that resulted from another’s negligence, you may have a strong claim for damages. An experienced traumatic brain injury attorney is necessary to help ensure you recover fair damages, given the potentially devastating and lifelong impact of such an injury.traumatic brain injury attorney

Examples of traumatic brain injury causes that can warrant significant damages in Florida lawsuits include:

  • Auto accidents (including car accidents, truck accidents, motorcycle accidents, bicycle accidents and pedestrian accidents);
  • Defective products (toys, tools, cooking utensils, ladders, etc.);
  • Swimming pool/ drowning accidents;
  • Construction accidents;
  • Nursing home neglect or nursing home abuse;
  • Medical malpractice.

A recent study published in the Journal of Head Trauma Rehabilitation, analyzed the physical, cognitive and psychosocial factors associated with mortality among those who suffer chronic traumatic brain injury. They analyzed nearly 1,200 decedents and more than 10,800 control subjects, finding those more likely to survive had independence in mobility (the most strongly-correlated/ important factor). Another key factor was the degree of community participation. Those who survived longer tended to be more involved socially.

Caregivers were instructed to focus on these points. A traumatic brain injury attorney analyzing a case will also be looking at all these factors, and how one’s quality of life has diminished since the injury, in ascertaining what degree of damages to ask of insurers (or more likely the judge or jury). Although many Fort Lauderdale personal injury claims are resolved in pre-trial settlements with the help of an attorney negotiated on your behalf, many traumatic brain injury cases are heavily disputed in some regard, primarily because insurers recognize the profound financial implications.  Continue reading →

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People who run 5ks, 10ks, half-marathons and marathon races know they have to build up their endurance – both muscular and cardio – in order to run the race safely. Marathon races especially can be grueling, and it’s understood that to some extent, when one chooses to participate, they are accepting an inherent risk of possible physical injury or illness. However, that does not absolve organizers of these races and communities where they are held from ensuring medical help is promptly available to anyone who may have suffered an unexpected health consequence in the course of participation. injury lawyer

Recently, an appellate court in California ruled a San Francisco family will be allowed to pursue legal action against the race organizer of a half marathon for failure to provide a medical doctor, ambulance or emergency medical equipment at the finish line.

According to court records, the 31-year-old participant suffered cardiac arrest after finishing the 13.1-mile park run. Numerous bystanders, including several fellow participants with medical training (three city firefighters) hurried to his aid while awaiting life-saving equipment, stored in a tent nearby. However, some 45 minutes after his collapsed, the runner died.  Continue reading →

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Food poisoning is probably one of the most unpleasant illnesses one can have. Some may be only laid up for a few days feeling miserable, but then otherwise return to normal. In other cases, though, one may suffer serious consequences – up to and including death. This is especially true for young children, the elderly and those whose immunity is compromised.food poisoning attorney

When food poisoning is caused by the negligence of another person or entity (restaurant, grocery store, delivery truck company, food truck operator, nursing home, hospital, hotel, cruise ship, etc.), plaintiff may pursue a claim for damages. These cases can be challenging for the fact they are usually based largely on circumstantial evidence. That’s because the type of bacteria that typically causes food poisoning – salmonella, norovirus, Listeria and E. coli – can be be found on a range of different foods in a range of scenarios. There is often no way to know 100 percent for certain that an illness was caused by the food alleged.

Our Orlando food poisoning attorneys however can help build a case by producing evidence to meet the burden of proof, which in these cases is a “preponderance of the evidence.” In short, this means showing it was more likely than not that a particular fact or event occurred as alleged. That’s a lower standard than what we use in criminal cases, which is “beyond a reasonable doubt.” So if a juror thinks there is a 51 percent chance events occurred as you alleged, you have met your proof burden. Continue reading →

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Cruise ship vacations and travel are a top tourist draw in Florida, with ships commonly leaving from ports in Miami, Fort Lauderdale and Port Canaveral. While many come home from these excursions with memories they’ll always cherish, others are left with a nightmare they’d forget if they could. cruise ship injury lawyer

Sexual assault on cruise ships is a major problem, as reported last year by NBC News, which noted victims are disproportionately under 18. In one instance reported by the outlet, the 16-year-old girl of a single mother was allegedly sexually assaulted by a trainer in the gym on board the cruise ship. The case was reported, and the ship did collect evidence and contact the FBI. However, no criminal charges were ever filed – something NBC reported was common in these cases. Of the 92 alleged on-board crimes that were reported by cruise lines in 2016, 62 of those were for sexual assaults and rapes – a Congressional report finding one-third of the victims were minors.

As our Fort Lauderdale cruise ship injury attorneys can explain, cruise lines can be held liable for sexual assaults and other criminal attaches that occur on ships and during excursions – particularly if they involve employees of the ship. In the event an employee was involved, cruise lines may be deemed strictly liable, meaning it’s not necessary to prove negligence. However, in cases where other passengers were involved, plaintiffs will need to prove negligence, which is failure to exercise a duty of reasonable care. Continue reading →

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A recent decision by a California appellate court has held that a golf course does owe a duty to use reasonable care to those playing golf to protect them from wasp nests on site. Such cases fall under the umbrella of premises liability, and pertain to the expectation that those who welcome guests onto their property have a responsibility to make sure they are reasonably safe, and that they are warned about dangerous conditions about which the owner/ manager knows or should know.Orlando golf course injury lawyer

As our Orlando injury lawyers have seen, golf course injuries usually tend to involve golf cart accidents, fast-flying rogue golf balls and trip-and-fall or slip-and-fall hazards. However, here in Florida, we also have amazing – but potentially very dangerous – wildlife patrons may encounter on golf courses. These include alligators (the most common large animal on Florida greens, as noted by The Guardian), pythons, bears, bobcats and of course stinging or biting insects like bees, wasps and red ants.

In terms of liability, Florida golf course owners have a responsibility to take measures to protect their guests by addressing these issues or posting adequate warning so guests can be alert and use appropriate caution. Continue reading →

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Responsibility for sidewalk maintenance depends on where the walkways is located and what the state and municipal ordinances say about who is responsible. Sometimes it can be private property owners located adjacent to the walk or homeowners associations or businesses on which the walkway exists. On public sidewalks, though, responsibility for maintenance usually rests with the county, city or town government. Orlando sidewalk injury lawyer

If you suffer injury in an Orlando sidewalk trip-and-fall, your claim is likely to be against the City of Orlando, which is responsible for sidewalk grinding of sections that have become lifted, cracked or uneven. Although old English common law established the idea of governmental “sovereign immunity” from torts, F.S. 768.28 outlines the state’s waiver of sovereign immunity in tort actions, allowing it to be treated just like any other negligent party or vicariously liable employer. However, there are a number of exceptions, which is why it’s so important to work with an Orlando injury attorney with a track record of success in cases against government agencies. Ask for specific examples when you’re deciding which attorney to hire.

One of the exceptions outlined in the statute involves something called discretionary function immunity (the opposite of which is ministerial function, for which governments can be held liable). These are technical and complex legal concepts, but the easiest explanation is that ministerial duty applies to a public employee’s official duty, without room for the worker to exercise any discretion. On the other hand, discretionary function is that which involves a function of one’s public employee job that requires the individual to exercise some degree of judgment in carrying out the task.  Continue reading →

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