Florida Personal Injury Caselaw Category Archives - Page 5 of 14 - South Florida Injury Lawyer Blawg Published by Miami Accident Attorneys

Florida Supreme Court Tosses Wrongful Damages Cap Applied by Lower Court

Published on: December 20, 2018 | by Law Offices of Robert Dixon

A number of people in Florida and across the country suffer from a serious nicotine addiction, which they satisfy by smoking cigarettes. If you or your loved one has developed an illness due to a nicotine addiction after using cigarettes, you may be able to recover compensation for the injury. Our highly reputable Miami injury lawyers have represented numerous smokers and their families in personal injury cases, and can represent you as well. These cases are extremely tricky so having an experienced attorney advocating for you can be the difference between winning and losing a case.

Products Liability Cases

Consumers expect products to be safe. While it is now commonly understood that smoking is bad for your health, this was not always the case. People were already addicted to cigarettes long before tobacco companies began warning smokers of the risks on the packages. This intentional disregard for public health often makes tobacco companies and cigarette manufacturers susceptible to products liability lawsuits. These lawsuits intend to hold manufacturers accountable for placing hazardous products into the stream of commerce.

Wrongful Death Case Caused by Dangerous Product

Florida’s highest court recently published an opinion rebuffing a lower court’s ruling to enforce a seemingly clear-cut rule pertaining to the extent of compensation a party filing a wrongful death claim in the state is allowed to recover. The Supreme Court determined that the court had made a mistake in failing to defer to the jury decision and the trial court ruling in not allowing the defendant’s request to lessen the total compensation given by the jury to the plaintiff.

Florida Court Dismisses Personal Injury Case Because Plaintiff Concealed Prior Injury

Published on: September 20, 2018 | by Law Offices of Robert Dixon

If you have been injured in a car accident that was not your fault, you may be able to recover compensation for your losses. At the Law Offices of Robert Dixon, our seasoned Miami car accident attorneys understand the nuances of Florida personal injury law and can help you navigate the case in an effective and efficient manner.Being forthright and truthful when providing testimony is critical to every personal injury case. When a person fails to provide honest testimony, there can be serious consequences for the case. In a recent Florida case, the state appeals court dismissed a personal injury lawsuit after the plaintiff concealed a history of lower back injuries.

In this case, the plaintiff was riding in a car owned by his girlfriend when the vehicle was hit by a white pickup truck. After the accident, the truck fled the scene. The plaintiff filed a lawsuit after the crash, claiming that the girlfriend’s conduct behind the wheel was negligent and caused him to suffer permanent neck and lower back injuries.

Florida Appeals Court Address Lost Wages Issue in Car Accident Case

Published on: April 26, 2018 | by Law Offices of Robert Dixon

Medical expenses, lost wages, and property damage are just some of the damages that a personal injury plaintiff would typically be entitled to receive after an accident. Every accident is different, and the amount of damages a plaintiff will be entitled to receive will vary based on the specifics of the case. If you have been injured in a car accident caused by someone else’s negligence, our skilled Miami car accident attorneys can help you determine the appropriate amount of damages in your case. With years of experience, we understand how to navigate these types of claims in an effective and efficient manner.

In a recent ca se, the plaintiff got into a car accident with the defendant. The defendant admitted that he caused the crash but disputed that the accident caused the plaintiff’s permanent injuries.

At trial, the plaintiff’s pain management physician testified that the plaintiff would require palliative care that would cost between $525,000 and $850,000. The plaintiff’s orthopedic surgeon testified that while the plaintiff’s condition was stable, cervical surgery would help increase the plaintiff’s functional capacity and quality of life. The cost of cervical surgery can be between $90,000 and $120,000. He also stated that if the surgery was not entirely successful, a follow-up lumbar surgery might be needed that would cost between $60,000 and $90,000. The plaintiff also sought lost wages, testifying that she was afraid of losing her job due to her injury.

Plaintiff’s Claim Against Pharmacy Dismissed for Procedural Error

Published on: April 26, 2018 | by Law Offices of Robert Dixon

Unfortunately, medical errors affect many people in Florida every year. If you have been harmed due to a medical professional’s negligence, you need to reach out to a reputable Miami medical malpractice attorney without delay.

In a recent case, the plaintiff filed a claim against a doctor and a pharmacy for overprescribing medication. The deadline for pre-discovery passed, and the plaintiff had not identified any expert witness who would be testifying for her at trial. The court determined that the plaintiff had failed to designate any expert on the applicable standards of care until the day on which the district court had scheduled the summary judgment hearing. The district court ruled that since the plaintiff was late in naming an expert, the expert should be excluded, and without expert testimony, the plaintiff would not be able to establish his or her case based on the alleged standard of care violation by the defendants.

The plaintiff appealed. The appellate court affirmed the lower court’s decision, explaining that trial courts have broad discretion regarding how to handle their caseloads, including imposing sanctions when a party fails to comply with relevant deadlines. For starters, the court pointed out that the plaintiff had not preserved the issue for appeal, and even if the issue had been properly preserved, the plaintiff would not have been able to win because she failed to explain why the notice of expert testimony was filed more than three months past the discovery deadline. Ultimately, the plaintiff’s case was dismissed against the doctor as well as the pharmacy.

Florida Court Holds Insurance Company Must Cover Golf Cart Accident

Published on: April 19, 2018 | by Law Offices of Robert Dixon

An unexpected accident can not only result in painful injuries but also lead to numerous doctors’ visits and even days off from work. If you or a loved one has been injured in an accident that was not your fault, you may be entitled to compensation for your harm. At the Law Offices of Robert Dixon, our seasoned Miami accident attorneys understand the nuances of Florida personal injury law and can apply this knowledge to your case. We are here to answer your questions and address your concerns.

Florida is known for its lush golf courses. While most people enjoy the activity without incident, the reality is that Florida golf cart accidents are quite common. Some of these accidents can result in serious and long-term injuries. In most cases, a person who sustains an injury can file a claim for damages against the at-fault party. The at-fault party’s insurance company will then evaluate the case and make or deny payments for medical expenses and other losses accordingly.

A Florida appeals court recently issued an opinion in a case involving a female pedestrian who suffered injuries after being hit by a golf cart. The woman was walking along a path in a retirement community when she was hit by another resident driving a golf cart. Sadly, the operator of the golf cart who caused the crash did not have enough insurance coverage to properly compensate the victim for her harm. As a result, the woman had to file a claim under her own insurance policy’s underinsured motorist (UM) provision.

Assumption of Risk Doctrine in Florida

Published on: December 21, 2017 | by Law Offices of Robert Dixon

If you have been injured in a trip and fall accident, you need to reach out to a skilled Miami premises liability attorney who can evaluate your case and determine your rights.

The Florida Supreme Court has previously ruled that an express assumption of risk only exists in express contracts not to sue and injuries caused by contact sports. In a recent case, the Fifth District Court of Appeal addressed the concept of assumption of risk in Florida.

Assumption of risk is a common defense used by many defendants in Florida personal injury cases. Under the assumption of risk doctrine, courts can prevent plaintiffs from holding others accountable for their injuries when they engage in an activity that they know is dangerous. In other words, a plaintiff cannot sue for injuries when the plaintiff was partaking in a hazardous activity for which the risks were known.

Florida Woman Sues Apple For Injuries Sustained in Store

Published on: December 21, 2017 | by Law Offices of Robert Dixon

While most retail stores are well-run places where customers can browse and make purchases safely, the reality is that some accidents are bound to happen in these spaces. If you or someone close to you has been injured in a retail store, you may be able to seek compensation for your harm. At the Law Offices of Robert Dixon, our seasoned Miami premises liability attorneys understand how to navigate these types of cases and can put our knowledge to use in your case.

In a recent lawsuit filed in the Southern District of Florida, a St. Lucie County plaintiff is suing an Apple store for an injury suffered while in the store. According to the complaint, the plaintiff had arrived to the store to have her iPhone repaired. An employee went to retrieve an iPhone case from a wall located within the store. At that time, the store employee dropped a sharp metal shelf bolder on the plaintiff’s left arm while looking for an iPhone case for her.

According to the Occupational Safety and Health Administration, accidents do not just happen. In fact, nine out of 10 customer accidents result from some form of negligence. In the case at hand, the plaintiff seeks damages for her injuries, which she alleges are serious and have caused her to become lame and disabled and may even result in permanent injuries. The plaintiff further alleges that her injuries were caused solely by the negligence of the defendant without any contributory negligence on her part.

Florida Court Examines Applicability of Recreational Immunity Statute

Published on: December 21, 2017 | by Law Offices of Robert Dixon

Property owners in Florida have a legal obligation to keep their premises in a reasonably safe condition so as not to injure those who visit the property. If you or your loved one has been injured on someone else’s property, you may be entitled to compensation. At the Law Offices of Robert Dixon, our Miami premises liability attorneys can examine the facts of your case and help you determine your rights and options.

In a recent Florida case, the appellate court discussed the applicability of a recreational use statute to a skating injury. The facts of the case are as follows. The plaintiff was rollerblading on a city street when he tripped over a pothole and sustained serious injuries. The plaintiff went on to file a premises liability claim against the city, claiming that the City was negligent in failing to repair or warn against the pothole that caused his injuries.

Florida Statute, Section 316.0085, also known as the Recreational Statute, is intended to promote skateboarding and inline skating along with other recreational activities. The statute expressly states that if a government entity sets aside an area for these types of activities, that government entity is not liable for any resulting injuries in the area in the absence of a failure to warn about a hazardous condition of which someone does not and could not reasonably be expected to have notice. Put simply, the statute says that the government is not liable for injuries that occur at skate parks and areas where skateboarding is allowed.

Preponderance of the Evidence Standard in Florida Civil Cases

Published on: November 2, 2017 | by Law Offices of Robert Dixon

Careless conduct causes injuries and even deaths in Florida and across the United States on a daily basis. If you or your loved one has been hurt in an accident caused by someone else’s negligence, you need to reach out to a seasoned Miami accident attorney who can assess the merits of your case. At the Law Offices of Robert Dixon, we have years of experience and know how to establish fault in personal injury cases. You can trust that we can uncover the facts of your case and determine the viability of your claim.

Most personal injury cases are rooted in the theory of negligence. Negligence occurs when a person is injured or killed due to another party’s failure to use reasonable care. Reasonable care is defined as how a prudent person would act in the same or similar circumstances. In order to establish negligence, the injured party has to demonstrate the following elements: i) the at-fault party owed a duty of care to the accident victim; ii) the at-fault party breached the duty of care owed to the accident victim; and iii) the at-fault party’s breach was a direct and proximate cause of the accident victim’s injuries. In some cases, negligence takes place when a person fails to act when there is a duty to do so.

The burden of proof in negligence cases falls on the plaintiff, who must show negligence by a ‘preponderance of the evidence.’ Under this standard, also known as the ‘greater weight of the evidence’ standard, the party who has the more persuasive and convincing force and effect of the evidence in the case will prevail. Another way to think about this standard is to think about the scales of justice – if the plaintiff’s evidence outweighs the defendant’s evidence, even by a marginal amount, the plaintiff will win the case. Essentially, the plaintiff must prove that their assertions are more likely true than not. If they have proven the case to a 50.1 percent degree of certainty, they will succeed. However, if the plaintiff cannot reach this threshold, the defendant will win.

Florida Supreme Court Awards Attorney Fees to Plaintiff in Addition to 1.7M in Damages

Published on: January 30, 2017 | by Law Offices of Robert Dixon

In Anderson v. Hilton Hotels Corps., the plaintiff was seriously injured when a gunman in a Florida hotel parking lot attacked him. Specifically, the plaintiff was shot during an armed robbery, carjacking, and shooting that took place in the parking lot of a Central Florida Embassy Suites hotel. He subsequently filed a claim against the hotel, the hotel management company, the hotel investment firm, and the hotel security contractor for $1.7 million.

The plaintiff’s lawsuit was a premises liability claim, arguing that the defendants had not provided adequate security for the property, even though there was a foreseeable risk of harm to hotel guests. The plaintiff pointed to the fact that the guard on duty mainly worked inside the hotel and did not patrol the outside of the hotel. Additionally, lights that would have illuminated the parking lot were burnt out and had not been replaced for a number of months. The hotel staff had instructed the plaintiff to park in this lot despite its being poorly lit.

The statute permits that if a settlement offer is made by either side and is not accepted within a 30-day time frame, and the issue ends up going to trial and is decided in favor of the opposing party with a judgment that is an amount in excess or less of the original offer by 25 percent or more, the losing party must cover the lawyer’s fees of the other party.