South Florida Injury Lawyer Blawg

Trial Court Erred in Dismissing Wrongful Death Claim Against Pharmacist

Published on: July 18, 2016 | by Law Offices of Robert Dixon

In Sorenson v. Professional Compounding Pharmacists of Western Pennsylvania, a man was being treated by his doctor in Ohio for pain after an automobile wreck. The treatment involved administering hydromorphone through a pump that was inserted into the spinal canal.

In 2012, while the man was on vacation in Florida, his doctor recommended that he go to Charlotte Pain Management Center for a prescription. It is alleged that at that point, the doctor prescribed a significantly higher concentration of the drug. The pharmacist compounded the drug and dispensed it to the doctor, who then administered it to the patient. The man died the same day.

The executor of the decedent’s estate filed a wrongful death lawsuit that included a claim of medical negligence against the health care facility. Medical malpractice takes place when a medical professional fails to provide medical care in accordance with accepted medical practices and procedures. The plaintiffs claimed that the pharmacist was negligent in filling the prescription, since it called for three times the amount of hydromorphone. Specifically, the plaintiffs alleged that this was unreasonable on its face, given the strength and dose of the drug.

Establishing Damages in Front of a Florida Jury

Published on: July 18, 2016 | by Law Offices of Robert Dixon

If you or your loved one has been hurt by someone else’s negligence, we can help. When you are injured in an automobile accident in Florida, there may be a wide range of evidence that may be put before the jury. At the Law Offices of Robert Dixon, our Miami injury attorneys understand the nuances of personal injury trials and can put this knowledge to use in your case.

Negligence is a core concept in personal injury law. It forms the basis for most personal injury claims. Negligence requires showing that the defendant failed to use reasonable care and thereby caused the resulting harm or damage. Reasonable care is defined as how a prudent person would act in the same or similar circumstances. In order to prevail on a negligence claim, the plaintiff must be able to establish the following four elements:

The defendant owed the plaintiff a duty of care;
The defendant breached the duty of care to the plaintiff;
The defendant’s breach was the direct cause of the accident and the resulting injuries; and
The injuries or property damage can be reasonably quantified.

Subrogation in Florida Personal Injury Cases

Published on: June 22, 2016 | by Law Offices of Robert Dixon

Subrogation can be a vital part of handling a personal injury claim, and every lawyer should explain this legal principle to his or her clients. At the Law Offices of Robert Dixon, our skilled attorneys have the skill and experience to handle every aspect of your personal injury claim. You can trust that we will zealously advocate for your rights at every step of the way.

Subrogation is an equitable doctrine. Subrogation literally means one person or party stands in the place of another. In the context of motor vehicle accident claims, subrogation is the principle that says that when an insurance company pays an insured’s claim of loss due to another’s negligence, the insurer succeeds to the insured’s right to sue for damages against the negligent party. Put another way, a subrogation claim allows a third party to stand in the shoes of the injured person. These third parties are referred to “collateral sources.” Collateral sources are usually private entities or insurers that make a payment to a party who has a personal injury claim.

When you are hurt due to someone else’s negligence, you will likely be able to seek compensation for your harm. Negligence refers to a failure to use the level of care that a reasonably prudent person would use under the same or similar circumstances, resulting in injuries.

Property Owner May Owe Duty of Care for Landscaped Areas in Florida

Published on: June 22, 2016 | by Law Offices of Robert Dixon

Property owners have a legal obligation to maintain their premises in sensibly safe conditions in order not to injure those who enter the land. Invitees are individuals who enter the land for business purposes, such as customers, and they are owed the highest duty of care. Property owners have a duty to warn invitees of hidden hazards of which the property owner knows or should know and that are unknown to the invitee and would not be discovered through the invitee’s use of reasonable care.

In Grimes v. Family Dollar Stores of Florida, the plaintiff filed a premises liability claim against a shopping center after suffering injuries in the parking lot. The facts of the case are as follows. The plaintiff arrived at the mall to go to the Family Dollar when she tripped and tumbled in the parking lot. The rows of parking spaces were divided by landscaped areas that had trees with re-bar tie-downs. As the plaintiff crossed the landscaped area, she fell over a steel re-bar that was sticking several inches out of the ground. The bar was not being used to secure any of the nearby trees or bushes. Due to the fall, the plaintiff sustained a knee injury.

The plaintiff subsequently filed a negligence claim against Family Dollar, the landowner, and the lessee. The claim alleged a failure to warn, failure to maintain the premises, and failure to correct a dangerous condition. Furthermore, the plaintiff stated that the defendants permitted the re-bar to stick out as a latent hazard in a path used by invitees to the store.

Spectator Injuries at Sporting Events in Florida

Published on: May 4, 2016 | by Law Offices of Robert Dixon

Florida residents can enjoy a number of outdoor sports in the state, due to the great weather that is present most of the time. If you or someone you know has been injured while attending a sporting event, it is important to talk to a skilled Miami injury attorney who can assess the merits of your case. We will examine the facts and give you an honest assessment of whether you have a solid claim.

Spectators at sporting events should be aware that they assume a certain amount of risk. The “assumption of risk” doctrine basically says that the injured person assumed the risk of getting injured by willfully partaking in an activity that the person knew could be hazardous. For example, individuals at a baseball game should know that foul balls and home run balls could land in the stands and hit a viewer. Similarly, golf spectators are typically aware that golfers may not always hit perfect shots that land in the fairway or in the green.

White Water Rafting Injuries in Florida

Published on: May 4, 2016 | by Law Offices of Robert Dixon

White water rafting can be great fun and provide an adrenaline rush. While the activity is undoubtedly fun, it can also be dangerous. If you or someone close to you has been injured in a white water rafting accident, it is important to reach out to a skilled Miami injury attorney who can assess the facts of your case.

American Whitewater reports that on average, there are 6-10 white water rafting deaths for every 2.5 million user days on guided rafting trips. Put another way, there is one death for every 250,000 to 400,000 “person visits” for whitewater rafting. Additionally, about 30 percent of those deaths are a result of heart conditions or heart attacks.

In many cases, you will be barred from taking legal action against the defendant because you will have signed a waiver that prevents liability. Courts will typically enforce these waivers, provided they are valid.

Horse Riding Accidents in Florida

Published on: May 4, 2016 | by Law Offices of Robert Dixon

Horseback riding is a popular leisure and sporting activity in Florida. Just as with any other sport, there are risks and dangers associated with riding a horse. Each year, a number of people are injured riding horses. While many of these injuries are considered to be an inherent risk of riding, in some instances injuries may be the consequence of the equestrian facility’s or the trainer’s negligence. At the Law Offices of Robert Dixon, our skilled Miami injury attorneys can assess the merits of your case and provide you with an honest assessment of your claim.

Horseback riding injuries can range from mild to severe. Some common injuries include broken ribs, broken back, concussion, broken bones, paralysis, sprained joints, lacerations or contusions, loss of visibility, and more. In the most serious and tragic cases, riders can even lose their lives in horse riding accidents.

In Florida, the Equine Activity Liability Act intends to define the parameters of liability associated with equestrian activities. Under the law, equine professionals and horse-related activity sponsors are required to post caution signs on properties where equestrian activity is taking place. In addition, specific cautionary language must be present in all of the contracts used when the public interacts with horses.

Court Clarifies When Statute of Limitations is Tolled in Florida Medical Malpractice Case

Published on: April 27, 2016 | by Law Offices of Robert Dixon

Accident victims have a limited time frame to file their personal injury claims in Florida.

In Bove v. Naples HMA, LLC, the Second District held that the plaintiff’s medical malpractice lawsuit was filed in an untimely manner given the relevant statute of limitations time frame. On February 26, 2012, the plaintiff’s husband died after a bone marrow transplant. On February 25, 2014, one day before the two-year statute of limitations would be up, the plaintiff sent the defendants a notice of intent to pursue litigation. The defendants did not receive the notice until early March of the same year. The plaintiff filed a motion to extend the statute of limitations. The defendants filed a motion to dismiss the claim on the grounds that the statue of limitations was up. The trial court agreed with the defendants.

On appeal, the plaintiff argued that she did not know of the potential medical negligence until July 2012, when she first met with her lawyer. Under Florida law, the time limit for medical malpractice claims is two years from the date of the incident, or two years from the date the injury was discovered or should have been discovered, but not more than four years from the date of the incident.

Different Types of Damages in Florida Personal Injury Cases

Published on: April 27, 2016 | by Law Offices of Robert Dixon

Establishing damages in personal injury cases can be a complicated process. If you or someone you know was injured by someone else’s negligence, you may be able to recover damages. Exact determinations of damages can be tricky, and having the right attorney on your side can make all the difference in your case.

It is important to note that obtaining any sort of compensation typically requires establishing negligence. Negligence is a failure to exercise reasonable care that causes injury to someone else. Reasonable care refers to the standard of care a reasonably prudent person would use in the same or similar circumstances. In order to prevail on a negligence claim, the plaintiff must show that the defendant owed the plaintiff a duty to use reasonable care, the defendant breached this duty, the plaintiff’s resulting harm was a direct result of the defendant’s breach, and the plaintiff incurred actual damages.

Compensatory damages are awarded to an individual to make the person whole again. Put another way, compensatory damages are meant to restore the plaintiff to the condition in which he or she was before the injury. Compensatory damages refer to both economic and non-economic damages. Economic damages typically include compensation for medical expenses, lost income, impaired earning capacity, property damage, and more. Non-economic damages include losses such as pain and suffering and other forms of mental distress, which can be tough to measure in terms of a monetary amount.

Distracted Walking Accidents in Florida

Published on: April 27, 2016 | by Law Offices of Robert Dixon

We have heard time and time again about the dangers of distracted driving, but what about distracted walking? With the increased use in cell phones, there has been a drastic rise in the number of distracted walking accidents. In fact, pedestrian-related accidents have become so common that there is a word for the phenomenon – pedextrians. If you have been injured in this type of accident, it is important to seek the help of a qualified Miami injury attorney who can assess the merits of your case.

Distracted walking refers to a situation when a pedestrian’s attention is somewhere other than his or her surroundings. These days, distracted walking often occurs when a pedestrian is so caught up in using their phone that they disregard the dangers around themselves and cause an accident. The American Academy of Orthopedic Surgeons (AAOS) conducted a study in 2015 and found that 78 percent of people involved in the study recognized distracted walking as a major concern. Beyond the hazards of slipping, tripping. and falling, being engrossed in one’s phone can also lead to serious accidents.