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Loss of vision in one or both eyes is a traumatic and painful experience. Any interference with an individual’s ability to see can affect every aspect of his or her daily life. Even minor injuries to the eyes can leave long-term complications for the victim to deal with. Individuals who suffer from eye injuries deal with an extraordinary amount of physical, emotional, and psychological stress. If you or someone close to you has suffered vision loss or an injury to the eye, you have the right to seek compensation.

Eye injuries can occur in a variety of ways, ranging from automobile accidents to slip and falls to animal bites. In some cases, eye injuries happen due to mistakes or errors in medical procedures. Victims can suffer from a number of eye injuries, such as detached retina, eye laceration, blindness, cornea injuries, chemical burns to the eye, orbital fractures, and more.

If you suffer an eye injury due to the negligence or recklessness of another, you will be able to seek compensation for your injuries by filing a negligence lawsuit against the at-fault party. The principle of negligence mandates that individuals use reasonable care when acting. Reasonable care refers to a standard of behavior that is sensible or prudent. The idea behind negligence is to take reasonable precautions in one’s actions or omissions to prevent foreseeable harm to others. In order to establish negligence, a plaintiff has to establish four elements. The defendant must have owed the plaintiff a duty of care to act reasonably, the defendant must have breached the duty of care by acting unreasonably, the accident or occurrence must have happened because of the defendant’s breach, and the plaintiff must have suffered harm or injury to the eye as a result. Continue Reading ›

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Premises liability issues can arise in a variety of ways. Whether it’s through a slip and fall or an elevator malfunction, property owners have a legal obligation to keep their premises in reasonably safe conditions for visitors. An injured victim can typically sue a property owner for damages based on premises liability if the plaintiff can establish that the injuries were caused by the landowner’s negligence. Premises liability law is complex, which is why it is important to seek the help of a qualified attorney who understands the nuances of this area of the law.

In Friedrich v. Fetterman & Assocs, the Florida Supreme Court held that a law firm was liable for injuries incurred by the plaintiff when the chair he was sitting on suddenly collapsed. The plaintiff was a potential client visiting the law firm’s office for a consultation regarding an automobile accident he had recently gotten into. When the chair collapsed, the plaintiff fell backwards onto the floor, hitting his head. After the incident, the plaintiff voiced concerns of persistent headaches, neck and back pain, and a host of other problems. Eventually, he went through spine surgery, which he claimed improved his overall condition. Continue Reading ›

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Settlement is often a quick and efficient method of resolving personal injury claims. The option lets parties negotiate an agreement that works for them without spending the time and money that is typically required in a lawsuit setting. While settlements seem like the easy option, it is important to remember that settlement offers must be clear and unambiguous to be valid. In some cases, a party who rejects a settlement agreement and then subsequently loses his or her case may be responsible for some of the opposing party’s costs and fees.

In Alamo Financing v. Mazoff, the plaintiff Mazoff filed a lawsuit seeking damages from Alamo Financing and Paola Alvarado-Fernandez. Alamo Financing was the owner of the vehicle that was being rented by Alvarado-Fernandez at the time of the accident. She hit an overturned car that subsequently hit Mazoff. Mazoff had gotten out of the car to help the occupants of the overturned vehicle when he was hit, and he suffered injuries as a result.

To end the matter, Alamo extended a settlement offer to Mazoff for a monetary amount in order to resolve “all claims made in the present action by the party to whom this proposal is made including any claims that could be made against [Alamo] which arise out of the same occurrence or event set forth in this action.” Mazoff failed to respond for over a month, at which point Alamo assumed he rejected the settlement offer. Continue Reading ›

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Unfortunately, slip and fall accidents happen routinely in Florida and throughout the United States. There are a number of reasons that slip and fall accidents occur, from uneven sidewalks to slippery floors. Generally, it is the responsibility of a landlord to ensure that the premises are in safe condition for visitors. If your slip and fall happens because of a landlord’s negligence, you may be able to take legal action to recover costs associated with your injuries.

In Hillstone Restaurant Group v. P.F. Chang’s China Bistro, the appellate court addressed a slip and fall case in which the plaintiff fell on a sidewalk near the entrance of a P.F. Chang’s restaurant. The plaintiff alleged that she tripped and fell due to an uneven sidewalk. She later filed a negligence action against the restaurant and the property owner, who had leased the space to the restaurant.

A negligence claim is a legal action that basically alleges the defendant failed to use reasonable care, which is ultimately what led to the plaintiff’s injuries. In other words, negligence is the failure to take proper care in doing something that leads to harm. In order to prevail on a negligence claim, a plaintiff must demonstrate that the defendant owed the plaintiff a duty of care and that the defendant breached the duty of care, which directly caused the plaintiff’s injuries or property damage. A plaintiff cannot recover any monetary compensation unless he or she has first established negligence. Continue Reading ›

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If you or someone you know has been injured in a train accident, an experienced Florida accident attorney can help. Train accidents can be particularly devastating for a vehicle or person with which the train collides, as well as people on the train. The sheer force, speed, and impact of a train can lead to serious permanent bodily harm, and in some cases even death. We understand the stress and emotional toll a train accident can have on a victim and an entire family, which is why we are committed to providing compassionate and competent representation to our clients.

There are a number of reasons railroad accidents can occur. When a railroad crossing is not clearly marked or improperly designated, the consequences can be devastating. When a railroad crossing is not clearly indicated, it can be extremely dangerous for cars, bicyclists, or pedestrians crossing the railroad tracks. Unless the obstacle on the tracks is very far away from the moving train, the train conductor typically does not have enough time to slow down or stop a train before it crashes into the object on the train tracks. For example, a train would take close to a mile to come to a stop if it was traveling at 50 miles per hour. Other reasons for car accidents can include derailments, grade crossing accidents, or accidents due to mechanical failures.

Determining responsibility for the improper marking of railroad crossings can be a complicated process because several parties may be at fault. Under Florida law, trains are considered “common carriers,” which means they are highly regulated and must abide by certain federal and state regulations. A common carrier should operate with the highest degree of safety and care while transporting passengers to their destinations. Thus, train operators and local railroads are responsible if an accident resulted from a failure of the railroad to meet the high standard of care required. Continue Reading ›

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The hearsay rule is an extremely complex part of evidence law that can affect the outcome of a case. Hearsay is defined as unverified or unofficial information received from another party rather than derived from one’s own knowledge. Given the potentially unreliable nature of these statements, there are strict rules about the admissibility of such statements in a court of law.

In Benjamin v. Tandem Healthcare, the court addressed the issue of hearsay within the context of a wrongful death claim against a nursing home facility. The facts of the case are as follows. Ms. Gagnon died while she was a resident in a Florida nursing home owned and operated by Tandem Healthcare. She died by choking on food, specifically coleslaw. Ms. Gagnon had suffered from Alzheimer’s disease, and the nursing home had documented her issues with swallowing food as a result of a run-in with polio in her childhood days. Ms. Gagnon’s daughter brought a wrongful death claim against the nursing home, alleging that the facility breached the duty of care owed to her mother by not monitoring her while she ate.

The issue at trial was whether or not Ms. Gagnon choked to death. The plaintiff presented experts who concluded that the nursing home was responsible for Ms. Gagnon’s death because, through their negligence, they allowed her to choke, which led to a cardiac arrest that ultimately killed her. The nursing home expert testified that Ms. Gagnon died of a fatal arrhythmia that could have been caused by her prescription medication. Continue Reading ›

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Under Florida law, an injured person may seek a variety of damages from an at-fault party. The specific damages that a plaintiff can obtain will depend on the nature and severity of the injuries. Typically, damages can include medical expenses, lost income and benefits, pain and suffering, and more. While there is no specific method, an experienced attorney can help you effectively demonstrate damages and get you the maximum allowable recovery under the law.

In Maggolc Inc. v. Robertson, the Third District Court of Appeals addressed what type of evidence is needed to prove lost wages. The facts of the case are as follows. The plaintiff was injured in a motor scooter accident in Miami Beach when his automobile hit uneven pavement. He later sued Maggolc, the company responsible for maintaining the pavement where the accident took place. At trial, the jury decided in favor of the plaintiff, awarding him over half a million dollars in damages, including those related to lost earnings.

On appeal, Maggolc claimed that the past lost earnings and future lost earning capacity damages award was improper due to the “skimpy” testimony regarding the matters. Specifically, Maggolc claimed that the plaintiff’s claims were “unsupported by financial records of any kind” and could be mere speculation. Indeed, there were no tax documents or bank records to support the plaintiff’s claims that he was earning $80,000 prior to his accident. Continue Reading ›

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It seems that just about any activity you undertake these days requires signing a waiver. Waivers are typically designed to protect the entity providing the service. However, in order for a waiver to be enforceable, certain conditions must be met. In Claire’s Boutique v. Locastro, Florida’s Fourth District Court of Appeals reversed a lower court’s ruling pertaining to the validity of a waiver a parent signed in relation to her daughter’s ear piercing.

The facts of the case are as follows. Alexis Locastro, a 13-year-old girl, went to Claire’s to get her ears pierced in Florida. Before the piercing took place, Alexis’ mother Amy Locastro was required to sign a waiver form that released Claire’s from liability for any injuries her daughter sustained due to the negligence of Claire’s or its employees in performing the piercings. The waiver also stated that the clients would indemnify Claire’s and its employees for any claims she or her daughter might file against them. Put simply, the agreement stated that if Alexis or her mother sued Claire’s and won a damages award, they would be responsible for reimbursing Claire’s for any amount Claire’s was ordered to pay to Alexis or her mother, including attorney’s fees and costs.

Following the piercing, Alexis developed an infection in her ear that ultimately required extensive hospitalization and resulted in permanent ear disfiguration. Amy Locastro filed a lawsuit against Claire’s under the theory of negligence. According to the evidence at trial, all of Claire’s employees were required to undergo training on how to pierce ears. However, there was no specific evidence that the employee who pierced Alexis’ ears was ever formally trained. Continue Reading ›

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Hit and run accidents occur when a vehicle driver strikes a person or an object and fails to stop and identify himself or herself after the incident. In most states, this is considered a crime. Every state has its own laws and penalties pertaining to these types of accidents. Hit and run accidents leave the victim without a way to obtain compensation for injuries or property damage. Dealing with an accident is never easy, but a hit and run adds many other layers of stress to the entire experience.

Under Florida law, the driver of any vehicle involved in a crash is required to immediately stop the vehicle and remain at the scene. Drivers are not permitted to leave the scene until they have provided their names, addresses, and registration numbers for the vehicles they were operating. Additionally, drivers are required to provide their driver’s licenses to any person, driver, or passenger injured as a result of the accident. If possible, drivers must render reasonable assistance to any injured person, including arranging for the person to get medical attention. This can be done simply by calling 911 after the accident.

If a driver fails to abide by the Florida law regarding hit and run accidents, he or she is subject to prosecution for certain charges. If the accident involves property damage, the driver who leaves the scene of the accident may be convicted for a second-degree misdemeanor, which can carry a combination of the following penalties:  60 days in jail, six months of probation, and a fine of up to $500. Continue Reading ›

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Personal injury claims by individuals under the age of 18 can be tricky because they require the attorney to be vigilant of special procedural requirements in cases involving minors. To begin with, minors in Florida cannot pursue their own legal claims because they are not of age. Thus, a minor must pursue his or her personal injury claim through a legal guardian or a parent. In certain cases, parents and guardians must seek court approval when it comes to settlement agreements on behalf of their minor children. The Florida law is intended to provide judicial oversight so that minors have some degree of protection when it comes to such legal matters.

Under Florida statute 744.387, a parent or guardian can settle a claim on behalf of his or her minor child without court approval as long as the monetary amount of the settlement does not exceed $15,000. However, if a lawsuit has been filed, court approval is needed. While court approval is not necessary to have a valid settlement agreement, insurance companies often require court approval before making payments for a settlement on behalf of a child.

When the gross amount of the settlement exceeds $15,000, the parent or guardian must seek court approval for the settlement. Specifically, the parent or guardian must file a Petition for Approval of Settlement. The petition contains details of the facts of the case, the issues of liability, the monetary amount of damages, and the settlement amount sought, as well as attorney’s fees and costs. A judge then evaluates the settlement terms to assess whether they are in the best interests of the minor. It is important to note that the parent or guardian is obligated under the law to act in the best interests of the child. Continue Reading ›

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