Most Common Reasons for Wrongful Death Claims in Florida

Most Common Reasons for Wrongful Death Claims in Florida

Most Common Reasons for Wrongful Death Claims in Florida

The death of a loved one shakes a family to its core, bringing with it an enormous personal loss. If the death could have been prevented, this injustice tends to be difficult for surviving family members to comprehend.

If the deceased was a primary provider for the family or substantial medical or funeral expenses were incurred as a result of an accident or illness, their death may also leave the surviving family with an insecure financial future.

A wrongful death lawsuit can help address some of these concerns. Holding the responsible parties accountable for their negligent actions can bring about some sense of closure, and in some cases could help prevent future accidents. Moreover, seeking financial damages can help ensure a secure financial future for surviving family members.

Unfortunately, history does tend to repeat itself with wrongful death claims, as a majority of Florida wrongful death suits fall into the common categories of automobile and pedestrian accidents, premises liability accidents, product liability, and medical malpractice.

Automobile Accidents

Around 3,000 Floridians perish in automobile accidents annually, making car accidents a leading cause of accidental death. Unfortunately, many fatal auto accidents could be prevented but for the negligence of the at-fault driver. Moreover, many fatalities occur due to driving while intoxicated, which is both absolutely preventable and unacceptable.

Pedestrian and Bicycle Accidents

Florida has the highest rate of bicycle fatalities of any US state, with around 800 fatalities annually. Due to the thriving tourist trade and inviting climate, Florida cities also have a substantial amount of foot traffic, making pedestrian accidents common as well.

These tragic accidents are sometimes unavoidable on the part of the motorist, but in many cases could have been prevented if the motorist had been paying proper attention to the road.

Premises Liability Accidents

Slips, trips, and falls are very common, and can often lead to debilitating or even fatal injuries. In many cases these accidents are caused by negligence on the part of the property owner. For example, many such accidents occur due to unmarked wet floors, slick spills that have been neglected, unsecured rugs, or clutter in hallways.

Product Liability

Manufacturers are obligated to ensure that products offered for sale are safely designed and manufactured, and do not pose an unreasonable risk to consumers. Unfortunately, design and manufacturing flaws often slip through the cracks, putting unsafe products into the hands of consumers. Many times, these products can cause serious or fatal injuries, making product liability a leading cause of wrongful death claims.

Medical Malpractice and Medication Errors

We seek out medical care for ourselves and our loved ones, trusting that medical providers will provide competent care that improves the patient’s condition – or at least does not harm them. However, errors on the part of medical caregivers are unfortunately very common, which can lead to the wrongful death of a patient in extreme cases.

Medication errors are a particularly common cause of medical injuries and deaths. This could be due to dosing errors, failure to identify adverse interactions between medications, or failing to inform the patient of the risks associated with a medication.

Considering Seeking Wrongful Death Damages in Florida?

South Florida Wrongful Death Lawyer

If you have recently suffered the loss of a loved one, you may be left trying to make sense of this tragic occurrence, particularly if the death may have been preventable. Seeking damages through a wrongful death claim could help to bring some sense of closure to your loss and secure your family’s financial future.

A compassionate but proactive wrongful death attorney can help to evaluate your case and advise you of your family’s rights. Get in touch with our office today.

About the Author:

Jeffrey Braxton is a trial lawyer in Fort Lauderdale who has devoted his career to the practice of personal injury law. As lead trial attorney for the South Florida Injury Law Firm, Jeff has litigated thousands of cases and is a member of the Million Dollar Advocates Forum, an exclusive group of attorneys who have resolved cases in excess of one million dollars.

Top Reasons Floridians Should Use Ridesharing Services         

Top Reasons Floridians Should Use Ridesharing Services         

Top Reasons Floridians Should Use Ridesharing Services         

There are many good reasons for Floridians to use rideshares. Like what? In this post, we’re going to dive into just a few of them to show you why you might want to consider opting for a rideshare the next time you need to get from point A to point B.

Ready? Let’s go.

Safer Option When You’ve Been Drinking

Services like Lyft and Uber are widely used among those who want to go out and enjoy drinks with friends, but not get slapped with DUI charges by driving home under the influence. The growth in their popularity has correlated with a decrease in Florida DUI injuries and deaths between 2013 and 2016.

Cost-Effective and Convenient

Across the globe, over one million rides are requested on a weekly basis. Ridesharing is often more cost-effective for commuters and can cost half as much as transport by taxi in some situations.

Moreover, it’s convenient. Anyone with a smartphone can quickly request a ride through several ridesharing apps. You don’t have to wait for a cab or preschedule a pickup, either – a rideshare is typically available in mere minutes.

You don’t have to carry cash since your credit card is automatically charged on the ridesharing app. This is a huge bonus for people who don’t normally have cash on hand. The app even handles the tip for you.

You will find frequent coupons in the app, too, which aren’t available through public transportation or taxis. Another bonus is you’ll know ahead of time what your bill will be – yet another improvement over a taxi ride.

Provides Social Connections

People enjoy connecting with others during ridesharing. Most rides can accommodate up to four passengers, and often connections occur during conversations on the ride. Sharing the ride with others also cuts down on your costs. You can even split the bill with a friend within the app.

Relieves Traffic Jams

Ridesharing also relieves some road congestion during peak travel times. Commuters are always looking for faster ways to get to work or back home, and ridesharing offers more creative solutions.

Improves Air Quality

As more people combine rides through ridesharing, the air quality improves due to fewer vehicles on the road. This is a good change for our environment, which will only continue to grow as ridesharing services become more popular.

Grants Mobility to Homebound People

Ridesharing also helps people stay mobile in areas that don’t have sufficient taxi services or public transportation. They make travel possible for people who may have been housebound before.

Stimulates Job Growth

Another benefit of ridesharing is providing jobs for people who want to work on flexible schedules. They can find a steady source of income through working for a ridesharing service.

Why Ridesharing Is Gaining in Popularity in Florida

Saves Time on Regular Commutes

If you commute every day, ridesharing may be a big timesaver. You only stop at your destination, not several stops along a lengthy route. It’s worth considering a switch to ridesharing if commuting is a necessary part of your workday.

Handy Option for Small Business Owners or Frequent Travelers

If you use ridesharing for your business, your expenses can be easier to track as compared to using taxis or other travel companies, where receipts are hard to come by. Rideshare apps allow you to track expenses online, which can be a headache saver for small business owners or those who travel for their jobs.

A Sign of What the Future Holds

Ridesharing may involve self-driving cars soon. It’s estimated that by 2020, over 10 million self-driving cars will be on American roads, and many of these cars will be involved in ridesharing.

How to Protect Yourself Against Ridesharing Negligence

How to Protect Yourself Against Ridesharing Negligence

Even though ridesharing clearly has benefits, not every ride will go smoothly. If you are injured in a rideshare, you need to know your rights.

If you wish to file a personal injury claim, call a trusted Florida injury attorney today to discuss the details of your case. We can help you determine who is at fault for the accident and how they can be held accountable for your medical expenses, lost income, and pain and suffering related to your injury. Call for a free consultation today.

 About the Author:

Jeffrey Braxton is a trial lawyer in Fort Lauderdale who has devoted his career to the practice of personal injury law. As lead trial attorney for the South Florida Injury Law Firm, Jeff has litigated thousands of cases and is a member of the Million Dollar Advocates Forum, an exclusive group of attorneys who have resolved cases in excess of one million dollars.

More Tesla Self-Driving Crashes – Who's Liable in Florida?

More Tesla Self-Driving Crashes – Who’s Liable in Florida?

More Tesla Self-Driving Crashes – Who's Liable in Florida?

Several self-driving Tesla car accidents have occurred over the last few years, and the company keeps blaming drivers for the mistakes. Is the answer really that straightforward, though? Who is really at fault for the crashes?

Below we’re going to dive into the specifics of one particular case, as well as what the investigations into these crashes have turned up, then talk about what Florida product liability laws have to do with cases like these.

Tesla Blames Driver for Recent Car Crash

The family of a man from Mountain View, Calif. is suing Tesla Inc. for wrongful death after his SUV crashed into a concrete barrier and collided with two other vehicles in March.

The company states that the driver knew the Autopilot function was not reliable in the location where the crash occurred, but he used it anyway. Tesla Inc. says the crash occurred when visibility was good and the weather was clear, indicating that the fault lies with the driver, not the vehicle.

The Tesla Autopilot feature regulates several driving functions without input from the driver. It automatically navigates lanes, adjusts cruise control, and turns into other lanes when the turn signal is on as long as conditions are safe.

The Autopilot function on Tesla vehicles requires drivers to keep their hands on the wheel. If the driver removes his or her hands from the wheel, sounds and visual alerts are enacted. On the day of the accident, the alerts sounded and flashed several times before the driver died. However, drivers don’t always heed the alerts.

The attorneys for the driver’s family claim that the Autopilot feature was defective and played a role in his death. Even though Tesla has refused to make further statements about how many times the alarms sounded that day, the Autopilot system is supposed to disengage after a certain number of alerts.

The National Transportation and Safety Board (NTSB) is investigating two other cases of Tesla crashes. In May 2016, a Florida man died in a high-speed crash when relying too much on the Tesla Autopilot system. In August 2017, an owner lost control of his Tesla due to a battery fire and crashed into his garage.

The NTSB has recommended that automakers who install semi-autonomous systems enact other measures to ensure that the system is not used. GM uses a camera system to track when a driver is looking forward. Only then will the semi-autonomous system work.

What Does This Have to Do with Product Liability Law in Florida?

The big question here is whether or not Tesla has a defective product in their vehicles with Autopilot. Here are the forms of product liability cases related to vehicles in Florida.

Defective Design

If the vehicle design presents a hazard to you, you may be able to hold the manufacturer liable for injuries. A skilled attorney will know whether the vehicle design played a role in your injury.

Defective Manufacturing

If a part was damaged during the manufacturing process, it could present an unreasonable hazard.

Failure to Warn

In these cases, the vehicle manufacturer knew about the risks but failed to properly warn the consumer of them.

Do these apply to Autopilot? It’s probably going to depend a lot on the specific circumstances of each crash. Which is why if you’re injured, you need to…

South Florida Car Accident Attorneys

Talk to a Florida Injury Lawyer Immediately

If you have been injured in a car crash and you believe it was due to a vehicle defect, you need the help of a knowledgeable Florida personal injury attorney. Someone with years of experience who will fight hard against the auto manufacturers and insurance companies on your behalf. Call today for your free case review.

About the Author: 

Jeffrey Braxton is a trial lawyer in Fort Lauderdale who has devoted his career to the practice of personal injury law. As lead trial attorney for the South Florida Injury Law Firm, Jeff has litigated thousands of cases and is a member of the Million Dollar Advocates Forum, an exclusive group of attorneys who have resolved cases in excess of one million dollars.

The Two Types of Bad Faith Insurance Claims in Florida

The Two Types of Bad Faith Insurance Claims in Florida

The Two Types of Bad Faith Insurance Claims in Florida

Insurance companies are supposed to be there to help you when you have a great debt or damages to pay. The cost of emergencies, injuries, or lawsuits can be crippling for your family or business, but the proper insurance can protect you.

At least, that’s what’s supposed to happen. All insurers have a process that they are required to follow – not related to specific policies, but out of “good faith.” This process includes taking prompt action, responding to claims, and paying the amount of money in the claim as detailed by policy limits.

Unfortunately, sometimes insurers break the rules. They deny claims that should be covered. They cause an unreasonable delay. They offer to pay members far less than the policy says they should receive.

If an insurance company is neglecting its’ duties by acting in bad faith, there are two types of actions that can potentially be taken: third party actions and first party actions.

What are Third Party Bad Faith Actions?

Florida has two different types of bad faith actions that follow different processes according to common law and specific bad faith insurance laws. Most bad faith victims take the statutory action and follow the rules of Florida Statute s. 624.155.

In order to take statutory action, the affected party will have to file a civil remedy notice. The insurance company will have 60 days to take action on the civil remedy notice. If they do not take appropriate actions, then the party can file a bad faith action claim.

The third party involved in the lawsuit may bring up a bad faith claim against the negligent insurance, but only if the compensation exceeds policy limits.

What are Third Party Bad Faith Actions

Third party bad faith actions deal with liability insurance. If you or your business are sued for damages to another person, your liability insurance has the duty to assist you with your defense. In addition to paying defense costs, your insurance also has a duty to pay any compensation that you owe if the case is lost.

Defense costs can be very pricy, and insurance companies often have a limit on how much they will pay if you are sued. However, until that limit is reached, they have a duty to provide you with money and compensation.

If an insurer fails to fulfill its duties, they can be found guilty of third party bad faith actions. Insurance companies who are guilty of this type of negligence must pay the full defense costs and compensation – even if it exceeds the policy limits.

What are First Party Bad Faith Actions?

First party bad faith actions can involve many different types of insurance, including home or car insurance. If, for example, your home floods and you have insurance that covers flooding, you should receive some sort of compensation to cover the cost of the flooding after you file a claim.

The insurer may deny your claim if the damages are not part of the insurance coverage, but they must provide a valid reason as to why they are denying the claim. If the insurance company approves your claim, they have a responsibility to pay you in a prompt manner.

If your insurance does not respond to your claim or refuses to pay part or all of your claim without good reason, they are committing a first party bad faith action. As with a third party bad faith action, victims must file a civil remedy notice before they take further legal action.

Insurer Acting in Bad Faith? Speak to a Knowledgeable Florida Injury Attorney

In a bad faith insurance case, the court will take the following factors into account:

  • The efforts made by the insurance company to promptly address the claim
  • Whether the insurance company made the effort to deny the claim
  • The severity of the case
  • Investigations conducted by the insurance company related to the claim

If the court does not see evidence of the insurance company taking action to properly address your claim, you may be able to receive compensation.

Florida Bad Faith Insurance Lawyer

Not sure about your insurer’s duties and whether they are acting in bad faith towards you? Read over your plan. It may include information and exceptions that apply to your claim or a lawsuit that you are involved in. If your insurer is supposed to cover you and they are neglecting to do so, you may have a bad faith insurance case.

Still not sure? Contact a South Florida injury lawyer today to discuss your bad faith insurance case and your options for taking action.

About the Author:

Jeffrey Braxton is a trial lawyer in Fort Lauderdale who has devoted his career to the practice of personal injury law. As lead trial attorney for the South Florida Injury Law Firm, Jeff has litigated thousands of cases and is a member of the Million Dollar Advocates Forum, an exclusive group of attorneys who have resolved cases in excess of one million dollars.

Common Amusement Park Dangers Florida Parents Should Beware

Common Amusement Park Dangers Florida Parents Should Beware

Common Amusement Park Dangers Florida Parents Should Beware

This story has been in the news a lot lately, so there’s a good chance you already know about it. If not, brace yourself. It’s not pretty.

 

In 2016, a 10-year-old boy was decapitated as his raft went airborne and struck an overhead loop at the world’s tallest waterslide in Kansas City, Kansas. A sad, horrible tragedy, but every once in a while things like that happen… right?

 

Well, it turns out there’s more to this story. Recently, the co-owner, designer, and private construction company of Schlitterbahn Waterparks were indicted on charges of reckless second-degree murder as well as 17 additional felony offenses, including aggravated battery.

 

Why? The indictment alleges that the men designed the slide without proper engineering skills or technical expertise. Essentially, they rushed the project, cut corners, and were aware of the fact that doing so posed serious risks.

 

The allegations are a terrifying, disgusting tale of greed and power run amok, though it should be noted that the company says they will fight the charges because the accidents were unforeseeable.

 

Were they? Only time will tell.

 

What parents need to understand, though, it that amusement park accidents occur all the time:

 

  • In 2017, one teenage boy died and seven others were injured when the Fire Ball ride broke apart at the Ohio State Fair.
  • In 2016, a mechanical malfunction was the likely cause for a Ferris Wheel accident in Tennessee, when a basket tipped over and seriously injured three girls.

 

Every year, thousands of people visit the emergency room with amusement park injuries. Thousands more never seek medical treatment for their injuries.

 

Obviously you can’t control everything, but there are certain types of accidents and injuries that happen more frequently that others. Knowing what to watch out for may help you to avoid it.

 

Common Amusement Park Injuries

 

These are the most common injuries that occur at amusement parks:

 

  • Cuts and bruises
  • Broken bones
  • Torn ligaments
  • Head injuries
  • Neck injuries
  • Back injuries
  • Stroke
  • Brain aneurysms
  • Traumatic brain injuries
  • Drowning

 

Amusement park rides and water slides hurt more than 8000 people each year, with about half of those injuries occurring to children. Most of the injuries occur to children between the ages of 10 and 14 years old, and the most common type of injury occurs when a person either falls from a ride or is suddenly ejected.

 

Reasons for Amusement Park Injuries

 

Several factors make amusement park injuries more likely to occur. They include the following:

 

Failure to follow instructions

Passengers can get hurt if they do not follow the rules. Standing up, unbuckling a seatbelt, or sitting improperly can result in injuries.

 

Improper ride operation

Abrupt stops and starts can cause injury. If seatbelts and restraints are not properly fastened, people can be ejected from rides.

 

Inherent dangers

Rides move at fast speeds, which may trigger various injuries in susceptible people. Headaches, dizziness, and concussions can result.

 

Mechanical failure

If the ride is not properly maintained, or if a part of the machine or the design is defective, injuries can result.

 

If Your Child is Injured Due to Amusement Park Error

 

If you experience injuries at an amusement park that are the result of someone else’s negligence, you may have grounds for a lawsuit.

 

Unfortunately, holding a responsible party accountable for your child’s injuries is a tricky process – especially if that party is a giant, wealthy corporation that runs amusement parks.

 

Fort Lauderdale Child INjury Lawyers

To give your family the best chance at winning the compensation you need and deserve, your best bet is to enlist the help of an experienced Florida personal injury attorney. Call us for a free consultation today and we will determine whether you have grounds to file a claim.

 

 

About the Author: 

 

Jeffrey Braxton is a trial lawyer in Fort Lauderdale who has devoted his career to the practice of personal injury law. As lead trial attorney for the South Florida Injury Law Firm, Jeff has litigated thousands of cases and is a member of the Million Dollar Advocates Forum, an exclusive group of attorneys who have resolved cases in excess of one million dollars.

St. Paddy's Slip and Fall Injury? How Floridians Can Fight Back

St. Paddy’s Slip and Fall Injury? How Floridians Can Fight Back

St. Paddy's Slip and Fall Injury? How Floridians Can Fight Back

Did your St. Paddy’s Day weekend get ruined by a slip and fall injury? You’re not alone.

 

On St. Patrick’s Day in 2017, Megan Keefe, 20, was celebrating the holiday at the Spirits Restaurant and Bar in Cleveland, Ohio. Bartender Carisa Buehner, 29, served three alcoholic drinks to the underaged Keefe.

 

Keefe proceeded to the second-floor balcony and fell when it gave way. She hit her head on a granite surface and suffered severe head injuries as a result.

 

Now Keefe’s family has filed a lawsuit against the bar, building owners, and security guards, alleging that their negligence has caused injuries that resulted in over $1 million in medical bills.

 

Sadly, there are lots of stories like this.

 

In this post, we’ll give you examples of common reasons for St. Patrick’s Day slip and fall accidents, and how you can fight for compensation if your accident was due to another’s negligence.

 

Reasons for St. Patrick’s Day Slip and Fall Accidents

 

There are all kinds of reasons why people fall and hurt themselves on St. Patrick’s Day, and many of them may be due to the actions – or inactions – of another. This is particularly common in “party” venues like bars and clubs.

 

Here are several ways that a venue’s actions can lead to a slip and fall injury:

 

  • Spills or leaks were left on the floor and not cleaned up in a reasonable amount of time
  • Wet floors were unmarked
  • The dance floor was slick due to too much wax
  • The floor was cluttered
  • Floor tiles were broken or loose

 

Any of these could be reasons that your slip and fall accident occurred, but there are specific legal requirements that must be met. Check with an experienced personal injury lawyer regarding the details of your unique situation to see if you have a viable case.

 

Holding Someone Responsible for Negligence in a Florida Slip and Fall Case

 

You can win a slip and fall case if your attorney is able to prove that the potential hazard, such as a spill, was known, yet not corrected in time, and that the hazard in question caused your accident. State law requires that the entity knew about the situation ahead of time but failed to correct it.

 

In other words, you can’t file a lawsuit for spilling a drink and immediately falling because of it.

 

Florida Statute 768.0755 reads:

 

“Premises liability for transitory foreign substances in a business establishment.—
(1) If a person slips and falls on a transitory foreign substance in a business establishment, the injured person must prove that the business establishment had actual or constructive knowledge of the dangerous condition and should have taken action to remedy it. Constructive knowledge may be proven by circumstantial evidence showing that:
(a) The dangerous condition existed for such a length of time that, in the exercise of ordinary care, the business establishment should have known of the condition; or
(b) The condition occurred with regularity and was therefore foreseeable.”

 

If your case meets these conditions, you may be able to file a lawsuit.

 

Get compensation for your injuries

 

If you are ready to hold an individual or entity responsible for your St. Patrick’s Day slip and fall accident, a knowledgeable Florida personal injury attorney can help.

 

Personal INjury Lawyers in Boca Raton

Don’t wait, though – the statute of limitations in Florida says that people have four years from the time of the incident to file a case. Call today for a free consultation with an experienced slip and fall attorney.

 

 

About the Author: 

 

Jeffrey Braxton is a trial lawyer in Fort Lauderdale who has devoted his career to the practice of personal injury law. As lead trial attorney for the South Florida Injury Law Firm, Jeff has litigated thousands of cases and is a member of the Million Dollar Advocates Forum, an exclusive group of attorneys who have resolved cases in excess of one million dollars.

Stronger Distracted Driving Laws - Nope, Says Florida Senate

Stronger Distracted Driving Laws? Nope, Says Florida Senate

Stronger Distracted Driving Laws - Nope, Says Florida Senate

 

Recent legislation passed by the Florida House would have cracked down on distracted driving, but the Senate refused to even hear the bill.

 

Bill HB 33 was passed by the Florida House of Representatives 112-2, and Governor Rick Scott even gave it his blessing, meaning the bill likely would have been signed into law if passed by the Senate. However, Florida Senate President Joe Negron refused to hear the bill, effectively killing it.

 

Currently, texting while driving is only a secondary offense. This means that drivers can only be ticketed if pulled over for another offense. Furthermore, the fine for distracted driving is only $20 – not much motivation to put cell phones away and focus on the road.

 

Why is this such a big deal? Because distracted driving is extremely hazardous. It significantly slows a driver’s reaction time, meaning that a distracted driver has much less time to perceive hazards and react to avoid an accident. In fact, some studies suggest that distracted driving is just as dangerous as drunk driving.

 

There are many ways that drivers distract themselves while on the road, but these days the most common driver distraction is cell phone use, particularly texting or other means of written communication.

 

Using Smartphones While Driving: A Deadly Combination

 

Florida is the second-worst state in the nation for distracted driving, with over 50,000 distracted driving accidents annually – that’s more than five crashes every hour. Distracted driving crashes are often very serious, with over 3,500 serious injuries and 233 deaths occurring annually due to distracted driving.

 

In fact, these statistics may be an underestimate. According to Florida Highway Patrol Sgt. Mark Wysocky, people are unlikely to volunteer the fact that they were distracted prior to a crash. This means that many more crashes than officially recorded could involve distracted driving.

 

There are three categories of driver distraction:

 

  • Visual: Taking your eyes off the road
  • Manual: Taking your hands off of the steering wheel
  • Cognitive: Thinking about things other than driving

 

Using cell phones and texting while driving requires all three categories of distraction, making texting and driving one of the most dangerous types of distracted driving.

 

This is why most states have outlawed texting or other means of written communication (such as email and social media) while driving and passed legislation to make it a primary offense.

 

This means that police are able to stop and cite drivers who use handheld cell phones while driving even if they are not engaged in any other improper driving behaviors. In some states, such as New York, it’s even an offense to talk on a cell phone while driving.

 

Florida is on the opposite end of that spectrum. We are one of only four states that has not yet made texting while driving a primary offense.

 

Using Smartphones While Driving - A Deadly Combination

 

HB 33 would have changed this, finally giving law enforcement the ability to pull drivers over for texting on their cell phones while driving without the requirement that they were disobeying any other laws. Unfortunately, the blockage of Bill HB 33 means that this is unlikely to change anytime soon.

 

What does this mean for Florida drivers? The bottom line is that law enforcement has little power to stop distracted driving here – police are hamstrung to prevent this dangerous behavior by the law itself. In fact, the only way to hold distracted drivers accountable if you are injured by their negligence is to file a personal injury auto accident claim.

 

Personal Injury Claims for Distracted Driving in Florida

 

If you are injured in a car accident that was not your fault and believe that the other driver may have been using a handheld cell phone at the time of the crash, take action by filing a personal injury claim. This will help to address financial concerns arising from the accident and injury, and will also hold the other driver accountable for his or her negligence.

 

To win, your personal injury attorney will need to present evidence proving the required elements of a negligent injury case. These include the fact that the other driver had a duty to drive safely, that they breached this duty, that you were injured because of this breach, and that your injuries have caused you financial damages.

 

Florida Distracted Driving Accident Lawyers

 

Our experienced Florida injury lawyers can review your situation and help you determine if you have a viable case. Succeed in your lawsuit and you will win well-deserved compensation for you and your family, while also holding the distracted driver accountable, hopefully discouraging them from making the same mistake in the future.

 

 

 

About the Author:

Jeffrey Braxton is a trial lawyer in Fort Lauderdale who has devoted his career to the practice of personal injury law. As lead trial attorney for the South Florida Injury Law Firm, Jeff has litigated thousands of cases and is a member of the Million Dollar Advocates Forum, an exclusive group of attorneys who have resolved cases in excess of one million dollars.

America's Other Gun Problem: Defective Firearms

America’s Other Gun Problem: Defective Firearms

America's Other Gun Problem: Defective Firearms

Jarred Brown, 28, had just picked up his Taurus PT-145 Millennium Pro pistol and headed out with his friend to do some target shooting. According to his friend, the pistol was in Jarred’s hip holster when it discharged on the family’s back porch.

 

The pistol sent a.45-caliber slug through Jarred’s femoral artery, and his father came out onto the porch to find his son bleeding out. Jarred’s father and stepmother called 911 and did their best to stop the bleeding and resuscitate Jarred, but he was dead by the time paramedics arrived on the scene.

 

Jarred’s father and friend were convinced that Jarred hadn’t touched the gun when it discharged, so they did online research to better understand what had happened. They learned that there had been a number of class action suits against Taurus, and that several of their guns could fire on their own, even with the safety on.

 

So why weren’t they recalled? Unfortunately, no government entity has the power to regulate defective firearms or ammunition in the US – or even to force gunmakers to warn consumers of safety defects. Historically, pro-gun lobbyist groups have blocked legislation to give any government agency oversight over defective weapons out of concern that such legislation could set precedents that ultimately compromise Second Amendment rights.

 

Let’s take a second to put this in perspective. Consumer products ranging from teddy bears to kitchenware are federally regulated, and are routinely recalled due to even minor safety concerns. Not guns, though. Essentially, guns and ammunition – inherently dangerous products – have no safety requirements or oversight whatsoever.

 

Gun companies, motivated by the bottom line, are allowed to manufacture and market products with known safety defects, even after multiple fatal accidents have occurred. To this day, Taurus denies that its guns even have any defects.

 

Bottom line? The only way to fight back against defective firearms or ammunition is to file a defective product lawsuit if you or a loved one are injured by a defective gun. Let’s take a look at the elements of a defective firearm lawsuit.

 

How Defective Firearm Lawsuits Work in Florida

 

How Defective Firearm Lawsuits Work in Florida

The first question the courts will ask when looking at a firearms injury case is how the injury happened. If the weapon was used improperly and was not defective, the user is liable for damages. If the weapon was used properly and is defective, it may be possible to hold the manufacturer liable through a product liability suit.

 

Under Florida product liability law, here are three main ways in which a product defect can cause damages. All three have been successfully used in firearm product liability cases.

 

Defective Design

If the gun is designed in such a way that injury could foreseeably result, and if the risk of injury could have been mitigated by an alternative design, the product may be defective in its design. In the above example, previous injuries resulting from spontaneous discharge of Taurus handguns would be suggestive of a design flaw.

 

Manufacturing Defect

If the design of the gun does not have any safety defects but the individual gun is manufactured with a flaw, this is known as a manufacturing defect.

 

Marketing Defects

If the gun is marketed with inadequate warnings relating to an unexpectedly dangerous quality inherent in the weapon, this may constitute a marketing defect. This would also apply to Taurus handguns, as defects in the safety switch and trigger are not disclosed in product warnings.

 

What to Do If You are Injured by a Defective Gun

 

If you or a loved one are injured by a defective gun, take action by seeking compensation for your injuries. Winning means not only helping to secure your financial future, but holding the manufacturer accountable in a public way that will hopefully lead to positive changes making firearms safer.

 

Defective Products Lawyers Boca Raton

Proving product liability usually requires skilled legal help, especially for an inherently dangerous product such as guns. A personal injury attorney can help you get the compensation you deserve, and hold the manufacturer accountable for its dangerous defective product. Contact us today to learn what options are available to you.

 

 

About the Author:

 

Jeffrey Braxton is a trial lawyer in Fort Lauderdale who has devoted his career to the practice of personal injury law. As lead trial attorney for the South Florida Injury Law Firm, Jeff has litigated thousands of cases and is a member of the Million Dollar Advocates Forum, an exclusive group of attorneys who have resolved cases in excess of one million dollars.

Recent Case May Allow Floridians to File Bad Faith Claims Faster

Recent Case May Allow Floridians to File Bad Faith Claims Faster

Recent Case May Allow Floridians to File Bad Faith Claims Faster

 

You pay your insurance company for peace of mind, assuming that any accidents covered under your policy will be paid for by them in full. However, sometimes an insurer refuses to pay a claim unreasonably. Or fails to conduct an appropriate investigation. Or unreasonably delays investigation.

 

When these things happen, it is possible that your insurer may be acting in bad faith. That’s the bad news. The good news is that bad faith is illegal, and you may be able to hold your insurer liable for damages.

 

Under Florida law, policyholders have to go through the regular process before doing this, including waiting until the insurance company conducts an appraisal. In bad faith claims involving unreasonable delays in investigation, this has made filing suit very difficult for policyholders, often forcing them to live with unrepaired damages for months – or even years.

 

However, a recent case may signal that things are changing. Florida courts just ruled that a policyholder did not need to wait until an appraisal had been conducted to seek damages. This sets a new legal precedent, and may allow other Floridians to receive bad faith damages prior to the appraisal.

 

Let’s take a look at the case in question, as well as how this may change bad faith insurance law — and how you, the policyholder, could benefit.

 

Philip Landers v. State Farm Florida

 

In 2009, Florida resident Philip Landers sustained suspected sinkhole damage to his home and filed a claim with his insurer, State Farm Florida Insurance Co. The insurance company made initial repairs, but Landers hired an independent evaluator who advised that the repairs were insufficient.

 

After a protracted legal battle, Landers ultimately sued State Farm in 2014 for acting in bad faith, stating that the company had delayed paying policy limits until after appraisal. The court initially ruled in favor of State Farm, but Landers appealed to the Fifth District Court of Appeal.

 

The appeal court reversed this ruling, finding that the purpose of a civil remedies notice (CRN) is to encourage good-faith efforts to settle claims in a timely manner prior to litigation, not to vindicate further efforts to delay. Further, the court found that filing a CRN prior to appraisal did not make the CRN null and void, and that nullifying the CRN perturbs the purpose of the statute by further delaying the time necessary to assess and pay out claims.

 

Previous Policy and Why the Landers Case Matters

 

Here’s why the Landers case matters. Quite simply, it could pave the way to a more streamlined bad faith process. Previously, insurance companies were allowed to request an appraisal in the event of a bad faith suit and/or CRN, delaying any further action until the appraisal had been performed, and nullifying CRNs.

 

Because many bad faith insurance suits involve delays in investigation and repairs, this policy often frustrated the efforts of policyholders trying to seek justice. However, the Landers case sets a new precedent, allowing policyholders to file CRNs and bad faith insurance suits and seek damages prior to the insurer conducting an appraisal.

 

If You Have Suffered from Bad Faith Insurance

 

South Florida Bad Faith Insurance Lawyers

 

If you believe that your insurance company has acted in bad faith by failing to pay out claims for covered events or unreasonably delaying investigations, you may have a case for bad faith insurance.

 

You have likely paid your premium for many years under the assumption that your insurer would do right by you in the event of an accident. If your insurer fails to follow through or delays investigations, this can have devastating consequences for your finances and quality of life.

 

An experienced Florida bad faith lawyer will be able to help assess your case fight for the compensation you deserve from your insurer – get in touch today.

 

 

About the Author:

 

Jeffrey Braxton is a trial lawyer in Fort Lauderdale who has devoted his career to the practice of personal injury law. As lead trial attorney for the South Florida Injury Law Firm, Jeff has litigated thousands of cases and is a member of the Million Dollar Advocates Forum, an exclusive group of attorneys who have resolved cases in excess of one million dollars.

 

Top Child Accidents - What Florida Parents Should Really Worry About

Top Child Accidents: What Florida Parents Should Really Worry About

Top Child Accidents - What Florida Parents Should Really Worry About

 

As a concerned parent, you worry about your child’s safety pretty much all the time. However, it is important to know that there are certain things that you should be more worried about than others.

 

When is your child at the highest risk of danger in Florida? Every year over 9 million children are treated for injuries in U.S. hospitals. In this post, we’ll tell you the most common childhood accidents, give you tips on accident prevention, and let you know what to do if your child is injured due to someone else’s negligence.

 

Drowning

 

Florida has beautiful waterways, easy access to beaches, and an abundance of swimming pools. Not surprisingly, all this water means that children have elevated risks of drowning here. In fact, for kids between the ages of one and four, drowning is the top cause of death. That’s why it’s so important to be vigilant when your child is near water.

 

A small child can drown in only an inch of water. You must keep a constant eye on small children when they are close to a water source. Ensure that pool covers are locked when not in use, and that gates and doors to a pool cannot be opened by a small child.

 

It’s also smart to sign your child up for swimming instructions as soon as possible, make sure he or she wears a life vest when out on the water with you, and to teach them good water safety habits at a young age.

Falls

 

Children are natural explorers. Most kids enjoy climbing trees and playground equipment, riding bikes, and navigating the outdoors. All of these behaviors pose falling risks. Falls are the number one reason for injuries to children under 15 years old.

 

How can you encourage your child’s exploration skills while also promoting safety? Secure furniture to the walls and keep windows and doors locked. Keep your floors free from clutter to prevent tripping. Take your child to play at a newer playground with a soft surface that will cushion falls. When your child rides a bike, always make him or her wear a bike helmet.

 

These simple precautions will minimize fall dangers for your child.

 

Choking

 

Young children are especially prone to choking hazards because they tend to put everything in their mouths. You must be vigilant with babies and toddlers, keeping small items out of reach and paying close attention to what they put in their mouths.

 

During mealtimes, cut all food into small pieces before giving it to your child. Avoid giving your child hard foods such as nuts and raw carrots until they have developed a sufficient number of molars to properly chew.

 

Suffocation

 

South Florida Child Injury Lawyer

 

Children under the age of one year are at a high risk for suffocation. Many suffocation cases are due to improper sleeping placement. The risk of suffocation rises when a baby co-sleeps with an adult, so make sure to place your baby in a crib or bassinet. Place your baby on his or her back in the crib, and make sure that no other objects, toys, or blankets are in the crib with the baby.

Also remember to keep plastic bags out of baby’s reach. They may love hearing the crinkly sound, but a plastic bag poses a serious suffocation risk.

 

Poisoning

 

Children are known to get into Mom and Dad’s stuff without permission. When they get into the family medicine cabinet, they can end up accidently poisoning themselves. Always monitor your medicine cabinet, no matter the age of your children. Keep prescription drugs locked up for maximum security.

 

Another poisoning source is household cleaning chemicals. Make sure these chemicals are labeled as poisonous and teach your child to avoid those products. Also keep the chemicals in an out-of-reach shelf or cabinet so your child can’t have access to them.

 

Sports Injuries

 

Children who love to play sports will likely experience a sport injury sooner or later. Sports injuries can be relatively minor, like sprains and bruises, but they can also be incredibly serious, as in the case of broken bones and concussions.

 

Keep your child well-hydrated during sports events and encourage him or her to take frequent breaks. It’s important to take your child to the emergency room if any injury occurs so that treatment can prevent further issues.

 

Boca Raton Child Accident Injury Attorney

 

If your child is injured due to someone else’s negligence, consult with a knowledgeable Florida personal injury attorney to see if you have grounds for a lawsuit. Get in touch today.

 

 

 

 

About the Author: 

Jeffrey Braxton is a trial lawyer in Fort Lauderdale who has devoted his career to the practice of personal injury law. As lead trial attorney for the South Florida Injury Law Firm, Jeff has litigated thousands of cases and is a member of the Million Dollar Advocates Forum, an exclusive group of attorneys who have resolved cases in excess of one million dollars.