The Two Types of Bad Faith Insurance Claims in Florida

The Two Types of Bad Faith Insurance Claims in Florida

by Bad Faith Insurance

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

by Amusement Park AccidentsChildren Injuries & Accidents

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

by Personal Injury LawyerSlip and FallSt. Patrick's Day

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

by Auto AccidentsDistracted Driving

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

by Defective ProductsGun Safety

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

by Bad Faith Insurance

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

by Children Injuries & Accidents

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.

How to Avoid a Valentine's Day Drunk Driving Accident in Florida

How to Avoid a Valentine’s Day Drunk Driving Accident in Florida

by DUI Accidents

How to Avoid a Valentine's Day Drunk Driving Accident in Florida

We don’t tend to think of Valentine’s Day as a “drinking holiday” like some others, but many people do drink when they go on Valentine’s dates. A lot of people.

 

In fact, One breathalyzer company collected data from 100,000 anonymous users and found that Valentine’s Day ranks as the third most popular American holiday for people to register as legally drunk on breathalyzer tests. The average blood alcohol content level on Valentine’s Day is 0.081, outranked only by New Year’s Eve at 0.095 and Super Bowl Sunday at 0.087. The findings also reveal that people may begin drinking earlier in the day on Valentine’s Day as compared to other holidays.

 

Like Erin Lynch. On Valentine’s Day in 2016, the Boston-area woman was allegedly driving drunk when she crashed into another driver. That’s bad enough, but the officers who asked to see her license after the crash reported that she actually drank wine in front of them. Police recovered a bottle of wine and a wine glass from the scene, and she was transported to a local hospital and charged with various crimes.

 

Now, chances are your night won’t end like Ms. Lynch’s, but why even take the risk? Celebrate Valentine’s Day without the use of alcohol by trying one of these Valentine’s Day date ideas that don’t involve drinking.

 

Cook a Meal Together

 

If you want a delicious meal without the waiting time and inflated prices, skip the restaurant and cook a meal together. Choose your favorite cuisine or try a new recipe. Whatever kind of meal you prepare, have fun in the kitchen together. You can make an alcohol-free sparkling drink to accompany your meal.

 

Go for a Walk

 

An evening stroll can be a wonderful bonding experience. Watch the sunset together or star gaze while holding hands. Spending time outside is proven to boost your mood – why not do it together?

 

Go Shopping

 

You don’t have to spend a lot of money to have a shopping date. Visit a used book store or a thrift shop and find an inexpensive gift for each other.

 

Read to Each Other

 

If you both like to read, choose love poems or romantic passages and read them out loud to one another as personal expressions of love.

 

Play Video Games

 

Many of us grew up playing video games for fun and healthy competition, but they can also be a great way to bond. So if you’re both into the idea, break out your console and play an old-school game together to get closer with pixels.

 

Share a Dessert

 

Beat the crowds by visiting a pastry shop or an ice cream parlor and share a dessert for a sweet and inexpensive Valentine’s date.

 

Take a Class Together

 

DUI Accident Lawyer Boca Raton

Would you like to learn how to dance? Sign up to take a class together. You can find a class on almost any topic. Choose one that suits both your interests and enjoy learning together.

 

Take a Road Trip

 

A quick overnight road trip can help you break away from life’s stresses and enjoy one-on-one time together. Book a night at a bed-and-breakfast or choose a hotel with an ocean view.

 

Visit a Spa

 

A couples’ massage is a relaxing and romantic choice for both of you.

 

With these tips, you can enjoy a romantic Valentine’s Day without the chance of driving drunk. However, you might notice that many of the above tips still involve going out, and even if you don’t drink, others still will.

 

Not drinking will reduce your risk of personal injury, but it won’t eliminate it. If you’re hurt by a drunk driver, fight back with the help of a knowledgeable Florida personal injury 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.

Florida Legal Malpractice - How to Win against a Negligent Lawyer

Florida Legal Malpractice: How to Win against a Negligent Lawyer

by Legal Malpractice

Florida Legal Malpractice - How to Win against a Negligent Lawyer

 

Few things are as intimidating as taking legal action against a lawyer. However, if you hire an attorney and they act in a negligent manner, it can result in extensive damages, and you need to fight back. How? By filing a legal malpractice suit against them.

 

Proving legal malpractice isn’t easy, so you’ll need to be aware of what constitutes malpractice, and what evidence you’ll need to prove it.

 

Was It Just a Bad Job… or Actual Malpractice?

 

It’s important to know that being a “bad” lawyer doesn’t necessarily constitute legal malpractice. Let’s look at some of the common complaints that clients have against their attorneys, and whether they constitute malpractice.

 

Importantly, even if you don’t have a case for malpractice, you are not powerless. There are number of steps you can take if you are dissatisfied with your lawyer.

 

Here are some common complaints clients have about attorneys:

 

  • My lawyer stopped working on my case: The longer your lawyer ignores your case, the more likely his or her inaction is to constitute malpractice. If your case isn’t being properly handled, you must take action quickly. Start by sending a certified letter expressing your concerns and requesting a meeting.
  • My case was thrown out of court: If your case is thrown out of court because your attorney did no work, this may constitute malpractice. You will still need to prove that your lawyer’s mishandling of the case was the reason it was thrown out, however, and that the case could have been won if they had done their job.
  • My attorney recommends settling for much less than originally estimated: Unfortunately, this does not constitute malpractice. It means that your lawyer likely overestimated the case’s value to encourage you to hire him/her. This is bad business, but not malpractice. You can minimize the chances of this happening by getting several estimates at the outset.
  • My attorney settled without my authorization: This one is absolutely malpractice, because your lawyer must have your authorization before agreeing to a settlement. However, to seek damages in a malpractice case, you’ll need to prove that your attorney settled for much less than the case was worth.

Elements needed to Prove Legal Malpractice in Florida

 

If the signs of legal malpractice are piling up and you think that you may have a case, you will need to prove that your lawyer committed malpractice.

 

There are several elements your attorney will need to prove in order to win a malpractice case:

 

Boca Raton Legal Malpractice Lawyer

 

  • Financial Loss: Actual financial losses that resulted from your attorney’s negligence must be proven. This requires records of all money spent on the case, and proof of the case’s worth.
  • Duty: You will need to prove that your lawyer had a duty to you. This is usually stated in your contract or agreement.
  • Breach of Duty: The most complicated element to prove is that your attorney acted in a negligent manner, and that this breached his or her duty to you. You must be able to prove that your lawyer did not meet what would reasonably expected of him or her in the circumstances, or that they acted in a way that was not in accordance with their responsibility to you. This may require an expert witness who can determine what should have been reasonably expected in your situation.
  • Causation: You must prove that your attorney’s negligent actions caused the financial damages you suffered. For example, if your lawyer missed a deadline and your case was thrown out as a result, you must connect the missed deadline to the case’s dismissal.

The Importance of Collecting Evidence

 

To win your malpractice case, you should begin collecting evidence as soon as possible. Some evidence will be easier to attain if it is collected immediately. Also be aware that Florida’s statute of limitations for legal malpractice is two years.

 

Here are some of the evidence you should begin collecting:

 

  • Expert Witness: A jury will determine whether your lawyer did not meet what would reasonably have been expected of them. An expert witness may be needed to accurately determine what reasonably could have been expected of an attorney representing your case, and effectively communicate this to the jury.

 

South Florida Legal Malpractice Attorney

 

  • Evidence of Communication: For an unresponsive lawyer, you’ll need evidence that you attempted to communicate with them, such as call logs. Also collect any information that was communicated to your attorney, as well as what he or she did with that information. Written records of communication (such as emails) are especially helpful in this regard.
  • Evidence from Your Original Case: You’ll need to present the information about your previous case to prove that your lawyer engaged in negligent behavior. If you were able to retry your case with a new attorney who was more effective, this can also be used as evidence.

 

Bottom line? While your bad experience may leave you understandably leery of lawyers in general, it is important to take action if you are the victim of legal malpractice. Not only can it help you get the compensation that you need and deserve, it allows you to how the attorney accountable for his or her actions and make it less likely that someone else will be victimized as you were.

 

Not sure whether or not you have a viable legal negligence case? Reach out to an experienced Florida personal injury attorney to go over the facts of your case and learn more about the options 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.

Fight Back If Negligence Caused Your Child to Fall at a Florida School

Fight Back If Negligence Caused Your Child to Fall at a Florida School

by Children Injuries & Accidents

Fight Back If Negligence Caused Your Child to Fall at a Florida School

Kids can be wild. They can be careless and clumsy.

 

However, if your child falls at school and is seriously injured, don’t assume it is your child’s fault. The school still has a duty of care, and if their negligence led to your child’s injury, Florida law says that you can hold them accountable. In this post, we’re going to show you what to do.

 

How a School Injury Can Occur Due to Negligent Actions

 

Let’s say your child was injured at recess when another child threw a rock at them, causing them to slip and fall. The fall resulted in a concussion, and now your child has ongoing cognitive function loss. Can someone be held liable in this situation?

 

Possibly. This isn’t an easy answer. It may potentially involve more than one responsible party. Let’s break it down:

 

  1. The school could possibly be held at fault for having rocks available on the playground in the first place.
  2. The teaching staff or administrators could be held liable for the other child’s aggressive behavior if it had a pattern of going unchecked and no discipline was given.
  3. You may also have grounds to sue the school district if the children were not properly supervised.
  4. Finally, you may be able to file suit against the other child’s parents for medical damages. An experienced attorney will know which details of your case will point to the party or parties who are liable.

 

Other situations may be less complex. If a broken tile in the school or a crack in the playground pavement caused your child to slip and fall, the school district could be held liable under premises liability. Schools have a duty to keep their properties free from unsafe conditions, and the crack could be grounds for a personal injury lawsuit.

 

However, it is important to note that a slip and fall lawsuit against a privately-owned entity is quite different from a slip and fall suit against a public one.

 

How Lawsuits against Public Entities Work in Florida

 

If your son or daughter attends a public school, the lawsuit must follow certain procedures since the school is owned and operated by the government. In particular, filing procedures are strict and must be followed carefully, or your case will be dismissed.

 

A notice of claim is the first step in filing a lawsuit against a school district. It describes the incident, the wrongful action, the injuries, and a request for financial compensation. Normally you have only 60 to 90 days after the incident to file the notice of claim.

 

Child Injury Attorney Fort Lauderdale

The school district will then investigate and either deny your claim or offer a settlement. If a settlement cannot be reached, the case will continue to court. In the state of Florida, you cannot file a lawsuit until 180 days have passed after the notice of claim is filed with the school district and the state’s Division of Financial Services. Moreover, you must file your claim within three years of the incident.

 

Here are the specific limits from the Florida statutes on tort claims. The compensation limits are $200,000 per person or $300,000 per occurrence. Only further acts of the state legislature can approve higher payouts.

 

Since school lawsuits are so complicated, your best bet is to enlist the help of an experienced Florida injury attorney. Call today for your free consultation.

 

 

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.