christmas holiday season travel airbnb vrbo 002

South Florida Vacation Rental Accommodations During The Holidays

This holiday season has already proven itself to be a busy one, especially in South Florida.

 

 

Nearly 110 million people are expected to travel throughout the United States between Dec. 23 and Jan. 2, according to AAA. That’s nearly 28 million more travelers than the 2020 holiday period.

 

 

Considering that Fort Lauderdale-Hollywood International and Miami International airports are ranked as a top destination for Christmas and New Year’s travel, it’s safe to say that a significant number of that total will descend upon our sunny beaches and roadways. Also, they will all need a place to stay.

South Florida Vacation Rental Accommodations During The Holidays 1 Personal Injury Law Suit South Florida Injury Law Firm

It’s exciting to plan a vacation to somewhere new and being somewhere will it make it even more memorable.

A good number of those traveling here to South Florida may have their own place to stay or have accommodations with family or friends. Even more though are staying at a hotel, motel or a vacation rental like an Airbnb and Vrbo.

 

Many hotels are centrally located, with easy walking or transport access to nightlife, restaurants, and cultural attractions.
But if you really want to blend in with the neighborhood’s full-time residents, a vacation rental is a better choice for many.

 

Airbnb and Vrbo vacation rentals are very popular throughout South Florida and there is little wonder as to why.
With the ability from property owners to make their beachside home or their scenic skyscraper condo available to rent,it can provide a unique holiday stay experiences.

 

In most cases, their trips will be a delightful memory that can last a lifetime.
However, with recent cases of rape and sexual assault that can happen at these vacation rental establishments, it needs to be considered in order to take the right precautions and action.

 

 

South Florida Vacation Rental Accommodations During The Holidays 2 Personal Injury Law Suit South Florida Injury Law Firm

Any business that caters to vacationers need to do more than simply just opening their doors. They have a responsibility to provide protection from any preventable hazards and generally, safe premises.

Often there are no issues with these rentals and both customers and owners share positive experiences. Staying at an Airbnb or Vrbo property should be a positive experience and equally, there should be no case where you end up in the hospital due to the negligence or unaddressed conditions of the property instead.

If you do or have experienced sexual assault during your stay at a short term rental, your response should be determined by the nature of the incident. If dangerous and ongoing, the most important thing that you can do is to remove yourself from the situation. If you need to seek assistance, do so immediately.

You have the right to file a claim if you’ve been the victim of a sexual assault or other type of misconduct (whether physical or sexual in nature) at an Airbnb or Vrbo property.

Separate from any criminal case proceeding, a sexual assault lawsuit can also help survivors recover damages for the harm caused. Emotional distress damages are compensation one recovers for impact that would include anxiety, humiliation, and psychological trauma.

Our attorneys at The South Florida Injury Law Firm are here to make sure that you are fairly treated in the aftermath of such an incident and to help you take the necessary legal action you need to get the compensation you deserve. Our experienced attorneys work diligently to fight for their clients rights who have either suffered serious injuries or assault on or around their vacation rental.

South Florida Vacation Rental Accommodations During The Holidays 3 Personal Injury Law Suit South Florida Injury Law Firm

Wherever you choose go or stay. we wish you all a safe and enjoyable Holiday season

vrbo-vacation-rental-sexual-abuse-assault-attorneys_0000s_0002_ina-bath_t20_jXmJEd

VRBO Sexual and Physical Assault Cases

VRBO and others revolutionized the vacation rental industry when they launched, providing a simple platform for homeowners to rent their partial or entire properties for short-term stays.

 

Instead of limiting your stay to hotels and motels, VRBO and other similar vacation rental companies have allowed property owners to make their vacant properties available for any party registered with them as a guest or host. The platform provides a list of available accommodations ranging from apartments and houses up through castles; some listed by private individuals who rent them directly; others offered by professional real estate firms, hotel chains, resorts & spas offering timeshares.


South Florida Vacation Rental Accommodations During The Holidays 4 Personal Injury Law Suit South Florida Injury Law FirmVRBO Background

VRBO was founded in 1995 as Vacation Rentals by Owner, but was later acquired by Expedia/Home Away and has grown into the largest source for short-term vacation rentals. Although the vacation rental service provides many benefits that have consistently been used and enjoyed by hundreds of parties throughout time, there are also negative aspects. Similar to the Airbnb platform, VRBO has experienced tremendous growth in volume that has surpassed its ability to ensure the safety for its hosts and guests.

 

Although most accommodations are comfortable, safe and successful, what happens if you unluckily become a victim of a violent or sexual assault or injury?
VRBO and AirBnb have admitted they receive more than 250,000 safety issue reports each year from both hosts and guests, but have chosen exponential growth over taking the proper steps to protect their customers.

Concerningly, many of these reports are from those who were guests that have reported sexual assaults by VRBO hosts.
With a variety of allegations that include claims of kidnapping, rape and other acts of sexual violence. Some accusations have even included child sex abuse. However, guests are not the only victims stated in these assaults. Hosts and their families have also been assaulted by the guests they have rented their properties to.

Because of this, many strongly believe VRBO and others have not done enough to ensure the safety of both guests and hosts on its platforms. In their proven effort to provide quick service, many believe VRBO has failed to properly protect its guests and hosts from predators by not ensuring adequate security, check-in safeguards and background checks. Although VRBO screens rental owners and renters, many claim the background checks don’t do enough to protect either party.

South Florida Vacation Rental Accommodations During The Holidays 5 Personal Injury Law Suit South Florida Injury Law Firm

 

In response, the company has deployed a crisis response team of nearly 100 agents to quickly hush up these crimes and pay settlements to those affected before they go public.
However, victims should never agree to a release without learning their full legal rights to compensation. Until 2017, every potential guest who negotiated a settlement with them over events and incidents involving attacks, assault, rape, and murder was required to sign a non-disclosure agreement. Media reports indicate the vacation rental company’s high-profile operatives are trained to negotiate the potential publicity nightmare of some of the gruesome events involving the Company’s worst crises. Because of the wording in the non-disclosure agreement meant that they could not reveal their harrowing stories involving VRBO that would likely go unreported.

While they’ve assembled teams of crisis responders to handle complaints, these people do not work for victims or have their best interests in mind.

VRBO Sex Assault Legal Assistance

Survivors of these assaults can take legal action to get the justice they deserve. Lawyers are now investigating VRBO lawsuits for those who’ve suffered sexual assault, physical assault or homicide while using their services. Given the complexity of these lawsuits, and the numerous parties involved, the assistance of a personal injury attorney with knowledge of the VRBO platform is imperative. If you’ve been a victim, you should speak directly with a lawyer today.

At South Florida Injury Law Firm, our attorneys represent sexually abused victims. Tell us what happened in a confidential setting. Then, let us hold those responsible for causing your harm financially accountable for their negligence.

Our South Florida attorneys have developed a reputation for being compassionate advocates. We understand the challenges you are facing and cater our representation to your unique situation and needs. Our legal team accepts all personal injury cases and wrongful death lawsuits through contingency fee agreements to ensure no payments are made until we resolve the case through a negotiated settlement or jury trial verdict.

fault accident attorney

Auto Accident Liabilities: Finding Who Is At Fault

Accidents happen every day. In fact, according to the National Highway Traffic Safety Administration (NHTSA), there were 6,452,000 police-reported accidents in one recent year. That’s an AVERAGE of over 17,000 accidents per day! Thankfully, a great deal of these are minor accidents. Regardless of the severity of the accident, there is one critical factor that all insurance companies will want to know:  Who is at fault?

 


Determining liability in a car accident—whether pursued through the insurance company’s claim process or through a personal injury lawsuit—will only be paid out if the injured plaintiff can prove negligence.
There are times when the blame is clear, such as in most rear-end accidents. However, there are other times when there is more than one individual at fault.

 


 

Here is a look at some common car accident scenarios and the process of evaluation that goes into determining fault.

 

  1. Left-turn Accidents

    Left-turn accidents occur when one vehicle is going straight through the intersection while another car is making a left turn and collides into the side of the straight-moving vehicle. Like rear-end accidents, liability is generally easy to determine. Left-turning vehicles have a lower priority in this scenario, meaning that—unless there is a green arrow—they must yield to those moving straight through the intersection. A study from the federal government discovered that the left-turning driver most often committed a critical error, such as “turning with an obstructed view,” “misjudgment of gap or speed,” “inadequate surveillance,” or “false assumption of the other driver’s intentions.”These are all errors that place liability for an accident at the hands of the left-turning driver.

    Are there ever cases where the other driver is at fault, though?

    Yes. While rare, the driver of the straight-moving car may incur some liability for an accident. One such circumstance is in the case of an accident in which the driver of the straight moving car was traveling at a speed far in excess of the speed limit, making it impossible for the turning driver to either see him or her in time or to calculate how much time he or she has to complete the turn.

  2. T-Bone Accidents

    In a collision where one vehicle rear-ends another, the driver of the trailing vehicle is at fault far more often than the leading vehicle. Lawyers will look for signs of distraction, speeding, and following too close on the part of the trailing driver, while also keeping in mind that the lead driver could share blame. Mechanical failure can also contribute to these accidents, so lawyers will pay attention to any signs of a defective part.

    Typically, in a T-bone accident, one vehicle comes flying through an intersection without stopping. The driver might miss the presence of a stop sign or fail to notice that a light turned red. Drunk driving or distracted driving can increase the risk of a T-bone accident. Usually, in these scenarios, you might assume the driver who struck the side door of a vehicle bears liability for the accident. However, you should ask several questions to help determine liability in this scenario.South Florida Vacation Rental Accommodations During The Holidays 6 Personal Injury Law Suit South Florida Injury Law Firm

  3. Running The Light

    Which driver ran the light? In an intersection with a red light, consider which driver ignored traffic laws and came through the intersection without stopping for a red light. Usually, other drivers can easily confirm which driver ignored the light.Which driver ignored a stop sign? In an accident at an intersection with a stop sign, the driver responsible for the accident may have failed to stop for the stop sign or came through the intersection after another driver had already started progressing through the intersection.

    Were both drivers moving at the time of the accident?

    Sometimes, in a T-bone accident, one driver might strike another, stationary vehicle. Sometimes, a car might stall in the middle of the intersection or get stuck due to traffic. While drivers should try to avoid sitting in an intersection, sometimes, circumstances make it impossible to avoid it completely. If one vehicle had to stop, and another one strikes it in the side, the driver who moved after the other vehicle stopped bears liability for the accident.

  4. Head-on Collisions

    Perhaps one of the most deadly types of accidents is a head-on collision. Sometimes referred to as a frontal crash, this type of accident occurs when two vehicles strike one another while traveling in opposite directions. When the fronts of two vehicles collide, it is often at high speed.Survival may depend upon the stretch of road, the reaction time of one or both drivers, and the type of vehicles involved. With the front end of the car receiving the brunt of the impact, larger and heavier vehicles protect occupants better than smaller, lightweight cars.

    Consider the weights of the following vehicles and the force of the impact when they meet, head-on, at high speeds:
    Car (SUV): 3,778 pounds
    Pickup truck: 5,217 pounds
    Minivan: 4,485 pounds

  5. Single-Car Accidents

    Single-car accidents occur when a motorist loses control of a vehicle rolls over, drives off the road, or collides with a stationary object. On the surface, one might assume single-car accidents are always the fault of the driver. But that isn’t the case. Drivers in single-car accidents too-often blame themselves for a crash. In fact, as often as not, fault for single-car accidents lies elsewhere.To begin, even without a collision there can still be another motorist who causes a single-car accident. Take, for example, the common scenario in which a car swerves and crashes into a tree or road barrier in reaction to erratic driving by a second vehicle that goes unharmed. In that case, the driver of the second vehicle has fault, even though he wasn’t technically involved in the accident.

Similar to other scenarios above, automotive manufacturers and municipal road contractors may also have fault for single car accidents if their actions create unsafe conditions leading to a crash. Another party who could have fault for a single-vehicle accident is a drug manufacturer, if it markets a medication with dangerous side-effects without warning about them, leading a driver to fall asleep or to become disoriented behind the wheel.

 

 


What to Do Immediately After a Car Accident

The most important step immediately after a car accident is to seek medical attention. Even if you feel fine, accept transport to the nearest hospital. Internal injuries are often invisible to the naked eye while causing serious harm to your organs. Only a medical professional can determine the true extent of your injuries.

Do provide as much information as you can to law enforcement. If possible, take pictures of the accident scene and if you are too injured to do so, ask a witness to take them for you. Collect the contact information for witnesses and most importantly, try to remain calm. Do not approach or talk to the other driver.

 


 

How a Florida Personal Injury Attorney Can Help You Fight Back

 

As we said at the outset, fault forms the core of the inquiry into who has legal liability for a car accident and the damage it inflicts on innocent victims. Accordingly, lawyers, insurance adjusters, judges, and juries focus a significant amount of effort on determining fault in car accident cases.

 

Finding fault means investigating facts in detail. An attorney representing a client injured in a car accident will usually try to collect as much evidence as possible about the accident, and then (sometimes with the help of forensic experts) will piece that evidence together to form a picture of whose actions led to the collision or accident. In performing this task, lawyers pursue the facts as far as they go until there is no longer a provable, reasonably foreseeable connection between someone’s actions and the accident and injuries.

The more time and information you can provide to your lawyer to do this work, the better your chances of recovering the compensation you deserve. Once fault has been determined, a personal injury attorney can help you file a personal injury lawsuit and fair compensation.

 

firm-attorneys-injuyr law

 

A skilled Florida personal injury attorney can ease your burden in dealing with all of this and help you fight to get the compensation you deserve. Reach out today for a free case review. We will look over the details of your situation and let you know what options are available to you.

 

 

When your life has been turned upside down due to another’s negligence and you are drowning in bills and struggling to recover, you want to make sure you work with the best law firm you can find.

 

What is the difference between a high-quality injury firm and one that will only do the bare minimum?

The people who work there. That is why The South Florida Injury Law Firm is made up of some of the most well-respected and successful injury attorneys around.

Our lawyers have more than 60 years of combined injury law experience, and they have handled just about every type of Florida injury case you can imagine. They are members of the Million Dollar Advocates Forum, an elite group of attorneys who have helped settle injury cases worth more than a million dollars. They have been named to Florida Trend’s Legal Elite. They are recognized by the Florida Worker’s Advocates group.

Perhaps even more importantly, they have received glowing reviews from clients – and they get results.

Do I Have a Personal Injury Lawsuit

Do I Have a Personal Injury Lawsuit?

 

Have you recently been injured on another’s property or because someone else made a mistake? Are wondering if you have a personal injury case on your hands?

 

There are a variety of situations that may seem like viable personal injury claims, but it’s not always clear whether or not you really have a case. How do you know? The only way to know for sure is to seek counsel from an experienced personal injury attorney. By going over the specific details of your case, he or she will be able to let you know if you are likely to win a claim and what options are available to you.

 

What are some things that you will want to be ready to talk about when you meet with an injury lawyer?

Boca Raton Personal Injury Lawyers

Circumstances Surrounding Your Injury.


When you’re injured, it’s often hard to recall the exact events. But in order for an accident attorney to advise you accurate, he or she will need to know what happened and who or what was involved. Did another driver run a red light and hit you? Was the light out when you fell down the stairs?

 

In any personal case, you must be able to prove that your injury was a direct result of someone else’s carelessness, neglect, or failure to inform you of a particular risk. This applies in car or boat accidents, slips and falls, injuries in someone’s business or home, dog bites, you name it. If you were not made aware of the risks to your safety or someone acted in a way that placed you in danger, you most likely have a case.

 

Your knowledge of the danger and your actions.

Keep in mind, however, that Florida courts will often take into account your involvement in the negligence, and will deduct a certain amount from the damages awarded to you if you are deemed to be partially responsible. Let’s say, for example, you are ruled to be 30% at fault for slipping on someone’s floor because you knew it was wet. That means the property owner is 70% responsible for paying any damage awarded to you. If you win $10,000 in compensation, you would receive that amount minus 30% — or, in simpler terms, you’d get $7,000.

 

Personal Injury Law Suit Boca Raton

What You Did after Your Injury.


If you are in an accident, the first thing that you should do is seek medical help. Even if it doesn’t seem like your injuries are very serious. You should do this for a couple of reasons.

 

The first is for your own health – injuries sustained in accidents aren’t always obvious at first, and by waiting you can make the problem worse. The second reason to get medical help quickly is because waiting can be used against you. In certain situations, you are legally obligated to seek help within a certain time period or you forfeit your ability to file a claim. For example, if you are involved in an automotive accident, you have to get checked out by a doctor no more than 2 weeks after the incident or you lose your chance to get compensation. Beyond this, not having yourself checked out quickly allows the defense to call your claim into question. Maybe your current problems aren’t really due to the incident. Maybe (as mentioned above) waiting made the issue worse – and more costly! There are a number of different arguments the defense can use against you if you don’t seek out prompt medical treatment.

 

How Long It Has Been.

Our state says that you have four years from the date of the incident to file a personal injury lawsuit. For claims against the government – state, city, or county – the statute of limitations is three years. And, of course, there’s the specific law mentioned above that prevents you from being compensated in a car accident if you don’t see a doctor within two weeks.

 

If you have missed out on any of these deadlines that pertain to your particular situation, you may not be able to file a claim.

 

How Much You Are Expecting.

For the most part, Florida law doesn’t place limits on the amount of damages you can receive when you are injured due to someone else’s negligence. However, if you are bringing forth a malpractice suit against a medical practitioner, or if you are seeking punitive damages against someone, those do come with strict caps.

 

This information doesn’t necessarily tell you whether or not you have a valid lawsuit, but it is good to know going in that there are limits in specific cases and for particular types of damages.

 

If you believe you pass muster on all of these things, the next step is to sit down with a personal injury attorney and talk about the next steps.

 

Schedule a free consultation by calling (954) 488-JEFF (Fort Lauderdale), (954) 488-JEFF (Boca Raton & West Palm Beach), or 877-566-8759 (toll-free). You can also fill out this online form to set up your case evaluation. We’re a dedicated team of personal injury lawyers who work on a contingency basis and will take your calls at any time, on any day of the week.

 

Construction cranes of high-rise residential buildings in the big city, view of the evening sky

Crane Accidents and Construction Injuries

South Florida Vacation Rental Accommodations During The Holidays 7 Personal Injury Law Suit South Florida Injury Law Firm

 

Imagine sleeping soundly in bed and then a loud crashing crane comes through your roof.
It was a scene that happened this week in North Miami Beach, where a crane that was being used to repair a seawall slid off a barge and struck the roof of a condominium building.

“I was very lucky because that crane was in front of my apartment two days ago.” said by C. Spetsiotas, a resident of the condo.

 

Eight units of the building are now off-limits while structural engineers assess the safety of the building. The U.S. Coast Guard is also investigating, along with OSHA

Crane accidents have happened in the past, with unfortunately worse outcomes. In Hallandale Beach, a 27 year old was killed when a crane toppled over.  One man died and two others were left injured in Hollywood when the scaffolding collapsed.

 

Causes of Construction Accidents


 

Florida construction sites are littered with hazards at every turn. To execute dangerous tasks that these projects require, heavy construction equipment and tools are used, many of which are performed at great heights and under extremely hazardous conditions.

Although federal and state laws that require employers to maintain a safe workplace, some do not. There are instances where contractors take shortcuts to turnaround projects faster and reduce expenses, posing a risk to people who work on the sites and the local pedestrians.

 

Some common causes of construction accidents include:

 

  • Cranes, ladders and fixtures falling from buildings and walls
  • Toxic substance exposure
  • Defective construction and tool equipment
  • Improper use of equipment
  • Improper or insufficient training
  • Misuse of tools and other equipment
  • Poor safety precautions and oversight

 

 

Construction Site Safety and Your Rights


South Florida Vacation Rental Accommodations During The Holidays 9 Personal Injury Law Suit South Florida Injury Law Firm

Safety measures on construction sites are supposed to be followed by the Occupational Safety and Health Administration (OSHA) standards.  There are clear standards for cranes, crane operations, crane training, fall protection, scaffolding, ladders, hazard communication, machinery, and many other aspects of a construction site project and operations. A party’s failure to abide by OSHA standards may be evidence of negligence if that failure caused an accident.

If you or someone you know have suffered any construction related injuries, or others that are not listed, compensation may be awarded and should contact our experienced Florida construction accident lawyers at South Florida Injury Law Firm today to discuss your legal options with our Free Case Review

Also, you may be entitled to recover more money than a workers’ compensation claim alone could provide. You may also have claims for medical bills, pain and suffering, permanent limitations and past and future lost earnings.

Because of the numerous contractors, subcontractors and other parties often involved in construction sites, it can be difficult to determine exactly who should be held responsible for your injuries or the death of a loved one.

 

 

 

Types of Available Compensation


 

Worker’s Compensation
Almost every employer is required to carry workers’ compensation insurance. These benefits can help an injured worker cover medical expenses and lost wages and are available to a worker regardless of the circumstances surrounding an accident that causes injury.

 

Personal Injury
Although a worker cannot file an injury lawsuit against their employer, it may be possible to file a claim against a third party whose negligent actions led to your injury. A personal injury claim is also available to non-workers who are injured on a construction site.

 

Product Liability
If a defective product caused your injuries, it may be possible to bring a claim against the manufacturer, retailer or wholesaler of that product.

 

Wrongful Death
If you have lost a loved one in a construction accident, you may be entitled to file a wrongful death lawsuit seeking compensation for your loss.

 

 

Construction Related Accident and Injury Help


 

With decades of experience handling these types of complex cases, our South Florida Injury Law Firm construction accident lawyers have the skills and the resources needed to conduct a thorough investigation. You can rely on us to put your interests first and will work to help you recover the maximum compensation you are entitled.

 

Schedule a free consultation by calling (954) 488-JEFF (Fort Lauderdale), (954) 488-JEFF (Boca Raton & West Palm Beach), or 877-566-8759 (toll-free). You can also fill out this online form to set up your case evaluation. We’re a dedicated team of personal injury lawyers who work on a contingency basis and will take your calls at any time, on any day of the week.

Florida Personal Injury Claims: What Kinds of Damages Can You Sue for?

Florida Personal Injury Claims: What Kinds of Damages Can You Sue for?

Florida Personal Injury Claims: What Kinds of Damages Can You Sue for?

If you have recently suffered a personal injury and are currently considering filing a claim, you are likely asking yourself whether the effort will be worth your time. Frankly, the answer to that question depends on what the incident has cost you.

In a personal injury case, when a judge or jury finds there is a person or company legally responsible for the incident, and subsequently, your injury, monetary damages can be awarded to you.

There are four general ways personal injury damages within a claim will be classified, and in this post, we will share information about each category and provide examples for each of them.

This is by no means an exhaustive list of examples within each category of damages, and an experienced Florida personal injury lawyer will be able to help you understand the best way for you to financially recover from your personal claim.

Economic or Special Damages

These are the actual costs of medical treatment, estimated future medical expenses, lost earnings, future lost earnings, property damage, or other out-of-pocket expenses.

The medical portion of damages should include every expense that the plaintiff has had to pay out over the course of receiving treatment, and should also factor in what future medical costs will be. These amounts alone can add up quickly, especially in cases in which a plaintiff has become permanently disabled and is in need of adaptive devices or lifelong nursing care.

Lost wages calculations will usually factor both work the plaintiff had to miss due to treatment (whether it was paid or unpaid time off) and work that will likely be missed in the future. Further, when a plaintiff has become permanently unable to work – or their capacity to work has been permanently reduced – lost wages over their lifetime may be calculated into the award.

Non-economic or General Damages

These are awarded upon the evaluation of elements like pain and suffering, inconvenience, emotional distress, loss of consortium (companionship of husband, wife, or partner), or loss of enjoyment of life.

Pain and Suffering is one form of general damages which juries tend to award generously. Often responsible parties (and their insurers) are inclined to offer a settlement to avoid this. During the settlement process, insurance companies typically employ a “pain multiplier” strategy in order to arrive at a fair and reasonable number which involves the total of actual financial losses multiplied by a number the insurer deems appropriate, usually between 1.5 and 5.

Emotional distress is often related to pain and suffering damages, but is usually a bit more difficult to prove. Psychiatric records and medical diagnoses of post traumatic stress disorder are a couple of ways you can provide evidence.

Loss of companionship or consortium is another one that can be tied closely to pain and suffering. These damages are sought when an injury has significantly altered the relationship between the victim and family member(s) or when a wrongful death has occurred, which means the complete loss of the relationship.

The previous two categories of damages are considered “compensatory” – or compensation for damages incurred through the case injury. But there are also two additional types of damages that are usually utilized by the courts to maximize the effects the proceedings may have on the defendant, specifically as it pertains to the deterrence of future similar actions.

Punitive Damages

These are specifically designed to punish the defendant for grossly negligent or particularly egregious actions, and are awarded at the discretion of the court. Often the judge wishes to make an example of the defendant, and feels compensatory damages aren’t enough to deter the offender or others from the same actions in the future. Another situation in which punitive damages may be awarded is if a judge does not believe that the other damages amount to a reasonable punishment.

Treble Damages

Treble damages are similar to the way an insurer might come to a settlement number, but these damages are determined by the court, as well. Under special circumstances, when the court rules in your favor, you may be awarded up to three times the amount of certain damages.

One scenario is that the offender must have knowingly and deliberately committed the acts. Another would be a case where the defendant violated the public good – excessive or repeated drunk driving charges which finally result in a fatality, for instance.

Fort Lauderdale Personal Injury Law Suit

Additionally, when a defendant explicitly requests this type of award up front in the initial lawsuit, and can clearly establish intentional malice, judges and juries will deliberate on the request very seriously. In most cases, treble damages are awarded when punitive damages are not involved in the suit.

 

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.