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Tag Archives: Clearwater Personal Injury Lawyer
When Does “Ordinary Negligence” Become “Medical Malpractice”?
It can sometimes be difficult to distinguish medical malpractice from ordinary negligence cases. Health care providers exploit this confusion by trying to improperly classify the latter as the former. Florida law protects doctors and hospitals by making injured patients jump through more regulatory hoops just to bring a malpractice claim. Court Finds Transport Injury… Read More »
When Is a Florida Car Owner Liable for an Auto Accident?
Since the 1920s, Florida courts have applied a “dangerous instrumentality doctrine” when assessing liability for auto accidents. Basically, this doctrine holds that the owner of any motor vehicle is vicariously liable if they “voluntarily entrust” said vehicle to a person “whose negligent operation causes damage to another.” The idea behind this rule, as the… Read More »
Can a Nursing Home Compel Arbitration of Abuse Claims?
Nursing home abuse is sadly an all-too-common problem in Florida. Many elderly nursing home residents are victims of abuse, neglect, and poor living conditions. To protect themselves, many nursing homes try to avoid abuse-related lawsuits by pressuring residents to agree to binding arbitration. In many cases, a nursing home resident may sign away valuable… Read More »
How Admiralty Jurisdiction May Apply to Your Florida Boat Accident Case
Recreational boat accidents are a common occurrence on Florida waterways. In some cases a boat accident may fall under what is known as admiralty jurisdiction. This refers to a body of federal law governing tort claims that involve “maritime activity” and which occur on the “navigable waters” of the United States. A personal injury… Read More »
Can You File a Wrongful Death Lawsuit If a Family Member Dies on a Cruise?
Cruises are big business in South Florida. According to the American Association of Port Authorities, the cruise industry is responsible for “more than 140,000 jobs and more than $7.3 billion in direct purchases in Florida” alone. But if you are one of the thousands of Floridians who are considering taking a cruise this year,… Read More »
Is a Florida Bar Owner Liable for a Drunk Driver’s Actions?
Everyone understands the dangers of drunk driving. Over a ten-year period nearly 8,500 people died in alcohol-related car accidents in Florida alone, according to statistics published by the U.S. Centers for Disease Control and Prevention. If you have been injured due a drunk driver’s negligence, you may be wondering if the people responsible for… Read More »
Can a Doctor Make You Sign Away Your Right to Sue for Malpractice?
If you are seriously injured due to medical malpractice, you have a protected constitutional right to pursue your claims before a jury. As an alternative, Florida law does provide for voluntary arbitration—that is, resolution of your claims before a group of private judges without a jury—under certain circumstances. If the medical provider is willing… Read More »
Florida Supreme Court Rejects Insurance Company Delay Tactics
There are unfortunately too many cases where a person is injured in an auto accident and the negligent driver lacks sufficient insurance to pay for the damages. To protect against such a contingency, you can purchase uninsured motorist (UM) coverage as part of your own auto insurance policy. In fact, Florida law requires insurers… Read More »
Amendments to Florida’s “No-Fault” Rules May Hurt Accident Victims’ Recovery
Florida is a “no-fault” state with respect to auto accidents. This means all drivers must carry auto insurance policies that provide “personal injury protection” in the event of an accident. You must carry at least $10,000 in personal injury protection, although you may certainly purchase a higher amount of coverage. Unfortunately, simply carrying no-fault… Read More »
Who Can Be Held Liable in a Wrongful Death Lawsuit?
When a person dies due to someone else’s negligence, even if it is unintentional, the victim’s family may have a cause of action for wrongful death. Under Florida law, a party is negligent when it violates a duty owed to the victim. Such a duty exists whenever a person “undertakes to provide a service… Read More »
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