South Florida Injury Lawyers Blog

Published on: August 3, 2014

Courts: Undocumented Workers Can Collect Benefits Following Work Injury

A recent decision by the Pennsylvania Supreme Court not only affirmed previous rulings allowing undocumented workers to obtain workers’ compensation benefits, but also held the employer – not the worker – bears the burden of proving a worker’s loss of earning power was a result of his non-citizenship status, as opposed to his injury.

Our Fort Lauderdale work injury lawyers recognize this ruling echoes other decision in Florida courts that protect injured, undocumented workers. Those decisions include Cenvill Development Corp. v. Candelo (Fla. 1st DCA, 1985) and, more recently, HDV Const. Systems, Inc. v. Aragon (Fla. 1st DCA, 2011).

In the Aragon case, a man working as a framer for a construction firm fell 30 feet on the job, sustaining numerous fractures to his foot and forearm. His fall required him to undergo extensive treatment, including the implantation of a spinal cord stimulator. Even so, his injuries were permanent, and included constant pain, nerve damage and discoloration. Doctors determined he should be restricted to sedentary work, which meant he was no longer eligible to work in construction, manufacturing or farming.
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Published on: July 21, 2014

Four Killed in South Florida Holiday Boating Collision

By Dean Freeman

The risk of boating accidents, injuries, and fatalities continues to rise throughout the summer with a peak in accidents around Fourth of July weekend. In another tragedy, four were killed and nine other victims were injured in an alcohol-related boating accident. According to the Miami Herald there were seven friends headed to shore in two separate boats. On the way back from watching the fireworks, a 32-foot Contender T-boned a 36-foot Carrera that carried a family of eight. Police reports indicated that the Contender smashed a hole into the other boat, causing passengers to spill into the bay. The Contender then spun off and slammed into a third boat.

The tragic accident left four dead and three in critical condition, impacting the lives of at least half a dozen families. Law enforcement investigators say that it is one of the deadliest recreational boating accidents in South Florida history. While reconstructing the accident to determine the cause of the collision, initial investigations point to alcohol as a potential culprit. Our Ford Lauderdale boating accident attorneys are dedicated to raising awareness to prevent future accidents and injuries. We are also committed to advocating for the rights of victims who have suffered because of negligence.
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Published on: July 16, 2014

5th DCA: Loss of Consortium Claim Survives Death of Plaintiff

By Dean Freeman

When a spouse is injured or killed as a result of negligence, spouses and in some cases other dependents are granted the opportunity to seek compensation for loss of services from their loved one in the form of a claim for loss of consortium.

Beyond the marital sexual relationship, what is argued is the loss of companionship, help with household responsibilities and sometimes loss of income by the spouse, due to having to care for the injured party.

Our Hollywood personal injury lawyers know that historically, Florida juries haven’t awarded huge sums for loss of consortium. However, there have been exceptions in cases where an argument is fully-developed and presented at trial that the injury resulted in impact to a previously-thriving marriage has been devastating and irreversible.
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Published on: July 11, 2014

E.Y. v. United States – Statute of Limitations Tolled in Some Cases

By Dean Freeman

In Florida, injured parties have a limited amount of time during which they can file a lawsuit to seek compensation. The amount of time they have varies based on the type of allegation.

For example, Florida Statute 95.11 holds general negligence claims must be filed within four years of the incident. Meanwhile, wrongful death and medical malpractice claims have to be filed within two years.

While the courts strictly adhere to these rules, our Broward County personal injury lawyers recognize there are some instances in which the statute of limitations can be “tolled,” or put on hold. While it is important to meet with an injury lawyer as soon as possible after the incident, it’s also notable that a case may not be a lost cause when the time elapsed exceeds these limits.
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Published on: July 6, 2014

Fourth of July Weekend Has Highest Rate of Accidental Deaths

By Dean Freeman

Fourth of July weekend is one of the deadliest weekends of the year. The National Safety Council predicted that there would be 385 deaths and 41,200 injuries that took place over the weekend. Accidental deaths caused by car crashes, swimming and boating accidents, or fireworks accounted for the majority of deaths in 2013. While a percentage of deaths may involve fireworks, research shows that the majority of Independence Day accidental deaths are caused by car collisions.

Accident risks peak over the weekend of the 4th because of parties, alcohol, and a rise in high-risk activities. If you or someone you love was injured in an Independence Day accident, it is important to consult with an experienced advocate. Our Port St. Lucie personal injury attorneys are dedicated to raising awareness to prevent accidental injury and death. We are also committed to holding responsible individuals and entitles accountable in the event of an accident. Our legal team will conduct a thorough investigation in your case, identify the cause of the accident, and aggressively pursue victim’s rights.
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Published on: July 1, 2014

Have a Safe and Happy Fourth of July Weekend

By Dean Freeman

Our Broward Injury lawyers wish you and your family a safe and happy Fourth of July weekend.

This holiday weekend, people will be out in force celebrating our nation’s independence. Of course, the many beautiful beaches will be a huge attraction. People will be swimming or riding personal watercraft close to shore, while others head out in boats to fish and enjoy a nice day on the water. Those staying away from the shore may be enjoying family barbeques or hanging out at the pool. While all of these activities can be a lot of fun, you should be alert for certain dangers you may face this holiday weekend.

Over the holiday weekend, authorities are prepared for a higher than average number of car crashes. There are many reasons for this increase, including more people drinking and driving on the Fourth of July and more teens taking to the road now that schools are out.

Teen driving fatalities are higher this time of year than any other period. The National Safety Council calls the period from Memorial Day to Labor Day the 100 deadliest days for teen drivers. We are right in the middle of that period this holiday weekend. At the start of the 100 days, the Miami Examiner reported that South Florida ranks particularly high in terms of traffic accidents, and rates involving teen crashes are expected to climb even higher this time of year. In an effort to curb this, AT&T is asking all drivers, including teens, to take part in the “It can wait” movement, which is a pledge to never text and drive. As you may be aware, distracted driving is one of the major causes of car accidents and teens are among the most frequent texters. It may be a good idea to stay off the phone entirely while driving. While mobile apps and hands free devices can aid us in performing many tasks, research still suggests that this causes drivers to be distracted, resulting in car crashes.
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Published on: June 28, 2014

Massey v. Conagra Foods – Dangerous Food Product Case Goes Forward

By Dean Freeman

Consumers have the right to be confident that when they purchase food products from the grocery store – items that will be served to themselves and their families – that those products will be safe.

Unfortunately, food manufacturers are not as careful at protecting the public’s health and welfare as they are at protecting their own bottom line. Our Broward County injury attorneys have seen serious illness and even death as a result, particularly for vulnerable populations, such as children, the elderly and pregnant women.

In 2010, the latest full year for which data is available from the Florida Health Department, there were 65 outbreaks of food and waterborne illnesses in Florida (they are not separated by type), with 807 cases of illness. Of those cases, 190 were reported in Broward County.
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Published on: June 24, 2014

England v. Brianas – Domestic Violence Victim Had No Duty to Reveal Past

By Dean Freeman

One of the key elements in any Coral Springs personal injury lawsuit is determining what duty the defendant owed to the plaintiff. From there, it can be determined whether that duty was breached and whether that breach was the proximate cause of injury.

In many cases, this is a straightforward matter. For example, a driver has a duty to act with reasonable care. A caretaker has a duty to supervise. A nightclub has a duty to ensure adequate security.

However, some cases present questions of duty that aren’t as well established. The case of England v. Brianas, weighed recently by the New Hampshire Supreme Court, was one such instance.
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Published on: June 20, 2014

Schlumberger Tech. Corp. v. Arthey – Federal Maritime Law Not Applicable in Drunk Driving Case

By Dean Freeman

In a case that holds relevance for drunk driving victims in Florida, a state surrounded by water, the Texas Supreme Court refused to apply federal maritime law to a drunk driving case involving a person who became intoxicated while aboard a boat.

Our Fort Lauderdale drunk driving accident lawyers are hopeful the impact of the decision in Schlumberger Tech. Corp. v. Arthey won’t be too great in Florida for two reasons. One, the decision by Texas’ highest court doesn’t have a direct impact on the determinations made in Florida courts. But perhaps more importantly in this case, Florida recognizes social host liability, whereas Texas does not.

The lack of social host liability laws in Texas was what led the plaintiffs to pursue this action the way they did.
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Published on: June 17, 2014

Limitations on Independent Medical Exams Explored in Goicochea v. Lopez

By Dean Freeman

It’s not uncommon for a plaintiff in a personal injury action to be asked to submit to an independent medical examination by the defense.

Don’t let the term “independent” fool you; the doctor is not impartial and is not your friend. Still, it’s often a necessary element to ensure fairness in civil litigation. Denying a defendant access to a key portion of the evidence – i.e., your medical condition – could be considered a miscarriage of justice.

That said, our Coral Springs injury lawyers know there comes a point when requests for examinations can become excessive. Florida courts have addressed this issue before, and it arose again recently in Goicochea v. Lopez, which came before the Third District Court of Appeals.
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