Articles Posted in Personal Injury

In cases where multiple injury victims seek compensation from at-fault party insurers, an issue that often arises is whether the injuries stemmed from one occurrence or multiple occurrences.

Punta Gorda injury lawyers know this is often a key point that can significantly impact the overall amount of damages awarded to each plaintiff. That’s because insurers often cap the damage award based on a per-person or per-incident calculation. If an injured party can show there were multiple incidents, giving rise to separate claims, each injured party is likelier to receive a higher sum.

This comes into play a lot in cases in multi-vehicle crashes. While insurers will tend to argue each injury stemmed from a single crash, plaintiffs will seek to show that each collision was separate in its own right, even if factors stemming from other crashes may have played a role in causation.
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Millions of Americans attend sporting events every year. Research has indicated the number of injuries sustained by these patrons is far higher than one might expect, ranging from being struck by a foul baseball to being bruised by a rouge hockey puck.

Fort Myers personal injury lawyers know that many of these injuries are considered “inherent risks” that sports fans assume when they attend a game. That means, unfortunately, sports teams often aren’t held accountable for resultant injuries. Most teams even have a “disclaimer of inherent risk” printed on the back of the ticket.

However, the general rule isn’t absolute. The key is establishing that the facility or employees somehow deviated from established custom. This is why despite the inherent risk clause, many teams have increased their protective glass and netting surrounding areas where such injuries are most likely to occur.
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A ruling by Florida’s Fifth District Court of Appeal holds that a claim for loss of consortium, brought by a spouse in unison with a personal injury action, can continue even after the death of that spouse, without having to be refiled as a separate claim.

Fort Myers personal injury lawyers understand there are some conflicting rulings in this regard, but the Fifth District, in its consideration of Randall v. Walt Disney World Corp., cites precedent set by the Florida Supreme Court in 2013.

This ruling is important because it sets the tone for how other loss of consortium claims should proceed in the event the original plaintiff/spouse dies before the case winds its way to the trial phase. However, it is still in conflict with precedent set by Florida’s Third District Court of Appeal.
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Bruce L. Scheiner, PA Wishes You a Safe and Happy Fourth of July
Our Fort Myers injury lawyers urge everyone to have a safe and enjoyable Fourth of July weekend.

Fourth of July is the time for backyard barbecues and hanging out with friends and family. It’s a
time to celebrate our nation’s birthday, and the way we celebrate is with fireworks. Most people will go to a professional fireworks demonstration. This is by far the safest option. Others, however, purchase their own fireworks. Unfortunately, the use of fireworks by someone other than a trained professional can result in serious injury.

If you are going to put on your fireworks display, you should check local laws and follow some basic safety precautions. Regarding the law, according to the Collier County Sherriff’s Office, any fireworks that fly or explode are illegal in the state of Florida. This means that only handheld or ground sparklers are legal to use in Florida. This law is in effect every day of the year, including the Fourth of July. Anything that shoots into the air or explodes is illegal. It is because of this law that many people will drive to a neighboring state to purchase fireworks that are not legal in Florida. Do Not Do This. In addition to the enhanced safety issues involving more dangerous fireworks, you can be subject to serious criminal statutes pertaining to the transport of explosives across state lines.
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One of the most effective ways your Fort Myers car accident attorney can help you is by not only gathering and presenting evidence in your favor, but also by working to suppress evidence that isn’t.

In Zelaznik v. Isensee, it was suppression of testimony from a defendant’s expert witness that was at issue on appeal, following a jury trial that resulted in a $1.1 million verdict in favor of the plaintiff car accident victim.

In the end, Florida’s Second District Court of Appeal found that suppression of the evidence was a technical error by the trial court, but one that was ultimately harmless. Thus, the verdict and damage award was allowed to stand.
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Florida slip-and-fall accident claims may have lost some traction following the passage of a measure in 2010, which puts a greater burden of proof on plaintiff’s shoulders.

Fort Myers premises liability attorneys know that before the legal change, injured parties needed only to show that a dangerous condition existed and resulted in injury. Now, they must show that the business knew or should have known about the substance that caused the fall, and yet failed to take action to clean it up.

But this new requirement shouldn’t hinder plaintiffs who suffer serious injury as a result of a slip-and-fall. These cases are still being won, as we saw just recently in the case of Feris v. Club Country of Fort Walton Beach, Inc.
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The existence of a company policy warning against employees getting involved in altercations with patrons is not enough to conclusively negate liability if such an incident occurs and results in injury, according to a recent ruling by the Florida’s Fifth District Court of Appeals.

The case of Trabulsy v. Publix Supermarket Inc., wherein a grocery store employee was accused of assault on a customer, will continue to trial, reversing an earlier decision by the district court.

Punta Gorda personal injury attorneys understand that the primary question weighed by the appellate panel was whether the worker was acting within the scope of employment, or whether he had removed himself from that status by virtue of the fact that he was involved in a physical fight. The answer is one that depends on several factors, and should be weighed by a jury as a matter of fact, not by the court as a matter of law.

This is why the court found a summary judgment in the case to be improper.
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The Florida Supreme Court recently took on the issue of third-party liability as it pertained to the serious injuries suffered by a bar patron in South Florida.

The victim was beaten mercilessly with a tomahawk by another bar patron, with whom he’d been drinking. The attacker went on to face criminal charges, and the victim is likely to suffer lifelong impairment, including nerve damage, blurred vision and constant pain.

But our Fort Myers personal injury lawyers note the lawsuit was filed against a former friend, who had stood by as the attack occurred, which raised questions that demanded the state supreme court’s review.
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Victims of negligence need to understand laws giving hospitals the right to have outstanding medical bills paid from a patient’s future personal injury award, regardless of automobile insurance coverage.

Where a hospital lien has been filed in accordance with law, a patient who otherwise cannot pay for medical treatment may first have to pay the hospital out of any personal injury judgment or settlement.

Our Fort Myers personal injury attorneys understand when and how hospital liens become enforceable, what constitutes valid notice of a lien, and who is liable for the lien when there is a judgment or settlement. In some cases, the amount of the lien can be negotiated down on behalf of a client. Additionally, hospitals are not required to submit to Medicare or private health insurance when treating an accident victim, which means such charges may be posted to liens regardless of whether health insurance is available to pay them.
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Officials with the Federal Motor Carrier Safety Administration (FMCSA) recently shut down more than 50 busing companies and took close to 350 vehicles off of our roadways through “Operation Quick Strike.” With this enforcement campaign, officials spent eight months looking to target unsafe motorcoach companies — for your safety.

“Through Operation Quick Strike and our regular enforcement efforts, we’re shutting down companies that put passengers at risk and educating the public on safe motorcoach travel,” said U.S. Transportation Secretary Anthony Foxx.

Our bus accident lawyers know bus and motorcoach transportation is quite common for residents in the state of Florida, especially through the winter season. With many planned vacations and business trips, residents and visitors rely on commercial busing companies to get to where they’ve got to go without the headache of dealing with our congested roads. We choose a busing company to take on the driving responsibilities while we travel in comfort. Unfortunately, not all of the companies hire responsible drivers and not all of their buses are safe. And that’s why officials with the FMCSA are stepping up.
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