Florida Injury Lawyer Blog

Stahl v. Hialeah Hospital – Florida Workers’ Compensation System Challenged

December 12, 2015 | Associates and Bruce L. Scheiner

In workers’ compensation law, the exclusive remedy provision makes it clear that employers can’t be held liable in civil court for damages related to work injuries in most cases where they carry workers’ compensation insurance. Proving fault isn’t necessary in workers’ comp cases, and it’s supposed to be a trade-off: Workers get easier access to immediate benefits for wage losses and medical bills, while companies avoid the ordeal of litigation.

But as a recent series by non-profit news organization ProPublica pointed out not long ago here and here, there have been calculated and aggressive efforts to whittle away worker protections and insulate companies from liability for work injuries. This has occurred in a number of ways, including lobbying of legislation that reduces benefits or makes it harder for injured workers to get coverage in the first place.

However, there are ways in which personal injury lawyers are helping workers fight back and regain some ground on various fronts. Most recently, there is the case of Stahl v. Hialeah Hospital, which the Florida Supreme Court has agreed to review. Continue reading ›

Rear-End Collision Avoidance Technology to Become Standard

December 3, 2015 | Associates and Bruce L. Scheiner

The National Highway Traffic Safety Administration has long been interested in driving down the number of rear-end collisions.

Nearly one-third of all collisions are rear-end accidents, the agency reports, and the vast majority of those are avoidable. The problem has only worsened in recent years with the proliferation of smart phones. Distraction was always a contributing factor to rear-end crashes, but now everyone has a a personal computer at their fingertips during every trip. In Florida, 1 in every 4 crashes can be attributed at least in part to some form of driver distraction.

Now, the U.S. Department of Transportation has announced that if car manufacturers want to receive a 5-Star Rating for safety, they’ll have to install automatic emergency braking systems standard by 2018. The announcement comes just weeks after 10 auto manufacturers indicated they would be doing just that voluntarily within the next several years. Continue reading ›

Griffin v. Haunted Hotel, Inc. – Assumption of Risk Doctrine

December 2, 2015 | Associates and Bruce L. Scheiner

In personal injury cases, it’s essential to prove defendant owed a duty to plaintiff, that duty was breached and the breach caused the injury.

What many plaintiffs don’t realize is that they too owe a duty of care – to themselves. They have to take reasonable measures to protect themselves from known or knowable hazards, or else risk forfeiting the right to recover damages for it.

Thus, a key defense in these cases is the “assumption of risk.” The assumption of risk doctrine holds plaintiff knew of a dangerous condition and voluntarily exposed himself or herself to it.

This was the defense used in Griffin v. Haunted Hotel, Inc., before the California Court of Appeal, Fourth Appellate District, Division One. Continue reading ›

Report: 1 in 10 Elderly Suffer Some Form of Abuse

December 1, 2015 | Associates and Bruce L. Scheiner

Recently in central Florida, two certified nursing assistants were fired and arrested on charges of battery on an elderly person after footage from a hidden camera appears to show them striking an elderly Alzheimer’s patient in their care.

The 76-year-old victim’s son said he and his wife noticed the bruising on his body, but assumed it was the result of frequent falls. His father wasn’t able to communicate the truth, according to ABC 10 News. The son then placed a “nanny cam” in his father’s room. They discovered staffers taunting him, handling him roughly and even striking him.

The worst part about all this is that it’s not all that uncommon. A new study published in the latest edition of The New England Journal of Medicine indicates 1 in 10 elderly people will suffer some form of abuse in their lives. That’s a largely conservative estimate, considering it involves self-reported abuse. Many people, like the victim in the aforementioned central Florida case, can’t speak up about what’s happening to them. Diseases like Alzheimer’s and dementia rob them of the ability to recognize and articulate these wrongs, to say nothing of the fear that keeps some suffering in silence. Continue reading ›

Birth Injury Lawsuit Results in $9.6 Million Judgment for Victims

November 27, 2015 | Associates and Bruce L. Scheiner

In Northern California, there is a 3-year-old little girl who is blind. She has to be fed through a tube in her stomach. She suffers seizures. She cannot walk or talk or take care of herself. It’s not likely she’ll ever be able to do those things, and most likely, she will die an early death.

The situation is heartbreaking, and made even worse by the fact her family asserts her condition was caused by a doctor who waited far too long to order a Cesarean section for the mother when she was in labor with the girl in 2012.

Now, in a bench trial at a U.S. District Court in Sacremento, a federal judge ruled the physician did indeed wait too long before initiating a C-section. This was in light of the fact that the fetus’s heart rate was worsening and there was little chance her mother was going to be able to deliver the child vaginally. Continue reading ›

Bicycle Accident Lawsuit Camicia v. City of Mercer Island Settles for $7M

November 26, 2015 | Associates and Bruce L. Scheiner

It’s been nearly 10 years since plaintiff in Camicia v. City of Mercer Island was seriously injured in a Washington state bicycle accident that left her paralyzed. The case has been volleyed to various courts over the years on a number of issues, most recently to the Washington Supreme Court on the question of the applicability of the Recreational Use Statute. The high court remanded the case back to the trial court for further proceedings.

Now, less than two weeks before trial was scheduled, the city agreed to settle the case for $6.95 million. Another defendant, a construction company, settled weeks before that for a confidential sum.

Bicycle accidents are a serious problem nationally, but especially so here in Florida. The National Highway Traffic Safety Administration reports in 2013, there were nearly 750 bicyclists killed and another 48,000 injured. Florida had the second-highest number of bicyclist fatalities that year with 133. However, the state with the most – California – had 141 – which is 6 percent higher, despite the fact that California’s population is 95 percent higher than Florida’s. Continue reading ›

Window Cord Strangulation, Choking Hazards Finally Prompts CPSC Action

November 25, 2015 | Associates and Bruce L. Scheiner

For more than three decades, child safety advocates have been advancing awareness of a serious problem in homes with young children: Window blind cords.

The window covering industry started back in 1985 raising awareness of the issue. However, manufacturers never took action to eliminate the risk – as was in their power to do – by scrapping the current model in favor of cordless blinds. Although such products do exist, a recent investigation by ABC News found that retailer employees are not well-educated in informing parents about which blinds are safe for small children.

Although officials with the Consumer Product Safety Commission (CPSC) have for years said they could not outright ban a dangerous product without initiating a lengthy process, they are now initiating just that. The chairman of the agency was quoted by ABC News as saying he wasn’t sure why the industry had failed to take these dangerous products off the market, “Other than greed.” Continue reading ›

Tracy Morgan Truck Accident Settlement Spurs Bad Faith Insurance Claim

November 16, 2015 | Associates and Bruce L. Scheiner

Insurance companies have a responsibility to their insureds and those harmed by their insureds to timely pay fair sums for legitimate claims. When they fail to do this, they may be sued for acting in bad faith.

F.S. 624.155 allows direct legal action against insurers who violate this tenant, and a finding in favor of the plaintiff may result in compensation for triple the amount of original damages.

Usually in auto accident cases, we represent injured parties who are either seeking UM/UIM (uninsred/underinsured motorist) benefits against their own insurance companies, or have been granted rights to pursue the insurer directly after securing a judgment against a defendant insured. Continue reading ›

Wood v. Wood – Suing a Spouse for Auto Accident Injuries

November 15, 2015 | Associates and Bruce L. Scheiner

Usually when spouses find themselves on opposite sides of the courtroom, it’s a family law issue: Divorce, child custody, alimony payments and the like.

But there are some situations in which spouses who love each other very much and indeed intend to stay together might need to square off in a courtroom – and it’s truly nothing personal.

It has to do with the fact that individuals cannot sue insurance companies directly for personal injuries. That leaves plaintiffs sometimes no choice but to sue the negligent person – and sometimes that includes a relative, close friend or even a spouse. The insurance company provides indemnification for the defendant and will be required to pay the judgment to plaintiff if defendant is found liable. It is sometimes the only way a plaintiff can recover damages for medical bills, lost wages and ongoing pain and suffering. In the majority of cases, the parties involved remain on good terms. Continue reading ›

Florida Car Accident Victims Win $14.5 Million From Auto Insurer

November 14, 2015 | Associates and Bruce L. Scheiner

Auto insurance is required of drivers in Florida, and we trust that when we pay our premiums in full and on time, the insurance companies will do as they promise.

However there are many cases in which insurers don’t follow through on their end of the bargain. Even victims who are seriously injured often don’t receive adequate compensation until an experienced personal injury lawyer gets involved. It is the attorney who initiates negotiations that lead to just compensation, usually after the insurance company throws low-ball settlement offers or outright refuses payment. And when insurers dig in their heels and refuse a settlement, it is the lawyer who fights for the rights of the injured at trial.

In a recent case out of Miami, it took 10 years, but a former doctor and his wife may finally be receiving the insurance compensation they deserve, following a horrific crash on I-95. Continue reading ›