Category Archives: Personal Injury
Falls Inside Hospitals Are Becoming a Big Problem
When we think of ways that people get injured while in the hospital, our attention is drawn to medical malpractice. We are concerned whether medical staff are missing anything important, or whether they are making the right decisions as to our care. We often don’t give much thought to the threat of falls inside… Read More »
Differences Between the Roles of Judges and Juries
In any criminal prosecution, the accused has the right to a trial by an impartial jury. However, we also know that judges hear and try cases, and make important decisions. It can be confusing when people read cases and hear both about what judges do, and then read verdicts about what juries do. What… Read More »
Cosmetic Surgery Death Highlights the Lack of Laws that Regulate the Industry
The quest to look better and meet the ideals that we see on TV and online has claimed another victim. A young woman recently died in Hialeah while undergoing a cosmetic surgery procedure. The accident is a reminder of the importance of selecting the proper health care providers, as well as a reminder of… Read More »
The Eggshell Plaintiff Doctrine
For a moment, assume that there are two separate hypothetical slip and fall accidents that happen at the same time and place. In the first, a young healthy bodybuilder slips on liquid left on a business’ floor. As he is young and healthy, he suffers a sprained wrist, which heals nearly completely. As such,… Read More »
Defendants Often Hide Behind Trade Secret Objections to Keep Evidence Hidden
In the course of litigating a personal injury case (or any other type of case) one of the most important stages of the case is discovery. Parties do not go to trial without knowing the other side’s evidence. The discovery process allows both parties the opportunity to discover what evidence the other side has… Read More »
Can a Plaintiff Who is Drunk When an Accident Occurs Still Recover Damages?
Even though someone may act negligently and cause us injury, the law recognizes that all of us have an obligation to do what we can to protect ourselves, to try to avoid injury, or to try to minimize our own injuries, to the extent possible. This is why if a plaintiff (the victim in… Read More »
Compensation for the Spouse of a Victim of Negligence
When we, or a loved one, are injured due to the negligence of another, we immediately think of compensation for the person who is injured, and with good reason. However, there are instances in which a spouse, who is not directly injured in the accident, can also be entitled to compensation. Consortium Claims When… Read More »
Courts Sometimes Aren’t Certain About the Sovereign Immunity Damage Cap
There are laws that, even after having been on the books for a long time, are still subject to judicial interpretation. A case in point involved the law in which a governmental agency causes someone to be injured. “Sovereign Immunity” “Sovereign immunity” is a concept that bars individuals from suing the state; however, many… Read More »
Non-Economic Damages Ruled Reasonable in Tobacco Death Case
In a personal injury case, a victim can be awarded economic damages and non-economic damages. Economic damages are things that we can count, or which are “out of pocket,” such as medical bills or lost wages. Non-economic damages include things that don’t have a price tag on them. They include things like pain, suffering,… Read More »
What Happens if Evidence is Lost or Destroyed?
One of the biggest concerns for injury victims is how evidence that is needed to prove their case will be saved or preserved if the other side has it. Put simply: What prevents a party that’s being sued for negligence from simply “losing” or destroying evidence that can be used to prove that party’s… Read More »
