North Florida Injury Lawyer Blog

A surgical technician’s surprise testimony has led to a $2.15 million medical malpractice award for a former ballerina who sued her surgeon and a Florida hospital for an alleged botched hip arthroscopy.

Katie Shreffler, who was 17 at the time of her initial operation to repair a labral tear, now walks with a cane.

According to court documents, Shreffler had a second operation on her hip one year later to alleviate continued pain and limited mobility following the first surgery performed by Dr. Marc Philippon at Holy Cross Hospital in Fort Lauderdale. Her second surgeon informed her that he had found gouges in her cartilage caused by a sharp instrument. She then filed suit against Dr. Philippon and Holy Cross Hospital, claiming negligence.

Julia Snogles, a surgical technician who was present during Shreffler’s procedure in 1997, testified that Dr. Philippon told her the surgery was a new procedure and that he was new at performing it. During the procedure, he created a third opening; when Snogles asked him why, he said it was to remove a foreign object. Plaintiff attorneys argued that Dr. Philippon’s inexperience led him to apply too much pressure to the instruments used in the procedure; however, Snogles also testified she never saw a foreign object being removed.

Snogles’ testimony became an issue in the appeal; the District Court of Appeal of Florida, Fourth District denied the defense a rehearing on their appeal.

To read more about this medical malpractice award, see Surprise Testimony From Surgical Tech Leads to $2.15M Malpractice Award.

An Eastern Virginia Medical School study has found an association between teen early risers and car crashes after studying two Virginia counties whose schools had different starting times.

In Virginia Beach County, where schools start at 7:20 a.m., the crash rate per 1,000 teen drivers was 65.4; in Chesapeake County, where schools start at 8:40 a.m., the crash rate was 46.2 for every 1,000 teen drivers. The county with the earlier start time had a 40 percent higher incidence of teen car crashes than the county with later start times.

The new research confirms findings in a 2008 study featured in the Journal of Clinical Sleep Medicine that showed when high schools in one Kentucky county changed their start times to an hour later, the rate of auto accidents among teens dropped by over 16 percent.

Research continues to show that teenagers need an average of 9.5 hours per sleep every night. Other studies have shown that teens who start school later in the day have improved grades, lower incidences of drug use and lower rates of depression and suicide.

The Florida Department of Highway Safety and Motor Vehicles has a website dedicated to Florida teen drivers at www.flhsmv.gov/teens. The site has statistics (in 2007, the highest rate of Florida car crashes and the highest rate of Florida car crash fatalities were experienced by Florida teen drivers 15-19 years of age), driving tips, information on Florida’s Graduated Drivers Licensing (GDL) and more resources for Florida teen drivers and parents.

The Florida Highway Patrol is looking for the driver who killed an Astatula man in a hit-and-run pedestrian accident on June 21, 2010.

The FHP discovered the body of 32-year-old Shane Clinton Moore at 6:44 a.m. on June 21 on Duda Road after someone called 9-1-1 to report a man lying in the road. Moore was pronounced dead at the scene.

Investigators say that Moore could have been hit by a dump truck or a large truck with dual rear tires, based on the skid marks left at the scene. They said there was little debris left from the vehicle, so they have no evidence as to the make or model of the vehicle involved in the pedestrian accident.

The investigators also said that it appeared the vehicle tried to take evasive action, and that the accident may not have been the fault of the driver. However, under Florida law, anyone involved in a pedestrian accident is still required to stop.

Law enforcement officials said they had received a call earlier about a man in the road who appeared to be intoxicated; another emergency call came in 42 minutes later reporting a man lying in the road.

Anyone with information on the hit-and-run pedestrian accident is asked to contact the Florida Highway Patrol dispatch at 407-737-2213.

So far this year, there have been four major recalls of window blinds in the U.S. due to strangulation hazards. The latest recall involves over 3.3 million blinds sold by international retail giant IKEA in the U.S. and Canada.

According to the United States Consumer Product Safety Commission (USCPSC), IKEA is voluntarily recalling the following blinds:

Roller Blinds: Strangulations can occur if the blind's looped bead chain is not attached to the wall or the floor with the tension device provided and a child's neck becomes entangled in the freestanding loop.

Roman Blinds: Strangulations can occur when a child places his/her neck between the exposed inner cord and the fabric on the backside of the blind or when a child pulls the cord out and wraps it around his/her neck. An additional hazard exists when the Roman blind has a continuous looped bead chain that if not attached to the wall or floor, which poses a strangulation hazard to children.

Roll-up Blinds: Strangulations can occur if the lifting loops slide off the side of the blind and a child's neck becomes entangled on the free-standing loop or if a child places his/her neck between the lifting loop and the roll-up blind material.

IKEA had the first recall of its Roman Blinds last December after receiving reports of the death of a 1-year-old girl in Connecticut and the near-strangulation of a 2-year-old boy. It issued the latest recall after another near-strangulation report involving a 1-year-old Massachusetts boy.

>A van carrying four special-needs people returning home from a day of vocational training was hit by a passenger car on Interstate 95 in Boynton Beach, Florida, killing one person and injuring the other four.

The van was returning the four special-needs people to their homes from a day of training at the Boca Habilitation Center on Boca Rio Road. It was hit by a Toyota Scion that tried to merge into the HOV lane and swerved to miss a vehicle already traveling in that lane. The impact sent the van into the Boynton Beach Blvd. exit sign pole.

One of the van passengers, 55-year-old Rachelle Thaddies, was killed in the van accident. The other four, including the driver, were taken to the Daytona Medical Center for their injuries. Three were in serious condition and one was in critical condition; the driver of the Scion, 18-year-old Shane Davila, was taken to JFK Medical Center with minor injuries.

Florida Highway Patrol investigators say that Davila apparently over-corrected to avoid the vehicle in the HOV lane and “t-boned” the special needs van. No charges have been filed yet in the car-van accident and the investigation is ongoing.

To read more about this story see Fatal wreck stirs painful memories of 2005 accident for workers at Boca special-needs center.

A potential fire hazard has forced the recall of certain BMW model cars and Volkswagen vans.

BMW has recalled their 2008-1011 Model 1 Series cars and Volkswagen has recalled Routan vans from model year 2009. The VW recall involves approximately 15,900 vehicles; BMW has not reported how many vehicles its recall impacts.

The BMW 1 Series cars from model years 2008-2011 are being recalled because of the potential for seat-belt pretensioner insulation to overheat and catch on fire in the case of a crash.

2009 Volkswagen Routans are being recalled because of an improper wiring harness in the sliding door of the vans. It has been discovered that it is possible for the wiring harness to a condition where a sliding door hinge bracket can cut the wiring insulation, causing it to overheat and catch fire.

Volkswagen has said that it will be mailing all 2009 Routan owners instructions on fixing the problem on June 20. Owners can contact the company at 800-822-8987.

BMW said it would also be distributing a mailing to 1 Series customers who are affected by the recall, with information on how the problem will be fixed by the dealer. BMW customers can call 800-525-7417 for more information on the 1 Series recall.

Product recalls are an important safety measure that can save lives. While recalls cost companies millions of dollars, the costs are well worth it if it even saves one life or prevents serious personal injuries to others.

A Stuart, Florida teenager who crashed his Corvette at the Palm Beach International Speedway and suffered a traumatic brain injury (TBI) is being released from a rehabilitation center because his insurance company will no longer pay for his stay there.

Casey Bicknell received the Corvette for his 16th birthday. Last Christmas, his parents gave him the opportunity to race the car at the Palm Beach International Speedway / Raceway. On January 6, 2010, Bicknell, 18, crashed the car into the wall on the first lap and suffered a traumatic brain injury (TBI) as a result.

Bicknell has undergone a number of operations and is currently unable to walk or communicate. He has been at the rehabilitation center in an effort to regain those functions. And while his family and doctors agree he should continue with his rehabilitation, the insurance company says it does not believe the treatment he is receiving there will improve his condition. Without insurance, the cost to the family would be $1,200 per day, which the family says they cannot afford.

Bicknell’s father has left his job in order to provide his son with full-time care. The family has also set up a website – www.caseybicknell.com -- to receive donations and is planning a fundraiser on June 27 at Indian Riverside Park in Jensen Beach.

In order to prove a medical malpractice claim, there are four requirements that must be met:

Existence of a doctor-patient relationship. You must prove that you are the patient of the doctor being sued.

Your doctor was negligent. You must prove that your doctor was negligent in your treatment or diagnosis. This means that your doctor caused you some harm that a competent doctor would not have caused. The doctor’s care must be “reasonably skillful and careful” – meaning that they meet the standards of care for your particular diagnosis or problem.

Your doctor’s negligence caused you harm. You must prove that the doctor’s negligence caused you injury or harm, not the disease or injury itself.

The harm led to specific damages. This may include physical pain, mental anguish, loss of wages or earning capacity, or additional medical expense.

There are a number of categories for medical malpractice claims, including:

• Improper treatment – when a doctor treats a patient in a manner that no competent doctor would.
• Failure to diagnose – when a doctor fails to discover an illness or makes an incorrect diagnosis because of incompetence.
• Failure of the duty of informed consent – when a doctor fails to warn a patient of the known risks to a procedure or treatment.

If you or a member of your family have been the victim of medical malpractice in Florida and suffered any physical or emotional loss, contact a Florida Medical Malpractice Attorney to help guide you and represent you through the laws in place for the enforcement of the rights of the patient / medical malpractice victim.

When a product causes injury or harm, there is usually potential for a defective product liability claim. And even though the list of products can vary wildly – from consumer products to vehicles to pharmaceuticals – the types of defective product liability claims commonly fall into one of these three categories:

Manufacturing Defects. When a product does not function as it is supposed to because of the way it has been made and causes harm, the injured party may be able to file a defective product liability claim. Examples of a manufacturing defect could include tainted medicine, a car made with a faulty part, a tricycle with a missing seat bolt, and many more.

Design Defects. When the design of a product is inherently defective or dangerous, it can give rise to a defective product liability claim. SUVs that have been proven to flip over easily, airbags that do not deploy or toys made with lead-based materials are just a few examples of products that can cause injury due to defective design.

Failure to Warn. If product instructions or labels fail to provide adequate warnings about the proper use of a product and an injury occurs, the injured party may be able to recover damages with a defective product liability claim for failure to warn.

If you or a member of your family have been injured by a defective product, contact a Florida Products Liability Injury Attorney to guide you through law and to file a claim / action to enforce your rights as an injury victim.

If a person dies due to the legal fault of another person or entity, a wrongful death claim may exist. In Florida, those who can potentially recover damages for a wrongful death claim include:

• Spouses
• Children under the age of 25 (both natural and adopted)
• Parents
• Siblings
• Grandparents

Basically, any blood or adoptive relative who has depended upon the deceased for support or services may file a wrongful death claim in Florida. The state defines “support” as both financial and contributions-in-kind; “services” are usually held to mean anything the deceased did that now requires additional expense to maintain – household chores, driving, etc.

The type of damages that are recoverable are spelled out in the Florida Wrongful Death Act and are edited here for brevity:

(1) Each survivor may recover the value of lost support and services from the date of the decedent's injury to her or his death, with interest, and future loss of support and services from the date of death and reduced to present value.

(2) The surviving spouse may also recover for loss of the decedent's companionship and protection and for mental pain and suffering from the date of injury.

(3) Minor children of the decedent, and all children of the decedent if there is no surviving spouse, may also recover for lost parental companionship, instruction, and guidance and for mental pain and suffering from the date of injury.

(4) Each parent of a deceased minor child may also recover for mental pain and suffering from the date of injury. Each parent of an adult child may also recover for mental pain and suffering if there are no other survivors.

(5) Medical or funeral expenses due to the decedent's injury or death may be recovered by a survivor who has paid them.

If you need more information on filing a Florida wrongful death claim, contact a Florida Wrongful Death attorney for advice and consultation.

When a doctor, nurse, hospital or other medical staff or facility fails to exercise reasonable care prior to, during and / or post the delivery of a child, these actions can be grounds for a medical malpractice claim.

Wrongful Birth – if a doctor or medical staff failed to warn parents about a birth defect that, had they known, would have made the decision to end the pregnancy, they may have grounds for a wrongful birth suit. Wrongful birth suits are usually brought when there has been negligence in detecting a birth defect or if genetic testing was done improperly.

Injury to Mother and/or Child – if an infant is injured during delivery, the parents can bring suit to recover damages for suffering as well as loss of enjoyment of life. The parents may be able to recover for expenses associated with caring for the child for life if the injury is that severe. If an injury happens to a mother during delivery that was caused by negligence, she may be able to bring a legal action for both general and special damages.

During pregnancy, delivery and post birth care to both mother and child, doctors, nurses and medical institutions have a duty to provide care that is within the standard of care for similar health care providers in the State of Florida. While medical providers are not responsible for every health related problem or defect in a child, Florida medical providers have a duty to provide care that is accepted in the medical community as care within or above the standard of care. When the doctor or medical provider falls below the standard of care and basically fails the patient, a medical malpractice case may be pursued on behalf of the injured child and / or adult who then has to suffer the consequences of such poor medical care.

If you need more information on Florida medical malpractice, a Florida Medical Malpractice Attorney can advise you regarding the Florida Medical Malpractice Act, insurance laws, and other laws that control these kind of civil legal matters.

Most people assume that medical malpractice lawsuits are brought against doctors and hospitals, but there are a number of medical malpractice suits brought every year against nurses in the United States.

Like doctors, nurses have a responsibility to perform their nursing duties in a competent manner. If they fail and that failure harms a patient, there may be grounds for a medical malpractice lawsuit.

The most common types of nursing malpractice include:

Failure to Act – Since nurses are the primary caregivers for patients, if they fail to take the appropriate action in an emergency or do not properly monitor a patient, and that failure causes harm to the patient, they may be liable for nursing malpractice.

Wrong Medication – If a nurse administers an incorrect dosage or the wrong drug and it causes harm to a patient, this can be cause for a nursing malpractice claim.

Injury – If a nurse injures a patient either with medical equipment, by moving them improperly or in any other way during the performance of his or her nursing duties, this can be considered nursing malpractice.

If you or a member of your family have been injured and suffered any physical or emotional loss due to nursing malpractice in Florida which is a type medical malpractice, contact a Florida Medical Malpractice Attorney to discuss your legal rights and the legal duties of the nurses and office / hospital that employs the nurse.

An off-duty Palm Beach County Sheriff’s Office deputy had to have her arm amputated after suffering traumatic injuries last week in a boating accident. The boat crash happened in the Intercoastal Waterway just north of the Donald Ross Bridge.

Deputy Cheryl Griffin, 42, was boating on the Intercoastal with a friend when she ran into a dry dock. A boat on a lift fell on top of her 20-foot watercraft and pinned her momentarily underwater. Bystanders were able to free the deputy, who was airlifted to St. Mary’s Medical Center where doctors amputated her arm due to severity of her injuries.

The other occupant of the wrecked vessel, 38-year-old Melissa Burdeen, suffered minor injuries and was treated and released from Jupiter Medical Center.

This horrific accident no doubt puts the deputy’s future career in law enforcement in jeopardy. Since she suffered the injury while she was off-duty, she will likely be concerned about coverage for her medical bills and time away from her job. FWC is conducting an investigation into the boating accident.

While automobile accidents are more prevalent in number and frequency, this story illustrates that boating accidents do happen and can cause life long serious permanent injuries. While some accidents are just that - accidents. Other boating accidents are caused by boater distraction, speeding, and boating negligence. Whether you are operating a boat, automobile or other vehicle or mechanical device in the State of Florida, be safe and careful to do your best to avoid accidents.

Results from a World Health Organization study show that between 70,000 and 100,000 lives could be saved every year if trauma victims were given access to TXA (tranexamic acid), a drug that reduces the rate of blood clot breakdown.

The CRASH-2 Study noted that injuries are a leading cause of death worldwide, with almost six million deaths per year around the globe. Of those, more than two million die in vehicle accidents. In addition, the study noted that hemorrhage is responsible for at least one-third of hospital trauma deaths, and also contribute to deaths from organ failure.

Studying more than 20,000 adult patients in 40 countries, researchers found that TXA reduced the risk of death by 10 percent compared with patients who received a placebo.

The researchers said that medication could have a dramatic impact on deaths from traumatic injury in developed countries, including the U.S. where more than 2,000 lives might be saved every year. They recommended that TXA be added to the World Health Organization’s List of Essential Medicines.

When there is an automobile accident or other type of incident in Florida that results in serious personal injuries or the wrongful death of a family member, contact a Florida Personal Injury Attorney for advice regarding the legal rights including those rights entitling the injury victim and / or the family to just compensation for the damages caused by the negligence or wrongdoing of others.

Earlier this year, the dominant news story was the sudden acceleration and brake failure on many Toyota model cars and trucks that caused a number of accidents and “runaway” vehicle events.

Typically, motor vehicle product liability claims are for vehicles or parts that have a manufacturing defect, or vehicles or parts that have a design defect. In most cases, all or some of the following entities may be pursued for a motor vehicle product liability claims:

• The manufacturer of the vehicle
• The manufacturer of the parts
• The vehicle dealer
• The automotive supplier or repair shop

If you or a loved one have been involved in an accident involving a defective vehicle – either yours or the other driver’s – both of you could have a defective vehicle liability claim. If the other driver was also negligent, that may be added to your case as well.

Types of liability in defective motor vehicle cases include:

• Strict product liability – where you must simply prove that the vehicle or part was defective;
• Breach of express warranty – where the defect was a violation of the manufacturers’ written warranty or guarantee;
• Breach of implied warranty – where a state’s minimum standard for the product has not been met.

If you or a member of your family has been the victim of an accident caused by a defective motor vehicle or part, contact a Florida Products Liability Personal Injury Lawyer for advice and consultation regarding your legal rights.

How do you prove a product liability claim? Under product liability law, you must show:

Injury or loss. One of the most critical elements of a product liability claim is that a person has suffered an actual injury or monetary damages. Without either of those, there will be practical issues and challenges for both the attorney and client in pursuing such a legal cases.

Product defect. You also have to prove that the product that caused you injury or damage was defective. Types of defects include products that have been manufactured or designed improperly, as well as products that do not carry the proper warning labels or instructions for use.

Your injury was caused by the product defect. It must be proven that the actual defect in the product caused your injury or loss, not just the product itself.

You used the product correctly. You must have used the product as the manufacturer specified it to be used. However, this does not necessarily mean you must have used the product exactly as specified. If it is reasonable to expect that a consumer would use it in the same way you did, a manufacturer will likely be held liable.

If you or a member of your family have been injured or suffered a loss due to a defective product, it can be quite difficult to deal with the complexities and legal issues surrounding a Florida products liability case. It is often times helpful to have legal representation through a Florida Personal Injury Attorney on products liability cases that cause serious personal injury or wrongful death.

According to the Federal Motor Carrier Safety Administration, large trucks are involved in 11 percent of fatal vehicle crashes in the United States. Because of their size and weight, large trucks usually cause much more damage in vehicle crashes than ordinary traffic accidents.

Discovering exactly who is liable for damages in a trucking accident can be a challenge because trucking companies attempt to distance themselves from liability by leasing the equipment it uses to haul loads and hiring drivers as independent contractors, not employees.

Fortunately, there are now federal laws that enable injured parties to bypass the confusion and attach liability directly to the trucking company that owns the permit, no matter what name is on the vehicle or whether or not the driver is a direct employee of the trucking company.

If you have been involved in a truck accident, it is important to determine the cause of the accident in order to assign liability. Beyond police reports and witness accounts, valuable data can be obtained via a truck’s “black box”, which records speed, length of time the driver has been on the road, and more.

Federal and state laws also require that a certified inspector examine any commercial truck or trailer that has been involved in an accident before it is removed from the accident scene. The inspector’s report is not part of the official police report, but can be obtained from the appropriate government agency.

Driver inattention accounts for many trucking accidents in the State of Florida. Unfortunately driver inattention or negligence by a truck driver can have life changing consequences to other drivers and passengers traveling Florida highways and roads. Serious personal injuries and wrongful deaths result from these trucking accidents. These serious personal injuries and wrongful deaths impact family, friends, and the community.

If you or a member of your family have been in a Florida truck accident and suffered any physical or emotional loss, contact our Jacksonville personal injury law firm.

According to the 2009 Florida Boating Accident Statistic Report by the Florida Fish and Wildlife Conservation Commission, the Sunshine State continues to lead the nation in boating accidents with a total of 620 reported in 2009.

The leading cause of boating accidents by far was operator inattention. The leading type of boating accident was a crash involving a fixed object while cruising.

Of the 65 boating accident fatalities in 2009, almost half involved either alcohol or driver / operator negligence.

Personal watercraft (PWC) were involved in 23 percent of the reported boating accidents, even though they represent just 13 percent of all registered vessels in Florida. Half of the PWC accidents involved running into another vessel.

What we can extrapolate from the data is this: operator negligence is responsible for a majority of boating accidents in Florida. And where there is negligence, there can be and are serious personal injuries suffered by innocent victims of this Florida boating negligence.

The State of Florida hopes to lose its top ranking by increasing mandatory boater education requirements over the next few years. Boating educators / experts project a potential 25 percent reduction in fatalities over the next decade due to increased education.

If you or a member of your family have been injured in a Florida boat or personal watercraft accident and need help, contact our Jacksonville personal injury law firm.

According to a recent study by Transportation for America and the Surface Transportation Policy Partnership, Florida is the #1 state for cyclists and pedestrians killed in car accidents.

If you are riding a bicycle and get hit by a car, what you do following the accident can either help or harm you when it comes to recovering damages. Here is what you should do to help yourself:

Call the police – Even if you have sustained minor or no injuries, you should all the police and wait for them to arrive so they can take a police report. If you leave without doing this, you may have problems down the line with witness statements, insurance information, and other details as to the Florida bicycle accident.

Do not settle the case at the automobile / bicycle accident scewne – While the driver may be apologetic and offer you some sort of immediate compensation, do not negotiate. Wait for the police and be sure your version of the story is recorded in the report. Many drivers may try to deny their negligence at a later date in order to escape liability for the personal injuries, medical bills, and related damages.

Get driver and witness information – be sure you get contact information for the driver as well as anyone who witnessed the accident. Write down any witnesses’ comments that may be useful to your case later.

Record your story – Write down everything you know about the accident, including date, time, location, weather conditions, traffic conditions, etc. Don’t rely simply on memory, which can change as a result of the trauma or the passage of time.

Don’t fix anything – Do not take your bike to be fixed. Keep everything as it was following the accident – your bike, bike helmet, clothing, shoes, etc. Take photos as well.

Call a Florida personal injury attorney – even before you notify your insurance company, call a Florida personal injury attorney who can advise you on your Florida legal rights and the at fault driver's legal responsibilities for your propert damage, medical bills, future medical treatment, and pain and suffering damages.

If you or a member of your family have been injured in a bike accident and suffered any physical or emotional loss, contact our Jacksonville Florida personal injury law firm.

The 2010 Florida legislature passed a new law that was signed in April by Gov. Charlie Crist and takes effect on July 1, 2010, which requires a plaintiff to prove that a business was aware of a dangerous condition, and should have taken action to remedy it.

The new law nullifies the holding in Owens v. Publix Supermarkets, Inc, 802 So. 2d 315 (Fla. 2001) and repeals 768.0710 F.S. It essentially eliminates the burden on the defendant to produce evidence that it exercised reasonable care after a plaintiff has proven that a transitory substance caused his or her fall.

For example, under the old law which was in place for only a short time period before it was changed by a prior statute, if you slipped on a substance or object on the floor of a business, you needed only to prove the facts of the slip and fall accident. The burden was then on the defense to prove that it had exercised reasonable care under the circumstances.

Florida Statute Section 768.0755 merely codified the case law that was in effect for years in Florida prior to the Owens case. Following the holding in the Owens case would have provided slip and fall injury victims with a better and more fair system in order to pursue their personal injury claims and lawsuits. Even if Owens is not the law in Florida, there are still rights on behalf of slip and fall victims that can be pursued assuming negligence can be proven pursuant to the statute and related case law that has been around for years in Florida.

Prior to the Owens Case and other laws, the common law in Florida required that an owner or manager of the premises knew or should have known of the condition and failed to take measures to warn visitors of the condition or otherwise failed to take measures to clean up the condition or prevent the condition from taking place at all.

If you or a member of your family have been injured in a slip and fall accident and suffered any physical or emotional loss, contact our Jacksonville personal injury law firm.

When an automobile accident occurs in Florida, finding out who is at fault is not always as easy as you might think. There are some instances when a person or company could be sued for negligence in an auto accident even if the person or high ranking company official was not driving or even in the car at the time of the accident.

Here are the most common scenarios when you might be found at fault:

Someone Else Drives With Permission of Vehicle Owner – In Florida, a car owner is responsible for damages caused by accidents involving the negligent operation of their vehicle by anyone who has the owner’s permission to drive the car.

Children – if a child is at fault for an automobile accident, both the teen driver and the owner are equally responsible under Florida’s “dangerous instrumentality rule”.

An Unfit Driver – If a car is entrusted to an unfit driver and his or her negligence causes a Florida automobile accident, both will be liable for injuries and damage. This can include a driver who is intoxicated, unlicensed or under age, inexperienced, reckless or elderly. This is known as “negligent entrustment”.

Your Employee – If an employee is driving a company car and is involved in an accident because of negligence while working, the owner can be held liable.

If you need more information on negligence associated with a Florida auto accident, contact our Jacksonville personal injury attorneys for advice and consultation.

Each state imposes a statute of limitations on filing personal injury lawsuits and Florida is certainly one of them. What is a statute of limitations? It simply means the period of time in which a person must start legal proceedings.

Here are the Florida statutes of limitation:

Personal Injury – legal proceedings must be initiated within four (4) years from the date of injury.

Medical Malpractice – legal actions against medical professionals must be filed within two (2) years – either of the date of the act that resulted in the injury, or within two years from the date the injury was (or should have been) discovered. However, if a plaintiff is able to prove the presence of concealment, fraud or misrepresentation regarding the injury, the limitation period is extended for another two (2) years.

Professional Malpractice – legal actions against professionals (accountants, attorneys, etc.) must be filed within two (2) years of the date the injurious act was (or should have been) discovered.

Product Liability – actions must be filed within four (4) years from the date of injury.

Wrongful Death – action must be filed within two (2) years of the date of death.

Fraud – must be filed within four (4) years.

Defamation – charges of libel, slander or defamation must be filed within two (2) years from the date of the action.

If you or a member of your family have been injured and suffered any physical or emotional loss, contact our Jacksonville personal injury law firm.

Dental phobia – the fear of going to the dentist – is a fairly well documented phenomenon in the U.S. Many people do not like to go to the dentist because of the fear of pain or helplessness. Some people just don’t like the sounds associated with a dental treatment.

Simply inducing fear, however, is no grounds for a dental malpractice claim. However, when a dentist’s actions (or inaction) cause an injury – either intentionally or unintentionally – it may be considered dental malpractice.

Incidents of dental malpractice can include:

• Failure to diagnose an oral condition or disease
• Failure to treat an oral condition or disease
• Negligent dental work
• Delayed diagnosis or treatment
• Treatment without patient consent
• Intentional misconduct

Some of the injuries that can occur as a result of dental malpractice include:

• Oral injuries during root canals
• Oral infections caused by faulty root canal work
• Oral infections caused by dental tools
• Injuries caused by faulty tools or devices
• Nerve damage to the jaw, lips or face
• Loss of taste
• Numbness
• Injuries, infection or death caused by oral surgery
• Injuries, infection or death caused by improper use of anesthesia
• Injuries, infection or death caused by an unlicensed dentist or hygienist

If you or a member of your family have been the victim of dental malpractice and suffered any physical or emotional loss, contact our Jacksonville personal injury law firm.

According to The Humane Society of the U.S., there are over 77.5 million “owned” dogs in America. In fact, almost 40 percent of American homes have at least one dog.

There is no question that Americans love dogs. And they love us right back. But sometimes that love takes the form of protection and even aggression, which is why dog bite laws exist.

Florida dog owners can be held liable for any damages caused by their dog – either in a public place or when the victim is on the owner’s property lawfully. Florida has a strict liability law in place. That means that a dog owner is liable for personal injuries caused by a dog bite even if the dog had no prior history of dog bites or aggression. Typically, a Florida dog bite case is not controlled by the negligence or lack of negligence of the dog owner. If a dog bite takes place, the dog owner is typically liable unless the person was a trespasser on the property. What constitutes a “lawful presence”?

If an owner has given someone permission to be on the property – invited a friend or neighbor over, called a repairman for service, installed a mailbox to receive mail – that is lawful presence. If someone is trespassing and does not have permission to be on the property, that person is not a lawful guest.

The owner of a dangerous dog can defend against potential liability by displaying signage on their property that says, “Dangerous Dog”. However, signage will not discharge liability if the victim is under the age of six or if an owner has been negligent (leaving a gate open, not repairing a fence, etc.).

Florida dog bite law also requires owners of dangerous dogs to:

• Register the dog with the state
• Identify the dangerous dog with an electronic implant or tattoo
• Notify animal control immediately if the dog has bitten someone, has gotten loose, been sold or dies.
• Properly confine the dog
• Post clear warning signs at all entry points on the property that there is a dangerous dog

If you or a member of your family have been the victim of a dog bite and suffered any physical or emotional loss, contact our Jacksonville personal injury lawyers for advice and consultation regarding injuries, medical bills, homeowner's insurance, liability insurance, and other legal matters./a>.

Understanding how damages are awarded in Florida personal injury cases can provide insight into what your personal injury case may be worth. These are the most common types of damages awarded in Florida personal injury cases:

Compensatory Damages – these are meant to compensate an accident victim for any loss incurred because of an accident or injury. The primary types of compensatory damages include:

• Medical – the cost of medical care incurred because of the accident, both current and future, including expenses associated with a permanent disability or disfigurement.
• Property – reimbursement for repairs or fair market value of any property lost or damaged because of the accident.
• Income – lost wages as well as any future earnings impacted by the accident.
• Pain and Suffering – compensation for any pain or serious discomfort caused by the accident, including any ongoing pain or discomfort.
• Loss of Enjoyment – if you can no longer enjoy something you used to do because of the accident – for example, if you were a marathoner and could no longer run, you may be entitled to compensation for loss of enjoyment of life.
• Emotional Distress – compensation for the psychological impact of an accident or injury.
• Family Relationship Interference – if your accident or injury interfered in any family relationships, either with your spouse or children.

Punitive Damages – when a defendant’s conduct is found to be especially careless or egregious, a plaintiff may be awarded punitive (punishing) damages. Florida has a cap on punitive damages of $500,000 or three times the amount of compensatory damages, unless the case involves child or elder abuse. If the defendant caused the injury because they were motivated by financial gain, punitive damages can be raised to $2 million or four times compensatory damages. In all punitive damage awards, 35 percent of the total goes to the state.

If you or a member of your family have been in an accident and suffered any physical or emotional loss, contact our Jacksonville personal injury law firm.

Accidents can be traumatic and since the human brain is actually wired to help us forget traumatic experiences, it is critical for you to document your accident as soon as possible and not rely solely on memory for the details.

Many of us today own smart phones that have applications to help us remember. There are voice memo applications you can use to record the details of your accident if you find that easier than writing. You can also take photos with your cell phone of the accident scene and your injuries.

Be sure you document the following:

Accident – record every detail, including the date, time and location. What was the weather? Light conditions? What did you see? What did you hear? Where were you going?

Injuries – if you visit an emergency room or your doctor for any of your injuries, they will have a record for any claim. But you still need to make a note of any other pain or discomfort – physical and mental – that you suffer following your accident. Are you having trouble sleeping? Did some pain appear later – like a stiff neck or sore joint – that you did not have prior to the accident? Make a note of it all.

Loss – Beyond the damage to your car, motorcycle or other vehicle, you also need to make a note of any other property that was damaged or lost as a result of the accident. Also make note of any work or school missed as well as any social engagement you missed because of the accident.

If you or a member of your family have been in an accident and suffered any physical or emotional loss, contact our Jacksonville, Florida personal injury law firm.