Personal Injury Litigation

Should You Go to Trial or Settle?

You’ve been in an accident. You find out that you can seek damages because of your injuries. Then you hire an attorney. What happens next can be a complicated maze of decisions. You may have the opportunity to take your case to trial, or the defendant could offer you a settlement. What is the best decision? The short answer to “should you go to trial or settle” really depends on the case. Since each case in unique, there is no right answer. Rather, consider the following facts about if you should go to trial or settle a personal injury lawsuit

Who is Responsible for a Slip and Fall?

If you slip and fall on an object that is in plain sight, is it still your fault? Who is responsible for a slip and fall in the state of Florida? The court case Brookie vs. Winn Dixie, which took place in April 2017, explored this issue. The conclusion was that if there is an obstacle that is in plain sight, and you slip and fall on it, you are responsible, not the business owner. Read on for more details on this case and to learn about the justification of who is responsible for a slip and fall.   Brookie vs. Winn Dixie Background The plaintiff was visiting a

Only Certain Situations Arise that Lead to a Parent’s Liability for the Conduct of their Child

JANUARY 10, 2017: As an Aventura Personal Injury Attorney, negligence cases surrounding children are frequently a challenge, for the question invariably arises pertaining to the liability of parents for the actions of their child.  Naturally, a minor can be held liable for negligence, but rarely does a child have the resources to satisfy a judgment in favor of an injured person.  Consequently, accident lawyers are always finding ways to implicate the parents in the lawsuit assuming adequate grounds exist.  Nevertheless, Florida courts have ruled on this issue many times in the past, including just recently in late 2016. In William Perez and

Sovereign Immunity and Statutory Cap on Damages Hurts Plaintiffs in Cases Against the Government

DECEMBER 11, 2016: As a personal injury lawyer that helps those hurt in accidents, a common misconception clients often have is that cases arising out of negligence of governmental entities lead to the most profitable recoveries.  This could not be further from the truth.  Most, if not all, cases against the government in Florida are not covered by liability insurance such as cases against private entities. Car accident, slip and fall, or general liability cases against the government fall within Florida Statute, Section 768.28.  While that statute exhaustively sets forth rules and requirements for bringing a suit against a governmental entity, the

Rear-End Accidents in Florida Carry a Presumption of Negligence That Can Be Rebutted

OCTOBER 16, 2016: As a car accident lawyer, the most common type of vehicle impact is a rear-end collision.  In those situations, liability is typically admitted by the insurance company or attorney for the driver.  Once liability is no longer at issue, the only matter to be resolved by both parties is that of damages.  As many personal injury attorneys know, liability in rear-end accidents is admitted due to the rebuttable presumption of negligence that exists in Florida. The 4th District Court of Appeal for Florida (“4th DCA”) recently heard oral arguments following a dismissal of a car accident case in Circuit