Last month, we provided some tips on avoiding arbitration. Thankfully, due to recent developments, you might not need that advice – at least when it comes to consumer financial products. A few weeks ago, the Consumer Financial Protection Bureau, created by the Dodd-Frank legislation in the wake the 2008 financial…
Florida Injury Lawyer Blawg
Legal Tip #4 – Negligence Per Se Instruction – A Highly Effective Trial Weapon
The essential role of jurors at trial is to determine which party to “believe.” Issues of law are handled by the judge, while factual issues and the credibility of the parties are solely for the jury. The more complex the case, the more difficult it can be for jurors to…
Hire a Personal Injury Attorney Who Does Not Let the Defense Drag Its Feet
Generally, Continuances favor the Defendant—Not You. As a plaintiff, you are not compensated until settlement or trial. Meanwhile, your bills are adding up, your future remains uncertain, and the phrase “the wheels of justice turn slowly…” is not exactly soothing. Why, then, is your lawyer agreeing to the defendant’s motion…
Could the Miami Heat be Liable if Chris Bosh Gets Hurt – Even if He Signs a Waiver?
A Note on Contracting Away Liability for Sports-Related Injuries While reeling from the Toronto loss, and with the looming Whiteside and Wade contract negotiations riddled with uncertainly, Heat fans can find a modicum of solace in one thought: Next year, we get Bosh back. Or do we? We Miamians love…
Legal Tip #3 – Liability Waivers – Unjust but not unbeatable
In recent years, liability waivers have become standard procedure in virtually every association between corporations and individuals. Whether a jet ski tour, your typical gym membership, or even placing your child in summer camp, corporations of all sizes are aggressively protecting themselves with liability waivers. In many cases, corporations are…
Legal Tip #2 – Avoiding Arbitration
Banks. Cell phone service providers. Social networking sites. Insurance companies. Nursing homes. What do they have in common? They all attempt to rob you, their customer, of your day in court. And, usually, they succeed. Forced arbitration is the cancer of the American justice system. Accompanying—indeed accelerating— the national…
Legal Tip #1 – Special Jury Instruction on “Medically Unnecessary / Unreasonable” Treatment
Suppose you are injured in an automobile collision caused by a negligent driver. You then go to a duly-licensed physician for medical care. You certainly trust your physician and her dedication to the well-being of her patients. Ultimately, your physician provides treatment and even surgery. Down the road of litigation,…
Fighting for Clients
When we are engaged to represent a client and take on their case we become their advocate and we fight for them because they cannot. We give a voice to the voiceless. We fight for the injured. We champion their cause and their case with every resource and every ounce…
Florida Drivers Must Purchase Uninsured Motorist Coverage
Just because you have purchased an insurance policy with ample bodily injury coverage for your vehicles does not mean that you are adequately protected in the event that you become involved in a car accident. This is because bodily injury coverage pays out only if you cause an accident and…
Creative Lawyering Yields Another Great Result for Injured Child
The vast majority of personal injury victims contact a lawyer intending to make claims against a specific entity for a specific wrongdoing. The victims often evaluate their case and form their own theories of liability before they are ever guided by an experienced trial lawyer. Unfortunately, many lawyers then evaluate…