Jeff Davis Law

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Entries by Jeff Davis Law

What to do After a Car Accident in Florida

April 25, 2023 /0 Comments/in , /by

If you are injured in a car accident, there are steps you can take and mistakes you should avoid to help preserve your legal right to compensation for your injuries. Simple things can mean a lot when you file an insurance claim or pursue litigation.  The number one rule is to remain calm. You may be injured, scared, in shock, upset, or angry. Try to slow down, think clearly, and do not panic. You cannot protect your rights if you are overwhelmed by the situation.  Get Medical Attention   You should get medical attention as quickly as possible. This not only may help you stay healthy but benefit your claim too. How and when you get to a doctor depends on the circumstances. If you are injured and cannot drive, call for an ambulance and go to the nearest hospital emergency department. If it is safe for you to drive and your vehicle still functions, you could drive there. At the very least, see your family […]

Types of Surgical Errors and When They May Be a Reason for a Medical Malpractice Case

April 12, 2023 /0 Comments/in , /by

Serious surgical errors can make a bad situation worse. You went in for surgery here in Florida to resolve one problem, but if surgical mistakes are made, it may not only persist, but you could have new problems. A medical malpractice claim or lawsuit may compensate you for the harm you suffer due to surgical errors. What is Medical Malpractice? Medical malpractice is a type of personal injury claim. It involves a healthcare provider (a surgeon, nurse, EMT, or pharmacist) acting negligently and harming a patient. You need to prove the following elements to have a successful case against a surgeon: There was a doctor-patient relationship Because of that relationship, the surgeon must use the prevailing professional standard of care. This  is what a reasonable surgeon would do, given the circumstances of your surgery The surgeon performed below that standard, failed that obligation, or breached that duty This is the factual and legal (or proximate) cause of the resulting harm You have damages (harm you […]

Establishing Negligence in a Florida Injury Case

April 4, 2023 /0 Comments/in , /by

When you have been injured in Florida, you may wonder if you can receive compensation from the party that caused the accident. That is what negligence cases are all about – whether you are hurt in a car accident, struck by a vehicle while walking across a street, or riding your motorcycle when a car turned in front of you.  The plaintiff (you, the injured person) files the lawsuit against the defendant (a party we believe is responsible for the accident). You have the burden of proving that it is more likely than not that the defendant caused the accident and should pay you damages.   Damages cover the harm you endured and will endure due to the accident. Damages are measured in dollars and can be expenses you incurred, pain, suffering, permanent physical limitations, or scarring.   What Role Does Insurance Play?  Nearly all the defendants involved in our cases have insurance policies. They cover the insured if they are found liable (they need to pay) […]

Workplace Violence – Negligent Hiring

November 16, 2022 /0 Comments/in , /by

Our law firm recently concluded the settlement of a workplace violence claim where our client, a security guard, was shot and paralyzed by a co-worker. The claim involved overcoming a major legal challenge known as Worker’s Compensation Immunity. In Florida, in order to sue an employer that provides an injured employee with worker’s compensation benefits, the claimant must prove by clear and convincing evidence, that the employer acted with such willful and gross negligence, that the conduct was virtually certain to lead to injury, damage or death. This is the highest evidentiary standard in Florida law. Our case involved a security company that hired ex-offenders to provide armed security services. The only criteria for the selection was their ability to obtain a security guard license from the state of Florida. No other inquiry was made as to the nature of their criminal history, or background. No inquiry was made as to the suitability or temperament to be a security guard – especially an armed one. […]

Negligent Security

November 16, 2022 /0 Comments/in , /by

We recently concluded a negligent security claim against a nightclub facility in Broward County, Florida. The nightclub advertised an event on social media featuring live music, food and drinks with a festival theme. During covid, the nightclub had expanded their event space to include the parking area in front of the premises which they closed off and utilized for serving food and drinks. As a result, patrons were forced to park their cars off premises, sometimes at great distances. The nightclub did not add any extra security, nor did they hire off-duty police, install additional lighting or make any efforts to protect the sometimes, large crowds that would form in and around the property. Our client was visiting the nightclub with his girlfriend on a weekend night. The inside of the club became too crowded, and the club made no efforts to regulate the crowd. Our client and his girlfriend decided to leave and headed toward their car which was parked on the street in […]

Practice Considerations – Personal Injury Lawyer – Miami, FL

February 16, 2018 /0 Comments/in /by

For the injury lawyer handling a knee case, a working knowledge of the anatomy, terminology and basic pathology is essential.

The AAOS reports in 2010 there were about 10.4 million patient visits to doctor’s offices because of common knee injuries such as fractures, dislocations, sprains and ligament tears. “Knee injury is one of the most common reasons people see their doctors”.

It’s the largest joint in the body – if you are going to represent a client with a knee injury, learn the anatomy – what the component parts are and how they work.

What is Mediation and Why is Mediation Required in Florida

November 28, 2016 in /by

Mediation is required in every civil action in Florida. Mediation is a structured settlement conference that the parties to a civil lawsuit must attend. In every personal injury case that is in litigation, the Court will require the parties to meet at a mediation in order to try and settle their case. Mediation works – cases settle at mediation very often. A mediator must be certified in order to preside over a mediation conference. A mediation conference is scheduled, usually well in advance, in order to give both sides an opportunity to prepare. The Plaintiff, that is the person bringing the lawsuit, attends the mediation with their lawyer. They are responsible for presenting the case to the other side, the Defendant.

A mediation can be as simple as a short discussion about the facts of the case or as elaborate as a mini-trial with evidence, presentations of exhibits, visual aids, PowerPoints and other demonstrative tools. Our firm prepares for mediation on significant cases by gathering all of the client’s special damages, medical bills, liens, and other accident related expenses in order to specifically show the economic loss suffered by our clients.

Uninsured Motorist Insurance – Why you need it!

November 24, 2016 in , /by

In Florida, like many states in our country, only a minimal amount of bodily injury insurance is required to register your automobile. Car insurance is usually divided into different categories; bodily injury coverage, property damage coverage, medical insurance coverage, collision and comprehensive coverage. There are other kinds of insurance as well which supplement these such as medical payment coverage, towing & storage insurance, rental car coverage and excess or supplemental insurance. The truth is most people do not carry enough bodily injury liability insurance to cover the harm they do. This means that the average driver, especially in Florida, has only $10,000 available if they cause an accident and injure or kill someone. $10,000 will not even pay for one day of a hospital stay for a person with severe injuries.

That’s why uninsured motorist coverage was created. Uninsured motorist and underinsured motorist coverage means that your own insurance company will pay you when the person who causes an accident does not have enough insurance to pay for the damage you have sustained. For instance, if a crash takes place and the person at-fault causes you to suffer a fractured leg or other debilitating injury, their insurance company is responsible for payment of your damages under the bodily injury portion of the policy. What happens if the bodily injury coverage is only $10,000? Your damages are certainly worth well in excess of this amount. If you have uninsured motorist coverage, the injured person looks to their own insurance company to make up the difference in the value of the claim. Uninsured motorist insurance is a way to protect yourself from the limited insurance most people drive with. Uninsured motorist coverage also pays when the other person has no insurance.

Miami Car Accident Lawyer Secretary of the American Board of Trial Advocates

August 19, 2016 in /by

Jeffrey R. Davis is a Miami car accident lawyer who has served his community defending victims rights for three decades. Recently, after years of being a member, Mr. Davis became Secretary of the Miami Chapter of the American Board of Trial Advocates (ABOTA).

What is ABOTA?

ABOTA’s mission is to preserve the institution and integrity of the civil jury trial. At times in the history of the American justice system, it has come under vicious attack. Its members believe in the critical importance of the civil jury trial as a way for American citizens to receive justice. ABOTA members believe in the sanctity of the right to trial by a jury of your fellow peers, which is the Seventh Amendment of the United States Constitution.

Decreasing the Chances of an Accident at Night

May 31, 2016 /0 Comments/in , /by

Personal injury attorney Barry P. Goldberg has handled thousands of car accidents and has noticed that many night-time accidents can be avoided with a little planning.  After age 30, a driver’s eyes become less acute and more sensitive a night especially to on-coming headlights.  There are some simple tips that will decrease your chances of a night time auto accident.

1. Shift Your Gaze

When facing on-coming headlights, never look at those lights directly. It may take several seconds for your vision to adjust and an accident could occur.  Always “shift your gaze” down and to the right.  Try to use the edge of the road line, lane line or lane markers as a guide.

2. Be Seen and Predictable

You are not the only one having difficulty seeing at night! So, be predictable.  Always check you mirrors often and know where the other traffic is located.  Try using your turn signals much earlier than you normally would during daylight. When you are preparing to stop, tap your brakes lightly at least 3 times as an additional warning that you will be stopping.

I'm looking forward to presenting at National Business Institute’s upcoming course, “Personal Injury: 50 Mistakes Insurance Companies Want You to Make” on Wednesday, April 12, 2023.

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