What to do After a Car Accident in Florida
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
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
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
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. […]
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 […]
Spoliation of Evidence by Non-Parties
Spoliation of evidence means you “spoiled “the evidence in a case. Evidence can be an object, product, condition, documents, materials, electronic records -basically anything needed to prove the facts of a case. Spoiling can mean destroying it, throwing it away, losing it, failing to keep it secure or safe, allowing others to tamper with it or change it, or altering it, either intentionally or by accident or neglect. Up until recently, most Florida court decisions dealt with what happens when a party, whether plaintiff or defendant, commit this spoliation of evidence. A decision out of the 5th DCA addresses the decision where a non-party spoils evidence in a case. Shamrock-Shamrock Inc. v. Remark, 271 So. 2d 1200 (Fla. 5DCA 2019), involves a situation when the non-party witness owes a duty to preserve evidence for the litigation. In Shamrock, an individual that was a member of a city planning board had been an activist against a rezoning project in Daytona Beach before she […]
Please Read Your Auto Insurance Coverages
As an injury lawyer I receive thousands of calls every year from people involved in motor vehicle accidents. When I ask them about their own automobile insurance I usually get the same two responses: 1. Why are you asking me about my insurance, I did not cause the accident? and, 2. Don’t worry, I have full coverage. In Florida, we are what is known as a no-fault jurisdiction. The Florida Motor Vehicle No-Fault Law found in Florida Statute § 627.730 requires a Florida motorist to carry basic minimal insurance called Personal Injury Protection (PIP). This outdated and almost useless coverage pays up to $10,000 of your own medical bills if you are in a motor vehicle accident and injured. As anyone who has been to an emergency room in Florida knows, $10,000 hardly pays for anything. If you are in a serious accident and need surgery or emergency intervention, your bill will almost certainly be more than $10,000. Personal injury protection benefits […]
Letter to the Editor – Miami Herald: Repealing PIP Insurance is a Bad Deal for Floridians and a Costly One Too
In response to “Repealing PIP Insurance is a Bad Deal for Floridians and a Costly One Too”, the authors, both of whom are closely aligned to the insurance industry, claim that our current automobile insurance scheme in Florida is working and that to change it, and add mandatory bodily injury insurance with the repeal of PIP is a bad idea. Nothing can be further from the truth. Like all insurance acolytes, the authors dutifully blame the “trial lawyers” for seeking change to earn fees. The current system in Florida of requiring no bodily injury insurance is short sighted and obsolete. Florida is one of the few remaining states in the entire country that still does not require people who drive cars to carry adequate insurance for the damage they cause. Incredibly, you are not required to carry physical injury insurance in Florida in order to register your car. All you need to have is a policy that provides a driver with $10,000 […]
Cardiac Ablation Injuries: How it Happens
People with atrial fibrillation or an irregular heartbeat that are not well controlled with medication often have cardiac ablations. These procedures are performed by electrophysiologists who are cardiologists that have additional training. An electrophysiologist frequently uses a catheter that is inserted in the patient’s groin and threaded up through a vein into the heart. The end of the catheter tip delivers a radio frequency or electricity in order to make burns in certain places in the heart and around the pulmonary veins. The purpose of these burns or lesions is to interrupt the flow of electricity in the heart to prevent the abnormal rhythms associated with atrial fibrillation.
Slippery Sidewalks in Coral Gables, FL – Who is Responsible?
Believe it or not, the City of Coral Gables says the adjacent homeowner is. They even have a municipal code that says so.
According to the Code of the City of Coral Gables, Florida which contains the general and permanent ordinances of the City of Coral Gables, Chapter 62, Section 151 states, in pertinent part, “All owners of unimproved property and occupants, or occupants and owners of improved property shall maintain their property in a clean, litter-free and mowed condition, including sidewalks, grass strips, alleys up to and including the median point of the alley, curbs, swale areas, or rights-of-way up to the edge of pavement of any public street. Maintenance shall include, but not be limited to, mowing the grass and performing general edging, trimming and cleanup activities.”.
Judge revives lawsuit over Senate race ads
A Democratic lawmaker will get a second chance to force a secretive political group to reveal the donors who helped fund advertisements in a key Central Florida Senate race last year after the Orlando Sentinel identified the possible leader of the group.
Letter to the Editor Miami Herald
The dictionary defines hypocritical as behaving in a way that suggests one has higher standards or more noble beliefs then is the case. When it comes to protecting the rights of the unborn, Florida is hypocritical. Following the recent abortion legislation in Texas, Florida republicans plan to take up their own anti-abortion legislation early next year. Recently, Florida Senate President Wilton Simson reported to the media that Florida lawmakers are working on a so-called heartbeat bill. States like Ohio and Texas have banned abortion as early as 6-weeks into a pregnancy. House Speaker Chris Sprowles has said, “in Florida, we agree that killing an innocent human being with a beating heart is wrong. It is why we have worked every session to strengthen protections for unborn babies…
Homeowner has Duty to Maintain City Sidewalk in Front of their House
Coral Gables has a city code requirement that requires homeowners to clean and maintain the sidewalks adjacent to their homes*. We represent a woman who sustained multiple injuries requiring surgeries due to a fall while walking on a sidewalk coated with black/green slime. The litigation was instituted against both the City of Coral Gables and the homeowner. The homeowner defended by claiming the city of Coral Gables owns the sidewalks and it is their responsibility to maintain them. The City of Coral Gables defended the suit by claiming it was the pedestrian’s fault for walking on a dangerous sidewalk. After a series of hearings and the filing of multiple briefs and memorandum of law, the Court granted the Plaintiff’s limited motion for summary judgment. The Judge has ruled, that as a matter of law, the homeowner undertook a duty to maintain the sidewalks in front of his home by voluntarily pressure cleaning, brushing and hosing. The jury will now decide if the homeowner breached that duty by failing to reasonably maintain the sidewalks. This important ruling basically means that if you are going to undertake a job or project, you have a responsibility to do it correctly. This case is being co-counseled with Michael Lotto, Esq. of The Ward Law Group.
My Most Difficult Case
I remember as a young lawyer, a wise, seasoned senior partner told me, “Never represent a family member – you can’t be objective”. Over the years, I have ignored this advice and helped family members and close friends with claims, including injury claims. I never really had a problem doing so nor did I feel that I had lost my objectivity or ability to see the case for its true value. That all changed a year ago.
The Myth of Full Coverage
Florida has some of the least protective automobile insurance laws in the nation. To register a car in Florida, you only need to purchase insurance that has personal injury protection (PIP) benefits and property damage liability. If your policy has these two basic elements of coverage you are deemed to have the required coverage under Florida law. This is not full coverage.
In response to a recent letter “Court Disorder”, a Miami resident dutifully responding for jury service was forced to endure an entire day of waiting without sufficient accommodations for food or basic courtesies. First, as a trial lawyer that recognizes the critical necessity of jury service; this citizen’s important message must be heard by the officials, judges and other court personnel responsible for management of the jury system. I have forwarded the letter to the Chief Judge and Office of the Court Clerk so that they are aware of this situation.
Florida’s New Bicycle Laws
At the end of the 2021 legislative session, Governor DeSantis signed into law an act relating to bicycle and pedestrian safety. The general terms of the new bicycle laws are important for motor-vehicle drivers and bicyclists to understand.
“DON”T WORRY–I HAVE FULL COVERAGE”! MYTH vs. TRUTH
Florida has some of the least protective automobile insurance laws in the nation. To register a car in Florida, you only need to purchaseinsurance that has personal injuryprotection (PIP) benefits and property damage liability. If your policy has these two basic elements of coverage you are deemed to have the requiredcoverage under Florida law. This is not full coverage
Recent Letter to the Editor – Miami Herald
A recent Letter to the Editor concerning Premises Liability contained incorrect information. The letter stated that the law in Florida was unfair since owners of property are liable for injuries caused to trespassers. This is wrong.
Kill PIP Now!
The Florida House has passed HB 719, a bill which repeals provisions relating to Florida Motor-Vehicle No-Fault Law. This is great news! Personal Injury Protection benefits are a required type of motor-vehicle insurance that provides minimal protection and has led to an incredible amount of litigation and confusion. Florida motor-vehicle laws must require mandatory bodily injury insurance for all registered vehicles. Bodily injury insurance pays for the damage to a person that a careless driver causes. Florida is one of the few states in the entire nation that do not require this vital insurance protection. Thankfully, the Florida House has passed a law that repeals this ancient and obsolete PIP coverage in favor of true financial responsibility. Drivers will now be required to carry $25,000 worth of insurance coverage per person and $50,000 per policy in order to register their car in Florida. This is positive and helps all Floridians. Finally!
Pedestrian Accidents in Florida
According to a March 17, 2021 article in The Miami Herald by Linda Robertson, Florida is the most dangerous state in the country for pedestrians. It ranks #1 as the state where a person walking is most likely to be struck and killed by a motor-vehicle according to the “Dangerous by Design” report. This report from the National Non-Profit Smart Growth America and its National Complete Streets Coalition Program has identified Florida as the most dangerous state in the nation for people walking on streets.
Loving vs Virginia
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
A recent Miami Herald article detailed the Florida Legislators efforts to limit business liability in Covid-19 lawsuits. A lawyer involved with the legislative workshop described it as a “solution in search of a problem”. For years, the Republican controlled house and senate in Florida has created crisis after crisis in order to enact laws that shield various sectors from lawsuits. These frivolous laws pretend to exist to prevent the avalanche of lawsuits that are coming. In actuality, these lawmakers are pandering to business groups and other influential organizations to back them.
A dark money mystery in Florida state senate race – CNNPolitics
(CNN) A month before Election Day in Florida a mysterious company called Proclivity, Inc. contributed $550,000 to a pair of newly formed political action committees in the state.
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MIAMI HERALD- OPINION: CONTEMPT OF COURT BY JEFF DAVIS
CONTEMPT OF COURT Like many who read the Oct. 29 article “Broward assistant public defender curses prosecutor on Zoom,” I was shocked. In 34 years of practice in courts throughout Florida, I have never once heard an attorney speak to a fellow member of the bar in such a manner — especially in open court before a judge and other litigants. It is beyond unacceptable and the attorney should be reported to The Florida Bar and sanctioned by the judge….
DAVIS LAW HIRED TO INVESTIGATE DARK MONEY IN FLORIDA POLITICS
The Florida State Senate District 9 Race is shaping up to be the most expensive state race in this election. The Florida State Senate District 9 covers all of Seminole County and part of southwest Volusia County. The race is between Republican Jason Brodur and Democrat Patricia Sigman. A dark money entity known as Floridians for Equality and Justice has been spewing false information in mass mailings. This mysterious entity lists its business address at a Miami UPS location (coincidentally, the same location used by two previous republican campaigns). This dark money group filed with the Division of Elections after it had already mailed out flyers and emails designed to smear Patricia Sigman. In one of the more egregious mailing efforts, this group unlawfully used State Senator Annette Taddeo’s image in a false information mailer. Senator Taddeo has hired Davis Law as local counsel to investigate the origins of this dark money mystery group. Despite having nearly a quarter of a million dollars in […]
DAVIS LAW SETTLES DIMINISHED VALUE CLAIM
DAVIS LAW is proud to announce a resolution of a diminished value automobile claim. The diminished value claim involved a car being worth less money, even after a repair, because it was in a crash. The law firm represented a client that had purchased a pre-owned BMW from a Miami car dealership. The car came with a 14-day return policy. 4-days after buying the car, the client was rear-ended, and the car sustained $16,000 in property damage. There was no injury claim made. The client contacted Davis Law to see whether a claim could be made for loss of value to the vehicle following the repair. The client claimed that he took the vehicle for repair to the dealership where he purchased it. The dealership explained the two-week return warranty was now void because of the crash and, that even though the vehicle was restored to its pre-accident condition, it now was not worth the same as it was pre-crash. The dealership explained that a […]
COVID-19 WORKGROUP RELEASES VIDEO ABOUT THE STEPS BEING TAKEN TO PROTECT THE PUBLIC AT COURTHOUSES
The Supreme Court’s Workgroup on the Continuity of Court Operations and Proceedings During and After COVID-19 has released its first video to help educate the public about the steps courts, clerks, and other stakeholders are taking to promote the health and safety of people visiting courthouses as the justice system returns to more complete operations. The video, a minute-long public service announcement, emphasizes social distancing measures being implemented in courthouses across the state, the extra care being taken to continuously clean and disinfect courthouses, and the need to wear masks when doing business at the courthouses. The video is being distributed to the 20 judicial circuits’ public information officers and clerks offices around the state to be posted on circuit websites and used on social media platforms. The video is a part of a broader communications campaign including social media messaging and graphics. The video also refers those who watch it to a newly created Steps2safeCourt.org webpage with further resources and links to local information […]
Falling Gate Case Resolved
Jeffrey R. Davis, P.A. is proud to announce the law firm has successfully resolved a lawsuit involving a falling gate that injured a young child. The five-year-old boy was playing in the yard of the house his parents rented when he slid a heavy metal gate open causing it to fall off its track. The boy tried to run as the gate fell but unfortunately it happened too quicklyand pinned him against the concrete driveway. He sustained a fracture that resulted in a two-week hospital stay. Fortunately, after several months of immobility, the boy was able to make a full and complete recovery. In this case, the age of the child was a significant factor in assessing responsibility for the incident. In Florida, a child under six years of age cannot be held responsible for negligence. This means that no assessment of fault can be made against the child individually; however, his parents can be held responsible for failing to supervise. This law dates back […]
COVID-19 Insurance Developments
Property/Business Interruption Insurance Litigation in the U.S involving business interruption losses (principally involving whether such losses have arisen in connection with physical loss to property, and whether various exclusions for virus and pandemic apply) is proliferating. Some of the recently-filed cases are noted below. Five cases v. Travelers and CA Governor (CA) – Mark Geragos, his Los Angeles law firm and several other businesses have sued Travelers claiming the insurer is wrongly refusing to cover claims. The five suits accuse Travelers of failing to honor property insurance policies without a virus exclusion, and which should have been triggered when Los Angeles Mayor Eric Garcetti issued an order closing nonessential businesses on March 15. The suits plead that the “currently raging pandemic” has caused real physical loss and damage around the world and that the CA Governor’s “stay-at-home” order has prohibited access to the properties. The plaintiffs do not expressly seek a ruling that the COVID-19 virus existed at any of the subject properties. It is […]
Legal battles loom as businesses hit by virus sue insurers
Pandemic outbreaks are uninsured because they are uninsurable,’ contends insurance industry. A once-bustling bar and grill tucked below a Michigan Avenue overpass famously inspired a “Saturday Night Live” skit starring John Belushi and Bill Murray. But the money the Billy Goat Tavern is losing during the coronavirus outbreak is no joke. The tavern and millions of other shuttered businesses nationwide have turned to their insurers to help recoup their losses following state-mandate closures, which combined may exceed $300 billion a month. But insurers have widely rejected the claims, so the Billy Goat joined a growing line of businesses, including barbershops and casinos, suing insurers to force them to pay. “These businesses are in the most trying times in their history and are going to their insurance company to get what they paid for,” said Chris Esbrook, a lawyer for the landmark tavern, which opened in 1934 and, as legend goes, cursed the Chicago Cubs. Insurers say policies for natural or man-made disasters don’t cover virus […]
Florida Nursing Homes Request Immunity from Coronavirus Lawsuits
Florida’s largest advocacy group for long-term care providers is requesting protection from lawsuits for health care professionals amid the coronavirus (COVID-19) outbreak. The Florida Health Care Association (FHCA) sent a letter to Gov. Ron DeSantis requesting “immunity from any liability, civil or criminal” under certain conditions for nursing homes, hospitals, and other facilities. The group is the most recent in a series of health care associations seeking legal immunity during the coronavirus. Florida has reported 962 cases of COVID-19 throughout the state’s 93 long-term care facilities. A recent USA Today Analysis of federal inspection data found that a majority of nursing homes (75%) in the U.S. have been cited for failing to properly monitor and control infections in the past three years. Nursing homes provide the ‘perfect-storm’ environment for COVID-19, putting residents at higher risk of serious illness with facilities that are not properly equipped to prevent disease and the spread of infection. Georgia recently issued an executive order that provides civil immunity for health […]
Frivolous lawsuits, opening up outdoor spaces at issue for Re-Open Florida task force
Businesses fear opening up their storefronts and getting sued from customers who contract COVID-19. For the second meeting of the state’s industries hit the hardest by a Florida economy reeling from COVID-19 lockdowns, talks shifted more to the outdoors, but businesses still want swift and clear action. Dana Young, CEO of VISIT FLORIDA again led the panel, which on Wednesday focused on outdoor recreation, professional sports, theme parks and retail. The prior meeting, the day before, mainly focused on lodging and accommodations. One shared concern raised by business interests is the fear customers could contract COVID-19 at their business and slap them with a lawsuit. St. Petersburg Republican Sen. Jeff Brandes is writing up legislation for a possible Special Session or the 2021 Session to protect businesses against those lawsuits. “Asymptomatic people working in their faculty could spread the disease and lawsuits could come from that,” he told Florida Politics. AJ de Moya, with The de Moya Group, said businesses have never faced lawsuits for […]
A coronavirus side effect: Lots of lawsuits
Carnival Corp. is facing lawsuits from several passengers who claim they weren’t warned of the high risk of being infected with the novel coronavirus on the company’s cruise ships. Wells Fargo, Bank of America, JPMorgan Chase and US Bancorp have been sued by small businesses that missed out on coronavirus rescue loans because, the small firms contend, the banks first processed big loans that generated big fees rather than on a first-come-first-served basis. Six Flags Magic Mountain is being sued by a theme park fan who objects to the park collecting monthly payments for his membership pass while the park is closed due to the pandemic. Crisis and calamities spark finger pointing and demands for compensation, and the coronavirus outbreak is no different. Like the pandemic, coronavirus-related legal disputes are likely to be widespread and drag on for years. “You are going to see more lawsuits,” said Brian Kabateck, an attorney and chairman of the board at Loyola Law School in Los Angeles. “They are […]
Florida businesses fear lawsuits when allowed to reopen
(The Center Square) – Nonessential Florida businesses want assurances from the state Legislature that if they reopen in accordance with state and federal guidelines, they will not be sued if patrons and workers contract COVID-19. “I’ve got friends that run Dow 30 companies in Florida and they are concerned that opening up their offices will put them at traumatic risk,” said AJ de Moya, vice president and general manager with The de Moya Group, a Miami-based road builder. “I think it’s really important and we protect this.” De Moya’s comments came during Wednesday’s teleconference meeting of the Re-Open Florida Task Force’s 35-member Working Group on Tourism, Construction, Real Estate, Recreation, Retail and Transportation. The potential that some businesses may not reopen out of a fear of lawsuits is something lawmakers already had planned to address in a special session, Sen. Jeff Brandes, R-St. Petersburg, told Florida Politics. “Asymptomatic people working in their facility could spread the disease and lawsuits could come from that,” Brandes said, […]
Jeff Brandes prepares legislation to protect businesses from coronavirus lawsuits
The legislation would not protect gross negligence. Sen. Jeff Brandes is preparing legislation that would protect Florida businesses from being sued if someone contracts the novel coronavirus while working or receiving goods and services on their premises. As Gov. Ron DeSantis takes steps to begin reopening the state as soon as May 1, Brandes said businesses, particularly small businesses, are worried about liability issues. “It really is one of the top concerns of businesses reopening,” Brandes said. “Asymptomatic people working in their faculty could spread the disease and lawsuits could come from that.” “This is a top of mind issue for them and one that will keep Florida from reaching its full potential,” he continued. Brandes said he’s heard from numerous small business owners who are fearful over liability associated with reopening if an employee or customer were to contract the illness even if they were taking reasonable steps to protect them. He worries that fear will lead to businesses not reopening even if the […]
COVID-19 AND MEDICAL MALPRACTICE
Last week Governor Andrew Cuomo of New York issued an executive order which granted immunity from lawsuits to medical healthcare providers for injury or death. The March 23, 2020 order provided, among many things: “to the extent necessary to provide that all physicians, physician assistants, specialists assistant, nurse practitioners, licensed registered professional nurses and licensedpractical nurses shall be immune from civil liability for any injury or death alleged to have been sustained directly as a result or an act or omission by such medical professional in the course of providing medical services in support of the state’s response to the COVID-19 outbreak, unless it is established that such injury or death was caused by the gross negligence of such medical professional”. Certainly, these are unprecedented times that call for unprecedented measures. Florida already has strictregulations that provide for such immunity and protections to healthcare providers and no new laws, executive orders or amendments are required to protect healthcare providers rendering services for COVID-19 related care. […]
COVID-19 Med Mal Suits Uniquely Difficult For Trial Attys
Law360 (April 6, 2020, 8:36 PM EDT) — Pursuing medical malpractice suits connected to COVID-19 or surgeries delayed by the pandemic will be particularly challenging due to uncertainty regarding the applicable standard of care, potential immunity protections and public sentiment overwhelmingly supporting health care providers, attorneys warn. The Centers for Medicare & Medicaid Services issued recommendations March 18 advising health care providers to delay all elective surgeries as well as non-essential medical, surgical and dental procedures until further notice. While the guidelines will undoubtedly result in lawsuits blaming the surgery delays for a patient’s injuries, many attorneys expressed doubt over whether such suits would be successful. Additionally, a number of states, including New York — the epicenter of the outbreak in the U.S. — have relaxed regulations for out-of-state physicians in an effort to get more doctors on the front lines. Meanwhile, the federal government has granted limited immunity for volunteer health care professionals, and Congress has proposed additional legislation that would broaden such protections. […]
I Was Just in A Car Accident! Why Do I Need a Lawyer?
Sitting in traffic – waiting for the light to change when suddenly you are hit from behind. You were wearing your seatbelt. You were paying attention and doing everything right. Your car was hit so hard that it was pushed into the car ahead of you. What do you do? What’s the next step? You were driving northboundon US-1 in Miami. You were going the speed limit when suddenly a driver to your right veers into your lane and crashes into you. You stop and get out of your car. The whole side of your car is wrecked, and the other driver begins to shout over and over again, “I’m sorry, I’m sorry, I’m sorry”. What do you do? Who do you call other than the police? Do you call your insurance company? Do you pull over to the side of the road and move your car out of traffic? You stop at the stop sign on a residential street. You’re making a […]
NOTICE FROM DAVIS LAW RE: COVID-19
Dear Client: I hope that this email finds you all well, safe and staying at home to avoid getting sick. In obeyance of the Federal, State, and Local directives regarding the coronavirus, our law firm is remaining open but all of us are working from home. We want to assure you that your legal matters are still being monitored and pursued and, we are available to discuss any questions or concerns that you have. Jeff Davis’ cell phone is (305) 803-8401. Please feel free to call or email any of us. We are monitoring our office phone and emails on a 24/7 basis to assist our clients and pursue their interests. Please stay safe. Very truly yours, /s/ Jeffrey R. Davis Jeffrey R. Davis JRD/mvs
What is the standard of care?
What is the standard of care? It is a phrase that comes up in every Florida medical malpractice case. Many people find the term confusing or unclear. The purpose of this article is to simplify the phrase “standard of care” and show how it applies in a medical or Professional negligence setting. Florida law sets out the definition of the standard of care within Florida Statute 766.102(1), “The prevailing professional standard of care for a given health care provider shall be that level of care, skill, and treatment which, in light of all relevant surrounding circumstances, is recognized as acceptable and appropriate by reasonably prudent similar health care providers.” Put another way, the standard of care is what a reasonably prudent healthcare provider would do under similar circumstances. In the alternative, it is also what a reasonably prudent healthcare provider would not do under like circumstances when offering diagnosis, treatment or care. The standard of care is something all of us deal with […]
“Free Kill” Law Affects Over Half of Floridians
Florida’s Wrongful Death Act presents doctors and insurance companies liable for wrongdoing with a massive loophole leaving victim’s families without hope for justice The Wrongful Death Act makes Florida the only state in the US where a lawful death grievance for medical negligence can only be filed by the deceased’s spouse or dependents under the age of 25. Statute § 768.21(8) – otherwise known as the “Free Kill” law – denies thousands of loved ones the right to seek restitution in cases where liability is at the hands of caretakers. This also draws unscrupulous practitioners who’ve experienced malpractice suits or have had their licenses stripped elsewhere to come practice in Florida. The “Free Kill” law affects seniors, college students, unmarried couples – over half of Florida’s population – and even visitors from other parts of the country. Critics claim it incentivizes allowing a patient to die as opposed to getting them healthy and risking a lawsuit. This backlash has left several families distraught and petitioning […]
You were injured… but do you have a lawsuit?
You were hurt… but do you have a lawsuit? Most of us experience some kind of injury in our lives – occasionally because of someone else’s negligence. Thankfully, our legal system looks out for you should something of this nature should happen and provides a mechanism to hold the careless party accountable. Civil suits, unlike a criminal case, can give the support necessary when hit with the impact of an accident where there’s liability. But can The Civil Justice System help you? Were you or a loved one injured? Bodily harm, psychological trauma, financial burden, time consumption, inconvenience; if the damage is demonstrable, it’s time to move on to the next step. Make sure you really analyze the ways you’ve been affected and determine how crucial it is to continue – or keep what happened to you from happening again. Was it caused by negligence? If responsibility for your harms and losses can be attributed to the fault of another person or party, you have […]
UBER and LYFT DRIVERS Beware – Your PIP insurance may not cover you in a crash!
In Florida, all drivers are required to carry a minimum of $10,000.00 in Personal Injury Protection insurance benefits (PIP) and $10,000.00 in Property Damage liability. Back in 2017, the law was amended for UBER and LYFT drivers- they have to carry more insurance coverages. Ride share drivers that are logged on but not providing a ride have to carry at-least $50,000 of Bodily Injury Liability per person and up to $100,000.00 per incident. They also have to carry $25,000 of Property Damage insurance. PIP coverage is still required – however, most individual policies specifically exclude PIP when a vehicle is being used for commercial purposes. Many drivers do not disclose to their personal insurance company that they are operating a ride share vehicle. When an UBER or LYFT driver is actually providing a ride to a passenger, the insurance law requires coverage of $1,000,000 for Bodily Injury liability however, PIP and Underinsured Motorist are not addressed under the law except that PIP is mandatory. Again, […]
The Deposition of the Defense Medical Expert
What do you ask the Defendant’s medical examiner? What are good questions to commit the Defendant’s doctor to positions and opinions for use at trial? How can you get ready to take the deposition of an experienced and seasoned medical expert? The answer is simple: preparation, more preparation and then even more preparation. The easy answer is there is never enough preparation to get ready for this type of witness. These doctors often know more about medicine than you could ever imagine. They have testified many times – sometimes, thousands of times in depositions and trial appearances. They know all the tricks, know exactly how to present themselves and how to answer every single question you could possibly ask. What’s a lawyer to do? Beginning the preparation. It does not matter if you represent the Plaintiff or Defendant in an injury case – each side will have their own medical witnesses. Oftentimes their opinions are diametrically opposed. The Plaintiff’s lawyer has one advantage – the […]
Jeffrey R. Davis resolves significant injury suit
ABOTA is the American Board of Trial Advocates who, for years, have dedicated themselves to promoting the right to trial by jury in civil cases. Their mission is to encourage improvement in the ethical and technical standards of practice in the field of legal advocacy . Every member that has been invited to join ABOTA has a reputation for excellence in the practice of law. Jeffrey R. Davis is a member of ABOTA that continuously strives to uphold the principles of ethical conduct, cooperation, and professionalism. Today, Jeffrey R. Davis is proud to announce that he has recently concluded an injury action that was defended by fellow ABOTA member, Dean Nickas. Jeffrey R. Davis Constantine “Dean” Nickas After more than two years of litigation, the injury suit was set for trial five separate times; the parties retained four liability experts, eleven medical experts, and four damage experts. While there were multiple hearings throughout the litigation, all of them were substantive – none of them […]
Rights Of The Victim
Assaults are physical attacks or threats to inflict bodily harm to an individual. Victims of assault may have been pushed, shoved, slapped, punched or kicked. It can leave a victim with numerous injuries such as bruises, black eyes, and broken bones. Even if the victim has no physical injuries, they may suffer from PTSD . Being assaulted can be one of the most life-changing moments: it can make you afraid of your own shadow and it happens daily. In the year 2016, the number of U.S. residents age 12 or older who reported that they had experienced one or more violent criminal victimizations during the prior 6 months increased from 2.7 million in 2015 to 2.9 million in 2016. Things aren’t getting better, they’re getting worse and Jeffrey R Davis Law wants you to know that if you’ve been a victim of assault, you have rights : and you should know what they are. You have a right to dignity, respect, and sensitivity You have […]
The Making of A Great Personal Injury Lawyer
A personal injury lawyer is a lawyer who provides legal services to those who have been damaged, physically , psychologically and financially because of the negligence of another person, company, or any entity. A Personal Injury Lawyer represents victims of all types of accidents such as medical malpractice,dangerous products,negligent security,defective automotive tires,pharmacy errors, car accidents, motorcycle accidents, slip and falls, wrongful deaths, transportation accidents and many more. These lawyers need to specialize in numerous types of cases because personal injury can happen anytime and for many reasons. Personal Injury Lawyers are the ones many victims turn to lean to when they or a loved one has suffered physical or emotional injury due to another’s carelessness.. While injury claims make follow a criminal act,they are made under civil law. Civil Law is a side of the legal system that is concerned with private rights and remedies and governs disputes.. Civil law attorneys handling injury cases must be effective and competent in understanding what their client’s harms, […]
The Dangers of Drinking and Driving
Every day almost 29 people die in the United States because of an impaired drunk driver. That’s one person every 50 minutes. Drinking and driving with a BAC level of 0.08 is illegal for a reason and that is because alcohol, depending on how much you drink, can dramatically impair your motor abilities. You will have some loss of judgment, muscle control, slurred speech, poor coordination, and impaired perception. With a BAC 0.02 in your system, you will already start feeling impairment. You will have a lack of judgment, increased relaxation, slightly increased body temperature, mood swings, decreased visual functionality, and inability to multitask. The legal limit for drunk driving is at 0.08 but that does not mean that it’s safe to drive even below that…
Why Voters Should Make Informed Choices On The Candidates They Choose
Voting is important but educating yourself about who you’re voting for is even more so. There are plenty of people who vote that don’t know why they’re voting for a particular candidate. Some people choose to listen to their family, pick a candidate that is in the same political party like them, or watch the advertisements on tv that discredit certain candidates or build them up. Informing yourself about the candidates on the ballet is the only way to truly make the best decision that aligns with the change you want to see in the world. This year, the Federal Midterm and State elections are going to take place on November 6th; it is one of the most important voting days for Floridians who will elect a new Federal Senator and State Governor!. Most people think that the presidential election is really all that matters – it’s not. It’s at the state level that you feel the effect of what your Governor and State officials […]
In 2016, 37,000 Lives Were Lost On U.S Roads!
The U.S Department of Transportation’s National Highway Traffic Administration (USDOT) released fatal traffic crash date for the year of 2016. According to NHTSA, the data collected was from all 50 states and the District of Columbia. In the year of 2016, approximately 37,000 lives were lost because of road accidents. This data showed that traffic-related fatalities had increased 5.6 percent from the year previously. Motorcyclists and pedestrians accounted for more than a third of these deaths. NHTSA found that distracted driving and drowsy driving fatalities declined, while deaths related to reckless driving increased. What is reckless driving? Reckless driving is when you are operating a motor vehicle with indifference to the safety or property of others. This can mean fleeing from a police officer, being intoxicated or under the influence of drugs or alcohol while behind the wheel, aggressively driving or speeding at very high levels. Reckless driving is a major moving traffic violation in the United States and is often punishable by fines, imprisonment, or […]
FULL COVERAGE = FAKE NEWS!
You just bought a new car. The salesman at the dealership tells you to call your insurance company and get “full coverage”. You are sitting at a red light and some driver behind you, not paying attention, rear-ends your car. The person jumps out and says, “don’t worry – I have full coverage!” What does “full coverage” mean? It means different things to different people. Technically, the law in the state of Florida requires basic, minimal coverage that could be called “full coverage” since it is all that is required by Florida law. Florida is not a mandatory bodily injury liability state. Before we can talk about “full coverage” let’s first define the various kinds of insurance coverages that are available: Property Damage or “PD” coverage. This type of insurance pays for damage you cause to another’s person’s car. Usually, it is a maximum of $10,000. If a person causes a crash which results in the other vehicle being a total loss or sustaining more […]
ABOTA Miami And The Lawyers That Get Chosen
ABOTA is the American Board of Trial Advocates. Since 1958 this national association of experienced trial lawyers and judges have dedicated themselves to preserving and promoting the right to civil jury trials that is set forth in the 7th Amendment of the United States Constitution. This organization was created at a time when many people were feeling dissatisfied with their court system.Courts were clogged-cases were taking too long. The Governor of California at the time was proposing a commission to hear various types of civil cases-instead of the court system. ABOTA was created to combat that and fight for a better civil justice system.ABOTA was developed with two main goals;the protection of the right to trial by jury in civil actions and the promotion of professionalism in the civil justice system. ABOTA seeks to provide young attorneys with tools to better themselves professionally and educate citizens about the importance of the right to trial by jury. Abota Miami strives to be like its parent organization, […]
Why is Voting So Important?
Voting is an important part of being a loyal citizen, yet many people don’t partake in this tradition and right. Many people think that their vote doesn’t make a difference, or they just don’t want to partake in the bureaucracy. Some aren’t educated in the state officials and they don’t want to make a wrong decision. What many of them fail to realize is that voting can alter the world we live in today. Trump is a perfect example, the ones who elected him got the world they wanted. Good or bad, that opinion doesn’t hold any value at this moment, but the way he got elected does. Hundreds of people went to the voting stands and casted their votes but just as many stayed home and were furious over the results. This is where the problem lies. Like Lyndon Johnson said, “The vote is the most powerful instrument ever devised by man for breaking down injustice and destroying the terrible walls which imprison men […]
What is a Personal Injury Lawyer and When Do You Need One?
A personal injury lawyer has many names and wears many hats. We are called Plaintiff’s lawyers, negligence lawyers, product liability attorneys, tort lawyers, medical malpractice lawyers, injury lawyers, claimant’s lawyers and accident lawyers. Lawyers that represent victims of accidents or incidents where bodily injury is sustained range from cases involving car crashes, slip and falls, product failures , medical malpractice and negligent security cases. There are lawyers that represent victims of injuries caused by cigarette smoking. There are lawyers that specialize in cases involving defective automotive tires. There are lawyers that specialize in aviation disasters. Some lawyers have found a niche in pharmaceutical cases where drugs or medicines have caused harm. Still other lawyers specialize in cases involving injury and harm caused by criminal acts. Some lawyers do maritime cases involving cruise ships and vessels. The list goes on and on. What all of these lawyers have in common is that they represent individuals, not companies and the representation take place after the individual has […]
The Importance of a Second Opinion
Before choosing a personal injury attorney in Miami, it is always important to get a second opinion. It is crucial to do your due diligence before you select the lawyer that will be working for you or your family on such an important matter. Here are a few valid reasons why you should seek a second opinion before hiring an attorney. – The personal injury attorney you choose will be someone that will be involved with your case for a long time – sometimes years. You need to be able to trust and communicate with your lawyer. Are they accessible? Do they promptly answer or return your calls,emails or texts? – Is your lawyer familiar with the type of case that you have? Are you hiring a general lawyer who handles all types of cases or one that specializes in your particular type of case? – Has your lawyer handled your particular type of case before? Has your lawyer had a similar case that she/he […]
In the Eye of a Turf War
Jeffrey R. Davis, P.A. recently concluded a medical malpractice action against an Optometrist. The case involved the failure of the Optometrist to properly and timely recognize that our client’s condition was not responding to the medicines being prescribed.
The Optometrist thought the patient had a bacterial infection (Bacterial Keratitis). The patient actually had a fungal infection of the cornea (Fungal Keratitis). The treatment for these conditions involves completely different medicine (antifungal v. antibiotics). The delay in discovery caused the patient to suffer unnecessarily and sustain significant scarring of the cornea and decreased vision.
In handling this case, the law firm learned a good deal about “eye doctors”. The term “eye doctor” is too general to be accurate. An optician is a technical practitioner who designs, fits and dispenses corrective lenses for the correction of a person’s vision. An Optometrist provides primary vision care, they are Doctor of Optometry (O.D.) but are not medical doctors (M.D.) Optometrists attend four years of optometry school after completing college. A licensed Optometrist performs eye exams, vision tests and prescribes and dispenses corrective lenses. They detect certain eye abnormalities and prescribe medication for certain eye diseases.
Decreasing the Chances of an Accident at Night
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.