Florida Personal Injury Attorneys Blog

Fort Lauderdale, FL - Many Florida personal injury lawyers shy away from liquor liability claims and pursue only the underlying accident or injury case. If a drunk driver hits or kills someone, many injury attorneys will only pursue claims against the drunk driver or any possible uninsured or underinsured motorist coverage. Inquiry into the accident should not stop there.

Liability in Florida for serving alcohol to minors or alcoholics
Florida has a Dram Shop Act which may impose liability on bars, restaurants and homeowners if certain provisions are met.

Florida Statute section 768.125 states that a person who sells or furnishes alcoholic beverages to a person of lawful drinking age shall not thereby become liable for injury or damage caused by or resulting from the intoxication of such person, except that a person who willfully and unlawfully sells or furnishes alcoholic beverages to a person who is not of lawful drinking age or who knowingly serves a person habitually addicted to the use of any or all alcoholic beverages may become liable for injury or damage caused by or resulting from the intoxication of such minor or person.

Continue reading "Florida's Dram Shop Act and Liability for Serving Minors and Alcoholics" »

What should I do if my attorney closes my accident or injury case?
We often get calls or email submissions from accident victims and families of wrongful death victims who were dropped by their prior attorney, and who believe they were hurt by someone else's negligence. They want us to take their case.

Lawyers drop cases for a variety of reasons, so don't be discouraged if your lawyer drops your case. Reasons include:

• Lawyer is too busy to effectively handle all cases


• Lawyer is not experienced enough to recognize the value in your case


• Lawyer got in trouble with the State Bar and must withdraw from all cases


• Lawyer took a job with another law firm and can't take your case any longer


• Law firm split up and you are left to find another lawyer


• Case was denied and lawyer won't file a lawsuit


• Conflict of interest prevents the lawyer from continuing with your representation


• You and your lawyer don't get along anymore and the attorney withdraws because of irreconcilable differences

The list is not absolute, but suffice it to say that I've handled many cases where other lawyers couldn't resolve the case. Just because one lawyer says he or she can't help you didn't mean you have no case. It may simply mean that one lawyer out of tens of thousands can't help you.

Continue reading "My Attorney Withdrew From My Accident Case...What Now?" »

Molestation Victims May Pursue Civil Claims
As the smoke starts to clear on the Penn State-Sandusky molestation claims, Syracuse University molestation accusations, and other recent child molestation claims, one major victory for me as a crime victim's rights advocate is that the public is seemingly more aware that victims have rights to pursue civil claims as crime victims.

Florida has a comprehensive crime victim's rights law. The law ranges from the rights in criminal proceedings, to victim's compensation, to Florida's Constitution, to civil claims for crime victims.

What types of compensation can a crime victim recover in Florida?

Continue reading "Civil Claims Publicized for Molestation Victims" »

When someone is sexually assaulted in Florida, there are three main areas of relief for the victim: Restitution through the criminal case; Florida's Crime Victim Compensation Fund; and a Crime Victim Civil Claim.

The criminal case focuses on the criminal and punishing the person for committing a crime against the state of Florida. The Compensation Fund focuses on provided some financial assistance to the victim to help pay for counseling expenses and other costs. The civil claim focuses on the crime itself.

In a civil claim for a sexual assault victim, we focus on the crime to see whether it could have been prevented or if it was foreseeable. If for example a woman uses an ATM and is robbed or raped while on the bank's property, the bank may be held liable under Florida law if they could have prevented the attack. Bank ATM rapes in Florida may be preventable if the bank fails to follow certain statutory guidelines.

Continue reading "Florida Sexual Assault Victims May Be Entitled to Money Damages" »

According to the latest statistics published by the FBI, Florida, Maryland and Texas have some of the country's highest violent crime rates. As a Victim's Rights Attorney in Florida, we have also seen an increase in civil claims brought by crime victims in our office.

One statistic stands out: There were an estimated 14,180 Americans murdered in the United States in 2008. When someone is killed, there is a tremendous financial and emotional impact on society and on the families of those killed.

The Financial Impact
Imagine the heartache of a family whose breadwinner is shot and killed on his or her way home from work. Who will pay for the funeral? Who will pay the mortgage? Who will pay for the children to go to college?

Continue reading "Florida Crime Victim Rate One of Highest in Country" »