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November 23, 2017
When a defendant is found liable, a judge or jury then determines the amount of damages owed to the plaintiff.  In a civil action for personal injury, damages are normally limited to pain and suffering, and economic loss.  However, depending on the severity of the def
November 23, 2017
Historically, when a victim of negligence or misconduct died, their lawsuit died with them.  However, the law has developed, and in modern times the surviving family members or personal representative may bring suit against the tortfeasor under the appropriate jurisdic
November 20, 2017
You might be familiar with the term immunity.  It is most often depicted on television in police procedural shows.  Typically, the police haul in a suspect and offer him immunity from prosecution in exchange for his testimony against other criminals.  In other words,
November 15, 2017
Previously, I discussed intentional and negligent misrepresentation, a cause of action under Florida Law.  In this article, we revisit the issue with an interesting case from the District Court of Appeal of the State of Florida, Fourth District.  Decided during the Ju
November 10, 2017
Deceitful or fraudulent representations are actionable under Florida law, and plaintiffs that rely on false statements to their detriment have every right to pursue damages against those that misrepresent a material fact.  In some cases, lying parties may be prosecuted
November 9, 2017
The success of your personal injury claim may depend on whether the defendant asserts a viable defense.  There are a number of legal theories and defense strategies that may prove fatal to your claim.  Even though the defendant is the proximate cause of your injuries,
November 7, 2017
When two or more defendants act to cause an indivisible injury to a plaintiff, each defendant is jointly and severally liable for that injury.  Meaning, each defendant is liable to the plaintiff for the entirety of damages.  In jurisdictions that apply joint and sever
November 3, 2017
When a plaintiff undertakes a dangerous task or activity, the law will generally not allow recovery for any damages if the plaintiff assumed the risk.  This basic principle is referred to as Assumption of Risk, and its parameters have been narrowly defined under Florid
November 1, 2017
If you have suffered an injury caused by a drunk driver, or someone under the influence of alcohol, you may be able to bring suit against the person or establishment that served them.  Intoxication slows response times and can lead to poor decision making resulting in
October 30, 2017
An insurance investigation can compound the stress and anxiety of an accident.  To evaluate your claim, insurance companies may deploy investigators.  These investigators are hired to determine whether your claim is valid.  They do this in a number of ways, including
October 27, 2017
In Florida, there are on average over 600 boating accidents per year.  Last year, there were 714 reportable boating accidents and 421 injuries.  Sadly, some of these boating accidents are fatal with on average over 50 fatalities per year and 67 in 2016 alone.  Florid
October 23, 2017
Ford Motor Company released the Pinto in the early 1970s.  Now infamous, the Pinto’s gas tank was positioned in the rear of the vehicle, between the rear axle and rear bumper.  Rear-end collisions with the Ford Pinto led to fires, severe injury, and sometimes death.
October 18, 2017
In Florida, the amount of recovery in a personal injury lawsuit is determined by whether you contributed to your own accident.  Some states use comparative negligence, and Florida had adopted the comparative negligence rule.  Comparative negligence allows a judge or j
October 16, 2017
Document everything.  Those two words should be your guide as you deal with the aftermath of an accident.  Winning your personal injury case or settling an insurance claim will more often than not depend on whether there is sufficient proof.  Bryan W. Crews has been
October 9, 2017
Negligence is the failure to act in a reasonable or prudent manner.  Whether you know it or not, each of us is charged with a duty to act with care, a reasonable degree of caution.  The law punishes careless actors, those that do not account for the safety and securit
October 6, 2017
Every day, people get injured due to all sorts of reasons in all sorts of places: you may fall because of a bad or uneven, or get injured because of an improperly placed object in a store or residential building, or you may be involved in a car accident and hurt yoursel
October 6, 2017
In 1928, Benjamin Cardozo penned the majority opinion in one of the leading cases of American tort law.  Palsgraf v. Long Island Railroad Co. is best known for its articulation of the foreseeability doctrine, and an entertaining read. In Palsgraf, the plaintiff, Helen
October 5, 2017
Being involved in an accident or slip and fall is traumatic; if your children are involved, even more so. It can be pretty devastating. Injuries to young children pose unique challenges to them and the family; with the help of an experienced accident attorney in Orlando
October 3, 2017
Doctors and medical professionals perform an invaluable service, improving and saving countless lives.  Their services, and advancements in medical technology have led to increased lifespan and quality of life for many Americans.  Despite their accomplishments and hon
September 24, 2017
Waiting to contact an attorney can be costly for some personal injury victims.  As times goes by, evidence may be lost, memories fade, investigators may take statements, and insurance companies may pressure you to settle.  Waiting may even cost you your case.  Contac
September 24, 2017
Those injured as a result of negligence often do not realize what they are entitled to financially, and should speak with Bryan W. Crews, your Orlando, Florida, personal injury lawyer. In 1992, Stella Liebeck, an elderly woman from New Mexico was severely burned, receiv
September 20, 2017
By nature, construction sites are dangerous places. One is required to wear the appropriate safety gear when working or visiting such places – hard hats, harness, safety shoes, gloves, bright, visible safety vest and earmuffs. Unfortunately, this does not guarantee th
September 18, 2017
In most states, owners of the property are obliged to maintain their premises and ensure they are safe. They are legally mandated to eliminate hazards on their property and to carry out regular repairs to ensure this; if there are any hazards, they are required to give
September 16, 2017
If you’ve had an accident, you’re going to face a lot of bills in terms of medical care and repairs to your vehicle, suffer loss of wages and so on. Obviously, if the accident happened due to the negligence of another person, you would want them to compensate you fo
September 14, 2017
If you’ve been involved in an accident that resulted in major damage to your vehicle or physical injury to yourself, it’s important to engage the services of an experienced accident attorney in Orlando. Once you have found someone to represent you, you need to ask t
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