Of the 394,000+ crashes reported in Palm Beach County last year, 10,300 were pedestrian accidents and 8,400 were bicycle accidents, according to the FLHSMV. Of the 3,400 people who died in Palm Beach traffic crashes in 2023, bicyclists comprised 227 of them, while pedestrians accounted for 790. Bicyclists and pedestrians are far more likely than other road users to be seriously hurt or killed when they’re in a crash (compared to other motorists). It’s also exponentially more likely that the drivers involved in pedestrian and bicycle accidents will leave the scene in a hit-and-run.

Investigators conclude a myriad of causal factors in these cases, including distracted driving, speeding, failure to yield or impaired driving. But almost always, it comes down to driver error. And even if the bicyclist or pedestrian was partially at-fault, they can still pursue compensation, so long as their percentage of comparative fault doesn’t exceed 50%. (Even if a bicyclist or pedestrian is half responsible for the accident, they can still collect damages on the other 50% from the at-fault driver – which can be a substantial sum considering how many result in serious consequences like traumatic brain injury, spinal cord injury, broken bones and internal organ damage.)

Avenues of Compensation in Florida Bicycle Accidents and Pedestrian Accidents

Injured bicyclists and/or pedestrians have a few potential avenues they can pursue for compensation.

The first is PIP, or personal injury protection coverage. As outlined in F.S. 627.736, is no-fault protection that provides up to $10,000 in coverage (80% of medical bills and 60% of lost wages up to that $10,000), regardless of who was to blame. The nice thing about PIP is you don’t have to prove negligence. You may be able to collect PIP from the driver’s policy or your own. Even though you weren’t in a car at the time of the incident, your own PIP car insurance will likely still consider the incident a coverable offense if you were struck by a motor vehicle.

Unfortunately for many bicyclists and pedestrians, PIP doesn’t begin to scratch the surface if their injuries are severe. So from that point, if their injuries meet or exceed the serious injury threshold, as outlined in F.S. 627.737, they can pursue damages against the at-fault driver. They will have to prove negligence. This requires showing that the driver owed a duty of care, that duty was breached, the breach caused your injuries and your injuries resulted in financial damages. Some of these cases are fairly straightforward, especially if there are witnesses or if there’s surveillance or other video footage of the incident.

It is possible that the defendant may argue comparative negligence. Florida’s comparative negligence law did just become more stringent as of late, when the state moved from a model of pure comparative fault to one of modified comparative fault with a 51% bar. However, that doesn’t mean the claim isn’t worth filing. It just means that you’d be smart to work with an experienced injury attorney in doing so because your payout gets reduced according to your share of the blame.

If the driver does not have insurance OR if the driver fled the scene and was never caught, that doesn’t necessarily mean you’re out of luck. Your next move will be to file a claim through your own UM/UIM coverage. This assumes you have it. Neither pedestrians nor bicyclists are required to carry any insurance at all. But if you are also a driver, chances are you have UM/UIM coverage because it comes standard with most auto insurance policies (though you can opt out if you do so in writing). UM/UIM coverage will provide additional coverage to you, the insured, if you are hurt by someone who doesn’t have enough insurance to cover your injuries, doesn’t have any insurance, or has not been located because it was a hit-and-run. You still need to show that person was at-fault. But if you can successfully do so and establish causation and your damages, you can prevail in a claim for UM/UIM coverage.

If you have been injured in a bicycle accident or pedestrian accident in Palm Beach, contact our team of Palm Beach injury lawyers as soon as possible. Not only is it important for evidence preservation and independent investigation, but the statute of limitations on Florida injury claims also recently shrunk from four years to two years. The sooner you act, the better.

Contact the South Florida personal injury attorneys at Halberg & Fogg PLLC by calling toll-free at 1-877-425-2374. Serving West Palm Beach, Miami, Tampa, Orlando and Fort Myers/ Naples. There is no fee unless you win.

Additional Resources:

Florida Crash Dashboard, FLHSMV

More Blog Entries:

Understanding Rear-End Crashes From West Palm Beach Injury Lawyer Perspective, July 14, 2024, Palm Beach Injury Lawyer Blog

As longtime Palm Beach medical malpractice attorneys, this case represents an egregious disregard both for patient well-being and professional standards set forth for medical doctors.

According to The Palm Beach Post, the former OB-GYN did not attend the trial, nor did he hire an attorney to represent him in the matter. In previous statements, the ex-doctor stated that the child’s condition was the result of a congenital deformity, rather than a failed circumcision. A midwife testifying on behalf of the family told the court the child, now age 3, had no such deformity at birth.

Whether the family will ever actually receive any of that money remains to be seen. The former doctor has not yet paid a settlement owed to the surviving spouse of another patient who died after giving birth to the couple’s second child. The doctor delivered the child, left the hospital to change his scrubs, and only returned in time to watch his patient die, according to court records.

The doctor was also the subject of a 2017 expose by the local newspaper into the deaths of six patients in procedures gone wrong over his career of three decades. These incidents prompted the state’s medical board to vote to restrict the OB-GYN’s license – a fact he did not tell the aforementioned patient before he was involved in the delivery.

Later, the board of medicine voted to revoke his medical license. However, that revocation did not go into effect until two weeks after the ruling, meaning he was technically free to practice medicine in the interim – though he didn’t tell any of this to the family of the infant he agreed to circumcise. Not knowing about his history, they agreed to pay $250 in cash to have the circumcision performed at his office in West Palm Beach. Despite the fact that the boy’s urethra was severed, he insisted to the family that the bleeding was normal. It was not. He attempted to stich it up, used caustic materials to stop the bleeding and sent them home with gauze and Tylenol. Three days later, they rushed their baby to the emergency room. The pediatric urologist who treated the boy was reportedly visibly stunned at the boy’s condition. Half of the top of the boy’s penis is gone. In addition to medical complications, the boy’s parents say they are devastated about what this will mean for his hopes at a happy life.

It wasn’t even the first time he’d botched a circumcision. He did so previously in 2017 to another child, effectively amputating his member. That case resulted in a confidential settlement.

The fact delay between the board’s vote and the actual revocation of the doctor’s license raises significant concerns that our West Palm Beach medical malpractice attorneys hope will catch the attention of Florida’s legislators and/or the state medical board.

In cases like this, it may be beneficial for medical malpractice lawyers to explore liability of third parties, such as the facility/hospital, other medical professionals who failed to intervene or respond more quickly, possibly those in supervisory roles, etc.

It’s also worth noting that patients and families can check on the medical licenses of physicians and view disciplinary and administrative actions via the Florida Department of Health. This isn’t always a failsafe method, but it may help to flag providers like these with an extensive history of misconduct.

Florida car accidents are unfortunately an everyday occurrence. Nearly 400,000 were reported statewide last year, more than 26,000 of those in Palm Beach County, according to the Florida Department of Highway Safety and Motor Vehicles. In Florida, more than half of all fatal vehicle crashes involve a single vehicle. As most crashes are caused by driver error, passenger claims against drivers are fairly common.

If a passenger is injured due to the negligence of the person driving, they can file a claim for financial compensation to help with hospital bills, lost wages, etc. However, as West Palm Beach car accident lawyers, we’re aware that sometimes passenger plaintiffs are hesitant to do so if the driver is someone close to them – relative, friend, colleague, etc.

If this is how you’re feeling, here are a few things to consider:

• It isn’t personal. Truly. Even if your friend’s name is on the claim or complaint. Ultimately, it’s the insurance company (or companies) that will pay. That’s why we have insurance. You know your friend would never hurt you on purpose, but that doesn’t change the fact that they did. It was an accident. They didn’t mean for it to happen. But that doesn’t mean that the passenger should have to shoulder both the physical and financial fallout just because the harm wasn’t intentional. Your filing doesn’t mean the end of a friendship. It just means that you’re asking the insurance company to do what they’ve been contracted to do and pony up for losses caused by their insured.
• You only sue if your injuries are serious. Florida is a no-fault state when it comes to car accidents. That means the driver has to carry personal injury protection (PIP) coverage that provides up to $10,000 in compensation for certain crash-related losses for themselves as well as their passengers. Passengers may also have their own PIP policy that will extend coverage, even if they weren’t driving. You don’t even need to prove fault to file for PIP coverage. The only time you can step outside of that no-fault system and file a lawsuit against someone for crash-related injuries if the driver was negligent AND the injuries in question meet or exceed the serious injury threshold spelled out in F.S. 627.736. Even then, demands for compensation are typically still filed as insurance claims rather than lawsuits. It’s only when the insurer fails to provide the fair coverage they should that we start exploring litigation.
• Your friendship can survive this. You know your friend feels awful about what happened. They can’t take it back. You’re not trying to make them feel worse. But their bad feelings aren’t going to cover your medical bills. A true friend is not going to want you to struggle financially for a mistake they made, especially when there’s an opportunity for you to be fairly compensated by their insurance company. They may have to pay a bit higher on insurance premiums for a while, but that’s a fairer outcome than imposing the injury AND expenses on you. Resolution of your claim may help to resolve any lingering tension between the two of you – because it’s no longer hanging over you.

If you were in a crash and are concerned that you might need to take legal action against a loved one, it’s important to reach out to a car accident attorney as soon as possible. While you can maintain your friendship, you may need to avoid discussing the crash specifically until everything is settled. A lawyer can help you navigate these thorny issues so that you can both recover and move on to the next chapter.

Contact the South Florida personal injury attorneys at Halberg & Fogg PLLC by calling toll-free at 1-877-425-2374. Serving West Palm Beach, Miami, Tampa, Orlando and Fort Myers/ Naples. There is no fee unless you win.

Additional Resources:

Traffic Crash Dashboard, FLHSMV

More Blog Entries:

Understanding Rear-End Crashes From West Palm Beach Injury Lawyer Perspective, July 14, 2024, West Palm Beach Car Accident Lawyer

According to FBI data, there were nearly 100 cases of in-flight sexual assaults in the U.S. reported last year. Given that sexual assault is a greatly underreported crime, it’s likely the actual number of incidents is much higher.

Airlines have legal, ethical and industry standard obligations to prioritize the safety of their passengers. U.S. law imposes a heightened duty of care for airlines on domestic flights that can make them liable for foreseeable criminal acts, including sexual misconduct or sexual assault.

Sexual assault can be a reasonably foreseeable threat in situations involving tight quarters, alcohol service and especially when there are unaccompanied minors and/or minors seated away from family members with whom they’re traveling (an all-too-common issue that the U.S. Department of Transportation is attempting to address with a proposed regulation to require fee-free family seating for kids 13 and under).

We’ll be the first to concede that flight crews don’t always have it easy. But doesn’t mean they get a free pass if they fail to exercise reasonable care and a passenger is sexually assaulted as a result.

Some reported cases of in-flight sexual assault on airplane in recent years:

• A New Jersey woman was allegedly sexually assaulted by a passenger seated next to her during a nighttime flight from Charlotte, NC to Newark, NJ. The male passenger seated next to her reportedly had his hands down her pants, forced her hand onto his genitals, climbed on top of her and began to assault her before she was able to push him off. Flight attendants were alerted and the alleged perpetrator acted as if nothing was wrong. The victim was moved to a different seat. She is now suing American Airlines for failure to properly monitor the cabin, prevent the assault and intervene in a timely manner when it happened.
• A teen alleges he was sexually assaulted by a 50-year-old passenger seated next to him on an overnight Southwest Airlines flight from San Diego to Las Vegas in 2022. The boy, who was 16 at the time, was seated at the back of his plane, separate from his family, during a flight to a wedding. The assault reportedly occurred when the lights had dimmed and the victim had fallen asleep. The boy was too scared to report anything until after he got off the plane and was reunited with his family, at which time he broke down in tears.
• The family of a 13-year-old girl with selective mutism is suing Delta after an alleged sexual assault by a 53-year-old passenger seated next to her on a red-eye flight from Las Angeles to Orlando. The girl was sat separate from her mother and older brother, in the middle seat between an unknown woman and the accused. The man was reportedly visibly intoxicated, yet the crew on the flight continued to serve him alcohol, according to the lawsuit. The assault occurred over a period of time while the lights were dimmed. Due to her condition, she was unable to call for help. The woman seated on the other side of her noticed what was happening, immediately switched seats with the girl and alerted the flight attendants. The man reportedly attempted to grope that passenger as well. The girl’s family alleges the airline failed to prevent the attack, contributed to the risk by continuing to serve him alcohol and failed to respond immediately and appropriately when alerted.
• A federal district court ruled in favor of a passenger who sued American Airlines for negligence after she was raped in an airplane bathroom by another passenger while from from Colorado to Arizona. The adult male perpetrator was reportedly visibly drunk when he boarded, yet continued to consume alcohol served by flight attendants prior to the assault.

As noted in a 2020 article published in the Journal of Air Law and Commerce, airlines actually don’t have a legal duty to report in-flight sexual assaults to law enforcement. This needs to change. But in the meantime, it doesn’t mean airlines have no duty of care to passengers in sexual assault cases. Also, passengers absolutely can and should report such incidents – ideally as soon as possible.

But even if no criminal charges are filed, victims may still have remedies through the civil court system. If you have been assaulted in-flight on a plane to or from South Florida, contact our experienced West Palm Beach sexual abuse lawyers to review your legal options.

Contact the South Florida personal injury attorneys at Halberg & Fogg PLLC by calling toll-free at 1-877-425-2374. Serving West Palm Beach, Miami, Tampa, Orlando and Fort Myers/ Naples. There is no fee unless you win.

Additional Resources:

Accountability For Sexual Assault Aboard Airplanes: An Analysis of the Need For Reporting Requirements at 35,000 Feet, 2020, By Madison L. George, Journal of Air Law and Commerce

More Blog Entries:

How Much is a Florida Sexual Abuse Lawsuit Worth? July 6, 2024, West Palm Beach Sexual Abuse Lawyer Blog

As West Palm Beach medical malpractice attorneys, we’ve seen solid cases go sideways because evidence wasn’t properly preserved or potential plaintiffs made a few missteps early on.

So for anyone who thinks they might have grounds for filing a South Florida medical malpractice case, it’s a good idea to:

• Seek Immediate Medical Attention. Ensure your health and safety by seeking prompt medical care from another healthcare provider. This is crucial for your well-being and to document any additional injuries or conditions caused by the suspected malpractice.
• Document Everything. Keep detailed records of all medical treatments, including dates, times, names of healthcare providers, and the nature of treatments or procedures received. Take notes on any conversations you have with healthcare providers and staff.
• Obtain Your Medical Records. Request copies of your medical records from the healthcare providers involved in your care. These records are essential for reviewing the details of your treatment and identifying potential errors or negligence.
• Consult with a West Palm Beach Medical Malpractice Attorney. Contact an experienced medical malpractice attorney in South Florida to discuss your case. They can provide legal advice, evaluate the merits and  potential value of your claim, and guide you through the legal process.
• Avoid Discussing Your Case. Refrain from discussing the details of your case with anyone other than your medical malpractice attorney. This includes posting about your situation on social media. Any statements you make can potentially be used against you.
• Keep a Journal. Maintain a personal journal documenting your physical and emotional condition, any pain or suffering experienced, and how the suspected malpractice has affected your daily life. This can serve as evidence in your case.
• Follow Your New Doctor’s Orders. Adhere to the treatment plan provided by your new healthcare provider. This demonstrates that you are taking appropriate steps to mitigate your injuries and can strengthen your case. Failure to do so could have an adverse impact on your ultimate damage award, no matter how egregious the defendant’s breach of duty.
• Gather Evidence. Collect any additional evidence that may support your claim, such as photographs of injuries, witness statements, or any correspondence with the healthcare provider involved.
• Be Aware of the Statute of Limitations. In Florida, the statute of limitations for medical malpractice claims is generally two years from the date the malpractice was discovered or should have been discovered, but no more than four years from the date of the incident. There are exceptions, but they’re limited. You also want to give yourself as much lead time as possible, so don’t wait until the last second, if possible. Consult with your South Florida medical malpractice attorney to ensure you file your claim within the appropriate time frame.
• File a Complaint with the Florida Board of Medicine. Consider filing a formal complaint with the Florida Board of Medicine. While this is separate from a legal claim, it can lead to an investigation into the healthcare provider’s conduct.
• Prepare for Legal Action. If your West Palm Beach medical malpractice attorney determines that you have a valid claim, they will help you prepare and file a lawsuit. This includes gathering all necessary documentation, expert witness testimonies, and building a strong case to present in court.

If you have questions, contact our dedicated West Palm Beach medical malpractice lawyers. We offer free initial consultations, and there’s no fee unless or until we win.

Contact the South Florida personal injury attorneys at Halberg & Fogg PLLC by calling toll-free at 1-877-425-2374. Serving West Palm Beach, Miami, Tampa, Orlando and Fort Myers/ Naples. There is no fee unless you win.

Additional Resources:

Florida Medical Malpractice Statute Of Limitations, March 21, 2023, Forbes.com

More Blog Entries:

Palm Beach Injury Lawyer Talks the Toughest Part of Proving Medical Malpractice, June 20, 2024, West Palm Beach Medical Malpractice Lawyer Blog

Because we understand the profound impact these ordeals can have on both patients and their loved ones, we can help them navigate the challenges of pursuing compensation through civil litigation. There are even some types of monetary damages in medical malpractice injury cases reserved specifically for family members.

In the case of medical malpractice-related deaths, certain family members may be entitled to collect wrongful death damages.

Impact of Medical Malpractice on Patient Families

Medical malpractice in South Florida can have far-reaching consequences, profoundly affecting the emotional, financial and physical well-being of patients AND their families.

Among those impacts:

• Emotional distress. Families often experience intense emotional distress in the form of anxiety, depression and grief, particularly if it results in permanent injury or death.
• Relationship strain. The stress and pressure of dealing with a loved one’s injuries can strain marital and family relationships, sometimes leading to conflict or even separation.
• Loss of life enjoyment. Family members of patients harmed by medical malpractice may suffer loss of companionship, affection and enjoyment of life due to the altered condition of the patient.
• Financial impacts. People don’t live in a financial bubble. If a patient is harmed no longer able to work or contribute financially to their household– the whole family is going to feel that, to varying degrees. Same goes for astronomical medical expenses, ongoing trips for medical appointments, and modification of their home due to home care needs.
• Caregiving responsibilities. Family members often take on caregiving roles, which can be physically demanding and exhausting, particularly if their loved one requires constant attention and assistance.
• Disruption of daily routines. The whole family rhythm gets upended when a family member suffers a medical malpractice injury.

Compensation for Families of Medical Malpractice Injuries

If your loved one has been injured, sickened or killed as a result of medical malpractice, civil litigation can provide some much-needed financial relief.

In medical malpractice injury cases, it’s the plaintiff who receives compensatory damages for things like medical expenses and lost wages. (Sometimes these are paid to survivors in wrongful death cases.) But beyond that, there are other ways family members may be compensated in medical malpractice cases.

One of those is compensation for caregivers. Caregiving is recognized as a financial sacrifice, particularly if they have to quit work or give up opportunities in order to take care of caregiving responsibilities. Loved ones who are caregivers may be entitled to some measure of compensation as part of the medical malpractice case. A West Palm Beach medical malpractice attorney can help you make this case by justifying and quantifying the value of these services, which should be covered by those whose negligence caused the harm in the first place.

Another form of compensation specifically set aside for family members is loss of consortium. It refers to the deprivation of the benefits of a family relationship due to the negligence of the tortfeasor/defendant. Most often, loss of consortium claims are filed by the patient’s spouse, but they can also be filed by minor children, dependents or parents of minors.

There may be other forms of compensation as well for family members, depending on the circumstances. Civil litigation can help provide financial support to cope with the very real challenges that result from medical malpractice. We can help.

Contact the South Florida personal injury attorneys at Halberg & Fogg PLLC by calling toll-free at 1-877-425-2374. Serving West Palm Beach, Miami, Tampa, Orlando and Fort Myers/ Naples. There is no fee unless you win.

Additional Resources:

Medical Malpractice Statistics of 2024, By Christy Bieber, J.D., Forbes.com

More Blog Entries:

Palm Beach Injury Lawyer Talks the Toughest Part of Proving Medical Malpractice, June 24, 2024, West Palm Beach Medical Malpractice Lawyer Blog

Our goal here is to ensure clients – and even potential clients – understand the basics so they’re better empowered to navigate the aftermath and seek appropriate compensation.

What Causes Rear-End Crashes

Rear-end collisions occur when the front of one vehicle strikes the back of another.

According to the National Highway Traffic Safety Administration (NHTSA), rear-end crashes account for 29% of all crashes and result in a substantial number of injuries and fatalities every year. Rear-end collisions in which the lead vehicle is stopped or moving very slowly prior to the crash account for most of these cases.

Common factors cited in rear-end crashes include:

• Distracted driving. The leading cause of rear-end crashes is driver distraction. This includes texting, talking on the phone, eating, or any activity that diverts attention from the road.
• Tailgating. Following too closely behind another vehicle reduces the reaction time needed to avoid a collision if the car in front stops suddenly.
• Speeding. Higher speeds decrease the amount of time a driver has to react to sudden stops or changes in traffic flow, increasing the likelihood of a rear-end collision.
• Weather conditions. Poor weather conditions like rain, fog, or ice can make it harder to stop quickly, leading to more frequent rear-end accidents.
• Sudden stops. Unexpected stops by the lead vehicle, whether due to traffic signals, pedestrians, or other obstacles, can result in a rear-end crash if the following driver is not paying close attention. (That doesn’t mean the rear driver isn’t responsible. They are expected to anticipate the possibility that the driver ahead of them will make sudden stops and maintain an assured, clear distance.)
• Mechanical failures. Brake failures or other mechanical issues can also cause rear-end collisions.

Injuries That Result From Rear-End Crashes

Injuries in rear-end crashes can range from minor to severe, depending on the speed of impact and other factors.

Common injuries may include:

• Whiplash.
  • This is the most common injury, caused by the sudden jerking motion of the head and neck. Symptoms can include neck pain, stiffness, and headaches.

• Back Injuries.
  • Rear-end collisions can cause herniated discs, fractures, and other spinal injuries.
• Head Injuries.
  • Drivers and passengers may suffer concussions or traumatic brain injuries, especially if their head strikes the steering wheel or dashboard.
• Facial Injuries.
  • Airbag deployment or contact with the steering wheel can cause cuts, bruises, or fractures to the face.
• Chest Injuries.
  • Seatbelts can cause bruising or fractures to the chest area, and in severe cases, cause internal injuries.
• Soft Tissue Injuries.
  • Sprains, strains, and other soft tissue injuries are also common.

Liability in Florida Rear-End Crashes

As West Palm Beach car accident attorneys can explain, Florida is a no-fault state for car accidents. In general, that means your own insurance will cover crash-related damages up to $10,000, regardless of who was at-fault. But if your damages exceed that due to severity of injuries, you can pursue a claim for damages against the at-fault driver.

In rear-end crashes, the presumption is that the driver in the rear is the one at fault. We call this a rebuttable presumption because with evidence, you can rebut it. But generally, the rear driver is responsible because the onus is on them to follow at a safe distance and be prepared to stop if the vehicle ahead of them stops.

Possible exceptions may include the following actions by the lead vehicle:

• Suddenly reversing.
• Stopping without warning in a travel lane.
• Malfunctioning brake lights.

Even in these situations, the lead driver may only be found partially liable, not fully.

Rear-end collisions can have serious repercussions, but understanding the causes, typical injuries, liability and possible compensation can help victims take the necessary steps to recover. As West Palm Beach personal injury lawyers, our role is to advocate for victims and ensure they receive fair compensation for their injuries and losses. If you’re involved in a rear-end collision in South Florida, we can help with legal advice to help you overcome the complexities of your claim and work to achieve a favorable outcome.

Contact the South Florida personal injury attorneys at Halberg & Fogg PLLC by calling toll-free at 1-877-425-2374. Serving West Palm Beach, Miami, Tampa, Orlando and Fort Myers/ Naples. There is no fee unless you win.

Additional Resources:

Preventing Rear-End Crashes, Northland Insurance

More Blog Entries:

Side Impact Collision: How Palm Beach Car Accident Lawyers Determine Fault, June 25, 2024, West Palm Beach Injury Lawyer Blog

Often, as our West Palm Beach sexual abuse lawyers can explain, these larger verdicts involve some type of punitive damages.

Punitive damages are paid to the plaintiff/victim, but are imposed on defendants for punishment for egregious wrongs or deterrent for future bad acts — as opposed to strictly compensating a victim for specific losses. Punitive damages are less likely to be awarded than other types of damages (physical pain and suffering, mental and emotional anguish, past and future medical bills, etc.), but they can be appropriate in many of these circumstances.

Punitive damages made up 66% of a recent $9 million Florida sexual abuse lawsuit verdict against the U.S. Tennis Association. In that federal case, jurors found the organization failed in its duty to protect a teen athlete from being repeatedly victimized by her coach between the ages of 12 and 19, who was allowed to continue working 1:1 with teen girls even after he’d sexually assaulted an employee. The USTA said it did not know of the prior sexual assault until the coach was fired following allegations made by the plaintiff. The plaintiff, now 25, said her coach repeatedly sexually battered her when she was a minor.

Of the $9 million awarded in that case, $6 million was specifically for punitive damages.

Recent Six-Figure Sexual Abuse Lawsuit Verdicts and Settlements

Sexual assault cases usually involve an organization, non-profit, employer, school, government agency or property owner that failed in its duty to provide reasonable security, protection or oversight, which in turn made the victim vulnerable to attack or exploitation.

Among some of the recently-reported high-profile six-figure damages sexual abuse cases:

• A $2.5 million verdict in Arizona against a “trouble teen boarding school” that charged $9,000 monthly for “tough love,” but instead reportedly failed to address physical, mental and even sexual abuse by staffers against the teens. Most of that damage award consisted of punitive damages.
• A $4.2 million verdict against the U.S. Twirling Association and a coach after a federal jury in New York found that the organization was negligent in protecting her from sexual assault on an international trip to Lima, Peru. The organization reportedly did not provide security after promising to do so and exaggerated the experience of the coach. The teens were reportedly taken on numerous outings to nightclubs and private parties. The victim alleged the president of the club that sponsored the trip drugged and raped her.
• The Archdiocese of Baltimore’s deadline to file claims against its Chapter 11 bankruptcy case expired in June, with more than 700 victims of child sexual abuse by clergy seeking a portion of $1 billion in damages.
• A $2 million settlement against a women’s prison in Hawaii  led to an upgrade of camera systems throughout the corrections facility. Prisoners alleged sexual abuse by guards, particularly in so-called “blind spots” of the prison an din control booths. It was revealed that 40% of the prison’s camera systems weren’t functioning. Staff reportedly bribed inmates with snacks, methamphetamine and other privileges in exchange for sex. Because of the inherent power dynamics, prisoners cannot consent to sex with guards, even if both parties are adults.
• A $1.6 million verdict was awarded to a New Jersey woman who alleged she was sexually abused by her teacher at school for months. The district was 60% liable. The teacher, now a local minister, was deemed 40% responsible.
• The University of North Carolina School of the Arts has agreed to pay $12.5 million to former students who allege they were raped, groped and sexually harassed by teachers and staff.
• A girl in Oregon was awarded $9 million in a verdict against her school and other parties for failure to protect her from sexual harassment and rape by male peers at her school while she was a third-grader.

Possible Damages in Florida Sexual Abuse Lawsuits

Victims of sexual assault who file civil lawsuits against the perpetrator and (more commonly) other parties responsible can seek financial compensation for:

• Medical expenses
• Lost wages
• Mental health expenses
• Lost earning capacity
• Prescription medication costs
• Rehabilitation
• Travel expenses
• Relocation costs
• Legal fees

Other types of non-economic damages (may not correlate to exact dollar figure but still warrant compensation) include:

• Pain and suffering
• Loss of life enjoyment
• Loss of consortium (filed by a spouse, usually)
• Humiliation
• Social isolation
• Reputational damage
• Diminished sense of well-being

And then, of course, there is the possibility of punitive damages. An experienced Palm Beach sexual abuse lawyer is going to review all the possibilities before proceeding with your case.

Contact the South Florida personal injury attorneys at Halberg & Fogg PLLC by calling toll-free at 1-877-425-2374. Serving West Palm Beach, Miami, Tampa, Orlando and Fort Myers/ Naples. There is no fee unless you win.

Additional Resources:

F.S. 95.11, Florida Statutes of Limitation

More Blog Entries:

Is it Too Late to File a Florida Civil Sexual Assault Case?  June 1, 2024, West Palm Beach Sexual Assault Lawyer Blog

Side impact collisions are a type of motor vehicle crash where the side of one or more vehicle is impacted.

Sometimes referred to as T-bone accidents, we often see these at intersections, parking lots, and in scenarios where two cars or other vehicles pass each other on a multi-lane road.

Why Side Impact Crashes Are So Serious

According to a 2016 study, side impact collisions accounted for about 30 percent of total crashes, but 35-45% of passenger fatalities and serious injuries, compared to 55% in head-on collisions. Even in newer, safer cars and at lower speeds, side impact crashes still tended to have higher injury rates.

Factors that can make side impact collisions more serious:

• Fewer built-in protections. When a car is struck head-on or even in a rear-end crash, both the driver and passengers have greater distance and structural protection from the point of initial impact compared to a side-impact crash – particularly for those on the side that is struck directly.
• More vulnerable body parts impacted. Most rear- and front-impact crashes tend to result in serious injuries to the legs and feet, while side impact crashes tend to hit the chest and head harder.
• Minimal avoidance action. A driver who is struck on the side by another may not even see the other car coming – and therefore may take little evasive/avoidance action to minimize the crash.
• Vehicle size disparity. More than half of all new vehicles purchased in 2021 were SUVs. Anytime passenger cars collide with light trucks or SUVs, it’s former that usually sustains the greatest damage – regardless of which was the striking vehicle. But when a smaller vehicle is struck on the side by a larger vehicle, the damages tend to be very significant.

According to one study by the Association for the Advancement of Automotive Medicine, rear seat occupants were most likely to suffer the most serious injuries in side impact crashes.

Why Does Fault Matter in a Palm Beach Car Accident Case?

Although Florida is a no-fault system when it comes to car accidents, determining fault is still important in more serious accidents. If your injuries caused less than $10,000 in losses (for wages, medical bills, etc.), fault may not matter because you’ll be collecting damages from your own personal injury protection (PIP) policy.

However, side impact crashes tend to be more serious, and injuries are more likely to meet/exceed the serious injury threshold, as outlined in F.S. 627.737. In those instances, injured parties can pursue damages from those at-fault – either the driver of the car in which you were a passenger or the driver of the other car.

Even if you, as one of the drivers, were partially at-fault, you can still collect damages so long as you aren’t more than 50% to blame. (When you, the plaintiff, are partly to blame, this is called comparative fault.)  If you’re 50% at-fault, you can still collect up to 50% in damages from the other driver. However, if you are 51% at fault, you are not entitled to anything.

For this reason – and because damages are proportionately reduced depending on your own degree of responsibility – fault determinations are important because they can dictate how much money you walk away with.

Who is Most Often At Fault in West Palm Beach Car Accidents With Side Impact?

Usually in side impact crashes, the vehicle with front impact is at-fault. But that’s not 100% always the case.

Exceptions might be:

• A vehicle that gets broadsided after running a red light or stop sign.
• A driver making an unsafe left turn who fails to yield the right-of-way to a driver going straight.
• A driver who suddenly pulls out of a driveway or parking lot into oncoming traffic without looking for oncoming traffic or yielding the right-of-way.

As skilled Palm Beach car accident attorneys, we will carefully review the physical evidence (skid marks, crash damage, photographs, video surveillance footage), as well as witness statements, police reports, medical documentation, etc. We may call on our expert witness contacts to review the information we have to help us determine not only who was at-fault but to what extent. Our investigation can be used to challenge the insurance company’s conclusions if those were not in our client’s favor.

Contact the South Florida personal injury attorneys at Halberg & Fogg PLLC by calling toll-free at 1-877-425-2374. Serving West Palm Beach, Miami, Tampa, Orlando and Fort Myers/ Naples. There is no fee unless you win.

Additional Resources:

Side Impact Collisions and Related Lawsuits, Justia

More Blog Entries:

Being Drunk Doesn’t Nullify Florida Pedestrian Accident Injury Claim, May 25, 2024, Palm Beach Car Accident Lawyer Blog

As a Palm Beach injury lawyer can explain, there are four basic elements one has to prove in order to prevail in a Florida medical malpractice case – but one is often more difficult than the others.

Elements of a Florida Medical Malpractice Case

There are four main elements one must prove to win a Florida medical malpractice case:

1. Duty of Care
2. Breach of Duty
3. Causation
4. Damages

Let’s start with duty of care. This means establishing that the defendant (in this case, the doctor) had a duty to the plaintiff (patient) to provide care that meets the standard recognized by the medical community. They are expected to deliver care that would generally be expected of any reasonably competent practitioner with the same or similar level of skill, resources, and knowledge.

This differs slightly from other types of general negligence cases (such as car accidents) in that the expectation is not that they must act as a “reasonable person” would, but as a “reasonably competent practitioner of the same or similar level of skill, resources, and knowledge.”

Establishing what is “reasonable” requires something different for each. With medical malpractice, we have to hire an expert witness right off the bat to help us make the case – even if negligence seems obvious. Florida medical malpractice laws actually require that we do so.

Next up is causation. We need to show that there was a direct and causal link between the doctor’s breach of duty and the harm suffered by the patient. Whether the harm involved an injury, worsening condition, or death, we need to be able to establish that it was the result of the provider’s negligence.

Even if we can show the doctor was negligent and that the patient was harmed, that’s not enough to win a Florida medical malpractice case. As Palm Beach medical malpractice attorneys, we must be able to establish that the patient’s harm was because of the doctor’s mistake, inaction, error, oversight, etc.

Finally, we must prove damages. This is the amount of losses of the plaintiff due to the doctor’s negligence. It includes not only tangible financial impacts, such as medical bills and lost wages, but also intangible losses such as loss of life enjoyment. Medical malpractice lawyers have strategies that we use to quantify both past, current, and future financial losses, as well as those intangible losses.

The Toughest Element to Prove: Causation

Establishing each element of medical malpractice can prove challenging. However, causation is consistently one of the most difficult elements to prove.

Among the reasons why:

• Numerous contributing factors. Many patients have pre-existing conditions or other health issues that may make them more susceptible to injury. That doesn’t mean the doctor’s negligence didn’t cause their harm, but it can be trickier to prove for certain.
• Medical science is complex. The practice of medicine – and the outcomes that result – involves highly specialized knowledge. Knowing exactly what act or omission caused that precise harm can be difficult to establish with absolute certainty.
• Conflicting expert opinions. Expert witnesses are required of plaintiffs in medical malpractice cases. But it’s likely both sides are going to have an expert witness – probably multiple expert witnesses. And they may be arguing opposite opinions on causation. It may be up to the jury to decide which is most convincing.
• Conditions don’t always surface immediately. Sometimes there is a time lapse between when the medical care was provided and when the injury becomes apparent. A lot can happen in between, and it can make it difficult to confidently assert that it was in fact the medical procedure that caused the harm, and not some other interceding cause.

That doesn’t mean medical malpractice cases are impossible to win. On the contrary. But it’s in your best interests to be working with a skilled injury lawyer with experience specifically in handling medical malpractice cases.

Contact the South Florida personal injury attorneys at Halberg & Fogg PLLC by calling toll-free at 1-877-425-2374. Serving West Palm Beach, Miami, Tampa, Orlando and Fort Myers/ Naples. There is no fee unless you win.

Additional Resources:

Medical Malpractice Law, Justia

More Blog Entries:

Doctors With Prior Florida Medical Malpractice Claims 4x Likelier to Have Another, May 15, 2024, Palm Beach Medical Malpractice Lawyer Blog