South Florida Personal Injury Blog

Recreation and Sports Related Personal Injuries

Tue, 24 Apr 2012 15:56:49 -0500

Recreational and sports injuries are a common phenomenon, particularly among children. Every year several hundreds of thousands of kids sustain injuries occurring as a result of a sport or recreational activity such as skating, bicycling, swimming, and adventure sports. Adults tend to be at a lesser risk of accidents during aggressive physical activities because their coordination is better and reaction time is faster and more accurate compared to children.

On many occasions, a sports or recreation related accident may cause head injury, which can be a severe form of personal injury. If the injury has occurred due to the fault of another party, the victims or their families may consult with a Fort Lauderdale personal injury lawyer to make a legal claim for compensation.

Discriminatory Job Interview Questions with Women

Thu, 22 Mar 2012 15:39:34 -0500

Employers are prohibited from asking certain type of questions during a job interview with a woman candidate. Gender discrimination lawyers advise that this includes asking a woman whether she has children, and if so what may be their age groups. Asking the marital status of a woman may also be illegal under certain federal or state laws. Questions about pregnancy, birth control and future child planning are usually prohibited. Questions about a woman candidate’s husband may also be prohibited under the law. Women candidates who may face such questions in job interview and receive an adverse employment decision may seek legal opinion from Florida employment discrimination attorneys.

When an Employee is not Entitled to Unemployment Benefits

Mon, 19 Mar 2012 21:36:04 -0500

Florida labor laws dictate that while most employees are entitled to unemployment benefits, some are not. In normal circumstances, the employee rights in Florida include the right to receive unemployment benefits. However, if the employer challenges the unemployment benefits claim of a former employee or certain circumstances in which the employee left the job may determine whether he or she will be entitled to the benefits or not. In other words, the employer is vested with some power to determine whether a former employee should receive such benefits or not.

Information about additional employment issues in Florida have recently been posted by AMlaw attorneys in the following areas:

Florida Overtime Law
EEOC Florida
FMLA Florida

Fl Employment Law on Workers’ Compensation

Tue, 28 Feb 2012 16:37:13 -0500

It is estimated that more than 100,000 workers in Florida sustain injuries at the workplace every year, and apply for workers’ compensation. Under the fl labor law, a majority of workers receive compensatory payments for their medical costs and lost wages in such cases. However, in some cases the workers may feel that their compensation rights have not been adequately fulfilled.

The employment law Florida and the ensuing workers’ compensation program aim to balance the interests of the victims and employers as well as insurers involved. The law in this regard is frequently subject to changes and fairly complicated. The workers or the employers may consult with employment attorney Florida to defend their rights in case of a dispute on compensation. Individuals interested in persuing a claim against an employer are always cautioned to first understand the law regarding wrongful termination in Florida to ensure that they are protected from retaliation before acting:

Specific Fl Labor Law Issues

Tue, 28 Feb 2012 16:18:41 -0500

The employment law Florida covers a wide range of issues concerning employers and employees. In case of employees, it also deals with issues such as the employee’s right to privacy, unemployment benefits, safety and health benefits, and employment as a migrant worker. The AMlaw employment lawyers in Florida can provide legal advice in all such cases where an employee feels the need to defend his or her rights at the workplace.

Unemployment Benefits Claim Filing

Fl labor law provides for unemployment benefits to eligible former employees. Such a claim must be filed at the local claims office of the Unemployment Compensation Division. This division has its local offices in various parts of the state to help people file their claim conveniently. To be eligible for unemployment benefits, an individual must be unemployed for at least seven working days. The benefits can be availed for a maximum period of 26 weeks. The claim benefits amount will be in proportion to the claimant’s average weekly wage prior to unemployment. The upper limit of such claim benefit is $250 per week. Fl employment law allows a claimant to appeal against a denied claim or a dissatisfactory claim amount.

A request for claim review may be filed at the Office of Unemployment Compensation Claims. An impartial appeal referee will hear the appeal. The referee’s decision can also be further appealed to the Commission of Unemployment Appeals, and finally to the district court of appeals requesting a judicial review. The claimant may hire the services of an employment attorney Florida in such a situation. A deliberately made false claim for unemployment benefits may lead to a fine of up to $5,000 and a prison term of up to five years.

Right to Privacy at the Place of Work

With advancements in technology, a number of employers prefer to install search, eavesdropping and surveillance equipment to help them monitor employee activity. In some cases, even wiretaps, unannounced searches and hidden cameras may be used to keep a tab on employees.

An increase in such monitoring activity has brought the issue of the employees’ privacy rights at the workplace at the forefront of debate. Employment law in Florida has kept the interests of both employers and employees into consideration with regard to privacy issue.

Workplace Health and Safety Issues

The Occupational Safety and Health Act, the Workers’ Compensation Act, and Fair Labor Standards Act Florida govern the standards on workplace health and safety in the state. The employers have a basic duty to provide for a reasonable safe workplace and work environment. Sanitation and hygiene conditions and methods are also included under the health and safety requirements.

On the other hand, employees are expected to exercise reasonable care at the workplace and adhere to the prescribed safety procedures. Under the Fl labor law, all workplaces are subject to inspections by a competent authority to assess their compliance with the provided standards of health and safety. Non-compliance on part of the employers may result in fine and criminal penalty. Employers and employees may consult with experienced, Florida Based, employment lawyers to defend their rights with regard to this law.

The Element of Negligence in a Personal Injury Case

Sun, 11 Dec 2011 07:54:20 -0500

Under the personal injury law, negligence is said to have occurred when at least one of the parties involved in the accident did not exercise reasonable care under the circumstances, or when at least one of the parties did something that another reasonably careful individual would not do in those circumstances. Our personal injury attorneys in Fort Lauderdale explain the basics.

Negligence is the most common basis for personal injury lawsuits. Auto accident related cases or premises liability cases involving personal injury are usually based on the argument that the defendant acted negligently. See our article on Merchant Circle on car accidents. Negligence law may differ from one jurisdiction to another. Therefore, it is important to know the local laws pertaining to negligence where the accident has occurred.

Establishing Proximate Cause

Proximate cause is said to exist where the victim sustained personal injuries due to negligent conduct of the defendant. Furthermore, the victim’s injury must be a natural and probable outcome of such negligent conduct. Therefore, in order to prove liability of the defendant, the victim must establish not only negligence, but also proximate cause.

Many accidents involving personal injury may have multiple proximate causes. It is not necessary for the establishment of liability that the negligence of the defendant should be the only proximate cause of the victim’s injury, or the final proximate cause. The defendant may be liable even when a personal injury occurred due to more than one proximate cause, and whether such causes occurred simultaneously or in combination.

Components of an Act of Negligence

Assessment of an act of negligence typically requires that the victim must prove four factors arising out of a preponderance of the available evidence. The first factor is that the defendant must have owed a duty to the victim, or a duty to the public, including the victim. The second factor is that the defendant must have violated such duty. Thirdly, the victim must have sustained personal injury as a result of the violation of such duty by the defendant. Lastly, the injury must be reasonably foreseeable result of the defendant’s action.

Gross Negligence vs. Ordinary Negligence

Gross negligence refers to such conduct or inaction that is so reckless that it shows a substantial lack of care and concern for whether a personal injury may result from it. In some cases where ordinary negligence may not suffice, it becomes important to establish a case of gross negligence in order to hold the defendant liable for damages.

For instance, if a government employee caused an accident while on government duty, he or she may enjoy immunity from liability for ordinary negligence. In such a case, gross negligence may have to be established to hold the defendant liable.

For more information contact our personal injury attorneys in Fort Lauderdale.
Alitowski & Moore
707 NE 3rd Avenue, Suite 201
Fort Lauderdale, Florida 33304
954-523-5333
502-523-6938
888-275-2637
888-Ask-Andrew

Patricia Kluge Loses her Wealth, Takes up a Day Job

Sat, 10 Dec 2011 19:17:23 -0500

Patricia Kluge, seen for years as one of America’s richest divorcees, has taken up a day job after she went bankrupt in June. Kluge along with William Moses, her third husband, will oversee the production of wine at the newly renamed Trump Winery in Charlottesville, VA. The woman who was famous for her spectacular Virginia mansion, a large collection of jewels, and a huge pile of cash from her former husband, media mogul John Kluge, lost her fortune due to bad business decisions and poor financial management.

The good thing is that her day job is not an ordinary one. She is working for the winery taken over by Donald Trump, which had been built on her estate in Virginia. It was a financially risky venture that led her to seek bankruptcy protection from creditors. However, Kluge is still not the one to settle for an ordinary life. She rents a lavish 6,000 square-foot home with five bedrooms and a swimming pool in an exclusive gated community close to her old mansion.

Kluge’s saga of financial undoing is not very different from that of so many Americans who overused their credit cards and borrowed heavily during the times of the economic boom. As the creditors closed in on her, her financial straits became public knowledge. At last, she has chosen to speak publicly about her bankruptcy. She appears resolute and confident to survive without the servants that at one time attended to guests at her lavish parties.

For the moment, Kluge and her husband Moses will earn nearly $250,000 under a 12-month contract to work for Trump’s winery. She handles wine production, bottling and marketing, while Moses looks after the legal and issues part time. About a third of their earning goes to rent (she still has not learned much). Kermit Rosenber, the couple’s lawyer, says that the future remains unclear for Kluge since they have walked out of bankruptcy with nothing. Well, at least she has her third husband around to share her life with.

This article has been brought to you by the personal injury attorneys of Alitowski & Moore. We have decades of combined experience settling car accident claims in Fort Lauderdale, Florida and Louisville Kentucky. Call to learn how our legal team can help you.

Fort Lauderdale Attorneys

Alitowski & Moore
707 NE 3rd Avenue
Suite 201
Fort Lauderdale, FL 33304
954-523-5333
954-523-6938
888-275-2637
888-Ask Andrew

Louisville Lawyers

Alitowski & Moore
332 W. Broadway
Suite 613
Louisville, KY 40202
502-582-9100
502-582-9440
888-275-2637
888-Ask Andrew

What does the future hold in store for Arnold Schwarzenegger and Maria Shriver?

Sat, 10 Dec 2011 19:10:22 -0500

The impending divorce between Arnold Schwarzenegger and Maria Shriver continues to attract attention, and it is difficult not to be fascinated by it. Arnold and Maria came as close as America can get to royalty. He was a self-made, hugely successful star in sports, entertainment, business, and politics. She was a Kennedy and the most popular First Lady of California ever.

Reports suggest that Arnold has made a deal to publish his memoir with Simon & Schuster in October 2012. It is likely to be a huge bestseller and make plenty of money for Arnold. It remains a matter of conjecture on what new aspects and details will Arnold reveal about his life that is not already known.

Schwarzenegger appears to have moved on after the scandalous divorce announcement. He has been busy making celebrity appearances, working on his forthcoming memoir, and making plans to produce new feature films (hopefully they are better than Terminator 3). Shriver, on the other hand, appears to be in a more difficult position. She has been through the death of both her parents within a year. She has been frank enough to say she does not know what the future holds in store for her. She is rich; there are people on this planet, and in this country, far worse off.

Shriver will be reportedly worth a hundred million dollars and Schwarzenegger four hundred million after the divorce. However, the real difficult part has emerged with the recognition of a half-sibling. Questions remain whether Schwarzenegger provided for the child under a confidential support agreement, or used community funds from his marriage, or what the source of funds was that Schwarzenegger used to buy a home for the child and her mother.

For the sake of the children, Schwarzenegger and Shriver need to avoid a prolonged divorce settlement and maintain privacy. Confidential judicial arbitration or private mediation may be the best way to approach the situation, and it appears from all accounts that the couple may be already following this approach. Schwarzenegger has had to put his movie projects on hold because of this, certainly costing him millions of dollars.

Fort Lauderdale Attorneys

Alitowski & Moore
707 NE 3rd Avenue
Suite 201
Fort Lauderdale, FL 33304
954-523-5333
954-523-6938
888-275-2637
888-Ask Andrew

Louisville Lawyers

Alitowski & Moore
332 W. Broadway
Suite 613
Louisville, KY 40202
502-582-9100
502-582-9440
888-275-2637
888-Ask Andrew

How does an Insurance Company Evaluate Personal Injury Claims?

Thu, 08 Dec 2011 15:28:47 -0500

Insurance companies play a crucial role in the settlement of personal injury claims. Determining the fairest amount of claim is the most challenging issue because each side may view things from their own perspective. The claims usually vary from one case to another because no two cases will have identical circumstances.

Types of Damages Insurer Must Pay

Fort Lauderdale personal injury lawyers maintain that a person who is held liable for causing an accident and his or her insurance company is required to compensate for certain damages in most cases. These include the cost of medical treatment and related expenses incurred by the victim to recover from the personal injuries. Secondly, the defendant or the insurer must compensate the victim for the wages lost due to absence from work while undergoing medical treatment for the personal injuries.

Compensation may also be claimed for loss of social, education, and family experiences such as missed training, family events, recreation, or vacation. Emotional costs suffered such as loss of confidence, depression, stress, or strained personal relationships may also be a part of the legitimate claim. Lastly, any loss or damage to the victim’s property must be compensated for by the defendants or their insurers.

Damages Computation by Insurers

Medical expenses and loss of income are computable more easily than subjective losses such as emotional loss or pain and suffering experienced by the victim. In such cases, the insurance adjusters usually add up the actual medical costs known as “medical special damages”. This amount is treated as a base figure to arrive at an amount for the non-monetary costs, which is known as “general damages”.

If the personal injuries suffered are minor in nature, the insurance adjuster may compute the general damages by multiplying the special damages amount by 1.5 or 2. If the personal injuries are serious in nature, the general damages may go up to five times the special damages, or even up to 10 times in extreme cases. However, this is just a broad formula used by insurance adjusters, but the actual figures may vary from one case to another. Furthermore, this is not a final figure, but only an amount from where the insurer may initiate negotiations for compensation with the victim.

Extent of Fault

In some personal injury cases, both the victim and the defendant may be partially at fault for having caused the accident, resulting in personal injuries to one of them. In such cases, the insurance company will try to determine the percentage of fault of each party. The insurer may reduce the amount of compensation by the same percentage for which it holds the victim responsible for the accident. This is an issue of comparative liability, and a fair distribution of liability must be determined based on the facts and circumstances of the accident.

Overtime case Home Health Aide in Florida

Thu, 22 Sep 2011 02:36:39 -0500

Recently, in August of 2011, the Untied State District Court for the Southern District of Florida decided a case that dealt with the Fair Labor Standards Act (FLSA) and unpaid overtime wages. In Correa v. Gelhomecare, Inc., 2011 WL 3419625 (S.D.Fla.), Plaintiff worked for Defendants as a home health aide. The plaintiff in this case felt that she was not being paid correctly and that she was entitled to overtime wages (more information on this topic can be found by visiting our new Employment Discrimination Facebook page). The FLSA statute states that an employer is required to pay an employee a minimum wage and pay time and a half for those hours that an employee works in excess of the standard forty hour work week. Id. But, the FLSA (Fair Labor Standards Act) does have a host of exemption to the FLSA’s minimum wage and maximum hour requirements. One such exemption is for employees in domestic service who provide companionship services for individuals who because of age or infirmity are unable to care for themselves.

Alitowski & Moore Facebook Page Now Live.

Mon, 22 Aug 2011 23:34:51 -0500

The Alitowski & Moore law firm Facebook page is now live. Many articles posted by our attorneys can only be viewed by visiting A&M-Facebook. Articles include information on personal injury litigation and tactics as well as current events and, you guessed it. Hollywood stars (and all of the trouble they seem to cause themselves.
For more information on obtaining Alitowski & Moore law related articles, contact:

Alitowski & Moore
707 NE 3rd Avenue Suite 201
Fort Lauderdale FL 33304
954-523-5333
954-523-6938
888-275-2637
888-Ask-Andrew

Personal injury litigation documents to be made public by Alitowski & Moore

Mon, 22 Aug 2011 15:36:39 -0500

The attorneys at the law firm of Alitowski & Moore will now be making available articles and documents for public use. documents will be available by visiting the Alitowski & Moore profile located at docstop.com.

For information on how to obtain specific documents that are not yet listed, please contact William Moore at:

Alitowski & Moore
707 NE 3rd Avenue Suite 201
Fort Lauderdale, Fl 33304
954-523-5333

Please note that much information will be uploaded throughout the remainder of August. All documents are considered public domain once posted on the sight and may be reposted by attorneys and students without citing credit to the Alitowski & Moore law firm. All articles will be specific to the practice of personal injury litigation in Florida.

When should you hire a Personal Injury Lawyer in Fort Lauderdale?

Tue, 16 Aug 2011 14:44:01 -0500

If you have sustained personal injury due to the fault of another person, you may be entitled to receive damages from that person. However, you may not necessary need to hire a lawyer if the other person’s insurance company pays for the costs of your injuries, or the person compensates you directly. In case you feel that the person who caused the injury is reluctant to compensate, or the insurance company refuses to pay a fair compensation, it may be a good idea to hire the services of a personal injury lawyer in Fort Lauderdale.

Why negotiate with someone who is not playing fair? Why work with some when they are only showing contempt and disdain for you? Just because someone smiles and laughs at your jokes does not mean they are always on your side or can be trusted. This is where a personal injury lawyer in Fort Lauderdale should step into the picture. They can help you by offering you the law skills you lack and without this information you are standing on unstable ground. The other side has the leverage. This leverage can be evened out if your side is bolstered by an expert on personal injury law. In Florida, there are attorneys that are willing to go the extra mile for you.

Jennifer Lopez Loses Legal Battle of Privacy against Release of Home Video

Tue, 26 Jul 2011 17:00:06 -0500

Jennifer Lopez has at last lost her legal fight to safeguard her privacy in an intimate home video that her ex-husband plans to release publicly. The total video footage is a little over 27 hours, which includes several scenes of nudity featuring Lopez. It also reportedly includes footage of her honeymoon with her ex-husband, the Cuban-born Ojani Noa. Noa and Lopez met in a Miami restaurant where Noa worked as a waiter. They married in 1997 and were divorced that same year.

Alternative Dispute Resolution in Fort Lauderdale

Wed, 29 Jun 2011 07:43:01 -0500

A common recourse available to all parties involved in a personal injury dispute is to file a lawsuit in a civil court. Many attorneys believe however that a lawsuit should be the last option when all other options to resolve the dispute have been exhausted. The costs in terms of time and money and the emotional challenges involved in such recourse have led to an increasing number of people considering alternative solutions for resolution of disputes. An experienced Fort Lauderdale personal injury attorney should be consulted who can advise the best legal alternatives available in the event of a personal injury dispute. More information on this can be obtained by contacting:

Alitowski & Moore
707 NE 3rd Avenue Suite 201
Fort Lauderdale, FL 33304
954-523-5333
954-523-6938
888-275-2637
888-Ask-Andrew