Unintentional injuries are the leading cause of death in Florida, and the Sunshine State has an unintentional injury rate that’s 13% higher than the national average according to the Florida Department of Health. Top causes include car accidents, falls (particularly among older folks), pedestrian accidents, bicycle accidents, and violence. But as far as whether such injuries are grounds to take legal action, such as filing a Palm Beach personal injury claim, there’s a lot of factors that must be considered. In our experience as longtime Palm Beach injury attorneys, there are major misconcepti ..read more

A recent sexual civil assault filed by a Florida woman centered on her alleged rape and resulting pregnancy involving a rideshare driver 5 years ago. Sexual assault civil tort claims in Florida are typically time-barred after 2 years, thanks to Florida’s statute of limitations, F.S. 95.11 (with some exceptions if the victim was a minor at the time or within the dependency of an abuser). However, this was filed as a federal claim in the U.S. District Court for the Northern District of California, San Francisco Division, where the rideshare company is based. That state has a 10-year statute of l ..read more

The parents of a young woman who died of septic shock recently won a $30 million judgment in a Florida medical malpractice lawsuit against the doctors they alleged were negligent in treating an ulcer. While such sizable damage awards are the exception in the Florida medical malpractice lawsuit landscape, part of what this case came down to was the fact that this young woman’s condition went untreated for so long – despite being known. We understand as West Palm Beach medical malpractice attorneys that nothing is going to bring back a loved one who’s been lost as a result of medical negligence ..read more

Trying to figure out how much your Florida personal injury lawsuit may be worth? It’s typically one of the first questions West Palm Beach injury lawyers are asked. Many factors are weighed in the answers we give, and one of those is the possibility of damage caps. “Damages” is legalese for the amount of money paid to someone who has been wronged by another. A damage “cap” is a cutoff, the maximum amount a person can receive for certain types of damages. There are two main types of damages in Florida personal injury cases: Compensatory and punitive. Compensatory damages are paid to compensate ..read more

A national sports league has been accused in a Florida sexual abuse lawsuit of trying to intimidate potential witnesses into silence – an action the judge warned could be interpreted by a jury as gross negligence. Such a finding would be noteworthy because in Florida civil sexual abuse cases, evidence of gross negligence opens the door to punitive damages. That could possibly triple the amount of damages the defendant would have to pay. Gross negligence is defined in F.S. 768.72 as conduct so reckless or wanting in care that it constitutes a disregard or indifference to the life, safety, or ri ..read more

South Florida has a reputation for being somewhat risky. It’s got a plethora of alligators, firearms and hurricanes. But as it turns out, one of the riskiest things you can do here is take a stroll. According to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), there are an average of more than 9,300 pedestrian accidents in this state every year. As a result of those, more than 5,800 pedestrians are injured (more than 1,360 of those injuries are serious), and nearly 800 die. Risky driver behaviors, such as speeding, drunk driving, and distracted driving, contribute to thes ..read more

Filing a Florida lawsuit for robotic surgery injuries may be warranted if adverse patient outcomes are the result of machine malfunction, surgeon error or a preventable mistake during the procedure. Such claims may be filed against the surgeon, but also potentially against the manufacturer of the robot. Lawsuits against surgical robot manufacturers would not be for medical malpractice, but rather product liability. The use of robotic systems for surgeries has grown rapidly in recent decades. Specialized technology has enabled these systems to deliver precision care, even in difficult-to-reach ..read more

A new report by the U.S. Centers for Disease Control and Prevention reveals that 20% of women report experiencing medical mistreatment from their healthcare providers during maternity care. As our West Palm Beach medical malpractice lawyers can explain, it is the job of fetal and obstetrical medical professionals to do their best to ensure the safest and healthiest pregnancy outcomes for their patients. Of course, with any pregnancy, labor, and childbirth, there is a risk of adverse outcomes that can include serious illness, injury and even death. But often, when healthcare professionals are m ..read more

For the majority of adult working Americans, driving is a means to work — and a means for work. This is true despite the rise in remote work in recent years. If you are involved in a Palm Beach car accident while driving for work – or are hit by someone who was driving for work – there may be additional legal considerations for any subsequent personal injury claims. The U.S. Census Bureau reports that 79% of Floridians commute to work by car each day, and the average commute time increased from 25.6 minutes in 2021 to 26.4 minutes in 2022. During that same time, the percentage of people workin ..read more

When sexual assault occurs on a boat off the coast of Florida, survivors can understandably be a bit perplexed about their options for legal recourse. What jurisdiction is in charge? Who can be held responsible? How much time is there to file? At Halberg & Fogg, our West Palm Beach sexual abuse lawyers are committed to the fight for accountability in the wake of such offenses. We know that survivors of sexual assault often have a number of legal options, but it’s imperative to be deliberate in the actions we take. A misstep could mean wasted time, added trauma for survivors and potentiall ..read more