How Economic Damages Palm Beach Wrongful Death Cases Are Calculated
Halberg & Fogg Blog » Wrongful Death
by David J. Halberg, Esq.
7M ago
As Palm Beach wrongful death lawyers, we understand just how precious and fleeting life can be. No dollar figure can ever truly quantify the depth of loss when someone we love is gone from us forever. That said, one of the things our attorneys strive to identify early in these cases is the potential monetary value, as it’s assigned within the framework of the civil justice system. This can seem callous, but it comes from a place of care – because it’s how we provide grieving loved ones with a crystal-clear picture of the costs/benefits of pursuing a legal claim against those believed responsib ..read more
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Blame for Suicide at Florida Behavior Center is Ruled a Matter of General Negligence, Not Medical Malpractice
Halberg & Fogg Blog » Wrongful Death
by David J. Halberg, Esq.
1y ago
Every year, nearly 46,000 Americans die and another 1.2 million attempt to take their own lives, according to the American Foundation for Suicide Prevention. It’s not uncommon for loved ones to agonize for years about “what if” and what might be done differently – possibly blaming themselves or others for not seeing the signs or being more proactive in protecting the person from themselves. And most of the time, it’s a fruitless mental spiral because hindsight is 20/20 and of course you’d have intervened if you knew what was coming and had the power to stop it. But what if an individual or or ..read more
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Florida Dram Shop Laws: When Bars Can Be Held Liable For Drunk Driving
Halberg & Fogg Blog » Wrongful Death
by David J. Halberg, Esq.
1y ago
Professional golfer and Florida resident Tiger Woods and his girlfriend, who manages a restaurant owned by Woods, have been named defendants in a wrongful death lawsuit stemming from the drunk driving death of an employee in December, The Miami Herald reports. When drunk driving results in death, there are a number of avenues through which a Florida wrongful death lawyer may seek to establish liability. Typically, this includes the drunk driver, the owner of the car, the host of an underage party and sometimes, the vendor that sold or served the alcohol. That last one is formally known as a “d ..read more
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“Can I Be Sued if Someone Else Wrecks My Car in South Florida?”
Halberg & Fogg Blog » Wrongful Death
by David J. Halberg, Esq.
1y ago
As Palm Beach personal injury lawyers, our clients are those who have been impacted by the negligence or wrongdoing of others. However, we have occasionally heard of incredulous third-party defendants who wonder how they could possibly be held liable for someone else’s misdeeds. But there are quite a few instances in Florida injury law wherein statute allows for vicarious and third-party liability. Car accident cases may be among these. In general, there are three ways third parties can be liable for Florida car accidents: Drunk driving accidents. In drunk driving accidents, third parties, s ..read more
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Fatal Florida Parasailing Accident Calls Liability Waivers Into Question
Halberg & Fogg Blog » Wrongful Death
by David J. Halberg, Esq.
1y ago
A fatal Florida parasailing accident involving a vacationer in the Florida Keys has raised questions about the enforceability of liability waivers. Liability waivers are standard operating procedure for companies that offer inherently risky excursions and activities, including those that rent out/offer charter boats, parasailing, wakeboarding/tubing, jet skis, scuba diving, sky diving, etc. But as our Palm Beach injury lawyers can explain, although Florida courts have upheld the viability of these waivers, they aren’t necessarily a catch-all for every scenario. There are situations where a li ..read more
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Good Samaritan Rights if Injured in a South Florida Car Accident
Halberg & Fogg Blog » Wrongful Death
by David J. Halberg, Esq.
1y ago
Good Samaritan laws have been enacted throughout the country with the initial intention of protecting medical personnel from legal liability for rendering aid to someone in a medical emergency outside a traditional hospital setting. Here in Florida, F.S. 768.13 protects not only health care providers and those licensed to practice medicine but any person from liability when they gratuitously and in good faith rendered emergency medical care or treatment either in direct response to an emergency situation or arising out of a declared public health emergency. While a health care professional’s ..read more
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Explaining the Alcohol Defense in Florida Injury Lawsuits
Halberg & Fogg Blog » Wrongful Death
by David J. Halberg, Esq.
1y ago
Florida personal injury lawsuits are efforts to compel a negligent party (defendant) to pay monetary compensation for causing some preventable harm to the person who was hurt (plaintiff). There are, however, a number of legal defenses that can be raised to either prevent the defendant from being found legally responsible (liable) or reduce the amount of money they have to pay. One example is called the “alcohol defense.” It was recently raised in the case of Mainstreet Entertainment Inc. v. Guardianship of Jacquelyn Faircloth before Florida’s 1st District Court of Appeal. The court tossed a $2 ..read more
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“Never Events” – Florida Medical Errors in Surgery Can Lead to Litigation
Halberg & Fogg Blog » Wrongful Death
by David J. Halberg, Esq.
1y ago
Recently in another state, a hospital admitted a patient received a kidney meant for someone else. The hospital released a statement apologizing for the medical error and said two employees were placed on leave. The only good news is that while the kidney was given to the wrong patient, it is compatible with that person, who is expected to recover. Meanwhile, the surgery for the intended patient has been delayed. NPR reports the hospital is reviewing what went wrong and how to prevent similar mistakes. Such incidents are what are referred to by healthcare professionals and medical malpractice ..read more
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Legal Theories of Liability in a South Florida Child Drowning Lawsuit
Halberg & Fogg Blog » Wrongful Death
by David J. Halberg, Esq.
1y ago
What was supposed to have been a day of fun, splashing and sun took a tragic turn recently when a 3-year-old girl drowned and a 4-year-old nearly died at a pool party at an apartment complex in Tampa. The Hillsborough County Sheriff’s Office said in a release that the children’s flotation devices slipped off of their arms and the two went underwater. Minutes passed before anyone noticed they were at the bottom of the pool, where 10 children were being monitored by three adults. Several people rushed to help, giving CPR to both girls. The younger of the two was pronounced dead at the hospital ..read more
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What are Taxable/Non-Taxable Costs in a Florida Injury Lawsuit?
Halberg & Fogg Blog » Wrongful Death
by David J. Halberg, Esq.
1y ago
Your Florida injury lawsuit is over. The judge has made a final ruling. Whether you won or lost, there is still something that needs to be resolved: Taxation of costs. But what are costs in a tort case? What costs are taxable? Which are considered non-taxable costs? It’s important to point out that “taxes” in this case aren’t referring to a cut owed to the Internal Revenue Service. The question is whether the losing party can be “taxed” for certain costs associated with the litigation process incurred by the prevailing party. For example, expert witness fees – paid to an expert witness for the ..read more
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