Category Archives: Personal Injury

Who Can Be Held Liable in a Wrongful Death Lawsuit?

By Paul B. Genet |

When a person dies due to someone else’s negligence, even if it is unintentional, the victim’s family may have a cause of action for wrongful death. Under Florida law, a party is negligent when it violates a duty owed to the victim. Such a duty exists whenever a person “undertakes to provide a service… Read More »

The Importance of Expert Testimony in Medical Malpractice Cases

By Paul B. Genet |

Although many people associate medical malpractice solely with physician error, other health care providers, such as emergency medical technicians, can seriously injure (or kill) patients by failing to follow an appropriate standard of professional care. After all, when you call 911, you expect emergency workers to respond and provide necessary medical care. When they… Read More »

Understanding the Role of Arbitration in Florida Medical Malpractice Cases

By Paul B. Genet |

When a patient intends to bring a medical malpractice lawsuit under Florida law, the health care provider (or his insurance company) can make an “an offer to arbitrate in which liability is deemed admitted and arbitration will be held only on the issue of damages.” In some cases, arbitration offers a quicker and less… Read More »

Understanding the Patients’ Right to Know About Adverse Medical Incidents

By Paul B. Genet |

In medical malpractice cases, Florida patients have certain legal rights when seeking information about about a health care provider’s past actions which may have hurt other patients. In 2004, Florida voters approved an amendment to the state’s constitution (known as Amendment 7) which expressly provides “patients have a right to have access to any… Read More »

Proving Loss of Future Earnings and Medical Expenses Following an Accident

By Paul B. Genet |

An auto accident can leave a victim with permanent injuries that affect their ability to work and pay for future medical expenses. In order to recover such damages in a personal injury lawsuit, a victim must adequately document any losses of potential future earnings or anticipated medical expenses. While juries may be sympathetic to… Read More »

Florida Toxic Mold Contamination

By Paul B. Genet |

The Collier County School District reported that mold was discovered at two local elementary schools during the summer recess. The mold was removed before teachers and students returned to school in mid-August. According to school officials, surface mold was found in the carpeting and on whiteboards, cabinets, walls and student desks. The district believes that… Read More »

Sharing the Road: Florida Bicycle Accidents

By Paul B. Genet |

This past August, Tampa resident Michael Duriel Lee was killed by a hit-and-run motorist while bicycling to work. Mr. Lee was struck while riding on the right shoulder of a highway overpass. Upon impact, Mr. Lee flew over a guardrail and fell to his death. Common causes of bicycle accidents Bicyclists constantly face the… Read More »

Florida Personal Injury Mediation

By Paul B. Genet |

The uncertainties and expenses of litigations have prompted more plaintiffs to settle their personal injury claims through less costly and speedier alternative dispute resolution (ADR) methods such as mediation. Mediation is an opportunity for disagreeing parties to attempt resolution in an informal setting. An overview of the mediation process In mediation, plaintiffs can tell… Read More »

Not Safe at Home or Work: Daily Chemical Exposures

By Paul B. Genet |

Many products that provide us with the everyday amenities we enjoy contain dangerous substances. Some chemicals can cause grave illnesses and even fatalities for people exposed to slight levels over a long period, or high levels over a short period. Dangerous substances can be found in chemicals you are exposed to at work and… Read More »

Florida Construction Sites — A Dangerous Livelihood

By Paul B. Genet |

Roger Brown was loading a 3,000-pound commercial oven in Palm Springs when it fell off the forklift and crushed him to death. John Morris was working on a highway in Miami when he was fatally hit by a motorist. John Halek was trimming trees for a landscaping company in Boca Raton when he was… Read More »

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