The state of Florida loves to be number one. Unfortunately, it is often first in categories that are not so desirable. That includes a recent listing of regions with the highest numbers of pedestrian deaths. Florida Cities Lead Nation in Pedestrian Deaths a 2016 Smart Growth America study, called “Dangerous by Design,” ranked 104 large metropolitan areas in the United …
When can Jury Verdicts be Challenged or Overturned?
A jury is all powerful, charged with the ability to make factual determinations at trial without question. What a jury says goes, and there is no questioning the jury’s decisions. Correct? Well, not always. Certainly, the integrity of our system depends on respecting a jury’s decision. If anybody could come back after a trial and overturn what a jury does …
Collateral Estoppel Leads to Bizarre and Unfair Result
Law is, for the most part, fair and just. Despite being sometimes convoluted and filled with rules and exceptions to rules, in the end, common sense justice usually rules the day (even if the losing party does not actually believe that they obtained any justice). There are some outcomes that are so extraordinary and so bizarre, that they seem to …
The Weekend Effect: It is Real and it is Dangerous
The weekend effect. It may sound like something that happens after a busy weekend of partying, or after drinking a little too much. Maybe it sounds like an excuse for being especially lazy on weekends. But in actuality, it is a sad and sometimes puzzling statistic that has to do with patient deaths in hospitals. What is the Weekend Effect? …
Things to Know About Personal Injury Protection (PIP)
Personal Injury Protection (PIP) is mandatory for all drivers in Florida. Despite it insuring most all of us, and despite it being used in almost every accident, there are a lot of things that most drivers do not know about what PIP will and will not cover after a car accident. How PIP can Help One of the benefits of …
Medical Malpractice Problems With Anesthesia
When we come under the care of a medical specialist, we may have some understandable concerns. These may range from the doctor’s competence, to whether the doctor is properly and fully diagnosing what the problem is, to whether what the doctor is doing will actually cure or heal you. Anesthesia and its Specialities One area of medicine that is often …
What are Jury Instructions and Why are They Important?
In trials shown in movies and on TV, there may be extensive scenes showing the attorneys presenting evidence and making arguments. Attorneys make their closing argument to the jury, which then leaves to deliberate the case. This sequence leaves out a vitally important but often overlooked part of the case – jury instructions. Paying attention to this phase of a …
Did Popular Phone App Cause an Increase in Car Accidents?
We have written in the past about the dangers of distracted driving. When we think of things that take our attention from the road, we often think of text messages, phone calls, large infotainment screens on the dashboard, or GPS systems. But a recent study has concluded an uptick in car accidents due to yet another kind of distraction behind …
Do Stand Your Ground Laws Apply in Injury Lawsuits?
Although we tend to think of criminal law and civil law as separate systems with their own separate set of rules and laws, there is an intersection between them that often occurs. Yes, there are differences legally, but many scenarios will involve both a criminal prosecution and a civil case for injuries or damages. Civil and Criminal Cases can Differ …
Why do Car Accidents Still Happen So Often?
You would think that with today’s technology, the number of car accidents would be significantly reduced. Between cameras, vehicle “black boxes” and complex crash avoidance systems, we should be able to avoid crashes. There are even people who volunteer to have their cars monitored, so that if they do crash, experts can gather valuable data about how the accident happened. …