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Under statute 13 Article X of Florida’s constitution, the State of Florida has waived its sovereign immunity in tort cases to the extent that an employee of an agency or subdivision of the state (“Agency”) has negligently or wrongfully harmed an individual. The only cases that can be brought up against the state are ones that can be brought up against private citizens. The state will also be liable for any damages to the same extent a private citizen would. However, there is a cap of $200,000 per claim or judgment and $300,000 per incident, if you have multiple claims coming from the same incident. Before you can file a suit against the state, you must file a claim to both the Agency and the Department of Financial Services (“DFS”) and the DFS and either deny the claim in writing.

As we grow older, we face more illness and injury that require surgical intervention. Even without the grace of age, we can face circumstances that require surgical intervention at any point of our lives. While the thought of surgery can be stressful and frightening, most surgical procedures are completed without complications, as medical professionals are highly trained and capable of complying with the standard of care to get patients on their way to recovery. However, there are instances in which surgeries do not go as planned and complications can take place. When a complication occurs during or after a surgery that is the result of negligence or poor quality of care, victims may be entitled to compensation from a surgical negligence claim.

Some examples of negligent surgery claims are;

• Failed/incorrect procedures
• Unnecessary surgeries
• Delay in surgery
• Wrong-site surgery
• Failure to remove foreign objects
• Perforated organs
• Infections
• Poor post-operative care; and much more.

Victims of surgical negligence may suffer emotional and financial losses, allowing them to make a claim for compensation to pay for pain and suffering, continuous treatment, in-home equipment needed post procedure, loss of income, psychological damage and other special damages.To make a surgical negligence claim, it must be proven that an injury was sustained and would have been avoided, if not for poor care. Handling these claims alone can be tough, which is why it is important to retain legal services from an experienced medical malpractice attorney. Contact Darfoor Law Firm at 1-833-DARFOOR for a free consultation on your surgical negligence claim.

Having a negative surgical experience can be traumatizing, particularly if additional injuries are sustained that could have been avoided. If you have experienced surgical negligence and would like to share your story, please leave a comment on our Twitter page. We look forward to hearing from you.

Dealing with an illness can be difficult on its own. Once you leave the doctors office or hospital, your focus is on obtaining the prescribed medications, going home and resting. Unfortunately, medication errors sometimes occur at pharmacies, which can prolong your sickness or even cause more harm. Pharmacy negligence claims can result from pharmacists giving a patient an unintended medication due to poor communication, carelessness, understaffing, system error and ineffective precautionary measures. As a result, pharmacists may provide the wrong medication, incorrect dosage, wrong directions or fail to inform patients of potential allergies and drug/food interactions. Medication errors can be serious, as not only are patients deprived of necessary medication but they are at risk of alternative reactions to unintended drugs or incorrect dosing.

When a patient suffers injuries as a result of a medication error, they may have the right to file a malpractice claim, though not all complications warrant legal action. It must be proven that the pharmacy’s negligence is directly responsible for an injury for the claim to be valid. The plaintiff must also prove that the pharmacy has a duty of care, breached that duty of care, directly caused the injury and that the injury has caused financial or emotional damages. Damages for malpractice claims based on negligence can include medical and disability expenses, lost wages, pain and suffering and punitive damages.

If you or a loved one have suffered an injury due to pharmacy negligence, contact Darfoor Law Firm at 1-833-DARFOOR. Our Florida malpractice attorney can help to recover the compensation you deserve.

Many people visit emergency rooms everyday to seek care for their medical needs. Like all medical facilities, emergency rooms have standards to follow in order to provide sufficient care to patients, though emergency rooms face issues that other medical facilities do not. For example, emergency rooms are hectic and doctors only have a short amount of time to focus on each patient, meaning treatments may be rushed and medical records may not be reviewed appropriately. Neglecting patients may result in misdiagnosis, wrongful treatment, injury or errors in administering medications. If injury to a patient is caused by negligence, the medical provider or medical facility may be held liable. When any member of the emergency room staff acts in a negligent manner, injured patients may be able to pursue financial compensation for resulting harm caused to them.

In such cases, victims may sustain a claim for medical malpractice if they can prove the following elements;

• Doctor-patient relationship
• Negligence
• Harm

Proving a doctor-patient relationship existed is typically the simplest part, as the hospital should posses records of patient visits and the physicians that cared for them. Negligence of physicians is measured by the quality of care provided to the patient. This element is more difficult to establish because the standard of care expected in emergency rooms is typically different from the standard of care required by doctors working in a less hectic environment. Also, victims must prove that they suffered some type of harm due to negligent actions. Harm may include additional treatment or surgeries, corrective treatment, lost wages and pain and suffering.

People visit emergency rooms to seek treatment, but unfortunately doctor errors can cause greater harm. If you or someone you know has been injured due to emergency room negligence, contact Darfoor Law Firm at 1-833-DARFOOR for a free consultation.

Herniated discs are injuries we hear about often, because stresses sustained from the back and neck make spinal discs prone to injury. Spinal discs provide stability and allow the wide range of movements of the neck and lower back. Discs may deteriorate from age or injury, causing the central portion of the disk to rupture through the outer ring and make contact with the nerve root, causing pain. Other symptoms such as tingling, numbness and weakness also occur. These symptoms typically travel along the nerve, causing pain through the back of the leg, if the herniated disc is located in the lower part of the spine; and pain through the arm if the herniated disc occurs in the cervical spine.

Although some symptoms of a herniated disc are tolerable, and occasionally there aren’t any symptoms at all, more serious cases result in severe pain and additional issues. For example, a disc herniation that occurs in the cervical spine may cause shooting pain down the arms, stiff neck and muscle spasms. If the herniation is large, it can press on spinal nerves located on both sides of the body, resulting in pain and muscle weakness in lower extremities and even incontinence of bladder and bowel movement. Treatment also varies depending on the severity and location of the herniation, including physical therapy, muscle relaxants, pain and inflammation medication, cortisone injections and surgery. Leaving a severely injured herniated disc untreated may cause permanent nerve damage.

A herniated disc is an injury that can be harmless or life changing and may occur as a result of many different actions. If you have been involved in an accident resulting in a herniated disc, call 1-833-DARFOOR to speak with an experienced Ft. Lauderdale personal injury lawyer.

Safety is imperative when it comes to riding motorcycles, as motorcyclists face higher risks of not only getting into accidents but being injured in an accident, than those who drive cars. Therefore, it is important to have a motorcycle insurance policy that protects motorcyclists in the event of a serious accident. There are many common motorcycle insurance coverages that help to provide a protective motorcycle insurance policy, though not all are provided at every insurance company or in some cases, not in every state. The Department of Motor Vehicles (DMV) mentions the following motorcycle insurance coverages; 

• Bodily injury liability
• Property damage liability
• Comprehensive – covers damages not caused in an accident (ex: fire, theft, vandalism)
• Collision
• Medical payments
• Personal Injury Protection (PIP)
• Uninsured/underinsured motorists
• Motorcycle roadside assistance
• Accessory coverage – covers equipment and accessories

Although it is not necessary to obtain all of the possible motorcycle insurance coverages, some are more essential than others. For example, if your motorcycle has customized parts and accessories, it is wise to obtain accessory coverage. Also, collision coverage is suggested if the bike is worth more than the likely cost of repairs. Other coverages, such as bodily injury, property damage, PIP and uninsured/underinsured motorists are either required by states or suggested, particularly due to the amount of medical and property damages one could acquire while riding a motorcycle.

Do you own a motorcycle? Have you had experience with motorcycle insurance policy not covering certain aspects after a motorcycle accident? If so, please leave a comment on our Facebook page. We look forward to hearing from you.

Victims that are injured in accidents caused by another party typically retain an attorney to represent their rights throughout a lawsuit. In these situations, defendants also retain attorneys and their own team to deny the plaintiffs claims, including defense hired doctors. The defense hires physicians to testify as to whether the plaintiff is actually injured and if the accident was the cause of their injuries. Insurance companies use these doctors to try to convince the court that victims are not injured, or have not suffered any pain, loss or anguish as a result of the accident. In cases in which the the insurance company cannot deny that victims are injured, they claim that the injury was caused by an unrelated event.

Unfortunately, this unethical practice is used too often by defendants legal teams and insurance companies, in an attempt to keep their money. Although insurance companies are supposed to protect and provide for their insured, they will go above and beyond to avoid having to pay a settlement. Unfortunately, sometimes this means using unethical practices while trying to prove that an injured person has not sustained any injuries due to their insured.

Insurance companies do not always play fair; thus, victims should always look to an experienced attorney to advise them of what to do in a personal injury case, particularly if a situation arises that may be deemed unethical. If you or someone you know has been injured in an accident call 1-833-DARFOOR to speak with a Ft. Lauderdale personal injury attorney that wants to fight for your rights.

The discovery process is a stage of a lawsuit that leads to the trial. The purpose of discovery is for both sides to exchange information regarding their positions in the lawsuit, such as their claims and how they remember the accident. During discovery, the plaintiff will request information from the defendant and the defendant will request information from the plaintiff. Information is obtained during discovery by submitting written questions, interrogatories, requesting documents or deposition. When a deposition is scheduled, those that have been compelled will give their testimony, which is recorded and may be used in court.

In car accident claims, interrogatories are very useful. Defendants now have the opportunity to ask the plaintiff about their injuries, health, work history (lost wages), financial status, details of the accident and much more. The plaintiff also has the opportunity to ask about the defendants criminal background, medications used at time of accident, drug and alcohol use, car accident history etc. In cases in which the plaintiff was injured as a result of the car accident, physical and medical examinations may be required by the defendants insurance company. These medical examinations are referred to as Independent Medical Examinations (or Compulsory Medical Examinations) and are done by a doctor of the insurance companies choice. The physician will later prepare a detailed written report. Defendants may use this to their advantage by attempting to prove that the plaintiff is not injured or their injuries were not caused by the car accident. The plaintiff may use this to their advantage by cooperating with the physician and explaining their injuries in great detail, as well as providing medical history proving their injuries did not occur prior to the accident.

If you or someone you know has been injured in a car accident, contact Darfoor Law Firm at 1-833-DARFOOR to speak with an experienced car accident and personal injury lawyer.

Involvement in a personal injury lawsuit requires the injured party to prove that not only is the other party at fault, but that they have caused financial loss. The money for these losses are referred to as damages. In Florida, when someone is injured due to another persons negligence, the law provides that the injured party can ask to be compensated for damages such as medical care expenses, lost wages, pain and suffering and emotional damages. While damages with a set dollar amount (ex. medical bills) are generally easy to calculate, others such as pain and suffering are more difficult to prove.

Elements of pain and suffering are bodily injuries sustained, mental anguish and loss of capacity for the enjoyment of life experienced, both in the past or to be experienced in the future. Compensation is determined differently depending on the incident. Minor cases are compensated for inconvenience, while more serious cases are compensated for agony and suffering. Although there is no exact standard for measuring these damages, Florida Standard Jury Instruction states, “the amount should be fair and just in the light of the evidence.” For example, medical bills may be covered but what compensation is deserved for the pain of no longer being able to walk on your own again? Two methods are use to calculate such damages, the multiplier method and the per diem approach. The multiplier method requires calculating the actual damages (medical bills, lost wages) by a number, determined by the severity of the injury. When using the per diem approach, a certain amount is assigned to everyday until the injured party is fully recovered.

Determining how much an injured party should be compensated for damages can be difficult, especially when dealing with pain and suffering and emotional damages. If you have been injured in an accident and would like to determine what damages you could receive compensation for, call a Broward personal injury lawyer at 1-833-DARFOOR for a free consultation.

The amount of time until a case will be resolved varies depending on the situation and steps taken. Cases generally end up in court, after filing a lawsuit, if a settlement cannot be reached. After filing a lawsuit against the responsible party, the discovery process will begin, in which both parties conduct an investigation. This process can take months or even years, and often times, the court will require both parties to participate in mediation, which may lead to a settlement. If a settlement cannot be reached during mediation, a trial date will be set. Personal injury trials can last anywhere between one day to over a month and the judge or jury will determine the percentage of fault and issue compensation. Following trial, the losing party may appeal certain aspects of the case. The appellate process can take a year or more to be resolved and may result in the appeal being sustained or the case being tried again.

Other factors also contribute to the length of a lawsuit such as  liability and the amount of compensation demanded. Cases with smaller settlements tend to take less time than those with possibly large settlements. Also, the type of lawsuit may determine the length of a lawsuit. For example, a medical malpractice case is more likely to go on longer than an automobile accident case. Also, the amount of time taken for the injured party to reach maximum medical improvement (MMI) affects the length of a lawsuit, as an attorney may choose not to file a lawsuit until the injured party is fully recovered.

Personal injury lawsuits can be long and exhausting, making it imperative to have an experienced personal injury attorney by your side to investigate your claim, make a demand and negotiate your claim. If you or someone you know has been injured and need assistance in filing a lawsuit, call Darfoor Law Firm at 1-833-DARFOOR for a free consultation.

If you have been involved in a personal injury lawsuit, please leave a comment on our Facebook page about your experience. We look forward to hearing from you.