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Arbitration is a form of alternative dispute resolution, which uses a third party or a panel to make a decision regarding a dispute, and can be court ordered or voluntary. Arbitration is different from mediation, because a decision is made, which is why lawyers and clients must be cautious in agreeing to arbitration. Alternative dispute resolutions are typically preferred, as they are faster and more cost effective than litigation. Arbitration also helps to avoid hostility between parties, as well as being flexible, private and providing simplified rules of evidence and procedure.

Following an agreement to continue with the process of arbitration, both parties may need to agree on certain aspects, such as using a single neutral arbitrator or a panel. Once the procedural elements are agreed upon, the parties may proceed to arbitrator selection. Fortunately, parties are able to choose arbitrators that specialize in areas relevant to their dispute, to obtain the best results. Forward to the hearing, which is less formal than litigation, both parties will present their evidence prior to arbitrator deliberation. Finally, the arbitrator(s) will make a decision and dictate an award, which will be considered binding and not allow for appeal. The parties are required by law to agree to terms determined by the arbitrators’ decision, though the courts will review the case and decision to guarantee there was no misconduct throughout the process.

Have you been compelled to participate in an arbitration? Leave a comment on our Facebook page regarding your experience in an arbitration proceeding. We look forward to receiving your feedback.

One of the most commonly reported injury accidents is slip and falls. These cases typically involve a business or commercial property, but what if someone slips and falls on private property? Property owners are responsible for maintaining their property, as well as assuring it meets safety guidelines determined by the city and state. If a property owner fails to do so, they may become liable for the injuries of a slip and fall victim, if the slip and fall occurred on their premises. The fall may be due to cracks on a surface, slippery or uneven floor, or because the owner failed to provide a warning or caution for a potentially dangerous area, putting the victim in harms way.

When a slip and fall takes place in a private establishment, the victim has the right to obtain legal consultation to file for damages, if they can prove that the accident was caused by the owners negligence in maintaining a safe establishment. Filing a claim for a slip and fall that occurred at a private establishment requires the injured party to prove that the accident was the property owner’s fault. To do so, one of the following must be true; (1) the owner caused the dangerous condition or (2) the owner was aware of the dangerous condition and did not make an attempt to correct it or (3) the owner should have been aware of the dangerous condition.

If your slip and fall accident was a direct result of a property owners negligence to maintain a safe establishment, our personal injury lawyers at Darfoor Law Firm will help you file a case; your Florida slip and fall attorneys know your rights and can assist in obtaining the maximum recovery for an incident. Call 1-833-DARFOOR for a free consultation.

Cosmetic surgeries are typically reconstructive procedures men and women choose to undergo to alter their personal appearance. Those that choose to partake in cosmetic surgeries like to believe that their surgeons are skilled, competent and professional, but most of all that they will come out with a successful surgery and no injuries. Unfortunately, not all surgeries are successful, as complications may arise and mistakes can be made. In the event that a surgeon commits an error that can be classified as medical negligence and the patient is harmed, the mistake may form the basis of a medical malpractice lawsuit. 

The general elements of a medical malpractice suit regarding plastic surgery are a doctor-patient relationship, breach of the medical standard of care and harm to the patient as a result. Establishing the medical standard of care requires showing what a surgeon should have done, opposed to what was done. Often times, this requires an expert witness testimony. After the standard of care is established, it must be shown how the surgeon breached the medical standard of care, such as recognizing what the surgeon failed to notice or what necessary steps were or were not taken. Establishing injury to the patient is not as simple as it seems, as there are many risks that come with cosmetic surgeries. If the injury obtained is one that the surgeon has made aware to the patient prior to the surgery and the patient has agreed, medical malpractice has not occurred.

Physical and emotional scars from surgery errors can last for years, and compensation for these injuries may include further medical treatment as well as pain and suffering. If you have been the victim of botched plastic surgery, which resulted in a serious injury, contact injury lawyers Darfoor Law Firm at 1-833-DARFOOR for a free consultation.

Aside from violating state and federal regulations, overloading trucks creates unsafe vehicles which pose a threat to those around them. Overloaded trucks are among the leading causes of truck accidents, as overweight cargo makes it more difficult for the driver to keep control over the truck. Weight limits exist for a reason, and if a truck is overloaded, it requires an increase in braking distance, which drivers can misjudge. Tire failure rates are also higher when the size of a load increases. Also, overloaded trucks are easily at risk of rolling over due to possible load shifts while on the road, which may cause a major traffic accident resulting in injuries or even fatalities.

Those injured in truck accidents caused by overloading may face hospitalization, surgeries, therapy and medication. Victims of truck accidents may be left with fractures, internal injuries, TBI’s, spinal cord injuries or disabled. It is extremely important to establish negligence in truck accident cases, determining what was in the truck at the time of an accident, as well as the last time it was weighed may contribute in the investigation of an accident. In the event of an accident caused by an overloaded truck, the employee who completed the loading may be responsible. Trucking companies may also be liable for negligence if the companies policies led to the truck being overloaded, or if inadequate supervision led to the overloading.

If you have been injured in a truck accident, and believe the accident was a result of negligence on the part of the driver or trucking company, contact a Broward truck accident attorney at Darfoor Law Firm at 1-833-DARFOOR for a free consultation to discuss potential compensation available to you.

Thousands of people vacation on cruise ships every year. While traveling on a cruise ship can be a great adventure, cruise line accidents sometimes occur. Generally, a cruise ship owes its passengers a duty of safe transportation, due to the fact that cruise ships are considered common carriers. Cruise ship operators must exercise reasonable care for the safety of its passengers, in accordance with maritime law. Furthermore, cruise ship operators will be held liable for the injuries of passengers caused by negligence or willful actions.

If an injured passenger wants to file a lawsuit against a cruise line, it is important to know that the contract with the cruise line determines the statute of limitations, and is typically located on the purchased ticket. This contract takes precedent over any statute of limitations set by state law.  Also, jurisdiction rules vary, though Florida Statute 910.006 allows Florida law enforcement maritime jurisdiction if the victim is a resident of Florida, the suspect is a resident of Florida, more than half of revenue passengers aboard embarked and planned to disembark in a Florida port, or if the crime could have cause a substantial effect within Florida.

A cruise ship passenger who has suffered injuries may be eligible to receive compensation for damages such as medical expenses, loss of wages, and compensation for pain and suffering. Call a cruise ship accident lawyer at Darfoor Law Firm at 1-833-DARFOOR to determine your rights if you have been injured in a cruise ship accident.

In the state of Florida, leaving the scene of an accident or “hit and run” is defined as failure of a driver to remain at the site of a crash and fulfill other statutory duties, when the crash involves death, bodily injury or property damage. When involved in a traffic crash, drivers have a duty to remain at the scene, provide necessary information and render aid. In hit and run cases, the penalties are dependent on the nature of harm or the amount of damage caused by the crash. If the crash involved personal injury, it is classified as a third degree felony. Crashes involving property damage are second degree misdemeanors and fatal crashes are classified as first degree felonies.

In may cases, it is assumed that the driver left the scene to avoid an arrest for a different offense, such as DUI, racing, or driving with a suspended license. In accordance with Florida law, the court will not require the accused driver to pay restitution in a situation that involves leaving the scene with only property damage. However, if the victim’s injuries, could have been prevented with immediate assistance had the at-fault driver remained on the scene, restitution may be awarded.

If you are involved in a crash it is important that all parties involved stay at the scene and call for help, as it is required by law and could save a life. If you are a victim of a hit and run accident, call 1-833-DARFOOR to discuss your options with an experienced Ft. Lauderdale personal injury attorney.

Has a hit and run accident affected the quality of your life? If so, please leave a comment on our Facebook page sharing your case. We look forward to receiving your feedback.

The Florida Department of Health’s injury facts show that Florida has the highest drowning death rate in the nation for children between the ages of 1 and 4. Drowning is also the leading cause of unintentional deaths for children of the same age in the state. Florida Statute also acknowledges drowning as a notable cause of death for elderly residents. This is partly due to easily accessible beaches, pools, canals and lakes as well as the many recreational activities that take place in or around water. Due to the large amount of water activities residents partake in, there are regulations regarding the proper care and safe management of swimming facilities.

Florida’s Residential Swimming Pool Safety Act requires residential swimming pools, spas, and hot tubs to be equipped with, at the minimum, one pool safety feature. This act also requires the Department of Health to provide information to the public regarding drowning prevention and responsibilities of pool ownership. It is recognized that unsafe or improperly maintained pool fixtures are a hazard. Also, negligent operation of any water sport facility can cause hazardous conditions for those involved. In addition, residents and tourists are encouraged to be watchful of those engaging in activities involving water, particularly children and the elderly and those on vessels should be aware of maritime law and traffic safety.

Drownings are terrible and possibly deadly experiences, that can be the result of being in an unsupervised area or faulty equipment. Depending on the situation, drowning victims may experience brain damage, or the accident may be fatal. If you suspect negligence has caused a drowning in Florida, it is necessary to speak with an attorney to protect your legal rights. Call 1-833-DARFOOR to discuss your case with an experienced personal injury lawyer.

Boating accidents can be terrifying and in a moment of panic or shock, it may be unclear what your next move should be. There is a chance that someone is injured, there may be damage to the boat, all in addition to the fear of drowning as part of the accident. Following the accident, there is also much confusion, as to who is responsible, who to report the accident to, whether or not there is insurance coverage etc.

After the accident, it is important to seek medical care, even if you do not believe that you have been injured. Data collected by the Florida Fish and Wildlife Conservation Commission show that head injury, broken bones, contusions and lacerations are the most common injuries sustained from boating accidents. Also, be sure to account for all other known passengers, who may need medical attention, as well as swimmers and passengers of the other vessel, if there is another boat involved. Subsequent to ensuring everyone’s safety, it is necessary to gather information regarding the accident such as contact information for all parties involved, registration and insurance information for all boats.

Under Florida Law, in the event of a boating accident, it is illegal for the operator of a boat to leave the scene without reporting the accident. A boating accident may be reported to the local police department, the county sheriff or The Division of Law Enforcement, Florida Fish and Wildlife Conservation Commission. Failure to report a boating accident is a criminal offense. It is also important to report the accident to your insurance if you owned or operated one of the boats, even if the other boater is to blame. If the other boater was negligent or disobeyed boating laws in any way, which led to the accident, you may be able to take legal action for compensation for medical bills, lost wages, pain and suffering, emotional distress or wrongful death.

If you or a loved one was involved in a boating accident call Darfoor Law Firm at 1-833-DARFOOR for knowledgeable guidance in determining whether you are eligible for compensation.

Traumatic Brain Injury is a serious and devitalizing injury, that could also be deadly, resulting from trauma to the head. According to Brainline, 47% are caused by falls, 15% by being struck, 14% by motor vehicle traffic, 9% due to assault and 15% are unknown. In cases, such as a coma or fractured skull, TBI’s are easy to identify, though in cases of mild brain injury they are harder to identify. Mild brain injuries typically occur during vehicular accidents, and although they are not life threatening, they can have serious effects on one’s physical, cognitive, and emotional abilities.

It is extremely important to take such injuries seriously because if left untreated or ignored, the injury could worsen and symptoms will intensify over time. When a serious brain injury, such as a TBI goes undiagnosed and untreated, it has the potential to cause lasting injuries that drastically hinder a victims life. Health care providers diagnose patients with TBI by using a variety of tests that assess physical injuries, brain and nerve functioning, and level of consciousness.

Long-term physical and mental disabilities or alternations are not uncommon and a victim’s quality of life can be profoundly affected. He/she may be unable to function or work normally again. Some long term effects and symptoms are;

• Cognitive Defects
• Motor Sensory Complications
• Perceptual and Sensory Defects
• Behavioral/Psychological
• Language and Communication problems
• Functional Complications
• Loss of Life

Fortunately, the law enables those who have suffered a TBI as a result of the negligence, wrongdoing, or inaction of another to seek compensation for their injuries and losses. Call a Fort Lauderdale traumatic brain injury lawyer at Darfoor Law Firm at 1-833-DARFOOR if you or someone you know has been injured in an accident that resulted in Traumatic Brain Injuries. Our experienced personal injury lawyer understands the complexities of your situation and will offer a free evaluation of your case.

A wrongful death claim is a civil lawsuit brought to court when the negligence or wrongful act of one party causes the death of another person. Florida Statutes section 768.19 states that when a person’s death “is caused by the wrongful act, negligence, default, or breach of contract” of another person or some other entity, the estate of the deceased person may bring a civil lawsuit in Florida’s courts, seeking a legal remedy for that death and the losses stemming from it. Florida law requires the personal representative of the deceased persons estate to file the wrongful death claim within two years of the date of death, according to Florida Statutes section 95.11(4)(d).

Family members who may recover damages in a wrongful death case are:

• the deceased persons spouse, children and parents
• any blood relative or adoptive sibling who is “partly or wholly dependent on the decedent for support or services”

Florida state’s rules for awarding damages in a wrongful death lawsuit allow surviving family members to receive damages in cases in which: 

• the value of support and services the deceased person had provided to the surviving family member
• loss of companionship, guidance, and protection provided by the deceased person
• mental and emotional pain and suffering due to the loss of a child
• medical or funeral expenses any surviving family member has paid for the deceased

The deceased person’s estate may also recover certain types of damages. These include:

• lost wages, benefits, and other earnings, including the value of lost earnings that the deceased person could reasonably have been expected to make if he or she had lived
• lost “prospective net accumulations” of the estate, or the value of earnings the estate could reasonably have been expected to collect if the deceased person had lived, and
• medical and funeral expenses that were paid by the estate directly.

If you have lost a loved one as a result of the actions of another person or a third party, please contact our skilled attorney at Darfoor Law Firm. We can assist you with evaluating your case and determining your legal rights and whether you have a claim under Florida’s Wrongful Death Statute. Call our office at 1-833-DARFOOR today for a free consultation from a Florida wrongful death attorney.

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