Jacksonville Personal Injury Lawyer Blog

As Jacksonville launches it Halloween Activities tonight and into this weekend, it is certain that some individuals will indulge just a little too much. When this occurs innocent people may become victims of these over indulgers. However, in an attempt to prevent injuries to Jacksonville residents, AAA has teamed up with Bud Light to offer FREE rides home (with vehicle) for those you cannot drive. This service is being offered from October 31, 2012 through November 3, 2012.

The companies statement says it all, "The Auto Club Group and Bud Light provide the Tow to Go service to discourage an intoxicated driver from getting behind the wheel and risking the lives and safety of other motorists. Not only does Tow to Go remove the intoxicated driver--it also enables AAA and Bud Light to remind the public to always choose a designated driver for a safe ride home."

Unfortunately, even with a program like this some will still decide to get behind the wheel after partaking in holiday festivities. Even worse, is their bad decision could put you and your family in danger of severe bodily injury or death. In the event you or a loved one is injured or killed by a drunk driver, you should contact a Jacksonville Injury Attorney to assist you during this process. Don't allow your rights to recovery fade away. Contact a Jacksonville Injury Lawyer today.

If you would like further information regarding Personal Injury check out Apple Law Firm PLLC's website. If you would like to schedule a free consultation, contact my office directly at 904-685-1200.

An accident that occurred on Saturday morning was the result of an illegal Street Racing event. Tragically, as a result of the crash 3 have died and 2 still remain in critical condition. As a Jacksonville Injury Attorney, these reports are the worse to hear about. This family has been destroyed all because some kids decided to "race" on the streets of the city.

Police report that street racer, Alejandro Hernandez, driving his Toyota Scion swerved into oncoming traffic and struck the family's SUV head on. The impact of the crash was so violent that the engine was ripped from the SUV. Furthermore, the accident caused the death of the driver and his son in the SUV, Jose Serrano, 43, and his 15-year-old son. The two other passengers of the SUV suffered a fractured pelvis and two fractured legs.

In the Racing Scion, the driver is listed in critical condition. Unfortunately, his passenger Ivan was ejected from the vehicle and was pronounced dead at the scene. Reports do not state if he was wearing a seatbelt at the time, but I was to guess, I would say no.

This was a tragic and completely avoidable accident. Young adults today need to know that street racing and other illegal activities are not permissible. TV Shows and Movies demonstrate this type of lawless behavior, but one has to be able to differentiate the truth from fiction. Until this difference is known, accident like this one will continue to occur.

However, the family is not without recourse. Given the facts of this case, there is a potential for a Wrongful Death case. In addition, a personal injury case for just the accident alone. The family can seek recovery for lost of consortium, loss of future wages, pain and suffering, medical bills, etc. Even though this will not bring back the loved ones lost, it may be able to ease the transition into the next phase of all their lives.

If you would like further information regarding Personal Injury check out Apple Law Firm PLLC's website. If you would like to schedule a free consultation, contact my office directly at 904-685-1200.

Toyota Motors Co. announced today a recall affecting approximately 7.5 million vehicles. The recall was announced after it was discovered an issue with the power windows that could potentially pose a fire hazard. Fortunately, there has not been any reported accidents or injuries stemming from this defect.

This recall will affect some 2.5 million vehicles in the United States alone. The company states the driver's side power window switch can feel "notchy" or "sticky" while attempting to roll down the window. The issue arose because during the manufacturing process lubricating grease was not applied evenly and if another lubricate is applied a fire could result.

The models subject to the recall are: Highlander, Matrix, Tundra, Yaris, Corrolla, Camry, and RAV4. If you are an owner of such vehicles the company will be sending out notifications of the recall later this month via U.S. mail.

Jacksonville residents use a multitude of products everyday and we expect manufactures to have exercised reasonable care to make a safe product for the public. Unfortunately, some dangerous products make it past the safety measures and when that happens, injuries are likely to result. If you or a loved one have been injured from a defective product, contact a Jacksonville Personal Injury Lawyer to discuss what legal remedies may be available to compensate you for your injuries.

If you would like further information regarding Products Liability check out Apple Law Firm PLLC's website. If you would like to schedule a free consultation, contact my office directly at 904-685-1200.

Last Saturday started just like all the others, unfortunately, for a 10 year old child it would be a day unlike any other. The young boy, Anthony, went outside to play with a friend when 2 Pit Bulls attacked him. The child suffered several severe lacerations, but is expected to fully recover.

In Florida, dog bites are a strict liability offense. This means, a owner of a dog will always be liable for the damages that have incurred because of their dog's actions. Therefore, if you are attacked you could potentially recover for the personal injuries you sustained. You could recover for medial bills, pain and suffering, lost wages, etc.

If you would like further information regarding Personal Injury check out Apple Law Firm PLLC's website. If you would like to schedule a free consultation, contact my office directly at 904-685-1200.

Around 2 AM this Monday morning a Jeep driven by Grant Ness of St. Augustine crashed through the bedroom of Brian Hubble and Jennifer Lyles. Everyone involved is being listed as in critical condition, but are expected to recover. This was a tragic accident and for us who live in Jacksonville and the surrounding area, an all to common occurrence.

Although the cause of the accident is still unclear, authorities believe alcohol and speed were contributing factors to this accident. The driver potentially faces both Criminal and Civil penalties for his actions. If alcohol was a contributing factor, then he could face DUI, DUI with Damage, other Jacksonville Criminal Charges. As for Civil penalties, the victims of this accident could bring hefty personal injury claims against the driver of the Jeep. They can seek recovery for the property damage, medical bills, lost wages, pain and suffering, loss of consortium, etc.

Accidents occur all the time, unfortunately. However, you and your family do not have to go after it alone. As a Jacksonville Injury Lawyer, I can assist you and your family to get you the compensation you are entitled to. I provide more than just legal representation; I provide an avenue for my clients to recover without the stress of dealing with insurance companies.

If you would like further information regarding Personal Injury check out Apple Law Firm PLLC's website. If you would like to schedule a free consultation, contact my office directly at 904-685-1200.

General Motors Co. (GM) has recently announced a recall of nearly 500,000 vehicles due to gearbox issues. The recall stems from four incidents GM knows of where the vehicle owner placed the vehicle in "park" but the vehicle roll away. This recall spans worldwide with vehicles in USA, Canada, and other markets.

The recall will affect owners of Chevy Malibu, Pontiac G6, and Saturn Auras. The models affected are between the years 2007 and 2010 with the optional four-speed automatic transmission. The recall will affect 426,240 vehicle owners in the US alone!

The repairs will include reinforcement of the shift cable and make sure the transmission gear position matches the gear on the shifter. Owners will receive a letter stating their vehicle is under recall and to schedule free repairs done at the dealership. Owners will also be reimbursed if they had repairs done prior to this recall.

Jacksonville residents use a multitude of products everyday and we expect manufactures to have exercised reasonable care to make a safe product for the public. Unfortunately, some dangerous products make it past the safety measures and when that happens, injuries are likely to result. If you or a loved one have been injured from a defective product, contact a Jacksonville Personal Injury Lawyer to discuss what legal remedies may be available to compensate you for your injuries.

If you would like further information regarding Personal Injury check out Apple Law Firm PLLC's website. If you would like to schedule a free consultation, contact my office directly at 904-685-1200.

Apple is set to release its newest iPhone on Friday, but researchers are already questioning the possibility of more distracted drivers with Apple's new iOS 6. As technology gets more and more advanced so does our desire to possess and utilize the latest and greatest features that are downloaded onto our phones. However, with this advancement comes our inability to safely drive without being distracted by a text, call, email, or social network update.

As a Jacksonville Car Accident Attorney, I know accident happen for all types of reasons; drowsy, intoxication, others in the vehicle, and most common, cellphone distractions. And with Apple's record sales this week on iPhones this type of accident is bound to increase.

Currently, Florida is one (1) of a minority of states that do not have some type of ban on cell phone use while driving. Recently, Pennsylvania became the 35th state to enact this type of law. According to reports, nearly 1 in every 100 drivers text, email, tweet, etc. Furthermore, these activities have increased by 50% since last year.

Distracted driving causes accidents in Jacksonville and elsewhere, that's a fact! The only way to make the roads safer is to put our phones down and focus on the road. Be there a law or not, for our own safety and that of our loved ones; put down your phone and just drive. If you or a loved one have been injured by a distracted driver, contact a Jacksonville Personal Injury Lawyer to discuss what legal remedies may be available to you.

If you would like further information regarding Personal Injury check out Apple Law Firm PLLC's website. If you would like to schedule a free consultation, contact my office directly at 904-685-1200.

Did you know that if you allow another to borrow your vehicle and they cause an accident you could be liable? If not, one better make sure they make responsible choices as to who they allow to drive. As a Jacksonville Injury Attorney, I hear about cases where a friend or parent allows their child or friend to drive their vehicle and this allowance winds up in an accident. Then, according to Florida law, the owner of the vehicle could be financially liable to the injuries and damages that have resulted.

Although this result may seem unfair, it has been on the Florida books since the 1920's. Florida's Dangerous instrumentality stems from the common law principle that an owner of a dangerous instrument or tool will be liable for the injuries or damages that result from said tool. In 1920, the Florida Supreme Court expanded the initial doctrine to include motor vehicles. Southern Cotton Oil Co. v. Anderson, 80 Fla. 469 (Fla. 1920).

Now, jump to 2012 and the Florida Supreme Court has expanded the Dangerous Instrumentality once again to include Farm Tractors. This finding stems from the case Rippy v. Shepard. In that case Rippy was injured while operating a farm tractor owned by Shepard. He sued Shepard for damages under the Dangerous Instrumentality Doctrine. However, both the lower court and the 1st DCA dismissed his case. The Supreme Court considered the case and ruled in favor of Rippy. The court in Rippy concluded that a farm tractor is undoubtedly a "motor vehicle," and that it has peculiarly dangerous qualities. Farm tractors may sometimes operate on or near public roads, so they may also pose a danger to public safety. For these reasons, the court held that the dangerous instrumentality applies to farm tractors as well as cars and other vehicles.

In Conclusion, one needs to be aware of those they allow to use their vehicles. It could be the difference between being liable or not!

If you would like further information regarding Personal Injury check out Apple Law Firm PLLC's website. If you would like to schedule a free consultation, contact my office directly at 904-685-1200.

Have you been injured by the negligence of another? Are you hurt and don't know your options? Were you injured in a car accident? If you answered "Yes" to any of these questions, you need to contact a Jacksonville Injury Attorney today! I can evaluate your case, determine the proper at-fault parties, and fight for the compensation you are entitled to. As a Jacksonville Injury Attorney, I hear cases all the time regarding the injury of a person by the actions of another. However, not all injuries are actionable. Therefore, in order to better inform Duval, St. Johns, Clay, and Nassau county injury victims, I will answer the most common question I am presented with; "Do I have a Negligence Action?"

Although every case is very fact specific, I will generalize a Negligence Action to give one a general understanding of how a Jacksonville Injury Attorney will evaluate your case. To have a successful Negligence Action, you must be able to prove four (4) main elements: (1) Duty, (2) Breach, (3) Causation, (4) Damages. Furthermore, a Negligence Action is a civil matter so the evidence presented must be proved by a preponderance of the evidence, not "beyond a reasonable doubt," as in Criminal law cases. The evidentiary standard is below that of Criminal Law and therefore the burden of proof is not as high.
The first element, Duty, has to be proven before a Negligence Action can begin. A Duty is a legal obligation of one party imposed upon another. For example, a driver of a vehicle owes a Duty to drive said vehicle in a manner so as not to cause injury or damage to another person or property.

The second element is Breach. The Breach element is related to Duty in how the at-fault party must have Breached their Duty to the injured victim. Simply put, the at-fault party must have acted in a manner that resulted in injuries or damages. An example would be if a driver ran their vehicle into the rear-end of another vehicle. Then the driver of the rear vehicle would have Breached their Duty to the injured driver in driving in a manner that resulted in injuries and damages to another.

The third element in a Negligence action is Causation. Causation must be proven in two different aspects: Proximate Causation and Actual Causation. Proximate Causation is proven using a foreseeability standard. Under this standard, a Jacksonville Injury Attorney must show the actions taken by the at-fault party resulted in the injuries sustained and that no other actions caused the damages. In contrast, Actual Causation is proven using a "But For" standard. Here the Injury Attorney must show but for the at-fault party's actions the injured party would not be damaged.

The fourth and final element is Damages. For Damages it must be proven that injuries or damages resulted. For example, medical bills, car repairs, etc.

If you would like further information regarding Personal Injury check out Apple Law Firm PLLC's website. If you would like to schedule a free consultation, contact my office directly at 904-685-1200.

Thursday morning. Just one more day until the weekend. This day started off like all others, but for a few students and the occupants of another vehicle this is a day that will not soon be forgotten. Around 7 a.m. at the intersection of Powers Ave. and Old Kings Rd. in Jacksonville a school bus struck another vehicle that turned in front of the bus. Luckily no one was seriously injured.

As a Jacksonville Injury Lawyer, I see these stories and really feel for the innocent victims. These students were on the way to a day full of education and enjoyment when a person, for an unknown reason, pulls in front of their bus. However, all is not lost for these victims. The could potentially have a Jacksonville Personal Injury case against the at-fault driver. Meaning, any lost wages, pain and suffering, medical bills, etc. could be recovered.

Therefore, if you or a loved one have been injured in an auto accident, contact a Jacksonville Personal Injury Lawyer today.

"Where you at" a seemingly innocent text that we have sent numerous times without a second thought. However, for Miss West this was the last text she read before swerving off the motorway and crashed. Miss West was said to graduate the following day. Although Florida does not have a law against texting while driving, the hazard still exists. Reports state someone on their cellphone are 23x more likely to be in an accident than a driver paying attention to the road.

As a Jacksonville Injury attorney I hear about cases all the time regarding an accident victim that has suffered severe injuries because of a distracted driver. Major cell phone companies have taken on a campaign to stop texting while driving with vivid commercials and articles. However, we continue to do it.

I urge all drivers to put down the phone and drive. There is not a text in this world that is worth the life of another or your own. So, although it is not technically illegal; let's act as though it is. Be safe Jacksonville.

If you or a loved one have been injured in an auto contact a Jacksonville Injury Lawyer today. I can evaluate your case, make the proper determination as to fault, and work diligently to get you the compensation you are entitled to.

Jacksonville Residents receive medical treatment all the time for one ailment or another. A majority of time we receive the proper treatment, get better, and move forward in our lives. Unfortunately, that is not always the case and serious adverse effects could result. A notable point, it is the practice of Medicine, like the practice of Law, no guaranteed results. In addition, the burden of proof remains with the plaintiff in this case. Florida Statute §766.102(3)(b) states, a medical injury does NOT create an inference or presumption of medical negligence, the plaintiff has "the burden of proving that an injury was proximately caused by a breach of the prevailing professional standard of care..."

Understanding the previous statements, Florida has regulated a medical malpractice action in Florida Statute §766. Within this statute the State has defined malpractice, the procedure, and general limitations on recovery.

Under Florida Statute §766, medical malpractice is defined as the negligent act or omission by a health care provider for the treatment or care of an individual that falls below the standard of care accepted by the medical community in the same field. Meaning, the plaintiff has to prove an act or there lack of that caused another injury that would be outside the "standard of care" as recognized by the local medical community. In a Florida Malpractice action four (4) elements must be proven:

1. A duty of care owed by the health care provider to the injured party.


2. A Breach of said duty by a failure to abide by the appropriate standard of care (set by medical community).


3. A Causal connection between said Breach and the patient's injury or death.


4. Damages must have resulted.

Florida has also regulated the procedure for bringing a Medical Malpractice action. According to statute, prior to filing an Action the Plaintiff must make a determination of reasonableness to their claim in that:

• Negligence exists on behalf of the Health Care Provider;


• That the Negligence caused the injuries alleged; and


• The Plaintiff has obtained a written opinion attesting to this fact by a medical expert.

After all of these elements have been satisfied the Plaintiff must give the Defendant 90 days notice before proceeding forward with the case. During this time the Defendant will conduct an investigation and make a determination as to the validity of the claim. The Courts also require pre-suit Discovery.

The final consideration in a Florida Medical Malpractice is damages. As a Jacksonville Injury Attorney this aspect is important. This factor will determine if a medical malpractice action is practicable. As a lawyer, one of the toughest parts of my job is telling a client that although they were injured there damages do not amount to enough to make litigation a viable option. What I mean is the cost of litigation, pre-suit investigation, hiring experts, medical records, etc. is very costly and if the client only suffered minor damages it might not be worth bringing an action. Basically, unless your damages are great you will spend more money on litigating than you will recover. In addition, Florida has set caps for recovery to between 200,000 and 750,000. Although these amounts may seem vast, they are relatively small when compared to the injuries the client suffers. A decision as to whether or not to bring an action should be discussed with your Jacksonville Injury Attorney.

A Jacksonville man was killed early Tuesday morning following a motorcycle accident. According to reports, the motorcyclist struck a truck that pulled in front of him on Heckscher Drive. The Accident is under investigation.

As a Avid Motorcycle rider myself, I feel for the family and friends of the man lost. When I hear stories about motorcycle accidents, I can only imagine what the families go through after hearing such devastating news. The accident took the life of a 22 year old Jacksonville man. He was riding his Suzuki motorcycle when a truck pulled out of a gas station in front of him. Reports state the motorcyclist tried to avoid the collision, but was unsuccessful. He was pronounced dead at the scene. His name is Erik Robert Rawling; he will be missed.

As time passes for the family of the victim, they may be faced with the difficult question of whether or not to file suit against the driver for causing the death of their son and loved one. Although no one should tell you the answer to that question, I will provide, however, some insight if the decision is made to bring a cause of action.

As a Jacksonville Personal Injury Attorney, I am the one the families turn to after tragedy has struck them. I work zealously to represent them and get the victim and their families the compensation they are entitled too. Therefore, in this case there is the potential for at least a Negligence Action and a Wrongful Death action. In either action, the successfulness of the action lies on the evidence, accident reports, and the full story of how the accident occurred.

In a Negligence Action four elements must be proven: duty, breach, causation, and damages. A duty is an obligation of one party on another to act in accordance with applicable standards of care. A breach occurs when a person acts in a manner that conflict with the applicable standard of care. Causation is two-fold. Both actual and proximate causation must be proven. Actual causation is determined on a "but for " standard whereas proximate causation is determined on a "foreseeability" standard. The last element to be proven is damages. If all these elements can be proven successfully and the court agrees, you have the potential to recover for your damages.

If you would like more information regarding a Jacksonville Injury case, contact a Jacksonville Personal Injury Attorney today. I can review your case, make the proper determinations as to fault, and work for you to get you the compensation you are entitled too.

Earlier this week the Driver of a motorcycle was killed and his passenger seriously injured following a collision with a VW in Miami, Florida. The identities of the victims have not been released pending notification of their respective families. According to reports, the two gentlemen on the motorcycle were in their 20s and the identity of the driver of the VW also has not been released as well. The accident is still under investigation and Florida Criminal Charges may be brought if the facts of the accident demonstrate wrongdoing.

As a Jacksonville Motorcycle Accident Attorney and an avid Motorcycle rider myself, hearing about motorcycle accidents hit close to home. I have personal knowledge of the dangers of riding on Florida's roadways and the carelessness of other driver's on the motorways. That is why it is important of all motorcycle riders to take extra precaution when out on Florida's motorways.

In this case the cause of the accident is still unclear. Some speculation has occurred as to whether the VW made an illegal turn in front of the motorcycle or if the motorcyclist was speeding. However, what is known is the impact was so severe that the vehicle was turned into a different direction. In addition, both riders were ejected from the motorcycle. Unfortunately, the driver was pronounced dead at the scene and the passenger was listed in critical condition.

One factor that allowed this accident to become so severe was the neither the driver or passenger had a helmet on. Although not determinative, it could have prevented the death of the driver or lessened the injuries of the passenger.

If you or a loved one have been injured in a Motorcycle accident, contact a Jacksonville Injury Lawyer today. I can review your case and work to get you the compensation you are entitled to.

Jacksonville Residents, we have all read about the multitude of illnesses that have stemmed from what seems likes a never ending cycle of Outbreaks linked to Cantaloupes. The CDC reports that approximately 178 people have fallen sick in 21 different states, 2 have died, and an additional 62 had to be hospitalized. As a Jacksonville Injury Attorney, these numbers are staggering; not to mention these are only the cases the CDC knows about. I am sure there a many more cases that just go unreported.

According to reports by the FDA, they identified an Indiana farm, Chamberlain Farms of Owensville, to be a potential source of this recent Salmonella Outbreak. The Farm had already begun a voluntary recall of their produce, however, the FDA has announced a formal recall. There intentions are to bring more awareness to this outbreak and hopefully prevent it from spreading any further.

As a Jacksonville Consumer, we use a multitude of products everyday. We expect a level of safety and security in the products that make it into the open market. Unfortunately, no matter what level of safety measures are taken some dangerous products will still make it into the marketplace. Therefore, if you or a loved on have been injured from a defective product, contact a Jacksonville Injury Attorney today.