Recent Blog Posts
Medical Malpractice: What Is the Standard of Care and Why It Matters?
Suffering an injury while under the care of a medical professional can be a traumatizing experience. Whether it is during a surgical procedure or merely while at a dentist’s office, feelings of betrayal typically are immediate. A patient naturally puts his/her trust in the medical professional, and, if there is a preventable problem, the… Read More »
Qualifications for Medical Experts in Medical Malpractice Cases
When an individual is injured following medical care, many questions arise. Obviously, first and foremost is how to recover from the injury. Once recovered (or once the individual comes to the realization that recovery may be delayed or impossible), it becomes intuitive to address exactly what happened, and question whether the injury was preventable…. Read More »
Structural Design Flaws Can Be Deadly
When a building or other structure collapses, the initial concern is to account for all individuals known to be in or around the structure at the time of the collapse, and then to search for any unaccounted-for survivors. Once the health of each individual has been addressed, questions turn to whether the collapse was… Read More »
Personal Injury Lawsuits and Insurance Company Surveillance
When an individual is injured as a result of the actions of another, the injured party naturally wants to recoup some of the expenses incurred during recovery from the responsible person. Retaining the services of an attorney experienced in personal injury law can help in these situations. However, in many cases, the other party… Read More »
Is It Malpractice to Withhold Information about Treatment Options?
Patients must place their complete trust in their medical professionals. Conversely, it is also expected that a medical professional will educate his/her patient about the relevant medical conditions affecting him/her and the available treatment options. In most cases, medical professionals are thorough in their analysis and typically inform the patient about all treatment options…. Read More »
PWD Obtains 1.1 Million in Semi-Truck Crash Case in Pensacola
On the morning of September 28, 2017, a semi-truck driver created mayhem in Pensacola. The driver lost control of the truck while driving at an excessive speed. He was attempting to burn through a yellow light. The driver veered into oncoming traffic, first striking the side of one pick-up truck, then veered further, crushing… Read More »
Food Recalls May Lead to Liability for Manufacturers
While automobile recalls make the top stories on a regular basis, they are not the only recalls that consumers should think about. Numerous food recalls are instituted on a regular basis for a variety of reasons. They are so common that many of them go unnoticed by consumers. As a result, consumers may consume… Read More »
What If You Are at Fault for an Automobile Accident?
As many residents know, Florida is a no-fault car insurance state. Generally, this means that the operator of an automobile involved in an accident is expected to look towards his/her own automobile insurance policy for reimbursement for injuries, and not to the operator of the other automobile, regardless of who is at fault. However,… Read More »
Negotiating an Automobile Accident Settlement
Being involved in an automobile accident, unfortunately, is oftentimes the start of a frustrating experience. Dealing with both medical recovery, as well as with insurance companies, many individuals become thoroughly exasperated from the whole experience. However, not paying attention to the myriad of documents that accompany the accident can result in much more frustration… Read More »
Social Media and Your Personal Injury Lawsuit
Social media holds a very prominent place in society today. From posting pictures of meals to vacations to family members, many people spend so much time curating their social media presence many wonder how society functioned before. A lot of personal information about a person’s daily life and major events go on these platforms,… Read More »
Was Your Insurance Claim Denied in Bad Faith?
Insurance policies are intended to protect an individual against a substantial loss. Essentially, these contracts between policyholders and insurance companies set out the parameters that control when a loss can be reimbursed by the insurance company. If the policy is for an automobile, for example, the insurance company will typically pay out a reimbursement… Read More »
Suing for Surgical Errors
Undergoing a surgical procedure can definitely take its toll on a person, both emotionally and physically. While obviously the body experiences trauma, the psyche of the patient undergoes a lot of stress as well. Wondering whether the anesthesia will work, to the worry of whether the surgery will be successful, are but a few… Read More »
Who Is Responsible for Injuries at Sporting Events?
Watching a sporting event in person is, essentially, a time-honored tradition almost anywhere in the world. Hosting thousands of people at an arena is not a responsibility to be taken lightly, though, and many teams, and the owners of the arena, take every precaution possible to ensure that each spectator can enjoy the sporting… Read More »
How Long Will Your Personal Injury Case Take?
Being injured as a result of someone else’s negligence can be devastating and any delays associated with recovery can be equally hard to take. Not only can people become exasperated if they do not progress in their recovery timely manner, taking time off from life to allow the body to repair itself can become… Read More »
Is Your Child’s Car Seat Safe?
The law in Florida, as in most other states, requires children, either of a specified weight and/or height, when travelling in an automobile, be in a car seat. As a result, a car seat is a necessary purchase for a parent, and the parent must rely on the car seat to keep the child… Read More »
Suing for a Medical Injury to Your Baby
Having a child is, typically, one of the most joyous occasions in a parent’s life. Planning for the future, in which all avenues of life are possible, occupy the thoughts of many parents. All of these thoughts, however, can come to a crashing halt if there is a birth injury that renders a child… Read More »
Extending the Statutes of Limitations and Repose in Medical Malpractice Matters
Putting one’s trust into the hands of his/her medical professional is a leap that all patients must make when receiving medical care. In most cases, these medical professionals, as a result of their training, experience, and expertise, are able to perform their jobs admirably. However, they, like their patients, are also human, and are… Read More »
Liability for Injuries Caused by Playing Sports in School
Engaging in scholastic athletic events has many benefits for students. In addition to the obvious benefit of exercise, being on a sports team helps build lasting friendships with fellow teammates, allows one to experience working towards a goal and, finally, illustrates the benefits of merit-based rewards. While there is typically risk involved in any… Read More »
Baby Products Can Cause Significant Injuries
Although giving birth to and raising a child is generally considered to be the most rewarding aspect of adulthood, it comes with a high level of stress. Primary among these stress-inducing factors is the child’s safety. With a plethora of baby products on the market, both for the child’s amusement and for helping parents,… Read More »
Scooters, Scooters Everywhere
As with all things technology, these days, the introduction of new products is constant. While the first computer took years to develop, once personal computers hit the market, the public has been inundated with newer and newer versions on a more frequent basis. Similarly, the development of electric scooters is seeing the same pattern…. Read More »
Pita Weber Del Prado Recognized Again in Best Law Firms with US News & World Report
For 2019, Best Law Firms with US News & World Report again recognize Pita Weber Del Prado as a Top 1 Tier law firm for plaintiff personal injury litigation. This is the second year in a row that the PWD has received this recognition.
Can You Sue for an Amusement Park Injury?
Visiting an amusement park is almost a rite of passage for summertime enjoyment. In addition to generally enjoying the outdoors, amusement parks allow people to enjoy the perception of their bodies being placed at the edge of safety and the laws of gravity. While safety measures are in place to prevent injury, going to… Read More »
New Nursing Home Generator Rules Take Effect
As Floridians wrap up another hurricane season, it is important to take stock of the changes that occurred after Hurricane Irma last year, especially changes affecting nursing homes. After a horrific situation at the Rehabilitation Center at Hollywood Hills, in which multiple residents lost their lives as a result of extreme temperatures after the… Read More »
Attorney Skip Pita’s Recent Recognition
For the eighth straight year, the National Trial Lawyers Assoc. names Skip Pita a Top 100 Trial Lawyer in Florida for 2018. This ranking is based on rigorous peer review. For the second straight year, the National Trial Lawyers Assoc. names Skip Pita as a Top 25 Medical Malpractice Lawyer in Florida for 2018. … Read More »
Shannon Del Prado Listed in Best Lawyers in America For Eighth Straight Year
For the eighth straight year Best Lawyers in America with U.S. News & World Report recognized Shannon Del Prado for her high caliber work representing the injured in personal injury litigation. Shannon will again be recognized in the 25th Edition of Best Lawyers in America, published for 2019. This recognition is based on rigorous… Read More »
The Role of Expert Witnesses in Medical Malpractice Cases
Not everyone is comfortable with putting their lives into the hands of others, however, in some cases, doing so is the only option. Interacting with a medical professional is one of those times. And, if the medical professional fails to act in accordance with a proper standard of care, and violates the trust bestowed… Read More »
Which Law Controls Liability in a Boating Accident?
Enjoying the waters that Florida offers, whether it be the Atlantic, the Gulf, or the many lakes and rivers dispersed throughout the state, is one of the significant draws of Floridian summers, for residents and visitors alike. Operating a marine vessel, much like the operation of a motor vehicle, does carry with it some… Read More »
PWD Wins Jury Verdict Against Bike Tech for $801,000
Mr. R bought a special order, “Specialized” mountain bike from Bike Tech in 2016 for $7,500. Bike Tech is a Specialized dealer. When Mr. R picked up his new bicycle, Bike Tech set the suspension system for Mr. R’s weight. That means pressuring the suspension system with air. Bike Tech, however, ignored manufacturer specifications… Read More »
New Developments Reveal Complexity of Liability in FIU Bridge Collapse
Nearly six months out, there has been very little information regarding the collapse of the pedestrian bridge over U.S. 41 near the campus of Florida International University. In fact, it appears that both governmental authorities and private entities have been engaged in a collective effort to ensure that no news about the collapse is… Read More »
The Complexities of Determining Motorcycle Accident Liability
Operating a motor vehicle on the roadways will always carry some risk, and car and motorcycle accidents do happen. To reduce this risk, vehicle operators must conduct themselves according to a reasonable standard of care to ensure that not only do they not put themselves and their passengers in a dangerous situation, but that… Read More »
Why No-Fault Insurance is Bad for Floridians
Ever since Florida’s No-Fault Insurance scheme, with its Personal Injury Protection (PIP) requirement, was initially imposed on motorists in this State, repeated claims regarding cost-saving and litigation-reducing benefits continuously went unrealized. In fact, the opposite is true, as automobile insurance rates in Florida are among the highest in the nation, and there has been… Read More »
When Negligent Security Measures Lead to Injury or Death
Generally speaking, every property owner is under a duty to ensure that his/her property is safe from conditions that may cause injury to visitors to the property. This means that a property owner must routinely monitor the property and, if such a condition is found, take the necessary steps to correct the condition and… Read More »
Caring for Nursing Home Residents with Dementia
As one enters the twilight of one’s life, tasks which were considered perfunctory start to become difficult. Additionally, mental acuity starts to decrease. Unfortunately, diseases such as Alzheimer’s Disease (AD) can accelerate this decrease. Further, an elder individual’s family members may not be able to provide the necessary care for this family member, and… Read More »
Liability of Medical Professionals Who Ignore a Medical Emergency
When a medical emergency arises, those in need must place their full trust in the medical professionals who are attending to them, as, quite literally, their lives depend on it. Given the conventional wisdom that medical care in this country is generally considered to be the best on the planet, this trust is usually… Read More »
Invasion of Privacy as a Basis for a Medical Malpractice Claim
When consulting with a medical professional, patients typically must divulge extremely sensitive information about themselves. Additionally, any diagnosis of a patient involves further kinds of private information. Because of personal issues involved, federal laws, such as the Health Insurance Portability and Accountability Act (HIPAA), prohibit unauthorized distribution of a patient’s medical history. Further, the… Read More »
The Effect of Weather on Boat Accident Liability
Although the calendar is beginning its annual change from summer to autumn, here in Florida, spending time on the water is a nearly year-long pastime. In fact, while many Floridians may not spend time on the water in the winter months, many visitors from northern climes see the sun, sand, and surf of Florida… Read More »
Recovering for Automobile Accident Injuries
With over 20 million people, Florida is the third most populous state in the country. As such, its roadways see a lot of use. With all those vehicles on the roadways, accidents are bound to occur. Unfortunately, when an accident occurs, there is a chance of injury. Further, if someone else is responsible for… Read More »
Sovereign Immunity and Medical Malpractice
Every medical procedure carries with it some degree of risk, and a patient must place his/her trust in his/her team of attendant medical professionals that the procedure will go smoothly with no error. However, errors do happen, and, in some cases, depending on the circumstances, those errors may rise to the level of medical… Read More »
When Someone’s Negligence Injures Your Child
It is an innate desire for every parent to protect their child from harm. From educating them to not accept candy from strangers to disciplining them when they do something out of line, a good portion of childrearing is to hopefully avoid any harm that could befall a child. However, inasmuch as a parent… Read More »
Contractor and Subcontractor Liability for Construction Accidents
By their very nature, construction sites are fraught with peril. Whether the construction of a high-rise, or the demolition of an existing building, dangers abound, and the risk of an accident is great. When an accident occurs, sometimes, it is difficult to ascertain who or which entity is responsible, and retaining the services of… Read More »
When Can an Unnecessary Surgery Become a Medical Malpractice Claim?
In terms of physical trauma, not many experiences can approach surgery. From inducing a catatonic-like state through anesthetics to slicing an individual’s body open to remove or reconstruct a body part, it is no wonder that recovery even for minor surgeries takes a period multiple times longer than the surgery itself. Accordingly, surgery should… Read More »
Trampoline Park Accidents and Liabilities
In a never-ending quest for enjoyment of life, many Americans, including Floridians, are turning to trampoline parks for entertainment. These parks have seen a recent increase in popularity are turning what used to be primarily a backyard activity into an amusement park-like outing. Unfortunately, trampolining does carry with it a significant risk of injury…. Read More »
Medical Malpractice and the Failure to Monitor Prescription Medication
Medical professionals, due to their extensive training, are typically held to a higher standard when dealing with their clients, as compared to the duty store operators have to customers. It is because of this higher standard that patients trust their medical professionals to ensure that no harm is done to them during the course… Read More »
Product Liability Issues in Packaging
When people hear the phrase “product liability,” thoughts typically turn to products containing either design defects (defects as a result of the conception or development of a product) or manufacturing defects (defects as a result of the construction or assembly of a product). However, most states, Florida included, also include marketing defects as part… Read More »
Liability at Construction Sites
Construction sites are extremely dangerous locations. Consequently, safety preparations are one of the highest priorities for all people involved. Harnesses, hard hats, bright colored clothing, and the like just a few measures construction workers use to try to ensure safety. However, even with all the safety procedures, accidents do happen. In some cases, these… Read More »
Birth-Related Medical Malpractice
Welcoming a new family member is typically one of the most joyous occasions of a mother’s or father’s life. In most, if not all, situations, the stresses and pains of trying to get pregnancy, the pregnancy itself, and childbirth are all washed away the moment a parent comes face-to-face with his/her child. However, while… Read More »
Kidney Dialysis Errors
Unfortunately, many Americans suffer from kidney disease. In fact, kidney disease is the ninth leading cause of death in this country. Fortunately, due to the fact that persons have multiple kidneys, transplants of healthy kidneys to replace an unhealthy kidney is a not uncommon medical procedure. Even though the procedure is routine, mistakes can… Read More »
Retreads and Commercial Truck Accidents
Commercial trucks are the lifeblood of U.S. society. In conjunction with freight airlines and freight trains, commercial trucks serve to transport the vast majority of goods from coast to coast. Obviously, it is advantageous to transport these goods in as large a container as possible – hence the eighteen wheeler semi-truck. Unfortunately, transportation via… Read More »
Florida’s Malpractice Caps Take Another Hit
Medical malpractice actions in Florida are, in a word, convoluted. There are many hoops that a plaintiff must jump through before officially filing the lawsuit with a court. And, unfortunately for the plaintiff, it appears that the deck is stacked in favor of the medical professional. In fact, although having an attorney assist a… Read More »
Liability in Pool Accidents
Although Florida is blessed with an abundance of natural water, such as the Ocean, the Gulf, various rivers and lakes, and even underground aquifers, many Floridians also have, or have access to, pools. And now that summer is in full swing, pool activity is as popular as any other outdoor activity in this State…. Read More »
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