Recent Blog Posts
Settling a Nursing Home Abuse Claim
Making the decision to transfer a loved one to the care of a nursing home is never easy. Many feel as though they are letting the family member down by turning him/her over to the care of the facility. In some cases, the patient himself/herself can get depressed, as they realize that they are… Read More »
Arbitration in Medical Malpractice Cases
There is a certain degree of trust which must be placed into a medical professional each time a patient undergoes a procedure or receives treatment. Thankfully, errors involving medical professionals are far and few between in this country, but when they do happen, the consequences can be devastating. Retaining the services of an experienced… Read More »
Suing a Bicycle Manufacturer for an Injury
More and more individuals are realizing the healthful benefits of bicycling, resulting in more intense bicycle rides. And while the wind rushing through one’s hair on a weekend ride or as part of the daily commute is a freeing experience, bicycles can still present their share of problems. Most are built sturdy enough to… Read More »
Proving Fault in Rear-End Collisions
Accidents happen every day. Nowhere is this more prevalent than when operating a vehicle. Further, more car accidents involve rear-end collisions than any other category. Unfortunately, being involved in a rear-end collision is never a good experience. Whether the victim of the accident or the vehicle operator being held responsible, both parties are likely… Read More »
Suing a Midwife for Malpractice
Although it is one of the most joyous occasions around, giving birth to a child is, unfortunately, accompanied by risk. Although the medical system in the United States is advanced, and has severely reduced the issues of childbirth injuries, they still can occur. Some women, though, are opting for less invasive options for childbirth… Read More »
Damages in Personal Injury Cases
Suffering a preventable injury at the hands of another individual can be a very frustrating experience. Recovery from the injury itself can take time, depending on the seriousness. Recovery can involve visits to various medical professionals and specialists, including physical and/or mental therapy sessions. Once recovery is underway, eventually, the invoices start to appear…. Read More »
PWD Recovers $1 Million in a Single, Roll-Over Trucking Case
PWD Recovers $1 Million in Trucking Case from Blanco Transfer On June 1, 2017, Mr. Exposito, a trucker, picked up a loaded trailer from a vendor – Blanco Transfer — in Miami and headed to Sarasota. After getting off of I-75, Mr. Esposito executed a left turn. During the turn, the trailer and tractor… Read More »
The Risk of Neurological Injury during Childbirth
Although it may seem cliché, almost every parent states that the birth of a child is the best day in his/her lifetime. And, it should be a cause for celebration, enjoyment, and pride. However, while most childbirths in this country proceed without a hitch, unfortunately, childbirth always has some risk, and, in some cases,… Read More »
Lack of Oversight in Nursing Home Neglect Cases
Nursing home residents often have to rely on others for basic needs. Fortunately, many nursing homes realize this and do what they can to ensure the emotional and physical well-being of their residents. However, some do not, and, in fact, neglect their residents, allowing them to suffer injury and death. If this occurs, retaining… Read More »
Congrats to Judge Del Rio on a successful campaign!
Shannon Del Prado and Skip Pita with newly elected Judge Vivian Del Rio and spouse, Christian Del Rio. All attended the Miami Dade Presidential Gala last Saturday. (Shannon is a past President)
Understanding Proximate Cause in Medical Malpractice
Seeing a medical professional for treatment or consultation is typically not a pleasant experience. When a patient enters the examination room, and the medical professional shows up, it can feel as if he/she is prying into every aspect of the patient’s personal life. While this intrusion is true, it is also necessary to begin… Read More »
Crime, Foreseeability, and Negligence Claims
Property owners, especially those who invite individuals to enter onto their premises, have a general duty to ensure that the property is a safe condition to guard against injury. This includes not only businesses, but also private property owners who may have visitors over for a Christmas dinner. Failure to maintain the property in… Read More »
Liability for Leaving Objects in a Patient’s Body
Undergoing a medical procedure, such as a surgery, necessarily involves risk. Even if considered “non-invasive,” a surgery will always require entry into the patient’s body, and whether it is a medical professional’s hand, a medical instrument, or even air, the inside of the patient’s body will come into contact with something foreign to it…. Read More »
Who Has Liability in Self-Driving Car Accidents?
Driving may be part of everyday life in most of America, but that does not remove the risk that is present every time someone gets behind the wheel. Although speed and road conditions are always factors when vehicles collide, in most cases, operator error is to blame. When an accident does occur, and someone… Read More »
Can Zoos Be Liable for Patron Injuries?
Taking a trip to the zoo can be a worthwhile experience for all involved. While children and adults are always intrigued at seeing exotic animals, children, naturally, take things a step further, reveling in the sheer enjoyment of what must be like a trip to an amusement park. In some cases, however, zoo visitors… Read More »
Suing for Chiropractor Injuries
When suffering from physical issue, condition, or disease, most individuals put their trust in the abilities of the medical profession to diagnose and correct the problem. And, in the majority of instances, this trust is well-placed. However, options for treatment are not necessarily limited to doctors and hospitals, and many turn to other practitioners,… Read More »
Resolving an Insurance Dispute Outside of Court
No one wants to deal with insurance companies. Considered a necessary evil, while individuals realize they need insurance, and, in some cases, are required to have insurance, these same individuals also have come to loathe dealings with insurance companies, primarily because, at least perceptively, insurance companies seem quick to deny every claim made on… Read More »
Medical Malpractice for a Medication Error
When a patient visits his/her medical professional, there is almost always some medical issue prompting the appointment. In cases where surgery is not appropriate, many medical professionals will typically prescribe medication for the patient. It is extremely important that the prescribed medication be the appropriate medication for the complained condition, as an error in… Read More »
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 »
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