Articles Tagged with negligent

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You’re finally going on the family vacation of your dreams, a 7-night cruise throughout the Bahamas, but the excitement is cut short when a family member slips and falls while onboard.

So, what exactly can you do?

In 2016, the United States cruise industry had a $126 billion worldwide economic impact. The Cruise Lines International Association reports that 24.7 million passengers sailed the seas in 2016, and an estimated 27.2 million are expected to cruise before the end of 2018. While cruising provides a unique opportunity to see more than one geographical location within a short period of time, this luxury does not come without risk. Amidst the glamour and festivities is a masked truth that all passengers are still aboard a moving vessel weighing hundred of thousands of tons. Passengers, however, are not the only class of persons who may receive monetary damages from a cruise line if injured on board.

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Everyone makes mistakes, even doctors. Unfortunately, however, when a doctor makes a mistake, the damage is often irrevocable. While no amount of money can completely erase any damages caused by these mistakes, money is usually the only available remedy.

For more than a decade, Florida law has had placed a cap on the amount of money that patients can recover from medical malpractice suits against a doctor. Patients or loved ones seeking non-economic damages for pain and suffering have been limited to recovering $500,000. Compensation for economic damages, however, has remained unlimited. In other words, if you or your loved one was injured severely due to a doctor’s mistake, and it resulted in pain and suffering (e.g., mental anguish, emotional trauma, etc.), the amount of compensation available has been restricted.

As of June 9th of this year, this is no longer the law. The Florida Supreme Court, in a 4-3 decision, found these caps to be unconstitutional. It reasoned that the caps on non-economic damages arbitrarily decreased the monetary amount that could be awarded to persons who have suffered the most drastic injuries without actually taking into consideration the severity of the injury. The Supreme Court ruled that this violated equal-protection rights.

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According to the U.S. Center for Disease Control, sports are second only to motor vehicle crashes as the leading cause of concussions for people between 15 and 24 years old, and the number of concussions is on the rise. Parents, schools,  day care centers, and sports coaches better understanding the serious long term risks that come with brain injuries and being more likely to seek medical attention after head injuries. To avoid injuries, adults can not just pa attention to what happens on a sports field, but also keep children from getting hurt in backyards, on playgrounds, in parks and at school.

Recognizing the dangers and the signs of serious brain injuries is important. While head injuries are common and usually minor, some children– including those that appear to be well immediately after the head trauma actually have more severe injuries. These children are at risk for their condition to deteriorate or also suffer significant chronic complications that stem from that injury. In fact, despite better initial recognition of brain injuries, many adults underestimate how much recovery time is necessary after a suspected concussion, or the children themselves say they feel fine and ask to return to normal activities.

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