The debate over the importance of the right to a jury trial began as a constitutional discussion over the rights of the individual versus the rights of the sovereign.  Tyranny was always a concern of the Founding Fathers and political philosophers of the age.  In 1789, Thomas Jefferson wrote: “I consider trial by jury as the only anchor ever yet imagined by man, by which a government can be held to the principles of its constitution.”  The right to trial was created to protect the individual citizen from the strength and power of the government and to prevent potential influence upon the judiciary by special interests.  In protecting individuals, the right to jury trial protects all of the citizenry. 

The Sixth Amendment of the U.S. Constitution reads: “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense .” While the right to a jury trial is guaranteed by the United States Constitution in criminal prosecutions, in Florida, the right to trial by jury in most civil cases is guaranteed by the Florida Constitution.  Article I, Section 22 of the Florida Constitution reads: “The right of trial by jury shall be secure to all and remain inviolate.  The qualifications and number of jurors, not fewer than six, shall be fixed by law.”

The importance of preserving our right to trial by jury cannot be overstated.  The jury is one of the last available ways to participate directly in our democracy.  When we receive our jury summons in the mail, many of us bemoan the fact that hours, days or weeks may be taken up by serving on a jury.  However, by serving on a jury, we are upholding and ensuring that our right to a trial by jury of our peers remains intact as envisioned by the Founding Fathers more than two hundred years ago. What better way to exercise our individual right to participate in democracy and to keep a check on “tyranny,” corporate influence and government abuse of power.

Reality, of course, is much different from television drama.  Many civil disputes are resolved before a lawsuit is even filed.  Of those that are filed, well over 9 out of 10 are settled without the client ever setting foot in the courthouse.  Florida has a very strong pre-trial mediation program.  This program is mandatory, and no case can go to trial in Florida without first going through the mediation process.  Trained mediators help the parties try to reach a compromise they can live with.  We have had great success in resolving cases through pre-trial mediation.

Of course, not every case settles before trial.  We have found that, after getting over the initial butterflies, our clients almost universally agree that the process is not as bad as they expected.  Palm Beach County is blessed with the finest judiciary in the State of Florida.  Our Judges do not allow the sort of behavior seen on television dramas, and the experience is simply not as nerve-wracking as TV would suggest.

Our lawyers have a vast amount of trial experience. Insurance companies and defense lawyers know this.

Our abilities in the courtroom allow us to resolve most of our cases before trial.  While it might be natural to have feelings against “going to court,” that should never be a reason for not pursuing a valid claim.

Florida case law provides that a private boat operator may be held financially responsible for his/her negligence. See Mihelich, etc. v. Travers, 889 So. 2d 837 (Fla. 5th DCA 2005). Although an “Act of G-d” defense (ie: bad weather) may present a valid defense, there are other factors to consider in determining whether the boat operator was negligent. For example, consider the boat owner who takes a friend out in his boat and the water gets very rough. Instead of turning back, or pulling onto the nearest dock, the boat owner decides to continue driving through the rough waters at a high rate of speed. He then drives directly through a large wave which causes his passenger to be thrown against the boat and sustain injuries. In this case, the boat operator may be found negligent for his failure to take action which likely would have prevented the passenger’s serious injuries. Regardless of the bad weather, he unreasonably failed to return to shore. If you are boating on the water, the operator of your vessel has an obligation to boat responsibly, provide occupants with life vests and follow the rules of the water. And other vessels have an obligation to boat responsibly so that everyone may enjoy their time on the water.

During 2008, the Coast Guard registered 3,331 injuries and 709 boating accident deaths. Boating under the influence contributed to 17% of these fatalities. From 2007 to 2008 The boating accident fatality rate increased from 5.3 to 5.6 deaths per every 100,000 registered recreational boats. Coast guard statistics show:

* 90 percent of drowning victims were not wearing life jackets.

* Alcohol was the leading contributor in nearly one-fifth of all boating fatalities.

* Only 14 percent of boating fatalities occurred on boats where the operator had received boating safety instructions.

* The most reported type of accident is collision with another vessel. However, capsizing and falls overboard are the most reported types of fatal accidents and account for the majority (60 percent) of boating deaths.

* Operator inattention, careless/reckless operations, excessive speed and passenger/skier behavior are the leading contributors to accidents.

Unfortunately, the vast majority of boating accidents are entirely preventable. Many collisions and accidents involving personal watercraft and other vessels are caused by negligence, intoxication, equipment failure, inadequate training, or weather and water conditions. The inexperience or the errors of the person operating the vessel also cause collisions. Under Florida law, boating operators and boat owners must display a great deal of responsibility and care in order to insure that swimmers, other boats, boat passengers, and others are not injured or killed. Boat responsibly. Wear a life jacket. Never boat under the influence. Take a boating safety course and get a free vessel check. The Statue of Limitations, which refers to the period of time within which a person must settle their case of file suit, is much shorter in water related accidents. Consult with an attorney immediately if you have a potential claim so you do not have your right to pursue this case barred as a matter of law.

Accident related statistics as well as safety tips can also be found on the Coast Guard’s website located at http://www.uscgboating.org/.

1. Safety helmets – Section 316.211 Equipment for Motorcycle and Moped Riders – Not required for those over the age of 21 with a minimum of $10,000 in medical insurance. Despite the fact that the law does not require the use of a helmet, it is without a doubt the single most important element of motorcycle safety. As trial attorneys, we have encountered those clients that have been involved in motorcycle accidents that, due to the use of a helmet, broke their bones but kept their brains intact. On the other hand, we have also encountered the tragic results of a catastrophic brain injury, and even death, which may have been prevented by the use of a helmet.

2. Licenses and Educational Requirements – Prior to their obtaining their license, the riders must pass a skill as well as a knowledge test. Florida will accept motorcycle endorsements from other states.

3. Eye protection – Eye protection is required by Florida law at all times while operating a motorcycle.

4. Daytime use of headlight – In order to maximize the motorcycle’s visibility to oncoming traffic, daytime use of headlights is required by Florida law, although a modulating headlight is permitted.

5. Passenger – A passenger seat, as well as passenger foot rest, are required for all passengers. There is no age restriction for motorcycle passengers.

6. Speakers – Motorcycle speakers, as well as helmet speakers, are allowed. On the other hand, earphones are illegal as they are obstructive to proper hearing of the motorcyclists.

7. Safety inspections – Florida has no periodic safety inspection requirement.

8. Mufflers – Pursuant to Florida Statute 316.293(5)(A), Noise Abatement Equipment Modifications – No person shall modify the exhaust system of a motorcycle or any other noise abatement device of a motorcycle operated or to be operated upon the highways of this state in such a manner that the noise emitted by the motorcycle is above that emitted by the vehicle as originally manufactured.

9. Insurance Requirements – The financial responsibility laws are unique in Florida as they apply to motorcyclists. Florida’s no-fault, or “PIP law”, is mandatory for cars and trucks. This coverage pays for the occupant’s first $10,000.00 or more in medical expenses. This law does not hold true for motorcyclists – Florida’s no-fault law is inapplicable to motorcyclists. On the other hand, the financial responsibility law does apply to all motor vehicles including motorcyclists. Thus, it is highly recommended that all motorcyclists purchase motor vehicle liability insurance. Failure to carry property damage and bodily injury insurance, in case of a crash, may result in possible license suspension.

10. Operation – Pursuant to Florida Statute 316.209, motorcyclists may operate two abreast in the same lane. Specifically, the statute states, “Motorcycles on Roadways Lanes of Traffic – (1) All motorcycles are entitled to full use of a lane and no motor vehicle shall be driven in such manner as to deprive any motorcycle of the full use of a lane. This subsection shall not apply to motorcycles operated two abreast in a single lane.”

On the other hand, motorcycle lane splitting is prohibited. Pursuant to Section 316.209(2), Operating Motorcycles on Roadways Laned for Traffic, “The operator of a motorcycle shall not overtake and pass in the same lane occupied by the vehicle being overtaken. (3) No person shall operate a motorcycle between lanes of traffic or between adjacent lines or rows of vehicles.”

Motorcycles are fun to operate and serve as an economical source of transportation. In order to stay safe and protect yourself, it is imperative to follow the laws of the road.

A personal injury attorney should take the stress off of your back so that you can focus on the most important thing – getting the proper medical treatment so you can get better. Some of these things that a personal injury attorney should do includes the following:

1. Assist with the completion of all of the paperwork that is necessary to file your claim.

2. Obtain all pertinent documentation and medical records.

3. Make sure that the appropriate amount of your medical expenses are reimbursed by the insurance company(s) that are obligated to pay those expenses.

4. Assist the filing of proper claim for any lost wages you may have sustained.

5. Investigate all possible insurance coverages available to you so that you are able to maximize your ability to be compensated for your losses including pain and suffering, lost wages, and past and anticipated future medical expenses.

6. Preserve critical evidence by photographing the accident scene, vehicular damage, and visible injuries; obtain witness statements, all tapes and any other tangible evidence that may disappear with time.

7. Handle all communication with the insurance company who may be attempting to take action which is contrary to your interests.

It is extremely important to promptly contact an attorney to discuss your rights if you have been injured as a result of the negligence of someone else. We often hear of claims where a representative from an insurance company tries to contact an injured victim before that person speaks with an attorney. Insurance adjusters and representatives often try to do so to obtain a quick, and unfair, settlement and release of your entire claim, and before you have had an opportunity to speak with an attorney who can explain all of your options. Remember, the initial consultation with a personal injury attorney is free, so there is no risk to you in educating yourself of your rights. We are a third generation law-firm that has been a fixture in the Palm Beach community for the past 82 years and look forward to the opportunity to explain your rights. Furthermore, if we do represent you in your case, we work on a contingency fee basis, which means we only get paid if we obtain a settlement or verdict for you.

At Lesser, Lesser, Landy & Smith we take drunk driving cases very seriously.  We vigorously pursue claims against drunk drivers in order to obtain justice for our clients.  Lisa is one such client we will never forget.  She sustained serious injuries due to the neglect of a drunk driver behind the wheel of an Enterprise rental car.  Attempts to settle her case for a fair figure were unsuccessful, so we did not hesitate to try her case to a Palm Beach County jury.  Lisa’s case, like most drunk driving cases, included claims against the drunk driver for both compensatory and punitive damages.  Florida law allows punitive damages to be awarded against a drunk driver in order to punish the drunk and to deter others.  In Lisa’s case the total verdict was $20.78 million. It is our hope that the publicity surrounding Lisa’s verdict will help serve as a wake-up call to drunk drivers.

If you or a loved one has been victimized by the acts of a drunk driver, call us.  We have the experience, the commitment, and the compassion to help.

Bodily injury liability insurance is coverage that pays for injuries or death to others when you cause a motor vehicle crash. Your insurance company will pay for injuries up to the limits of your policy and provide legal representation for you if you get sued. In particular, your company pays for injuries caused by you or members of your family who live with you, even if they were driving someone else’s vehicle. It may also cover others who drive your automobile with your permission. This coverage also provides you with a legal defense in the event you were sued by the injured party. This provides protection from claims for medical bills, lost wages, and pain and suffering.

In the event you cause an accident, failing to maintain adequate insurance coverage could have drastic consequences. It may result in the suspension of your operating privileges. It also may leave you facing a lawsuit, a potential judgment, and, ultimately financial ruin. Be smart and protect yourself by obtaining bodily injury coverage before it is too late to do so.

? About 4.5 million people are bitten by dogs each year.
? Almost one in five of those who are bitten require medical attention. In 2006, a total of 885,000 people required medical attention for dog bite-related injuries.
? In 2006, more than 31,000 people underwent reconstructive surgery as a result of being bitten by dogs.
? The average hospital stay reported for a dog-bite injuries was 3.6 days.

http://www.cdc.gov/HomeandRecreationalSafety/Dog-Bites/biteprevention.html

A dog attack incident can be both traumatic and costly to the victim. In Florida, a dog bite victim has several legal grounds to recover damages against the owner of a dog that attacks. One can recover damages incurred due to a dog attack under common negligence. Additionally, one can recover under the Florida dog bite statute. Under Florida Statute §767.04, strict liability is imposed upon dog owners for a bite that causes injury to a human being.

Strict liability is a legal doctrine that makes dog owners responsible for the damages their dogs cause regardless of any “fault” on their part. In other words, under the Florida Statute, it does not matter if a property owner unintentionally allowed a dog to escape the confines of his or her property prior to the dog biting a victim, the law imposes liability on the owner regardless of fault. Moreover, even if a dog showed no indication in the past of visciousness, the owner is still responsible if the dog bites a person.

Under Florida Statute §767.01, dog owners are liable for the damages their dogs cause to humans. In certain circumstances an aggressive dog may not bite, but may knock a victim to the ground or scratch a victim causing significant injury. In those circumstances, the dog owner is still strictly liable for the damages their dog causes under §767.01.

When man’s best friend becomes his enemy, victims who have injuries do have remedies under Florida law. While most dogs are peaceful, it is impossible to predict which ones are not. To avoid the great majority of dog related attacks, it is a good rule of thumb to always exercise caution and be respectful while around other people’s dogs. One should never approach a strange dog. It is important to know your rights in the event that you, a friend, or a loved one suffers from a dog attack. Lesser, Lesser, Landy & Smith has been handling dog bite cases for decades.

The Florida statutes regarding dog bites and dog attacks can be found at:

http://www.leg.state.fl.us/STATUTES/index.cfm?App_mode=Display_Statute&URL=Ch0767/titl0767.htm&StatuteYear=2008&Title=%2D%3E2008%2D%3EChapter%20767

For more CDC statistics on dog bites visit:

http://www.cdc.gov/mmwr/preview/mmwrhtml/mm5226a1.htm

At Lesser, Lesser Landy and Smith you will always speak with an attorney. Before hiring an attorney or law firm you have the right to know about your attorney’s experience in handling cases similar to yours. Questions to ask and have answered should include “How many cases like mine have you handled?” “How many like mine have you actually taken all the way to trial?” In all of our daily travels we see TV commercials, billboards, buses, taxis and benches that advertise for attorney services. You should not just hire an attorney because you have seen such advertisement, without first checking if the attorney or the law firm is best suited to representing you.

As an injured client, you have rights before and after you hire an attorney. These rights include knowing about the attorney’s experience and knowledge in handling cases similar to yours. You have the right to know who will be working with the attorney on your case. Will the attorney you hire send your case over to another attorney to handle? If so, you have the right to know about this possibility up front, and you should feel comfortable about this and to whom the case may be referred, before you sign the contract. You, as an injured client, have the right to know and approve of who will be working on your case. Some attorneys take and handle many cases, but few attorneys are prepared to actually file the lawsuit and take the case to trial. You have the right to know if your personal injury attorney or personal injury law firm will file the lawsuit and take the case to trial if the insurance company does not offer the money compensation you deserve.

Once you have hired a personal injury attorney and signed the contingency fee agreement, you have the right to know what is going on with your case at reasonable intervals. If you already have an attorney, stop and think, does my attorney keep me informed as to what’s going on with my case? Have I received copies of letters he or she has mailed out on my behalf? If not, you should contact your attorney and question the handling of your case and expect answers that are satisfactory to you.

If you’ve hired or are about to hire an attorney to represent you for personal injuries, you will sign a contingency fee contract. A contingency fee contract is one in which the attorney takes a percentage of the total recovery at the end of the case. This means that there is no need for an injured client to pay any money for legal services until the case is resolved. If there is no recovery, the attorney will take no fee. The percentage is usually a standard 33 1/3 % from the time the attorney is hired, up until the time the attorney files a Complaint and the defendant files an Answer. Then the fee goes up to 40%, where it remains. There are exceptions to these percentages, some are by law, or by agreement, and you should understand the fee arrangement and feel comfortable speaking with your attorney about the fees to be charged.

You have the right to know about how the attorney or law firm will handle the costs associated with your case. The costs associated with your case are generally those needed to get the case moving and into a position of settlement or trial. You may find that there are attorneys who will not file a lawsuit without asking for money from you up front. At Lesser, Lesser, Landy and Smith, we never ask you for any retainer or payment of money while the case is still pending. If we handle your personal injury case, we are prepared to front all the costs until the conclusion of the case. Before signing a contingency fee contract you should know how the costs are to be handled and paid.

Being injured is not fun. But you should feel confident in your attorney’s skill, and knowledge in handling your legal case, so you can concentrate on receiving the medical care you need. If you are already represented, but are not satisfied with the representation you have, or if you are in the process of hiring an attorney, the attorneys at Lesser, Lesser Landy and Smith are available to speak with you and discuss your rights as an injured client.

The third element of a strong personal injury case is collectability. Collectability is defined as the defendant in the case making good on the judgment that has been handed down by the judge presiding over the case. A judgment can include a lump sum of money owed to the plaintiff, services performed as compensation, or another method of payment. In a majority of cases, a plaintiff will not be able to collect on the judgment because the defendant does not have enough money at the time of the judgment to pay the plaintiff. Some states will allow a judgment to accrue interest until it is paid off completely. This in turn will give the plaintiff more money once the final amount is paid off.

If one or more of the above items is missing from a personal injury case then it will not hold up in a court of law or even in mediation or arbitration meetings. An attorney will advise his or her client against filing a personal injury lawsuit if collectability isn’t present of if the plaintiff will have trouble proving liability of the defendant in the case.