West Palm Beach Personal Injury Law Firm

Overview of Florida Tort Law

Oct 17, 2018 • Clark Fountain Staff

What Is Tort Law? The term “tort” broadly refers to deliberately committed, wrongful actions (also known as “civil wrongs”) that infringe on the rights of others. In the state of Florida, “tort law” ...

The Week in Torts - Cases from the Week of September 14, 2018

Oct 15, 2018 • Clark Fountain Staff

FLORIDA LAW WEEKLY VOLUME 43, NUMBER 37 CASES FROM THE WEEK OF SEPTEMBER 14, 2018 TRIAL COURT DID NOT DEPART FROM ESSENTIAL REQUIREMENTS OF LAW IN DISQUALIFYING LAW FIRM REPRESENTING PLAINTIFF, WHERE ...

How Does Florida Sovereign Immunity Law Affect Your Lawsuit?

Oct 12, 2018 • Clark Fountain Staff

In general, tort law recognizes that you are liable for injuries that another person sustains as a result of your negligent actions. So who can be liable for negligence? Individuals, corporations and ...

Florida Drivers Again Named Among Worst in Nation: Here's Why

Oct 11, 2018 • Clark Fountain Staff

Auto accidents, dangerous drivers, and roadway risks are potential hazards nearly anywhere in the U.S., but in Florida, they seem to have become a way of life. That’s according to a new study ranking ...

The Week in Torts - Cases from the Week of September 7, 2018

Oct 9, 2018 • Clark Fountain Staff

FLORIDA LAW WEEKLY VOLUME 43, NUMBER 36 CASES FROM THE WEEK OF SEPTEMBER 7, 2018 SUPREME COURT REVERSES DISMISSAL OF A MEDICAL MALPRACTICE CLAIM IN PRESUIT, FINDING EXPERT’S AFFIDAVIT CONTAINED ...

Florida's Impact Rule: No Harm, No Distress

Oct 2, 2018 • Clark Fountain Staff

After being in an accident of any sort, it is common for survivors to experience significant emotional pain and suffering. However, due to Florida’s impact rule, seeking noneconomic damages for such ...

The Week in Torts - Cases from the Week of August 31, 2018

Oct 1, 2018 • Clark Fountain Staff

FLORIDA LAW WEEKLY VOLUME 43, NUMBER 35 CASES FROM THE WEEK OF AUGUST 31, 2018 NO ABUSE OF DISCRETION IN THE AWARD OF A 2.0 CONTINGENCY FEE MULTIPLIER--RISK MULTIPLIERS ARE NO LONGER LIMITED TO RARE ...

How the Medical Device Industry Fails to Protect Patient Safety

Sep 25, 2018 • Clark, Fountain, La Vista, Prather & Littky-Rubin

If you pay attention to the news, you’ll see that recalls issued for consumer products, foods, pharmaceutical medications, and medical devices happen on a daily basis. While some of these recalls ...

When Can I File a Lawsuit for My Personal Injury?

Sep 24, 2018 • Clark, Fountain, La Vista, Prather & Littky-Rubin

Under Florida Law, there is no criteria that must be met in order to file a lawsuit for a personal injury you sustained. The only exception is when it comes to injuries suffered in a motor vehicle ...

The Week in Torts - Cases from the Week of August 24, 2018

Sep 21, 2018 • Clark Fountain Staff

FLORIDA LAW WEEKLY VOLUME 43, NUMBER 34 CASES FROM THE WEEK OF AUGUST 24, 2018 TRIAL COURT DID NOT ABUSE ITS DISCRETION IN REFUSING TO EXCUSE FOR CAUSE A JUROR WHO WORKED AS A PROSECUTOR FOR STATE ...

Commercial Trucking Regulations: Understanding the Obligations of Trucking Companies

Sep 19, 2018 • Clark Fountain Staff

Commercial trucks and tractor-trailers are the largest and most dangerous vehicles on public roads. Weighing as much as 80,000 pounds, slow to stop, and difficult to maneuver, commercial vehicles pose ...

The Week in Torts - Cases from the Week of August 17, 2018

Sep 14, 2018 • Clark Fountain Staff

FLORIDA LAW WEEKLY VOLUME 43, NUMBER 33 CASES FROM THE WEEK OF AUGUST 17, 2018 TRIAL COURT ERRED IN AWARDING SECTION 57.105 FEES WITHOUT MAKING FINDINGS BASED ON SUBSTANTIAL COMPETENT EVIDENCE IN THE ...

Ford Recalls Two Million F-150 Trucks due to Seatbelt Fires

Sep 11, 2018 • Clark Fountain Staff

Last week, Ford announced a recall of approximately two million of its F-150 pickup trucks after learning that the pretensioner (a seatbelt component) can cause a fire if the vehicle is involved in a ...

The Week in Torts - Cases from the Week of August 10, 2018

Sep 11, 2018 • Clark Fountain Staff

FLORIDA LAW WEEKLY VOLUME 43, NUMBER 32 CASES FROM THE WEEK OF AUGUST 10, 2018 SITTING EN BANC , THE THIRD DISTRICT HELD THAT IN ORDER FOR A CONTRACT TO BE RESCINDED ON THE BASIS OF UNILATERAL ...

The Week in Torts - Cases from the Week of August 3, 2018

Sep 6, 2018 • Clark Fountain Staff

TRIAL COURT ERRED IN AWARDING A LESSER AMOUNT OF COSTS ASSOCIATED WITH FEE CLAIM BECAUSE ATTORNEY WAS AWARDED SIGNIFICANTLY LESS THAN THE AMOUNT HE SOUGHT--A PARTY WHO RECOVERS JUDGMENT IS ENTITLED TO ...

Scaffolding Accident in Orlando Leaves Two Workers Dead

Sep 5, 2018 • Clark Fountain Staff

Recently, a construction accident in Orlando resulted in two fatalities when the scaffolding on a construction site collapsed. Our thoughts and prayers go out to the families of the deceased workers, ...

The Week in Torts - Cases from the Week of July 27, 2018

Aug 31, 2018 • Clark Fountain Staff

FLORIDA LAW WEEKLY VOLUME 43, NUMBER 31 CASES FROM THE WEEK OF AUGUST 3, 2018 TRIAL COURT ERRED IN AWARDING A LESSER AMOUNT OF COSTS ASSOCIATED WITH FEE CLAIM BECAUSE ATTORNEY WAS AWARDED ...

Wrongful Death Lawsuits in Florida: 5 Things You Need to Know

Aug 28, 2018 • Clark Fountain Staff

As personal injury lawyers, wrongful death lawsuits are some of the most difficult cases we handle at Clark, Fountain, La Vista, Prather, Keen & Littky-Rubin, both in terms of their emotional impact ...

The Real Cause of Many Boating Accidents

Aug 27, 2018 • Clark Fountain

Our firm has a long history of handling boat accident cases caused by irresponsible people at the helm, but not all boating accidents, injuries and deaths are the operators’ fault. Many times, a ...

The Week in Torts - Cases from the Week of July 27, 2018

Aug 24, 2018 • Clark Fountain Staff

FLORIDA LAW WEEKLY VOLUME 43, NUMBER 30 CASES FROM THE WEEK OF JULY 27, 2018 DISMISSAL OF COMPLAINT TOO SEVERE A SANCTION FOR THE PLAINTIFF’S ATTORNEY’S FAILURE TO COMPLY WITH COURT ORDERS, WHEN THE ...

Is Your Personal Injury Case Valid & Worthwhile?

Aug 23, 2018 • Clark Fountain Staff

When you want to file a personal injury claim , you might be met by an insurance company that quickly calls your lawsuit “frivolous” or invalid. What does this mean, and should you be concerned about ...

Personal Injury Law: What are Catastrophic Injuries?

Aug 20, 2018 • Clark Fountain Staff

Personal injury cases can involve a wide range of situations, accidents , injuries, and consequences for victims, which is why many in the legal profession may choose to differentiate some of the most ...

Seven Clark Fountain Attorneys Included in U.S. News' Best Lawyers List for 2019

Aug 14, 2018 • Clark Fountain Staff

We are proud to announce that seven of our firms’ attorneys have been selected for inclusion in the prestigious publication The Best Lawyers® in America. Partners Mark W. Clark, Donald R. Fountain, ...

The Week in Torts - Cases from the Week of July 20, 2018

Aug 7, 2018 • Clark Fountain Staff

FLORIDA LAW WEEKLY VOLUME 43, NUMBER 29 CASES FROM THE WEEK OF JULY 20, 2018 TRIAL COURT APPLIED THE WRONG LEGAL STANDARD IN EVALUATING A MOTION FOR NEW TRIAL (PROPER STANDARD IS WHETHER THE JURY’S ...

The Week in Torts - Cases from the Week of July 13, 2018

Aug 3, 2018 • Clark Fountain Staff

FLORIDA LAW WEEKLY VOLUME 43, NUMBER 28 CASES FROM THE WEEK OF JULY 13, 2018 HIGHLY PREJUDICIAL AND INFLAMMATORY COMMENTS MADE BY INSURED’S COUNSEL BOTH IN CLOSING, AND DURING QUESTIONING OF THE ...

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