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Category Archives: Personal Injury

West Palm Beach Business Litigation Attorney 2023-01-26 16-48-30

What Happens When Both Parties Are At Fault In A Car Accident?

By Michael Pike and Daniel Lustig |

We tend to think of car accidents as being very black and white—one person is at fault, and another person is innocent or not at fault. And while many car accidents do work that way, the reality is that some cases aren’t so clear. In some cases, both sides may be at fault for… Read More »

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West Palm Beach Business Litigation Attorney 2023-01-26 16-48-30

Sovereign Immunity: Can You Sue The Government?

By Michael Pike and Daniel Lustig |

We are lucky enough to live in America, and often, we forget about the many liberties and freedoms that we have here in the USA. One such freedom is the freedom to sue your own government. That is rare in world civilizations. Rarely does just a common citizen get to sue his or her… Read More »

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Bed Sores And Decubitis Ulcers Can Be Deadly

By Michael Pike and Daniel Lustig |

You may be surprised to know that one of the deadliest, most dangerous, and most common nursing home injuries doesn’t come from any kind of abuse at all. Rather it comes from the complete opposite: Doing absolutely nothing. Bed Sores We’re talking about decubitus ulcers, otherwise commonly known as bed sores. Bed sores are… Read More »

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Managing Safety At Large-Crowd Events

By Michael Pike and Daniel Lustig |

We live in South Florida, and one of the great things about living here is the extraordinary amount of events that happen here. From concerts to fairs to festivals, almost every weekend of the year you can find something going on, and that’s not even counting our numerous sports teams. Unruly Crowds But with… Read More »

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Defective Airbags Can Cause Serious Injuries

By Michael Pike and Daniel Lustig |

What if you were told that something inside your car was dangerous—and potentially deadly to you? And what if you were also told that this exact same item was supposed to be there…and when working, actually saves lives? It almost sounds like a riddle. But we’re talking about an underrated feat of modern technology:… Read More »

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West Palm Beach Business Litigation Attorney 2023-01-26 16-49-13

Understanding Why Qualified Immunity Is So Controversial

By Michael Pike and Daniel Lustig |

We often hear about cases of police misconduct or police brutality in the news. But then we also hear about a concept called qualified immunity—a topic so debated, that it even has been mentioned in presidential candidate debates. But what is qualified immunity, and what does it have to do with police misconduct or… Read More »

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ChildHeadInjury

The Difficulties Of Diagnosis And Treatment Of Brain Injuries In Minors

By Michael Pike and Daniel Lustig |

You probably are already aware of the dangers of a brain injury when you are in an accident. From immediate brain damage, to a slow but deadly bleed, to long term cognitive, emotional and behavioral difficulties, traumatic brain injuries or TBIs can be catastrophic and lifelong. But while a lot of discussion is given… Read More »

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What Is The Eggshell Plaintiff Doctrine And How Can It Help Your Case?

By Michael Pike and Daniel Lustig |

We all have different bodies, and our bodies react differently to different injuries. Whether that’s because of age, some other medical condition, or just our own physiological makeup, everybody reacts differently, even to the exact same type of injury. Not Your Normal Reaction Let’s say, for example, you fall in a store and you… Read More »

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The History Of Personal Injury Lawsuits

By Michael Pike and Daniel Lustig |

Although now extremely common, especially in the United States, personal injury lawsuits in tort for monetary damages were virtually nonexistent before the Industrial Revolution of the 19th century. So where did they come from? See below for a brief history of personal injury lawsuits: In agrarian, pre-industrial societies where most people did not travel… Read More »

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Why Impairment Ratings And MMI Are Important In Your Injury Case

By Michael Pike and Daniel Lustig |

Many people after an accident, as they treat with their doctors, may eventually realize that they fully heal. That is, of course, the hope for all accident victims. But others will not fully heal. They will usually improve, slowly over time…and then, the improvement stops. It seems like they have gotten as healed and… Read More »

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Wrongful Death And Survivor Actions: What’s The Difference?

By Michael Pike and Daniel Lustig |

For many reasons, a typical accident or personal injury case can take many years to resolve. During that time, a lot of things can happen, including, sadly, the death of the victim. What happens to a personal injury case when a victim dies? The good news is that a victim’s case does not end… Read More »

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Facts And Faults About Crash Test Dummies

By Michael Pike and Daniel Lustig |

Every now and then, you see news reports with information about the safety ratings for cars. In these reports, you often see cars in a sterile and controlled environment being smashed in a number of ways. And inside those cars are fake humans—dummies. History of the Dummy You may already know that those dummies… Read More »

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Negligence

Negligence Per Se And Breaking The Law

By Michael Pike and Daniel Lustig |

When someone injures us, or when we want to sue them for negligence, we often say that they “broke the law.” But that’s not technically true. Laws are what are written in the legal books; they are codes and rules and regulations that are written by the government. Certainly, laws have to be followed…. Read More »

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Florida

Florida Department of Highway Safety and Motor Vehicles Highlights Major Accomplishments of 2022

By Michael Pike |

The Florida Department of Highway Safety and Motor Vehicles (FLHSMV) strives to create safer roadways for Florida drivers every year. This year, the FLHSMV has released a list of accomplishments that should make every Florida driver a little more proud. FLHSMV’s key accomplishments from the last year include: Secured Historic Pay Increases for State… Read More »

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News Article Highlights Why Malpractice Cases Are Tough To Win

By Michael Pike and Daniel Lustig |

Almost every personal injury case is difficult to win, or at least, to get a positive result. The law isn’t easy, and legal cases are complex. But there’s one area of the law that recently received some special attention from the news media because of the specific difficulties of winning: Medical malpractice. A Lot… Read More »

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Evidence That Should Be Admissible In Your Injury Case–But Isn’t

By Michael Pike and Daniel Lustig |

When your case is in court and it’s time to start presenting evidence to the jury, you may think that pretty much anything that helps your case, can be shown to the jury to convince them to find the facts your way. But that’s not quite how it works—there are a lot of things… Read More »

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Understanding The Relationship Between the Defendant, And Its Insurance Company

By Michael Pike and Daniel Lustig |

If you are in an accident and attend any kind of hearing or deposition in your case, you may notice that it isn’t just the defendant that is present. There is also an adjuster there. In fact, you may hear your own personal injury attorney talking about the defendant, the insurance company and the… Read More »

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How To Prevent The Most Common New Year’s Injuries

By Michael Pike and Daniel Lustig |

Another year is coming to an end, which means parties to celebrate the new year are coming up soon. Of all things to begin 2023 with, you don’t want it to be some sort of injury, so let’s talk about the most common injuries suffered on New Year’s and discuss tips for how to… Read More »

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What Is Your Role In A Personal Injury Mediation?

By Michael Pike and Daniel Lustig |

At some point in your personal injury case, you may hear your injury attorney telling you that the parties have agreed to go to a mediation, or else, that the court has ordered (required) that the parties go to mediation. But what is mediation, and why do you have to go? Alternative Dispute Resolution… Read More »

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Res Ipsa Allows You To Byass Requirement Of Proof In Injury Cases

By Michael Pike and Daniel Lustig |

Can you prove your personal injury case, without ever having to prove who did something wrong? That sounds like a riddle, but it actually explains a legal theory that is well known in personal injury law, called Res Ipsa Loquitur, or just “Res Ipsa.” Res Ipsa is used for circumstances where there is no… Read More »

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