Rosen Injury Blog

It’s important to note that you don’t have to prove that the negligent driver caused the entire accident—rather, that the driver caused your injuries. The burden of proof is by a preponderance of the evidence, which means that the evidence “more likely than not” tends to prove the preposition. Often the biggest part of a negligence…

An award for lost loss of earning capacity should consider the injured party’s diminished ability to earn income through the person’s entire life expectancy. Florida law allows compensation for loss of earning capacity if a car accident victim can demonstrate that his or her injuries are a significant factor in establishing the reasonable certainty…

Arbitration clauses are in many different areas of law, but they seem to hurt consumers in personal injury cases the most.  There are a number of reasons for this, and consumers should be aware of what they are signing when someone asks that they sign an arbitration clause. What is Arbitration? Arbitration is like…

Florida has a presumption in rear end accidents that, if a driver rear ends a car (i.e., a following driver collides with a leading car) the following driver is presumed to have been driving negligently and is thus at fault for the accident. This is a rebuttable presumption, which means that the following driver must bring enough…

Compensatory damages are the most common form of damages awarded to car accident victims in South Florida. There are two types of compensatory damages: economic and non-economic. A common misconception between the two forms is that non-economic damages are non-monetary awards. However, the key difference between the two is that non-economic damages compensate a…

Negligence plays a central role in determining fault and recovering damages after a car accident in Florida. If you’re asking, “How is negligence determined in Florida car accidents?” here’s what you need to know. In Florida, negligence in car accidents is determined by proving that a driver breached their duty of care, causing an…

If you’ve been involved in an accident in Florida and are partially at fault, you might wonder, “Can I recover money if I was at fault?” Here’s what you need to know. In Florida, you can recover money if you were partially at fault for an accident, as long as you are 50% or…

Boating can be a fun recreational activity. However, if you are injured while boating due to someone’s negligence, there is some important information you should know. What is negligence? Under the legal theory of negligence, a person is negligent when he or she fails to conform to a certain standard of conduct. If you…

If you’re an attorney in the state of Florida, then you’re going to want to read this! My firm, Rosen Injury Law has been getting a lot of calls for cases that are outside of our practice area. Cases like landlord-tenant law, will and trusts, criminal defense, labor and employment, and even real estate transactions. Our…

Most people don’t understand the importance of hiring a lawyer after an accident. However, there are a few main reasons why hiring an attorney after you’ve been injured in an accident is extremely important. For starters, the other driver who caused that accident, their insurance company is looking out for their best interest and making sure…