Lawsuit & Litigation

Palm Beach County Court Backlogs and Personal Injury Cases

June 10, 2025 | Wolfson & Leon

If you have a personal injury lawsuit in Palm Beach County – whether from a car accident, slip and fall, or another incident – you may be wondering why your case is taking so long. You’re not alone. The civil courts in Palm Beach County (covering areas like West Palm Beach, Boca Raton, Boynton Beach, Delray Beach, and Wellington) are dealing with an unprecedented backlog of cases. Pandemic-related court shutdowns and a surge of new filings created a traffic jam in the justice system. Even as courts reopen fully, judges are juggling thousands of pending cases, and it’s causing significant delays for injury victims seeking justice. In this blog, we’ll break down what’s going on with the backlog, how it impacts personal injury cases, and why having an experienced Palm Beach personal injury lawyer on your side is more important than ever.

The Civil Court Backlog in Palm Beach County: Causes and Context

Palm Beach County’s civil courts have been overwhelmed by a backlog of cases in recent years. When COVID-19 hit, courts across Florida paused jury trials for months to protect public health. This pause meant no civil trials – effectively freezing many personal injury lawsuits in place. By the time courts started resuming normal operations, thousands of cases had piled up in the queue. Adding to the strain, there was also a flood of new lawsuits filed during and after the pandemic. Foreclosure cases, contract disputes, debt collections, and personal injury claims all surged as people sought legal recourse wptv.com. According to Florida’s Trial Court Budget Commission, the statewide case backlog swelled to about 1.14 million pending cases at its peak wptv.com. In Palm Beach County alone (Florida’s 15th Judicial Circuit), roughly 67,000 cases were stuck waiting for trial by early 2021.

Discount Store Accidents and Injuries in Florida

September 3, 2024 | Wolfson & Leon

In the landscape of discount retail, several major players have carved out significant market shares by catering to budget-conscious consumers. Among these, Dollar General, Family Dollar (part of Dollar Tree), Dollar Tree, and Five Below stand out as prominent chains, each with its unique business model and customer base. Additionally, independent or smaller chain “dollar stores” contribute to the broader discount retail market. This article provides an in-depth comparison of these retailers, examining their store counts, sales figures, financial performance, security measures, and the frequency of personal injury lawsuits they face.

Store Count and Sales Performance

Dollar Store is a generic term that refers to independent or smaller chain discount stores. The size, number of locations, and financial performance of these stores can vary widely. These stores generally follow a similar pricing model to Dollar Tree, with items typically priced at $1 or slightly above.

The Investigation Process for Personal Injury Claims in Florida Truck Accidents

July 25, 2024 | Wolfson & Leon

Truck accidents often result in severe injuries and fatalities due to the massive size and weight of commercial trucks. When these accidents are caused by the negligence of truck drivers, victims have the right to seek compensation through personal injury claims. A crucial component of a successful claim is a thorough and meticulous investigation process. This article explores the various stages of evidence gathering, the role of accident reconstruction experts, and how these experts contribute to pursuing a claim for injuries in a truck accident.

Evidence Gathering in Truck Accident Investigations

A – Pre-Litigation Evidence Gathering

How to Maximize Your Free Consultation with a Personal Injury Attorney

May 24, 2024 | Wolfson & Leon

When you’ve been injured due to someone else’s negligence, it can be a daunting experience. The physical pain, emotional stress, and financial burden can be overwhelming. In Florida, like in many states, personal injury attorneys often offer free consultations to help you understand your rights and options. To make the most of this opportunity, it’s crucial to prepare effectively and know what to expect. Here’s a comprehensive guide on how to maximize your free consultation with a personal injury attorney in Florida.

Understand the Purpose of the Consultation

A free consultation is your chance to discuss your case with a legal professional without any financial commitment. The attorney will evaluate the details of your case to determine if it has merit and explain the legal process involved. It’s also an opportunity for you to gauge whether the attorney is the right fit for your needs. This initial meeting sets the tone for your potential working relationship, so approach it with an open mind and clear objectives.

Demystifying the Personal Injury Claims Process in Miami: A Comprehensive Guide

May 1, 2024 | Wolfson & Leon

In the aftermath of an accident, navigating the personal injury claims process can seem like an overwhelming and daunting task. From understanding the various stages involved to meeting deadlines and communicating with insurance companies, there’s a lot to consider. At Wolfson & Leon, our personal injury lawyers in Miami are here to demystify the process and provide you with the guidance you need to pursue the compensation you deserve.

Understanding the Stages of a Personal Injury Claim

1. Initial Consultation: The process typically begins with an initial consultation with a personal injury lawyer. During this meeting, you’ll discuss the details of your accident, injuries, and potential legal options. The attorney will evaluate your case and advise you on the next steps to take.

Punitive Damages in DUI Injury Cases

April 17, 2024 | Wolfson & Leon

In a tort case (GISELLE GATTORNO and DAVID IGLESIAS, Appellants, v. STEVEN SOUTO, Appellee. 3rd District. Case No. 3D23-0639. L.T. Case No. 21-22353. March 27, 2024) involving a pedestrian struck by a vehicle, the plaintiff sustained permanent and severe injuries when he was pinned between two vehicles after the defendant reversed out of a parking space. The plaintiff sought punitive damages, alleging that the driver was intoxicated when she struck him with a car owned by a codefendant. The trial court permitted the plaintiff to amend the complaint to include the claim for punitive damages. Upon review, it was determined that the trial court appropriately considered and weighed the evidence presented by both parties, acting as a factfinder and fulfilling its role as a gatekeeper. Consequently, the trial court’s decision to grant the plaintiff’s motion for punitive damages was deemed appropriate, as the plaintiff provided a reasonable evidentiary basis for such recovery.

In Florida, punitive damages serve not to compensate the plaintiff further but to penalize the defendant for wrongful behavior and to discourage similar actions by them and others in the future (Manheimer v. Fla. Power & Light Co., 48 Fla. L. Weekly D1495, 2023 WL 4919540, at *2 (Fla. 3d DCA Aug. 2, 2023), quoting Owens-Corning Fiberglas Corp. v. Ballard, 749 So. 2d 483, 486 (Fla. 1999)). Section 768.72(1) outlines that in any civil action, punitive damages can only be pursued if there is sufficient evidence in the record or presented by the claimant to justify such damages. Essentially, the statute requires the trial court to act as a gatekeeper, preventing claims for punitive damages where there is no reasonable basis for recovery (KIS Grp., LLC v. Moquin, 263 So. 3d 63, 65 (Fla. 4th DCA 2019)). This role is crucial because punitive damages significantly impact litigation, exposing the defendant to financial scrutiny and potential uninsured losses (Manheimer, 48 Fla. L. Weekly D1495 at *2). In determining whether punitive damages are warranted, the trial court must carefully evaluate the evidence presented by both parties, weighing each party’s submissions and acting as a factfinder (Manheimer, 48 Fla. L. Weekly D1495 at *3). However, the statute does not demand that plaintiffs prove entitlement to punitive damages by clear and convincing evidence at the pleading stage, as imposing such a requirement would undermine the statute and hinder a claimant’s ability to seek punitive damages (Deaterly v. Jacobson, 313 So. 3d 798, 801 (Fla. 2d DCA 2021)).

Giselle Gattorno and David Iglesias, who were defendants in the lower court, are appealing a nonfinal order that granted Steven Souto’s motion to amend his complaint to include a claim for punitive damages. The appellants argue that the trial court made an error in allowing the amendment, stating that Souto failed to present sufficient evidence to justify the claim for punitive damages, as required by section 768.72(1) of the Florida Statutes (2021). The lawsuit stems from an incident in which Gattorno, driving Iglesias’ car, reversed out of a parking space, causing Souto severe injuries. Souto sued Gattorno and Iglesias for negligence, alleging that Gattorno operated the car negligently and that Iglesias, as the car owner, was vicariously liable.

Common Mistakes to Avoid When Choosing a Personal Injury Law Firm in Florida

April 11, 2024 | Wolfson & Leon

Selecting the right personal injury law firm is a crucial decision that can greatly impact the outcome of your case. In Florida, where accidents are unfortunately common, it’s essential to have reliable legal representation to ensure you receive the compensation you deserve. However, many people make mistakes when choosing a personal injury law firm, which can have serious consequences for their case.

It is a decision that is as serious as selecting the best surgeon or specialist for your child’s critical condition. In light of the importance of making the right decision, it is informative to look at the mistakes people make when selecting the best Florida personal injury law firm for their case.

Types of Claims and Injuries That You May Need a Florida Personal Injury Lawyer

Navigating Legal Waters: Cruise Ship Litigation

March 27, 2024 | Wolfson & Leon

Miami cruise ship accident attorneys find themselves at the forefront of an emerging trend in litigation—a trend spurred by the vibrant tourism sector of the region. With the allure of sun-kissed beaches and crystal-clear waters, Miami has long been a hub for cruise ship travel. However, beneath the surface of this thriving industry lies a complex legal landscape rife with challenges and concerns.

Cruise Lines’ Responsibility for the Sexual Assault of Passengers

Whether a cruise line is legally responsible for a sexual assault of a passenger depends on various factors, including the circumstances of the assault, the actions (or inaction) of the cruise line, and the laws governing maritime and personal injury liability. Here are some key points to consider:

What to Do After Being Injured in an Accident at Walmart in Florida: A Comprehensive Guide

March 15, 2024 | Wolfson & Leon

Walmart, with its numerous locations across Florida’s major metropolitan areas, is a ubiquitous presence in the lives of many Floridians. While Walmart strives to maintain a safe environment for its customers, accidents can still happen. Whether it’s a slip and fall, a merchandise falling incident, or a parking lot mishap, knowing what steps to take after being injured in an accident at Walmart is crucial. In this guide, we’ll outline specific instructions and examples to help you navigate the aftermath of such accidents, along with some historical context on Walmart’s presence in Florida.

Walmart in Florida

Walmart has a significant presence in Florida, with stores located in major metropolitan areas such as Miami, Orlando, Tampa, Jacksonville, and more. Since opening its first store in the state in the early 1980s, Walmart has expanded rapidly, becoming a go-to destination for groceries, household items, clothing, and more for millions of Floridians.

Hiring The Best Personal Injury Attorney in Florida

March 1, 2024 | Wolfson & Leon

The Importance of Hiring the Best Personal Injury Attorney in Florida After an Accident

Being injured in an accident can be a traumatic and life-altering experience, and navigating the legal complexities of personal injury claims in Florida can add further stress and uncertainty. In such challenging times, seeking the assistance of a skilled and experienced personal injury attorney is crucial. In this comprehensive blog article, we’ll explore the reasons why it’s essential to get the best personal injury attorney if you’re injured in a Florida accident, highlighting the dangers of self-representation and the benefits of hiring a qualified legal professional.

Complex Legal Process