Law Firm

There are few legal proceedings more emotional than a wrongful death lawsuit. The plaintiffs feel that the defendants somehow cause the death of a loved one through negligence. It is an emotional time for the plaintiffs, defendants and all family members involved. The legacy of someone who has passed away could be on the line as well as the future of a family that is trying to pick up the pieces of shattered world. Anyone who has been through this process understands the importance of having a considerate and professional attorney. Anyone who has not been through this kind of a lawsuit will want to get an experienced attorney to help the family get through the ordeal.

There are so many moving parts to a wrongful death lawsuit that it takes a professional and experienced legal counsel to keep it all straight. It is important to remember that if someone is found innocent of causing a death in a criminal court, that does not mean that a lawsuit cannot be filed in a civil court. Too many families give up on justice when the criminal courts render the wrong verdict. If you believe that your loved one was not properly represented... ...read full post

Of all the various injuries a person can suffer, few can compare to the seriousness of brain injuries. Studies have found that traumatic brain injury accounts for around one third of injury related deaths, and millions are affected by it each year. Sadly, in many cases these types of injuries are actually caused by preventable issues. If you or a loved one has suffered brain injury due to preventable factors like auto accidents, falls, or workplace accidents, there's a good chance that brain injury compensation could be well within your rights. But to claim it, you need an ally that will stand up for you.

Negligence or recklessness by another party that triggers brain injury in you or someone close to you very well may make you eligible for brain injury compensation, but too often those who might be entitled to a cash settlement don't pursue litigation. It can be hard to know who to trust and in many cases the defendant will be able to hire an attorney to keep them from paying out any monetary compensation. Getting an attorney of your own is usually the only way to ensure that you stand a... ...read full post

Personal Injury Attorney Bernard Walsh lectured on Strategic Use of the Florida Crash Report Data to members of the Southern Trial Lawyers Association (STLA). As a highly experienced trial lawyer serving the Florida people since 1978, Bernard Walsh shared his valuable insight with the STLA, a community of dedicated trial lawyers working to further protect the rights of United States citizens.

During his lecture, Attorney Walsh explained what to expect, and how to best utilize the Florida Crash report during a trial involving injuries and damages resulting from motor vehicle accidents.
Membership in the Southern Trial Lawyers Association is by nomination made by a member of the Board of Directors, with approval by other Board members from the nominee's state. As such, the STLA consists of very experienced and knowledgeable attorneys.

"Speaking at a Southern Trial Lawyers Conference is always a great experience," said Attorney Bernard Walsh. "Everyone attending these events has something to share. The opportunities to network with other attorneys, help educate and gain new insights on how to keep the STLA meetings productive and relevant."

About The Southern Trial Lawyers Association
The essential mission of the Southern... ...read full post

In a recent story from Anderson Cooper on CNN, investigative reporters uncover a disturbing new “policy” by the Nation’s largest auto insurance companies, State Farm and Allstate.


If you are injured in a "minor" accident, the nations largest auto insurance companies will challenge your medical claims, drag out your claims process and offer only a fraction of your medical expenses.

Insurance companies have created a deliberate strategy of forcing people into court and dragging out court cases for months or years, to bankrupt the case as well as a nation wide PR campaign to paint insurance claims cases as fraud. Simply put- Delay, Deny and Defend. As in delay the claim, deny the claim and defend their position in court. The aim of the new assault on the American consumer is to both dissuade claims and make it too expensive for accident victims to get the compensation they have paid for from their insurance policies.

Furthermore investigative reporters from CNN have examined documents outlining the motive for the new aggressive strategy was blatantly stated: higher profits - not fighting fraud. In addition Allstate has been sued to make public the documents and Allstate has not complied with the judges ruling in at... ...read full post

Despite DOT (Department of Transportation) regulations, many truck drivers are still driving more than they should be. This causes serious issues with fatigue, which is a leading cause of truck accidents. Any truck accident law firm will give you a history of the cases that they have handled, and it will be easy for you to see how fatigue played a role in so many more cases than people might even realize. If you take the time to check out all of the different instances of truck accidents, fatigue will be a lot more prevalent than you realize.

With truck driving, it's a business. However, the people who are driving these trucks are often put under pressures that no one should have to endure. Add to that the fact that they are driving vehicles that are much bigger than passenger cars, and you've got a recipe for disaster around every curve. It's important for drivers to be extra cautious because getting involved in a truck accident usually never ends well for anyone. Of course, it's not fair that drivers have to be extra careful, but life isn't really fair in a lot of ways.

A truck accident law firm can... ...read full post

Wrongful death cases are very tragic. Often, when people lose a loved one, they aren't even thinking about the money involved in the lawsuit that they are filing. Therefore, if you have been involved in this type of situation and you really want to make sure that people are held accountable, you have to think about filing a claim. It isn't about getting millions of dollars for your loss because that can never fix the situation. It's just about holding people accountable for what they have done when something happens to your loved ones.

Wrongful death cases are very precarious in nature. You have to take the time to explore all of the different options that you have and make sure that you don't limit yourself when you are looking for the best legal representation. This is a time when you are dealing with a lot of emotions and any lawyer should be sensitive to your needs and focused on helping you get the outcome that you deserve rather than thinking about the money that you (or they) will make from the case at all. It is nice to think about the financial freedom that can come from a case like... ...read full post

Bernard Walsh of the Florida Personal Injury Law Firm of Shapiro Goldman Babboni & Walsh was honored to present the Trooper of the Year Award to Florida State Trooper Edward Pope

Trooper Pope won this prestigious distinction for the second time when he saved the life of a choking infant by using back thrust.

"Having the privilege of presenting this prestigious award to Trooper Pope for an amazing second time is a real honor. Trooper Edward Pope has distinguished himself in the service of Floridians over the years and the people of Florida are fortunate to have such an effective State Trooper protecting their safety" - Attorney Bernard Walsh.... ...read full post

Auto accident law quiz question: Why do we need automobile insurance?

A. Because the law requires it.

B. Because it's the smart thing to do to protect you and your family from personal injury.

C. All of the above.

The correct answer is “C.” First Florida law requires that everyone who owns an automobile purchase insurance. Florida drives are only required to have personal injury protection or “PIP” coverage, which pays the medical expenses of 80 percent up to $10,000, regardless of fault. Some people elect a large deductible, presumably to reduce the premium. Unfortunately, they don't realize until it's too late the few dollars they saved on premiums will cost them thousands if they are injured in the accident, which is why the insurance was purchased in the first place. Florida law also requires that the driver responsible for the accident have property damage coverage of $10, to pay for damage to the other car. If you have the required coverage, you are deemed “insured”. Unfortunately, motorists are not required to carry insurance to compensate victims of car accidents that are not at fault. Although the insurance requirement was born from good intentions, you cannot legislate common sense. That's optional.

For my part... ...read full post

As a Florida Auto Accident Lawyer, I feel a sense of purpose when I represent an injured victim of an accidental but nevertheless senseless, act of negligence. Sure, there is a lot of stress, hard work, legal pitfalls, politics and negative preconceived notions, but at the end of the day, I feel a great sense of provide for whatever I'm able to accomplish on behalf of my personal injury client.

When Kim Bonner requested I write an article for The Docket, what I could offer to an audience of Sarasota Lawyers, many of whom I am families with fro working with or against them defending the legal rights of my clients on current and past personal injury cases. There are a number of excellent personal injury lawyers in Sarasota, so to offer any comments is like "preaching to the choir." However, I have noticed that a fair number of Lawyers who practice primarily in other areas are marketing for personal injury cases, which is perfectly acceptable we are all entitled as many clients as we can properly manage and represent. However, we owe it to our clients to be knowledgeable about the law to maximize their recovery.

Those attorneys... ...read full post

The individuals who drive large trucks are trained to handle a number of unsafe situations and surprise safety hazards when on the road. However, the slightest act of negligence on the part of a commercial truck driver can result in serious property damage and physical injury for innocent drivers, passengers, and anyone else who happens to share the road with the large truck.

Tips for Staying Safe Near Eighteen Wheelers in Florida

Fortunately there are a number of steps you can take to help avoid being negatively impacted by a negligent commercial truck driver. These include the following:

• Never drive in a truck’s blind spots


• Always keep a safe following distance when behind a truck


• If you are being tailgated by a truck, move over when possible to let them pass


• Avoid swerving through lanes when large trucks are nearby

These simple steps can help you avoid being involved in an accident with a large commercial truck. However, if a truck driver acts negligently, you may be unable to prevent a serious accident from occurring.

If you or someone you love has been injured or killed in a trucking accident caused by a negligent truck driver, then we would like to help. Our experienced Truck accident lawyers... ...read full post

According to an article in the Herald Tribune, Florida has had some success in reducing the number of "uninsured" drivers on its roads due to the tougher laws passed years ago penalizing drivers for not having the minimum insurance required by law.  Before going out and celebrating your uninsured motorist coverage, consider the following.

The Department of Insurance deems anyone having the minimum required insurance as "insured," or not "uninsured."  However, an insured victim of a negligent but legal, driver, may still be unprotected for any damages sustained.  The minimum required insurance is simply not enough.

Florida law requires that everyone who owns an automobile purchase personal injury protection, "PIP" coverage, which pays their own medical expenses of 80 percent up to $ 10,000, regardless of fault.  Florida law also requires that drivers have property damage coverage of at least $10,000 in the event they are responsible for the accident and damage the other person's vehicle.  If you have this coverage, you are defined as "insured."

Unfortunately, Florida law does not require that drivers purchase bodily injury liability to protect those who may be injured as a result of negligent driving.  Thus, there is no coverage to compensate you- the innocent injured- for... ...read full post

When the Florida Legislature passed the "Florida Motor Vehicle No-Fault Law" in October 1976, it had two purposes in mind: First, it wanted to ensure everyone who owned a motor vehicle had a minimum of benefits for treatment for accident related injuries. Second it wanted to limit the insurance companies' exposure and result of automobile accidents.

Seventeen years since the law passed, we must ask ourselves whether accident victims are really receiving the medical disability and death benefits provided in the law.
Florida law states that "80 percent of all reasonable expenses for necessary medical, surgical, x-ray, dental, rehabilitative services, including prosthetic devices, and necessary ambulance, hospital and nursing services," are to be paid under the personal injury protection coverage of the auto policy, or "PIP."

Those provisions may appear straight forward, but the words " reasonable" and "necessary" have created fertile ground for insurance abuses that have resulted in delays for the injured and an unfair advantage for the insurance industry against their wounded and often financially strapped insured.

The law further states that the insurer must pay within 30 days after receiving a claim, but further provides that the insurer can delay payments if it has "reasonable proof " that it is responsible for... ...read full post

Corporate America and its insurance companies are trying to get something for nothing.  Other than a catchy title, the so- called "Common Sense Legal Reforms Act" (House HR10), which just passed the U.S. House of Representatives and is heading toward the Senate, promises to severely limit the accountability of manufacturers of defective products.  Consequently, consumers who are injured by these defective products sacrifice their historical right to a reasoned jury verdict.

Essentially, the bill places a cap on certain kinds of damages and has a "loser pays" provision.  What this means is, in the event you are unsuccessful in your lawsuit , you will owe the prevailing side their attorney's fees and costs in certain situations.  Designed to smoke out frivolous claims,  the reality of the provision will tip the scales in favor of the wealthier litigant.  The indigent party of one of modest means will simply not be able to afford to take the risk. Survival of the richest in its purest form.

What's in  for the consumers who will be giving up their right to certain damages?

As part of the "Contract with America," why... ...read full post

In a letter to the editor of the Herald-Tribune that ran Oct. 11, a writer blamed all of our economic problems on lawyers.  No anti- lawyer sentiment is complete without reference to the now famous quote from Shakespeare's  King Henry VI, "The first thing we do , let's kill all the lawyers."  As a consumer, motorist, and Sarasota personal injury lawyer, I find the repeated reference extremely misguided.

The line from Shakespeare's play describes one man's dangerous attempt to overthrow law and order and replace it with tyranny and dictatorship.  The villain in the play knew that whenever justice was attacked, lawyers were at the vanguard of the opposition.  The people who maliciously repeat this line are either uninformed as to its source or choose to align themselves with the evil character in the play.  Either alternative makes you wonder about their credibility.

To be sure, not all lawyers are good and not every claim has merit.  The same can be said for all professions.  However, in the letter, the author suggests most , if not all, lawyers contribute " absolutely nothing".  He echoes the propaganda put out... ...read full post

March 11. 2011, Attorney Bernard Walsh lectured the Manasota Trial Lawyers Board about strategic use of the Florida crash report.

Mr. Walsh informed many of the areas top trial lawyers on how to best use the Florida crash report an the statements collected by law enforcement at the scene of an accident to both protect the legal rights of clients and prevent fraudulent statements from affecting court outcomes. Upcoming changes in the Florida PIP regulations to combat accident fraud make correct use of the Florida crash report more important than ever for Florida personal injury lawyers in resolving legal disputes that result from serious auto accidents.

Manasota Trial Lawyers Board is a local organization composed of some of the foremost trial lawyers in Manatee and Sarasota Counties. Membership is obtained through special invitation and is extended only to those attorneys who exemplify superior qualifications of leadership, reputation, influence, stature, and profile as civil plaintiff or criminal defense trial lawyers.

Bradenton Attorney Bernard Walsh is firmly committed to community service. He is an active member of the Manatee and Sarasota Sheriff's Advisory Board, the Florida Highway Patrol Advisory Council and the One Hundred Club for Law Enforcement in Manatee and Sarasota.... ...read full post

It is common knowledge that the world isn’t always safe.  The knowledge of this sad truth places certain responsibilities on people and businesses to take reasonable precautions to insure the safety and well-being of their customers, who could be injured through foreseeable acts of violence.

Criminals are just like the rest of us in this age of instant gratification.  We demand 24-hour access to our bank accounts and we want our supermarkets to be open all night.  Automated teller machines (ATMs) provide criminals with access to victims for instant, no-fuss cash.

But the criminals are not stopping with muggings.  Newspaper headlines report beatings, stabbings, rape – even homicide at ATMs, encouraging many cities and states to require minimum standards of lighting and visibility from the street.  Whether financial institutions will be held liable for foreseeable crimes at their ATM sites is still evolving.

Traditionally, courts have held that banks are not liable for crimes that take place on their premises unless the bank knows or has reason to know that criminal acts have occurred or are about to occur.  This no-liability rule has been recently applied not only to cases involving traditional banking services such as drive-up windows and night depositories, but it... ...read full post

Crime and violence are unfortunately very much a part of our society, and everyone knows it.  In fact, political careers have been made on “tough on crime” rhetoric.  It is not enough to allow our leaders to come up with the solutions to this complex problem.  The law expects owners of businesses and apartment complexes to take affirmative action to protect its patrons and tenants.  The fact of the matter is that “security negligence” cases are becoming increasingly more common.

The landmark case involving an owner’s failure to exercise due care for the safety of his guest was the Connie Francis case.  Francis, a well-known recording artist, was assaulted in a second-floor hotel room in a motor lodge on Long Island, N.Y.  Francis sued the hotel over security inadequacy, contending that not only were the sliding doors deficient, but that the hotel knew that they were deficient and failed to take actions.  The suit resulted in an award of $2.5 million, based on the premise that innkeepers owed a special duty of security to guests, and that duty was breached.

Since 1967, there has been a 300 percent increase in security related lawsuits.  Those figures have had a far-reaching impact on virtually... ...read full post

As a personal injury attorney, I realize that my comments against “tort reform,” or limitations on bringing civil lawsuits, may have little persuasion. However, I cannot remain silent in the face of great injustice, misrepresentation and hypocrisy.

Several bills have just been approved by the Florida House that would limit injured parties’ rights in bringing causes of action against certain companies, such as rental car companies, nursing homes and car manufacturers. In addition, the proposed law would limit punitive damages. Who benefits?

It is the civil justice system, which creates the threat of compensatory and punitive damages, that motivates manufacturers to produce safe precuts. How many times does history have to repeat itself for people to get the point? Automobile manufacturers were sacrificing customers in poorly designed automobiles to save money, before the victims expose the truth in civil lawsuits. The cigarette companies targeted youth to replace their customers who were dying from the cancer caused by their products. It was the civil litigants who exposed the truth, long before the government got involved to reap the benefits. These are only a couple of publicized examples, but these scenarios play out in courtrooms across... ...read full post