Miami, Florida, Litigation Attorneys

Defamation

We handle defamation claims and business tort cases. In Florida, defamation is a false statement of fact, told to a third party either in writing or verbally, which is intended to harm someone else’s economic or reputational wellbeing. If a plaintiff is considered a public figure, they will need to show that the defendant had actual malice in making the false statement of fact in order to recover damages. Defenses that may be raised include truth, Section 230 of the Communications Decency Act, and the fair reporting privilege. Plaintiffs have two years to bring a defamation claim in Florida. State laws also protect the financial services industry by making it a misdemeanor to defame businesses in that industry.

Maritime Law

Maritime law includes many laws and regulations to which businesses must adhere when they conduct activities on the sea. Accidents that occur on boats or ships on the sea are usually compensable only under maritime law, rather than state tort law. For example, if you are injured while jet skiing on the open sea and using rental jet skis, you may be able to recover damages through a maritime lawsuit against a negligent rental company. Sometimes maritime lawsuits involve cruise ship accidents that result from an unreasonable risk or negligent act taken by a cruise ship employee. In these cases, our Miami cruise ship injury attorneys can sue the cruise line, which owes a duty to use reasonable care for the safety of its passengers. Plaintiffs in maritime lawsuits may seek compensation for medical expenses, physical rehabilitation, surgery, pain and suffering, and emotional anguish. Our firm can also represent harbor workers and longshoremen who have been injured on the job.

Personal Injury

Our firm handles many different types of personal injury lawsuits, including those related to wrongful death, traumatic brain injuries, slip and falls, and Uber and Lyft accidents. Many Florida personal injury lawsuits are brought under a theory of negligence. A plaintiff trying to establish negligence must show that it is more likely than not that the defendant had a duty of reasonable care, the defendant breached that duty, and this caused the accident. The situation will determine what would have constituted reasonable care and whether the duty to use reasonable care was breached. For example, like other drivers, Uber and Lyft drivers owe a duty to use reasonable care while operating their cars on the road. A breach of this duty may occur when a driver speeds, texts, drives drunk, weaves through traffic, drives aggressively, fails to yield as appropriate, or fails to obey signs and signals.

Commercial Litigation

Business disputes can threaten the daily operations of a business or even its existence. When faced with a dispute that is poised to turn into formal litigation, it is critical for companies to hire a seasoned commercial litigation attorney with sound business judgment. Our firm represents clients in shareholder disputes, partnership disputes, breach of contract lawsuits, real estate disputes, fraud and misrepresentation claims, employment disputes, tortious interference with business claims, unfair and deceptive trade practices claims, and defamation actions. We also represent investors and consumers who have been harmed by massive fraud. We have handled lawsuits brought for fraudulent claims under the Florida Unfair and Deceptive Trade Practices Act.

Construction Litigation

Our firm can guide clients through construction litigation that involves homeowner and condominium association disputes, evictions, foreclosures, landlord/tenant disputes, commercial leasing, real estate fraud, zoning, liens, environmental concerns, and contract disputes. Mr. Pollack is a licensed Florida real estate salesperson, in addition to being an experienced trial and appellate attorney. He handles construction litigation that involves construction defects and nonpayment, as well as injury claims arising from construction defects or accidents. He also handles litigation arising out of negligent repairs. Florida Statutes section 558.001-005 is the statutory scheme addressing claims that a property owner may bring against a contractor, subcontractor, design professional, or supplier for construction defects.

Probate Litigation

Probate is the legal process through which a decedent’s assets are distributed and their debts paid off. When the decedent left a will, it may be admitted to probate, and a number of requirements must be met. Heirs and creditors have rights, but those rights have limits. Sometimes, hostilities arise in connection with a will, and this may result in probate litigation. One common type of lawsuit that arises is a will contest, in which a surviving family member challenges the validity of the will.

Adoption and Surrogacy Law

Alternative families and delays in having children have become increasingly common, and it is often necessary to involve a lawyer who is familiar with adoption and surrogacy laws, which are rapidly evolving. Mr. Pollack is a parent of two daughters who were conceived through IVF, and he is sensitive to the legal issues and emotional stakes for surrogates, donors, and prospective parents. He can prepare and review egg donor and surrogacy agreements, and he also can advise on medical privacy, insurance coverage, advantages and disadvantages to gestational surrogacy, and other legal issues. He can advise prospective parents about the steps that should be taken to protect them against any challenge to their custodial rights. Conversely, he can provide advice to potential surrogates on how to protect them from unexpected situations during a pregnancy.

Sexual Assault

One in four women and one in six men become victims of sexual assault during their lifetime. Often, these assaults involve a young person assaulted by a person in a position of trust and authority, such as a teacher or religious figure. It may be possible for a sexual assault victim to get justice through a civil lawsuit even if it was not possible to secure justice through the criminal courts. In a civil lawsuit, liability is expressed through monetary damages. The burden of proof is lower than it would be in a criminal case.

Discuss Your Case with an Experienced Miami Attorney

If you need a Miami cruise ship injury lawyer or a vigorous advocate in a matter related to defamation, an accident, or any of our other practice areas, you should contact David H. Pollack. We also represent clients in Fort Lauderdale, Pembroke Pines, Hollywood, Aventura, Coral Gables, Hialeah, Plantation, and other cities in Miami-Dade, Broward, Duval, and Palm Beach Counties. Call us at 305-372-5900 or complete our online form.