News & Events
Winston, Clark & Wigand Recovers Award on Legal Malpractice Jury Verdict
January 18, 2012—Personal injury attorney Bradley Winston of Winston, Clark & Wigand, P.A., announces the recovery of damages in a recent legal malpractice case in which he represented the owner of West Sunrise Development Corporation, a Broward County corporate shopping plaza.
Six-figure damages were paid short of an appeal in December, following a November, 2011 judgment.
“My client successfully pursued his right to claim damages in a real estate sale, and the jury agreed that he was the victim of legal malpractice by his original attorney when they awarded him $550,000 plus interest and expenses,” said Mr. Winston, who is board certified in civil trial. “I am happy to help my client collect the monetary damages he deserves for the financial loss he suffered.”
The dispute involved sale of a commercial property which was the subject of interest from multiple buyers. The client’s original real estate attorney mishandled the sale, causing the owner to receive less than full value for the transaction. Case No: 08-12961 (25) was heard in the Broward County 17th Judicial Circuit Court.
Monthly Newsletter for January, 2012: Leg Fractures from Car Accidents
While a broken leg can be a serious injury no matter how it occurs, leg fractures caused by car accidents often can be devastating and severe.
Because of the sheer force a car accident applies on the body, bones may not only fracture, but may even shatter. Worse yet, leg fractures from car accidents can sometimes break the skin, which opens up the possibility of infection.
Click Here to Read More (PDF Link)
24th Annual Christmas Toys in the Sun Run
Winston, Clark & Wigand is proud to be an annual sponsor of the 24th Annual Christmas Toys in the Sun Run, being held this year on Sunday, December 11, 2011.
More than 30,000 motorcyclists will ride in the motorcycle parade, which starts at the Mardi Gras Casino in Hallandale Beach and ends with a party at Markham Park in Sunrise.
The event is a fund-raiser for Joe DiMaggio Children’s Hospital in Hollywood, and the James Jr. Fund, Inc. Details at http://www.toysinthesunrun.com/.
Monthly Newsletter for December, 2011: Holiday Hosts and Alcohol Liability
Imagine this – you’re hosting a big holiday event. Everyone has a great time sharing stories, reminiscing, and having a few drinks. Around midnight, everyone begins to head out and make their way home.
Just a few hours later, though, you receive a call that someone who was at your party had too much to drink and was involved in a car accident driving home. Under social host alcohol liability, you could potentially be held responsible for the accident and be forced to pay for some or even all of the damage.
Click Here to Read More (PDF Link)
Winston, Clark & Wigand Wins Legal Malpractice Jury Trial
Fort Lauderdale, Florida (PRWEB) November 21, 2011
Attorney Bradley Winston of Winston, Clark & Wigand, P.A., successfully represented the owner of West Sunrise Development Corporation, a Broward County corporate shopping plaza, in a case involving legal malpractice. The jury trial, Case No: 08-12961 (25), was held in the Broward County 17th Judicial Circuit Court.
“The client’s original real estate attorney mishandled the sale, unfortunately, and locked the receiver into accepting a below-market sales price of $4,250,000,” said Brad Winston, founding partner. “A prior offeror flipped the property for $4,800,000 on the same day as the receiver closed for $4,250,000.”
Selling the property for the highest price possible was a top priority for the plaza owner, and multiple buyers took an interest in purchasing the property.
The jury agreed that the original attorney was guilty of legal malpractice and awarded Mr. Winston’s client $550,000, which represented the difference between the two sales. Total damages are over $800,000 after interest and expenses.
Schedule an Interview: Attorney Bradley Winston is available to discuss the case. He can be reached at 954-475-9666.
About Winston, Clark & Wigand, P.A.
The Fort Lauderdale personal injury law firm of Winston, Clark & Wigand, with offices in Plantation and Fort Lauderdale, has been defending consumers injured by auto accidents, motorcycle accidents, defective products, medical malpractice, dog bites, and slip and fall cases since 1989.
Accident victims across South Florida and Broward County, including Coconut Creek, Cooper City, Coral Springs, Dania Beach, Davie, Deerfield Beach, Fort Lauderdale, Hallandale, Hollywood, Lauderdale Lakes, Lauderhill, Lighthouse Point, Margate, Miramar, North Lauderdale, Oakland Park, Parkland, Pembroke Pines, Plantation, Pompano Beach, Sunrise, Tamarac, Weston, and Wilton Manors, can set up a free consultation. Details at http://www.WinstonLaw.com.
Monthly Newsletter for November, 2011: The Main Cause of Most Trucking Accidents
While trucking accidents can occur for a variety of reasons, including bad weather, road conditions or vehicle performance, truck driving error is the leading cause of accidents involving big trucks, according to a recent study by the Federal Motor Carrier Safety Administration (FMCSA).
One of the most common ways that truck drivers contribute to accidents occurs when they become very fatigued. “Highway hypnosis” can come out of nowhere on long drives – as the repetitive patterns of the road begin to lull the driver to sleep.
But, as common as driver fatigue is, another type of driver error accounts for the majority of truck accidents – drug use.
Click Here to Read More (PDF Link)
Monthly Newsletter for October, 2011: Who’s at Fault in a Rear-end Accident?
In the United States, a rear-end accident occurs approximately every eight seconds, according to recent statistics from the National Highway Traffic Safety Administration (NHTSA). Chances are, if you’ve been driving for a long time, you have, at some points, either been involved in a rear-end accident or come close to having one.
Rear-end accidents, much like left-turn accidents, are categorized as “no doubt” liability accidents. In these instances, there is near certainty as to who is to blame. In the case of rear-end accidents, it’s the driver who hit someone else from behind who will be at fault just about every time.
Click Here to Read More (PDF Link)
Winston, Clark & Wigand, P.A. is sponsoring and participating in the Shriners / Widows Sons Spooktacular Toy Drive and Poker Run on October 30th, 2011.
Click Here to Learn More (PDF Link)
Monthly Newsletter for September, 2011: Danger Lurks on Fort Lauderdale Roads
Beyond the lovely palm trees and lure of the ocean, South Florida residents face dangerous road conditions as they drive, bicycle, or walk to work or daily errands.
A CNBC survey recently documented the danger faced by Broward-area drivers when it named Fort Lauderdale as the #1 city in the nation for fatalities based on vehicular deaths per 100,000 population.
Click Here to Read More (PDF Link)
Fort Lauderdale Personal Injury Law Firm Winston, Clark & Wigand Files Suit Against Miami-Dade County for Violation of Servicemembers Civil Relief Act
Fort Lauderdale personal injury attorney Bradley Winston announces filing of a suit against the Miami-Dade County and the director and another official of the Miami-Dade County Building and Neighborhood Compliance Department for demolishing the home of U.S. Army member Jesus Jimenez while he was on active duty. The move violates the Servicemembers Civil Relief Act, according to the lawsuit, as well as the Fourth, Fifth and Fourteenth Amendments to the United States Constitution.
The lawsuit, Jimenez et al v. Miami-Dade County et al, case number 1:11-CV-23131, was filed in U.S. District Court for the Southern District of Florida. The complaint is available on request.
“Plaintiff Jesus Jimenez was on active duty, and his pregnant wife, her mother, his daughter and his disabled brother were residing at the property at the time it was demolished,” said attorney Bradley Winston. “The County and the Building Department were notified of Mr. Jimenez’s active duty status on multiple occasions. Requests for extensions of time, including one forwarded by former Governor Charlie Crist, were ignored.”
The lawsuit seeks injunctive relief, compensatory and punitive damages arising from Defendants’ institution and a stay of the condemnation proceedings against three parcels of real property and the demolition of one of them, all allegedly in violation of the Fourth, Fifth and Fourteenth Amendments to the United States Constitution and of the Servicemembers Civil Relief Act.
According to the documents filed with the court yesterday, the County commenced condemnation proceedings in June, 2007 against three Miami-Dade County properties owned by the Sergeant, but his military duty requirements materially affected his ability to appear, and military leave was not authorized.
Court documents allege that Building Department officials claimed that the Servicemembers Relief Act was not applicable, and refused to stay or delay a scheduled Unsafe Structures Board hearing. The plaintiff’s primary residence on one of the three properties was demolished in June, 2011.
According to the lawsuit, the actions of the Miami-Dade County Building and Neighborhood Compliance Department constitute selective and excessive enforcement of the county building code. The complaint alleges that the properties are surrounded by structures of substantially identical construction and vintage, which have not been subject to any enforcement action by Defendants, and therefore the Jimenez family has allegedly also been deprived of their right to equal protection of the laws under the 14th Amendment to the United States Constitution.
Phil Petersons Key West Poker Run
September 15-18, 2011
http://philpeterson.motorcyclebikeweek.com/
Winston, Clark & Wigand will have a booth right on Duval Street, in front of the Hog’s Breath Saloon. We will be setting up on Thursday and joining in on the fun through late Saturday night. Stop by to say hello!
Watch this space for future upcoming events.
