Falk, Waas, Hernandez, Cortina, Solomon & Bonner, founded in 1983, is a law firm that employs a staff of more than 10 attorneys that represents clients in a range of practice areas. The firm s practice areas include medical malpractice, health law, insurance coverage, premise liability and appellate practices. It represents various hotel and restaurant chains in cases related to contaminated food, swimming pool accidents, and slips and falls. Falk, Waas, Hernandez, Cortina, Solomon & Bonner additionally assists clients in matters concerning civil rights litigation and rental car, auto and transportation liability. The firm s clients include the Florida Hospital Association, Miami Shores Village Police Department, AIG Insurance and Caronia Corporation. Its attorneys are members of the American Bar Association, Dade County Bar Association and Coral Gables Bar Association. Falk, Waas, Hernandez, Cortina, Solomon & Bonner maintains locations in Coral Gables and Fort Lauderdale, Fla.
Pursuant to Florida Statute § 768.0427(4), damages recoverable for the reasonable and necessary cost of medical services in actions for personal injury or wrongful death may not include an amount in excess of the evidence admitted, nor may they exceed the sum of (a) amounts actually paid by or on behalf of the claimant to a health care provider who rendered medical treatment or services; (b) amounts necessary to satisfy charges for medical treatment or services that are due and owing but at the time of trial are not yet satisfied; and (c) amounts necessary to provide for any reasonable and necessary medical treatment or services the claimant will receive in the future.
Sex Crimes
It’s not certain that sexual assaults in hospitals are on the rise in Florida and elsewhere around the country. But a study  by University of Michigan researchers found that nationwide, the number of patients seeking emergency room treatment for sexual assault increased by more than 10-fold in the 15-year period from 2006 to 2019.
We represent companies of all types and sizes in the defense of claims involving general and premises liability including negligent security, negligent design and maintenance of commercial and residential properties. We also represent businesses in matters of allegations of sexual assault and other intentional torts.
Construction Litigation
We represent commercial and private landowners in defending construction defect claims resulting in bodily injury and property damage. Our firm becomes involved at the first notice of the loss to ensure that the evidence is preserved in order to best protect and defend our clients.
Prior to the amendment of Florida Statute § 768.81, Florida was considered a pure comparative fault state, meaning that a claimant’s contributory fault diminished the amount of damages awarded in proportion to the claimant’s fault, but it did not bar recovery. Now, however, Florida is shifting to a modified comparative fault scheme. This means that although a claimant’s fault will still diminish the amount of damages awarded in proportion to their fault, a claimant will be barred from recovery if they are more than 50% at fault. This bar to recovery does not, however, apply to actions for personal injury or wrongful death arising out of medical negligence pursuant to Chapter 766.
Medical Malpractice
We represent healthcare providers in all phases of Department of Health investigations, from preliminary investigations and administrative hearings, to the final stages of Board action. We also represent our clients before the Division of Administrative Hearings in NICA and Medical Malpractice Arbitration.