Monthly Archives: May 2021
Can A Personal Injury Defendant Exclude Potential Jurors Based On Race?
In a personal injury case, the plaintiff has the right to trial by jury. A civil jury is composed of either 6 or 12 individuals. Before the jury is seated, both sides have the right to question potential jurors. This process is known as voir dire. As part of voir dire, a party can… Read More »
How “Per Accident” Insurance Limits Can Affect Recovery In A Personal Injury Case
When you are injured in an auto accident caused by another driver’s negligence, you might assume their insurance policy will cover all of your damages. That is not always the case. For one thing, most insurance policies contain a “per accident” limit. In other words, no matter how many victims there are in a… Read More »
Is The Trailing Driver Always Responsible For A Rear-End Accident?
One of the most common types of car accidents in Florida is the rear-end collision. This occurs when one vehicle crashes into the vehicle directly in front of it. The passengers in the front vehicle often sustain significant injuries in rear-end collisions, notably whiplash. You might have read that the rear or “trailing” driver… Read More »
How Do You Prove Damages For “Loss Of Earning Capacity”?
In a personal injury case, the victim may seek damages related to their loss of income. For instance, if you were injured in an auto accident and had to take time off from work to seek medical treatment, you could sue the other driver and ask them to compensate you for your lost wages…. Read More »
Can I Sue A Negligent Driver’s Insurance Company?
In practical terms, many personal injury claims are paid by insurance companies. For example, if you sue a negligent driver for causing an auto accident, any award will likely be paid by their insurance carrier. So can you “skip the middleman” as it were and just sue the insurance company directly? No. Florida has… Read More »
The Importance Of Locating Witnesses After An Auto Accident
Many car accident lawsuits come down to a “he said/she said” situation. That is to say, each driver blames the other for causing the accident. But oftentimes, there were other people at or near the accident scene at the time, and they are often able to provide an impartial account of what actually happened…. Read More »
Can My Auto Insurance Company Require An “Independent” Medical Exam Before Paying Out PIP Benefits?
Florida follows a “no-fault insurance” rule with respect to auto accidents. Essentially, this means that if you require medical care following an accident, your own insurance company is expected to provide “personal injury protection” (PIP) benefits to cover your expenses. The insurer is required to provide such coverage without regard to fault–i.e., without deciding… Read More »
Sorting Out Legal Responsibility For A “Jackknife” Accident
Truck accidents often involve multiple vehicles and a complex chain of causation. For example, in a so-called jackknife accident, a tractor trailer may be forced to suddenly brake when responding to actions taken by other drivers on the road. This sudden braking then causes the truck to skid and its trailer to swing around…. Read More »
Does Insurance Cover Damages Arising From “Assault And Battery”?
Not all personal injury claims arise from accidents. If someone intentionally assaults you, for example, you can file a personal injury claim for any damages arising from that attack. And to take it a step further, if that assault occurred on someone else’s property, the premises owner may be liable for failing to provide… Read More »
