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Monthly Archives: August 2021

BadFaithInsurance

How Do Third-Party Bad Faith Insurance Claims Work In Florida?

By Leifer Law Firm |

An insurance company has a legal duty to act in “good faith” when settling a claim. In the context of a car crash, for instance, an insurer cannot drag its feet or refuse to settle a claim when it knows their insured driver caused the accident. Florida law even permits the accident victim to… Read More »

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Understanding The Use Of Expert Testimony In Personal Injury Cases

By Leifer Law Firm |

Many personal injury cases require the use of expert testimony. An expert can offer context and understanding of certain technical issues that is normally beyond the experience of the average person–that is to say, the average juror. Trial courts use a test known as the Daubert standard to screen potential expert testimony. If the… Read More »

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Can The Defendant In A Personal Injury Case “Surprise” Me With New Evidence Just Before Trial?

By Leifer Law Firm |

In television court dramas, you sometimes see a lawyer call a “surprise” witness or introduce evidence that was magically discovered at the last minute. In a real courtroom, however, such surprises are not allowed. All parties to a personal injury case, for example, have a duty to disclose any potentially relevant evidence to each… Read More »

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Excavation

Florida Supreme Court Weighs In On Excavation Accident Lawsuit

By Leifer Law Firm |

In 1993, the Florida Legislature passed the Underground Facility Damage Prevention and Safety Act. This law created a single toll-free number that a contractor could call before engaging in excavation or demolition work that might affect an existing underground facility. By calling the number, the contractor would give any “member operators” the chance to… Read More »

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How An “Emergency Medical Condition” Can Affect Your Right To No-Fault Benefits

By Leifer Law Firm |

You might assume that if you are injured in an auto accident, your “no-fault” benefits under Florida’s Personal Injury Protection (PIP) law will automatically cover your bills. But the law is not quite that simple. The actual amount of benefits available will depend on your diagnosis. Under the statute, your no-fault insurer is required… Read More »

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Can My Auto Insurer Deny Coverage Based On Its Own Prior Mistake?

By Leifer Law Firm |

Mistakes happen all the time. When you make a mistake, you are expected to take responsibility and not make excuses. When we are talking about an auto insurance company’s mistake, however, things are rarely that simple. An insurer may double down and try to shift blame for their mistake to the policyholder. Error Over… Read More »

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FedLawsuit

What You Need To Know Before Filing A Personal Injury Lawsuit Against The Government

By Leifer Law Firm |

If you are injured in a slip-and-fall accident while on private property, such as a supermarket, you normally have the right to sue the owner for damages arising from your accident. But what happens when you are on government-owned property? Say your slip and fall occurred while you were at the Post Office. Can… Read More »

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Can You Discuss Auto Insurance In A Personal Injury Trial?

By Leifer Law Firm |

In personal injury cases, a jury is not supposed to consider evidence regarding what insurance, if any, is carried by the defendant. The reason for this rule is simple: The jury’s function is to consider the nature and amount of the defendant’s injuries arising from an accident. But if the jurors knew how much… Read More »

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Injury5

How The Language Of A Defendant’s Insurance Policy Can Affect Your Personal Injury Claim

By Leifer Law Firm |

When you file a personal injury lawsuit against a defendant, their insurance company is often contractually obligated to “indemnify and defend” them against your claim. These are actually two separate duties. A duty to defend basically means the insurer has to pay for the costs of defending the claim itself, such as by paying… Read More »

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TruckTire

Florida Judge Rejects Defective Tire Lawsuit Due To Insurance Company’s Failure To Preserve Evidence

By Leifer Law Firm |

Motor vehicle accidents are not always the fault of a negligent driver. Many times, the problem is with the car or truck itself. And if a defective part was to blame for an accident, the manufacturer can be held liable under Florida law for any damages. Of course, before you can hold the manufacturer… Read More »

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