Monthly Archives: May 2022
Do You Have To Exhaust The Negligent Driver’s Insurance Before Filing An Uninsured Motorist Claim?
Many Florida auto insurance police contain uninsured motorist (UM) coverage. As the name suggests, this provides coverage to you in the event you are injured by another driver who lacks auto insurance to compensate you for your injuries. But “uninsured” in the context of UM coverage does not necessarily mean the negligent party has… Read More »
How Your Own Insurance Company May Try To Avoid Paying Your Accident Claim
Florida’s Personal Injury Protection (PIP) law means that your own insurance company is supposed to compensate you in most cases following an auto accident. Of course, that does not mean your insurance company will always pay out. The insurer is ultimately looking out for its own bottom line, and that means if there is… Read More »
Florida Supreme Court: Insurance Companies Can Be Liable For Negotiated “Consent Judgments”
Most personal injury claims are resolved by some form of negotiated settlement. This typically involves the negligent driver’s insurance company agreeing to pay the liability limits of the policy. But if an insurer refuses to settle–and a court later holds that refusal was made in bad faith–that insurer may be liable for any “excess… Read More »
How Corporate Defense Lawyers Can Try And Confuse Victims In Personal Injury Cases
A basic principle of Florida slip-and-fall accident lawsuits is that the plaintiff must prove the defendant had “actual or constructive knowledge” of the hazard that caused the plaintiff’s accident. In plain language, if you slip on a puddle of water in a store aisle, you need to show the management of the store either… Read More »
Does Motive Matter In A Wrongful Death Case?
Personal injury law, which includes cases like wrongful death and medical malpractice, typically are not that concerned with the defendant’s motives. Indeed, most personal injury cases arise from accidents. For example, it really doesn’t matter why someone ran a red light and thus caused an accident. All the plaintiff needs to prove is that… Read More »
Eisai Faces Florida Lawsuit Over Allegations Its Weight Loss Drug Belviq Causes Breast Cancer
Florida law permits consumers to sue the manufacturer of any defective product if they suffered injuries as the result of said defects. This includes medications. A pharmaceutical company is liable if an ingredient used in their drug caused a “dangerous condition” or side effect. For example, a federal judge in Tampa recently allowed a… Read More »
NFL Player’s Death Highlights Problem Of Pedestrian Deaths In Florida
Pedestrian accidents are an often under-appreciated problem in this country. According to figures from the National Highway Traffic and Safety Administration, a pedestrian is killed on-average about every 85 minutes in the United States–more than 6,200 deaths annually. Tens of thousands more pedestrians suffer serious, life-altering injuries that often require years of medical care…. Read More »
Is A Cruise Ship Legally Responsible When A Passenger Dies Of COVID-19?
COVID-19 has caused millions of deaths worldwide. More than two years into the pandemic, we have started to see the first round of lawsuits alleging negligence played a role in some of these deaths. In particular, there have been a number of wrongful death cases filed against cruise ship operators over passengers who allegedly… Read More »
What You Need To Know Before Suing A Florida Assisted Living Facility
Many elderly Florida residents elect to live in assisted living facilities (ALFs). These facilities are not as restrictive as nursing homes yet allow residents to access personal care and nursing services designed to meet their specific needs. These facilities also need to follow a number of state laws and guidelines, including the Florida Assisted… Read More »
The Basics Of Jury Trials In Florida Personal Injury Cases
The vast majority of personal injury cases–by some estimates as high as 95 percent–are settled out-of-court without a trial. Indeed, many defendants are not eager to take their chances in court. But for those cases that do require a full trial, it is important to understand the role of the jury in the process…. Read More »
