Category Archives: Car Accident
How Punitive Damages Work In A Florida Personal Injury Lawsuit
In most personal injury cases, the victim is limited to seeking compensatory damages. This refers to the victim’s losses directly arising from their accident, such as medical bills, lost income, and even intangible losses like pain and suffering. In some cases, however, a defendant’s conduct is so outrageous that the law also permits the… Read More »
Is An Employer Responsible For A Car Accident Caused By An Employee During A Business Trip?
There are situations where an employer may be held legally responsible for an accident caused by an employee. For example, let’s say a local flower shop employs a delivery driver. While making a delivery, the driver runs a red light and slams into a minivan. Under Florida law, the owner of the flower shop… Read More »
How Do Third-Party Bad Faith Insurance Claims Work In Florida?
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 »
Can The Defendant In A Personal Injury Case “Surprise” Me With New Evidence Just Before Trial?
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 »
How An “Emergency Medical Condition” Can Affect Your Right To No-Fault Benefits
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 »
Can My Auto Insurer Deny Coverage Based On Its Own Prior Mistake?
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 »
Can You Discuss Auto Insurance In A Personal Injury Trial?
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 »
Governor Vetoes Proposed Changes To Florida’s No-Fault Auto Insurance System
One of the biggest issues during this most recent session of the Florida Legislature was a bill designed to repeal the state’s “no-fault” law governing auto insurance. After weeks of speculation, Gov. Ron DeSantis vetoed the controversial measure, Senate Bill (SB) 54. Although the measure enjoyed bipartisan support in the legislature, many insurance and… Read More »
Does A Judge Have To Remove A Juror From A Personal Injury Case Due To Preexisting Bias?
Most personal injury cases are settled out of court without the need for a trial. But if a case does go to trial, the victims have the right to be heard by an impartial jury who will not allow their own preexisting biases or life experience to cloud their judgment. To protect against such… Read More »
What Is The Difference Between Stacked And Non-Stacked Uninsured Motorist Coverage In Florida
When you purchase auto insurance in Florida, the insurer is required to offer you uninsured motorist (UM) coverage as part of the policy. UM coverage provides you with benefits if you are injured in an accident caused by an unknown or uninsured driver. Florida law further permits insurers to offer both “stacked” and “non-stacked”… Read More »
