Category Archives: Car Accident
Tesla Forced To Issue 2 Recalls In 1 Week Due To Software Defects In Its Vehicles
Any type of defective product can lead to serious injury. When the defective product is a car or other motor vehicle, however, the consequences of a defect can be catastrophic. Everyone on the road is affected by the presence of a dangerous or defective vehicle, which means auto manufacturers have a heightened duty to… Read More »
Are Florida Bars Responsible For Serving Minors Who Cause Drunk Driving Accidents?
Before the 1960s, a Florida bar or similar business that sold alcohol was generally not legally responsible if one of its patrons became so intoxicated that they injured someone else. In 1963, however, the Florida Supreme Court held that if a bar illegally sold alcohol to minors–currently defined as anyone under the age of… Read More »
The Role Of Settlement Agreements In Car Accident Insurance Disputes
Claims arising from a car accident are often resolved by a settlement agreement, either with the other driver or an insurance company. Settlement agreements are legally binding contracts. This means that either side can ask a judge to enforce its terms. But the court’s authority typically does not extend beyond the scope of the… Read More »
Understanding Florida’s Presumption Of Fault In Rear-End Accident Lawsuits
Rear-end collisions are one of the most common types of auto accidents that occur in Florida. While most rear-end (or “tailgating”) accidents are not fatal, they can still cause significant injuries to the driver in the forward vehicle. And more often than not, the rear driver is responsible for causing the accident. As such,… Read More »
How The Graves Amendment May Affect Your Ability To Recover Damages In An Auto Accident Lawsuit
The owner of a car can often be held legally responsible for an accident caused by someone else driving their car. This is known as vicarious liability. Perhaps the most common example is an employee driving their employer’s car on a work-related matter. If the employee runs a red light and crashes into a… Read More »
Florida Courts Remain Split On How To Bring Punitive Damages Claim
In a personal injury lawsuit, you have the right to seek both economic and non-economic damages to cover your personal losses arising from an accident. In some situations, you may also have the option of seeking punitive damages from a defendant. Punitive damages is meant to punish egregious wrongdoing–as opposed to mere negligence–and effectively… Read More »
What Do You Do When Your Insurance Company Claims You Do Not Have Coverage?
Auto insurance companies are sticklers for the rules. And if they can use specific language in a policy to avoid covering your accident, they will. But just because the insurer claims its interpretation of the policy is correct, that does not make it so. Indeed, a judge may see things quite differently. Florida Appeals… Read More »
Florida Supreme Court Issues Important Pro-Plaintiff Ruling In Personal Injury Case
Before the trial of any personal injury lawsuit, both sides have the right to discovery, i.e., the right to demand certain information relevant to the case from one another or third parties. There are, of course, limits to the type of information that may be discovered. For example, if you are the plaintiff, you… Read More »
Is A Defendant’s Net Worth Relevant When Asking For Punitive Damages In A Personal Injury Lawsuit?
Punitive damages are not ordinarily awarded in Florida personal injury cases. By punitive damages, we mean a financial award that is meant to punish the defendant for intentional or grossly negligent acts as opposed to ordinary negligence. In other words, if someone runs a stop sign and hits your car, that type of ordinary… Read More »
Florida Appeals Court Orders New Trial After Car Accident Victim Denied The Right To Read Deposition Testimony To Jury
Just because an insurance company may be contractually obligated to pay for your medical treatment following a car accident, that does not guarantee the insurer will not try and put up a fight first. Insurers do have the right under Florida law to deny treatment if they can prove it is not “reasonable, medically… Read More »
