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Articles Posted in Car Accidents

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Study: More Florida Auto Injury Claimants Hiring Lawyers

A recent report by the Insurance Research Council indicates a marked increase in the number of people seeking legal assistance in filing an auto injury claim. Our Cape Coral car accident attorneys understand the percentage of personal injury protection claimants in auto accidents represented by a lawyer increased to 36…

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Florida Courts Deny Automatic Forfeiture of Coverage for Medical Exam Refusal

Anytime an insurance claim is made for injuries relating to a motor vehicle crash, you can bet the insurer is going to question both the nature and extend of any injuries. The primary way this is done is through compulsory medical exam. This is sometimes referred to by the insurer…

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Bergmann v. FDOT – Operation-Level Negligence Trumps Sovereign Immunity

Generally speaking, the government and its employees are shielded from lawsuits asserting negligence resulting in injury based on the legal principle of sovereign immunity. Government entities entitled to this protection encompass a wide range of fields, from police departments to hospitals to school districts to transportation departments. However, our Sarasota…

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Who Can Sue For Wrongful Death: Force v. Am. Family Mut. Ins. Co.

Wrongful death litigation in Florida can arise from virtually any death resulting from negligence, including traffic crashes, work accidents, medical malpractice and other incidents that result in fatality. Similarly, it can involve almost any type of family. The fact that the makeup of the “average” American family has evolved significantly…

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Winter v. State Farm – Insurance Firms Must Write Clear Policies

Case law in Florida has well-established that insurance companies must write policies that are clear and without ambiguity. Any dual interpretations or omissions are to be considered in a light most favorable to the insured. Cape Coral car accident lawyers note this principle was highlighted most recently in Florida in…

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Rejection of UIM Coverage Must Be in Writing – Whelan v. State Farm

With the economic recovery still tepid in Florida, many people are forgoing full auto insurance coverage – or sometimes giving it up altogether -because they can no longer afford it. Of course, many of these individuals still drive, as do those who aren’t eligible for auto insurance because they lack…

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