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Florida Injury Lawyer Blog

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Restitution Can Provide Additional Compensation for Crash Victims

When someone’s negligence causes injury to another, victims can pursue compensation. Negligence is generally understood as the failure to use reasonable care when one was required to do so. In some cases, injury to another is the result of a criminal act. On the road, some criminal acts also amount…

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Victim’s Auto Insurer Pays Liability Damages to Parents of Joyriding Teens Killed in Crash

Most car accident auto insurance settlements are handled quietly and often rather quickly. Those involving the death may take longer, but even then, it often doesn’t generate headlines. A recent case out of South Florida was different for the fact that an auto liability insurer, while conceding all the evidence…

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Coming and Going Rule Analyzed in Crashes Involving Workers

If you’re injured in a car accident or have lost someone you love in a crash, one of the questions important to ask is whether the negligent driver was acting in the course and scope of their employment. This matters because if they were furthering the interests of their employer…

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Widow of Worker Killed at Roadside Job Site Wins $6 Million Settlement

The widow of a worker killed after being struck by a truck while in a construction zone will receive a $6 million settlement from the defendant companies involved.  Attorneys for the estate of deceased worker had alleged the construction companies on site were negligent in failing to erect the required…

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Collecting on UIM Insurance in Work-Related Crash

Typically in the event of a work-related accident, a worker’s only recompense is workers’ compensation. There is an exception if there is third-party liability (i.e., someone other than the employer was at-fault). But if the work-related injury was the result of a motor vehicle accident and if the employer paid…

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Challenging Nursing Home Arbitration Agreements

Nursing home arbitration agreements are better to avoid if at all possible. An increasing number of nursing homes include arbitration agreements in their admission paperwork, essentially mandating parties agree to forfeit their constitutional right to have a dispute decided in a court of law – publicly and in front of…

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Company UIM Benefits Affirmed in Rear-End Collision Case

Uninsured motorist benefits are critical for drivers in Florida. While not technically mandated (though insurers must offer it, and motorists must sign a waiver if they choose not to buy it), this coverage is often the only way to obtain adequate compensation for losses suffered in a Fort Myers car…

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Boating Accident Lawsuit Verdict Affirmed, Though Punitive Damages Deemed Excessive

Boating is a popular outdoor activity in Florida, with the Florida Fish & Wildlife Conservation Commission (FWC) reporting some 932,000 registered vessels as of 2016. However, it can also be a potentially very dangerous one. There were more than 700 reported boating accidents in the state last year. A total…

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Establishing Vicarious Liability for Crash on Theory of Respondeat Superior

Most car accident lawsuits are a simple matter of proving negligence, shown by establishing: Duty owed to plaintiff (i.e., duty to other motorists to obey laws and act in a reasonably prudent manner); Breach of duty (carelessness or violation of law); Causation (breach of duty caused the accident); Damages (plaintiff…

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Report: DUI Conviction Wasn’t Enough to Keep Bus Driver Banned from Work

Commercial drivers – particularly those who ferry human passengers or hazardous materials – are beholden to more stringent federal and state rules when it comes to their conduct on the road. For instance, F.S. 322.61 disqualifies commercial drivers from operating a vehicle for a year if they are convicted of operating…

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