There are now two Florida appellate courts – including the one that oversees courts in Fort Myers – that have ruled in favor of eliminating medical malpractice damage caps of non-economic damages in personal injury lawsuits. That means we could be very close to seeing the elimination of damage caps…
Florida Injury Lawyer Blog
Commercial Truck Recalls Highlight Safety Concerns
Last year, the number of vehicle recalls in the U.S. hit another record, with 51.2 million vehicles involved in 868 separate recalls, according to the National Highway Traffic Safety Administration. The year before, there were 63 million vehicles named in 803 recalls. Many of those are passenger vehicles driven by…
Davis v. Baez – Florida School Bus Stop Pedestrian Accident Lawsuit May Proceed
Although school buses are designed to be safe vehicles, children at school bus stops – particularly those on busier streets, absent sidewalks and in the early morning hours – may be vulnerable to accidents involving other vehicles. When these incidents occur, it’s important for parents to discuss with an experienced injury…
Roundabout to Relieve Traffic at San Carlos Boulevard in Fort Myers Beach?
Traffic entering and leaving Fort Myers Beach has always been something of a headache, especially if there is a special event. Some say it’s so bad, it keeps them off the island altogether, though that has done little to alleviate congestion. Now, there is a proposal on the table from…
Elderly Couple Die in Fort Myers Crash on Way to Church
An elderly south Fort Myers couple died in a car accident as they pulled onto Summerlin Road from their RV resort community, on their way to church. The driver of the vehicle that struck them was also injured. Investigators have concluded the 89-year-old decedent driver was at-fault in the collision. …
C.F. Bean v. Barhanovich – Dredge Pipe Danger for Boaters
Boaters in Florida face many hazards while out on the water, from perilous weather to reckless operators. Underwater dredge pipes are a hidden risk. Dredge pipes are used to conduct dredging operations, which are intended to clean out the bed of a harbor, river or some other area of water…
Anderson v. Hilton Hotels Corp. – Attorney Fees in Florida Premises Liability Lawsuit
Attorneys’ fees are often a concern of personal injury plaintiffs, or anyone needing professional legal help. But when it comes to personal injury or wrongful death cases, almost always there is a contingency fee arrangement, which means the client pays nothing upfront and the attorney is ultimately reimbursed a percentage…
Ready v. RWI Transportation – Causal Link of One Car Accident to Another
As Fort Myers personal injury attorneys, we handle many cases that involve third-person liability. Regardless of the type of incident – whether it’s a construction accident or a car accident or a slip-and-fall – there are four necessary elements one must prove in order to prevail. Those are: Duty. Breach.…
BUI: Calls to Penalize the Same as DUI Renewed After Death of Marlins Pitcher, Friends
The boating death of the Miami Marlins star pitcher Jose Fernandez shocked and devastated the team and the community. Now, a toxicology report reveals Fernandez, 24, had a blood-alcohol level that was almost twice the legal limit and he also had cocaine in his system. His two friends, also killed…
Martin v. Powers – Can Rental Car Be Uninsured for UM Coverage Purposes?
People might assume that a vehicle legally owned by a multi-million dollar corporation is adequately insured. But when it comes to rental cars, they may find themselves disappointed. Approximately 1 in 4 drivers in Florida has no insurance, despite law that requires it. Florida’s vicarious liability laws consider motor vehicles…