One would assume that proving someone caused a crash would be sufficient to establish liability to compel them to pay for it. As the case of Minnegren v. Nozar shows, though, that’s not always true. The driver in this case admitted his error in judgment resulted in a crash that caused plaintiff’s…
Florida Injury Lawyer Blog
$3M Wrongful Death Lawsuit Judgment Upheld Against State DOT in NC
The North Carolina Department of Transportation is still liable to pay $3 million for the deaths of three people on a state roadway where a traffic signal was promised but never installed. That was the ruling handed down recently by the North Carolina Supreme Court in Holt v. N.C. DOT.…
Cadle v. GEICO Gen’l Ins. Co. – Bad Faith Claim Falters on Failure to Prove Permanent Injury
Uninsured/ underinsured (UM/UIM) coverage is essential for all Florida motorists, as it provides the policyholder and other insureds with coverage in the event of collision with an at-fault driver who doesn’t have insurance or doesn’t have enough insurance. However, F.S. 627.727(7) allows insurers to avoid paying damages under UM/UIM policies…
Suing Nursing Homes for Abuse, Neglect Just Got Less Difficult
The U.S. Health and Human Services Department, the agency that oversees and controls more than $1 trillion in Medicaid and Medicare funding has made a bold move to protect the rights of nursing home patients and their families. The agency has just issued a new rule that prohibits any nursing…
Vasquez v. American Cas. Co. of Reading – UIM Benefits Conflict With Workers’ Compensation
Two important types of injury insurance most working Americans should have are: Workers’ compensation and underinsured motorist (UIM) coverage. The first provides no-fault coverage of medical bills and lost wages in the event one is injured on-the-job. The second provides coverage for the wrongful acts of negligent drivers who don’t…
Winning In and Out of the Courtroom
Written By: PJ Scheiner There’s an old myth about the practice of law. The gist of it is that nice lawyers aren’t good lawyers and good lawyers aren’t nice lawyers. Somewhere along the way, people started to believe that antagonism and deception were key ingredients to successful lawyering. We’ve all…
The (Unintended?) Consequences of Worley v. Central Florida Young Men’s Christian Association, Inc., 163 So. 3d 1240 (Fla. 5th DCA 2015)
Written By: PJ Scheiner Never did I imagine that the hardest questions I would have to answer as an attorney are “Do you know a good doctor?” or “Will anyone treat me without health insurance?” I know lots of great doctors. I consider many outstanding physicians friends, valued advisors, and…
Liability for Haunted House Injuries in Florida
A haunted house injury lawsuit was recently settled for $125,000 after a California woman reportedly suffered serious injuries when a moving wall knocked her down onto a poorly-lit floor in an unlit location on site. Among her injuries: Severe fractures to one of her legs and soft tissue injuries to…
It’s Only Over When It’s Over
Written by: PJ Scheiner Sometimes the hard work of reaching a settlement in a personal injury claim is just the beginning. Before bills can be paid or liens resolved, a mutually acceptable settlement and release agreement has to be negotiated. And, perhaps most importantly, you have to actually receive payment…
When Fort Myers Car Accidents Are Caused by Poor Road Conditions
While 90 percent of all auto accidents are caused by human mistakes, 1 in 10 are caused by some other factor, including poor road conditions. That could include some dangers posed by inclement weather, but primarily, we’re talking about conditions of the actual road or traffic engineering that make it…