Patients who endured pain, suffering and additional surgeries as a result of faulty hip replacements manufactured by medical device maker Stryker will receive an average of $300,000 in a landmark mass tort settlement wherein payout is expected to exceed $1 billion. According to media reports, the settlement is on behalf…
Florida Injury Lawyer Blog
DeMarco v. Travelers Ins. – Wrangling With Auto Insurers
The plaintiff in DeMarco v. Travelers Ins. Co. has been waiting for compensation from an auto insurance company for more than a decade. The man was severely injured as one of two passengers in a single-vehicle crash in September 2003 when the driver negligently struck two utility poles. Only this…
Allstate v. Manzo-Pianelli – Permissive User and Umbrella Coverage
Umbrella insurance policies can be a great resource for those who have suffered injury as a result of a crash caused by a negligent driver – assuming that driver is covered under the umbrella policy. Umbrella insurance is extra liability insurance offered to protect people from major claims and lawsuits.…
Highway Guardrail Dangers Exposed at Trial
A Texas jury has found the manufacturer of highway guardrails guilty of secretly altering system designs in order to save money, at the risk of putting drivers and passengers at grave risk of injury and death. In a lawsuit brought under the False Claims Act by a competitor, it was…
Moody v. Dorsett – 2nd DCA Reverses Order Denying Auto Insurance Set-Off
Car accident victims in Florida are entitled to collect compensation for damages they incur for medical bills, lost wages and pain and suffering. But whatever they collect from their own insurer in accordance with the state’s no-fault personal injury protection (PIP) laws can act as a “set-off” for the at-fault…
Mattox v. Life Care Centers of America – Nursing Home Fall Lawsuit
Older adults are not only more prone to suffer falls, they are more likely to incur serious and lasting physical harm as a result of a fall. According to the U.S. Centers for Disease Control and Prevention, a typical nursing home with 100 beds reports 100 to 200 falls a…
Defective Air Bag Recall On Track to Be Largest Ever
As an Orange County woman lay dying in the intensive care unit of an Orlando hospital last month following a horrible car accident, detectives were perplexed by the stab wounds on her neck. Multiple wounds that were later cited as contributing to her death. But it wasn’t until a week…
Green v. Johnson – Multiple Insurance Agencies in Motorcycle Death Claim
Unless a crash involves a single vehicle and a single driver, it’s very likely those involved are going to be dealing with multiple insurance companies, to varying degrees. None are going to be especially eager to offer a fair settlement. Negotiating with just one insurance company can be a challenge.…
Antico v. Sindt Trucking, Inc. – Cell Phone Data Access After Truck Crash
In an increasing number of crash-related injury lawsuits, both plaintiffs and defendants are seeking cell phone records from the other side. The interest is not so much with the content (although in some situations, that is relevant). Rather, the greater relevance is the determination of whether an individual was using…
Pedestrian Injury Gives Rise to Premises Liability Lawsuit
A pedestrian who was injured on a public street by a wrong-way cyclist on a delivery later filed a premises liability lawsuit against, among others, the construction company and the owner of a private building under renovation. The crux of the argument in Bufkin v. Felipe’s Louisiana before the Louisiana…