Fort Myers police report a 23-year-old pedestrian was killed after being struck by a hit-and-run driver outside a local club. The 21-year-old driver was caught soon after the crash by police after a witness followed him home and contacted authorities. Our car accident lawyers in Fort Myers know that under…
Florida Injury Lawyer Blog
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…
Otero v. Gomez – Florida Bicycle Accident Lawsuit Remanded
Florida’s 3rd District Court of Appeal recently reversed an earlier judgment by a trial court that prevented a bicycle accident victim from proceeding with his case against a property owner. In Otero v. Gomez, the appellate court found the trial court had improperly used an untimely-filed motion in limine to…
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…
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…
Glaittli v. State – Boating Accident Injury Plaintiff May Pursue Case
Florida boaters enjoy some 8,400 miles of external and internal coastline along the ocean, including the gulf and various lakes and rivers. While injuries caused by the negligence of boat operators is almost certainly worthy of compensation, those that arise out of the “natural condition” of the landscape generally are…
Preventing Child Injury Goal of NHTSA Awareness Campaign
Memories of summer in childhood should be recalled with fondness – splashing by the pool, road trip vacations and long, lazy afternoons. However, parents and caregivers must take note: Summer is also a time when hazards abound. Our Fort Myers child injury lawyers have seen cases here in Southwest Florida…
Insurance Coverage Disputed in Florida Drowning Case
Many community associations in South Florida attract owners and renters with the use of a shared pool. However, those who pursue litigation against homeowners in these communities due to injuries or deaths arising from pool use could find it difficult to collect compensation from the association’s insurer unless a strong…
NHTSA Warns Against “False Security” of Novelty Motorcycle Helmets
The law requiring helmet use by motorcyclists in Florida was repealed 14 years ago this month, and since then, the number of riders donning a helmet has been halved — to roughly 50 percent, according to the Sun Sentinel. What’s especially concerning to the National Highway Traffic Safety Administration is…
“Multiple Occurrences” in Insurance Law
In cases where multiple injury victims seek compensation from at-fault party insurers, an issue that often arises is whether the injuries stemmed from one occurrence or multiple occurrences. Punta Gorda injury lawyers know this is often a key point that can significantly impact the overall amount of damages awarded to…