Punitive damages can be awarded in Florida personal injury and wrongful death lawsuits in which a defendant acted with gross negligence or intentional misconduct. The definitions of these terms are set forth in F.S. 768.72. But while punitive damages may substantially increase the amount of a certain damage award, the…
Little more than a year ago, the driver of a van full of churchgoers ran a stop sign and crashed in a shallow body of water off a Florida highway in Glades County, killing eight of the 18 passengers inside. Now, authorities say the driver may have been impaired by over-the-counter antihistamines.…
Motor coach accidents are an area of concern for traffic safety experts and the public nationwide. In recent years, there have been a number of horrific motor coach and charter bus crashes, which have led to calls for greater regulatory action. Just this year in California, two women, ages 51…
Sidewalks are intended to be a place where pedestrians can safely traverse without fear of stepping into the path of an oncoming car or bicyclist. But there are still hazards. Vehicles backing out. Vehicles careening off the road. Beyond that, the walking surface itself has the potential to be dangerous…
You approach an intersection and stop at a stop sign. You try to look both ways, but there is a huge bush in your away. You inch forward and still don’t see anyone, so decide to proceed. BAM! A motorcycle seemingly blasts out of nowhere and strikes your rear driver’s…
In any personal injury lawsuit, it’s imperative that plaintiff identify all relevant defendants to the claim and then properly name those individuals in the lawsuit. It seems like a fairly standard, straightforward directive. But a simple typo can have serious consequences to a case, and plaintiffs need to know their…
The U.S. Court of Appeals for the Fourth Circuit upheld a $2 million verdict in Cisson v. C.R. Bard in favor of a plaintiff who had to undergo painful revision surgery due to a faulty transvaginal mesh implant. Unfortunately, a significant portion of that damage award will go straight to…
Fort Myers is a tourist destination, and those engaging in an array of outdoor activities – kayaking, parasailing, waterskiing, skydiving, boating, hiking, bicycling and more – are taking on some level of inherent risk. When these trips are part of organized events, participants assume a degree of risk by choosing to…
For 40 years, Florida drivers have been compelled to purchase Personal Injury Protection auto insurance to cover a minimum of $10,000 in personal injuries occurring as a result of an auto accident – no matter who is at fault. It’s referred to as the state’s “No Fault” car insurance system.…
Collecting compensation for injuries sustained due to faulty highway design or construction is difficult in Florida, and it was made tougher by a law passed in 2005, codified in F.S. 337.195, limits on liability. The statute serves to limit liability for road designers, consultants and contractors and it does so…