Articles Posted in Fort Myers personal injury attorney

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Helmetless Motorcyclists at Greater Risk Under New Florida Law

On July 1, 2023, a new law went into effect in Florida that could have a significant impact on helmetless motorcyclists. HB837, also known as the “Comparative Fault” bill, changes how personal injury lawsuits are handled in the state. Under the old law, Florida followed a system of pure comparative…

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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…

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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…

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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…

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Murphy v. Roth – Social Media and Juror Misconduct Weighed by 4th DCA

The saturation of social media in modern society has been aided in part by the instantaneous gratification received via smartphone technology. People everywhere connect globally to automatically share anything from deep philosophical musings to the most mundane details of everyday life. It should come as little surprise then that it’s an issue…

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Nielsen v. Bell – Child Negligence in Injury Lawsuit

Although children are typically the victims in injury lawsuits, they can sometimes be the ones who cause injuries.  The question of whether parents may be held liable will depend on a number of factors, including: The age of the child; The child’s developmental ability to exercise caution; Child’s mental capacity;…

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Roberts v. T.H.E. Insurance Co. – Hot Air Balloon Ride Injury

Numerous Florida companies offer hot air balloon rides to residents and tourists alike. But when operators are not properly trained or fail to exercise due caution, accidents can occur.  You may recall in the spring of 2013, when pro football player Donte Stallworth was one of two seriously injured in a…

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Richmond v. Volk – Misnomer vs. Misjoinder in Personal Injury Lawsuit

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…

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Uber Sued for Misrepresenting Driver Safety to Public

Ride-sharing company Uber, which has usurped local taxi providers in larger cities, has an estimated 160,000 drivers in the U.S. The service promises its users that it conducts thorough background checks of these drivers so that patrons can be as safe as possible. Now, in an amended complaint that is…

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Concert Injury Victim Suing Popular DJ for Broken Neck, Ankle

Many performers go the extra mile to engage audiences in a show they will want to always remember. Unfortunately, these may result in injuries some fans can never forget. A recent personal injury lawsuit was filed against a popular electronic dance music DJ after a concert in San Diego. The…

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