Florida Injury Lawyer Blog

Minnegren v. Nozar – Proving Breach of Duty of Care in Crash Case

November 13, 2016 | Associates and Bruce L. Scheiner

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 injuries. Open-and-shut liability then, right? But the question became whether he breached his duty of care. The appeals court held that when there is evidence a driver used at least some care, there can be a finding that he may have acted reasonably – and therefore did not breach duty of care – even if his actions ultimately led to a car accident.

These kinds of legal gymnastics show you that there are some really good defense attorneys working in personal injury law – which means you can’t take your chances with a mediocre lawyer to represent your interests. At Associates and Bruce L. Scheiner, Attorneys for the Injured, our experienced traffic accident attorneys are committed to making sure our clients’ rights are protected and that they have the best possible chance at a successful claim for compensation. At the end of the day, those injured in a collision caused by another driver shouldn’t have to be responsible for burdening costs associated with recovery, lost wages or ongoing care. Continue reading ›

$3M Wrongful Death Lawsuit Judgment Upheld Against State DOT in NC

November 11, 2016 | Associates and Bruce L. Scheiner

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.

The state appealed the trial court verdict that found it was liable, despite the argument that fault rested solely with two drivers who were drag racing at speeds that topped nearly 90 mph. Justices ruled that fact didn’t negate the DOT’s responsibility to install this traffic light – one engineers knew was needed. Although state officials argued they could not anticipated every illegal action that might take place on a public road, the state high court justices found that speeding vehicles was a foreseeable possibility.

Victims in this case include a local professor and her 2-year-old daughter, who were on their way to church, and a 13-year-old boy who was returning from a nearby amusement park. According to appellate court records, the 13-year-old was riding in a vehicle with his 11-year-old friend, driven by a 20-year-old man. When the driver stopped for traffic at one intersection, he and decedent noticed two female friends in an adjacent vehicle. They began joking and gesturing at one another. When the light turned green, both drivers took off at a high rate of speed in the same direction, approaching the intersection where the professor was preparing to make a left turn. The two young drivers were engaging in a race in which speeds reached 86 mph. Continue reading ›

Cadle v. GEICO Gen’l Ins. Co. – Bad Faith Claim Falters on Failure to Prove Permanent Injury

November 11, 2016 | Associates and Bruce L. Scheiner

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 for claims of pain, suffering, mental anguish or inconvenience unless the injury or disease involves:

Significant and permanent loss of an important bodily function;
Permanent injury within a reasonable degree of medical probability (beyond scarring or disfigurement);
Significant and permanent scarring or disfigurement;
Death.

This was the statute that felled the bad faith insurance claim made by plaintiff in Cadle v. GEICO, recently weighed by the U.S. Court of Appeals for the Eleventh Circuit. Continue reading ›

Suing Nursing Homes for Abuse, Neglect Just Got Less Difficult

November 8, 2016 | Associates and Bruce L. Scheiner

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 home that receives federal funding (pretty much all of them) from forcing victims of elder abuse, sexual harassment or wrongful death into private arbitration dispute resolution, rather than court.

The rule would affect nursing homes across the nation caring for approximately 1.5 million residents.

Arbitration agreements, often stuffed into the admissions paperwork, require patients and their families to settle their complaints about the quality of care or serious abuse before a private arbitrator. The outcomes of these dispute resolutions are often heavily skewed in favor of the industry. Not only are damage awards less likely, they are lower when they are awarded. Arbitrators aren’t required to follow the law and their proceedings are not made public. Although this has tremendously aided the nursing home industry in driving down litigation costs, it has proven a serious roadblock to justice for elderly patients and families of patients who have been abused and neglected. Continue reading ›

Vasquez v. American Cas. Co. of Reading – UIM Benefits Conflict With Workers’ Compensation

November 6, 2016 | Associates and Bruce L. Scheiner

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 have enough insurance to cover the full extent of an injured person’s medical bills and other losses.

In cases where both types of coverage apply, plaintiffs need to know that they are not entitled to double recovery. That is, they can’t collect compensation for medical bills from the workers’ compensation insurer and then also collect and keep it from the UIM carrier. Most insurance policies contain some type of offset provision whereby benefits are reduced by the amount paid to the insured by a legally liable third party. In some situations, insurers might assert something called “subrogation rights,” which means if you collect duplicate benefits from a third party, the insurer can file for a lien to collect those benefits.

It’s important when you have suffered an injury that may allow you to collect from multiple insurance companies that you hire a law firm with extensive experience. Failure to do so may result in missing out on certain benefits or being forced to repay benefits already collected from a third party. Continue reading ›

Winning In and Out of the Courtroom

November 2, 2016 | Associates and Bruce L. Scheiner

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 seen the TV shows – the sly lawyer wiggles his client free of responsibility through shady legal maneuvering; that a little intimidation (or worse) is just part of the process – a “necessary evil” for the lawyer who wants to be the best.

Real life works a little differently.

The (Unintended?) Consequences of Worley v. Central Florida Young Men’s Christian Association, Inc., 163 So. 3d 1240 (Fla. 5th DCA 2015)

November 1, 2016 | Associates and Bruce L. Scheiner

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 role models. My wife is a resident physician – on the verge of entering private practice. I’ve had my share of bumps and bruises which my trusted caregivers manage to straighten out in short order and get me right back into the Crossfit gym. More importantly, the lives and limbs – literally – of my parents have been saved by heroic doctors. Nine surgeries and months in an external fixator saved my mom’s arm. Therapeutic hypothermia may well have saved my dad’s brain after his massive heart attack and delayed return of spontaneous circulation.

I am surrounded by medicine, each of my clients has a unique story whose ending is heavily influenced by the care they receive. I study medicine to understand my client’s conditions – and to hold dishonest hired experts accountable by discrediting their medically unsound paid opinions. Medical journals are familiar resources for information on emerging research and best practices. I’m fascinated and energized by the incredible potential of regenerative medicine and pluripotent and multipotent stem cells. I learn the medicine of each of my client’s cases, because the better I understand my client’s condition and situation, the better the outcome I am able to obtain on their behalf.

Liability for Haunted House Injuries in Florida

October 31, 2016 | Associates and Bruce L. Scheiner

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 her back and spine.

The Oakland Press reported the woman filed her lawsuit last year, which was one year after the injury in October 2014. Plaintiff alleged operation of the haunted house rendered it both unsafe and defective. This in turn resulted in a substantial number of injuries to patrons. The alleged negligence of the site owner/ operator reportedly involved:

Employees moving walls;
Inadequate lighting on the floor;
Fall hazards.

Of course, patrons who enter haunted houses do inherently accept some risk. But the question becomes what level of risk was inherent and what responsibility did the owners/operators have to patrons? As paying customers on site, patrons are owed the highest duty of care by the owner/ operator. That means the site has to be reasonably safe and patrons have to be adequately warned if there are any conditions that aren’t safe. Continue reading ›

It’s Only Over When It’s Over

October 31, 2016 | Associates and Bruce L. Scheiner

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 of the settlement funds.

Sometimes intransigent defendants or insurance companies do their best foot-dragging routine to delay payment. So how long do you have to wait to receive payment of settlement funds?

Florida statutes provide a definitive answer – so long as your settlement is with an insurance company. Florida Statute 627.4265 requires that an insurance company tender payment within 20 days of the date of a written settlement agreement or the date of receipt of an executed release of claims by the insurer (depending on whether receipt by the insurance company of the signed release is made a condition precedent to payment of settlement funds). If the insurer does not tender payment within 20 days, the amount due shall bear interest at 12 percent annually from the date of the settlement agreement or the tender of the executed release. The insurance company will then be responsible for paying the full settlement amount plus any interest accrued due to the delay in payment – and interest adds up quickly at a 12% APR (e.g. $1,000 a month on a $100,000 settlement).

When Fort Myers Car Accidents Are Caused by Poor Road Conditions

October 30, 2016 | Associates and Bruce L. Scheiner

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 unsafe.

Some examples might include:

Obscured road signs;
Worn/ uneven surfaces;
Defective guardrails;
Tar overbanding;
Potholes;
Poor drainage;
Ill-positioned tree/ pole/ bridge;
Faded paint on the road;
Inoperative/ non-existent traffic signals.

All these elements are the responsibility of city, county or state governments to maintain. A 2009 study commissioned by the Transportation Construction Coalition revealed that over the course of 18 months, poor highway design and conditions are a factor (if not the cause) of about half of all fatal traffic accidents in the U.S. Study authors opined bad highway design played a role in more motor vehicle deaths than speeding, failure to wear a seat belt and alcohol use. Continue reading ›