Earlier this month, a jury returned a substantial verdict in favor of two families, each of which lost a teenage child in a fatal 2018 Florida car accident. According to a recent news report covering both the tragic accident as well as the jury’s recent verdict, the collision occurred in…
Articles Posted in Car Accident
Court Discusses “Drug and Alcohol Defense” in Recent Florida Motorcycle Accident Case
Last month, a state appellate court issued an opinion in a Florida motorcycle accident case discussing the “drug and alcohol defense” which, in certain situations, can completely preclude a plaintiff’s ability to recover for their injuries after a serious accident. Under Florida’ comparative fault system, even a plaintiff who is…
Florida Court Considers Notice Requirement in Bad-Faith Claim against Insurance Company
Earlier this month, a state appellate court issued a written opinion in a Florida car accident case discussing whether the plaintiff’s claim that her insurance company acted in bad faith should be permitted to proceed towards trial. Ultimately, the court held that although the insurance company eventually made payment under…
The Rear-End Collision Presumption Under Florida Personal Injury Law
Typically, when a Florida car accident victim files a case against another driver, they must establish that the defendant’s conduct was negligent and that their negligence caused the plaintiff’s injuries. However, under certain circumstances, the law imposes what is called a presumption of negligence. A “presumption” allows for a judge…
Holding a Florida Employer Responsible for the Negligence of an Employee
An important consideration in any Florida personal injury case is whether a plaintiff will be able to collect on a judgment if they are successful at trial. For example, the financial and emotional expense of taking a case to trial against a defendant who does not have sufficient assets to…
Florida Personal Injury Cases Against the Federal Government Are Not Subject to Minority Tolling
One of the most common concerns among Florida personal injury victims is when they must file their claim. Typically, all personal injury claims must be brought within a certain amount of time, which is outlined in the statute of limitations. However, the rules differ when cases name state or federal…
Florida Court Determines Residential Community Is Not Liable for Car Accident Allegedly Caused by Dangerous Parking Policy
Earlier this month, a state appellate court issued a written opinion in a Florida car accident case discussing whether a private residential community could be held liable for the injuries sustained by motorists who were involved in a collision within the community. Ultimately, the court concluded that any alleged negligence…
Court Discusses Permissible Scope of Liability Release Waiver in Recent Florida Car Accident Case
Recently, a state appellate court issued a written opinion in a Florida car accident case requiring the court to determine if a liability release waiver signed by the plaintiff prevented her from pursuing a case against the defendant. Ultimately, the court concluded that the scope of the release waiver did…
Florida Court Explains the Limits on Circumstantial Evidence in Recent Car Accident Lawsuit
In a recent state appellate decision, a Florida court upheld a jury’s verdict in favor of a plaintiff who was seriously injured after being rear-ended by a van while stopped in traffic on the Buckman Bridge. The case required the court to determine whether the plaintiff’s case improperly relied upon…
Court Dismisses Appeal Based on Plaintiff’s Failure to Object at Trial, Illustrating Importance of Properly Preserving Issues in Florida Personal Injury Cases
Recently, a state appellate court issued a written opinion in a personal injury case illustrating the importance of taking all steps to properly preserve any issues a party believes a judge decided wrongly in a Florida personal injury case. In this case, the court ultimately dismissed the plaintiff’s appeal because…