Earlier this month, a state appellate court issued a written opinion in a case alleging that the state department of transportation was negligent in allowing an orange construction barrel to obstruct a lane of traffic. The case discusses an issue that will be relevant to many Florida accident victims, specifically,…
Articles Posted in Car Accident
Florida’s Rule of Evidence Regarding Witnesses’ Inconsistent Statements
In the initial aftermath of a Florida car accident, everyone’s adrenaline is pumping, and people are not often thinking about the consequences of what they say. Over time, memories tend to fade, and biases may creep into a witness’ thought process. Thus, there is an argument to be made that…
Court Requires Insurance Company to Extend Coverage to Out-of-State Student in Recent Car Accident Case
Earlier this month, an appellate court issued a written opinion in a Florida car accident case involving an out-of-state student who was listed as a driver on her parents’ Florida insurance policy. The case required the court to determine if the insurance company’s refusal to cover the accident was proper…
Florida Court Rejects Accident Victim’s Lost Wages Argument as Speculative
Earlier this month, an appellate court issued a written opinion in a Florida car accident case illustrating when certain types of damages are appropriate. The case presented the court with the opportunity to discuss a jury’s verdict that awarded a plaintiff compensation for both future medical expenses as well as…
Jury Rejects Plaintiff’s Expert Witness’ Testimony in Recent Florida Car Accident Case
Earlier this month, an appellate court issued an opinion in a Florida car accident case requiring the court to determine if a jury was within its right to refuse to award future medical expenses to the plaintiff when the defendant failed to provide contradicting expert testimony. Ultimately, since the plaintiff’s…
Court Rejects Plaintiff’s Premises Liability Case Based on the Fact that Injury Occurred Off Defendant’s Property
As a general rule, Florida landowners have an obligation to ensure that their property is safe for those whom they invite onto their property. The extent of this obligation depends on the relationship between the parties and takes into account the reason why the plaintiff was on the defendant’s property.…
Failure to Raise an Issue at Trial May Prevent Appellate Review in Florida Personal Injury Cases
As is often the case in many of life’s endeavors, preparation is crucial to the outcome of a Florida personal injury case. While this is true across the board – from the moment the case is filed to when the jury returns a verdict – preparation is especially important when…
State Court Rejects Risk-Utility Test in Product Liability Case Against Auto Manufacturer
When courts consider a product liability lawsuit, they will instruct the jury on one of two available tests to determine whether the plaintiff has established their case against the defendant manufacturer. In Florida, courts use the consumer-expectation test to evaluate a plaintiff’s Florida product liability claim.The consumer-expectation test is fairly…
Appellate Court Reinstates Plaintiff’s Case Against Insurance Company of Bankrupt Driver
After a driver is involved in a South Florida car accident, they will likely make a claim with the at-fault driver’s insurance company, seeking compensation for the damages they sustained in the accident. In the event that the at-fault driver does not have insurance or does not have adequate insurance,…
What to Do if the Insurance Company Denies a Florida Auto Accident Claim
Most people buy car insurance with the hope that they never have to use it. Indeed, aside from being required by law, car insurance provides motorists with the peace of mind of knowing that, should the unthinkable happen, at least they will be covered. However, thousands of South Florida car…