Under Florida law, those who bring a bad-faith claim against an insurance company for failing to settle a lawsuit must prove various elements. One element involves establishing that the insurance company’s conduct caused the insured’s loss. There are different ways to demonstrate this requisite caution element. One such method is…
Preexisting injury and conditions refer to a person’s medical state before an accident they are making a claim about. In the context of a Florida accident, victims may face challenges recovering compensation after they suffer aggravation to an existing injury. At-fault parties may refute liability and responsibility for damages by…
Florida is an international hub for some of the world’s most well-known amusement parks. While various governmental entities issue guidance and regulations regarding amusement park safety, many rides pose inherent risks. Although most amusement park-goers sign release of liability waivers in the event of an accident or injury, these waivers…
The District Court of Appeal recently issued an opinion stemming from an employee’s appeal of his Florida workers’ compensation claim. The employee worked as a baggage handler for a major airline when the accident occurred. On the day of the incident, the claimant clocked out walked through security toward a…
In some instances, those who suffer injuries from an intentional act may seek financial compensation from their attackers. Under Florida law, assault and battery victims may file a civil claim against the at-fault party similar to victims of traffic accidents, trip-and-falls, or other accidents in which they suffer harm. These…
The District Court of Appeal issued an opinion in favor of a homeowner’s in a Florida bad faith insurance dispute. According to the record, lightning struck the homeowner’s residence in July 2009, causing serious property damage. The owner filed a claim with his insurance provider, who determined the amount of…
Florida Statute 112.18, otherwise known as the Heart-Lung Bill (HLB), provides protections to first responders who develop certain cardiovascular conditions at work. The HLB protects first responders such as law enforcement officers, correctional officers, and firefighters who experience injuries or illnesses related to tuberculosis, high blood pressure, or heart disease…
The District Court of Appeal in Florida issued an opinion in an appeal stemming from an insurance dispute between an insurance company and the insured. The insurance company appealed a final judgment against them after a lower court found that the insured’s material breach of the contract was immaterial. According…
While the trucking industry throughout the country is consistently growing, the increasing presence of the online marketplace in combination with the pandemic has resulted in significant truck transport. Although trucking transport is a preferable way of shipping goods, the demand has brought on a surge in Florida trucking accidents. There…
Sometimes, when an accident takes place, the at-fault party faces criminal charges. However, you may not know that even if the at-fault party is guilty of those criminal charges, you may not receive compensation as the victim of the accident unless you file a separate civil lawsuit successively. Understanding this…