South Florida Personal Injury Lawyers Blog

Auto-Pedestrian Accident Kills One in Nassau County

Published on: September 10, 2022 | by Friedman Rodman Frank & Estrada, P.A.

Crosswalks and roadsides can be some of the most dangerous areas in Florida cities for pedestrians, bicyclists, and motorists alike. Traffic equipment failure, visibility obstructions, and negligent driving all contribute to the dangers that pedestrians face when walking near a roadway or crossing at a crosswalk. A crash that occurred late last month in Nassau county involving two vehicles and two pedestrians has left one 73-year-old St. Petersburg man dead, and another woman in critical condition.

According to the facts discussed in a local news report, two pedestrians were walking along the roadside when another vehicle approached from behind, striking the pedestrians and then crashing into a parked car. It is unclear from the article if speed or intoxication were at issue, although the article does not mention charges being filed against the driver.

Drivers must be attentive at all times while driving and keep on the lookout for pedestrians and other vehicles. During early mornings and late nights, it can be hard to see pedestrians along the roadside, however, it is especially important for drivers to maintain their attention on the road. Parked cars along a roadside, especially near an intersection, can obstruct both drivers’ and pedestrians’ views of the roadway, and increase the risk of an accident. Florida’s auto and pedestrian infrastructure is also in need of maintenance and improvement, and some intersections do not have properly functioning signage or traffic control devices.

Florida Plaintiff Successfully Rebuts Employer’s Claim that He Failed to Follow Course of Prescribed Treatment for Heart Disease

Published on: August 31, 2022 | by Friedman Rodman Frank & Estrada, P.A.

In a recent decision, the First District Court of Appeal in Florida addressed a worker’s compensation claim revolving around one individual’s heart disease. On appeal, the court had to decide whether the individual qualified for benefits based on a Florida statute stating that if a plaintiff departs from his doctor’s prescribed course of treatment, he may not be eligible for compensation. According to the court, the individual here did not significantly depart from his doctor’s prescribed course of treatment, and thus he was entitled to the benefits he requested.

The court began by examining the facts of the case: the plaintiff here was a deputy sheriff who suffered shortness of breath and chest pain on an overnight shift in February 2019. He was admitted to the hospital for a heart attack and immediately underwent an arterial stent implant procedure.

The plaintiff sought compensation for the injury, and his employer argued that he should not be entitled to compensation because he failed to follow his doctor’s prescribed course of treatment. Under Florida law, if a plaintiff in a worker’s compensation case significantly departs from the physician’s course of prescribed treatment, that plaintiff’s employer may not be responsible for compensating him after an injury.

Five Young Adults in Florida Killed in Fatal Crash

Published on: August 27, 2022 | by Friedman Rodman Frank & Estrada, P.A.

When negligent or reckless driving is at play, the consequences can be severe, as is evident from a recent fatal collision that took place near Miami. A popular news site recently published information on the accident, revealing details about the driver as well as the victims of the devastating crash.

According to the article, a Florida driver was driving the wrong way on an expressway around 4:30am one recent Saturday. His Nissan Infiniti was going eastbound in the westbound lane, and he encountered a Honda sedan going the correct way on the road. Neither the Infiniti nor the sedan had an opportunity to swerve, and the cars crashed into each other head-on. There were four women and one man inside the sedan, and all five of them were killed upon impact. The driver of the Infiniti was taken to the hospital, where he is still being treated for his injuries.

Investigations revealed that the driver has not possessed a valid driver’s license for eight years, since he was arrested in 2014 for speeding. According to one report, the driver had been arrested for driving 109 miles per hour, which is significantly above any speed limit on Florida’s expressways. The driver’s license had not been reinstated; thus, he was operating his vehicle illegally when he crashed into the five victims. It is unclear whether alcohol or drugs were involved in the accident, and at the moment, no foul play is suspected.

Employer Compelled to Pay for Home Healthcare Expenses Under Workers’ Compensation Case

Published on: August 22, 2022 | by Friedman Rodman Frank & Estrada, P.A.

Florida workers’ compensation law is designed to allow for workplace injuries to be addressed and relieved efficiently and without undue difficulty for the injured employee who seeks treatment. In reality, offering functional workers’ compensation coverage costs employers and providers money, and they will often delay or deny coverage to prop up their bottom line and save money. The Florida Court of Appeals recently addressed a claim by an employee that their employer willfully ignored the legal requirements of state law in order to delay offering the plaintiff the care they were entitled to.

The plaintiff in the recently decided case was an employee of the defendant, a Florida car dealership when she was injured on the job. Under her employment contract, she was directed to seek treatment using her employer’s workers’ compensation coverage. After her initial care, the woman’s doctor prescribed a home health aide to assist her with everyday duties during her recovery. Although the plaintiff was prescribed a home health care assistant, the defendant repeatedly notified her that the prescription was not detailed or accurate enough, and refused to pay for the care.

Pursuant to Florida workers’ compensation claim procedure, the plaintiff brought her request for coverage to a Florida Judge of Compensation Claims (JCC), who agreed with her employer that the prescription was not detailed enough to warrant coverage for the home health assistant. After the procedural rejection, the plaintiff brought the case to the Florida Court of appeals. The plaintiff argued that the doctor prescribing the care to her was clear and specific that she needed home health assistance, and the only ambiguity was the amount of care she would need, which could be determined based on an evaluation by the provider.

A Primer on Florida Workers’ Compensation Benefits

Published on: August 17, 2022 | by Friedman Rodman Frank & Estrada, P.A.

Workers’ compensation, sometimes known as workers’ comp, is a type of insurance that provides wage replacement and medical benefits to qualifying Florida employees who suffered injuries or illness in the course of their employment. Employers offer this benefit in exchange for the employee’s relinquishment of their right to sue the employer for civil negligence.

Although the legislative intent of workers’ compensation appears as an employee benefit, in practice, workers’ compensation often benefits employers, specifically those employers who have particularly hazardous work environments. Those who have suffered injuries at the workplace should consult with an attorney to determine the steps to take to preserve their rights to workers’ compensation benefits and potential third-party claims.

Steps to Take After a Workplace Injury

After a workplace injury, employees should report the accident or illness to their employer as soon as possible, but no later than thirty days after the incident. Then, the employer should report the injury to the insurance company no later than seven days after their knowledge. If they fail to do so, the employee has the right to report the injury to their insurance company. Employees should always seek medical treatment authorized by their employer or insurance company.

Florida T-Bone and Side Impact Accident Liability

Published on: August 17, 2022 | by Friedman Rodman Frank & Estrada, P.A.

Although every motor vehicle crash has its own complex dynamics, most of these incidents are preventable events. While weather or road design and condition may impact the likelihood and severity of an accident, the human factor stills play a predominant role in Florida accidents. This is especially true in T-bone accidents.

T-bone or side-impact collisions refer to situations when the front of one vehicle slams into the side of another. These accidents can lead to serious life-altering injuries and even death. According to some studies, T-bone collisions are the primary reason for 60% of all deaths in economic cooperation and development (OECD) member countries. Further, the National Highway Traffic Safety Administration (NHTSA) reports that these intersection collisions contribute to nearly half of all collisions in the nation.

Who is Liable in Florida T-Bone Accident?

Many situations can lead to T-bone or side-impact collisions. Some common liable parties in a Florida T-bone accident include:

Drivers: Negligent drivers speeding through a yellow light or stop sign and slamming into another driver are often responsible for these accidents.
Vehicle Manufacturers: These accidents may also result from defective brakes or other car parts.
Government Entities: Poorly designed roadways or roads without appropriate signage may increase the likelihood of a T-bone accident.
Businesses: Businesses who maintain control over a parking lot with inadequate signage or broken direction signals may be liable for these accidents.

How Pure Comparative Negligence Affects Your Florida Car Accident Claim

Published on: August 11, 2022 | by Friedman Rodman Frank & Estrada, P.A.

Driving or riding in the front seat of a car without a seatbelt can increase your risk of moderate to fatal injury by 50% and of dying by 45%, and each year thousands of people experience more severe injury or death in Florida car accidents due to their failure to wear seatbelts. Car drivers and passengers should always wear their seatbelts while the car is in motion. While occupants of cars might be tempted to unbuckle their seatbelts, either because they are driving a short distance or because they are driving at low speeds, doing so could have a significant impact on a victim’s recovery in the event of a car accident.

Given the substantial risk of dangerous car accidents in Florida, drivers should be aware that in Florida, pure comparative negligence in a car accident can have a significant impact on a victim’s recovery. A skillful plaintiffs’ attorney can use pure comparative negligence to advocate for a larger recovery for a victim and navigate past strong legal defenses. A recent local news article discussed a fatal Florida car accident that occurred in July 2022.

According to the news article, the accident occurred when a 23-year-old, driving a jeep with two passengers, lost control and veered off of I-95 South and collided with the guardrail. The force of the collision with the guardrail caused the car to cross over into the center median. During the crash, the front passenger was ejected from the vehicle, landing in the left lane of I-95 North. He was subsequently struck by an oncoming vehicle and killed. The accident occurred around 2:45 a.m. on Sunday approximately 1.5 miles north of County Road 210. The driver and the third passenger in the jeep received minor injuries and nobody in the second car was hurt. According to the Florida Highway Patrol, none of the three individuals in the jeep were wearing their seatbelts at the time of the crash.

Florida Appellate Court Rules in Favor of Claimant in Independent Medical Examination Case

Published on: August 11, 2022 | by Friedman Rodman Frank & Estrada, P.A.

In a recent decision, the First District Court of Appeals in Florida issued an opinion in an appeal involving a cancellation fee charged by the Employer/Carrier’s (E/C) independent medical examiner (IME). According to the record, Claimant was required to attend the independent medical examination while wearing a mask by the E/C. The parties did not dispute that Claimant attended the examination while wearing a mask. However, the E/C stated that by bringing a videographer to record the examination without prior notice, causing the IME to refuse to conduct the examination while being filmed, Claimant became responsible for half of the IME cancelation fee under section 440.13(5)(d), Florida Statutes (2019). E/C’s claim states that this is due to the fact that Claimant’s actions amounted to a “constructive no-show” by behaving in a manner that caused the IME to cancel the examination.

The judge of compensation claims (JCC) agreed with the claims made by the E/C, finding the cancellation was entirely of Claimant’s making as she did not provide notice that she would bring a videographer. Subsequently, the JCC granted the E/C an “award of taxable costs of $900.00 for one half of a cancellation fee charged by the E/C’s IME” under section 440.13(5)(d).

The appellate decision acknowledges that Florida Rule of Civil Procedure 1.360(a)(1)(A) “requires that the person to be examined must advise if the examination is to be recorded or observed by others, and shall include, inter alia, the number of people attending and the method or methods of recording,” but points out that “no corollary for this exists in the workers’ compensation rules or statutes.” In fact, the appellate court decision highlights the JCC’s broad discretion to award costs in such cases, and states that “generally, if a claimant can show good cause for the failure to attend an IME, no sanctions are awarded.” The appellate opinion further states that “the JCC must also ensure that the cancellation fee was properly charged, and the amount was appropriate under the circumstances.” Finally, the appellate decision points out that section 440.13(5)(d) “provides that payment of half of the no show fee” attaches if “the employee fails to appear for the independent medical examination,” but makes no mention of the “constructive failure to appear” that the JCC cites to. Ultimately, the appellate opinion finds that Claimant should not be charged with paying half of the IME cancellation fee under the facts presented.

Florida Couple Killed in Tesla Crash

Published on: July 31, 2022 | by Friedman Rodman Frank & Estrada, P.A.

The meteoric rise of the automaker Tesla, known for its stylish electric vehicles that contain an “autopilot” feature, has been accompanied by increasingly concerning reports of accidents that may have been caused by misuse or a malfunction in the autopilot system. A popular international newspaper recently published a report on a Florida accident involving a tesla that left two occupants of the vehicle dead. An investigation is ongoing, but the increasing prevalence of these types of accidents is giving regulators and members of the public concern.

According to the article discussing the accident, the vehicle involved was occupied by a couple in their mid 60’s when it inexplicably exited the highway near Gainesville and crashed into the back of a semi-truck, The tesla went underneath the trailer portion of the semi, and the top of the car was sheared off. Both occupants were pronounced dead at the scene, and the crash remains under investigation. As of the time the article was published, it is not clear whether the autopilot feature was being used leading up to the crash.

Products manufactured and marketed for sale in the United States are expected to be safe for people to use in the manner that they were intended. New technologies like self-driving cars should be implemented with extreme caution, especially considering the inherently dangerous nature of driving. If the Tesla autopilot feature has inherent problems that result in these types of accidents, the manufacturer may be in serious legal jeopardy. Tesla advises its customers to always keep their hands on the steering wheel when using the autopilot feature, but consumers seem reluctant to follow these instructions, and their own lives and the lives of other motorists are being placed in jeopardy.

Injured on the Job? The Basics of Florida’s Workers’ Compensation Law

Published on: July 31, 2022 | by Friedman Rodman Frank & Estrada, P.A.

Most Florida employers are required to have workers’ compensation insurance to cover the medical expenses of an employee who was injured while working. Workers’ compensation insurance guarantees that all medical treatment for work-related injuries will be paid for on behalf of the employer, following Florida law. Workers’ compensation insurance also can cover additional expenses and accommodations that may need to be addressed as an injured employee returns to work. Although workers’ compensation laws and insurance are designed to insulate workers from the consequences of an injury, many employers and employees do not have a full understanding of what is covered, and how to make a claim. The Florida Division of Workers’ Compensation website has a workers’ compensation section that addresses many of these questions.

Florida workers’ compensation insurance covers all of the medical bills that were incurred from an on-the-job injury. Additionally, employees are entitled to ⅔ of their usual wages if they are unable to work for over 7 days. To start the process of using workers’ compensation coverage for medical care, an injured employee should report the injury to their employer as soon as possible after the injury. Failure to report an injury within 30 days may result in the denial of an otherwise eligible claim. Within 7 days of receiving the report from their employee, your employer should notify their insurance company of the claim. If an employer is refusing to cooperate, the employee also may notify the insurance company themselves.

After a workers’ compensation claim has been opened, the injured worker should be able to receive all medical treatment that was ordered by the doctor. This includes any inpatient or outpatient care, physical therapy, prescriptions, and other ancillary care related to the injury. Compensation for lost work is also available, but may only cover anywhere from one to 104 weeks, depending on the facts of each case. Injured workers may also be eligible for other benefits through the federal government’s social security program, however, coverage limits do apply.