When trucks are involved in accidents, the results can be devastating. Their sheer weight alone, as well as often flammable or hazardous cargo, make them the cause of too many dangerous and often fatal roadway accidents. Trucking Laws Truckers are subject to a complex web of federal and state regulations. Truckers who drive in the State of Florida must: Be …
Can You be Forced to Pay Attorney’s Fees in a Personal Injury Case?
Unlike in many other countries, a prevailing party in a Florida injury lawsuit does not automatically get awarded attorney’s fees. There are only two ways that a prevailing party in a lawsuit can get attorney’s fees—if there is a contract awarding fees or a statute or law that awards them. In the personal injury context, this creates problems. Lawsuits for …
Florida Supreme Court Declares Damage Caps in Malpractice Cases to be Unconstitutional
The constitution most often comes into play in criminal cases, and that is where it usually makes the most news. Sometimes the constitution can provide or take away rights or duties to victims in injury cases. Recently, the Florida Supreme Court, citing Florida’s constitution, which in many ways mirrors the U.S. Constitution, reached a landmark decision, restoring vital rights to …
Liability When Self-Driving Cars Make Moral Decisions
The law and morality are closely intertwined in the world of personal injury law. The law strives to do what is right, both for the individual but also while balancing the needs of society. Emerging technology is raising some serious moral questions that could have serious legal consequences when it comes to self-driving cars. The Dilemma of Self-Driving Cars We …
Lack of Seat Belt Usage Still Prevalent in Florida Accidents
Sometimes it feels like the same topics come up over and over again when it comes to automobile safety and car crashes. Sometimes that is understandable, such as with new or evolving developments in law and technology. But when it comes up over and over again with tested ways to keep a family safe, it can only leave you wondering …
Fraud on the Court Almost Gets Case Dismissed
One of the biggest concerns that an injury victim may have in court—or that anybody that ends up in a trial may have—is what happens if the other side just lies? What motivation is there for someone to tell the truth? Certainly, there is the risk of a criminal conviction for perjury. But in the short term, our legal system …
Negligent Entrustment is a Powerful Theory of Recovery for Accident Victims
When we think of negligence, we often think in terms of direct negligence. That is, we think of the driver that carelessly hits someone else, the doctor that errantly fails to perform a procedure, or a nursing home staff member who abuses a resident. There is an entirely separate category of negligence, however, that is often referred to as indirect …
Florida Ranks High in New Distracted Driving Study
Once again, it seems that Florida has found itself on the top of a national rankings study in which it probably does not want to be featured. Despite the repeated warnings from law enforcement and safety officials about the dangers of distracted driving, a recent study found that Florida drivers are some of the worst in the nation. New Study …
United Airlines Lawsuit Has Applications in Many Areas of Personal Injury Law
Just over a week ago, a man was forcefully removed from his seat in a United Airlines plane. A lawsuit is now ensuing, which brings up interesting issues that can apply not just to those injured while on an airline, but have widespread application to many different areas of personal injury law. Man Forcibly Removed From Plane As you may …
Florida Supreme Court Upholds Confidentiality Between Injury Victims and Attorneys
Many of us know, whether from TV or from common sense, that whatever we say to our attorneys is absolutely privileged and confidential. With limited exception, attorneys are prohibited from ever disclosing what clients tell them. This allows clients to receive the full benefit of an attorney’s representation, as an attorney must know all the facts of a case, in …