The right to carry guns and bear arms, and the extent to which these rights should be restricted, is a subject of great debate. Beyond the arguments over what is and what is not constitutional, are concerns over the consequences of shootings when it comes to civil liability. Proposed changes to Florida’s gun laws could change the landscape of liability …
Birth Related Neurological Injuries May be Subject to State Agency Determination
Injuries caused by medical malpractice can be devastating. That can be said for many types of injuries, but the difference is that it is rare to have a “minor” injury as a result of a medical malpractice, whereas, many falls or car accidents do thankfully result in injuries that are less severe. Injuries to Newborns The extent of damages sustained …
How a Bad Faith Insurance Claim Can Help Injury Victims
We have written in the past about the practical difficulties that insurance can create in personal injury cases. In many situations, a case may be strong legally, and a victim entitled to significant damages, but because of limitations on the amount of insurance, the recovery available to a victim may be limited, even if a jury finds that a victim …
Are Changes to Florida’s No-Fault Insurance Laws Coming?
Florida’s no-fault insurance structure is slowly failing. The unique setup of these laws, once thought to benefit both victims and insurance companies, has been the subject of repeated reform efforts throughout the years, and once again, faces the prospect of more changes in the upcoming legislative session. Some are suggesting that maybe the entire setup should be thrown out. The …
Drones and Liability for Injuries
It seems to be a constant cycle: New technological developments go from specialized and unique to ubiquitous. As that happens, the laws meant to govern these advancements often lag far behind, desperately trying to catch up to the realities of the new discoveries, many of which present unique legal challenges that our laws have never dealt with before. We have …
Fighting for Justice
When you are in a car accident, the goal of most insurance companies is to resolve the matter for as little as possible. They prefer to settle with you out of court by offering you a cut-rate dollar amount that is fully discounted. Simon Telfeyan made a left turn at the intersection of State Road 7 and Funston Street just …
Cruise Excursion Injuries: Who is Liable?
We hear a lot about the safety of our cruise lines, and about the federal maritime laws that differ from the state laws that we are used to when it comes to suing for injuries that are sustained while on a cruise. On top of the normal difficulties involved in these kinds of cases, a new layer of complexity is …
Why Injury Victims’ Spouses May Want to Consider a Loss of Consortium Claim
When someone is injured in an accident, particularly one that causes catastrophic, life altering injuries, the injured victim often is not the only victim whose life is turned upside down as a result of the injuries. The victim often has family, who are left to deal with their loved one’s injuries. As a family member of an injured person, you …
Florida Supreme Court Limits Medical Malpractice Arbitration Clause
When victims who have sustained personal injuries think about difficulties that they may encounter in their case, they may think about stubborn defendants, or whether a jury will be convinced that they have suffered as much as they have. Most will not give much thought to arbitration problems. But arbitration clauses, which are largely anti-consumer and anti-victim, can significantly impact …
How Presumptions Influence Car Accident Cases
When a personal injury case goes to trial, it is assumed that all parties start at zero—that is, that there is no assumption by the judge or the jury before the trial starts that anybody is or is not negligent, but rather, that the parties must prove through evidence their liability or defenses to liability. Presumptions and Their Effect This …