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 …
Common Mistakes Injury Victims Make
There is much information written on what those who are victims of personal injury should and should not do. Checklists abound on the internet for accident victims to follow, to make sure that they get the care they need and preserve their right to get reparation for injuries. Many of those checklists list simple things to do or not do …
Closing Argument Rules in Personal Injury Trials
Even those totally unfamiliar with the legal system or how courts or personal injury trials work are familiar with one part of every trial – the closing argument. The closing argument has become the juiciest, most interesting part of trials for the general public. Great legal movies are based on dramatic closing arguments, and TV shows that will condense the …
Can an Employer Be Liable for Punitive Damages for an Employee’s Actions?
In the world of damages, no type of damage is as well known as punitive damages. Victim advocates cite punitive damages as a way to ensure fairness in the world and to make sure that companies that act recklessly pay in accordance to the harm they cause. Tort reform advocates say that punitive damages lead to runaway juries and hurt …