Deciding whether to accept an insurance company settlement in the wake of a car accident depends on several factors, some of which are directly related to the laws of the state in which the accident occurred. Some states allow car accident victims more leeway in the settlement process, while other states limit and regulate it. In Florida, there are two …
Obtaining Your Auto Accident Police Report in Florida
If you have been seriously injured in a car accident in the state of Florida and have received an inadequate settlement offer from your own car insurance provider, it may be in your interest to reject the offer and instead file a lawsuit against the at-fault driver and his or her insurer. Doing so, with the assistance of an experienced …
It is Now Harder for Experts to Testify in Car Accident Cases
The Frye Standard In 1923, the case of Frye v. United States, 293 F. 1013, set the standard for when scientific evidence would be allowed into federal courts. The Court gave two ways that expert witnesses could offer such evidence. For “new or novel” scientific principles or discoveries, they “must be sufficiently established to have gained general acceptance in the …
Florida’s Good Samaritan Law
Responding to Emergencies Let’s say that while driving on the highway you witness a traffic collision. You pull over and see that the victim is trapped inside his car and his car is leaking gasoline. Others have pulled over, as well. Perhaps someone has already called 9-1-1. Yet no one has made a move to rescue the trapped man. What …
Negligent Security
When a person has become a victim of crime in a place where the property owner’s security measures should have prevented such crime, the property owner may be guilty of “negligent (or inadequate) security.” The tort of negligent security stems from the ancient legal concept of “premises liability,” which means simply that the owner of a premises owes a certain …
Settling the Personal Injury Claims of Minors
Under Florida Statute 744.387, parents may not settle personal injury claims larger than $15, 000 on their children’s behalf without first getting court approval. In order to get the court’s approval, the parent files a Petition for Approval of Settlement. The petition tells the circumstances that led to the child’s personal injury, the relative fault and liability of the parties, …
Fireworks Injuries – Prevention and Legal Accountability
Summer is a time to enjoy warm nights and to spend time celebrating with friends and family. While food, fun, and fireworks can make up a memorable night, fireworks can come with their own risks. Even though the number of large-scale fireworks-related injuries is fairly low, the majority of injuries result from home use. In fact, in 2014 alone it …
Diagnosis Errors and You
When an individual gets sick, it is only natural to seek to remedy the illness. Unfortunately, an individual who goes to a healthcare provider may come out suffering from more than what he or she went in with. In a fair number of cases, this can be due to the fault of the healthcare professional making an error in diagnosing …
Swimming Pool Accidents – Prevention and Legal Accountability
While there are many ways to enjoy the summer, spending time in a pool can be a great way to relax and make the most out of the long summer days. Unfortunately, pools can be just as dangerous as they are enjoyable. In fact, according to the U.S. Consumer Product Safety Commission, approximately 300 children under the age of five …
Respondeat Superior – Car Accidents and Company Vehicles
Accidents can happen in any place and at any time. In most cases, you might have a good idea of who to hold responsible, as the other person operating the vehicle might be the only person available. Sometimes, however, you might encounter situations in which the driver may not have enough money to cover all of your medical costs, or …