Florida Injury Attorney Blawg

Florida Statute 624.155 provides a civil remedy for persons damaged by an insurer’s failure to settle claims in good faith. The remedy can include an award of damages in excess of the insured’s policy limits, attorney’s fees and litigation costs. This threat is the spur that motivates insurance companies to handle claims properly. (Side note:…

In McCall v. United States of America, the Florida Supreme Court declared that the statutory cap on noneconomic damages in medical malpractice cases was unconstitutional. (In reaching this conclusion, the court determined that the numbers Governor Jeb Bush and his cronies presented to the Florida Legislature to demonstrate a medical malpractice crisis were cooked. In…

This link contains an overview of permit and license standards in Florida for drivers between the ages of 15 and 17. Florida Statute §322.09(1)(a) requires an authorized adult (e.g., parent or guardian) to sign and verify the minor’s application. In turn, §322.09(2) makes the adult jointly and severally liable for any damages caused by the…

On March 13, 2014, the Florida Supreme Court, by its decision in McCall v. United States of America, exposed the fraud of “Tort Reform” perpetrated on the American public by Karl Rove, George Bush, Jeb Bush and others of that ilk. Michelle McCall, a U.S. military veteran, died from shock and cardiac arrest as a…

A pedestrian struck and injured by a motor vehicle may be covered by some, all or none of the following types of motor vehicle insurance: Personal Injury Protection (PIP). PIP is no-fault insurance, meaning that covered individuals receive the benefit without regard to fault. Put another way, at-fault individuals may recover under this type of…

In Bellevue v. Frenchy’s South Beach Cafe, Inc., So.3d , 38 FLW D2537 (Fla. 2nd DCA 12-4-2013), the 2nd DCA held that the trial judge was wrong in keeping evidence of the following prior incidents, some of which dated back four-and-a-half years before the subject incident, from the jury’s consideration in a barroom brawl case…

Many people, including some personal injury lawyers, believe that UM insurance always provides coverage when the insured is not at fault and there is no other insurance to cover the losses. This is wrong. When the driver of an uninsured or underinsured (UIM) vehicle causes an accident, UM/UIM should kick in to compensate for losses…

Insurance companies operating in Florida are under a legal duty to adjust claims in good faith to prevent their insureds from being subject to excess judgments (a court judgment in excess of a policy’s liability limit). A carrier that fails to act in good faith may be forced to satisfy an excess judgment as punishment…

While it’s bad enough that the employer/carrier (“E/C”) get to hand pick the injured worker’s treating doctors, Section 440.13(9)(c) Florida Statutes (2013) gives them a free shot at defeating opinions they oppose. My recent experience demonstrates the point. In pertinent part, Section 440.13(9)(c) provides: If there is disagreement in the opinions of the health care…

Florida law requires every owner or registrant of an operable personal use motor vehicle to maintain Personal Injury Protection and Property Damage – Liability insurance. See Florida Statute 627.733 Required security. While other types of coverage are available under the standard Florida motor vehicle insurance policy, these are the only two that are mandatory. While…