Under Florida law, in cases arising from car accidents in which a second driver rear-ends the first driver, the first driver is entitled to a rebuttable presumption that the second driver is solely at fault for the accident. Recently, a Florida court of appeals discussed the sufficiency of evidence needed to rebut the presumption, in a case in which it upheld a summary judgment in favor of the plaintiff as ... [Read More]
In most personal injury cases, victims don’t actually pursue compensation from the liable party directly. Instead, they seek damages from their own PIP insurance carrier or the insurance company of the at-fault party. Whether you were injured because of a pharmacy error, slip and fall, motor-vehicle collision, or another type of accident, you can expect an insurance company to be involved in the claims process. Since insurance adjusters are essentially professional negotiators who ... [Read More]
Accident Attorneys Tenaciously Serving Stuart Residents and Other Victims There are virtually countless types of injuries that you can sustain in a serious accident, from broken bones to traumatic brain injuries to a tragic death. Although there are serious disruptions and stresses associated with any type of injury, regardless of how minor it may be, there are some catastrophic injuries that leave a victim and his or her loved ones forever changed. ... [Read More]
While most car accidents are fairly inconsequential, it’s not uncommon for large truck crashes to have catastrophic consequences. If you lost a loved one in a truck accident, you may be wondering how your family is going to cope in the aftermath—both emotionally and financially. Although filing a claim against those liable for the wreck will not abate the trauma of the loss, recovering damages may alleviate the financial burden. ... [Read More]
Discovery is an essential tool in litigation. It allows plaintiffs to gather support for their claims that the defendant caused the plaintiff’s harm and should be held accountable for any resulting damages. Defendants are afforded certain protections in the discovery process, however, and cannot be compelled to produce privileged information. As shown in a recent case in which a Florida appellate court upheld an order compelling discovery, a defendant is not ... [Read More]
While in many car accidents it is easy to identify the party that caused the accident, in some cases the negligent driver cannot be identified. In cases involving a phantom motorist, an injured party may be able to recover uninsured motorist benefits from his or her insurer, if the injured party can establish negligence. Often in cases involving a phantom motorist negligence must be established via circumstantial evidence. In a ... [Read More]
Driving through a parking lot or garage might seem like a fairly mundane experience. Many people do this every day without incident, but parking lot accidents are surprisingly common. Thousands of people are injured and hundreds die each year in these crashes. If you were hurt in such an accident, you may have grounds for a personal injury claim. Read on to learn the answers to some of the most ... [Read More]
John Pape
Mar 16, 2019