A woman was working at a hospital when she fell and hurt her shoulder. When she tested positive for marijuana, the law presumed that the accident was due to her drug use. The court held that she did not successfully rebut the presumption of the drugs being the cause of the accident. Therefore, she was denied workers’ compensation benefits under the law. If you are injured at work, it is ... [Read More]

If you get into a car accident due to a visual obstruction, you may wonder who is responsible for the injuries or damage caused by the accident. The Florida Third District Court of Appeals addressed this topic in a recent decision. It held that in this case, the people responsible for the foliage that the plaintiff alleged caused the obstruction could not be held responsible for damages from the accident. ... [Read More]

Distracted driving was responsible for 3,450 traffic fatalities in 2016 alone. There are countless distractions vying for your attention whenever you get behind the wheel, but texting is one of the most dangerous. Reading or sending text messages takes your eyes off the road, your hands off the wheel, and your attention off the traffic around you. In other words, for those who regularly text while driving, causing an accident isn’t a ... [Read More]

In a recent case before the Florida Supreme Court, the court decided what kinds of funds Medicaid was able to put a lien against. It held that only an award of past medical expenses could be used to satisfy the lien, and that Medicaid could not touch the award for future medical expenses. If you are injured in an accident, you should contact a Florida personal injury attorney as soon ... [Read More]

  Stores are required to use reasonable care in maintaining their premises in a reasonably safe condition.  If a customer is injured while shopping in a store, the store is not instantaneously liable for the injuries suffered.  An injured customer must show the store either created the dangerous condition, or had actual or constructive knowledge of a dangerous condition.  Florida premises liability can be a complicated area of law where ... [Read More]

Serious accidents involving public transportation are almost always newsworthy because they tend to cause considerable damage. Even when everyone survives, the resulting injuries are often severe. Fortunately, victims and their surviving loved ones have the right to pursue damages from the liable party. If you sustained injuries or lost a family member in a crash that involved a public transport vehicle, you probably have a lot of questions about the ... [Read More]

  If a person is injured while working, her or his injury and expenses are likely covered through the benefits outlined in Florida’s Workers’ Compensation statutes.  In exchange for providing a path to medical care and financial relief quickly, an employer is rewarded with immunity from civil action.  This helps the employee to feel assured the accident is covered and ensure the employer is confident business can move on without ... [Read More]

If you were injured due to the negligence of a government entity or one of its employees, you may be entitled to compensation for medical bills, lost income, and other damages. But filing a tort claim against a city, county, state, or federal government agency is not the same as bringing a claim against a private citizen. There are certain procedural nuances to consider, and one small mistake could be ... [Read More]