Florida car accidents not only cause new injuries for those involved in the accident, but aggravate pre-existing medical conditions as well.  Regardless of whether the injuries were old or new, all must be tied to the accident in order to recover damages.  A recent appeal examines the presence of pre-existing conditions in a rear-end collision between a bus and another vehicle that pulled out in front of it.  The ... [Read More]

In any personal injury case, the injured person must connect the accident to the alleged injury in order to receive damages.  The Florida Fourth District Court of Appeal recently assessed in a Florida car accident case, No. 4D17-1900, whether it was an error for the trial court to allow an expert witness for the injured person to testify about causation and permanency in violation of a trial preparation order.  The plaintiff ... [Read More]

  The Florida Motor Vehicle No-Fault Law is designed to help all of the parties involved in a Florida car accident.  The statute attempts to provide available funds through the purchase of mandated auto insurance to an injured driver or passenger under a policy while minimizing costs to the auto insurer and the insured public at large and adequately paying medical treatment providers.  The statute requires an insurer to reimburse ... [Read More]

  When an injury occurs on the premises of a business, it can be difficult to determine who is liable for the accident. When there are multiple entities involved, including insurers, indemnity often comes up between the parties.  Insurance companies often indemnify their insureds, meaning that they handle the suit on behalf of the insured.  Sometimes two companies can agree between themselves that one will indemnify the other in certain ... [Read More]

  The Fifth District Court of Appeal reached an interesting conclusion in Case No. 5D16-2794 in a Florida wrongful death case involving a corporate pizza chain, its franchisee, and a widow who was not married to the decedent at the time of the accident.  The decedent was first injured in a serious car accident after he swerved into the median to avoid another car that pulled in front of him.  ... [Read More]

In a recent Florida brain injury case, a teenager suffered permanent brain damage after her treatment for hydrocephalus at a Medical Center and Children’s Hospital. The teen had been diagnosed with hydrocephalus at 12 years of age, caused by a tumor creating a build-up of excess cerebral spinal fluid in the brain. To assist with the blockage, she underwent surgery, which went well. Another procedure was scheduled two years later ... [Read More]

Section 627.727, Florida statutes delineates the requirements for (UM) uninsured motorist coverage - specifically how an insurer must document the rejection of coverage. The insured can select UM coverage lower than the bodily injury liability limits of the policy or reject coverage entirely, but she or he must do so through writing. In a recent Florida car accident case, No. 4D17-332, the court looked at whether an insurance company failed ... [Read More]

Businesses are expected to exercise reasonable care over their premises, providing inspection, maintenance, repairs, or warnings of any foreign object or substance. If the business fails to provide this to its customers, and this failure results in injuries, the property owner or manager can be held liable for the injuries and expenses incurred as a result. A Fourth District Court of Appeal case reviews the type of proof needed in ... [Read More]