Recently, a Florida appeals court issued an opinion in a lawsuit brought by an injured cyclist against Pinellas County. Historically, sovereign immunity protects governmental entities and officials from lawsuits stemming from the performance of their official government duties. However, in the interest of fairness, the federal government (as well as…
Recently, an appellate court addressed an appeal in a Florida car accident case hinging on issues regarding the presumption of negligence in rear-end accidents. The plaintiff appealed a trial court’s ruling in favor of the defendant, who the plaintiff claimed rear-ended her vehicle. The accident allegedly occurred when the plaintiff…
Recently, an appellate court addressed whether a Florida plaintiff may recover uninsured motorist benefits after she suffered injuries at a mobile gym. According to the court’s opinion, the defendant ran a mobile gym out of his truck and trained the plaintiff for several years. To power the machines and equipment,…
A Florida appellate court recently issued a written decision in which it examined the summary judgment standard in a negligence case arising out of a traffic accident. According to the court’s opinion, the accident occurred at an intersection when a driver of a sports utility vehicle (SUV) was heading south…
Among the various types of damages that may be available through a Florida personal injury are loss of consortium damages. These damages are unique in that they are not designed to compensate the victim for any of the injuries they sustained, but instead focus on providing the spouse of the…
Florida law generally allows for an accident victim to recover for their injuries, even if they are partially at fault for causing the accident in which the injuries resulted. In Florida, this concept is known as comparative negligence. Being a modified comparative negligence jurisdiction, Florida accident victims who share responsibility…
Recently, a state appellate court issued an opinion in a Florida car accident case discussing whether the trial court was correct in determining that the defendant’s negligence was the sole cause of the accident resulting in the plaintiff’s injuries. Ultimately, the court concluded that the lower court was correct in…
According to recent statistics by the Florida Highway Safety and Motor Vehicles, distracted driving can be visual, manual, or cognitive. Examples of distracted driving include texting, eating, checking your GPS, unsecured pets, adjusting the radio, tending to kids in the back seat, and even daydreaming. Government statistics show that there…
In the mid-1990s, states across the nation began to see an uptick in the number of roadside accidents. Many of these accidents involved those who operated emergency vehicles on the road’s edge, such as police officers, firefighters, emergency medical technicians, and tow truck drivers. It was not until 2002 that…
Some parties try to get away with lying or concealing information relevant to a legal claim. However, the consequences of failing to provide honest and complete testimony can be dire. In a recent case before a Florida appeals court, the court dismissed a personal injury claim after the plaintiff concealed…