Florida Personal Injury Lawyer Blog

Published on: March 11, 2021

How Do I Know If I Have a Florida Bad Faith Insurance Claim?

Florida bad faith insurance claims

Drivers and vehicle owners dutifully pay their auto insurance premiums monthly or quarterly with the understanding they will receive a fair claims payout if the need arises. Unfortunately, far too many customers learn the hard way that insurers are primarily concerned with their own bottom line. But as our South Florida civil trial attorneys can explain, insurers are also bound by statutory and common law rules that compel them to act in good faith. Failure to abide by these rules in denying or delaying rightful claims can be the basis for a successful Florida bad faith insurance claim.

Published on: February 18, 2021

Florida Motorcycle Passenger Injuries: What Are My Rights?

by Leland Garvin

Florida motorcycle passenger injuries

Motorcycle accidents in Florida are unfortunately all-too-common. The Florida Department of Highway Safety and Motor Vehicles reports that there were more than 9,100 motorcycle crashes reported statewide in a single recent year. NHTSA reports that per vehicle miles traveled, those on motorcycles are 28 times more likely to be injured in a crash than people in passenger vehicles. As for motorcycle passenger injuries specifically, a JAMA Surgery study found that traumatic brain injuries – the most common type of motorcycle injury overall – were far more common among passengers, who are reportedly less likely to wear helmets.

Despite the outsized risk posed to passengers on motorcycles, most injury articles focus on damages for the motorcycle operator. For Florida motorcycle passenger injuries, the approach to financial compensation may be different than the average single-rider case. Riders have little control over the bike itself, placing the passenger in an exceedingly vulnerable position. Often, liability may be sought from more than one source.

Published on: February 10, 2021

Overcoming Challenges in Florida Large Truck Accident Cases

by Leland Garvin

Florida large truck accident cases

In the last decade, the number of deadly Florida large truck accident cases increased nearly 75 percent, with almost 300 reported in the most recent year, according to The Federal Motor Carrier Administration. On average, more than 3,000 people lose their lives in U.S. truck accidents annually. Federal data released last month indicated the number of people injured in large truck crashes – occupants and non-occupants – spiked 5.3 percent to 159,000 in 2019.

Trucks in Florida barrel daily down I-75 (including Alligator Alley through the Everglades), I-275, I-95, I-4 and I-10. They also rumble along U.S. 41 and on many rural routes in South Florida, posing a greater risk to other drivers.

Florida lawsuits involving large trucks such as 18-wheelers can be especially complex. As our Fort Myers truck accident lawyers can explain, you are not dealing with the just negligence of a single, private individual behind the wheel. Rather, like layers of an onion, there are likely to be numerous corporations, employees, vehicle owners, and insurers involved.

Further complicating matters is that Florida’s large truck accident cases tend to involve very serious injuries, much more so than the average car accident (perhaps unsurprising given that these vehicles can weigh up to 30 times as much as a car). Lives have been upended, shattered, or even lost. Meanwhile, companies know they have hundreds of thousands or millions of dollars on the line. Drivers may have their careers at stake. These defendants are usually well-funded inclined to invest heavily in protecting their own interests – no matter how tragic the circumstances. These are not the kind of cases that can be trusted to just any law firm.

Published on: January 21, 2021

Speeding Driver Liability in South Florida Car Accident Lawsuits

by Leland Garvin

South Florida car accident lawsuits

The National Highway Traffic Safety Administration recently tweeted that speeding-related car accident deaths are up all over the country – in some areas, as much as 15 percent. As the agency pointed out, the higher the speed, the worse the crash-related injuries. What is also relevant for those weighing South Florida car accident lawsuits is that high speed can factor significantly in crash liability.

According to the Insurance Institute for Highway Safety, speed is one of the most common – and dangerous driver behaviors – with an estimated 1/3 of all deadly crashes involving at least one speeding driver. Part of what makes speeding such a threat is that so many drivers consider it innocuous and make excuses for it. (“I was running late,” “everyone else on the road is going 70+mph,” “I’d be in more danger going slow than fast on Florida highways,” etc.). In reality, speeding has dangerous consequences, among them being:

Reduced ability to maneuver around roadway obstructions or negotiate curves.
Longer time/distance needed to stop safely.
The distance a vehicle travels while speeding driver reacts to a hazard is increased, meaning there is greater potential for more injuries/people affected.
Increased risk for both crashes and injuries because neither drivers nor pedestrians can quickly and accurately assess a speeding vehicle’s distance.

Car accidents killed more than 36,000 people nationally in 2019. As one analysis by ProPublica revealed, the risk of serious injury and death increases rapidly with each mile-per-hour increase. A person is 70 percent more likely to be killed if they are struck by a car traveling 30 mph compared to one traveling 25 mph.

Naples injury lawyers can explain, there is little question that excessive speed can be the basis of liability in South Florida car accident lawsuits. How big of a role it plays will depend on the underlying facts of the case.

Published on: January 13, 2021

Pandemic Pet-Buying Boom May Lead to More Florida Dog Bite Injuries

by Leland Garvin

Florida dog bite injuries

The pandemic compelled many Floridians to stay closer to home in the last year, prompting many to turn to four-legged companions for comfort. In 2020, there was an unprecedented number of people in Southwest Florida who fostered or adopted a pet, according to The News-Press. Undoubtedly, pets are a salve against isolation and anxiousness. However, there has been one unfortunate unintended side effect: A surge in Florida dog bite injuries.

In an analysis published by the Journal of Pediatrics, physicians at some children’s hospitals reported a three-fold increase in the rates of visits to pediatric emergency departments because of dog bites. Rates of dog bite injuries in the spring were more than double the summer rates, when these types of injuries are typically most common. Some cities, like Minneapolis, ordered all dogs to be leashed after noting a sharp uptick in dog bites there.

As our Fort Myers injury lawyers understand, families with kids and dogs have endured some unique challenges over the last year. Kids were staying home, common outlets like school, sports and playdates were sidelined, and working caregivers may not have had the capacity to supervise every second of child-animal interactions. This can increase the potential for dog bites. Continue reading

Published on: December 16, 2020

Can I Sue the Rental Company for Florida Car Accident Injuries?

by Leland Garvin

Florida car accident injuries

When it comes to liability for Florida car accident injuries, well-established case law and the dangerous instrumentality doctrine allow vehicle owners to be held liable for injuries caused by the negligence of authorized drivers – even if the owner was not driving or otherwise negligent. However, there are exceptions for rental car companies under the federal Graves Amendment. Still, it may be possible to sue a rental car company for Florida car accident injuries under certain circumstances if the company is negligent.

A recent example is playing out in Florida courts, as reported by The Tampa Bay Times. While the possibility of recovery in this far-fetched case is incredibly unlikely, it will work to illustrate the point. This case started in 2013 when a man rented a vehicle from Enterprise. According to the affidavit, written from a corrections center where he is serving hard time for vehicular homicide, plaintiff stated he was in no shape to drive when he entered the rental center to rent a vehicle.

He reportedly could not get a rental in his own name because his driver’s license had expired. Plus, there was a warrant for his arrest. When he entered the rental facility, he said he was so intoxicated he could hardly walk. Because he did not have his own valid driver’s license, he presented that of his younger brother. He alleges that a management trainee at the facility either knew or should have known that his drunk state alone rendered him unsafe to drive. The fact that he was handed the keys anyway, he alleges, amounted to negligence.

Published on: December 10, 2020

What are Tort Claims? Key West Injury Lawyer FAQ

by Leland Garvin

Key West injury lawyer tort claims

If you have ever done a cursory search on filing a personal injury claim in Florida, there is a good chance somewhere along the way you ran across the phrase “tort claims.” But what is a tort?

As a Key West injury lawyer can explain, “tort” is a legal term for a personal injury caused by civil wrongs. The goal of tort law is to right the civil wrongs by “making whole” (to whatever extent possible) the person who has sustained injury, suffering, unfair loss, or some other harm caused by someone else’s careless, reckless or criminal action.

The goal in most Florida tort claims is to recover financial losses and possibly prevent the same type of situation from happening to someone else. Financial Damages can include lost wages, mental and physical pain and suffering, loss of life enjoyment, and medical bills. These are losses already incurred and those reasonably certain to occur in the future. Continue reading

Published on: December 3, 2020

Do I Have to Wear a Motorcycle Helmet? Florida Cycle Injury Lawyer Insight

by Leland Garvin

Fort Myers motorcycle accident lawyer

Motorcycles are prevalent in the Sunshine State. More than 550,000 motorcycles are registered here, and biker tourism is a big draw. As a longtime South Florida injury lawyer, I am familiar with Florida’s motorcycle helmet law and have successfully handled my fair share of motorcycle accident claims in Fort Myers, Naples, and Key West. The National Highway Traffic Safety Administration (NHTSA) reports more motorcyclists and passengers are injured and killed here annually than in any other state.

In motorcycle injury and wrongful death cases, the question “Do I have to wear a Motorcycle helmet in Florida?” often arises; whether riders have the right to forgo helmets and whether that decision impacts their injury claim is often the next question. The answers depend on how old you are, what kind of insurance you have, and whether you suffered head/neck/facial injuries.

Published on: November 25, 2020

Florida Personal Injury Lawyer on Avoiding Common Holiday Injuries

by Leland Garvin

Florida personal injury lawyer

It is the most wonderful time of the year – unless preparing for or partaking in it lands you in a hospital emergency room.

From ladder falls to parking lot pedestrian accidents, an experienced Florida personal injury lawyer knows all-too-well how life-altering these occurrences can be.

The U.S. Consumer Product Safety Commission reported that there were 18,400 reported injuries sustained by those decorating for the holidays in a single recent year. Many of these involved falls, often while hanging lights or other decorations from roofs or trees. Many suffered strains, sprains, and lacerations, but two died.

Further, the CPSC reported roughly 100 Christmas tree fires resulting in 10 deaths, 10 injuries, and $12 million in property loss. There are also 20 injuries caused by swallowing objects and dozens of burn injuries caused while cooking holiday meals.

On the road, injuries can result from drunk driving accidents caused by motorists over-imbibing at holiday parties. There are also pedestrian accidents at shopping centers, crosswalks, and other high foot traffic areas, often precipitated by distracted, rushed, or fatigued drivers.

Your health insurance may fully cover the costs of some of these injuries. However, if you are injuries are fairly serious, and someone’s negligence was at least partly to blame for what happened, you will want to consider talking to a Florida personal injury lawyer.

Published on: November 18, 2020

Unnecessary Treatments: Another form of Florida Nursing Home Abuse

by Leland Garvin

Florida nursing home injuries

Billing state and federal government agencies for an unnecessary treatment of nursing home patients not only cheats taxpayers, but it can also lead to Florida nursing home abuse. This type of healthcare fraud involves improper, inflated, or otherwise unlawful billing of government and private insurers that fund nursing home residents’ daily care. As our Naples, Florida nursing home abuse lawyers can explain, the vulnerable adults who live in these facilities are inevitably affected.

Unnecessary intensive care – particularly at the end of life – may result in significant profits for the nursing homes, but it can increase pain, exhaustion, and suffering of the patient. It can also delay palliative or hospice care and might even accelerate their decline.

In one study published not long ago in the Journal of the American Medical Directors Association, researchers reported a 65 percent increase in the number of nursing home residents receiving “ultra-high” rehab services – most within the last seven days of their lives. The study solely looked at New York nursing homes, but our Naples nursing home injury lawyers know this is a Florida issue as well.

The Naples Daily News reported that the state’s largest nursing home provider faces a $255 million judgment for systematic fraud of the government by providing unnecessary treatments to patients; as we will further detail, there is little doubt that this constitutes nursing home abuse.

Florida Personal Injury Law Blog