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Florida is known for its temperate, warm climate, which lends itself to nearly year-round motorcycle riding. As a result of this, many Floridians have a motorcycle that they use, if not for their main means of transportation, as a secondary vehicle. At the same time, Florida is also known for its bad drivers. And as anyone who has ridden a motorcycle knows, bad drivers and motorcycling don’t mix.

In all, nearly 500 motorcyclists are killed each year in Florida motorcycle accidents. According to one recent government study, this represents the most fatal motorcycle accidents in any state. In fact, aside from Texas (which is just slightly behind Florida), Florida has nearly three times the number of fatal motorcycle accidents as any other state.

The duty to prevent Florida traffic accidents rests with all motorists, but when it comes to multi-vehicle motorcycle accidents, there is a common theme. More often than not, these accidents are caused by another motorist failing to take notice of a motorcycle. This may result in a motorist changing lanes into a motorcyclist, or a motorist attempting to make a left turn in front of an approaching motorcycle. In either case, a distracted driver can be held liable for injuries caused by their negligence through a Florida personal injury lawsuit.

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Earlier this month, an appellate court issued a written opinion in a Florida personal injury case that was brought by a woman who suffered worsening symptoms of a pre-existing condition after she received a chemical peel procedure from the defendant spa. The case required the court to determine if the lower court was proper in excluding a defense expert witness and entering judgment in favor of the plaintiff. Ultimately, the court concluded that the lower court was within its discretion and affirmed the verdict below.

The Facts of the Case

The plaintiff arranged to have the defendant spa perform a chemical peel on her face. The plaintiff, who suffered from rosacea, filled out an intake form indicating that she had rosacea. However, the aesthetician failed to read the form before she conducted the peel.

The aesthetician later testified that, had she been aware the plaintiff suffered from rosacea, she would not have performed the peel. The aesthetician admitted that not reading the form was negligent, but she claimed that the plaintiff was also negligent. As it turns out, the plaintiff had not been to see a doctor for her rosacea for two years, and she had stopped taking all prescribed medication for her condition.

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If a Florida wrongful death case goes to trial, one party ends up with an unfavorable result. In that case, the losing party may appeal the decision. But if an appeal is made, the party has to have a clear understanding of the issues it can raise—because if it failed to raise the issue before, the issue may be waived, and the party may be stuck with the result.

In a recent case, a Florida appeals court considered whether an issue could be raised on appeal that the defendants raised before—but not during—the trial. In that case, a man brought a wrongful death claim against two cigarette companies after his wife’s death. The case went to trial, and the jury found in the man’s favor, awarding him $460,000 against each defendant. The defendants appealed the decision, arguing in part that there was improper expert testimony.

The expert testified about the defendant’s use of ammonia in an attempt to increase the addictiveness of cigarettes. The trial court had allowed the expert, a historian, to testify about the history of the defendants’ efforts to increase the addictiveness of cigarettes. The court did not allow the expert to give an opinion on the chemistry of tobacco. However, on appeal, the defendants argued that the expert’s testimony went beyond a historical opinion by testifying that adding ammonia to cigarettes increases their addictiveness.

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In most Florida personal injury cases that are tried to a jury, once both parties have concluded their presentation of the evidence, and the jury returns a verdict, that verdict is final. However, Florida lawmakers recognize that jurors can make mistakes, and thus they have provided a mechanism for parties to petition the court in these situations.

Remittur and Additur

Under Florida Statutes section 768.74, after a jury determines that liability exists and returns a verdict, a party can ask the court to “review the amount of such award to determine if such amount is excessive or inadequate in light of the facts and circumstances which were presented to the [jury].”

If the judge determines that the amount awarded by the jury was inadequate, he or she can order an additur, which increases the amount of the jury’s verdict. Similarly, if the judge finds that the jury’s verdict was excessive, he or she can order a remittur, which reduces the jury’s verdict. If the party asking for review does not agree with the new figure, the judge will then order a new trial on the issue of damages only.

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Earlier this month, a court issued a written opinion in a Florida golf cart accident case requiring the court to determine if the plaintiff’s insurance provider was required to cover the accident under the underinsured motorist (UM) provision of the plaintiff’s policy. Ultimately, the court held that the exclusion for accidents involving “non-owned golf carts” was invalid.

The Facts of the Case

The plaintiff was walking on a pathway in Sun City Center when she was struck by a golf cart. As a result of the collision, the plaintiff suffered serious injuries. The operator of the golf cart did not have sufficient insurance coverage to fully compensate the plaintiff for her injuries, so she filed a claim with her own insurance company, under the underinsured motorist provision.

The plaintiff’s insurance policy contained separate language for accidents involving liability insurance and accidents involving UM insurance. Specifically, the plaintiff’s liability policy covered accidents involving “non-owned golf carts,” but accidents involving “non-owned golf carts” were specifically excluded from the UM protection policy. Thus, the insurance company denied the plaintiff coverage.

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When someone is injured due to the reckless, intentional, or negligent conduct of another party, they may be entitled to monetary compensation from the at-fault party through a Florida personal injury case. Depending on the circumstances surrounding the accident, the severity of the accident victim’s injuries, and the defendant’s level of culpability, an accident victim may be entitled to one or more of several types of damages.

Types of Damages in Personal Injury Cases

The most common and straightforward type of damages in a Florida personal injury case is compensatory damages. Compensatory damages are designed to restore the plaintiff back to the situation in which they were prior to being injured. Of course, courts cannot go back in time and make a plaintiff “un-injured,” so instead courts estimate the costs that have been incurred by the plaintiff in the past and estimate the plaintiff’s expenses moving forward. Thus, compensatory damages include award amounts for medical expenses, lost wages, and the pain and suffering endured by the accident victim as a result of the defendant’s conduct.

In some cases, punitive damages may be awarded in a Florida personal injury case. While the purpose of compensatory damages is to make the plaintiff whole again, the purpose of punitive damages is to punish the defendant for especially egregious behavior and to deter others from engaging in similar conduct. Due to their nature, punitive damages can be quite substantial; however, they are only available in limited circumstances.

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The highways of South Florida see a large number of commercial trucks every day. As a result, it isn’t surprising to learn that there are a significant number of truck accidents across the state. Indeed, according to a recent government study, there were nearly 300 fatal Florida truck accidents in 2016 alone. Miami-Dade and Broward Counties see the highest number of fatal Florida traffic accidents each year.

Due to the dangers presented by large trucks, Florida truck drivers are required to obtain a special license prior to operating a large truck. In order to obtain a commercial driver’s license, an aspiring truck driver must pass several written tests, as well as a pre-trip inspection test and a road test. In addition, truck drivers who plan on carrying hazardous materials, school children, or extra-long trailers must obtain additional endorsements.

When it comes to determining whether a truck driver can be held liable for an accident, courts apply the law of negligence. Essentially, to establish that a truck driver is liable for injuries related to an accident, the accident victim must prove that some negligent action taken by the truck driver resulted in the accident victim’s injuries. This is normally broken down into four segments:  duty, breach, causation, and damages.

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Being involved in even a minor Florida car accident is a stressful experience, but when an accident victim suffers serious injury in an accident the stress can become overwhelming. initially the physical and emotional recovery consume an accident victim’s time and thoughts, but as the body and mind start to heal, financial worries creep into the picture. What sort of medical treatment is going to be needed in the future? How will it be paid for?

Thankfully, Florida accident victims are able to pursue a claim for compensation against the at-fault party through that party’s insurance carrier. Although Florida law requires a base level of coverage, if the at-fault motorist does not have insurance coverage, then an accident victim will likely be able to file a claim with their own insurance policy under the uninsured motorist clause. Similarly, if an accident victim’s injuries amount to a need for compensation in excess of what is available through the at-fault driver’s policy, a claim under the victim’s underinsured motorist protection clause can help fill the gap.

Dealing with insurance companies, however, is rarely an easy experience. Insurance companies operate on a for-profit model, and are often reluctant to approve a claim for what the accident victim deserves. Indeed, in many cases insurance companies look for ways to deny a claim, or approach a motorist with a low-ball offer in hopes of settling the claim quickly and for as little as possible. A recent case illustrates an insurance companies attempt at avoiding financial liability following a Florida car accident.

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Despite decades-long efforts by the state and federal governments, drunk driving remains a major problem on Florida roads. Indeed, in the 10-year period between 2003 and 2012, there were almost 8,500 Florida drunk driving deaths. This amounts to about 850 drunk driving accidents a year or 70 per month.

When a driver gets behind the wheel after having too much to drink, they are putting not only their own life in jeopardy but also the lives of countless others. It has been shown that drunk drivers are more likely to speed, act aggressively, fall asleep, get distracted, or make poor judgment calls, all of which can further increase the chance of causing an accident.

Florida law allows for victims of drunk driving accidents to seek compensation for their injuries through a Florida personal injury lawsuit. In some cases, the fact that a driver was intoxicated will make an accident victim’s recovery process easier because the driver is presumed to be negligent, due to the fact that drunk driving is specifically prohibited by law.

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When someone slips and falls on the property of another party, they may be entitled to recover compensation for the injuries they sustained as a result of the fall through a South Florida premises liability lawsuit. In order to prove a slip-and-fall case in Florida, certain elements must be met, or the court can dismiss the case upon the defendant landowner’s motion.

Premises liability cases are based on the theory of negligence, which allows an accident victim to recover damages from the defendant if they can establish that the defendant owed the plaintiff a duty of care, which was violated by some act or omission of the defendant. Furthermore, the plaintiff must establish that it was the defendant’s alleged negligence that caused the plaintiff’s injuries.

In regard to the “breach” element, Florida lawmakers have enacted a statute to assist courts in determining if a defendant landowner breached a duty they owed to a visitor. Florida statute 768.0755 applies to cases in which a plaintiff is injured after slipping on a “transitory foreign substance,” and it requires the plaintiff to establish that the landowner have “actual or constructive knowledge of the dangerous condition and should have taken action to remedy it.”

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Contact Information
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8211 W Broward Blvd #460
Plantation, FL 33324
Phone: (954) 653-9969
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