Florida Appeals Court Says Insurers Can Be Sued for Bad Faith Sooner

Florida Appeals Court Says Insurers Can Be Sued for Bad Faith Sooner

by Bad Faith Insurance

Florida Appeals Court Says Insurers Can Be Sued for Bad Faith Sooner

Buy a car? Need minimum liability required. Buy a house? Got to have a homeowners’ policy. Living and breathing? Government says you better have health coverage or else.

So why does it seem then that those insurance companies that we hire and pay regular monthly premiums to continue to fight so hard against acting in good faith as we do, paying what is due when it’s time?

While it isn’t the same as insurers simply behaving as they should, at least Florida has a way for you to fight back. Specifically, Florida law says that any person can file a bad faith civil suit against an insurer when that company does not attempt in good faith to settle a claim when it could and should have done so if it was acting fairly and honestly toward its policy holder.

When you file a claim on a current policy with your insurance company, they are required to do all of the following:

  • Recognize your claim
  • Investigate in a prompt manner
  • Respond quickly to your communications
  • Avoid unnecessary forms which would slow down the progression of a claim
  • Offer actual reasons for denial of your claim and/or any delays experienced during the process

There are a myriad of examples which may violate its obligations to you as a policy holder, and if an insurer does not adhere to these requirements when dealing with a claim you have filed, you may have reason to file suit for bad faith.

The Second District Court of Appeal in Florida is trying to do its part for consumers as well, offering a recent ruling that effectively says people can now file claims against insurers engaging in bad behavior earlier than was previously allowed.

What exactly happened?

Appeals Court Underlines the 60-day Rule in Florida

Reversing a trial court’s decision, the Second District Court of Appeal drove home the obligation of insurance companies to respond quickly to their members communications by underlining the Florida law regarding the 60-day cure period for bad faith by an insurer.

In their explanation, they wrote: “Section 624.155(3)(d) ‘plainly’ states that ‘no action shall lie’ if damages are paid or corrective action taken within 60 days after a CRN filing” and pointed out that “nothing in Section 624.155 required that an insurer actually receive the CRN before the 60-day cure period begins.”

In other words, when people file an insurance claim, the insurance company has 60 days to deal with it according to the law. Insurers have been extending this period by arguing that the 60 days don’t start until they actually receive the claim.

In this particular case, the plaintiff originally filed the claim electronically. However, because the insurer also asked that a copy of the filing be mailed in after, they argued that their 60 days didn’t start until that printed paperwork arrived in the mail.

The court did not agree. In their opinion, the plaintiff’s claim was officially filed when she clicked “submit” on the electronic form, and the 60-day “clock” for the insurance company began to tick at that moment.

Which makes sense, because at that point the insurer should have the information they need. Waiting for a printed copy is just stalling.

A Win for Those Who Have Suffered Bad Faith Insurance in Florida

This is a nice win for people filing bad faith claims who have had to deal with a variety of delay tactics by insurers. Unfortunately, it won’t stop all of these tactics, and history shows it is the insurance companies that have the twin luxuries of time and resources that allow them to hold off on properly dealing with claims or fighting you through the court system if need be.

What kind of tactics do insurers use?

Allstate has a well-documented aggressive litigation strategy – deny, delay, and defend (actually known as the “three ds” internally). AIG has been outed for practices of undue denials and holding claim payments until policyholders complain. Farmers Insurance Group even bases employees’ performance reviews and pay raises on their ability to meet claim payment goals (i.e., the less paid out, the better).

Florida Bad Faith Insurance Lawyers

However, we hope bad faith claim wins like the one described above continue to help turn the tide. While statutes are drawn up and approved by lawmakers, it is common law – the continued judicial precedent developed through the court system which are based on those statutes – that moves mountains.

 

About the Author:

Jeffrey Braxton is a trial lawyer in Fort Lauderdale who has devoted his career to the practice of personal injury law. As lead trial attorney for the South Florida Injury Law Firm, Jeff has litigated thousands of cases and is a member of the Million Dollar Advocates Forum, an exclusive group of attorneys who have resolved cases in excess of one million dollars.

 

Floridians: Learn How Drinking Impacts Your Slip and Fall Claim

Floridians: Learn How Drinking Impacts Your Slip and Fall Claim

by Slip and Fall

Floridians: Learn How Drinking Impacts Your Slip and Fall Claim

If you recently suffered injuries from night out on the town, you know that slip and fall injuries are no joke. People have received millions of dollars in compensation after slipping and falling at a store or a bar. Maybe you want to pursue one of these lawsuits yourself. After all, the medical bills are starting to pile up.

Before you start to build your case, we have one question to ask: were you drinking when you fell? (There tend to be a lot of slip and fall cases right around St. Patrick’s Day and other big drinking holidays.)

If the answer is yes, you might have a harder time getting the compensation you need to pay for your injuries.

What Does Florida Law Say about Getting Injured While Drunk?

When you take a slip and fall case to Florida personal injury courts, a judge will look over the defendant’s role in the situation and how they could have possibly prevented the injury and kept you safe. However, the judge will also look at how you, and the state of mind you were in at the time of the accident, contributed to the fall.

Additionally, Florida has specific rules about how alcohol plays into slip and fall cases:

“In any civil action, a plaintiff may not recover any damages for loss or injury to his or her person or property if the trier of fact finds that, at the time the plaintiff was injured:

  1. The plaintiff was under the influence of any alcoholic beverage or drug to the extent that the plaintiff’s normal faculties were impaired or the plaintiff had a blood or breath alcohol level of 0.08 percent or higher; and
  2. As a result of the influence of such alcoholic beverage or drug the plaintiff was more than 50 percent at fault for his or her own harm.”

In other words, if the defendant can present evidence that your BAC was .08 or higher at the time of your accident or show that you were at least 50 percent at fault, your case may be thrown out.

What Does Florida Law Say about Getting Injured While Drunk?

Receipts from the bar or eyewitnesses may validate the assumption that you were over the legal driving limit. Luckily, most store owners don’t have a Breathalyzer on hand for slips and falls, so there are still opportunities to fight this claim.

Comparative Negligence and Alcohol in Florida Injury Cases

Even if you didn’t hit a .08 BAC, alcohol can be a contributing factor in your slip and fall. Alcohol has a serious impact on motor skills and judgment. If the defendant can show that the effects of alcohol contributed to your slip and fall, you could lose your case – and you will almost certainly lose a portion of damages recovered.

What does that mean?

Judges presiding over Florida slip and fall cases make their decisions based on comparative negligence rules. This means that if even a percentage of blame could be placed on the plaintiff, they won’t get the full amount of damages for their injuries.

If a lack of judgment from alcohol is considered 25% of the cause of the slip and fall, the judge may only give the plaintiff 75% of the compensation they asked for when they initially filed the claim – even if they win.

In other words, if you win your case and get an award of $100,000, that will be reduced by 25% to $75,000.

Comparative negligence is an important concept to understand when you are filing a slip and fall claim in general – intoxication isn’t the only factor that can contribute to slips, falls, and the resulting damages. The following factors may also chip away at the damages you recover from your claim:

  • Poor footwear (slippery shoes, open toes, etc.)
  • Breaking the rules of the property (dancing on the table, running in places where it is not allowed, etc.)
  • Getting distracted by things within your control (your phone, music in headphones, etc.)
  • Ignoring signs or warnings from staff members about slippery or hazardous conditions
  • Failing to treat injuries right away, which causes more severe damages or injuries

What’s Next for Floridians Who Fell and Got Hurt While Drinking?

This blog post isn’t meant to scare you out of filing a lawsuit and getting the compensation you deserve. We offer you this information to inform you and give you an idea about what evidence you might need to win your claim.

No one wants to lose their slip and fall case. You may need to shift your strategy from focusing on the property’s negligence to focusing on how you can fight claims that you were intoxicated at the time of your accident.

Feel like you’re fighting an uphill battle? Reach out to a personal injury lawyer. They can help you navigate your case, fight claims of intoxication, and build the best strategy for your situation.

Florida Slip and Fall Injury Claims Lawyer

If you can prove that the property owner was still negligent in their duties to keep you safe, a drink or two in your system may not get in the way of a settlement. Get the compensation you deserve and start building your case today!

 

 

About the Author: 

Jeffrey Braxton is a trial lawyer in Fort Lauderdale who has devoted his career to the practice of personal injury law. As lead trial attorney for the South Florida Injury Law Firm, Jeff has litigated thousands of cases and is a member of the Million Dollar Advocates Forum, an exclusive group of attorneys who have resolved cases in excess of one million dollars.

Florida Personal Injury Claims: What Kinds of Damages Can You Sue for?

Florida Personal Injury Claims: What Kinds of Damages Can You Sue for?

by Personal InjuryPersonal Injury ClaimsPersonal Injury Law Suit

Florida Personal Injury Claims: What Kinds of Damages Can You Sue for?

If you have recently suffered a personal injury and are currently considering filing a claim, you are likely asking yourself whether the effort will be worth your time. Frankly, the answer to that question depends on what the incident has cost you.

In a personal injury case, when a judge or jury finds there is a person or company legally responsible for the incident, and subsequently, your injury, monetary damages can be awarded to you.

There are four general ways personal injury damages within a claim will be classified, and in this post, we will share information about each category and provide examples for each of them.

This is by no means an exhaustive list of examples within each category of damages, and an experienced Florida personal injury lawyer will be able to help you understand the best way for you to financially recover from your personal claim.

Economic or Special Damages

These are the actual costs of medical treatment, estimated future medical expenses, lost earnings, future lost earnings, property damage, or other out-of-pocket expenses.

The medical portion of damages should include every expense that the plaintiff has had to pay out over the course of receiving treatment, and should also factor in what future medical costs will be. These amounts alone can add up quickly, especially in cases in which a plaintiff has become permanently disabled and is in need of adaptive devices or lifelong nursing care.

Lost wages calculations will usually factor both work the plaintiff had to miss due to treatment (whether it was paid or unpaid time off) and work that will likely be missed in the future. Further, when a plaintiff has become permanently unable to work – or their capacity to work has been permanently reduced – lost wages over their lifetime may be calculated into the award.

Non-economic or General Damages

These are awarded upon the evaluation of elements like pain and suffering, inconvenience, emotional distress, loss of consortium (companionship of husband, wife, or partner), or loss of enjoyment of life.

Pain and Suffering is one form of general damages which juries tend to award generously. Often responsible parties (and their insurers) are inclined to offer a settlement to avoid this. During the settlement process, insurance companies typically employ a “pain multiplier” strategy in order to arrive at a fair and reasonable number which involves the total of actual financial losses multiplied by a number the insurer deems appropriate, usually between 1.5 and 5.

Emotional distress is often related to pain and suffering damages, but is usually a bit more difficult to prove. Psychiatric records and medical diagnoses of post traumatic stress disorder are a couple of ways you can provide evidence.

Loss of companionship or consortium is another one that can be tied closely to pain and suffering. These damages are sought when an injury has significantly altered the relationship between the victim and family member(s) or when a wrongful death has occurred, which means the complete loss of the relationship.

The previous two categories of damages are considered “compensatory” – or compensation for damages incurred through the case injury. But there are also two additional types of damages that are usually utilized by the courts to maximize the effects the proceedings may have on the defendant, specifically as it pertains to the deterrence of future similar actions.

Punitive Damages

These are specifically designed to punish the defendant for grossly negligent or particularly egregious actions, and are awarded at the discretion of the court. Often the judge wishes to make an example of the defendant, and feels compensatory damages aren’t enough to deter the offender or others from the same actions in the future. Another situation in which punitive damages may be awarded is if a judge does not believe that the other damages amount to a reasonable punishment.

Treble Damages

Treble damages are similar to the way an insurer might come to a settlement number, but these damages are determined by the court, as well. Under special circumstances, when the court rules in your favor, you may be awarded up to three times the amount of certain damages.

One scenario is that the offender must have knowingly and deliberately committed the acts. Another would be a case where the defendant violated the public good – excessive or repeated drunk driving charges which finally result in a fatality, for instance.

Fort Lauderdale Personal Injury Law Suit

Additionally, when a defendant explicitly requests this type of award up front in the initial lawsuit, and can clearly establish intentional malice, judges and juries will deliberate on the request very seriously. In most cases, treble damages are awarded when punitive damages are not involved in the suit.

 

About the Author:

Jeffrey Braxton is a trial lawyer in Fort Lauderdale who has devoted his career to the practice of personal injury law. As lead trial attorney for the South Florida Injury Law Firm, Jeff has litigated thousands of cases and is a member of the Million Dollar Advocates Forum, an exclusive group of attorneys who have resolved cases in excess of one million dollars.

Worried about Florida Road Rage? How to Stay Safe Around Angry Drivers

Worried about Florida Road Rage? How to Stay Safe Around Angry Drivers

by Auto Accidents

Worried about Florida Road Rage? How to Stay Safe Around Angry Drivers

No turn signals, sudden stops, swerving – driving on the road in Florida can feel like an accident waiting to happen. Even if you’ve lived in the state your whole life, it can be incredibly frustrating to drive here. Worse, the blame is shared between retirees, tourists, and just downright bad drivers.

Unfortunately, it appears that some Florida drivers can’t let these frustrations go, which has led to the Sunshine State being a leader in road rage cases throughout the country.

Between 2014 and 2018, Floridians reported over 277 cases of road rage. We don’t just mean 277 horns honking or obscenities out the window, either. These cases involved guns, and 20 people have died at the hands of a gunman due to road-related events.

Hopefully, it goes without saying that pointing a gun at another driver doesn’t solve road rage problems. It only puts you at risk of an arrest (or of getting a gun pulled on you!).

Even if you are a Florida driver who doesn’t experience road rage yourself, you may still find yourself at the center of an accident with an angry driver. Use these tips to stay safe while driving on the I-4 and beyond.

Don’t Engage

Road rage incidents typically don’t start with a gun in your face. Most drivers will honk or yell first.

Here’s the good news. Often, you can stop road rage here. Just don’t engage with the driver, even if they start to insult you or start tailgating your car. Get out of their way (safely) and avoid eye contact. Change lanes or slow down in another lane if possible.

Most likely, the driver will continue to move forward and eventually cool down. The more you respond, the more riled up they will get.

Whatever you do, don’t pull over. This gives the driver a reason to get out of the car and confront you.

Know Where Your Local Police Station Is

If, for any reason, you do have to stop while someone is harassing you, make sure help is nearby. Pull into a police station, a fire station, or any public place where people in authority can easily help you. This should hopefully intimidate the driver with road rage and encourage them to keep moving.

Boca Raton Personal Injury Lawyer

Even then, once you pull over, don’t get out of the car until the driver leaves. If they get out of their car, do not get out to confront them. You never know if they are carrying a gun.

Concealed carry is legal in Florida, so even if they do not appear to be carrying when you first see them leave the car, stay in your vehicle. Treat each driver with road rage as if they are carrying a gun.

“Siri, Call the Police.”

If a driver starts to make you feel uncomfortable, but you don’t want to pull over, call the police or 911. Calmly explain the situation and share your location. Keep the authorities on speakerphone until you feel safe.

Making a phone call while driving is not illegal in Florida, but things may change soon. (Texting is prohibited, but only as a secondary offense.) Regardless, it’s better to face the repercussions of an illegal call than risk your life with an angry driver.

If you are driving in a different state and run into road rage trouble, know the laws before phoning the police.

Stay Calm

Road rage incidents can be terrifying. They can also make you angry. The driver has no right to tailgate you, cut you off, start throwing things, or yell at you.

Don’t let this affect you. Don’t give in to their jeers and insults. The moment you start yelling back is the moment you could be blamed for the road rage incident.

Also, remember: road rage incidents can escalate quickly. If you start to brandish a weapon or start breaking the law, you could find yourself in jail or slapped with heavy fines. Take a deep breath and remember not to take the driver’s insults or behavior personally.

How to Defend Yourself after a Road Rage Incident

Could you be found at fault for a road rage incident that you didn’t start? The answer lies in the state of Florida’s comparative negligence laws. If a plaintiff files a lawsuit after a car accident, the judge will have to look at how each party contributed to the accident, as well as the damages caused by the accident. The judge will award damages based on each party’s contribution.

For example, say a road rage incident turned into an auto accident. A driver stopped short and was hit by an angry driver that was tailgating them.

Injuries from the accident lead to a lawsuit. The driver in the front asks for $100,000 to cover the damages of the accident. However, as the judge evaluates the case, they discover that the front driver stopped short to aggravate the tailgating driver.

Fort Lauderdale Car Accident Attorney

 

This has a significant impact in the case. The judge determines that the front driver is 40% at fault for the accident. The front driver only receives 60% of the damages, or $60,000, from the defendant.

This is why it’s so important to stay calm during a road rage incident. Your attitude can keep you safe and prevent you from losing money if the incident results in a lawsuit.

 

 

About the Author:

Jeffrey Braxton is a trial lawyer in Fort Lauderdale who has devoted his career to the practice of personal injury law. As lead trial attorney for the South Florida Injury Law Firm, Jeff has litigated thousands of cases and is a member of the Million Dollar Advocates Forum, an exclusive group of attorneys who have resolved cases in excess of one million dollars.

Filing a Homeowners Insurance Claim in FL? Know Your Rights

Filing a Homeowners Insurance Claim in FL? Know Your Rights

by Bad Faith InsuranceHomeowners InsuranceInsurance Claims

Filing a Homeowners Insurance Claim in FL? Know Your Rights

As a homeowner, you pay your premium for homeowner’s insurance trusting that your insurer will do right by you in the event that the worst happens. That they will pay out for covered damages. This is known as acting in good faith.

Although most insurers operate ethically and meet their obligations to policyholders, it’s also important to remember that insurance companies are still businesses. They always have their own bottom line in mind. This means that it’s in the company’s best financial interest to pay out as little as is legally obligated for every claim that is filed. Sometimes they even go so far as to act in bad faith by avoiding their obligation to you.

As a homeowner, you can maximize your chance of receiving a full payout by making a few preparations ahead of incurring any damages, and knowing your rights when it comes time to file a claim.

To help you do this, we’ve put together a guide for Florida homeowners that details how to get the most out of your coverage, and also what rights you have as a policyholder during the claims process.

Before the Storm

Taking preventative measures before damages occur to your home will greatly increase your chances at getting the maximum possible payout on future claims, and also ensure that you will be eligible to receive compensation for covered damages to your home.

What does this entail?

Taking Inventory

Taking a room-by-room inventory of your home will enable you to provide complete and accurate information to the insurance company for easy processing of your claim. Having detailed documentation ready ahead of time will make the process much more hassle-free, and ensure that you receive full compensation for damages to your home and possessions.

Take a room-by-room inventory of valuables, electronics, furnishings, appliances, and clothing, including the estimated value of each item. Also don’t forget other areas such as closets, the basement, the attic, sheds, and major appliances such as your HVAC system.

Once the inventory is complete, estimate the full replacement cost of your property using current prices, and compare that amount to the coverage limit on your homeowner’s policy. If you feel that your property value exceeds your coverage limit, consider increasing your coverage.

Filing a Homeowners Insurance Claim in FL? Know Your Rights 1 Bad Faith Insurance South Florida Injury Law Firm

Maintenance

Insurance companies will not cover damages that occur due to improper maintenance. For example, if you fail to maintain your roof and sustain water damage from a major storm, this damage may not be covered.

Make sure that your home is properly maintained by addressing maintenance concerns and hiring qualified professionals to perform routine maintenance checks.

Safety Preparations

If a major storm is headed your way, make sure that all policy information and your property inventory are in place and readily available should filing a claim become necessary.

Also make preparations to keep your family safe. For example, filling up your gas tank ahead of time should evacuation become necessary, planning evacuation routes, making advance plans for your pets, and securing your home against damages as best you can.

Should the need to evacuate arise, make sure you take important documents with you. This includes documentation regarding your home, personal documents, tax returns, insurance documents, and any important medical information for your family members.

The Homeowners Insurance Claims Process in Florida

If your home sustains a covered damage or loss, you should first determine if the loss exceeds your policy deductible. If it does, report the loss to your insurance company as soon as possible by filing a claim. If the covered loss is due to a hurricane but is less than your deductible, you should still file a claim, and make sure you save all invoices for repairs.

It’s important to file a claim in this case because your hurricane deducible is calculated by calendar year. This means if you’re hit by another hurricane later in the season, your prior damages will be applied to your deducible.

If your home has been damaged, you should make emergency repairs to prevent further damage. For example, if your roof is damaged, you should place a tarp over the damaged portion to prevent further water damage to your home. Keep all receipts, and avoid making structural repairs or throwing away any damaged personal property.

Keep a log of the dates, times, and names of everyone you speak to regarding your claim. Communicate in writing if at all possible, and keep a copy of anything you sign.

When you file a claim with your insurer, an adjuster will normally be assigned to inspect your home and estimate the extent of the damages. Make sure that your adjuster is licensed by the state of Florida, and don’t hesitate to hire a public adjuster to negotiate the value of your claim with your insurer.

Options for a Florida Homeowners Insurance Claim Dispute

In some cases, you may still need to dispute your claim despite making your best effort to keep the claims process running smoothly. In this case, you can file a dispute with the insurance company, which can often be resolved by mediation or appraisal by an independent adjuster.

If you believe your insurance company is acting in bad faith by failing to meet its obligations to you as a policyholder, read up on what constitutes bad faith insurance, then consult with a Florida insurance lawyer to discuss filing a bad faith insurance claim.

 

About the Author:

Jeffrey Braxton is a trial lawyer in Fort Lauderdale who has devoted his career to the practice of personal injury law. As lead trial attorney for the South Florida Injury Law Firm, Jeff has litigated thousands of cases and is a member of the Million Dollar Advocates Forum, an exclusive group of attorneys who have resolved cases in excess of one million dollars.

 

When Their Loved One Was Cremated Ahead of Schedule, They Called Us

When Their Loved One Was Cremated Ahead of Schedule, They Called Us

by Funeral Home Negligence

When Their Loved One Was Cremated Ahead of Schedule, They Called Us

When Harry Davila and his children first came to us in September of 2018, they were heartbroken and deep in grief. Harry had lost his dear wife Mary, and his children had lost their beloved mother.

However, their sorrow not only came from the fact that they lost her to breast cancer earlier that month, but also because they never got a chance to say a proper goodbye to their mom.

Why? Because the mortician wrongfully cremated her before the scheduled viewing for friends and family.

The cremation was supposed to come a day after the viewing, which had been scheduled for September 20th, 2018. However, a day before the viewing, the family received a call from the funeral home informing them that Mary’s body had been wrongly cremated.

It was hard for the family to understand how this could have happened. They had expressed their wishes clearly to the funeral home, but apparently someone wasn’t paying attention.

There probably isn’t a thing on Earth that’s more painful than losing a loved one. When a funeral home acts negligently while you are in the midst of that trauma, it’s just another twist of the knife.

The Davila family trusted Coral Springs Funeral Home with one of the most sacred duties we can give to another, and they utterly failed in their responsibility.

When Florida Funeral Homes Act with Negligence, Families Lose Faith

Unsurprisingly, this mistake caused the family to lose all faith and trust in the funeral home. One of Mary’s daughters even told us that she wasn’t fully convinced that the ashes they received from the home actually belonged to her mother.

Can you imagine living with that fear? With that unanswered question?

When Florida Funeral Homes Act with Negligence, Families Lose Faith

It’s not something that anyone should ever have to go through, and in fact funeral homes have a duty to ensure that things like this never happen. Consequently, the family has filed a lawsuit against Coral Spring Funeral Home, suing them for damages in excess of $15,000.

This case is just beginning, but here at The South Florida Injury Law Firm, we will do everything in our power to see to it that this family is compensated fully, and that justice is served.

Sadly, this case is just one of many. There are numerous ways that mortuaries, funeral homes, and cemeteries can be negligent.

Types of Negligent Behavior Florida Funeral Homes Can Engage In

A funeral home may be held liable for negligence if it fails to provide the service that it was contracted to provide. Examples include:

  • Losing, mishandling, or assaulting the deceased’s body
  • Cremating, burying, or presenting the wrong body at the funeral
  • Stealing personal property or selling body parts from the deceased
  • Switching the casket you select with a cheaper or defective casket
  • Failing to embalm or maintain the body in an acceptable manner
  • Committing an offense concerning the body of the deceased as outlined in Chapter 872 of Florida Statutes

Negligent Funeral Homes in Florida Should Be Held Accountable

Negligent Funeral Homes in Florida Should Be Held Accountable

It’s horrifying to think about all the ways a funeral home can be negligent. It’s even worse to have a personal experience in which the body of your loved one is mishandled or abused by a funeral home.

 

If you should ever find yourself in this position, know that you have the right to sue if a funeral home neglects, abuses, or is reckless with your loved one’s body. A skilled Florida personal injury attorney will work hard to make sure the negligent funeral home is held accountable, so that they will not be able to engage in this type of behavior again, and so that you get the compensation you need and deserve for any emotional distress caused by their actions.

 

 

About the Author:

Jeffrey Braxton is a trial lawyer in Fort Lauderdale who has devoted his career to the practice of personal injury law. As lead trial attorney for the South Florida Injury Law Firm, Jeff has litigated thousands of cases and is a member of the Million Dollar Advocates Forum, an exclusive group of attorneys who have resolved cases in excess of one million dollars.

My Brakes Went Out and I Crashed – Who's Responsible in FL?

My Brakes Went Out and I Crashed – Who’s Responsible in FL?

by Auto AccidentsPersonal InjuryPersonal Injury Claims

My Brakes Went Out and I Crashed – Who's Responsible in FL?

This may be obvious, but if you are at fault in a car crash, you can’t receive compensation from anyone.

However, you may be too quick to blame yourself if your brakes failed and caused the crash. There are a number of parties who could potentially be at fault for your car accident, so don’t chalk it up to user failure until you speak with an attorney.

Keep reading to know what to do after this type of crash and who you may be able to hold responsible.

Potentially Liable Parties in a Florida Car Crash Where Brakes Fail

You. Okay, we know we said you shouldn’t jump to this conclusion – and you shouldn’t. However, you do have to consider the possibility.

If you neglected maintenance on your car or did work on the vehicle yourself, there’s a good chance that you are the one who is going to be found responsible.

Don’t panic yet, though. There are other possibilities.

Car manufacturer. This is probably the potentially responsible party that will occur to you first. After all, it’s possible that the actual brake part was defective.  If this is true, you may be able to file a product liability case. A skilled injury attorney will be able to look at the facts and tell you whether they believe you have a strong case to hold the car manufacturer liable for your injuries.

Part seller or manufacturer. Even if you did the work yourself, it’s possible that you could have been working with a defective part you bought from the parts store. In this case, the responsible party could be the seller or the company that manufactured the part and sold it to them.

Auto mechanic. Another possibility exists with your car mechanic. Let’s say you recently got work done on your car. If the car mechanic either did not install a part correctly, or failed to do a complete inspection, the mechanic could be named in a lawsuit.

Of course, knowing who can potentially be held liable is just the first step. In order to actually win a case against them in court and get the compensation you deserve, there are a number of things that you will need to do.

What to Do After a Florida Car Crash

Regardless of who or what caused your crash, it’s vital that you seek medical care as soon as possible following your crash. Some serious injuries do not show up right away, and this is the best way to verify you’re okay – or at least catch things before they get worse.

Additionally, your medical record will be a crucial piece of evidence if you need to file a personal injury claim.

Be sure to consult with a Florida injury attorney soon after your car crash. In Florida, you have four years to file a case from the accident date. If you miss that deadline, you cannot gain compensation.

What If Florida Courts Find That You Are Partially Responsible?

Due to the laws in Florida, your compensation amount will be adjusted according to the pure comparative negligence rule. If you are at least partially responsible for the accident, your compensation will be adjusted by your percentage of fault.

For example, if your mechanic failed to complete an inspection on the brakes, but you were a distracted driver at the time of the accident, you may be deemed 30 percent at fault for the accident. In other words, if you are awarded $100,000 in compensation, if you are found 30 percent responsible, you’ll only receive $70,000 of that award.

South Florida Car Accident Claims

 Still, if you’re in an accident where you get hurt and accrue medical bills, even partial compensation is going to be well worth it.

 

About the Author:

Jeffrey Braxton is a trial lawyer in Fort Lauderdale who has devoted his career to the practice of personal injury law. As lead trial attorney for the South Florida Injury Law Firm, Jeff has litigated thousands of cases and is a member of the Million Dollar Advocates Forum, an exclusive group of attorneys who have resolved cases in excess of one million dollars.

 

Family Trip for Spring Break? How Florida Parents Can Keep Kids Safe

Family Trip for Spring Break? How Florida Parents Can Keep Kids Safe

by Children Injuries & Accidents

Family Trip for Spring Break? How Florida Parents Can Keep Kids Safe

Are you traveling with your children over spring break? Use these tips to keep your kids safe while you enjoy your family vacation.

Prepping for Your Trip

Since a trip to the emergency room is needed in a shocking 25 percent of all family vacations, it’s wise to prepare ahead of time for family safety.

Medical Kit

Make sure to take a medical kit along. If any of you are on prescription medications, it’s important to pack your medicine and dosage information just in case you need to head to the hospital. Any other important information, such as reports of recent illnesses or surgeries and your child’s immunization records, should be packed to help travel doctors in case of injury.

It’s wise to pack pain relievers, allergy medicine, and treatments for colds so you don’t have to make an emergency run. Consider also packing cough drops, bandages, antibacterial ointments, and a thermometer. Motion sickness remedies are a must, along with antibacterial gel, and wipes to keep viruses from spreading.

If you are flying, be sure that everything in your kit will pass inspection. It will help to buy items in pill or chewable form instead of liquid forms when possible.

Research

Check if your child’s pediatrician will be available for phone calls or video chats in case an unexpected situation arises. Your insurance provider may also offer a round-the-clock consultation service, which can come in handy if problems arise overnight.

Also make sure you locate the closest emergency services to your destination. Then you’ll be prepared for the worst and avoid scrambling for answers in a stressful moment.

Travel Insurance

If you or your child ends up needing hospitalization during your trip, travel insurance will cover the days you miss of your vacation. It will also help if you are traveling to an area where medical accommodations may not be up to your standards. Choose a policy with evacuation coverage that will allow you to relocate to an area with improved medical care.

Fort Lauderdale Personal Injury Lawyer

Health Apps

A health app such as iTriage can give you information on your child’s symptoms if a doctor isn’t immediately available. Check for other apps that can offer you solid information and download them before your trip begins.

Childproofing Items

If you have young children, pack your own outlet covers, doorknob covers, cabinet and toilet locks, and any other childproofing items you use in your own home.

At Your Destination

Safety doesn’t stop when you arrive at your destination. Here are some things you can do.

Fully inspect the area for any obvious dangers. Place breakable items or liquids up high where your child cannot reach them. Secure trip hazards like electrical cords, and make sure that doors and windows remained locked.

When using childcare providers. If you are leaving your child in another’s care, ask many questions about the care provider. Be sure to get the provider’s contact information. Inspect the area, making sure that it looks clean and that the toys are appropriate for your child’s age. Look over the playground and try to find signs that equipment is broken or unreasonably dangerous.

Check with the hotel. If you are staying in a hotel, ask the hotel manager or front desk crew to direct you to an urgent care facility or recommended doctor. The hotel may have basic medical supplies on hand, such as bandages, pain relievers and cough drops.

You may be able to order chicken broth and orange juice from room service, which can help your child recover from an upper respiratory infection faster. Also, let the front desk know you have a sick child so they can take extra precautions from getting sick when they clean your room.

Be Flexible

Minor injuries and illnesses don’t have to ruin everyone’s spring break. You can modify your plans to stay in your room and enjoy the rest by ordering takeout or room service and pay-per-view movies. Break into groups, sending the healthy ones out so your sick child can rest and recover. Take turns caring for your sick child so the adults can each have fun, too.

Be Alert

If you believe your child was injured due to someone else’s negligence, you may have rights to compensation for your child’s medical treatments.

Boca Raton Child Injury Lawyer

For example, if your child became ill after eating room service food that may have been undercooked, the hotel may be liable for your child’s medical care. Other examples include injury due to scalding hot water, protruding sharp objects, or slippery floors.

No one can stop every possible accident or injury from occurring, but by being vigilant, you can decrease your child’s chances of being seriously hurt.

 

 

About the Author:

Jeffrey Braxton is a trial lawyer in Fort Lauderdale who has devoted his career to the practice of personal injury law. As lead trial attorney for the South Florida Injury Law Firm, Jeff has litigated thousands of cases and is a member of the Million Dollar Advocates Forum, an exclusive group of attorneys who have resolved cases in excess of one million dollars.

Florida Nursing Home Abuse: What Exactly Is It?

Florida Nursing Home Abuse: What Exactly Is It?

by Nursing Home AbuseNursing Home Neglect

Florida Nursing Home Abuse: What Exactly Is It?
When you put your loved ones in a nursing home, you leave them in the trust of staff members who are supposed to be trained in caring for older adults. Who have a duty to make sure that the patients living in their facility get the help and attention they need. This is especially important for those who have been diagnosed with Alzheimer’s, dementia, or other serious conditions and are especially vulnerable.

Unfortunately, sometimes staff members or management actually take advantage of this vulnerability and use your loved one’s confusion to their advantage. This may result in nursing home abuse, an offense which brings thousands of Floridians to court each year.

Understanding what nursing home abuse is and the different ways an elderly loved one can be victimized while in long term care in Florida can help you to spot the signs and prevent bad situations from escalating.

What Is Nursing Home Abuse in Florida?

“Nursing home abuse” is an overarching term that defines an action (or lack of action) that knowingly and intentionally causes harm or the risk of harm to an older, vulnerable adult. Any type of caregiver within a nursing home or other long term care facility can be charged with nursing home abuse, so long as they have a duty of care to the alleged victim.

How common is nursing home abuse? The exact numbers are not known, but research from the Administration for Community Living suggests that “at least 10% of older Americans – approximately 5 million persons – experienced emotional, physical, or sexual abuse, financial exploitation and neglect each year.”

Let’s look at these five different types of nursing home abuse. If you suspect that your loved one may be a victim, reach out to a skilled Florida personal injury lawyer immediately.

Physical Abuse

One of the most obvious types of nursing home abuse is physical abuse. Examples of physical abuse in a nursing home could include:

  • Hitting, slapping, punching
  • Unnecessary rough handling or aggressiveness
  • Threats of physical danger

If you notice signs of physical abuse (bruises, scars, etc.) do not hesitate to report them. Keep a close eye on your loved ones and do not be afraid to ask them if they have experienced any abuse. You can also use resources from the National Center of Elder Abuse to find numbers that you can call after suspected abuse has occurred.

What Is Nursing Home Abuse in Florida?

Sexual Abuse

Sexual abuse is a form of physical abuse that involves sexual contact with a senior without their consent or when they are unable to give their consent.

Not only is this something that happens throughout nursing homes, often reporting the abuse to the nursing home itself isn’t enough. CNN looked at data from 2013 to 2016 and found over 1,000 cases in which nursing homes mishandled or failed to prevent alleged sexual abuse.

Emotional Abuse

Emotional abuse does not involve physical harm, but can still be just as dangerous to vulnerable adults. Nursing home staff can emotionally abuse a resident through:

  • Intimidation
  • Repeatedly blaming the victim for wrongdoing that was not their fault
  • Humiliation or ridicule
  • Menacing or threatening the victim

These acts can lead the victim to feel depressed, intimidated, or severely fearful. Stress and fear can greatly impact a person’s physical well-being. If you see unusual fearful or timid behavior from your loved one, you might want to investigate further.

Financial Exploitation

Older people who are confused may not always know where they are, who they are talking to, or what documents they are signing. If a nursing home staff member hands them a document and tells them to sign, the victim may feel pressured – or just blindly trust the person with authority. Unfortunately, these documents may hand over money to the nursing home or even the employee themselves.

Neglect

Not all types of elder abuse comes from an employee’s actions. Their inaction can be just as dangerous to your loved one. Neglect is a serious form of nursing home abuse.

Nursing home staff have a specific duty of care to your loved ones. If they need help with transportation or walking, staff should be ready to help them. If your loved one needs help with feeding or going to the bathroom, staff should have someone available for those services as well.

When you put your loved one in a nursing home, you expect a certain standard of living them. When nursing home staff neglect to attend to these duties, your loved ones could suffer – especially if they need help with basic activities like eating or going to the bathroom.

Fort Lauderdale Nursing Home Abuse Lawyer

Signs of neglect include:

  • Sudden weight loss or gain, signs of malnutrition
  • Bedsores
  • Dehydration
  • Withdrawal from family and friends, sudden changes in behavior
  • Hazards present throughout the room or facility

All of these signs and symptoms of nursing home abuse should be addressed immediately. Once you can prove that the nursing home was abusing your loved one, it may be time to take them to court.

 

 

About the Author:

Jeffrey Braxton is a trial lawyer in Fort Lauderdale who has devoted his career to the practice of personal injury law. As lead trial attorney for the South Florida Injury Law Firm, Jeff has litigated thousands of cases and is a member of the Million Dollar Advocates Forum, an exclusive group of attorneys who have resolved cases in excess of one million dollars.

Chain-Reaction Crashes in Florida: How Fault Is Determined

Chain-Reaction Crashes in Florida: How Fault Is Determined

by Auto AccidentsMulti Car Accidents

Chain-Reaction Crashes in Florida: How Fault Is Determined

Car accidents can result in tens (if not hundreds) of thousands of dollars in medical bills, lost wages, and car repairs. How is it decided who will have to pay for these damages and bills?

In Florida, it usually starts with personal injury protection (PIP). If you experience damages that add up to less than $10,000, it doesn’t matter who caused the accident. Florida car insurance will cover that amount and you won’t have to bring your case to court.

Unfortunately, this is rarely the case in chain-reaction crashes. Damages can stay relatively low if only one or two cars are involved. However, when three or four cars are in a crash, there is little chance that that the bills will stay under $10,000.

So, how does Florida determine who is at fault for a chain-reaction crash? They look to see what negligent behavior caused the auto accident.

Negligent Driving Behavior in Florida

It only takes a second for a driver to commit a negligent behavior and put themselves (and others) in danger. What does “negligent behavior” mean in terms of driving, though?

Drivers have a duty to follow certain rules of the road and practice safe driving. If they neglect to stick by these rules, they could have to front the bill for a serious accident.

Negligent behaviors on the road include:

  • Speeding
  • Swerving in and out of lanes without using a turn signal or looking for other drivers
  • Driving on the wrong side of the road
  • Driving without lights on at night
  • Texting or talking on the phone while driving
  • Any form of distracted driving
  • Driving under the influence of drugs or alcohol
  • Not wearing a seatbelt
  • Driving a car that has not been inspected

This type of driving may also be called “reckless driving” or “careless driving.”

Negligent behavior only goes so far if it directly causes a car accident. Let’s see how this might play out in a case involving a chain-reaction crash.

Pretend you are Driver A. Driver B is behind you, and Driver C behind them.

Driver C rear-ends Driver B, causing them to rear-end you. The chain reaction crash racks up $150,000 worth of damage and medical bills combined for all three drivers.

In court, it turns out that Driver C was texting when they hit Driver B. Due to Driver C’s negligence, they will have to pay for all of the damages.

Of course, as any experienced Florida injury lawyer can tell you, it doesn’t always work out this way.

Comparative Negligence Could Prevent You from Getting Your Full Amount in Florida

Let’s stick to this example. If Driver C is the only negligent driver, then they will have to foot the bill and cover the damages.

However, what happens if Driver B rear-ended Driver A because they were also negligent? Does Driver C still have to cover their damages?

Not under Florida’s comparative negligence laws. If drivers file a lawsuit for damages, but partially contributed to those damages, they will only receive a portion of the compensation they asked for. For example, if a judge determines that Driver B and Driver C both equally contributed to the damages in the chain-reaction crash, they will most likely have to pay equal amounts of damages to the victims.

Collect All Information Before You Go to Court

South Florida Car Accident Attorneys

Florida’s comparative negligence laws often encourage drivers to point fingers at each other in a crash and try to spread the blame around.

If you are involved in a chain-reaction crash, prepare for this type of finger-pointing and collect as much information as you can to defend yourself. With the help of a personal injury lawyer, you can get the compensation you deserve for any type of Florida car crash.

 

About the Author:

Jeffrey Braxton is a trial lawyer in Fort Lauderdale who has devoted his career to the practice of personal injury law. As lead trial attorney for the South Florida Injury Law Firm, Jeff has litigated thousands of cases and is a member of the Million Dollar Advocates Forum, an exclusive group of attorneys who have resolved cases in excess of one million dollars.