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Well-Known Sports Fan Injuries – and How Floridians Can Fight Back
Last year, a young fan was seriously injured when struck by a foul ball at Yankee Stadium. What happened?
A 2-year-old girl was sitting on her grandfather’s lap while attending a game. She was struck in the eye by a 105-mile-per-hour fastball, which spun off the bat of Todd Frazier. The little girl spent more than a week in intensive care.
After the incident – and others – Major League Baseball faced pressure to put more restraints in place to protect fans from foul balls. In 2018, all 30 teams placed protective netting all the way into the outfield – but are those changes really enough to protect you?
In this post, we’ll recount a number of well-known sports fan injuries, then discuss what you can do to fight back if you are injured while watching the team you love.
Famous Fan Injuries Over the Years
Unfortunately, the 2-year-old fan mentioned above isn’t the only one who has made headlines with a sports venue injury. Here are other stories that made the news over the years:
2013
A woman was struck in the face with a hockey puck at a Blackhawks game.
Thirty fans were injured during a car crash at the Daytona International Speedway.
2011
A man was permanently injured when a foul ball struck him in the eye at Yankee Stadium.
A fan died after reaching for a foul ball at a Texas Rangers game.
2009
Seven fans were injured when a car flipped over at the Talladega Superspeedway.
2008
A broken bat broke a woman’s jaw at Dodger Stadium.
2002
A girl died after being struck in the head by a flying hockey puck at a Columbus Blue Jackets game.
1999
Three fans died and eight others were injured after a crash occurred at the Charlotte Motor Speedway.
1998
After a crash at the Michigan International Speedway, three fans died and six others were injured.
1970
A man died four days after being hit in the head by a foul ball at Dodger Stadium.
Sports Venue Injuries are Premises Liability Cases in Florida
If you are injured as a fan at a Florida sporting event, who can you hold responsible? A skilled attorney will know which parties you can expect to compensate you for your injuries.
The owner of the sports arena has a duty to provide a reasonably safe experience for you as a patron. This duty is referred to as premises liability if any harm comes to you due to the property owner’s negligence. If you are injured because a property owner failed to provide reasonable protection for you, you may be eligible to file a premises liability lawsuit.
There are three basic reasons for premises liability claims in sports venues. If you experience injury due to a falling object, a flying object, or a slip and fall under unreasonable conditions, you may be able to file a lawsuit against the negligent party.
The property owner has a duty to correct any known hazards, post warnings of dangerous conditions, and prevent known dangers within reasonable expectations.
Elements of a Florida Premises Liability Case
Duty is only one of four required elements in a successful premises liability case. Your lawyer will need to prove that the other party breached the duty, which caused your injuries and created damages. All four parts must be involved: duty, breach of duty, causation, and damages.
For example, if the owner of a baseball venue did not fix a hole in the netting within a reasonable period, you could file a claim if a foul ball flew through the hole and injured you, resulting in medical bills. The owner’s failure to fix the netting creates an obligation to you for civil damages.
Negligence on part of the other party is key to a successful case. The other party must have acted unlawfully or wrongly to cause your injury.
Get Legal Assistance for Your Florida Sports Fan Injury
Premises liability cases can be complicated and challenging to win. You can expect the sports venue to resist taking responsibility and paying compensation. An experienced Florida personal injury attorney will fight for the compensation you deserve.
You may be able to file a case for the following:
- Medical bills related to the accident
- Lost income
- Permanent disfigurement or impairment
- Projected future medical bills
- Pain and suffering
- Mental anguish
A skilled lawyer will be able to go over the unique facts of your case and tell you what your options are. Call today for a free consultation.
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.
Types of Negligent Behavior Florida Pharmacists Can Engage In
When you receive prescription medication, you should be able to trust that it is correct and medically beneficial to you. A pharmacist has the responsibility to make sure your prescription is correct. If negligence occurs, you could have serious or life-threatening injuries. If you believe you may have been harmed by a pharmacist’s negligence in Florida, you need to know what kinds of negligence are most common.
In this post, we’ll tell you what pharmacists are responsible for, the most common types of negligent behavior that occur in Florida pharmacies, and what recourse you have if you experience injury.
Pharmacist Responsibility in Florida
Here are the ways pharmacists are responsible to you:
- Reviewing your medical history before giving you a prescription
- Informing you about the medication’s possible side effects
- Obtaining knowledge of other medication you take to prevent dangerous drug interactions
- Contacting your doctor with any concerns about the prescription
- Having a conversation with you about the medication
If a pharmacist acts with negligence, he or she fails to act according to acceptable standards. Any of the responsibilities listed above can be marred by negligence. If you have experienced injury due to pharmacist negligence, a knowledgeable Florida attorney can help you receive financial compensation for your losses.
Types of Negligent Pharmacist Behavior Floridians Should Watch For
Here are the most typical ways Florida pharmacists act with negligence.
Dispensing Incorrect Medication
If the pharmacist gives you the wrong medication, you may experience serious injury. A pharmacist may place the wrong medication inside your bottle, use the wrong label, or dispense the right drug with the wrong potency.
Pharmacists are also responsible for knowing discrepancies in pills. If the pharmaceutical manufacturer altered the pill form, the pharmacist should know and be able to avoid a mistake.
Fortunately, these types of pharmacist negligence cases are often successfully won by plaintiffs in court.
Lack of Knowledge
If your pharmacist fails to learn your medical history and allergies before medication is dispensed, you may be able to file a pharmacist negligence lawsuit for your injuries.
Whether you were visiting that pharmacy for the first time have gone there on many different occasions, the pharmacist has a duty to look at your medical history. If it hasn’t been provided by your doctor, the pharmacist must request it before giving you the medication.
Failure to obtain medical history information could lead to grounds for a personal injury lawsuit.
Failure to Consider Other Medications
If you have multiple prescriptions, a pharmacist must know so he or she can make sure an adverse drug action does not occur. Even if you use different doctors and different pharmacies, it’s essential that the pharmacist learns about all your other medications first.
Negligent Acts by Others
Pharmacies are normally staffed with several assistants who help fill prescriptions. If anyone in the dispensation chain acts with negligence that harms you, you may be eligible to file a lawsuit against one or more parties.
Indirect Damage
Some pharmacist errors cause diseases to develop. Others shorten the patient’s lifespan or otherwise reduce a patient’s quality of life. Whatever your specific situation, you may still have grounds for a lawsuit if the acts had a negative impact on you.
Get Help Fighting the Pharmacy for Fair and Just Compensation
To win a pharmacy negligence claim, your attorney must be able to prove the following four elements as true:
- The pharmacist had a duty to provide care to you.
- The pharmacist did not reasonably meet the standard of care.
- The pharmacist’s negligence caused harm to you.
- Because the pharmacist caused you harm, you can seek damages (compensation) from him or her.
All four of these points must be proven to win your case. For example, you cannot file a claim if the pharmacist made an error, yet you didn’t take the pills.
If your case goes to court, both sides will rely on expert testimony by doctors and other pharmacists who will testify. Their testimony will help the judge and jury determine whether acts of negligence occurred. You must enlist the assistance of an experienced pharmacy negligence attorney for complicated cases like these.
When you file a claim, your lawyer will conduct research of your medical history, drug interactions, allergic reactions, and test results. You need to work with a knowledgeable Florida attorney who can increase your odds of securing compensation for medical treatment, loss of income, and pain and suffering.
Call for a free case review today with an experienced Florida personal injury attorney who will help you protect your rights.
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.
Teen Drivers: Why Floridians Should Steer Clear This Season
In one recent Ohio accident, a 17-year-old driver was speeding and overcorrected, which ejected two teens from the vehicle and injured the other passengers. One of those teens was killed in the crash.
The reason the driver was speeding? The teens were running late to prom.
Over 5,000 teens are injured in car accidents every year across the nation during prom and graduation season, and one-third of teen driver accidents involve alcohol use. A full one-third of people under age 21 who die in accidents do so during graduation season, and many of them die in car accidents. Because of this, the months of April, May, and June are known as the most dangerous months for teens to be on the road.
It doesn’t end with teens, though – all Florida drivers need to be cautious. Even in the best of times, teens don’t typically drive with the same caution older drivers use. They take more risks and are less likely to make responsible choices in sudden situations. Teens are much more likely to be distracted drivers due to phone use, conversations, and peer pressure from teen passengers.
Now imagine that magnified by the lure of high school ending and the freedom of adulthood coming. Of teens wanting to have one last hurrah with their friends before they head off to college. That’s where we are right now.
Drinking and Driving on Prom or Graduation Night
Too many teens choose to celebrate these important life events with binge drinking. On graduation night, the percentage of alcohol-related fatal accidents moves up from 33 percent to 40 percent.
Teens often underestimate the risks of drunk driving. They may assume that someone at the party hasn’t had anything to drink and is safe to drive, but that’s frequently not the case.
If you are in an accident with a teen driver, the teen’s negligence may have caused your injuries, and you owe it to yourself and your family to hold them accountable for their actions and sue for compensation.
Understanding Florida Personal Injury Lawsuits
If you decide to file a personal injury lawsuit against a teen, here are the basics of car accident laws in Florida.
First, you must file a claim within four years of the date of the accident. If you don’t file within four years, you have no rights to compensation.
The court system will look at all parties involved in the accident and assign percentages of fault to each party. Your compensation will be reduced according to your percentage of fault.
For example, if you were speeding when the accident occurred, you may be held responsible for 20 percent of the accident. If the court decides to award you $100,000 for your injuries, that means the maximum amount you can actually receive under the pure comparative negligence rule is $80,000.
Florida also has a no-fault insurance law, which means that each driver is covered first by $10,000 in personal injury protection insurance. This applies no matter who is at fault for the accident. You can file for additional compensation only if the accident caused serious injuries. The courts also place caps on the amount of damages you can recover.
Want to learn more? Reach out today for a free consultation. One of our skilled Florida injury attorneys will be able to look at the facts of your case and tell you what options are available to you.
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 Insurers That Are Known for Bad Faith Practices
When you think of insurance companies that try to scam their customers by acting in bad faith, you might assume that they’re smaller businesses. Low-rent organizations that you’ve never heard of and certainly wouldn’t use.
However, you may be surprised to learn that there are actually some truly big names on the list of Florida insurers that are known for their bad faith practices. In this post, we’re going to reveal the worst offenders where bad faith is concerned, then explain some things you can do to protect yourself if your claim is rejected.
Insurers That are Most Likely to Engage in Bad Faith in Florida
According to Badfaithinsurance.org, the worst 10 insurance companies who act in bad faith include the following:
- Allstate
- State Farm
- The Hartford
- Unum
- Farmers
- Lloyds
- MetLife
- Liberty Mutual
- American Family
- Auto-Owners
Some of those names you may not have ever heard of, but many of them are stalwarts in the industry – including the first two on the list!
How did Badfaithinsurance.org come up with this list? The worst offenders were selected from 3,693 companies representing 655 groups.
Let’s look at a few of these companies in detail to discover why they ranked so high in bad faith insurance practices:
Allstate
Simply put, the company consistently refuses to pay claims. They also have a high rate of customer dissatisfaction, resulting in many lawsuits. It’s also worth noting that Allstate was also ranked as the worst offender by the American Association for Justice.
State Farm
State Farm has consistently ranked in the top three worst offenders for years. They have a poor record of failing to pay claims and a high number of lawsuits.
The Hartford
Known for frequent denials of claims, The Hartford often ranks high in bad faith insurer categories. Many customers complain about foul play and victimization.
Unum
This company denies legitimate claims over and over – even after appeals are made. They are also known for unreasonable delays in processing claims. Fraud has been widespread within their ranks.
Farmers
This insurance giant lets homeowners and businesses down with its failure to pay. They have inflated premiums and given commissions for shady behavior. Policyholders often complain about failure to pay legitimate claims.
Filing a Florida Bad Faith Insurance Lawsuit
If you are the victim of a bad faith insurance scheme, you need the help of an experienced attorney who can assist you in recovering the payments you deserve.
As a policyholder, you can expect claims to be paid under your policy terms. Yet insurance companies may use several tactics to avoid paying you, even for a legitimate claim. Here are some of the ways insurance companies resist making payments:
Delaying processing – An insurer may drag out the normal filing process to avoid making a payment.
Skewing evidence – Insurers may select arbitrary evidence to support their position of denying the claim.
Using invalid claim reviews – Some insurers reject personal injury claims based on the testimony of a doctor who hasn’t even seen the insured for a proper examination.
Failure to conduct thorough research – You deserve for every aspect of your case to be reviewed, not only the parts that favor the insurer’s position.
Using deceptive practices – An insurer may offer to pay less than your policy states, fail to inform you of a filing deadline, or use untruths when explaining your coverage.
Cancelled policies – In the worst cases, an insurer may simply cancel your policy to avoid paying your claim.
The Five Factors Florida Uses to Determine Bad Faith
Florida law requires that bad faith insurance cases are filed “after a third party obtains a judgment.” These five different factors must be considered to determine whether bad faith has occurred.
- How coverage applies to the claim
- Whether the insurer conducted a thorough investigation into the claim
- Whether the insurer resolved the issue in a reasonably timely manner, without prejudice
- Whether the insured received a notice of the insurer’s right to deny coverage along with a defense of why the claim was denied
- Whether the insurer tried to settle the claim despite the dispute over coverage
If the claim is covered under your policy and the liability is clear, yet your insurer fails to pay, you may be eligible to receive compensation for your losses. You may be able to file for compensatory damages as well as punitive damages.
These cases can be complicated and difficult to win. You need the help of a skilled Florida bad faith insurance attorney who has successfully handled cases like yours before. A tough defender will fight the insurance companies to get you the compensation promised under your policy.
Bad faith insurance claims need to be filed within strict timelines and under specific regulations. You’ll need to provide as much documentation as possible when filing your claim. A skilled lawyer will guide you through the process and conduct a thorough investigation into your case, looking for the best ways to defend your claim.
Ready to file a lawsuit? Call us today for a free case review. We’ll look at the details of your bad faith insurance case and help you understand your rights to compensation.
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.
Most Common Reasons for Wrongful Death Claims in Florida
The death of a loved one shakes a family to its core, bringing with it an enormous personal loss. If the death could have been prevented, this injustice tends to be difficult for surviving family members to comprehend.
If the deceased was a primary provider for the family or substantial medical or funeral expenses were incurred as a result of an accident or illness, their death may also leave the surviving family with an insecure financial future.
A wrongful death lawsuit can help address some of these concerns. Holding the responsible parties accountable for their negligent actions can bring about some sense of closure, and in some cases could help prevent future accidents. Moreover, seeking financial damages can help ensure a secure financial future for surviving family members.
Unfortunately, history does tend to repeat itself with wrongful death claims, as a majority of Florida wrongful death suits fall into the common categories of automobile and pedestrian accidents, premises liability accidents, product liability, and medical malpractice.
Automobile Accidents
Around 3,000 Floridians perish in automobile accidents annually, making car accidents a leading cause of accidental death. Unfortunately, many fatal auto accidents could be prevented but for the negligence of the at-fault driver. Moreover, many fatalities occur due to driving while intoxicated, which is both absolutely preventable and unacceptable.
Pedestrian and Bicycle Accidents
Florida has the highest rate of bicycle fatalities of any US state, with around 800 fatalities annually. Due to the thriving tourist trade and inviting climate, Florida cities also have a substantial amount of foot traffic, making pedestrian accidents common as well.
These tragic accidents are sometimes unavoidable on the part of the motorist, but in many cases could have been prevented if the motorist had been paying proper attention to the road.
Premises Liability Accidents
Slips, trips, and falls are very common, and can often lead to debilitating or even fatal injuries. In many cases these accidents are caused by negligence on the part of the property owner. For example, many such accidents occur due to unmarked wet floors, slick spills that have been neglected, unsecured rugs, or clutter in hallways.
Product Liability
Manufacturers are obligated to ensure that products offered for sale are safely designed and manufactured, and do not pose an unreasonable risk to consumers. Unfortunately, design and manufacturing flaws often slip through the cracks, putting unsafe products into the hands of consumers. Many times, these products can cause serious or fatal injuries, making product liability a leading cause of wrongful death claims.
Medical Malpractice and Medication Errors
We seek out medical care for ourselves and our loved ones, trusting that medical providers will provide competent care that improves the patient’s condition – or at least does not harm them. However, errors on the part of medical caregivers are unfortunately very common, which can lead to the wrongful death of a patient in extreme cases.
Medication errors are a particularly common cause of medical injuries and deaths. This could be due to dosing errors, failure to identify adverse interactions between medications, or failing to inform the patient of the risks associated with a medication.
Considering Seeking Wrongful Death Damages in Florida?
If you have recently suffered the loss of a loved one, you may be left trying to make sense of this tragic occurrence, particularly if the death may have been preventable. Seeking damages through a wrongful death claim could help to bring some sense of closure to your loss and secure your family’s financial future.
A compassionate but proactive wrongful death attorney can help to evaluate your case and advise you of your family’s rights. Get in touch with our office 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.
Top Reasons Floridians Should Use Ridesharing Services
There are many good reasons for Floridians to use rideshares. Like what? In this post, we’re going to dive into just a few of them to show you why you might want to consider opting for a rideshare the next time you need to get from point A to point B.
Ready? Let’s go.
Safer Option When You’ve Been Drinking
Services like Lyft and Uber are widely used among those who want to go out and enjoy drinks with friends, but not get slapped with DUI charges by driving home under the influence. The growth in their popularity has correlated with a decrease in Florida DUI injuries and deaths between 2013 and 2016.
Cost-Effective and Convenient
Across the globe, over one million rides are requested on a weekly basis. Ridesharing is often more cost-effective for commuters and can cost half as much as transport by taxi in some situations.
Moreover, it’s convenient. Anyone with a smartphone can quickly request a ride through several ridesharing apps. You don’t have to wait for a cab or preschedule a pickup, either – a rideshare is typically available in mere minutes.
You don’t have to carry cash since your credit card is automatically charged on the ridesharing app. This is a huge bonus for people who don’t normally have cash on hand. The app even handles the tip for you.
You will find frequent coupons in the app, too, which aren’t available through public transportation or taxis. Another bonus is you’ll know ahead of time what your bill will be – yet another improvement over a taxi ride.
Provides Social Connections
People enjoy connecting with others during ridesharing. Most rides can accommodate up to four passengers, and often connections occur during conversations on the ride. Sharing the ride with others also cuts down on your costs. You can even split the bill with a friend within the app.
Relieves Traffic Jams
Ridesharing also relieves some road congestion during peak travel times. Commuters are always looking for faster ways to get to work or back home, and ridesharing offers more creative solutions.
Improves Air Quality
As more people combine rides through ridesharing, the air quality improves due to fewer vehicles on the road. This is a good change for our environment, which will only continue to grow as ridesharing services become more popular.
Grants Mobility to Homebound People
Ridesharing also helps people stay mobile in areas that don’t have sufficient taxi services or public transportation. They make travel possible for people who may have been housebound before.
Stimulates Job Growth
Another benefit of ridesharing is providing jobs for people who want to work on flexible schedules. They can find a steady source of income through working for a ridesharing service.
Saves Time on Regular Commutes
If you commute every day, ridesharing may be a big timesaver. You only stop at your destination, not several stops along a lengthy route. It’s worth considering a switch to ridesharing if commuting is a necessary part of your workday.
Handy Option for Small Business Owners or Frequent Travelers
If you use ridesharing for your business, your expenses can be easier to track as compared to using taxis or other travel companies, where receipts are hard to come by. Rideshare apps allow you to track expenses online, which can be a headache saver for small business owners or those who travel for their jobs.
A Sign of What the Future Holds
Ridesharing may involve self-driving cars soon. It’s estimated that by 2020, over 10 million self-driving cars will be on American roads, and many of these cars will be involved in ridesharing.
How to Protect Yourself Against Ridesharing Negligence
Even though ridesharing clearly has benefits, not every ride will go smoothly. If you are injured in a rideshare, you need to know your rights.
If you wish to file a personal injury claim, call a trusted Florida injury attorney today to discuss the details of your case. We can help you determine who is at fault for the accident and how they can be held accountable for your medical expenses, lost income, and pain and suffering related to your injury. Call for a free consultation 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.
More Tesla Self-Driving Crashes – Who’s Liable in Florida?
Several self-driving Tesla car accidents have occurred over the last few years, and the company keeps blaming drivers for the mistakes. Is the answer really that straightforward, though? Who is really at fault for the crashes?
Below we’re going to dive into the specifics of one particular case, as well as what the investigations into these crashes have turned up, then talk about what Florida product liability laws have to do with cases like these.
Tesla Blames Driver for Recent Car Crash
The family of a man from Mountain View, Calif. is suing Tesla Inc. for wrongful death after his SUV crashed into a concrete barrier and collided with two other vehicles in March.
The company states that the driver knew the Autopilot function was not reliable in the location where the crash occurred, but he used it anyway. Tesla Inc. says the crash occurred when visibility was good and the weather was clear, indicating that the fault lies with the driver, not the vehicle.
The Tesla Autopilot feature regulates several driving functions without input from the driver. It automatically navigates lanes, adjusts cruise control, and turns into other lanes when the turn signal is on as long as conditions are safe.
The Autopilot function on Tesla vehicles requires drivers to keep their hands on the wheel. If the driver removes his or her hands from the wheel, sounds and visual alerts are enacted. On the day of the accident, the alerts sounded and flashed several times before the driver died. However, drivers don’t always heed the alerts.
The attorneys for the driver’s family claim that the Autopilot feature was defective and played a role in his death. Even though Tesla has refused to make further statements about how many times the alarms sounded that day, the Autopilot system is supposed to disengage after a certain number of alerts.
The National Transportation and Safety Board (NTSB) is investigating two other cases of Tesla crashes. In May 2016, a Florida man died in a high-speed crash when relying too much on the Tesla Autopilot system. In August 2017, an owner lost control of his Tesla due to a battery fire and crashed into his garage.
The NTSB has recommended that automakers who install semi-autonomous systems enact other measures to ensure that the system is not used. GM uses a camera system to track when a driver is looking forward. Only then will the semi-autonomous system work.
What Does This Have to Do with Product Liability Law in Florida?
The big question here is whether or not Tesla has a defective product in their vehicles with Autopilot. Here are the forms of product liability cases related to vehicles in Florida.
Defective Design
If the vehicle design presents a hazard to you, you may be able to hold the manufacturer liable for injuries. A skilled attorney will know whether the vehicle design played a role in your injury.
Defective Manufacturing
If a part was damaged during the manufacturing process, it could present an unreasonable hazard.
Failure to Warn
In these cases, the vehicle manufacturer knew about the risks but failed to properly warn the consumer of them.
Do these apply to Autopilot? It’s probably going to depend a lot on the specific circumstances of each crash. Which is why if you’re injured, you need to…
Talk to a Florida Injury Lawyer Immediately
If you have been injured in a car crash and you believe it was due to a vehicle defect, you need the help of a knowledgeable Florida personal injury attorney. Someone with years of experience who will fight hard against the auto manufacturers and insurance companies on your behalf. Call today for your free case review.
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.
The Two Types of Bad Faith Insurance Claims in Florida
Insurance companies are supposed to be there to help you when you have a great debt or damages to pay. The cost of emergencies, injuries, or lawsuits can be crippling for your family or business, but the proper insurance can protect you.
At least, that’s what’s supposed to happen. All insurers have a process that they are required to follow – not related to specific policies, but out of “good faith.” This process includes taking prompt action, responding to claims, and paying the amount of money in the claim as detailed by policy limits.
Unfortunately, sometimes insurers break the rules. They deny claims that should be covered. They cause an unreasonable delay. They offer to pay members far less than the policy says they should receive.
If an insurance company is neglecting its’ duties by acting in bad faith, there are two types of actions that can potentially be taken: third party actions and first party actions.
What are Third Party Bad Faith Actions?
Florida has two different types of bad faith actions that follow different processes according to common law and specific bad faith insurance laws. Most bad faith victims take the statutory action and follow the rules of Florida Statute s. 624.155.
In order to take statutory action, the affected party will have to file a civil remedy notice. The insurance company will have 60 days to take action on the civil remedy notice. If they do not take appropriate actions, then the party can file a bad faith action claim.
The third party involved in the lawsuit may bring up a bad faith claim against the negligent insurance, but only if the compensation exceeds policy limits.
Third party bad faith actions deal with liability insurance. If you or your business are sued for damages to another person, your liability insurance has the duty to assist you with your defense. In addition to paying defense costs, your insurance also has a duty to pay any compensation that you owe if the case is lost.
Defense costs can be very pricy, and insurance companies often have a limit on how much they will pay if you are sued. However, until that limit is reached, they have a duty to provide you with money and compensation.
If an insurer fails to fulfill its duties, they can be found guilty of third party bad faith actions. Insurance companies who are guilty of this type of negligence must pay the full defense costs and compensation – even if it exceeds the policy limits.
What are First Party Bad Faith Actions?
First party bad faith actions can involve many different types of insurance, including home or car insurance. If, for example, your home floods and you have insurance that covers flooding, you should receive some sort of compensation to cover the cost of the flooding after you file a claim.
The insurer may deny your claim if the damages are not part of the insurance coverage, but they must provide a valid reason as to why they are denying the claim. If the insurance company approves your claim, they have a responsibility to pay you in a prompt manner.
If your insurance does not respond to your claim or refuses to pay part or all of your claim without good reason, they are committing a first party bad faith action. As with a third party bad faith action, victims must file a civil remedy notice before they take further legal action.
Insurer Acting in Bad Faith? Speak to a Knowledgeable Florida Injury Attorney
In a bad faith insurance case, the court will take the following factors into account:
- The efforts made by the insurance company to promptly address the claim
- Whether the insurance company made the effort to deny the claim
- The severity of the case
- Investigations conducted by the insurance company related to the claim
If the court does not see evidence of the insurance company taking action to properly address your claim, you may be able to receive compensation.
Not sure about your insurer’s duties and whether they are acting in bad faith towards you? Read over your plan. It may include information and exceptions that apply to your claim or a lawsuit that you are involved in. If your insurer is supposed to cover you and they are neglecting to do so, you may have a bad faith insurance case.
Still not sure? Contact a South Florida injury lawyer today to discuss your bad faith insurance case and your options for taking action.
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.
Common Amusement Park Dangers Florida Parents Should Beware
This story has been in the news a lot lately, so there’s a good chance you already know about it. If not, brace yourself. It’s not pretty.
In 2016, a 10-year-old boy was decapitated as his raft went airborne and struck an overhead loop at the world’s tallest waterslide in Kansas City, Kansas. A sad, horrible tragedy, but every once in a while things like that happen… right?
Well, it turns out there’s more to this story. Recently, the co-owner, designer, and private construction company of Schlitterbahn Waterparks were indicted on charges of reckless second-degree murder as well as 17 additional felony offenses, including aggravated battery.
Why? The indictment alleges that the men designed the slide without proper engineering skills or technical expertise. Essentially, they rushed the project, cut corners, and were aware of the fact that doing so posed serious risks.
The allegations are a terrifying, disgusting tale of greed and power run amok, though it should be noted that the company says they will fight the charges because the accidents were unforeseeable.
Were they? Only time will tell.
What parents need to understand, though, it that amusement park accidents occur all the time:
- In 2017, one teenage boy died and seven others were injured when the Fire Ball ride broke apart at the Ohio State Fair.
- In 2016, a mechanical malfunction was the likely cause for a Ferris Wheel accident in Tennessee, when a basket tipped over and seriously injured three girls.
Every year, thousands of people visit the emergency room with amusement park injuries. Thousands more never seek medical treatment for their injuries.
Obviously you can’t control everything, but there are certain types of accidents and injuries that happen more frequently that others. Knowing what to watch out for may help you to avoid it.
Common Amusement Park Injuries
These are the most common injuries that occur at amusement parks:
- Cuts and bruises
- Broken bones
- Torn ligaments
- Head injuries
- Neck injuries
- Back injuries
- Stroke
- Brain aneurysms
- Traumatic brain injuries
- Drowning
Amusement park rides and water slides hurt more than 8000 people each year, with about half of those injuries occurring to children. Most of the injuries occur to children between the ages of 10 and 14 years old, and the most common type of injury occurs when a person either falls from a ride or is suddenly ejected.
Reasons for Amusement Park Injuries
Several factors make amusement park injuries more likely to occur. They include the following:
Failure to follow instructions
Passengers can get hurt if they do not follow the rules. Standing up, unbuckling a seatbelt, or sitting improperly can result in injuries.
Improper ride operation
Abrupt stops and starts can cause injury. If seatbelts and restraints are not properly fastened, people can be ejected from rides.
Inherent dangers
Rides move at fast speeds, which may trigger various injuries in susceptible people. Headaches, dizziness, and concussions can result.
Mechanical failure
If the ride is not properly maintained, or if a part of the machine or the design is defective, injuries can result.
If Your Child is Injured Due to Amusement Park Error
If you experience injuries at an amusement park that are the result of someone else’s negligence, you may have grounds for a lawsuit.
Unfortunately, holding a responsible party accountable for your child’s injuries is a tricky process – especially if that party is a giant, wealthy corporation that runs amusement parks.
To give your family the best chance at winning the compensation you need and deserve, your best bet is to enlist the help of an experienced Florida personal injury attorney. Call us for a free consultation today and we will determine whether you have grounds to file a 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.