Broward Injury Lawyer Blog

November 21, 2016

West v. United Services Auto Ass’n – Asserting Bad Faith Insurance

Insurance companies – whether they are dealing with first-person or third-party claims – owe a duty to act in good faith toward an injured person. Generally, though, the duty owed toward an insured is greater than that owed to a third party. In general, adjusters are not acting in bad faith simply because there is a difference of opinion about the value of the claim. However, improper settlement tactics, withholding specific reasons for a very low settlement offer and some other actions, could be evidence of bad faith.

This is why it’s often beneficial for car accident victims to seek assistance in settlement negotiations with insurance companies, particularly if the injuries involved are serious and the effects long-lasting. There is much at stake in bad faith insurance claims, which can sometimes result in plaintiff being awarded triple the amount of damages.

In the recent case of West v. United Services Auto Ass’n, there were numerous parties involved in this car accident injury lawsuit. Although the district court granted a summary judgment for the plaintiff, holding the insurance company was liable for bad faith and ordered payment of $1.4 million to his guardian ad litem. The state supreme court in Montana reversed. Continue reading

November 17, 2016

U.S. Supreme Court Declines Review of Florida Workers’ Comp. Ruling

By Ansara Law Personal Injury Attorneys

The U.S. Supreme Court has refused a review of a Florida case that challenge the state’s entire workers’ compensation system. That means the lower court’s ruling in Stahl v. Hialeah Hospital will stand.

The ruling was not wholly unexpected. Stahl was essentially an indictment of the entire workers’ compensation system in Florida. The case stems back to 2003, when plaintiff began working as a nurse at a mid-sized hospital and he suffered a work-related back injury. This occurred just a few months after state legislators had enacted a series of changes to the state’s workers’ compensation program. Two years after his injury, his physician determined that he had reached maximum medical improvement. Unfortunately, that rating – and his injury – was essentially career-ending because, being unable to lift above a certain weight, he could no longer be a nurse. He was then awarded just 12 weeks of impairment benefit income and $5,472 – for an injury that permanently locked him out of his field. Later, the workers’ compensation board determined plaintiff didn’t meet the definition for permanent total disability and his claim for those benefits were denied.

What he argued in his case was that this award of just $5,472 was not adequate for the injury he sustained. Therefore, it could not be the exclusive remedy plaintiff had as recourse. Florida, like so many other states, recognizes an exclusive remedy provision that prohibits injured workers from suing their employer for negligence in exchange for a system of no-fault benefits. However, those benefits are supposed to fairly compensate workers for their losses. It was supposed to be part of a “grand bargain,” but as workers’ compensation protections are being steadily whittled away, it’s more of a bargain for companies and more of a raw deal for workers. Continue reading

November 14, 2016

Anderson v. Hilton Hotels Corp. – Florida Supreme Court Weighs Right to Attorney Fees for Injury Plaintiff

By Ansara Law Personal Injury Attorneys

A man who successfully sued a hotel chain and several other defendants for third-party liability stemming from a criminal attack at a hotel has now won another victory for attorney’s fees before the Florida Supreme Court.

At issue was F.S. 768.79 and whether a trio of defendants – named as one entity in jury instructions – received sufficient offers of settlement to trigger the requirement that they cover plaintiff’s lawyer fees.

The statute allows that if an offer of settlement is made (by either side) and isn’t accepted within 30 days and the matter then goes to trial and is decided in favor of the opposite party (at least 25 percent less than the offer made by a defendant or 25 percent more for an offer made by plaintiff), the losing side has to pay the attorney’s fees of the other party. The goal is to encourage litigants to accept reasonable offers and thus reduce the time and expense of a trial. (It should be noted that most civil injury lawyers accept cases on a contingency fee basis, which means they are only paid a percentage of your total damage awards if you win, but nothing if you don’t win. An award of attorney’s fees means your financial obligation to your lawyer wouldn’t be taken out of your final damage award.) Continue reading

November 11, 2016

Motorcycle Riders in Construction Zones Face Hazards

By Ansara Law Personal Injury Attorneys

Community growth can be seen in almost every area in South Florida. This growth means we need to expand our roads, update our bridges and install new traffic features. All of this involves construction as a near constant element of our commute. For motorcyclists, riding in construction zones can be especially hazardous.

According to the U.S. Department of Transportation, there were approximately 68,000 collisions reported in work zones nationwide. A higher proportion of fatal work zone crashes occur on the interstates, followed by urban arterials. Motorcyclists in construction zones have to continuously scan for debris, milled road surfaces, steel plates, loose gravel, road sealants and other dangers that could result in an edge trap (a sudden cut or drop in the road that might catch the tire of the bike).

We’re seeing more of these instances as construction picks up and we have more people riding motorcycles than ever before. The Federal Highway Pavement Monitoring System reports there was a 90 percent uptick in motorcycle registrations between 1997 and 2007, and motorcycle crashes overall make up an increasing percent of roadway fatalities and serious injuries. Just recently, a motorcyclist critically hurt in a construction zone settled his lawsuit against the state DOT, its construction contractor and a dump truck driver for $18.5 million. Continue reading

November 7, 2016

Florida BUI Laws Come Under Scrutiny

By Ansara Law Personal Injury Attorneys

It was late September when Miami Marlins’ star pitcher Jose Fernandez and two friends were killed in a boat crash off Miami Beach. Now, the latest report from the Miami-Dade County Medical Examiner’s Office is that Fernandez was legally drunk with a blood-alcohol concentration of 0.147, and he also had cocaine in his system. However, authorities have not yet been able to determine who exactly was driving the boat at the time it crashed into a rocky jetty around 3:15 a.m. The two others who died had blood-alcohol levels that were below the legal limit. Fernandez was the owner of the boat.

Last year, according to the Florida Fish & Wildlife Conservation Commission (FWC) there were 737 reported boating accidents, resulting in 55 deaths and 438 injuries. Miami-Dade County had the highest number of accidents and injuries (96 total accidents and 74 injuries and 3 fatalities), while May was the month with the most accidents overall (92). Alcohol or drug use was reported to have played a role in 19 percent of all fatal Florida boating accidents.

A pair of bills proposed during the 2015 state legislative session would have aligned BUI (boating under the influence) with those of DUI (driving under the influence). As it now stands, both first- and second-time offenders of both crimes face the same amount in fines and jail time. However, DUI repercussions are lot more severe than those received for BUI. For example, BUI does not affect a person’s driving record. What’s more, BUI convictions are not considered to be “prior convictions” in future DUI cases. Additionally, BUI convictions aren’t reported to the Florida Department of Highway Safety and Motor Vehicles. To treat these two offenses the same, said state Rep. Gayle Harrell, sponsor of one measure, “just made a lot of sense.” Continue reading

November 3, 2016

Tour Bus Crash Kills 13, Injures Dozens More

By Ansara Law Personal Injury Attorneys

A horrific, pre-dawn bus crash involving a tour bus full of sleeping passengers on their way back from Los Angeles resulted in 13 deaths and dozens of injuries.

Officials told The Washington Post that the bus collided with a tractor-trailer truck that was traveling on the interstate going approximately 5 mph. The bus, which was going much, much faster, slammed into the rear of the truck with such force that the entire front of the bus became enmeshed in the trailer of the truck – a full 15 feet into the back of the rig. Authorities report a total of 13 people were killed and another 31 were seriously injured and taken to area hospitals – all adults with injuries ranging from minor to critical. Of those 13 who lost their lives, 10 were women. One of the three men killed was the driver of the bus.

Now, The Los Angeles Times reports so far two of those families have filed wrongful death lawsuits against the bus company that was chartered to bring them safely home from an L.A. casino. Plaintiffs allege the bus company, USA Holiday, and the driver personally failed to:

Travel at a safe speed;
Brake to avoid a crash;
Properly maintain the bus.

October 28, 2016

$8M Verdict Awarded for Wrongful Death of Disabled Group Home Resident

By Ansara Law Personal Injury Attorneys

Families of loved ones who suffer from disabilities face many difficult decisions regarding their care throughout their lives. If they are unable to live on their own unassisted and can’t be cared for by a relative, arrangements must be made for them to reside in a setting that can best fit their daily needs. In many cases, that is a group home. However, as our injury lawyers have seen in cases past, these centers may not be fully equipped or their staffers properly trained in providing the best care and services.

Recently in Oklahoma, the operator of a group home was found mostly to blame for the wrongful death an adult resident who died of pneumonia in the spring of 2014, shortly after he was relocated to the home. The relocation occurred because the Oklahoma Department of Human Services voted to close his previous residence rather than investing in building repairs. That meant families were forced to find other suitable arrangements, and many worried there weren’t enough facilities in the area equipped to safely care for individuals with such needs. Attorneys for decedent’s estate argued soon after his arrival at defendant’s facility, he was not properly fed, medicated or supervised.

A lawsuit had been filed against the state, alleging 18 former patients of the first group home died suddenly after being forced to leave and find other sources of full-time care. A jury found the state wasn’t negligent. However, the same can’t be said of the administrators who ran the group home or even the doctors and nurses who provided his care. Continue reading

October 23, 2016

$7M Motorcycle Accident Lawsuit Filed by Widow Against Driver, Car Owner, Bar

By Ansara Law Personal Injury Attorneys

The widow of a man killed in a motorcycle accident earlier this year has filed a wrongful death lawsuit against three defendants: The driver of the vehicle, the owner of the vehicle and the bar that served the driver alcohol prior to the crash.

The Times Free Press reports that the fatal accident, which happened in Tennessee in May, occurred when a 33-year-old reportedly left a local nightclub behind the wheel of a friend’s BMW. He reportedly had just been in an argument with his girlfriend when he pulled out into traffic from the parking lot and immediately struck an Ironhorse motorcycle driven by decedent. The 60-year-old rider, who hours earlier had attended his daughter’s high school graduation, was pronounced dead at the scene by first responders. Henry Cofrancesco, the driver of that car. refused to undergo field sobriety tests at the scene, but police obtained a warrant to conduct a non-consensual blood draw. He was arrested four months later on charges of vehicular homicide, DUI, cocaine possession and leaving the scene of an accident/ failure to render aid.

Now, decedent’s widow and child are seeking damages for wrongful death and loss of consortium. The lawsuit alleges staffers at the nightclub knew or should have known how drunk Cofrancesco was and failed to stop serving him and/ or stop him from driving. The owner of the vehicle is accused of negligent entrustment for allowing Cofrancesco to drive the vehicle, despite his state of impairment. Continue reading

October 20, 2016

Finch v. Thurston County – Dog Bite Injury Strict Liability Exceptions

By Ansara Law Personal Injury Attorneys

Dog bite injuries in Florida are handled under a legal theory known as “strict liability.” What this means is, according to F.S.767.04, a dog owner may be liable if his or her dog bites someone – even if that dog had no history of any vicious behavior and even if owner had no prior warning or knowledge the dog might bite. The injured person does not have to prove the owner’s failure to use reasonable care played any sort of role in causing the bite. Rather, they must show the defendant owned/ controlled the dog, the dog bit the victim, that bite caused injury to victim.

There are, however, a few exceptions to the rule. Those include:

The person who was bitten was not lawfully in the place where the bite occurred. (In other words, he/she was trespassing.)
Comparative negligence. This asserts the dog bite victim’s own negligence was partially to blame for causing the bite. This generally doesn’t apply to children under the age of 6.

October 16, 2016

Vasquez v. American Cas. Co. – Workers’ Compensation and UIM Benefits

By Ansara Law Personal Injury Attorneys

If a worker is struck by an under-insured driver while on-the-job, it can result in a unique situation for compensation. As you probably know, most injuries that arise out of the course and scope of employment are going to be covered by workers’ compensation benefits. However, it can get a bit thorny if you settle with your workers’ compensation carrier based on the assumption you’ll still collect uninsured/ underinsured motorist benefits.

Florida statute gives auto insurers the right to set off its obligation not just by what workers’ compensation actually paid, but by the full amount you were entitled to receive. This is spelled out in Fla. Stat. § 627.727. That’s why it’s so important to have an experienced injury attorney in Fort Lauderdale overseeing your case. You don’t want to undercut your rights with UM/UIM coverage by settling too soon.

There could be other considerations as well. Recently, the New Mexico Supreme Court was asked to resolve an issue from a federal district court concerning state law as it pertained to the UIM benefits a deceased worker’s family was entitled to collect after already receiving workers’ compensation death benefits. The case was Vasquez v. American Cas. Co. of Reading. Continue reading