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…
Continue reading ›
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…
Continue reading ›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…
Continue reading ›
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…
Continue reading ›
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,…
Continue reading ›
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…
Continue reading ›
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…
Continue reading ›
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…
Continue reading ›
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…
Continue reading ›
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…
Continue reading ›
