Fort Lauderdale injury lawyer

June 1, 2022

How Not Wearing a Seat Belt May Ding Your Broward Car Accident Claim

Florida is a no-fault state when it comes to car accident claims. However, that doesn’t mean you can’t pursue monetary damages from negligent drivers. It also doesn’t mean you can’t be held responsible (at least partly) for your own injuries. The seat belt defense is a good example of the latter, as our Broward car accident lawyers can explain.

Let’s start with the fact that with very few exceptions, seat belts are required by Florida law for all drivers and passengers in motor vehicles.

Florida’s no-fault car insurance law holds that all vehicle owners must carry personal injury protection (PIP) coverage that provides up to $10,000 in compensation for any insureds injured in a crash with that vehicle – regardless of who was at-fault in causing the crash. An injured person can step outside the state’s no-fault PIP system and pursue a claim for additional monetary damages against any at-fault parties IF their injuries meet the serious injury threshold. As set forth in F.S. 627.737, they must prove their injuries – caused by the crash for which the defendant is responsible – resulted in significant/permanent loss of a bodily function, permanent injury within a reasonable degree of medical probability, significant/permanent scarring/disfigurement or death.

It’s worth noting that Florida is recognized as a pure comparative fault state when it comes to negligence claims. Per F.S. 768.81, that means each person/entity can only be held legally responsible to pay for the damages they caused. So for example, if one suffers $100,000 in damages and Defendant A is responsible for 40 percent and Defendant B is responsible for 60 percent, Defendant A will be ordered to pay $40,000 and Defendant B will be ordered to pay $60,000.

But what if one of the people responsible for a plaintiff’s injuries is the plaintiff themself? That is what we call contributory negligence. By way of their own negligence, they contributed to their own injuries. So if you suffered $100,000 in damages – but are 20 percent responsible for your own injuries – the most you can expect to be awarded is $80,000.

That brings us to the seat belt defense. Continue reading

April 15, 2022

Pursuing Florida Motorcycle Accident Damages

By Ansara Law Personal Injury Attorneys

A spate of deadly Florida motorcycle accident reports during Bike Week 2022 throws into sharp relief the danger many two-wheeled riders face when taking to the streets of the Sunshine State. The Daytona News-Journal reports there were six motorcycle deaths during the annual motorcycle enthusiast gathering in Daytona Beach this year. Two of those deaths (plus two injuries) occurred in a single crash when a car driver drove into an opposing lane of traffic where a group of motorcyclists were traveling. Fort Lauderdale motorcycle accident lawyer

In a single recent year, more than 5,000 motorcyclists lost their lives while riding. The National Highway Traffic Safety Administration (NHTSA) reports Florida has more motorcycle fatalities than any other state – with 591 reported in a single recent year. That’s more than either California or Texas – both of which have substantially higher populations.

For survivors of motorcycle accidents and their loved ones, knowing the basic steps of a claims process following a serious crash can help ease some of the mental load that can feel insurmountable those first few days. As longtime Fort Lauderdale motorcycle accident attorneys, we can explain that these aren’t handled like your typical Florida car crash claim. There are unique considerations, and it’s worth taking a few moments to better understand them before beginning the process.

What Makes Florida Motorcycle Crashes Different From Others?

The reality is any car accident has the potential to turn your whole world on its axis. With motorcycle crashes, though, there are a few differences. Those include:

Severity of injuries. Motorcycle operators and passengers lack the same level of protection as other motorists. Helmets aren’t required for adult motorcyclists in Florida, but even with them, riders don’t have the benefit of steel cage protective layer between them and the pavement. The severity of injuries in these cases means they tend to be inherently higher stakes.
Motorcyclists cannot purchase personal injury protection (PIP) coverage. PIP coverage is required under Florida’s no-fault auto insurance law, extending up to $10,000 in compensation for medical expenses and lost wages, regardless of who was to blame. Without this, many motorcyclists tend to rely heavily on their own health insurance plans. But that won’t cover things like lost wages and other damages. This makes it all the more imperative to closely examine fault of all involved parties – and hold other drivers accountable. Claimants can step outside the no-fault system when they’ve meet the serious injury threshold, as spelled out in F.S. 627.737.

I’ve Been in a Motorcycle Accident – Now What?

July 15, 2020

Boat Dock Injury at Florida Condo Raises Joint Liability Questions

By Ansara Law Personal Injury Attorneys

A woman who suffered a serious injury fall from a boat dock at a Florida beach club condominium had already won her premises liability lawsuit against the condo owners, the boat dock repair company and the condominium complex. But the case was again recently before Florida’s Third District Court of Appeals to determine whether the condo company could be held jointly and severally liable (legally responsible) to pay for the other defendants’ share of the damages. Fort Lauderdale injury lawyer

In short, the 3rd DCA held yes, they could – or at least part of it.

It comes down to whether the duties a defendant owed to the plaintiff were non-delegable, meaning they can’t be pawned off on another person or entity by contract. Continue reading

March 7, 2017

Property Owner Liability for Dangerous Road Conditions

By Ansara Law Personal Injury Attorneys

The New York Court of Appeals recently considered a case wherein plaintiff alleged injuries sustained as a result of a poorly-maintained, diseased tree was the responsibility of both the property owner and the state. According to court records, plaintiff suffered serious personal injuries when a large branch broke off that tree, which abutted the road, and fell onto her Jeep. The impact caused her to suffer traumatic brain injuries.

Plaintiff and her spouse sued both the property owner and the state. Against the property owner, plaintiffs alleged there was negligence in the failure to inspect, trim and remove the dead/ diseased tree. As far as the state, plaintiff alleged negligence by Department of Transportation workers for a failure to properly maintain trees along that road or warn drivers of the dangerous along that highway.

Defendant property owner asked to be allowed to introduce trial evidence of the state’s alleged negligence, and also requested a jury instruction on the apportionment of liability for damages between property owner and the state. Plaintiff indicated that while there was nothing preventing the jury from hearing trial evidence tending to show the state was possibly liable for her injuries, but she objected insofar as the jury should not be allowed to apportion fault against the state. (The state could not be ultimately joined in this action because sovereign immunity laws prevented her from prevailing in such action.) Continue reading

March 2, 2017

Miami Judge Forges Ahead With Air Bag Cases After Takata Pleads Guilty

By Ansara Law Personal Injury Attorneys

Japanese auto parts maker Takata recently pleaded guilty to fraud for concealing defects in millions of airbags sold to consumers throughout the U.S. and across the globe. The Justice Department announced the company will pay $1 billion for this deception, which affected 19 automakers and some 100 million vehicles worldwide.

Although that sounds like a lot, it’s actually peanuts, given the scope of the fraud in comparison to what other companies have paid for similar offenses. For example, Volkswagon was required to pay $21 billion over an emissions-cheating scandal. Although penalties will include $125 million to consumers, the judge could have imposed as much as $1.5 billion. However, doing so likely would have put the auto maker out of business.

Still, that might yet be on the horizon. In Miami, a U.S. District Judge said the settlement means the pending multi-district litigation can move forward, most likely via settlements before trial. Continue reading

February 28, 2017

Arbitration Agreements in Medical Malpractice Agreements Against Public Policy

By Ansara Law Personal Injury Attorneys

Recently, the North Carolina Supreme Court took on the issue of whether an arbitration agreement can be enforced in a medical contract. In a 4-2 decision, the court ruled plaintiff patient and his wife don’t need to go to private arbitration with the doctor and surgical practice for permanent injuries plaintiff suffered when defendant doctor performed surgery on him eight years ago.

Plaintiff went to the doctor for repair of a hernia. When he made his first appointment with the surgeon, he was handed a huge stack of paperwork to sign, which defendant doctor’s office routinely presents to new patients, along with other documents, prior to the first time the doctor meets with the patient. Included in that stack of papers was a legal document, known as an arbitration agreement, in which plaintiff signed away his right to have any future disputes with the doctor – including those pertaining to medical malpractice – resolved by a court of law. Instead, any disputes would be handled through a private arbitration firm.

This practice has become increasingly common, and the Florida Supreme Court encountered this very issue with regard to medical malpractice claims in a 2013 case – and reached a very similar conclusion. Continue reading

January 26, 2017

Entila v. Cook – Suing a Co-Worker for Personal Injury

By Ansara Law Personal Injury Attorneys

Work is a dangerous place for many in South Florida, and there are numerous opportunities to get hurt, depending on the field. Falls are typically the most common, but motor vehicles accidents are a significant source of workers’ compensation claims too. Workers’ compensation benefits are typically the only source of money one can get from an employer for a work-related injury. The good news is employees don’t have to prove the company was negligent, but they are usually only entitled to coverage of medical bills and a portion of lost wages. Injuries caused by co-workers – even negligent co-workers – usually fall under this exclusive remedy umbrella.

However, if a worker is injured by a co-worker who was not acting in the course and scope of employment, then the injured worker may be able to pursue a claim directly against that co-worker.

This was the situation in Entila v. Cook, recently weighed by the Washington Supreme Court. Although the ruling doesn’t have a direct bearing on cases in Florida, it’s known that state high courts will often look to the rulings set by other state supreme courts in deciding similar cases. Continue reading

December 10, 2016

Delray Beach Intersection Won’t Get New Light, Despite Fatal Crash

By Ansara Law Personal Injury Attorneys

Traffic engineers have decided that despite a fatal crash in late September, a Delray Beach intersection won’t be getting a new traffic light after all. However, engineers did recommend moving forward with a number of improvements that were already planned.

The Sun Sentinel reports the crossing at Federal Highway and Northeast First Street will be updated over the next several months to include:

A sign for motorists on Federal Highway, notifying them of the upcoming intersection;
A sign for motorists on Northeast First Street, to notify them cross traffic won’t stop;
Larger stop signs for those traveling both directions on Northeast First Street;
Relocation of a garbage can and bench that reportedly obstruct motorists’ views.

December 2, 2016

Davis v. Baez – Florida Negligence Claim Against School Bus Driver Gets Green Light

By Ansara Law Personal Injury Attorneys

A horrific school bus crash in Tennessee made international headlines when the driver, ferrying 37 children, strayed from the route and crashed, leaving six children dead and dozens injured. Questions have been raised as to whether the 24-year-old driver intentionally crashed the bus and whether the district should have been aware that he was a possible risk on the road.

The reality is that school bus accidents – especially fatal ones – aren’t all that common. The National Highway Traffic Safety Administration (NHTSA) reports that between 20004 and 2013, there were 1,214 school-transportation related fatal crashes. Approximately 134 people die in school vehicle-related crashes and about 8 percent of those are actually on the bus. About one-fifth are pedestrians and bicyclists. Most are people in other vehicles.

In the recent Florida case of Davis v. Baez, plaintiff was a student pedestrian who was injured when she was struck by another vehicle while crossing a darkened, busy street early one morning to get to her bus stop. Normally, the school bus driver wouldn’t be liable in a case like this, but the driver – allegedly and against the school district’s policy – instructed students at this particular stop to cross the street and be waiting for him at the bus stop on the east side of the street when he arrived. He told them if they didn’t cross before he got there, he wouldn’t stop to pick them up. However, school policy required that the students be allowed to wait on the east side of the street until the bus arrived, at which time the driver would extend his flashing stop sign to halt traffic in both directions so students could cross safely to the stop. 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