When dealing with personal injury suits, especially those involving automobiles, malpractice, or hazardous workplaces, the term negligence is often throw around. Although you probably know what it means to be negligent as it’s used in everyday conversation, do you know how negligence applies to the law in the state of Florida?
What Is Negligence?
Negligence is failing to exercise the degree of reasonable care expected of someone in order to minimize the risk of harm to another person. According to Florida statues, negligence action means, without limitation, a civil action for damages based upon a theory of negligence, strict liability, products liability, professional malpractice whether couched in terms of contract or tort, or breach of warranty and like theories. The substance of an action, not conclusory terms used by a party, determines whether an action is a negligence action.
Four Elements To A Negligence Cause Of Action
In order for a plaintiff to prove that the defendant acted in a negligent manner, the plaintiff is required to prove four elements.
1) The defendant owed the plaintiff a “duty of care.” This essentially means that one party was obligated to act in... read article
If you are a new resident to Florida or a new driver, your head may certainly be spinning with the different types of insurance available to you. There’s personal injury protection, which is mandatory. But then there are options such as uninsured motorist coverage and bodily injury insurance.
Uninsured motorist coverage protects drivers when the other driver does not have enough auto insurance. It is the opposite of bodily injury insurance. Bodily injury insurance covers you if you hurt somebody else. If you are hit by someone and they don’t have bodily injury insurance, how are you covered?
Uninsured Motorist Coverage Is Recommended In Florida
Although the state of Florida requires its drivers to purchase $10,000 of personal injury protection, it does not require its motorists to carry bodily injury coverage. As mentioned above, uninsured (or underinsured) motorist insurance is the flip side of bodily injury insurance, and provides insurance that will cover you in case the person who hits you does not have bodily injury insurance.
Since motorists in Florida are not required to have bodily injury insurance, having uninsured motorist coverage is a good way to protect... read article
If you have suffered a personal injury, there is a strong chance that while receiving medical care, you will have been issued a prescription to help in your recovery. Imagine being in the middle of a long road to recovery, and after trying various prescriptions, you and your doctor finally find a medication that works. Suddenly, your insurance company decides to cut that medication, immediately complicating your recovery efforts, resulting in frustration, anguish, and even pain.
As the law currently exists, there is nothing preventing health insurance companies in Florida from changing the cost of a patient’s prescription drugs, or from dropping coverage of a drug, in the middle of a 12-month contract. The irony in this is that the insure is locked into a 12-month contract with their insurer, but the insurer is currently free to change the medications they cover on a whim. Recently, however, there has been a new bill filed in the Florida legislature that would force insurers to abide by those contracts.
The “Bait And Switch” Bill
The “Bait and Switch” bill, proposed by Sen. Debbie... read article
An assignment of benefits is common in many types of policies, as the insured can sign documents authorizing their service provider submit charges to an insurer for payment. The service provider is required to provide information to support the claim and receive benefits directly from the insurer on the insured’s behalf.
Assignment of Benefits is commonly used in an emergency situation where repairs or medical treatment must be performed right away, but the insured may not have the money to pay until their claim with the insurer is settled.
Unfortunately, abuse of the assignment of benefits system has rapidly grown over the last five years, to the point where it now seriously disrupts Florida’s insurance market.
Where Does The Abuse Come From?
Much of the assignment of benefits abuse stems from water loss claims, evolving into a costly problem in the state. Florida AOB lawsuits have increased 90,000 percent since 2000. However, it is not until recently that the abuse has gained traction, and reform has gained support. Attention was drawn to the issue when Citizen Property Insurance Corp highlighted the problem in its 2016 rate filing... read article
As you may likely know, Florida is one of ten states to have no fault personal injury protection. The purpose is to provided injured drivers up to $10,000 in immediate medical coverage, in lieu of establishing fault in an accident. The policy was meant to reduce payment delay for injured drivers, and is required to be purchased by all owners of motor vehicles registered in Florida. Each driver is responsible for their own injuries, regardless of fault.
However, many see Personal Injury Protection as an unnecessary government mandate that is costly and prone to fraud, while duplicating coverage many already have through their Medicare or private health plans. Although the no-fault system has been in place for over forty years, there recently has been discussion regarding whether it is time to end the system once and for all.
Cost Of Insurance Premiums
A state Senate panel recently heard that Florida drivers pay among the nation’s highest insurance premiums for relatively low coverage amounts. Although the mandatory limits are relatively low, Floridian drivers pay the fifth-highest auto premiums in the country. Many are now... read article
Tractor Trailer And Heavy Truck Manufacturer Daimler Recalls 4,900 Western Star Trucks For Air Tank Problems
The National Highway Transportation and Safety Administration, explained that a problem with the vehicles aluminum high-pressure air tank could cause potential catastrophic failure of Western Star heavy trucks braking system.
The problem NHTSA stated, could cause the air tank to rapidly loose pressure without warning. Without air pressure in the system, a range of vehicles from Tractor Trailers to heavy dump trucks could unexpectedly loose their braking system leading to a very dangerous situation for both truck driver and motorists.
As of yet no crashes linked to the problem have been recorded.
... read article
Subaru announced it is recalling more that 25,000 2017 Imprezas due to a softer problem that can lead to a malfunction of the rear backup camera display.
The National Highway Transportation and Safety Administration stated “A rearview camera display that does not function as designed can reduce the driver’s view of what is behind the car, increasing the risk of a crash.”
As having a rear view camera is essential for drivers to avoid tragic accidents when backing out of driveways, the lawyers of Shapiro Goldman Babboni Fernandez & Walsh urge 2017 Subaru Impreza owners to bring their vehicles in for repairs.... read article
Nissan has announced that it is recalling 54,000 2012 Verses for a potential issue with the air bag. Apparently the problem lies with the materials used in one of the sensors that trigger the air bag to deploy. Over time oxidation can form on pins in the electronics of the Satellite Sensor-to-Airbag Control Unit (ACU) harness connection - this oxidation could interfere with the required electrical connection and lead to an air bag failing to deploy.
Currently no injuries have been reported as a result of this potential problem however Shapiro Goldman Babboni Fernandez & Walsh urge anyone with a 2012 Nissan Versa check in with their dealer to schedule a repair.
... read article
Many of our blogs have been dedicated to providing information regarding automobile accidents and personal injury claims. However, we would like to expand a little further regarding drunk driving accidents in Florida. If you are the victim of a criminal act, you may be entitled to compensation through Florida’s Crimes Compensation Act, otherwise considered a Victim’s Compensation Fund. Victims of DUI crashes are provided certain allowances, although these allowances are often ignored unless pursued by the victim and the victim’s legal team.
What Is The Crimes Compensation Act?
Simply put, Florida’s Crimes Compensation Act is meant to provide financial compensation to eligible persons who are victims of crime. Any victim who received personal injury, or survivors of someone who was killed as the result of a felony or misdemeanor crime punishable under federal or state laws, is eligible for compensation. This includes DUI and hit and run automobile accidents. Elderly or disabled adults who suffered a property loss as the result of a crime are also eligible.
What Is The Criteria To Submit An Application?
In order to apply, the victim must... read article
You may have likely never heard of this company, but they play a big role in your safety when you are on the road. Takata is one of the largest suppliers of airbag systems for automobile manufacturers worldwide. As of last year, 14 automakers have issued recalls due to faulty airbags supplied from Takata. There have been nearly a dozen deaths and many more injuries because of faulty Takata airbags. If you have been injured in an automobile accident, there is important information you should know regarding your airbags and the potential for fair compensation.
What Are The Problems With Takata Airbags?
Certain types of Takata airbags have faulty inflators. These inflators have a propellant in them that degrades over time, resulting in airbag ruptures. A car crash increases the likelihood of an airbag rupture. Additionally, ruptures are most likely to occur in high, sustained humidity – exactly the type of climate found in Florida.
When Takata first recalled their airbags in May 2015, 11 vehicle brands and 34 million airbags were affected. As time went on, the recalls continued to grow, and eventually grew... read article