Florida Law

Losing a loved one can be one of the most difficult things that you face, and it's even worse when their death was caused by the recklessness or negligence of someone else. Medical bills and funeral expenses are hard enough to deal with, but the emotional and mental anguish you're feeling will be tremendous. While pursuing litigation through a wrongful death lawsuit won't help ease your sorrow, it can help to remove some of the stress and financial burden that the loss of your loved one has put you under. Don't just suffer on – find someone to help you seek compensation for your loss.

If a death occurs through the fault of another party, that party can be held accountable as a defendant in a wrongful death lawsuit. As a result, the defendant could be ordered to pay out a sizeable sum of money to the family of the victim. Wrongful death can put a huge financial burden on those that are grieving and cause even more stress than would occur through an accidental death that isn't the fault of someone else. Settlements of millions of dollars have been awarded to the families of... ...read full post

Auto accidents happen every single day, by the thousands. There are so many different things that can cause these accidents and it's going to be up to you to figure out the facts. A car accident attorney will tell you that distracted driving is the leading cause of accidents today. People are too busy to just drive anymore, it seems, and it's taking a toll on lives and accident statistics alike. If you are driving and doing anything else, you are risking an accident that can easily be avoided if you take the time to focus on the road at all times.

Resources and experience available to an auto accident lawyer can give you the details about these accidents and help you understand exactly what you are dealing with. There are so many different resources out there, including state and national statistics and information databases, that you can use to learn all about car accidents and their prevalence. Distracted driving is the most common cause of accidents today and cell phones are easily taking the cake in terms of distractions. People who are talking, texting, or browsing the internet on their phones are causing a lot of unnecessary accidents on the... ...read full post

Wrongful death cases are very tragic. Often, when people lose a loved one, they aren't even thinking about the money involved in the lawsuit that they are filing. Therefore, if you have been involved in this type of situation and you really want to make sure that people are held accountable, you have to think about filing a claim. It isn't about getting millions of dollars for your loss because that can never fix the situation. It's just about holding people accountable for what they have done when something happens to your loved ones.

Wrongful death cases are very precarious in nature. You have to take the time to explore all of the different options that you have and make sure that you don't limit yourself when you are looking for the best legal representation. This is a time when you are dealing with a lot of emotions and any lawyer should be sensitive to your needs and focused on helping you get the outcome that you deserve rather than thinking about the money that you (or they) will make from the case at all. It is nice to think about the financial freedom that can come from a case like... ...read full post

Bernard Walsh of the Florida Personal Injury Law Firm of Shapiro Goldman Babboni & Walsh was honored to present the Trooper of the Year Award to Florida State Trooper Edward Pope

Trooper Pope won this prestigious distinction for the second time when he saved the life of a choking infant by using back thrust.

"Having the privilege of presenting this prestigious award to Trooper Pope for an amazing second time is a real honor. Trooper Edward Pope has distinguished himself in the service of Floridians over the years and the people of Florida are fortunate to have such an effective State Trooper protecting their safety" - Attorney Bernard Walsh.... ...read full post

Auto accident law quiz question: Why do we need automobile insurance?

A. Because the law requires it.

B. Because it's the smart thing to do to protect you and your family from personal injury.

C. All of the above.

The correct answer is “C.” First Florida law requires that everyone who owns an automobile purchase insurance. Florida drives are only required to have personal injury protection or “PIP” coverage, which pays the medical expenses of 80 percent up to $10,000, regardless of fault. Some people elect a large deductible, presumably to reduce the premium. Unfortunately, they don't realize until it's too late the few dollars they saved on premiums will cost them thousands if they are injured in the accident, which is why the insurance was purchased in the first place. Florida law also requires that the driver responsible for the accident have property damage coverage of $10, to pay for damage to the other car. If you have the required coverage, you are deemed “insured”. Unfortunately, motorists are not required to carry insurance to compensate victims of car accidents that are not at fault. Although the insurance requirement was born from good intentions, you cannot legislate common sense. That's optional.

For my part... ...read full post

As a Florida Auto Accident Lawyer, I feel a sense of purpose when I represent an injured victim of an accidental but nevertheless senseless, act of negligence. Sure, there is a lot of stress, hard work, legal pitfalls, politics and negative preconceived notions, but at the end of the day, I feel a great sense of provide for whatever I'm able to accomplish on behalf of my personal injury client.

When Kim Bonner requested I write an article for The Docket, what I could offer to an audience of Sarasota Lawyers, many of whom I am families with fro working with or against them defending the legal rights of my clients on current and past personal injury cases. There are a number of excellent personal injury lawyers in Sarasota, so to offer any comments is like "preaching to the choir." However, I have noticed that a fair number of Lawyers who practice primarily in other areas are marketing for personal injury cases, which is perfectly acceptable we are all entitled as many clients as we can properly manage and represent. However, we owe it to our clients to be knowledgeable about the law to maximize their recovery.

Those attorneys... ...read full post

According to an article in the Herald Tribune, Florida has had some success in reducing the number of "uninsured" drivers on its roads due to the tougher laws passed years ago penalizing drivers for not having the minimum insurance required by law.  Before going out and celebrating your uninsured motorist coverage, consider the following.

The Department of Insurance deems anyone having the minimum required insurance as "insured," or not "uninsured."  However, an insured victim of a negligent but legal, driver, may still be unprotected for any damages sustained.  The minimum required insurance is simply not enough.

Florida law requires that everyone who owns an automobile purchase personal injury protection, "PIP" coverage, which pays their own medical expenses of 80 percent up to $ 10,000, regardless of fault.  Florida law also requires that drivers have property damage coverage of at least $10,000 in the event they are responsible for the accident and damage the other person's vehicle.  If you have this coverage, you are defined as "insured."

Unfortunately, Florida law does not require that drivers purchase bodily injury liability to protect those who may be injured as a result of negligent driving.  Thus, there is no coverage to compensate you- the innocent injured- for... ...read full post

When the Florida Legislature passed the "Florida Motor Vehicle No-Fault Law" in October 1976, it had two purposes in mind: First, it wanted to ensure everyone who owned a motor vehicle had a minimum of benefits for treatment for accident related injuries. Second it wanted to limit the insurance companies' exposure and result of automobile accidents.

Seventeen years since the law passed, we must ask ourselves whether accident victims are really receiving the medical disability and death benefits provided in the law.
Florida law states that "80 percent of all reasonable expenses for necessary medical, surgical, x-ray, dental, rehabilitative services, including prosthetic devices, and necessary ambulance, hospital and nursing services," are to be paid under the personal injury protection coverage of the auto policy, or "PIP."

Those provisions may appear straight forward, but the words " reasonable" and "necessary" have created fertile ground for insurance abuses that have resulted in delays for the injured and an unfair advantage for the insurance industry against their wounded and often financially strapped insured.

The law further states that the insurer must pay within 30 days after receiving a claim, but further provides that the insurer can delay payments if it has "reasonable proof " that it is responsible for... ...read full post

March 11. 2011, Attorney Bernard Walsh lectured the Manasota Trial Lawyers Board about strategic use of the Florida crash report.

Mr. Walsh informed many of the areas top trial lawyers on how to best use the Florida crash report an the statements collected by law enforcement at the scene of an accident to both protect the legal rights of clients and prevent fraudulent statements from affecting court outcomes. Upcoming changes in the Florida PIP regulations to combat accident fraud make correct use of the Florida crash report more important than ever for Florida personal injury lawyers in resolving legal disputes that result from serious auto accidents.

Manasota Trial Lawyers Board is a local organization composed of some of the foremost trial lawyers in Manatee and Sarasota Counties. Membership is obtained through special invitation and is extended only to those attorneys who exemplify superior qualifications of leadership, reputation, influence, stature, and profile as civil plaintiff or criminal defense trial lawyers.

Bradenton Attorney Bernard Walsh is firmly committed to community service. He is an active member of the Manatee and Sarasota Sheriff's Advisory Board, the Florida Highway Patrol Advisory Council and the One Hundred Club for Law Enforcement in Manatee and Sarasota.... ...read full post

Florida, like most states, requires that when a motor vehicle crash is brought to the attention of law enforcement agencies a crash report be prepared by the investigating officer. This requirement is set forth in section 316.066 of West's Florida Statutes Annotate. Section 316.066(1)(a) provides that the report must be filed no later than ten days when an accident results in death or injury, when a party involved flees the scene of the accident, when a party is under the influence of alcohol, or when a vehicle is so damaged it must be towed1. In order for an investigating officer to properly investigate a crash scene, there must be cooperation from the parties involved.

Since providing information to the investigating officer may put parties in the position of making incriminating statements against themselves, section 316.066(5) allows a privilege for such statements given to a law enforcement while conduction and investigation. The privilege protects the speaker's 5th amendment right by keeping such statements from being used against the speaker in a civil or criminal trial. However, not everything included in the crash report is covered by this privilege Salama v. McGregor outlines what is not covered by the privilege.

"The privilege... ...read full post