Nationwide, roughly one in seven (13.8%) drivers are not covered by liability insurance and are therefore uninsured. Florida is tied in fourth place with Tennessee and Oklahoma at 24% with the highest percentage of uninsured drivers. Part of Florida’s numbers are attributable to its motor vehicle insurance laws. Liability insurance…
Congressional Republicans are unrestrained hypocrits and ardent agents of America being a money-centered society over a people-centered society. The lure of big money trumps (pun intended) their lip service philosophy of limiting big government to empower the people. H.R. 5, the so-called Help Efficient, Accessible, Low Cost, Timely Health Care…
Permanent Total Disability (PTD) (440.15(1)) is the most valuable wage loss benefit available under Florida’s workers’ compensation system. Unlike Temporary Partial Disability (TPD) (440.15(4)) and Temporary Total Disability (TTD) (440.15(2)), monetary benefits that are available for only a short period of time, PTD can last for years and includes an…
Stacking coverage is one of the most misunderstood areas of Florida’s motor vehicle insurance laws. The goal of this blog is to help clear up the confusion. Stacked coverage is a type of coverage that is available within the broader type of coverage known as uninsured/underinsured motorist (UM/UIM) insurance. Neither…
In the wake of The Miami Herald’s excellent series, Neglected to Death (Part 1; Part 2; Part 3), on the dire health and safety issues associated with Florida’s nursing home/assisted living facility industry, this is a good time to discuss some legal propositions closely related to the subject. The Herald…
In Florida, a claim for wrongful death is brought by a court-appointed personal representative on behalf of the decedent’s estate and survivors. Florida’s Wrongful Death Act (FWDA) (Florida Statute Sections 768.16-768.26) outlines the specific damages recoverable by the estate and the survivors (e.g., surviving spouse and children). Many wrongful death…
Kudos to The Miami Herald for exposing the widespread abuse and neglect of residents within Florida’s nearly 2900 nursing homes and assisted-living facilities, and AHCA’s failure to perform its mandate to regulate and punish the wrongdoers. NEGLECTED TO DEATH Part I; Part II; Part III. It is a must read…
Tourists and local recreational scuba divers who use the services of dive companies, may wish to take note of an event that happened to a diver in California. A dive company was staging a dive near the oil rig Eureka in 2004 when the a diver surfaced 400 feet away…
Adopted in 1920, Florida’s dangerous instrumentality doctrine imposes strict vicarious liability upon the owner of a motor vehicle who voluntarily entrusts that motor vehicle to an individual whose negligent operation causes damage to another. See Southern Cotton Oil Co. v. Anderson, 80 Fla. 441, 468, 86 So. 629, 637 (1920).…
Motor vehicle accident victims would be well advised to follow these basic suggestions, many of which are applicable to other types of accidents: DO NOT give any statements, in writing or over the phone, to anyone about your car accident or injuries. This can even apply to your own insurance…