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After an accident, the last thing anyone wants to deal with is a difficult insurance company. Florida’s bad faith law allows an individual to sue their insurer if they believe that the insurer engaged in fraud or “bad faith” activities when defending or settling a claim that resulted in additional damages or legal costs for the insured. These types of cases can be extremely complex, which is why it is imperative to seek the help of a qualified Miami injury attorney who is well-versed in this area of the law.

In Hayas v. GEICO General Insurance Co., a man named Hayas was involved in an automobile accident that caused the death of another person. When the accident took place, Hayas had liability insurance through GEICO General Insurance Co. and had a policy for up to $100,000 per person and $300,000 per incident.

After the wreck, the deceased individual’s estate filed a negligence lawsuit against Hayas, the at-fault driver, as well as his insurance company. While there was a chance for settlement, the insurance company supposedly refused to settle the matter. After a jury trial, the deceased individual’s estate secured a judgment in state court for the amount of $1.6 million against Hayas. Continue Reading ›

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Products liability and negligence are both complex areas of law, which can be difficult to parse through. In fact, it can sometimes be confusing to determine which cause of action is relevant in your case. If you have been hurt and do not know which legal grounds are applicable in your case, you should seek the help of a qualified Miami injury attorney. A recent case decided by Florida’s Fifth Circuit Court of Appeals explained the distinction between the two legal concepts in the context of products liability.

In Holmes Regional Medical Center, Inc. v. Dumigan, a recalled drug known as heparin was used on a male patient who was admitted to the hospital for cardiac bypass surgery. The hospital used the recalled drug on him, causing injury to the patient. The hospital had failed to dispose of the drug from its stock. The patient and his wife sued the hospital on a negligence claim as well as a products liability claim.

Ultimately, the issue for the court of appeals was whether the claim was on medical malpractice grounds or products liability (specifically, because of the faulty medication). Continue Reading ›

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In the state of Florida, as with other states, the owner of a property has a legal obligation to maintain it in reasonable conditions so that visitors are safe when they enter the property. If you or someone you know has been injured on someone else’s property, you should seek the help of a qualified Miami injury attorney who can assess the merits of your case. We understand this area of the law very well and can inform you of your legal options. The outcome of your case will hinge on your reason for being on the property.

In Wilshire Insurance Co. v. Poinciana Grocer Inc., a Florida appeals court has reversed a decision that obliged Wilshire Insurance Co. to defend a convenience store in a negligence suit, holding that the insurance policy coverage did not extend to allegations stemming from assault and battery allegations. Put another way, the court stated that the company did not have a duty to defend a grocery store in an underlying suit over a fight that broke out inside the convenience store.

Negligence is the failure to use reasonable care in one’s actions or omissions. Reasonable care refers to the obligation to behave in a way that a reasonably prudent person would behave in the same or similar circumstances. Negligence is a legal doctrine that is intended to encourage individuals to act sensibly so as to prevent foreseeable injury to others. Continue Reading ›

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It may seem rather obvious that when you are involved in an accident, there must be quantifiable injuries for you to be able to receive compensation. This simply means you must have sustained harm that can be remedied through compensation. The nature of the harm determines the amount of compensation one receives. If you or someone you know has been injured due to someone else’s negligence, it is important to seek the help of a qualified Miami personal injury attorney who can assess the merits of your case and get you the compensation you deserve for your injuries.

When an individual is injured because of someone else’s carelessness or recklessness, the injured party can take legal action by filing a negligence claim against the at-fault party. Negligence is the failure to take proper care when doing something. Reasonable care refers to the duty of behaving as a prudent or sensible individual would behave in the same or similar circumstances. Thus, what is considered ‘reasonable’ will vary depending on the specific situation. Continue Reading ›

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Due to the Florida climate, outdoor activities in the state are common all year round. Swimming pools are common in Florida homes and apartment complexes. In fact, many community associations attract buyers and renters with swimming pools on the property. In some cases, the swimming pool is private, and other times it is shared between multiple units. Robert Dixon is a highly experienced Miami personal injury lawyer who has helped numerous clients resolve their accident cases when the injury involved a swimming pool.

In the case of Southern Owners Insurance Company v. Cooperativa v. De Seguros Multiples, etc., the Florida’s Fifth District Court of Appeals held that an owner within a condominium association is not covered under the association’s insurance in a case claiming negligent supervision that ended in a child’s death through drowning.

The facts of the case are as follows. The decedent was a seven-year-old boy who was in the care of a homeowner who lived in a private and gated condominium association. The boy was using the association’s shared swimming pool at the time he drowned. Subsequently, the boy’s mother filed suit against the condominium owner under the theory of negligent supervision. The mother also sued the association for negligence. Continue Reading ›

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Insurance companies fight claims and resist paying out their clients all the time. Dealing with an insurance company can be stressful and cumbersome. In some cases, insurance companies engage in misconduct to get out of paying claims. Robert Dixon is a highly qualified Miami personal injury lawyer who knows that monetary sanctions are only important in cases where there has been official wrongdoing, such as fraud on the court. That is precisely what happened in GEICO v. Rodriguez.

In the case at hand, Florida’s District Court of Appeals held that an auto insurance company for an 83-year-old man who lied about his ability to drive in a deposition testimony after an accident was responsible to pay sanctions for those misrepresentations.

The elderly driver had extremely poor vision and was deemed legally blind by his physicians. The doctors had instructed the man not to drive. The man did not follow this advice. In fact, within one month after receiving a renewal of his auto insurance company, the man caused an accident that struck two pedestrians. The pedestrians sustained serious injuries. Continue Reading ›

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Every state has different laws when it comes to the legal responsibility of bars and social hosts for providing alcohol to an individual who is later accountable for causing a motor vehicle wreck. Laws surrounding alcohol can be complex, which is why it is wise to consult a knowledgeable Miami injury attorney to determine what can be done in your case.

In the state of Florida, there is limited liability for bars and restaurants when it comes to incidents of drunk driving. Under state law, a person is liable when he or she willfully and unlawfully provides alcohol to an individual who is not of lawful drinking age or knowingly gives alcohol to an individual who is an alcohol addict.

In Case v. Newman, a Jacksonville woman was killed in a car accident when a 17-year-old drunk driver, Andrew Newman, struck her vehicle. Police confirmed that Newman was under the influence of alcohol when he lost control of his car and veered into the lane in which the decedent was driving. Paramedics determined that the victim was dead at the scene of the accident. The decedent’s daughter and personal representatives filed a lawsuit against Newman, his father and grandfather, who owned the car Newman was driving, and the store that sold Newman the alcohol. Continue Reading ›

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Unfortunately, many people throughout Florida and the United States engage in distracted driving every year by using their cellphones when they are behind the wheel. Despite texting and driving being illegal in the state of Florida, it continues to be a huge problem throughout the state. If you or someone you know has been hurt in an automobile accident, an experienced Miami injury lawyer can help assess the merits of your case and inform you of your options.

When a cell phone is the potential cause of an accident, it is common for parties to request cell phone records. In Antico v. Sindt Trucking, Inc., the court addressed the question of when a party asks to examine the content of the phone.

The facts of the case are as follows. The case was a wrongful death action brought by the widower and personal representative of the estate of a woman who was killed in a truck accident. The defendants alleged that the decedent was partially at fault because she was on her iPhone at the time of the accident. The plaintiffs objected, using privacy rights under the state constitution as the basis for their objection. Continue Reading ›

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In Mendez, Jr. v. Hampton Court Nursing Center, the Third District Court of Appeal of the state of Florida has held that an arbitration contract signed by a father in a nursing home during the admission was valid even when the son was not given the power of attorney by the father to do so.

A physician who worked at the nursing home stated that he assumed that the father did not have the capacity to make serious decisions about his health and medical care. Thus, the patient’s son (who did not have power of attorney) went ahead and signed health care documents and an agreement on his father’s behalf. These documents contained an arbitration clause.

While the father was still admitted to the nursing home, his eye became infected, and it had to be taken out. At a later time, the father gave power of attorney to his son. The son eventually filed a negligence lawsuit against the nursing home for the care given to his father. Negligence is a legal principle that refers to the failure to take proper care when doing something. Put another way, negligence is the failure to take reasonable care in one’s actions or omissions. Continue Reading ›

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If someone close to you has died due to the negligence of another, you may be able to recover compensation under Florida law. We know that the sudden loss of a loved one can be an enormously heartbreaking for family members. Our goal is to help families get the compensation they deserve for the loss of a loved one. While no amount of money can undo the harm, the money can help address the financial burdens that come with such a tragedy.

In Morales v. Zenith Ins. Co., a worker was crushed to death by a palm tree while working at an employer’s lawn maintenance business. The case was decided by the Supreme Court of Florida. Later, the worker’s widow agreed to accept workers’ compensation benefits. The contract through which she accepted workers’ compensation relieved the company from any further legal accountability in the case. In other words, the agreement stated that the workers’ compensation would be the widow’s sole remedy.

Some time later, the widow filed a wrongful death civil lawsuit against the company. The widow obtained a default judgment in the amount of just over $9.5 million. At this point, the company refused to pay the damages. A second lawsuit was filed in which the widow compelled the company’s insurer to pay the judgment. Continue Reading ›

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