Articles Tagged with Palm Beach car accident attorney

Millions of residents, vacationers, and business visitors in Florida rely on ridesharing services like Uber. The company itself reports contributing $1.1 billion in gross state product to Florida’s economy – and that doesn’t even include the UbeEATS branch of the business. But those who rely on Uber and other rideshare services should understand how the state’s new comparative fault standard may impact their Palm Beach personal injury claims.

Let’s start by explaining what comparative fault is, and how it’s changed in Florida in the last year.Florida Uber accident lawyer Palm Beach

Comparative fault in principle is the idea that everyone should be responsible for his or her own wrongdoing. So if you’re injured in a car accident caused by a drunk driver but your injuries were exacerbated by the fact that you were speeding, the drunk driver would not necessarily be 100% liable to pay for your damages. A finding of comparative fault proportionally reduces damage awards to whatever extent the plaintiff is responsible for their own injuries. So if there is a finding of 20% comparative fault due to your speeding, you can only collect up to 80% of your total damage awards.

Different states have different rules about how comparative fault is applied. Prior to last year, Florida followed a pure comparative fault model. That means that even if you were 99% at fault for your own injuries, you could still collect the remaining 1% of damages from the other at-fault party. Obviously that wouldn’t be an ideal scenario, as it would dramatically reduce your damage award. But the idea with a pure comparative fault model is that a person who is 45% responsible for causing an accident shouldn’t be off the hook completely simply because the person hurt was 55% responsible. Continue reading

Dealing with insurance companies can be a pain, as anyone who’s ever been in a South Florida car accident knows. Lawmakers recognize it too. That’s why there are legal protections in place to ensure fair play. Insurers are legally bound to act in good faith when handling claims. When they don’t, courts can impose financial sanctions. hands of attorneys, seated at a table with hands on documents as they negotiate; a gavel and justice scales are on the table

One example of bad faith insurance is when an auto insurer rejects a fair settlement offer in a pending lawsuit. As our West Palm Beach car accident attorneys can explain, if the case proceeds and the plaintiff wins a judgment totaling 25 percent or more than the settlement offer, the court can order the insurer to pay the plaintiff’s attorney’s fees.

Few things to note: Plaintiffs don’t pay West Palm Beach car accident attorneys’ fees upfront. These services are provided on a contingency fee basis, meaning we aren’t paid unless or until you win. Our fee is derived as a percentage of the amount you win. But when a defendant is required to pay attorney’s fees, it means the plaintiff keeps the entire damage award and the defendant covers our fees. Insurers would obviously rather avoid that outcome.

In a recent case dealing with this issue, Florida’s 2nd District Court of Appeal held that an auto insurer’s long-delayed payment of UM policy limits – after rejecting an earlier lower settlement offer by the plaintiff – amounted to a “confession of judgment” that can be used as grounds to justify an order for the insurer to pay the plaintiff’s attorney fees. Continue reading

As Palm Beach personal injury lawyers, our clients are those who have been impacted by the negligence or wrongdoing of others. However, we have occasionally heard of incredulous third-party defendants who wonder how they could possibly be held liable for someone else’s misdeeds. But there are quite a few instances in Florida injury law wherein statute allows for vicarious and third-party liability. Car accident cases may be among these. West Palm Beach injury lawyer

In general, there are three ways third parties can be liable for Florida car accidents:

  • Drunk driving accidents. In drunk driving accidents, third parties, such as bars or social hosts, can be held legally responsible per F.S. 768.125, if they either served alcohol to the impaired driver prior to the crash – knowing they were either under the age of 21 or habitually addicted to alcohol. This is called “dram shop liability.”
  • Employers of negligent drivers. If a tow truck driver is on the job and runs a red light, crashing into another car and causing serious injuries, the tow truck driver’s employer may be held liable – even if the company technically did nothing wrong. Employers can be held vicariously liable for the negligence of their employees if the workers were acting in the course and scope of employment at the time of the incident. This is based on a legal doctrine called respondeat superior, which is Latin for “let the master answer.”
  • Vehicle owners. This is where we sometimes hear the question, “Can I be sued in South Florida if someone else wrecks my car?” And the answer is: Yes. Florida is a little unique in this because of its recognition of the dangerous instrumentality doctrine. Basically, it was established in the 1920s by the Florida Supreme Court that motor vehicles are recognized as inherently dangerous instruments. As such, if you own one and you allow someone to use it (with express or implied permission) and that person goes on to operate it in a way that is negligent and causes harm to others, YOU can be held legally responsible. This is another example of vicarious liability for someone else’s negligence. However, it only applies if you have given that driver permission. If someone steals your car and then wrecks it, you would not be vicariously liable in that instance.

Sometimes, vehicle owners can be found directly negligent too – even if they weren’t operating the vehicle. As our Palm Beach personal injury lawyers can explain, there may also be grounds for negligence as well. Continue reading

All vehicle owners in Florida are required to carry auto insurance. However, as our Palm Beach car accident lawyers can explain, those policy limits are sometimes hardly enough to cover your losses. Beyond that, insurance researchers report 1 in 5 drivers in Florida have no insurance at all. Palm Beach car accident attorney

In cases where a car accident victim’s damages (or amount of losses) are higher than the insurance policy limits, the defendant driver may be personally liable for the rest. We may also look to other potential avenues of liability, such as your own uninsured/underinsured motorist coverage carrier, the owner of the vehicle defendant was driving (if different from the at-fault driver) or other third parties (businesses, government agencies, etc.).

By working with an experienced South Florida injury lawyer, you are assured that someone is fighting for your full and fair compensation. Continue reading

Personal injury litigation is the most common type of civil action in Florida courts. Car accident claims in particular are ubiquitous. Many of these will be settled prior to trial, but it’s important to understand that unless your degree of injury meets something called the “serious injury threshold,” your case won’t gain much traction.South Florida injury attorney

Florida is one of the few states that adheres to a no-fault system when it comes to car insurance. Vehicle owners are required to purchase personal injury protection (PIP) coverage, as outlined in F.S. 627.736. This provides up to $10,000 in coverage for medical bills and lost wages incurred in a crash, regardless of who caused it. Property damage liability coverage is separate.

For minor car accidents, PIP coverage may be more than enough. But if someone suffers serious injuries, that amount won’t go very far. Still, Florida law sets a serious injury threshold for personal injury recovery in car accident cases. In other words, your injuries must meet certain criteria in order to pursue damages against the at-fault driver. Some bruising on your arm and face probably won’t cut it, but if you’ve suffered broken bones or torn tendons, it might. Continue reading

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