wrongful death lawyer

Florida Crash Victim’s Family Wins $13M Verdict, Will Pursue Bad Faith Insurance Claim

December 12, 2019 | by David J. Halberg, Esq.

The widower and surviving children of a 36-year-old woman killed in a Florida car accident three years ago have secured a $13 million verdict against the estate of the driver who caused the crash by making an illegal pass. The family’s wrongful death lawyer says the next step is to pursue a bad faith insurance claim against the auto insurance company that acted in bad faith in failing to settle this claim before trial. West Palm Beach wrongful death lawyers

As our West Palm Beach wrongful death lawyers can explain, bad faith insurance claims are those stemming from an insurance company’s failure to act in a reasonable manner when processing, investigating and paying a claim. This remedy exists because legislators and courts recognized that when it comes to settling claims, insurers are in the driver’s seat. They have more expertise, negotiating strength and financial resources than any claimant. That makes good faith and fair dealing of insurers essential. But that doesn’t mean they always do.

Working with an experienced wrongful death lawyer can help reduce the chances that an insurer will attempt to undercut you with a low-ball settlement or refuses to settle for a reasonable amount. If that doesn’t happen, a good lawyer can help you begin to gather evidence to build a solid case for bad faith insurance. Continue reading

Florida Wrongful Death Claims Often Paid by Homeowner Insurance

March 8, 2019 | by David J. Halberg, Esq.

A state supreme court in the Midwest recently affirmed an insurance subrogation claim brought by a homeowner’s insurer against a commercial liability insurer following an accidental shooting death at a farmhouse property insured by two policies. The decision by the Iowa Supreme Court noted the commercial liability insurer’s obligation to cover the wrongful death claim on the basis of premises liability for having a dangerous condition on the property. personal injury attorney

As our Palm Beach wrongful death lawyers can explain, it’s not unusual to make claims against homeowner insurance policies, given that homes are where so many potential hazards exist – from aggressive dogs to slippery floor to untended pools. If a person gets hurt on private residential property, a homeowner’s insurance policy (often required for any who still owe a balance on their mortgage) will provide coverage – up to the policy limit.

Homeowner insurance claims often will not cover damages for injuries that were intentionally caused, such as those inflicted by a criminal assault. The exception would be claims for third-party liability, where the property owner/insured was liable for something like inadequate security or some other theory of premises liability.

The Insurance Information Institute reports that over a four-year period, almost 6 percent of insured homeowners filed a claim, and about 0.13 percent were for liability, with the average payout for those being about $17,000 ($23,000 for cases involving bodily injury). Claims involving wrongful death will likely have much larger payouts. Florida ranks No. 3 in terms of the average homeowner insurance premiums. Continue reading

Wrongful Death Product Liability Lawsuit Discovery Hits Trade Secret Legal Snag

May 14, 2018 | by David J. Halberg, Esq.

A fatal automobile crash spurred a federal wrongful death lawsuit against a tire manufacturer that recently got snagged on the issue of trade secrets. The case illustrates why it’s imperative that those who have suffered a serious injury or death of a loved one due to a car accident seek legal advice from a law firm with extensive experience in handling complex litigation. This is particularly true when we’re going after the manufacturer of a defective vehicle or faulty vehicle part. Product liability laws make these cases far more complex than your typical crash-related injury claim. vehicle defect

Here, in these defective vehicle tire liability case, the U.S. Court of Appeals for the Fourth Circuit certified a question to the South Carolina Supreme Court, asking if the state high court recognized evidentiary privilege for trade secrets (and thus whether the federal trial court erred in applying federal discovery standards). The state court responded yes, it did recognize privilege for trade secrets, but that it was a qualified privilege.

According to court records in the wrongful death case, this all started with the 2010 automobile crash death of a woman in Calhoun County, S.C. The personal representative of her estate filed a survival and wrongful death lawsuit against the manufacturer of an allegedly defective tire, asserting claims under state law for negligence, strict liability and breach of warranty. He alleged the vehicle in which decedent was riding was struck head-on by another car that had crossed the median after suffering a tire blowout caused by a defect in the tire itself, which was designed, manufactured and marketed by defendant. Continue reading