Recent News

In May 2021, the Florida Legislature passed a bill which would have repealed the existing motor vehicle insurance law by eliminating Personal Injury Protection ("PIP") coverage and made Bodily Injury ("BI")  liability coverage mandatory. Under the new law, drivers would have been required to purc...

Only days ago I posted a blog detailing the changes in Florida's motor vehicle insurance law which would go into effect on January 1, 2022 as a result of the Florida Legislature's passage of SB 54 in April 2021. All that was left to do was to obtain Gov. DeSantis' signature on the bottom line. We...

       The 2021 Florida legislative session will be known as having accomplished a long-standing goal of the automobile insurance industry - repeal of Florida's PIP law which had been under attack for years - and undoubtedly the subject of conversations between Florida legislators and well-financ...

       Contrary to both urban legend and the actual laws of 14 states, under Florida law, dog owners do not get "one free bite" before they can be held liable for damages caused as a result of their dog biting another person. Florida Statute 767.04 states that " the owner of any dog that bites an...

       The Florida Supreme Court has agreed to consider the case of DZE Corporation v. Vickers, in which the manufacturer of "spice" was sued as a result of a purchaser causing a fatal accident while under the influence of its product, which is known to be abused for its marijuana-like effects. F...

       In the majority of my personal injury cases, my clients have sustained an injury to their neck and/or back from a traumatic incident, whether a fall, a motor vehicle accident or other unexpected violent occurrence. Often times, my client has had no prior neck or back pain and are suddenly ...

       Like the Jetsons' microwave oven and wristwatch sized TV screens first seen worn by Dick Tracy, "autonomous" or self-driving cars appear ready to make the leap from  science-fiction to everyday reality. However, while the technology has been pushed hard by the automotive industry, both wel...

Apart from rare cases like the massive, multiple car pileup which recently occurred near Dallas, most auto accident cases involve two or possibly three vehicles at most where the major focus is on quantifying the extent of the injuries and determining which driver was at fault. But what happens w...

       There are few better feelings in my personal injury practice than when I have reached a settlement (or obtained a jury verdict) for one of my clients. In many cases it has been a year or more since the date of the injury - a delay caused by continuing medical treatment, the discovery proce...

A number of years ago I attended the deposition of a client who had been injured in a motor vehicle accident in which she had sustained neck injuries. While she did not require surgery, her injuries were documented by MRI testing and as a result she had received various treatments for her continu...

We have all been bombarded with cute and clever TV advertising promoting various insurance companies. From cute geckos and "Limu Emu", to scary cavemen and obnoxious "Flo", the message is the same: insurance companies are here to help us in our time of need. Most times that is true. But what happ...

When I first meet with clients who have sustained an injury, whether the result of a motor vehicle accident, a fall or a physical attack, while they may have received treatment at a hospital ER or a primary care physician, it is not uncommon for them to have no idea where to turn for follow-up tr...

In my practice I handle numerous types of negligence cases, but the largest number of cases involve injuries from motor vehicle accidents. As I discussed in previous blogs, my client's own automobile insurance coverage, or "PIP" is the first source of payment for medical treatment. More likely th...

Given the transient nature of Florida's population, it is not surprising that Florida residents are often involved in motor vehicle accidents with both out-of-state drivers and Florida residents who thereafter move to another state. When it comes time to file a lawsuit against them, the address t...

A number of years ago I was referred a client who told me how her husband died tragically as a result of an obvious medical error which occurred at a local hospital. She had two children, ages 21 and 23. I obtained treatment records, had them reviewed by a medical expert and verified that the ER ...

While many of us are making worthwhile New Years' resolutions such as working out more, doing more charity work or keeping in better touch with friends and family members, all of us should take the time to conduct a comprehensive evaluation of our existing insurance coverage. Most times, we are b...

        Florida's revised texting and driving statute has now been enforced for almost one year now. While statistics have not been released yet, (hopefully) a reduced number of distracted drivers on the roadway, traffic crashes and incidents involving pedestrians has also reflected a similar dow...

There are perhaps no easier accidents to avoid than those which result in a motor vehicle striking a pedestrian. Unfortunately, however, they are occurring at an increasingly alarming rate, both nationwide and here in Florida. The National Highway Traffic Safety Administration ("NHTSA") reported ...

Pursuant to Florida Statute Chapter 316.062, persons involved in motor vehicle accidents are required to provide their personal information (name, address, vehicle registration and drivers license) to both the other drivers involved in the crash and to the law enforcement officers investigating t...

Property owners, most often business owners, can be held liable for injuries to persons who lawfully come onto their premises and are injured by the unlawful acts of third parties. The major issue regarding liability is whether the danger which caused the injury was foreseeable. As an example, a ...

Recently I was preparing a settlement demand for a client who was involved in a high-speed, rollover motor vehicle crash. Not unexpectedly, his subsequent cervical MRI revealed a traumatic disc herniation. I noted however that the radiologist's report also mentioned a "cerebellar tonsillar ectopi...

The use of "Letters of Protection" has become the norm in most personal injury cases. They can provide immediate care and treatment for those injured in accidents, however must be employed with care, as they have now become twisted by insurance company attorneys to attack the credibility of one's...

"Full Coverage" is the response I often get from new clients when I ask them about their auto insurance coverage following an accident. This was a term which was probably given to them by an insurance agent at the time they purchased their policy, but in reality has no legal significance. Too oft...

Following an auto accident, the scene is usually flooded with police investigators, fire/rescue personnel, tow trucks and traffic control officers. As soon as the police complete their investigation and send the involved drivers on their way with a copy of their preliminary or "Exchange of Inform...

This month the growing phenomenon of "E-Scooters" will descend upon the streets of downtown St. Petersburg, Florida. According to regulations recently passed by the St. Petersburg City Council they will only be seen on the streets. In an effort to promote safety - and learning from the growing pa...