Personal Injury and Medical Malpractice Blog

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Clarity On Florida’s “Reckless Disregard” Standard

Clarity On Florida’s “Reckless Disregard” Standard

Medical Malpractice

In the case of Cantore v. West Boca Medical Center, Inc., Case Number SC15-1926, the Florida Supreme Court released a corrected opinion on April 26, 2018 providing clarity on when the “reckless disregard” standard applies in medical malpractice cases involving the...

2016 Highway Deaths Greater Than in Years Past

2016 Highway Deaths Greater Than in Years Past

Personal Injury

The National Safety Council (NSC) reports that a total of 19,100 deaths occurred on U.S. highways in the first six months of 2016 representing an overall increase of 18% from 2015. Nationwide, the estimated annual mileage death rate was 1.3 deaths per 100 million vehicle miles...

National Medical Malpractice Statistics

National Medical Malpractice Statistics

Medical Malpractice

Florida ranks fifth among states in the total amount paid for medical malpractice claims in 2012. The total payouts for the top five states are listed below: New York $763,088,250 Pennsylvania $316,167,500 California $222,926,200 New Jersey $206,668,250 Florida $203,671,100 Most...

Peloton Beta Testing Semi-Autonomous Tractor-Trailers

Peloton Beta Testing Semi-Autonomous Tractor-Trailers

Truck Accidents

Peloton announced that it is beta testing semi-autonomous tractor-trailer technology. This technology allows a caravan of semi-trucks to travel in close proximity to one another and to function like a single vehicle as it moves down the highway. For instance, when the lead vehicle...

Insurance Company Duty to Initiate Settlement

Insurance Company Duty to Initiate Settlement

Insurance Bad Faith

In the case of Welford v. Liberty Insurance Corporation, No.: 3:15-cv-333/RV-CJK, 2016 WL 3360431 (N.D. Fla. June 2, 2016), the court considered the issue of whether an insurance company has an obligation to initiate settlement discussions or negotiations. In this case, a driver hit...

Florida’s Texting and Driving Law

Florida’s Texting and Driving Law

Car Accidents

National and insurance industry surveys often rank Florida as having a lot of bad drivers based upon statistics of the number of accidents involving fatalities and property damage. Some surveys use individuals’ responses to questions about driving habits while others use...

NHTSA Issues Call to Action on U.S. Highway Fatalities in 2015

NHTSA Issues Call to Action on U.S. Highway Fatalities in 2015

Car Accidents

In 2015, a total of 35,092 people lost their lives in traffic accidents. On August 29, 2016, the U.S. Department of Transportation’s National Highway Traffic Safety Administration made a press release calling for action to decrease the number of deaths on U.S. Highways. In...

Helicopter Accident Claims 3 Lives

Helicopter Accident Claims 3 Lives

Aviation Accident

A Sikorski S-61 helicopter crashed in Brevard County, Florida near Freeburg Avenue SW in the area of Sapodilla Road SW and Wingham Drive SW in Palm Bay. A Sikorsky S-61 is a old military style aircraft that is no longer in service. Witnesses say that the helicopter was flying low...

Nursing Home Resident Left in Hot Sun

Nursing Home Resident Left in Hot Sun

Nursing Home Abuse

Wilbert Henry Moten died as a result of cardiovascular disease with diabetes and environmental exposure as a contributing factor according to the medical examiner’s report. He was 65 years old at the time of his death. A investigation by police found that Moten’s death...

Lakeland School Bus Accident

Lakeland School Bus Accident

Sovereign Immunity

A school bus accident was reported in Lakeland, Florida. This accident happened at approximately 6:30 a.m. at the intersection of Galloway Road and Swindell Road. According to police, the school bus driver came to a stop at the stop sign before going through the intersection but did...

Bad Faith In Uninsured Motorist Cases

Bad Faith In Uninsured Motorist Cases

Insurance Bad Faith

Florida Supreme Court holds that a confession of judgment does not prevent a plaintiff from obtaining a trial on damages in Adrian Fridman v. Safeco Insurance Company of Illinois, Case No: SC13-1607 (February 25, 2016).  This puts an end to a practice discussed in GEICO v....

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