News & Analysis as of

Negligence Florida Bodily Injury

Searcy Denney Scarola Barnhart & Shipley

Traffic Accidents 101

Recovering after a traffic accident is a much more complicated process than most people understand. From determining whether your losses will exceed your PIP coverage to determining who was at fault in the collision, there...more

Searcy Denney Scarola Barnhart & Shipley

Rear-End Collisions: Why They’re Often Much Worse Than They Look

When people see a car flipped over in an accident, they often react with a shudder and assume it’s pretty serious. Similarly, if you consider what happens when two cars hit head-on, you might assume it would result in a...more

Marshall Dennehey

District Court of Appeals Tell Plaintiffs They ‘Can’t Have Their Cake and Eat It Too’

Marshall Dennehey on

Key Points: In Mickler v. Triplett, 397 So.3d 188 (Fla. 5th DCA Nov. 15, 2024), the Court of Appeal thwarted a new strategy from the plaintiffs’ bar to remove the causation question from the hands of the jury....more

Searcy Denney Scarola Barnhart & Shipley

Alligators, Sinkholes, and Other Unusual Florida Hazards That Can Cause Car Accidents

Drivers across the United States face a variety of risks on a daily basis. Unfortunately, Florida drivers face more risks than others. Florida has more fatal car accidents than almost any other state, with nearly 10 people...more

Searcy Denney Scarola Barnhart & Shipley

The Importance of Seeking Medical Attention After a Tallahassee Car Accident

Car accidents are an unfortunate reality on Tallahassee roads, with collisions occurring daily due to distracted driving, speeding, and other negligent behaviors. Whether an accident seems minor or severe, one of the most...more

Searcy Denney Scarola Barnhart & Shipley

Golf Carts and Car Accidents: Navigating Liability in Florida’s Retirement Communities

If you use a golf cart to get around your retirement community, you aren’t alone. Golf carts have been popular in retirement communities for decades, and they have become even more popular in recent years. If you’ve been...more

Searcy Denney Scarola Barnhart & Shipley

How to Handle Accidents Involving Uninsured or Underinsured Drivers in Florida

Accidents are stressful under any circumstances, but they can become even more complicated when they involve uninsured or underinsured drivers. In Florida, a state known for its high rate of uninsured motorists, understanding...more

Searcy Denney Scarola Barnhart & Shipley

Florida Wildlife and Road Safety: What to Do If an Animal Causes an Accident

Florida’s rich and diverse ecosystems are home to a wide range of wildlife, from deer and raccoons to alligators and bears. While this diversity is one of the state’s most cherished assets, it also poses a unique challenge...more

Searcy Denney Scarola Barnhart & Shipley

How Florida’s No-Fault Insurance System Affects Your Accident Claim

Florida’s “no-fault” insurance laws provide certain protections, but in the process, they create a lot of confusion. Even worse, the no-fault system can limit your ability to seek compensation after a car accident. To fully...more

Searcy Denney Scarola Barnhart & Shipley

The Top 10 Myths About Personal Injury Claims in Florida — Debunked

Personal injury claims are often misunderstood, and misinformation can prevent victims from pursuing the compensation they deserve. Whether you’ve been in a car accident, experienced a slip and fall, or suffered medical...more

Searcy Denney Scarola Barnhart & Shipley

How Fault Is Determined in Florida Auto Accident Cases

To seek full compensation for an auto accident in Florida, you need proof of fault. While personal injury protection (PIP) insurance provides “no fault” coverage, this coverage is limited, and it won’t nearly cover all of the...more

Searcy Denney Scarola Barnhart & Shipley

The Top Causes of Car Accidents in Florida and How To Avoid Them

Car accidents in Florida are more common than in other states. Our warm weather and reputation as a tourist destination result in high levels of traffic from residents and out-of-state visitors. Statistics for 2023 show that...more

Searcy Denney Scarola Barnhart & Shipley

What To Do If You’re Injured In A Public Place In Florida

Public spaces create community, but they also carry risks. While the expectation is that you will be safe and not exposed to undue risks, this is not always the case. For example, there has been much litigation involving...more

Butler Weihmuller Katz Craig LLP

One Or More Accidents Or Occurrences – That Is The Question – REDUX

Several years ago, I published a blog regarding the number of occurrences triggered under a liability policy for a motor vehicle accident in Florida. Other states also addressed this issue. Recently, the Federal District...more

Searcy Denney Scarola Barnhart & Shipley

How Florida's Comparative Fault Laws Impact Premises Liability Cases

Premises liability cases are often hotly contested. The Plaintiff will typically claim that the property owner or manager is entirely responsible for any slip and fall that occurs on their premises. The owner or manager, by...more

Searcy Denney Scarola Barnhart & Shipley

How to Prove Negligence in a Personal Injury Case in Florida

If you have been the victim of another’s negligence, you may be entitled to compensation. It is important to remember, however, that obtaining a settlement or a jury verdict will depend on your ability to prove that the other...more

Searcy Denney Scarola Barnhart & Shipley

Understanding Florida’s Comparative Fault Law and How It Affects Personal Injury Claims

Many personal injury cases do not involve situations where one party is entirely at fault. Many cases, instead, involve situations where both sides may bear some responsibility. This is why, like in many other states, a...more

Searcy Denney Scarola Barnhart & Shipley

The Role of Negligence in Car Accident Cases in Florida

Car accidents can change one’s life in an instant. Auto wrecks can result in serious injuries that involve brain trauma, paralysis, and even wrongful death. Fortunately, Florida law allows the victims of an accident to...more

Searcy Denney Scarola Barnhart & Shipley

The Different Types of Injuries Resulting from Car Accidents in Florida

Car accidents occur in varying degrees of severity. This is one of the reasons why there are many types of injuries that can stem from a wreck. Understanding the types of injuries that can occur, as well as how a victim’s...more

Fuerst Ittleman David & Joseph

Florida Nursing Home Negligence Update: Florida’s Fourth District Court of Appeal quashes denial of motion to dismiss nursing home...

On August 9, 2023, in Preston v. The Estate of Romanoff, No. 4D23-282 (Fla. 4th DCA August 9, 2023), Florida’s Fourth District Court of Appeal granted a petition for writ of certiorari and quashed the trial court’s order...more

Searcy Denney Scarola Barnhart & Shipley

Florida's Dog Bite Laws: Liability and Compensation for Victims

Dog bites can lead to serious injuries on the part of the victim. Such injuries can include scarring, nerve damage, the loss of limbs, and even wrongful death in some cases. Florida cases involving dog bites differ from other...more

Lowndes

Florida Tort Reform and Negligent Security Liability: New Requirements for Multifamily Property Owners

Lowndes on

Aimed at combatting lawsuit abuse, Florida’s recently passed tort reform bill (HB 837/SB 236) makes dramatic changes to the state’s justice system, including negligent security cases against owners and operators of...more

Butler Weihmuller Katz Craig LLP

Personal Injury Protection Coverage: A Thing Of The Past In Florida?

Personal Injury Protection (PIP) coverage was first enacted in Florida in 1971.  PIP is also known as no-fault insurance, and it allows drivers and passengers to obtain insurance benefits for medical treatment and wage loss,...more

Searcy Denney Scarola Barnhart & Shipley

Negligence vs. Intentional Act: What is Covered in a Personal Injury Lawsuit?

Intentional acts and negligent acts that cause injury, along with what is called “strict liability,” all belong to a category of law called “tort” law. Put simply, torts are wrongful acts that cause injury to another...more

Rumberger | Kirk

Nuts and Bolts of Florida’s Seatbelt Defense

Rumberger | Kirk on

Florida is a popular destination for vacations and second homes.  When a Canadian is involved in a car accident in Florida, blame can be placed on the other driver for failing to wear a seatbelt.  To prevail on the seatbelt...more

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