I’m going to say something right off the bat that I know won’t win me brownie points with Florida motorcyclists: You should all start wearing motorcycle helmets. Before you scroll away, hear me out. This is not me getting preachy about the risks. You already know them. And it’s not that Florida’s motorcycle helmet law has changed. You still don’t legally have to wear one (assuming over 21 and have sufficient insurance, in accordance with F.S. 316.211). This is about a recent state law change that will significantly impact the amount of damages you can collect if you’re injured in a crash while ..read more

There are a number of situations where employers in Florida can be held legally responsible for the damage caused by negligent employees – even if the employer didn’t directly cause the damage. This is what is referred to in civil injury law under the concepts of  “vicarious liability” and “respondeat superior”. Essentially, it’s an imputed liability for the actions of a subordinate third party, typically an employee or child. It usually comes down to the level of control the supervisory party has over the negligent party. Vicarious liability comes up a fair amount in Fort Myers car accid ..read more

Medical bills are one of the central claims filed in virtually any Fort Myers personal injury lawsuit. But if you don’t have health insurance (or enough health insurance) while your personal injury claim is pending, you could well find yourself with something called a hospital lien. As our Southwest Florida personal injury lawyers can explain, a hospital lien – sometimes called a medical lien – is basically when a healthcare provider is granted payment rights for services rendered to a patient with a pending personal injury case. This seems fair enough: You get treatment at the hospital after ..read more

The plan was a sun-soaked, fun-filled getaway in sublime Southwest Florida. What happened was a Florida car accident. As longtime Fort Myers personal injury lawyers, we recognize there are unique concerns when visitors and vacationers from out-of-town are involved in a Florida crash. There are logistical challenges, often higher expenses, insurance questions, and uncertainty as to the full scope of your rights. It’s important for injured tourists and vacationers to seek legal advice and representation from a local injury attorney. While there are many factors that can play into the question of ..read more

Yes, a past injury or illness can absolutely impact a Florida personal injury claim. As our Naples car accident lawyer can explain, a preexisting condition complicates the claims process because the burden is on the plaintiff to prove the injury at issue was either caused or aggravated by the negligent act. For instance, if you’ve been seeing a chiropractor for years for back pain – and then are in a crash that you claim resulted in back injuries – it’s up to you to prove that your injuries are new or that old injury were exacerbated by the crash. To do all this effectively requires that you’r ..read more

It’s completely understandable – smart, actually – to be wary of signing any sort of a Florida personal injury settlement release form following a car accident. As our Cape Coral personal injury lawyers can explain, signing that release is typically required if you want to be paid the settlement amount. And settlements are how 95 percent of Florida injury lawsuits are resolved. But you absolutely should never rush into signing anything without having it first reviewed by a lawyer. This is especially true if the injuries you and/or your loved ones suffered were serious. Understand that insuranc ..read more

Once again, tort reform has made it tougher for victims of Florida car accidents to sue and collect fair damages for their losses. In order to get this passed the legislature has inaccurately pointed the finger at the allegation of frivolous Florida injury lawsuits and sky-high compensation payouts as the cause of high customer insurance premiums. Reality check: Insurers are doing just fine. They even contributed $7 plus million to Florida politicians last year. Furthermore, the amount of insurance premiums paid by customers has little to do with accident claim payouts. It has a lot more to do ..read more

Securing an insurance payout while recovering from Florida bicycle accident injuries isn’t always a simple matter. Whether it’s possible at all depends a lot on the underlying facts. But in many cases, you might have several insurance claim options. Our longtime local injury lawyers can help answer your questions about the types of crash coverage that might be available and how best to go about filing a claim. Florida’s Ongoing Struggle to Make Biking Safer A lot has changed in Florida in recent years. One of the things that hasn’t changed much (unfortunately) is the state’s position near the ..read more

A sidewalk stroll in the South Florida sunshine should be a safe way to spend an afternoon. Unfortunately, walking alongside, in, around, and across Florida roadways is quite dangerous – and it’s only gotten worse in recent years. According to a new report by the Governors’ Highway Safety Association, the rate of deadly Florida pedestrian accidents ranks No. 2 in the nation, rising by 31 percent between 2020 and 2021. Nationally, drivers struck and killed nearly 7,500 people last year. That’s about 20 pedestrian accident deaths every day – more in any single year for the past 40. Pedestrian de ..read more

No two crash claims are going to be exactly the same. And Florida motorcycle accident claims especially tend to be a bit more complicated than your “typical” crash case (to the extent such a thing exists). There are a few reasons for this, as our Fort Myers motorcycle accident lawyers will explain further down. Last year, in 2022, the Florida Department of Highway Safety & Motor Vehicles reported there were a total of 9,009 motorcycle crashes in the State of Florida. (Those are preliminary figures, which means they could ultimately increase.) Those collisions were associated with 7,765 inj ..read more