Published on:

The goal of any injury lawyer at trial is to win the case and obtain fair compensation for the client. Unfortunately, even the most skilled attorneys can’t promise they will win every case. Our Orlando injury lawyers strongly believe in our clients, and we will fight tenaciously for a favorable outcome. Part of doing that means preparing properly for an appeal – which actually starts even before the trial gets underway. It’s sort of like insurance: The hope is that you won’t need it, but if you do, you want to know it’s there. gavel

The reason this is important is that generally appellate courts will not take notice of issues and disputes that were not properly raised, challenged or preserved before the trial court.

There are many ways to do this. As The American Bar Association points out, preserving matters for appeal is usually an ongoing effort throughout trial. It involves:

  • Making sure the pre-trial record is clear and pretrial orders are carefully reviewed for error or oversight;
  • Making sure that the statements of fact are coherent, cohesive and interesting (because appellate courts will simply be reviewing the cold record of the case);
  • Making good objections to challenge to correct any misstatement of the court or defense counsel immediately;
  • Carefully reviewing/ requesting modifications to the jury charge;
  • Filing post-trial motions such as judgment notwithstanding verdict, request for a new trial, etc.

Continue reading →

Published on:

The brother of a Central Florida man killed in a DUI accident is suing two bars and their employees for serving alcohol to a man who was known to be habitually addicted – the same man who after leaving those establishments got behind a wheel drunk and killed his brother.drunk driving

The claim is based on Florida’s dram shop law, which is codified in F.S. 768.125. Florida’s dram shop liability law is less favorable to plaintiffs than statutes in other states, but it does allow compensation under a certain set of circumstances. Although there are some states in which bars, restaurants and other places that serve alcohol can be liable just for serving to someone who appears to be intoxicated, Florida only allows liability in DUI cases where:

  • The driver was served alcohol despite being under the age of 21;
  • The driver was known to be habitually addicted to alcohol.

Both scenarios of course assume that the injury or damage was caused by or resulted from the intoxication of such a minor or person.  Continue reading →

Published on:

Florida’s 3rd District Court of Appeal has reversed a lower court’s grant of summary judgment in favor of a school bus driver who, against district policy, advised students to cross a busy road in the dark before the bus arrived at their stop each morning. One of those students was struck by a car while crossing the street early one morning before school. school bus

According to court records in Davis v. Baez, plaintiff was an 18-year-old senior in high school in the Miami-Dade County school district. She was hit by a car while she was crossing from the west side of the street to get to the east side of the street, where her school bus stop was located. It was 5:50 a.m., so it was still dark, and the bus hadn’t yet arrived. Plaintiff suffered severe injuries as a result of the collision.

Her 16-year-old brother, who also waited at the stop with her, had already safely crossed by that point. But both children had previously been instructed by the school bus driver that they needed to cross the busy street – from the west side to the east side – to be waiting for him on the east side before he arrived. If they weren’t already on that side of the street when he pulled up, the driver told them, he would leave without them.  Continue reading →

Published on:

A Virginia mom of a 6-year-old girl is advocating for parents to make sure their child is properly buckled in a car seat or booster seat – every time. seat belt

The Today Show reports the girl had not been in a booster seat one day in September when her father, who had simply forgotten the booster seat that day, veered off the road and struck a tree. The girl had been sitting with the shoulder strap behind her upper body, and the lap belt ran across her stomach. When her father crashed, the force of the impact was so severe, the seat belt dug into her abdomen, shredding the muscle and fat underneath. It even cut through the left side of her body, causing several inches of her intestines to spill outside of her belly.

A pediatric surgeon who treated the girl told Today the seat belt in this scenario acts “almost like a knife.”  Continue reading →

Published on:

Recently, an appellate court in South Carolina ruled on a criminal appeal brought by a woman who was accused of causing a fatal car accident while intoxicated, based on toxicology reports that showed marijuana in her system, as well as cold and cough medicines. prescriptions

In the case of Kranchick v. State, defendant was challenging the expertise of the state’s primary witness, who asserted that while the marijuana in her system could have been consumed up to 24 hours previously if she was a regular user, the amounts of cold and cough medicines in her blood indicated she was not using them for therapeutic purposes. Initially, the trial court granted her request for post-conviction relief on this point, but the appellate court reversed and reinstated defendant’s original conviction and sentence – which was for 13 years in prison.

But the case raises the larger question of how much cold medicine is too much? Can driving with a cold really be as dangerous as driving drunk? What does that mean in terms of liability?  Continue reading →

Published on:

The Utah Supreme Court has affirmed the right of an individual to act as both plaintiff and defendant in a wrongful death lawsuit stemming from a fatal car accident in which they were both the negligent driver and the person who suffered the loss of a wrongful death. gavel

The unusual case of Bagley v. Bagley has garnered international headlines, and will now proceed to trial after the state supreme court affirmed the decision of the appellate court to reverse the trial court’s dismissal of the claim. The trial court had reasoned a person can’t be both plaintiff and defendant. But the higher courts rule it is possible when we’re talking about a person who, in the plaintiff capacity, is acting as personal representative of the estate of the decedent. So in effect, they are not suing themselves for the personal injury they have personally inflicted, but rather, the wrongful death that their loved one suffered.

We don’t expect to see a glut of these kinds of cases anytime soon, but it could open the doors for some families to recover damages from insurance where they otherwise might not have been able to do so.  Continue reading →

Published on:

While uninsured/ underinsured motorist benefits are essential for any driver, these benefits have some limitations that you should understand. Specifically, F.S. 627.727(7) limits UM/UIM coverage only to economic damages caused by car accident injuries. By this statute, legal liability of a UM/UIM insurer specifically by this statute does NOT include damages for pain and suffering, mental anguish or inconvenience UNLESS the injury is described as:

  • Significant/ permanent scarring/ disfigurement;
  • Permanent injury within a reasonable degree of medical probability;
  • Significant/permanent loss of important bodily functions;
  • Death.gavel

A recent bad faith insurance claim asked whether a UM/UIM insurance provider wrongly failed to settle a lawsuit with an insured for the $75,000 policy limits when it could have and should have done so. In order to answer this question, it was essential to determine whether plaintiff had proven she had suffered a permanent injury within the meaning of the state’s “permanency threshold” statute.  Continue reading →

Published on:

Early one morning in November 2014, a popular 17-year-old senior left her South Carolina home – and never returned. Her family didn’t know where she was headed at 6 a.m. on a Saturday, and they don’t know why she didn’t follow the highway’s sharp curve. What they can say with some certainty is that had a guardrail been positioned around that curve, she may not have careened off the road, down an embankment and head-on into a cluster of trees. guardrail

She died on the scene of blunt force trauma to her head. Her family has since filed a wrongful death lawsuit against the state’s Department of Transportation, alleging the agency was negligent in failing to erect a guardrail that could have saved her life.

Authorities with the state declined to comment on the pending lawsuit, which accuses officials with the agency of knowing a guardrail was needed, but failing to act. Coincidentally, the family’s lawsuit was filed the same week as National Teen Driver Safety Week.  Continue reading →

Published on:

The family of a 58-year-old grandmother who died in a crash last month has filed a civil injury lawsuit against the 40-year-old driver, a principle at a local high school. They are seeking justice in a case where it seems apparent the at-fault driver won’t face criminal charges for allegedly driving drunk. beer

The case is an odd one that started when a 5,000-pound truck fell from the sky and on top of the victim’s sport utility vehicle. The mother of four and grandmother of two was traveling home on the highway when the Ford F-150 truck crushed her SUV. The truck was driven by a 40-year-old high school principle. He reportedly struck an impact barrier with such force that it lifted the truck off the ground and made it go airborne, according to Fox News Latino. Defendant and his passengers walked away relatively unscathed with only minor lacerations and bruising.

Police did not charge defendant with DUI. He admitted to investigating officers he’d just left a local tavern, where he’d been with friends. He declined to undergo a breathalyzer test and he refused to undergo a sobriety test. However, at least two officers on scene said he didn’t appear to be drunk. Refusal to submit to a breathalyzer is illegal in Florida due to implied consent laws, but police can’t force anyone to breathe into a machine. Per a U.S. Supreme Court decision (Missouri v. McNeely), police would have to seek a warrant to conduct a blood draw, but they would need probable cause. A prosecutor called to assess the situation found there was not enough probable cause to ask a judge to force defendant to submit a drug sample.  Continue reading →

Published on:

A fatal car accident killed both their parents and their 90-year-old grandmother. Three of the four sisters had been in the car at the time of the collision, headed to a family reunion in Texas. They were seriously injured, but survived. carinterior

It wasn’t long after the crash that questions started to arise about what had happened and why. Specifically, what was going on with the airbags and why didn’t they deploy? As the Star-Telegram reports, the family was traveling in a Kia Sedona minivan. They were struck head-on by a Pontiac Bonneville when the driver crossed the center line while traveling on U.S. 67. The oldest sister was working and not traveling to the reunion with them that day.

Recovering from physical and emotional injuries, the sisters allege the local car dealership disconnected the fuse to the airbag system. In a lawsuit filed two years ago, the sisters say that when the dealership removed the cable from the deployment sensor, they also fraudulently replaced the seat sensor. The pre-owned vehicle dealership sold the deceased parents the van at one of its discount lots. Plaintiffs say the dealership employees’ actions caused the injuries and deaths in the crash. They do not allege defendants caused the crash, but rather that the injuries sustained were much more severe than they otherwise would have been.  Continue reading →

Contact Information