Changes to Florida’s tort laws in recent years have made it more difficult for the party at fault in an accident to successfully sue for crash-related injuries.

However, it would be wrong to assume you have no legal remedies or potential for an injury settlement unless you talk with a personal injury lawyer specializing in car accidents – especially if your injuries were serious enough to require hospitalization or time off work.

While the new comparative fault law certainly creates legal challenges, rarely are matters of personal injury entirely black-and-white.

According to studies by The Center for Internet and Society at Stanford Law School, the vast majority of Florida car accidents are caused by human error.

Common causes include inattention, speeding, failure to yield, intoxication, and more.

Many people view car accidents as situations where one person was at fault in an accident, and another was hurt because of it.  Sometimes that’s true, however, in many car accidents, more than one person can be the cause of the crash or the severity of injuries.

Some examples include situations where one driver may have been speeding, but the other wasn’t paying attention.  Or if a driver ran a red light, but the other wasn’t wearing a seat belt.

The question for insurers (and possibly the courts) then becomes, “To what extent is each person at fault in an accident – for the crash and resulting injuries?”

As Tampa Car Accident Lawyers, we often find many cases where the answers aren’t obvious.  Our injury attorneys are experienced enough to know what evidence is needed to make a compelling case to show that someone is still entitled to compensation, even for people who know they made some missteps.

Florida is a no-fault state when it comes to car accidents. If someone’s injuries aren’t major, damages will likely be covered by their own auto insurance through personal injury protection (PIP) and health insurance.

However, if the injuries are substantial enough to meet the serious injury threshold, as outlined in F.S. 627.737, accident victims can go beyond the no-fault system and file a claim for damages against the other at-fault driver.

A driver who is “at fault in an accident” is one who failed to exercise the reasonable care they should have when they assumed the privilege of driving. This is called negligence.

When a plaintiff (person who is filing the claim for monetary damages for a car accident) is partly at-fault, this is called “contributory negligence.”

Previously, Florida had a system of pure comparative fault. Under this system, you could be 99% at-fault and still succeed in suing the other driver for their 1% of fault (though in that case, you would only collect 1% of your total losses, so that wouldn’t be an ideal outcome).

Now, Florida follows a modified comparative fault system with a 51% bar. What that means is you can still successfully sue another driver who is at fault in an accident for financial damages, so long as your percentage of the blame doesn’t exceed half. So if you were partly at-fault in an accident, the most you could share fault and still collect would be 50%.

But who decides the difference between 48% fault and 52% fault? Either insurance companies or the courts – and it’s often not a clear line. This is why having a skilled Tampa car accident lawyer as an advocate is so essential. We help our clients craft a strong argument advocating for them to collect the compensation they deserve.

If you aren’t sure whether you have a case or who was more at-fault in an accident, there’s nothing to lose in reaching out to a personal injury attorney.  Our Florida injury attorneys offer free initial consultations with detailed case reviews. 

Our Personal Injury Lawyers work aggressively seeking compensation for damages and have recovered millions of dollars in settlements, even in situations where people thought they were at fault in an accident.

CALL US TODAY AT 813-489-3222, USE OUR CONTACT FORM, EMAIL OR TEXT US FOR A FREE CONSULTATION AND CASE EVALUATION.

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A class-action lawsuit was filed on behalf of sex crime victims on cruise ships on Tuesday, October 15th against Royal Caribbean and one of its former employees, room attendant Arvin Mirasol.

Mirasol admitted to installing cameras and recording passengers, including children, during previous cruises dating back to December 2023.  

At least 23 sex crime victims on cruise ships have been notified by police that they were recorded on a Royal Caribbean cruise, and they’ve hired lawyers.

The complaint defines the class as passengers aboard Symphony of the Seas between Dec. 1, 2023, and Feb. 26, 2024, who stayed in cabins serviced by Mirasol.

The lawsuit comes less than two months after Mirasol was sentenced in Fort Lauderdale federal court to 30 years in prison on a charge of producing child pornography.

Two additional Miami law firms say they expect to file civil lawsuits against the cruise company.  The lawsuits could reveal the number of sex crime victims on cruise ships is far greater than initially identified.  As more victims are discovered, it is likely that several more lawsuits may be brought against Royal Caribbean in the coming months.

Mirasol still faces charges in Florida state court of up to 15 counts of “video voyeurism.” A hearing in Broward Circuit Court set for Oct. 15 was canceled and has not yet been rescheduled.

In his plea agreement, Mirasol admitted he had been placing cameras in guest room bathrooms “since he started working on Symphony of the Seas around December 2023.”

That means he could have worked on 12 different cruises before the one where he was caught.  At this time, it is unknown how many people were sex crime victims on cruise ships Mirasol was working on.

This year, at least 16 crew members from several cruise giants have returned to South Florida ports on their ships only to get hauled away in handcuffs, according to Jim Walker, co-founder of the firm Walker & O’Neil Maritime Lawyers.  Almost all were charged with possession or transport of child pornography, a federal crime.

This comes as law enforcement agents are trying to slow the spread of images across the dark corners of the internet.

If you or someone you know may have become sex crime victims on cruise ships, it is important to speak with a lawyer right away.

Remember that every personal injury case is unique, and success depends on the specific circumstances surrounding the incident. Consulting with a qualified personal injury attorney is advisable to assess the strengths and weaknesses of your case and navigate the legal process effectively.

Our Personal Injury Lawyers work aggressively seeking compensation for damages and have recovered millions of dollars in settlements.

CALL US TODAY AT 813-489-3222, USE OUR CONTACT FORM, EMAIL OR TEXT US FOR A FREE CONSULTATION AND CASE EVALUATION.

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Back in March of 2023, as a result of Florida HB 837, the personal injury statute of limitations for claims based on the theory of negligence was changed from 4 years to 2 years.

As a result, beginning in 2024, the statute of limitations for any personal injury claims based on that theory of negligence is now just 2 years. 

Any accident that occurred after March 24, 2023 would be subject to this new 2-year statute of limitations.

Failing to file a claim within 2 years of the date of an accident or injury will prevent accident victims from receiving compensation.

Although most personal injury claims are based on the theory of negligence, some are not.

Negligence occurs when an individual, company, or other party acts or fails to act in a way that breaches the expected standard of care for the situation, causing damages.

Claims may also be based on strict liability, as we typically see in product liability claims, and they can also be based on whether or not there was intentional misconduct.

EXCEPTIONS TO THE NEW PERSONAL INJURY STATUTE OF LIMITATIONS:

A personal injury statute of limitations countdown may be put on hold for several reasons, including:

• If the case was affected by the rule of discovery, which often occurs in cases when a victim did not know they were injured right away.
• If the injured individual was a minor at the time of the accident.
• If the injured individual was incapacitated at the time of the accident.
• If the allegedly at-fault party left the state after the accident and before a claim could be filed.
• If the allegedly at-fault party took steps to prevent the claim from being filed by concealing themselves in some way.

If you are unsure whether your case qualifies under the new personal injury statute of limitations or under an exception, we encourage you to talk with one of our experienced injury lawyers right away. 

We can provide legal counsel relevant to whatever injury situation someone is in. We also help accident victims determine if they can recover compensation, discuss their options and potential outcomes with our free detailed case evaluation and consultation.

Fernandez Law Group’s team of Award Winning Tampa Personal Injury Lawyers work aggressively when seeking compensation for injuries and damages and have recovered millions of dollars in settlements for hundreds of clients all over Florida.

This law firm has established a solid reputation for earning the proper compensation our clients deserve, no matter how hard the fight.

Not all personal injury attorneys have our commitment to achieving full justice for their clients, nor do they have our trial experience and proven skills. We are committed to providing exceptional representation. – View our recent Feedback & Reviews

If you or a loved one has been seriously injured, do not try to handle a claim on your own or risk using an inexperienced lawyer.  

CALL US TODAY AT 813-489-3222, USE OUR CONTACT FORM, EMAIL OR TEXT US FOR A FREE CONSULTATION AND CASE EVALUATION.

NEWSLETTER: 8/8/24 – Florida personal injury statute of limitations is different in 2024

The post REMINDER: FLORIDA PERSONAL INJURY STATUTE OF LIMITATIONS IS DIFFERENT IN 2024 appeared first on The Fernandez Law Group.

Florida lawmakers modified the no-fault auto insurance law to cover school bus injuries under parents’ auto insurance back in 1997.

The goal of the modification was to provide a way for school kids injured in school bus accidents to have some of their medical bills covered by their parents’ auto insurance carrier.

Since then, there have been conflicting court decisions when insurance companies sue schools and districts for PIP claims reimbursement.

On July 3, 2024, the 4th District Court of Appeals ruled that school districts retain sovereign immunity from such suits, conflicting with a 2019 2nd District Court of Appeals decision.

The Florida Supreme Court will likely have to resolve this issue.

The 4th District got it right, said Robert Hauser, attorney for the Florida School Board’s Insurance Trust.  Hauser argued that the law intended to shift costs from schools to insurers. The unclear language of the law creates a necessity to obtain clarification by the court or legislature.

“Everyone knows why the 1997 law was written,” he said Monday. “It was to shift costs away from schools and to insurance companies.”

“That exclusion meant that injuries sustained on a bus by a public school pupil were subject to the Florida tort system rather than the No-Fault system, which was perceived to be more quick and efficient,” and “The goal of the legislative tweak was to shift payments for most injuries on school buses away from the school district’s liability insurance under the tort system and instead to parents’ private PIP insurance,” Hauser wrote.

Fernandez Law Group’s team of Award Winning Tampa Personal Injury Lawyers work aggressively when seeking compensation for injuries and damages and have recovered millions of dollars in settlements for hundreds of clients all over Florida.

Can insurance companies sue schools?

In Florida, insurance companies sue schools.  However, the context and specifics that determine whether or not they are legally able to depend on various factors. Here are some key points to consider:

1. Insurance Claims: If a school has an insurance policy, the insurance company may pay for damages resulting from a lawsuit against the school (e.g., for negligence) and might seek reimbursement from the school if they believe the school is liable.
2. Subrogation: Insurance companies often have the right to pursue subrogation, which means they can step into the shoes of the insured (in this case, the school) to recover costs paid for claims. This could happen if the school was negligent and the insurance company believes it should not have to cover the loss.
3. Liability Claims: Schools can be held liable for certain incidents, such as injuries that occur on school property. If the school is sued and the insurance company pays the claim, they may then choose to take action against the school depending on the policy terms and circumstances.
4. Sovereign Immunity: Florida has laws regarding sovereign immunity, which can limit lawsuits against public entities, including public schools. This means that claims against schools may be subject to caps on damages or may require specific procedures to pursue.
5. Private Schools: Different rules may apply to private schools, as they may not enjoy the same protections as public schools.

In summary, while insurance companies sue schools in Florida, the specifics depend on the nature of the claim, the type of school (public vs. private), and the insurance policy terms.

NEWSLETTER: 7/24/24 – Can insurance companies sue schools for PIP claim reimbursements?

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3 Reasons to add Uninsured/Underinsured Motorist (UM) Coverage to an auto insurance policy:

1. If involved in a car accident with someone who is uninsured or does not carry Bodily Injury (BI) coverage, your UM coverage will give you the ability to recover benefits such as future medical expenses, lost wages, and pain and suffering.
2. If involved in a “hit and run” accident, your UM coverage would act as the insurance for the negligent driver who hit you and you would have the ability to recover benefits such as future medical expenses, lost wages, and pain and suffering.
3. If involved in an accident with a driver that does not have enough Bodily Injury (BI) coverage to cover your personal injury and future medical expenses, lost wages, and pain and suffering, your UM coverage would provide additional benefits.

**CONTACT YOUR AUTO INSURANCE CARRIER IF YOU DON’T KNOW OR ARE UNSURE IF YOU HAVE UNINSURED/UNDER-INSURED MOTORIST (UM) COVERAGE ON YOUR POLICY.

Our Tampa Car Accident Lawyers are very experienced and fully prepared to litigate aggressively on your behalf. There are no up front fees or costs unless we win and our consultations are always free.

Call or Text us today at 813-489-3222 or contact us online for a free consultation and detailed case evaluation.

The post 3 Reasons to add Uninsured/Underinsured Motorist (UM) Coverage to an auto insurance policy: appeared first on The Fernandez Law Group.

Important Steps to take after a Personal Injury:

Important Steps to take after a personal injury – whether severe or disabling, include immediately contacting an experienced persoanl injury lawyer in order to help ensure the best possible outcome for injured victims seeking compensation for injury or damages.

• Get immediate medical attention after any injury
• Follow any and all orders from the medical professionals handling your injury
• Do not speak with any insurance claims adjusters without your lawyer, attorney, or legal counsel
• Do not speak with Law Enforcement without your lawyer, attorney, or legal counsel
• Do not sign any waiver after an accident or any injuries without your lawyer, attorney or legal counsel
• Do not accept any check or compensation without your lawyer, attorney or legal counsel

Anyone who has suffered an injury or any other severe or disabling injury should immediately contact an experienced personal injury lawyer.

We put multiple Tampa Personal Injury Attorneys on your case in order to give it the extra attention it deserves.

Call or Text us today at 813-489-3222 for a FREE Consultation and case evaluation.

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Why you need a Personal Injury Lawyer:

There are several reasons why you need a personal injury lawyer if you are involved in an accident involving injury. In situations that involve serious injuries that have damaged your health, someone who is a true expert on the subject and has a long track record of achieving successful outcomes will be well worth your investment.

1. Insurance Companies Do Not Have Your Best Interests at Heart:

Insurance companies are ultimately trying to protect their bottom line—not to compensate you fairly for injuries. Hiring an attorney can be the best way to ensure you have an advocate protecting your interests.

2. Statute of Limitations:

Statutes of limitation vary by location. If the process is not completed within a certain time frame, you will lose your rights in the state of Florida. An experienced auto accident attorney can properly identify which statute of limitations rule applies to your specific situation.

3. Filing Your Personal Injury Claim Entails Compliance With Strict Rules:

Dealing with the paperwork, rules, and regulations associated with filing a Florida personal injury claim is a complex task. An experienced personal injury attorney can guide you through the process required by your state to file.

4. Damages Due to Your Injuries May Be More Extensive Than You Think:

Florida laws define damages under several different categories like pain, mental duress, medical expenses and more. Without an experienced attorney who is aware of the laws in the jurisdiction of your accident, you may literally give money away.

5. Proving Your Case Is Complicated:

Filing your case is very complex. Proving your case, even more so. Having a legal professional experienced in ascertaining all of the factors is absolutely CRITICAL.

If you have suffered a personal injury due to an accident involving a boat, car, truck, motorcycle, large truck, 18-wheeler or negligence due to lack or security or premesis liability, you may be entitled to compensation for lost wages, medical expenses and more.

There are no costs or fees until we obtain a settlement for you.

Our Tampa Personal Injury Lawyers have experience in all types of personal injury claims and we work aggressively on your behalf to get you the best outcome for your situation.

Call or text us today at 813-489-3222 or contact us online for a free consultation and case evaluation.

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Important tips for accident victims:

There are many important tips for accident victims to remember anytime they are involved in a crash or accident involving injury.  Rather than go into details as to why they are important, we’ve provided a quick list of tips to follow.

• Seek Immediate Medical Attention
• Contact a Personal Injury Lawyer
• Call your Insurance Agent
• Keep everything related to the incident
• Take photo, video, & detailed notes
• List any potential witnesses
• Get a copy of the police report if one exists

If you have suffered a personal injury due to an accident involving a boat, car, truck, motorcycle, large truck, 18-wheeler or negligence due to lack or security or premesis liability, you may be entitled to compensation for lost wages, medical expenses and more.

There are no costs or fees until we obtain a settlement for you.

Our Tampa Lawyers have experience in all types of personal injury claims and we work aggressively on your behalf to get you the best outcome for your situation.

Call or text us today at 813-489-3222 or contact us online for a free consultation and case evaluation. 

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