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Although most drivers do their best to drive carefully and safely to avoid accidents, automobile collisions are still unfortunately quite common. These accidents can cause incredibly costly injuries, and many times drivers rely on insurance companies to cover these costs. In Florida, drivers have the option to buy uninsured motorist coverage from their insurance provider. This coverage specifically protects drivers if they get into an accident with an uninsured driver who, because of their lack of insurance, does not have the funds to cover the resulting injuries. This coverage is optional in Florida, but many drivers choose to purchase it to protect themselves and their loved ones in the case of an accident with an uninsured driver.

In a recent case, a Florida Appellate court considered whether or not an accident occurring in a mobile gym located in the back of a truck is covered under an auto insurance policy that includes this type of uninsured motorist coverage. According to the court’s written opinion, the client was injured when she was training in a mobile gym. The owners of the gym installed workout equipment in the back of a truck, which they would drive to various locations and then use in training sessions with clients while parked. The plaintiff was training in the gym when she suffered permanent injuries, allegedly from her trainer’s negligence. She brought suit against the trainer and the gym owners, and those suits were settled.

However, the plaintiff also brought suit against her insurance company, arguing that the mobile gym was an “uninsured auto” under her policy, which provided coverage for injuries caused by accidents with the owner or operator of “an uninsured auto arising out of the ownership, maintenance, or use of that auto.” Her insurance company filed for summary judgment, which was granted in the lower court. The plaintiff then appealed.

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For many families, childbirth is a joyous occasion filled with excited anticipation of finally meeting their new child. However, in too many cases, the negligence of a medical provider can turn these joyous occasions into devastation. Negligent Florida medical providers may be liable for the injuries caused by their conduct. Data indicate that almost 30,000 babies are born each year with a birth injury. Additionally, many people are not aware that Florida ranks in the top five states with the highest rates of medical malpractice cases.

Birth injuries can affect both mothers and children, and they often result from negligent actions by medical professionals. Many birth injuries occur because a medical professional fails to follow delivery room procedures, improperly monitors the mother or child, incorrectly doses the mother, improperly uses forceps during delivery, or delays a necessary cesarean section procedure. These actions often cause spinal cord injuries, paralysis, brain damage, or cerebral palsy. Families who want to seek compensation for these complications must be aware of the Florida statute of limitations to avoid dismissal.

Recently, a Florida appellate court issued an opinion stemming from a medical malpractice lawsuit based on a child’s birth injury. In that case, a new mother was told that her newborn needed to be hospitalized after birth because of an infection. After discharge, the woman began to see signs of developmental delays. For over a year, the woman sought medical opinions regarding her child’s condition, but she was largely dismissed by medical providers. Finally, the woman requested the hospital’s medical records, and a specialist indicated that her child likely had spastic cerebral palsy, which often occurs because of a lack of oxygen during delivery. The woman filed a lawsuit against the hospital, and the hospital moved to dismiss the case based on the statute of limitations.

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Florida patients rely on safe, accurate, and prompt laboratory results when they obtain treatment or preventative care for a medical condition. When a laboratory error occurs during the administration or interpretation of lab results, Florida patients may suffer long-lasting and severe injuries. The hospitals and laboratories responsible for these errors may face liability for the injuries through a medical malpractice lawsuit.

Florida patients who suffer harm because of a laboratory error may bring various types of claims against multiple parties. Responsible parties may include the person who obtained the lab sample or conducted the test, the medical professional who read and communicated the results, and any manufacturers that designed faulty testing equipment.

Medical technicians, phlebotomists, radiologists, nurses, physicians, and other professionals involved in the chain of laboratory testing may be liable for laboratory errors. Hospitals and medical facilities are responsible for ensuring that their personnel have adequate training in the job that they are hired to do. This includes making sure that staff know how to safely obtain results, run samples, and interpret the results. Injuries can arise when a medical professional unsafely takes a blood sample, waits too long to run a sample, tests for incorrect conditions, or inaccurately reports the findings.

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Losing a loved one in a Florida car accident is never easy, but it can be especially difficult when the accident could have easily been prevented. This is particularly true for victims of drunk or otherwise intoxicated driving. Although it is against the law to drive while under the influence of alcohol or other drugs, intoxicated driving remains one of the leading causes of Florida car accidents.

Earlier this month, a tragic car accident in Key Biscayne killed one and injured another, and law enforcement officers believe that the at-fault driver had been drunk while on the road. According to a local news report covering the accident, the at-fault driver was driving on the Rickenbacker Causeway when she rear-ended another car. As a result, this second car went over the median, rolled several times, and slammed into a chain-link fence. The occupants, a husband and wife, were seriously harmed. Both were taken immediately to the nearest hospital, where the wife, who had been driving when the tragic accident occurred, died from her injuries.

The at-fault driver failed multiple sobriety tests at the scene of the crash. When, three hours after the crash, she took a Breathalyzer test, it indicated that she had been driving with twice the legal limit of alcohol in her system. As a result, she has been charged with driving under the influence, vehicular homicide, and DUI manslaughter. These charges could come with fines and jail time.

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Earlier this month, a state appellate court issued a written opinion in a Florida car accident case, centered around an insurance dispute. Technically, the case was between two insurance companies, however, the issue before the court is relevant to accident victims. Specifically, the case required the court determine if the accident victim was covered under his parents’ underinsured/uninsured motorist (UIM) protection policy.

According to the court’s opinion, a young man was injured in a Florida car accident. At the time of the crash, the man lived with his mother and step-father, who had an insurance policy with Owners Insurance Company. The Owners policy provided coverage to resident relatives who did not own their own automobile.

Another insurance company, Allstate, sought a declaratory judgment clarifying that the young man was covered under the Owners policy. Allstate hoped to establish that Owners provided coverage so that an unrelated Allstate policy would not be involved in the claim. The trial court agreed with Allstate, holding that the young man was covered under his parents’ policy.

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Recently, a Florida appellate court issued an opinion stemming from a wrongful death lawsuit against a power company. The lawsuit arose after the tragic death of a teenager who was climbing bamboo in a neighbor’s backyard. The bamboo stalk bent over into a power line, causing the young man’s electrocution and death. His mother filed a wrongful death lawsuit against the power company that owned and monitored the power line. The woman alleged that her son’s death was the result of the company’s negligence. She claimed that the company created a dangerous hazard because it knew of the fast-growing bamboo near the power line and failed to clear it. The trial jury awarded the woman $12.5 million in non-economic damages and $15 million in punitive damages. The power company appealed the damages award.

Florida injury victims are entitled to compensation if they suffer injuries because of another’s negligence. There are two main types of damages that Florida plaintiffs may claim in their lawsuit, compensatory and punitive. Compensatory damages include economic and non-economic damages.

Economic damages are tangible monetary losses that a plaintiff or their representative has incurred or may face in the future. Typically, these damages are easy to prove because they include quantifiable losses, including medical bills, lost wages, and property damage. Unlike economic damages, non-economic damages are intangible losses that a Florida injury victim or their family suffered because of the other party’s negligence. Non-economic damages are losses such as pain and suffering, loss of enjoyment of life, emotional distress, and loss of consortium. Although most states have various damage caps on negligence lawsuits, there is no cap on economic or non-economic damages in Florida.

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Recently, the District Court of Appeals in Florida issued an opinion stemming from a personal injury lawsuit filed by a construction worker after he sustained injuries climbing an attic ladder. The plaintiff filed a lawsuit against a residential development company after a ladder he was climbing to repair a leak collapsed. The plaintiff appealed the trial court’s ruling, which granted the defendant’s motion for summary judgment based on the ten-year statute of repose.

In Florida, injury victims are entitled to file personal injury lawsuits based on construction defects. Victims who suffered injuries because of these defects can try to recover damages from contractors, owners, builders, and developers. However, there are specific procedural requirements that injury victims should comply with to ensure that their lawsuit can proceed.

Plaintiffs must file lawsuits based on negligent construction, improvement, or design within four years of either the completion of the property or discovery of a hidden defect. Moreover, Florida’s statute of repose provides that plaintiffs must commence lawsuits based on latent defects within ten-years of a specific event. Plaintiffs can face challenges with these types of Florida accidents because the statue of repose may bar a lawsuit before the plaintiff even becomes aware of the issue.

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In addition to the physical evidence presented at a trial, the outcome of a Florida personal injury lawsuit often hinges on the testimony of the plaintiff, eyewitnesses, and expert witnesses. An expert witness is a professional who can testify and provide an opinion on a specific issue during a lawsuit. In Florida, witnesses must have specialized training, education, and experience before they can be qualified as an expert.

In many Florida motor vehicle accidents, expert witnesses may be medical professionals, accident re-constructionists, or engineers that can reliably opine on an issue in the case. Expert witnesses are crucial when no witnesses were at the scene, or there is conflicting information regarding the severity of a party’s injuries. Experts can provide the trier of fact with insight and provide conclusions regarding an accident.

For many years Florida relied on the standard provided in Daubert v. Merrell Dow Pharmaceuticals. In Daubert, the Supreme Court ruled that judges are the gatekeepers when determining whether a professional meets the criteria to be an expert witness. However, more recently, Florida adopted the standard advanced in Frye v. United States.

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It is inevitable that self-driving cars will become more and more popular as time goes on. With this increase will also come an increase in accidents. If you or someone close to you has been injured in a self-driving vehicle or believe that autopilot played a role in your accident, you need to reach out to a skilled Miami car crash attorney without delay. At the Law Offices of Robert Dixon, we can assess the merits of your case and provide you with an honest assessment of your claim.

Earlier this month, a Tesla in California hit a highway barrier and caught fire, causing hours of closed highway lanes as firefighters tried to ascertain whether it was safe to move the automobile and its damaged lithium-ion battery packs. The driver was killed, and the automobile was badly burned.

The United States National Transportation Safety Board (NTSB) will investigate the post-collision fire and the measures that are needed to make the vehicle safe to remove from the accident scene. At this time, it is unclear whether the Tesla’s partly autonomous driving system, known as Autopilot, was involved at the time of the crash.

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If you have been injured in an accident, the last thing you want to worry about is evidence not being preserved properly. At the Law Offices of Robert Dixon, our highly reputable Miami injury attorneys understand the specific laws surrounding preservation of evidence in Florida personal injury cases and will make sure that your rights are protected. Personal injury cases are complicated, which is why it is imperative that you work with an attorney who understands this area of law.

A very important aspect of any Florida personal injury claim is the pre-trial discovery phase. During this process, parties can ask for relevant information from the other side. If the court approves a request for discovery, it will order that the evidence is shared with the opposing party. Preserving all relevant evidence, even if it is unfavorable to you, is critical.

The Florida Supreme Court has held that all parties have a duty to preserve evidence as soon as litigation is “reasonably anticipated.” Therefore, the duty to preserve evidence may kick in prior to a lawsuit is even filed. In all Florida personal injury cases, the plaintiff bears the burden of proving each and every element of the personal injury claim by a preponderance of the evidence.  As such, failing to preserve evidence can seriously jeopardize a plaintiff’s ability to effectively prove his or her case.

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