Handling Accident

When most people think of Florida, they imagine a tropical paradise. Soft, white sand in between your toes, the hot summer sun sinking behind crisp, blue waves, and an ice cold margarita melting in your hand. As residents, we know this scene to be a part of our reality. Florida’s natural beauty, including its extensive coastline, is just one reason why our state is now the 3rd most populous in the US. And that doesn't even take into account the “snowbirds." It's no wonder then that one of the best ways to appreciate that beauty of Florida is out on the water. Whether it’s by cruising around in a large catamaran or jumping wakes with a jetski, boating is about as Floridian as a glass of fresh-squeezed OJ. But just like the daily 3 PM thunderstorm, there can be some dark clouds on the horizon for boaters. Over half of all boating accidents are related to the use of drugs or alcohol. Although many of us know the criminal repercussions such a combination may bring, fewer Flor...

Parenting is difficult - especially when you have active little ones. Young children do not have the same fears or instincts as adults, and children may walk or run out onto a busy street without comprehending the danger. Typically, if a pedestrian suddenly enters the road in front of another car and the driver does not have sufficient time to react, the driver is not liable for the pedestrian’s injuries either because the pedestrian assumed the risk of his or her behavior or because the pedestrian was the sole negligent party. But what happens if the pedestrian is a young child, or even an incompetent individual for that matter, who cannot comprehend the danger? Who is liable for the child’s injuries or the injuries the driver sustained in attempting to avoid the child? Parenting Laws and Responsibilities in Florida Under Florida law , a “caregiver” is defined as “a parent, adult household member, or other person responsible for a child’s welfare.” Ensuring that a child is well-cared...

This month’s blog is a follow up to our previous discussion of the Behr case, on what damages can be awarded to an injured party at trial. As readers may recall from last month’s blog post, the Behr case dealt with an alleged brain injury following a car accident. See the unpublished opinion from the Nevada Court of Appeals. Behr v. Diamond , No. 66612 (Nev. App., 2015).   The Behr court determined that a claim for future pain and suffering on subjective injuries must be supported by expert testimony. Expert testimony is needed to establish that "[F]uture pain and suffering is a probable consequence rather than a mere possibility." Lerner Shops of Nev., Inc. v. Marin , 83 Nev. 75, 79-80, 423 P.2d 398, 401 (1967).  A subjective disability was defined as one that was not visible to others. Common examples of subjective injuries were: headaches and low-back pain, as well as mental worry and distress. See Gutierrez v. Sutton Vending Serv., Inc., 80 Nev. 562, 566, 397 P....

Thanks to a Recent Decision by the Florida Supreme Court, a 15-Minute Call on Car Insurance May Not Cost You Thousands as the Court Ruled Against GEICO in GEICO v. Macedo Alysia Macedo brought a personal injury claim against Zackery Lombardo after they were involved in a car wreck, for which Lombardo was at-fault. GEICO provided Mr. Lombardo with $100,000 in liability coverage for the loss. Before the case went to trial, Macedo and her attorneys offered to end the case if Lombardo and GEICO would agree to a $50,000 settlement. They refused. Like most automobile insurance policies, GEICO had sole authority to decide whether to settle the claim or to allow a lawsuit to be filed. GEICO chose not to settle and allowed the lawsuit to move forward. This sole discretion to chose, of course, extended to Ms. Macedo’s personal injury claim against Mr. Lombardo.  Even though GEICO could have settled the claim for $50,000, GEICO chose not to settle and instead go to trial. They lost the case....

Recently, I was on a family vacation in the Rocky Mountains. As our flight had arrived late, and the lodge at which my family and I was staying was several hours from the airport, I ended up driving up the mountain under the cover of darkness. As my children snored in their car seats, and my wife rested her eyes, I couldn’t help but feel tired myself. I had plenty of rest the night before and had even slept on the plane, and yet, I was fighting heavy eyelids. Eventually, we arrived safely at our destination, but it was certainly a scary ordeal: driving in an unfamiliar area on dangerous terrain, in a situation (driving up and down a mountain) in which I’d never found myself before. It was after my family and I returned from our trip that I did some research on the topic of drowsy driving. According to the Center for Disease Control , “an estimated 1 in 25 adult drivers report having fallen asleep while driving in the previous days(1 ). Further, according to several studies, conducted b...

Motorcycle riders face higher risks of injury – and greater severity of their injuries – than do drivers of passenger vehicles involved in the same accident. This is because motorcycles offer less protection to a rider that an enclosed vehicle does. Motorcyclists must be vigilant in using safety equipment and practicing safe driving habits. But neither of these can prevent accidents from happening. To ensure that you are fairly compensated for any injuries sustained in a motorcycle accident, it is important that you have experienced legal representation while negotiating and litigating your personal injury claim. Trust the experienced attorneys at the Dolman Law Group to protect your legal right to be compensated for your injuries. Our lawyers have decades of experience in protecting the rights of accident victims across southern Florida. Our personalized service and vigorous defense of your right to recovery will ensure a just outcome for personal injury claims from all kinds of mot...