Handling Accident

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 See the unpublished opinion from the Nevada Court of Appeals.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...

According to the Center for Disease Control , Florida drivers report a higher rate of drunk driving than the national average, which is further exacerbated during summer holidays. Unfortunately, nearly 30 percent of all Florida motor vehicle-related fatalities are caused by drunk drivers , i.e., those driving with a blood alcohol level above 0.08. There are a plethora of Florida laws in place to both punish and help prevent drunk driving and DUI related injuries, but they seldom prevent holiday accidents . Florida DUI Laws Like many states, in Florida, it is illegal to operate a motor vehicle with a blood alcohol level above 0.08. It can be difficult, however, to gauge a person’s blood alcohol level after hours of extended Fourth of July celebrations with friends and family. For some, it takes their bodies longer to process and expel alcohol, and for others, they may simply lose track of how much alcohol they have consumed over the course of a long day. Many drunk drivers do not driv...

Did you know that, in Florida, a “ motor vehicle ” is defined as an automobile, motorcycle, truck, semi-truck, tractor-trailer or any vehicle used to transport persons or property in the state that is propelled by power? Although the majority of Florida car accidents involved two automobiles, Florida personal injury and motor vehicle laws cover more than simply car v. car accidents. Truck accidents, motorcycle accidents, and pedestrian knockdown accidents are also common occurrences in Florida, especially during tourist seasons. Florida Truck Accidents Because trucks, semi-trucks, and tractor-trailers are among the largest vehicles permitted on Florida roads, truck v. car or truck v. motorcycle accidents are among the most fatal in Florida. This is because trucks weigh 20-30 times more than traditional motor vehicles and have greater ground clearance. This means that smaller cars cannot only get caught under trucks but they will take the brunt impact of the force of the crash. Fur...