Florida Accident Lawyer Blog

Florida Court Discusses Statute of Limitations in Car Accident Lawsuits

Published on: March 30, 2021 | By Blakeley Law Firm, P.A.

It is not uncommon for people hurt in car crashes to file personal injury lawsuits asserting claims against the party responsible for the collision. It is critical that any claims for damages are filed within the applicable statute of limitations, but in cases in which accidents occur in states other than Florida, it is not always clear when the statute of limitations runs. In a recent Florida opinion, a court discussed what factors are considered in determining what statute of limitations applies in a case in which the accident happened in Georgia, but the plaintiffs filed their lawsuit in Florida. If you were injured in a car accident, you may be owed damages, and it is in your best interest to meet with a trusted Florida personal injury attorney to assess your options.

The Subject Accident

Allegedly, the plaintiff husband was injured in a car crash caused by the defendant. The accident happened in Georgia, but the plaintiff husband treated his injuries in Florida, where he resided. He and his wife ultimately filed a personal injury action in a Florida federal court, seeking damages for negligence and loss of consortium. The defendant, who was a resident of Michigan, moved to dismiss the plaintiffs’ claims, arguing that Georgia law applied and under the applicable statute of limitations, the plaintiffs’ claims were time barred.

Evaluating Which State’s Laws Apply

Ultimately, the court found that the Georgia statute of limitations applied to the plaintiff husband’s claims, but the Florida statute of limitations applied to the plaintiff wife’s claims. Thus, the plaintiff’s husband’s claims were dismissed, but the plaintiff wife was permitted to proceed. The court stated that in evaluating which state’s laws apply, a Florida federal court will employ the most significant relationship test. In other words, the court will assess which state has a more substantial relationship to the injury in question. In doing so, the court will examine numerous factors, including the applicable policies of the forum, the needs of the interstate system, uniformity of results, and justified expectations. Continue reading

Florida Court Discusses Underinsured Coverage in Multi-Car Collisions

Published on: March 19, 2021 | By Blakeley Law Firm, P.A.

It is not uncommon for a driver to set off a chain of events that leads to a series of collisions. When multiple crashes arise during a single incident, it may be disputed whether they constitute one or more accidents for purposes of determining insurance coverage. Recently, a Florida court issued an opinion discussing the issue of determining how many discrete events occurred in a case in which the plaintiff and her insurer disagreed regarding the extent of underinsured motorist coverage available. If you were hurt in an accident caused by a driver without insurance, you might be owed significant damages from your insurance company, and you should meet with a trusted Florida car accident attorney regarding your rights.

The Subject Collision

It is reported that that the plaintiff was traveling on a Florida highway when she was struck by a pickup truck that was traveling next to her. The truck driver drove away after the crash. The plaintiff was then hit by a driver without insurance. She subsequently filed a lawsuit seeking uninsured motorist benefits from her insurance company, alleging she was involved in two accidents. The insurance company disagreed that two accidents happened, asserting that the incident constituted a single occurrence. The case proceeded to trial, and the jury ultimately found that there was only one occurrence. The plaintiff then appealed.

Accidents in the Context of Underinsured Motorist Insurance

On appeal, the court noted that the term accident in the context of insurance has been subject to multiple interpretations when the policy does not provide a definition. Generally, cases that define the term accident focus on whether an insured is liable for the harm. They typically define occurrences as accidents, which include a repeated or continuous exposure to substantially the same general harmful conditions. Continue reading

Florida Court Vacates Damages Award in Case Arising Out of a Fatal Car Accident

Published on: March 14, 2021 | By Blakeley Law Firm, P.A.

Losing a loved one in a car accident can cause significant emotional and mental trauma. As such, surviving family members are often able to recover damages for their suffering and pain from the party responsible for the accident. Such compensation is calculated based on the life expectancy of the survivor, and if he or she dies prior to an award being issued, no damages will be awarded. This was demonstrated in a recent Florida opinion, in which the court reduced a $5,000,000 damages award to $0 due to the death of the surviving heir prior to the judgment being made final. If you lost a loved one in a fatal car crash, you have the right to pursue compensation, and it is advisable to speak to a skillful Florida car accident attorney to assess your options.

The Procedural History

It is reported that the decedent died in a collision on a road that was next to the defendant travel center. The decedent’s estate then filed a lawsuit against the defendant pursuant to Florida’s Wrongful Death Act. A jury found in favor of the estate and awarded the decedent’s sole survivor $5,000,000 in damages for mental suffering and pain. The defendant filed a motion for a new trial, but while that motion was pending, the surviving heir died. The court then denied the motion.

Allegedly, the defendant then moved for relief from the judgment, arguing that the damages should be reduced to $0 pursuant to Florida Statutes Section 768.24, which states that a survivor’s death prior to a final judgment must limit his or her recovery to lost services and support to the date of the survivor’s death. The court found that as the motion for a new trial was pending when the survivor died, the judgment was not yet final and granted the defendant’s motion. The estate then appealed. Continue reading

Florida Court Discusses Summary Judgment Standard in Truck Accident Case

Published on: March 1, 2021 | By Blakeley Law Firm, P.A.

Collisions involving trucks often cause fatal injuries, resulting in substantial emotional and economic losses. As such, it is not uncommon for a defendant in a lawsuit arising out of a truck accident to seek dismissal of the plaintiff’s claims via summary judgment. A defendant moving for dismissal faces a high burden of proof, however, and in most instances, summary judgment is not appropriate. The standard for granting summary judgment was the topic of a recent Florida opinion, in a case in which the defendant argued that video evidence thwarted the plaintiff’s claims. If you were hurt in a crash caused by a truck, you may be owed damages, and it is in your best interest to meet with a trusted Florida car accident attorney to determine your possible claims.

The Accident

It is alleged that the decedent’s car crashed into the back of a commercial truck operated by the defendant driver. The decedent suffered critical injuries in the accident and passed away shortly after. His estate filed a lawsuit against the defendant driver and his employer, alleging their negligence caused the decedent’s death. During discovery, a video was produced that refuted the plaintiff’s assertion that the defendant driver was operating the truck negligently. The defendant filed a motion for summary judgment relying on the video, which the court granted. The plaintiff appealed, and the appellate court reversed the trial court ruling. The defendants then appealed, and the question of whether the summary judgment standard should be modified in cases involving video evidence was certified to the Florida Supreme Court.

Grounds for Granting Summary Judgment in Florida

On appeal, the court noted the intermediate court stated it was compelled to reverse the trial court ruling based on the current summary judgment standard, which states that summary judgment is unwarranted if the evidence of record inspires the slightest doubt regarding whether a material issue of fact exists. Continue reading

Florida Court Discusses Discovery in Personal Injury Cases

Published on: February 26, 2021 | By Blakeley Law Firm, P.A.

People injured in car accidents often pursue compensation from the parties responsible for the crashes via civil lawsuits. Plaintiffs that argue defendants’ acts caused them to suffer physical harm place their health at issue, and therefore, information regarding their medical treatment is typically subject to discovery. There are some exceptions, though, such as in cases involving a medical provider’s trade secrets or propriety information, as demonstrated in a recent Florida ruling in which the court denied the defendant’s request for certain information from the plaintiff’s treatment provider. If you were injured in a collision, you might be owed damages, and it is smart to speak to a knowledgeable Florida car accident attorney to assess what evidence you must produce to prove liability.

The History of the Case

Reportedly, the plaintiff was involved in a car accident with the defendant. The plaintiff sustained back injuries in the accident, after which she sought treatment from a provider that specialized in spinal care. She then filed a lawsuit against the defendant, alleging his negligent driving caused the accident and her subsequent harm. The defendant conceded he was liable but disputed the extent of the plaintiff’s damages.

Allegedly, during the discovery process, the defendant sought records from the plaintiff’s treatment provider. The provider filed a motion for a protective order, arguing that the information sought was protected from disclosure as it constituted trade secrets and proprietary information. The trial court ordered the provider to produce certain documents, and the provider appealed. Continue reading

Florida Court Discusses Evidence of Intoxication in Car Accident Cases

Published on: February 17, 2021 | By Blakeley Law Firm, P.A.

Generally, people who drive while intoxicated and cause accidents can be held liable for any injuries suffered by other people involved in the collision. Typically, evidence of intoxication is relevant and admissible in a lawsuit arising out of a crash, but there are some exceptions. For example, as explained in a recent Florida ruling, in cases in which a defendant admits liability and that punitive damages are warranted, such evidence should be precluded. If you were hurt in an accident caused by a drunk driver, it is advisable to meet with a trusted Florida car accident attorney to determine what damages you may be owed.

History of the Case

It is reported that the plaintiff suffered injuries in a rear-end car accident caused by the defendant. The defendant was intoxicated at the time of the crash. The plaintiff filed a lawsuit against the defendant, seeking compensatory and punitive damages due to the defendant’s intoxication. The defendant conceded liability and admitted that if the plaintiff was awarded compensatory damages, he would be owed punitive damages as well, and asked the court to bifurcate the trial and exclude evidence of his intoxication during the compensatory phase.

Allegedly, the court bifurcated the trial but permitted the plaintiff to admit evidence of the defendant’s intoxication during the first phase. The jury found in favor of the plaintiff, awarding him over $2.5 million. The defendant appealed, arguing in part that the trial court erred in permitting the plaintiff to introduce evidence of the defendant’s intoxication, despite the defendant’s admission of liability and concession to punitive damages. Continue reading

Florida Court Upholds a Plaintiff’s Right to Depose a Defendant in a Car Accident Case

Published on: February 10, 2021 | By Blakeley Law Firm, P.A.

People who suffer the loss of a loved one due to a fatal car accident will often choose to pursue damages from the driver that caused the accident. The defendant driver’s testimony is often key to establishing liability, as in many instances, there are no other witnesses who can describe what transpired. Thus, the courts will generally uphold the right of a plaintiff to depose the defendant in a car accident case, as explained in a recent Florida opinion. If you lost a loved one in a fatal collision, it is prudent to speak to a trusted Florida car accident attorney to discuss your options.

The Procedural History

It is alleged that the defendant driver, who worked for the defendant college, was driving the student rowing team in a van when he made a left turn into oncoming traffic. A car driven by the plaintiff’s decedent struck the van. The decedent ultimately suffered deadly injuries. Several of the van’s passengers were fatally harmed as well. The plaintiff then filed a wrongful death lawsuit against the defendant.

Reportedly, the plaintiff filed a motion to compel the defendant driver to sit for a deposition. The defendant driver’s attorney filed a motion for a protective order, arguing that he suffered from extensive psychological and physical disabilities due to the accident and could not participate in his own defense or testify at a deposition. The plaintiff opposed the defendant driver’s motion, arguing that it was not justified and that if it was granted, it would significantly prejudice his rights. Continue reading

Florida Court Explains the Use of Hearsay Evidence in Trucking Accident Cases

Published on: February 3, 2021 | By Blakeley Law Firm, P.A.

Parties that cause fatal truck accidents will often refuse to concede their fault, and in many cases, they will attempt to blame the person that died for the collision. Although defendants in truck accident cases are permitted to argue the contributory negligence of the deceased person as a defense, they cannot rely on inadmissible evidence to support their position. In a recent Florida lawsuit, a court issued a ruling that discussed whether hearsay evidence is admissible to establish comparative fault. If you suffered the loss of a loved one due to a collision with a tractor-trailer, it is advisable to talk to a seasoned Florida truck accident attorney to assess your options.

The Fatal Accident

It is reported that the plaintiff’s husband was at work when he was struck and killed by a tractor-trailer owned by the defendant company and operated by the defendant driver. The plaintiff filed a wrongful death lawsuit against the defendants, alleging their negligence caused her husband’s death. During the trial, the defendants presented testimony from a police officer who stated that another officer advised him the plaintiff’s husband had an earbud in his ear when he was found at the scene of the accident. After the final judgment was rendered, the plaintiff appealed, arguing in part that the trial court erred in permitting the officer’s testimony because it constituted hearsay.

Admissibility of Hearsay Evidence in Trucking Accident Cases

Upon review, the appellate court noted that the officer was likely testifying as an expert at trial. Thus, the court analyzed the extent to which he was allowed to rely on inadmissible facts. The court explained that if the facts are of a nature that is reasonably reliable, they do not need to be admissible into evidence. Facts that are otherwise inadmissible, though, may not be disclosed to the jury by an expert witness unless the court finds that their probative value greatly outweighs the risk of their prejudicial impact. Continue reading

Florida Court Rules a Dangerous Product Did not Cause a Fatal Collision

Published on: January 27, 2021 | By Blakeley Law Firm, P.A.

Generally, when people are hurt in car accidents, the driver that caused the accident will be deemed liable for their injuries. In some instances, though, the manufacturer of a defective product that caused or contributed to the collision may be held accountable as well. There are limitations as to when a manufacturer will be held liable for harm caused by a dangerous product, however, as demonstrated in a recent Florida ruling in a case in which a fatal crash was caused by the defendant driver’s improper use of the product. If you lost a loved one due to a fatal collision, it is prudent to meet with a trusted Florida car accident attorney regarding your rights.

The Subject Accident

It is alleged that the defendant company sold a chemical known as potpourri, which came with a label that it was not intended for human consumption, as the product was highly dangerous if consumed. The defendant driver ignored the warning and consumed the product, after which he became impaired. He then drove his car on the highway at a high rate of speed and crashed into a car driven by the plaintiffs’ decedent, who died instantly.

Reportedly, the plaintiff filed a lawsuit against the defendant company, alleging their product suffered from a fatal defect that made it unreasonably unsafe and defective and that the defect caused the decedent’s death. During the trial, the defendant company moved for a directed verdict, but the motion was denied. A jury returned a verdict in favor of the plaintiff, and the defendant company appealed. Continue reading

Florida Court Discusses a Plaintiff’s Privacy Rights in a Car Accident Case

Published on: January 20, 2021 | By Blakeley Law Firm, P.A.

In lawsuits arising out of car accidents, it is not uncommon for a defendant to argue that a plaintiff suffered from a pre-existing condition and did not sustain actual harm in the collision. Thus, a defendant may seek medical records from a plaintiff that pre-date the crash. There are limits to what is discoverable, however, as discussed in a recent Florida ruling in which the court denied a motion to compel ten years of medical records in a car accident case on the grounds it violated the plaintiff’s right to privacy. If you were injured in a crash, it is advisable to consult a skillful Florida car accident attorney to discuss your options.

Background of the Case

It is reported that the plaintiff was injured in a car accident involving the defendant in 2014. She subsequently pursued negligence claims against the defendant in a lawsuit filed in 2018. Unfortunately, the plaintiff’s health declined, and in 2019 she was on hospice care and suffering from dementia and was unable to sit for a deposition. Thus, the defendant sought production of all of the plaintiff’s medical records for the past ten years. The plaintiff objected, arguing the request was overbroad and violated her constitutional right to privacy. Originally, the trial court sustained the objection, but it was later overruled, and the plaintiff was compelled to disclose the requested records. The plaintiff then petitioned the appellate court for certiorari.

The Right to Privacy in Personal Injury Cases

A petition for certiorari can only be granted if the person requesting it shows a departure from the essential requirements of the law, which will result in material harm for the rest of the case that cannot be repaired post-judgment. Upon review, the court noted that a patient’s medical records are entitled to confidential status pursuant to the right to privacy afforded by the Florida Constitution. As such, an order compelling production of medical records satisfies the element of irreparable harm. Continue reading