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Comparative Negligence: Why Florida Personal Injury Law is Different

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If you or someone you know has been injured as the result of an accident in Florida, you may have important legal rights that can serve to compensate you for damages, particularly if another person’s negligence caused the injury. Any number of incidents can give rise to this type of claim at law: car accidents are common sources of personal injury cases, but other situations such as a motorcycle accident, a slip and fall accident, worker injuries and medical malpractice can also support personal injury cases.

Car accidents, among other incidents, fuel many Florida personal injury cases.
Two drivers await the police at the scene of a fender-bender car accident (image CC-BY-SA 2.0 user Torsodog via Wikimedia Commons).

[Read more…]

Effects of the New PIP Law in Florida

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Last year, changes to the personal injury protection (PIP) coverage contained within auto insurance policies went into effect in the state of Florida. The purpose of the changes is to curb fraudulent insurance claims, which cost the state almost $1 billion per year in increased premium rates. The revised legislation limits PIP policy claims that were not brought within 14 days of the accident. Now that one year has passed with the new law in effect, it is expected that auto insurance premiums in Florida should drop about 13 percent as a result of the decrease in fraudulent claims, as reported by the Digital Journal. [Read more…]

Intent Not Needed to Prove False Statement on Insurance Application

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In a recent Court decision from 2013, the First District Court of Appeals held that an insurance carrier did not have to prove that an insured’s false statement was intentional to be allowed to cancel the policy. The case involved the insured filing a claim with his insurance agency after a fire. The insurance company found out during the course of their investigation that one of the individuals named in the insurance policy lied on their insurance application when asked about prior convictions for a felony in the past 10 years. The person, in fact, had five felony convictions on their record in the last 10 years.

Appellate Court Decision

During her testimony at trial, the insured claimed that the false response to the inquiry on the insurance application was not intentional. While the insured won at the trial court level, the insurance company appealed and won a judgment in their favor from the First District Court of Appeals. The insurance company pointed to a relevant part of the insured’s policy that allowed for the policy to be void if an insured makes false statements. In this case, the insured argues that the insurance company had to show that the false statements were made intentionally with the purpose of deceiving the company in order for the claim to be successful and the policy voided. The District Court did not agree. [Read more…]

What Rises to the Level of Domestic Violence?

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Far too many families in Florida and throughout the country are affected by domestic violence. Recognizing the damage done by these crimes,  the justice system includes a variety of tools to both protect those harmed and punish residents who commit domestic violence. But not all disagreements between family members actually rise to the level of domestic violence as envisioned by the law. It is critical for residents who have questions about this issue to understand the basics of the applicable rules.

Florida Law

The Florida legislature defines “domestic violence” to be “any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member.”  When a Florida resident believes they were a victim of domestic violence, an injunction for protection can be sought. In these cases  a court orders an abuser to stay away from the harmed family member.  Importantly, the victim can be anyone in the household, as the provision is not limited solely to disputes between spouses. [Read more…]

2014: New Year, New Laws Taking Effect in Florida

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Florida has added over 200 new laws to their books in the last several months.  While some had gone into effect in the latter part of 2013, some will begin with the New Year in 2014.  Naples News reported on a number of the new laws, and the topics they cover range from sex trafficking to the state of Florida’s foster care program.  Notably, also included is an increase in the amount of Florida’s minimum wage from $7.79 per hour to $7.93, which is higher than the federal minimum wage at $7.25.

Some of the new laws taking effect in 2014 include:

  • Victims of human-trafficking can get criminal records expunged for crimes committed while they were being threatened, forced, or coerced. Typically the relevant charges would include prostitution. This measure accompanied a previous bill which made it illegal for certain massage businesses to operate between the hours of midnight and 5:00 a.m. [Read more…]

No Drug Testing for Welfare Applicants in Florida

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A federal judge in Orlando, Florida has declared that the state’s law requiring welfare applicants to undergo mandatory drug testing is unconstitutional, according to a recent article by the New York Times. It is expected that this ruling will serve as the groundwork for other similar cases popping up across the nation.

Is the Law Constitutional?

In her decision, Judge Mary S. Scriven stated that the mandatory drug screens violated the principle of constitutional protection against unreasonable government searches. Governor Rick Scott, a Republican, had a large part in the original legislation on the issue. The Judge reasoned that under no circumstances could it be constitutional to enforce the warrantless, suspicionless drug testing that the law makes mandatory. The Judge had previously imposed a temporary ban on the law, and made it permanent through the ruling. [Read more…]

No Charges Filed Against Florida State Quarterback

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Florida State Seminoles’ quarterback Jameis Winston made headlines last month, but this time it was not for his performance on the football field. Winston was involved in a criminal investigation since December 2012, in which he was accused of sexual battery.  Fortunately for the QB star, late last month he learned that he would not face charges as the result of a report of sexual battery against him.

As CBS Sports reported, State Attorney Willie Meggs stated in a news conference that after an investigation of the case and allegations against him, it was decided that no charges will be filed against Winston in connection with the matter. The Tallahassee Police Department and Florida Department of Law Enforcement conducted the investigation and released documents related to it after the news conference. According to the accuser’s statement, she remembered sharing numerous beverages with friends at a local restaurant, and did not remember how she ended up riding in a cab with Winston and other men, including other Florida State football players. She reported being assaulted in a residence matching the description of Winston’s, but she did not identify him as her attacker until January 2013 when she saw him in class. Winston was informed of the allegations against him, but the Tallahassee Police department then suspended the case because the victim stopped cooperating. [Read more…]

Police Procedure Violates Constitutional Rights

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The Miami Herald recently reported on a disturbing case involving law enforcement’s repeated run-ins with a particular man in Miami Gardens. Over the course of the last four years, Earl Sampson has been stopped and questioned by Miami Gardens police 258 times, searched 100 times, and arrested and taken to jail 56 times.  Considering these substantially numerous run-ins with the law, it is surprising that he has never been convicted of any crime besides simple possession of marijuana.  The offense he has repeatedly been arrested for? Trespassing at a convenience store.  Sampson works at the store as a clerk.

Samson is apparently just one of many other store employees and customers who are stopped and searched by police.  The majority of the suspects are low-income and African American.  The Owner of the store grew so desperate at the interaction that he decided to install surveillance cameras.  As a result, he has obtained more than two dozen videos since June of 2012 that depict some concerning conduct on the part of Miami Gardens police. [Read more…]

When are Warrantless Searches Allowed?

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The Fourth Amendment of the Constitution protects United States citizens against unreasonable searches and seizures by the government and requires all warrants to be supported by probable cause in order for them to be issued.  The protections of the Fourth Amendment are implicated where an individual has a reasonable expectation of privacy.  Although a warrant is required prior to conducting a search, there are some exceptions that allow law enforcement to conduct warrantless activity.

Generally, police are allowed to perform searches without a warrant when they were acting in exigent circumstances.  Exigent circumstances may exist where there is a risk of a suspect getting away, when police have reason to believe evidence will be destroyed, or where there is a risk of harm to the police or to the public.  If the police are acting under exigent circumstances, or if an individual does not have a reasonable expectation of privacy, a warrantless search will be allowed.  The following are some of the more common scenarios where law enforcement may conduct a search without a warrant:

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Zimmerman’s Latest and Stand Your Ground

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George Zimmerman continues to make headlines in Florida and across the nation.  According to a recent article published by Fox News, the Seminole County Sheriff’s office confirmed that George Zimmerman was arrested Monday, November 18th, when deputies responded to the report of a disturbance in Topfield Court near Apopka.  The incident involved Zimmerman and his new girlfriend, who is accusing him of domestic violence.  Zimmerman was booked at the John E. Polk Correctional Facility, but was later released.  The Judge presiding over the bail hearing made sure to warn Zimmerman to stay away from firearms.

Of course, Zimmerman’s notoriety stems from the shooting incident involving teenager Trayvon Martin in February 2012.  After going to trial on the case, Zimmerman was acquitted in July of all charges connected with the incident.  The case caused divided opinions across the nation as to Zimmerman’s guilt.  Since Martin was African-American and was unarmed at the time of the shooting, the issues of race and self-defense were at the forefront of debate. Zimmerman said he shot the 17-year-old in self-defense during a fight inside a gated community in Sanford, Florida.

[Read more…]

Locations

Dade County
909 N. Miami Bch Blvd., Ste 201
N. Miami Beach, FL - 33162
Phone: (305) 653-5555

Broward County
6750 North Andrews Ave., Ste 200
Fort Lauderdale, FL - 33309
Phone: (954) 958-0314
Monroe County #1
82681 Overseas Highway
Islamorada, FL - 33036
Phone: (800) 803-5555

Monroe County #2
422 Fleming St.
Key West, FL - 33040
Phone: (800) 803-5555

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