South Florida Personal Injury Lawyers Blog

Florida Arbitration Agreement Disputes in Personal Injury Cases

Published on: June 10, 2022 | by Friedman Rodman Frank & Estrada, P.A.

Mediation and arbitration are commonly used forms of alternative dispute resolution in Florida. While many use these terms interchangeably, there is a critical distinction between mediation and arbitration. During mediation, the mediator assists the parties in communicating to reach a mutually acceptable and voluntary agreement. In contrast, during arbitration, an arbitrator listens to the parties’ evidence and arguments before ultimately deciding the outcome of the dispute.

On its face, arbitration seems less adversarial and serious than formal legal proceedings; however, in reality, binding arbitration agreements can seriously affect a person’s compensation claims. A long history of case law indicates that Florida courts tend to favor arbitration agreements, even when the agreements are silent regarding the procedures to be followed. As such, it is crucial that those subject to arbitration agreements contact an attorney for representation.

For instance, a Florida appeals court recently reversed a trial court’s ruling and found that a valid agreement to arbitrate existed in a plaintiff’s claim that a massage therapist sexually assaulted her. The case arose when the woman visited a Florida Massage Envy. Following her appointment, the woman filed a multi-count complaint against several entities, including Massage Envy and her massage therapist. Massage Envy filed a motion to compel arbitration in response to the complaint. The trial court found in favor of the plaintiff and concluded that no valid agreement to arbitrate existed.

Understanding Florida Car Insurance Requirements and Fault Rules

Published on: May 31, 2022 | by Friedman Rodman Frank & Estrada, P.A.

Following a major car accident, it may be obvious who was at fault and who caused the accident. Sometimes, however, car accidents are not as clear cut. In accidents with complex timelines, multiple parties, and conflicting testimony from witnesses and those involved, it can often become messy very quickly to handle the details of who was at fault, for how much fault, and other important elements of the accident timeline.

According to a recent local news report, a major accident left nine individuals injured and one killed. Local authorities reported that a van carrying three adults and four children with special needs was traveling through an intersection when it crashed into the side of another vehicle going in another direction through the intersection. The initial accident caused three other vehicles nearby to be impacted also. Local fire rescue authorities reported nine people, including six children—four of which have special needs—injured. These injured individuals were transported to the hospital, with some of the adults being issued trauma alerts. A 36-year-old woman who was also a passenger in the van was pronounced dead on the scene. The accident remains under investigation by troopers.

Florida, like some other states around the country, is called a “no fault” state. This means that Florida has a law requiring that all drivers have a specific type of car insurance coverage that pays regardless of who was at fault for the accident.

Filing a Wrongful Death Lawsuit after a Florida DUI Accident

Published on: May 31, 2022 | by Friedman Rodman Frank & Estrada, P.A.

South Florida drunk and impaired driving accidents are a far-too-common occurrence. According to the National Highway Transportation Safety Administration (“NHTSA”), millions of people choose to drive while under the influence of drugs and alcohol each year. Impaired driving contributes to over 800 deaths in Florida every year and often claims the lives of the most vulnerable, such as children and older adults. These deaths are predictable and preventable, yet people continue to engage in this deadly conduct.

In Florida, those who suffer injuries or lose a loved one because of another driver’s negligence may file a personal injury or wrongful death lawsuit against the culpable parties. In addition to the negligent impaired driver, victims may file cases against the vendor who served alcohol under Fla. Statutes section 768.125, commonly known as the Dram Shop Law.

A wrongful death lawsuit may be appropriate in tragic cases where the victim succumbs to their injuries. For instance, local news reports recently described a deadly Florida DUI involving a WWE Hall of Famer. The driver rear-ended a 75-year-old driver who was stopped at a traffic light. Emergency responders transported the 75-year-old victim to a hospital, where he succumbed to injuries. Police reported that the driver was under the influence of alcohol at the time of the crash. Toxicology reports revealed that her blood-alcohol level was more than 3.5 times the legal limit. Authorities charged the driver with DUI causing death, causing death while operating a vehicle with a suspended or revoked license, DUI causing injury to a person, and three counts of DUI property damage.

Florida Teen Driver Charged with Six Fatalities

Published on: May 26, 2022 | by Friedman Rodman Frank & Estrada, P.A.

According to the Centers for Disease Control (“CDC”), motor vehicle accidents are the second leading cause of death for teenagers. Further, the Florida Department of Transportation (“FDOT”) reports that teen-related accidents dramatically increase between the “100 Deadliest Days”, the period between Memorial Day and Labor Day. Approximately seven teenagers die because of motor vehicle crashes every day. These harrowing statistics highlight the importance of equipping teenagers with the skills to operate their vehicles safely.

The CDC reports that the risk of motor vehicle accidents is highest among teens between 16 and 19 years old. This age group is three times more likely to be involved in a fatal accident. Data indicates that the accident death rate for male drivers is over two times higher than the fatality rate for similarly aged female motorists. Further, the presence of teenage passengers increases the likelihood of an accident.

Naturally, inexperience is one of the main reasons teenagers are more likely to be involved in a fatal Florida car accident. However, other factors that put teenagers at risk include nighttime and weekend driving, lack of seatbelt use, distracted driving, impairment, and speeding. For instance, national news reports indicated that the Sheriff’s Office charged a 17-year-old driver with vehicular homicide for driving 151 mph in a crash that took the lives of six people. The driver posted videos of himself and asked viewers to guess his speed for a prize. During his escapade, he slammed his BMW into an SUV carrying six people leaving their jobs at a local farm. Further, law enforcement believes the driver was under the influence of alcohol or drugs at the accident.

Evidence of Medicare Benefits in Florida Personal Injury Lawsuit

Published on: May 26, 2022 | by Friedman Rodman Frank & Estrada, P.A.

The Supreme Court of Florida recently approved the district court’s decision in a negligence case related to a slip-and-fall. The plaintiff sought to recover past medical expenses due to the fall on the defendant’s property. A jury awarded the plaintiff $34,642 for past medical expenses. On appeal, the plaintiff argued that the trial court abused its discretion in prohibiting her from introducing evidence of the gross amount of her past medical expenses and limiting her to raising only the discounted amounts paid by Medicare.

In analyzing the case, the Court addressed the holding in Joerg v. State Farm Mutual Automobile Insurance Co., 176 So. 3d 1247 (Fla. 2015). In that case, the Court concluded that future Medicare benefits are both uncertain and a liability due to the right of reimbursement that Medicare retains. The Court held that Joerg is not relevant because it set the scope of its holding to evidence concerning future Medicare benefits, which is not in dispute in the current case.

Recent case law from Florida highlights the issues many plaintiffs encounter when trying to recover maximum compensation for their injuries. Generally, Florida’s collateral source rule hinders juries from hearing evidence of a party’s payments from third-party payers. However, a narrow exception carved out in Florida Physician’s Insurance Reciprocal v. Stanley caused significant confusion amongst courts. Further, in Joerg v. State Farm Mutual Automobile Insurance Co., the Court reasoned that where Medicare benefits subjects beneficiaries to CMS’ enforcement tools, including demands for reimbursement, receiving Medicare constitutes a “serious liability.” The Florida Supreme Court also noted that Medicare benefits are too speculative to serve as a basis to reduce a claimant’s future medical damages.

Florida Cruise Ship Slip and Fall Accidents

Published on: May 17, 2022 | by Friedman Rodman Frank & Estrada, P.A.

Slip-and-falls and trip–and-falls are common occurrences on cruise ships and cause hundreds of injuries every year. Floridians who slip and fall or suffer another injury upon a cruise ship may bring a negligence or wrongful death claim against the responsible party. While these cases seem straightforward, they are rarely cut-and-dry, and injury victims must meet strict evidentiary and procedural requirements.

Recently, the Eleventh Circuit addressed an appeal from a Florida district court stemming from injuries a cruise ship passenger suffered after slipping on a puddle of water. According to the record, the woman slipped on a puddle and broke her hip shortly after boarding the cruise ship. She filed a complaint against the cruise ship for negligence, and the district court found in favor of the cruise ship. The lower court found that the cruise ship lacked a duty to protect the woman because its crewmembers did not have actual or constructive notice of the puddle that caused her fall.

Generally, in Florida, maritime law governs the liability of a cruise ship for a passenger’s slip-and-fall. In these cases, the plaintiff must make four primary showings to prevail:

Liability for Florida Cruise Ship Assaults

Published on: May 17, 2022 | by Friedman Rodman Frank & Estrada, P.A.

Those who board a cruise ship for work or vacation have the right to expect a safe, healthy environment with reasonable accommodations. Cruise ship companies and their crew have a duty to ensure safe transportation, including maintaining safe premises. Further, cruise ships departing from Florida ports are considered common carriers under the Shipping Act of 1984. Common carriers owe their passengers a heightened duty of care to protect them from harm and ensure that they arrive at their destinations safely. Companies that fail to meet this standard may be liable under Florida’s maritime and personal injury laws.

Recently, the Eleventh Circuit addressed a case where a cruise ship passenger and one of his friends assaulted another passenger. The court was tasked with determining what duty the cruise company owed to the assault victim in light of maritime law. In this case, the Plaintiff alleged that the cruise line was negligent because it failed to:

Reasonably and properly train security personnel.

Exception to Florida’s “Going or Coming” Workers’ Compensation Exclusion

Published on: May 10, 2022 | by Friedman Rodman Frank & Estrada, P.A.

As offices begin a return-to-work plan, Florida is set to experience an influx of daily commuters. Although traveling to work is a necessary part of many people’s lives, daily travel can pose risks to commuters. Those who commute the same way to work every day often feel a sense of security and may ignore their surroundings. However, commuters may merely be victims of another reckless or negligent party in some cases.

Workers’ Compensation

In Florida, employers conducting work in the state must provide workers’ compensation insurance to their employees. The specific coverage requirements vary depending on the industry or organization and the number of employees. Some business owners may opt-out of the insurance coverage if they meet the exemption requirements.

The law applies to all accidental injuries and occupational conditions arising out of and in the course and scope of employment. However, the law does not cover certain mental or nervous injuries related to stress or fright. Further, pain and suffering damages are not compensable in Florida.

Mandatory Arbitration Provisions in Florida Nursing Home Disputes

Published on: May 10, 2022 | by Friedman Rodman Frank & Estrada, P.A.

An appeals court recently addressed an arbitration agreement contained in a residency agreement on behalf of a Florida assisted living resident. The assisted living facility (“ALF) appealed a trial court’s order denying their motions to dismiss and to compel arbitration under an arbitration agreement.

The case arose when the resident’s estate (“Estate”) filed a complaint against the ALF for injuries the resident sustained while residing at the facility. The Estate’s complaint included causes of action for negligence, wrongful death, breach of fiduciary duty, civil conspiracy and violations of Florida’s Deceptive and Unfair Trade Practices Act. In response, the ALF filed motions to compel arbitration according to the arbitration agreement contained in the residency agreement, which was signed by the resident’s attorney-in-fact. The trial court denied the motions finding that the agreement was unconscionable and unenforceable.

The appeals court explained that in Florida, arbitration is mandated when:

What You Need to Know Before Filing a Florida Personal Injury Claim

Published on: May 1, 2022 | by Friedman Rodman Frank & Estrada, P.A.

Florida maintains statutes that limit the amount of time claimants have to file their civil lawsuits in court. The statute of limitations for personal injury cases is generally four years from the date of the incident. If a claimant fails to file their claim within this time, the court will most likely dismiss the lawsuit. However, depending on the case’s unique circumstances, the statute of limitations may be shorter or longer.

For instance, a Florida appeals court recently heard a plaintiff’s appeal seeking a review of a final judgment dismissing her complaint against the defendant. The plaintiff, a resident of an assisted living facility, filed a complaint alleging that the facility was negligent in allowing a dangerous condition to exist and failing to train employees. The case arose following an incident where an employee placed a food tray in front of a resident’s door. The cup on the tray spilled and created a puddle that the plaintiff slipped on, causing her to experience serious injuries.

The defendant moved to dismiss, arguing that the Assisted Living Facilities Act (“ALFA”) governs the claim, and the plaintiff failed to comply with ALFA’s presuit requirements. The plaintiff claimed that her suit was not brought under ALFA because ALFA only covers abuse, neglect, or deficient care claims. She contended that her claim arose from common-law negligence.