South Florida Personal Injury Lawyers Blog

Florida Court Rejects Medical Malpractice Claim Due to Statute of Limitations Error

Published on: September 17, 2025 | by Friedman Rodman Frank & Estrada, P.A.

A July 2025 decision from the Third District Court of Appeal highlights the critical importance of timing in medical negligence cases. In Daisha Ervin v. Sergio A. Alvarez, M.D., et al., the court affirmed the dismissal of a malpractice complaint after finding the claimant failed to file within legal deadlines. If you believe you were harmed by medical treatment, you must consider both the discovery rule and the hard statute of limitations.

Medical malpractice claims in Florida must be filed within two years from the time the injury is or reasonably should be discovered, or within four years of the negligent act itself. In this case, the patient argued she only learned of the harm years after treatment. The court rejected that as a basis for extension because supporting evidence did not meet the legal threshold.

How the Court’s Ruling Reinforces Deadline Discipline

Your right to compensation depends not only on injury but also on procedural compliance. Florida’s statute requires timely action and allows limited exceptions when delayed discovery applies. However, the claimant cannot rely on vague or retrospective awareness. The court requires evidence that a reasonably diligent person could not have known of the harm earlier.

Florida Jury Finds Tesla Liable in First Autopilot Fatality Case

Published on: September 10, 2025 | by Friedman Rodman Frank & Estrada, P.A.

A federal jury in Miami recently held Tesla responsible for a portion of a fatal 2019 crash involving its Autopilot driver-assist system. The driver crossed a T-intersection at approximately 60 mph and struck a parked SUV, killing a pedestrian and seriously injuring her companion. Though the driver admitted negligence, the court found that Tesla’s Autopilot design and failure to warn contributed significantly to the outcome. The jury awarded more than $240 million in damages, including $200 million in punitive damages and over $43 million in compensatory damages. Tesla plans to challenge the verdict on appeal.

This case marks the first time a U.S. jury has held Tesla accountable in a deadly crash where its automated system played a role. The decision raises weighty questions for vehicle manufacturers about design responsibility and user warnings in driver-assistance technologies.

Why This Verdict Matters to Anyone Injured by Technology

Tesla’s liability in this case shows that corporations may be held accountable for technology failures, not just driver error. If you were hurt in a crash involving semi-autonomous or driver-assist systems, you may be entitled to compensation. Courts may weigh whether manufacturers provided adequate safeguards, warnings, and constrained system use to appropriate road types.

Your claim may involve product liability, wrongful death, or negligence. Gathering evidence about device limitations, internal company communications, driver alerts, and regulatory warnings becomes crucial. Expert analysis of the system’s decision-making and failure points can support arguments that the company acted with reckless disregard for user safety.

What Types of Evidence May Strengthen a Claim Involving Driver-Assist Features

When a crash involves advanced systems like adaptive cruise control or lane-keeping assistance, the investigation must go beyond traditional accident reports. Police findings remain useful, but deeper insight comes from accessing diagnostic logs, Autopilot metadata, and sensor activity at the time of the incident. For example, internal data may show whether the system detected the hazard and failed to act, or whether it disengaged properly. In some recent cases, forensic engineers retrieved video evidence that contradicted earlier statements by the vehicle manufacturer, revealing system awareness of risk before impact occurred.

Miami Hit-and-Run Incident Highlights Rights of Pedestrian Victims

Published on: September 3, 2025 | by Friedman Rodman Frank & Estrada, P.A.

If someone you love was struck and killed by a driver who then fled the scene, you may feel overwhelmed by grief and uncertainty. Florida law offers clear paths to civil remedies even when authorities have yet to identify the suspect.

Recent reporting on a fatal hit-and-run in northwest Miami-Dade underscores the legal risks and possibilities for families in similar situations. Passersby discovered the victim near Seventh Avenue and 115th Street in the early morning hours. The driver reportedly abandoned the vehicle and fled on foot. Authorities continue searching for the suspect, while surviving family members now face the long process of pursuing civil justice.

How Florida Law Protects Families After Fatalities Involving Fleeing Drivers

Florida negligence laws allow wrongful death claims when unintended harm results from another party’s dangerous behavior. In hit-and-run cases, the driver’s decision to flee rather than render aid can reinforce the severity of civil liability. You can seek compensation for funeral costs, lost income, emotional trauma, and loss of companionship, even if no criminal charges are currently pending.

Holding Drivers Accountable After Deadly Florida Turnpike Collisions

Published on: August 31, 2025 | by Friedman Rodman Frank & Estrada, P.A.

If you lost someone in a crash like the one that occurred recently on Florida’s Turnpike near Fort Pierce, you may have the right to bring a wrongful death claim. According to CBS News Miami, three individuals were killed after a semitruck made a prohibited U-turn across the median. The truck’s trailer blocked the northbound lane, and a minivan collided with it. All three occupants of the minivan were pronounced dead at the scene.

When commercial drivers disregard highway safety rules, families are left dealing with trauma that never should have occurred. In this case, the truck reportedly used an unauthorized median crossover to turn around. These crossovers are not meant for such maneuvers, especially by large vehicles that cannot accelerate quickly enough to rejoin highway traffic without creating a hazard.

Florida law provides a legal path for surviving family members to hold negligent drivers and their employers responsible. If someone you love died in a similar incident, a wrongful death lawsuit may allow you to recover damages for funeral expenses, lost income, emotional loss, and more.

What Makes This Type of Crash Legally Actionable

Truck drivers must follow specific restrictions on Florida highways, especially when it comes to median use. Certain crossovers exist for authorized emergency vehicles or maintenance crews. When a truck driver attempts a turn in one of these zones, the risk to other drivers increases sharply. The CBS News report makes clear that this turn happened at a point where trucks are prohibited from maneuvering.

That decision created a deadly roadblock. A vehicle traveling at highway speed has little time to react when a trailer stretches across the lane. In a wrongful death case, evidence that the truck driver violated route guidelines may serve as strong proof of negligence. That evidence could include crash reports, eyewitness statements, dash cam footage, and highway surveillance.

Why These Cases Demand Swift Investigation

After a fatal crash, time works against you. Commercial carriers may repair or destroy the involved vehicle within days. They might also erase black box data or overwrite video that could prove how and why the crash happened. In the Fort Pierce collision, key details about the maneuver and point of impact could shape the outcome of any civil case.

By working with a legal team immediately, you can issue preservation requests and coordinate expert reviews of vehicle data. These steps give you the best chance to demonstrate what occurred and why the victims had no opportunity to avoid the crash.

Damages You May Pursue in a Wrongful Death Claim

Wrongful death cases in Florida allow certain relatives to seek both economic and emotional compensation. If you are a spouse, child, or dependent, you may be entitled to damages for lost income, funeral and burial costs, and loss of companionship. In rare cases involving extreme recklessness, the court may also consider punitive damages.

Florida courts examine the age, health, earning history, and relationships of the deceased when awarding compensation. A thorough case will include financial documentation, medical records, and detailed testimony showing how your family has been affected. Every piece of information helps paint a fuller picture of the loss and its impact.

Speak With a Florida Wrongful Death Lawyer Today

If someone in your family was killed in a crash involving a commercial truck or reckless driver, you have every right to seek accountability. The loss may feel too heavy to process, but acting quickly gives your case the strongest possible foundation. With the right legal support, you can protect your family’s future and pursue justice with confidence.

Call Friedman Rodman Frank & Estrada today at (800) 654-1949 to schedule a free, confidential consultation. Let us help you understand your legal rights and begin the path toward recovery.

Florida Court Clears the Way for Bad Faith Lawsuit After Insurer Misses Deadline

Published on: August 18, 2025 | by Friedman Rodman Frank & Estrada, P.A.

A Florida appellate court recently handed a win to policyholders across the state. If your insurer wrongly denied your claim and you filed a civil remedy notice under state law, you may still move forward with a bad faith case even if your notice was not perfect. In a recent ruling, the Second District Court of Appeal held that when an insurance company fails to object to a civil remedy notice promptly, it cannot later use that notice as a defense.

This ruling allows the injured party to continue seeking damages. It confirms that insurers must follow deadlines just as claimants must follow statutory procedures. If your insurance company mishandled your claim and tried to avoid accountability by pointing to technicalities, this decision may change the outcome in your favor.

Understanding the Civil Remedy Notice Requirement

Before you file a lawsuit for bad faith under Florida Statutes Section 624.155, you must first submit a civil remedy notice. This notice alerts the insurance company that it has failed to settle a valid claim and gives it sixty days to correct the issue. Some insurance companies use this requirement as a shield, arguing that any mistake in the notice should bar a claim altogether.

Florida Plane Crashes and the Legal Rights of Victims

Published on: August 11, 2025 | by Friedman Rodman Frank & Estrada, P.A.

When a small aircraft crashes into a residential neighborhood, it poses a danger to everyone nearby. If you suffered injuries or property damage because of a low-altitude aircraft failure, you may have the right to bring a personal injury claim. These claims can cover your medical expenses, most wages, emotional distress and other related losses. Consulting with an attorney as soon as possible can help you understand your legal options and path forward.

Aircraft crashes that occur near homes, streets, or public spaces often raise legal questions about who is at fault and why. If you were injured or your home was damaged during the recent Florida plane crash, contact a lawyer now to discuss compensation and next steps.

Determining Fault After a Plane Crash

When a plane falls from the sky, many people immediately wonder who is responsible. In most cases, fault does not fall on a single person or company. The pilot may have made a poor decision while approaching the runway. The aircraft’s owner may have allowed the plane to fly without proper inspections. A manufacturer may have sold a defective part that failed during the flight. Even if you are unsure who caused the crash, you still have the right to hold someone accountable.

Filing a Legal Claim After a Fatal Red-Light Collision in Florida

Published on: August 3, 2025 | by Friedman Rodman Frank & Estrada, P.A.

When a driver ignores a red light and slams into another vehicle, the consequences often change lives forever. If your family suffered a devastating loss because someone failed to follow fundamental traffic laws, Florida gives you the right to pursue legal action. You may be entitled to compensation through a wrongful death or personal injury claim. Speaking with a lawyer as soon as possible can help protect your future and your financial well-being.

A violent crash may cause physical harm, emotional trauma, or even the loss of a loved one. A legal claim cannot undo the damage, but it can hold the at-fault driver accountable and provide the support your family needs to move forward.

Legal Options for Families After a Fatal Crash

Florida law allows close family members to bring a wrongful death claim after a fatal traffic collision. The person responsible does not need to act intentionally. Running a red light, speeding through an intersection, or failing to yield creates a situation where a deadly impact becomes almost inevitable.

If your child, spouse, or parent died in the crash, you may be able to recover money for funeral expenses, emotional suffering, and the loss of support that person provided. Even if the responsible driver faces criminal charges, you still have a separate right to bring a civil case. Your lawyer can help you file that claim and demand full compensation.

How Florida Courts Decide Who Is Responsible in Premises Liability Cases

Published on: July 19, 2025 | by Friedman Rodman Frank & Estrada, P.A.

When you slip, trip, or fall on someone else’s property, the question of who is legally responsible is not always straightforward. A recent Florida appellate court decision helps clarify how courts assign responsibility between property owners, property managers, and retail tenants. This case involved a Miami-Dade commercial property and focused on whether the parties in control of the premises responded appropriately to known dangers. Although the ruling does not create new law, it sheds light on how evidence is weighed and what facts can shift the outcome of a claim.

What Evidence of Knowledge and Control Can Impact Your Injury Case

In any premises liability case, one of the first questions is whether the person or company responsible for the property knew or should have known about the danger that caused the injury. That knowledge might come from customer complaints, maintenance logs, previous accidents, or visible signs of wear and tear. The court in this decision placed a heavy emphasis on notice, specifically what the property managers and affiliated businesses knew about the hazard, how long the condition had existed, and whether any action had been taken to correct it.

Florida Appeals Court Rejects Emotional Injury Claim Tied to Workplace Assault

Published on: July 11, 2025 | by Friedman Rodman Frank & Estrada, P.A.

A restaurant worker in Florida sued her employer after an on-the-job assault caused severe psychological distress. The claim focused solely on mental health injuries, including post-traumatic stress disorder, with no physical harm alleged. The worker argued that management failed to protect her from a known threat and framed her lawsuit as a negligence claim. The trial court allowed the case to move forward. However, the appellate court reversed course, ruling that any remedy would need to come through Florida’s workers’ compensation system.

Mental Health Claims at Work Face High Legal Hurdles

Florida workers’ compensation law provides coverage for job-related injuries. While it generally addresses physical harm, it does allow claims based solely on psychological injury in minimal situations. The law requires either an accompanying physical injury or proof that the psychological harm resulted from a shock so extreme it would cause emotional damage to an average person.

Wrong-Way Crash on Palmetto Expressway Kills Passenger and Raises Legal Questions

Published on: July 4, 2025 | by Friedman Rodman Frank & Estrada, P.A.

When a vehicle enters a highway going the wrong direction, the outcome can be devastating. That is exactly what happened in Miami last week, when the Florida Highway Patrol reported a deadly crash involving a wrong-way driver on the Palmetto Expressway near NW 122nd Street. The collision claimed the life of a 36-year-old passenger in the front seat of one of the cars. Investigators say a 2018 Chevy sedan entered the northbound lanes while heading south, slamming head-on into a 2022 Hyundai.

If your loved one was hurt or killed in a similar crash, you may be wondering who can be held legally responsible and how Florida law applies. These are not easy questions, especially in high-speed collisions that result in sudden and permanent loss.

Who Can File a Wrongful Death Claim After a Fatal Crash in Miami?