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Articles Posted in car accident lawsuit

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Proving Nature and Extent of Injury in Florida Car Accidents

Part of securing damages for your car accident injuries means not only proving the defendant motorist was at-fault in the crash, but also showing that the causal nature and extent of your injuries. Some Florida car accident trials center solely around these facts, with defendants arguing you weren’t as seriously…

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Permissive User Status in Auto Insurance Liability

The question of whether a person is a permissive user of a motor vehicle under a standard auto insurance policy can be an important one in determining whether indemnity and coverage will be provided. This is usually of great interest to both parties in an injury lawsuit. The defendant wants to…

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Gilliam v. Immel – Proof of Damages Key in Injury Lawsuits

The first question that often arises in injury litigation is whether the defendant was negligent in causing plaintiff’s injuries. But the second – and equally important – element is damages. That is, to what extent did plaintiff suffer? How can that suffering be quantified?  Our Fort Myers injury lawyers do…

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Entila v. Cook – Workers’ Compensation and Claim Against Co-Worker

Typically when someone is injured at work, the exclusive remedy they will have from their employer is workers’ compensation. This is true even if it was the wrongdoing of the company or the co-worker who caused the accident that resulted in serious injury. There are some very narrow exceptions in…

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Ready v. RWI Transportation – Causal Link of One Car Accident to Another

As Fort Myers personal injury attorneys, we handle many cases that involve third-person liability. Regardless of the type of incident – whether it’s a construction accident or a car accident or a slip-and-fall – there are four necessary elements one must prove in order to prevail. Those are: Duty. Breach.…

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Martin v. Powers – Can Rental Car Be Uninsured for UM Coverage Purposes?

People might assume that a vehicle legally owned by a multi-million dollar corporation is adequately insured. But when it comes to rental cars, they may find themselves disappointed.  Approximately 1 in 4 drivers in Florida has no insurance, despite law that requires it. Florida’s vicarious liability laws consider motor vehicles…

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Cadle v. GEICO Gen’l Ins. Co. – Bad Faith Claim Falters on Failure to Prove Permanent Injury

Uninsured/ underinsured (UM/UIM) coverage is essential for all Florida motorists, as it provides the policyholder and other insureds with coverage in the event of collision with an at-fault driver who doesn’t have insurance or doesn’t have enough insurance.  However, F.S. 627.727(7) allows insurers to avoid paying damages under UM/UIM policies…

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Vicarious Liability of Vehicle Owner May Be Asserted in Florida Car Accident Lawsuit

Headlines recently centered on a pregnant reality television personality who is being sued in connection with a car accident – despite the fact that she was nowhere near the scene when it happened.  Blac Chyna has been named in a personal injury lawsuit that seeks damages for medical expenses, lost…

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Lucca v. GEICO – Judge Grants Motion to Exclude Policy Limits

The U.S. District Court in the Eastern District of Pennsylvania has ruled that the $900,000 limit and the amount of premiums paid for an underinsured motorist policy is irrelevant to a claim for benefits and breach of contract. As such, that evidence was excluded from trial.  In Lucca v. GEICO, plaintiff suffered injuries…

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Excessive Speed a Factor in Horrific Crash That Killed Family on Way to School Play

The family of four was on their way to a school play at a local high school. They were just minutes from it starting. Meanwhile, a 20-year-old driving a turbocharged BMW was heading home after picking up some Chinese takeout for his family. He was traveling at a mind-bending 115…

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