Fort Myers personal injury attorney Tag Archives

Helmetless Motorcyclists at Greater Risk Under New Florida Law

November 2, 2023 | Associates and Bruce L. Scheiner

On July 1, 2023, a new law went into effect in Florida that could have a significant impact on helmetless motorcyclists. HB837, also known as the “Comparative Fault” bill, changes how personal injury lawsuits are handled in the state.

Under the old law, Florida followed a system of pure comparative negligence. This meant that even if a plaintiff was partially at fault for their own injuries, they could still recover damages from the defendant, as long as the defendant was also at fault. The amount of damages that the plaintiff could recover would be reduced in proportion to their own negligence.

However, HB837 changes Florida to a modified comparative negligence system with a 51% bar. This means that if a plaintiff is found to be 51% or more at fault for their own injuries, they cannot recover any damages from the defendant, even if the defendant was also at fault.

Winning In and Out of the Courtroom

November 2, 2016 | Associates and Bruce L. Scheiner

Written By: PJ Scheiner

There’s an old myth about the practice of law. The gist of it is that nice lawyers aren’t good lawyers and good lawyers aren’t nice lawyers. Somewhere along the way, people started to believe that antagonism and deception were key ingredients to successful lawyering.

We’ve all seen the TV shows – the sly lawyer wiggles his client free of responsibility through shady legal maneuvering; that a little intimidation (or worse) is just part of the process – a “necessary evil” for the lawyer who wants to be the best.

Real life works a little differently.

The (Unintended?) Consequences of Worley v. Central Florida Young Men’s Christian Association, Inc., 163 So. 3d 1240 (Fla. 5th DCA 2015)

November 1, 2016 | Associates and Bruce L. Scheiner

Written By: PJ Scheiner

Never did I imagine that the hardest questions I would have to answer as an attorney are “Do you know a good doctor?” or “Will anyone treat me without health insurance?”

I know lots of great doctors. I consider many outstanding physicians friends, valued advisors, and role models. My wife is a resident physician – on the verge of entering private practice. I’ve had my share of bumps and bruises which my trusted caregivers manage to straighten out in short order and get me right back into the Crossfit gym. More importantly, the lives and limbs – literally – of my parents have been saved by heroic doctors. Nine surgeries and months in an external fixator saved my mom’s arm. Therapeutic hypothermia may well have saved my dad’s brain after his massive heart attack and delayed return of spontaneous circulation.

I am surrounded by medicine, each of my clients has a unique story whose ending is heavily influenced by the care they receive. I study medicine to understand my client’s conditions – and to hold dishonest hired experts accountable by discrediting their medically unsound paid opinions. Medical journals are familiar resources for information on emerging research and best practices. I’m fascinated and energized by the incredible potential of regenerative medicine and pluripotent and multipotent stem cells. I learn the medicine of each of my client’s cases, because the better I understand my client’s condition and situation, the better the outcome I am able to obtain on their behalf.

It’s Only Over When It’s Over

October 31, 2016 | Associates and Bruce L. Scheiner

Written by: PJ Scheiner

Sometimes the hard work of reaching a settlement in a personal injury claim is just the beginning. Before bills can be paid or liens resolved, a mutually acceptable settlement and release agreement has to be negotiated. And, perhaps most importantly, you have to actually receive payment of the settlement funds.

Sometimes intransigent defendants or insurance companies do their best foot-dragging routine to delay payment. So how long do you have to wait to receive payment of settlement funds?

Florida statutes provide a definitive answer – so long as your settlement is with an insurance company. Florida Statute 627.4265 requires that an insurance company tender payment within 20 days of the date of a written settlement agreement or the date of receipt of an executed release of claims by the insurer (depending on whether receipt by the insurance company of the signed release is made a condition precedent to payment of settlement funds). If the insurer does not tender payment within 20 days, the amount due shall bear interest at 12 percent annually from the date of the settlement agreement or the tender of the executed release. The insurance company will then be responsible for paying the full settlement amount plus any interest accrued due to the delay in payment – and interest adds up quickly at a 12% APR (e.g. $1,000 a month on a $100,000 settlement).

Murphy v. Roth – Social Media and Juror Misconduct Weighed by 4th DCA

October 23, 2016 | Associates and Bruce L. Scheiner

The saturation of social media in modern society has been aided in part by the instantaneous gratification received via smartphone technology. People everywhere connect globally to automatically share anything from deep philosophical musings to the most mundane details of everyday life. It should come as little surprise then that it’s an issue that has come up in civil courtrooms across the country. Specifically: How do we keep jurors from publicly engaging about the cases they are charged with deciding, particularly while the proceedings are ongoing?

Part of the role of a Fort Myers personal injury lawyer is to carefully vet jurors who might oversee a case that goes to trial. We also have to occasionally monitor social media accounts to determine not just whether a juror may have engaged in misconduct by posting details or opinions about the case, but whether these actions may have prejudiced the plaintiff in a way that could warrant a mistrial or a new trial. We must be vigilant in protecting our clients’ rights.

In the recent case of Murphy v. Roth, before Florida’s Fourth District Court of Appeal, a plaintiff in an automobile accident lawsuit sought a new trial after it was revealed a juror in the case had been engaged on social media about his jury duty as well as his thoughts about the perceived greed of “everyone” trying “anything” to get money. Continue reading ›

Nielsen v. Bell – Child Negligence in Injury Lawsuit

May 10, 2016 | Associates and Bruce L. Scheiner

Although children are typically the victims in injury lawsuits, they can sometimes be the ones who cause injuries.

The question of whether parents may be held liable will depend on a number of factors, including:

The age of the child;
The child’s developmental ability to exercise caution;
Child’s mental capacity;
Specific details of the accident.

In general, Florida law holds that children under 6 are incapable of negligence – including comparative negligence for their own injuries. In cases where children are found negligent, parents – who are legally responsible for the children – may be held vicariously liable due to the legal theory of respondeat superior (Latin for, “Let the master answer”). But parents can’t be held vicariously liable unless there is a legitimate claim of liability against a child.

A recent case before the Utah Supreme Court asked the court to consider: How young is too young to be negligent? Continue reading ›

Roberts v. T.H.E. Insurance Co. – Hot Air Balloon Ride Injury

April 10, 2016 | Associates and Bruce L. Scheiner

Numerous Florida companies offer hot air balloon rides to residents and tourists alike. But when operators are not properly trained or fail to exercise due caution, accidents can occur.

You may recall in the spring of 2013, when pro football player Donte Stallworth was one of two seriously injured in a Florida hot air balloon accident in Miami after their balloon plunged to the ground after running into power lines.

More recently – and far less high-profile – was a hot air balloon injury case in Wisconsin, where a woman was injured when a company offering tethered hot air balloon rides failed to properly secure the balloon on a windy day. In Roberts v. T.H.E. Insurance Co., plaintiff alleged she suffered compensable injuries when she was knocked to the ground by the rogue balloon basket while waiting in line for a ride.

The two primary defenses raised by the company in this case were:

Recreational Immunity
Waiver of Liability

Both fell flat, as far as the Wisconsin Supreme Court was concerned. Continue reading ›

Richmond v. Volk – Misnomer vs. Misjoinder in Personal Injury Lawsuit

February 18, 2016 | Associates and Bruce L. Scheiner

In any personal injury lawsuit, it’s imperative that plaintiff identify all relevant defendants to the claim and then properly name those individuals in the lawsuit.

It seems like a fairly standard, straightforward directive. But a simple typo can have serious consequences to a case, and plaintiffs need to know their attorneys have adequate experience and staff necessary to ensure such a mistake doesn’t happen.

Recently, this issue was before the Virginia Supreme Court in the matter of Richmond v. Volk. Continue reading ›

Uber Sued for Misrepresenting Driver Safety to Public

August 31, 2015 | Associates and Bruce L. Scheiner

Ride-sharing company Uber, which has usurped local taxi providers in larger cities, has an estimated 160,000 drivers in the U.S. The service promises its users that it conducts thorough background checks of these drivers so that patrons can be as safe as possible.

Now, in an amended complaint that is part of a civil lawsuit filed by two district attorneys offices in California, there is new evidence to refute such assertions by the company.

The lawsuits, filed by district attorneys in San Francisco and Los Angeles, say the background checks conducted by Uber in those two cities failed to uncover serious criminal records of 25 drivers, just in those two cities. Offenses of these drivers range from felony traffic convictions to sex offenses to murder. With this information, the lawsuit focuses primarily on reportedly misleading claims made to consumers, as opposed to any legal violation in Uber’s background check process. Continue reading ›

Concert Injury Victim Suing Popular DJ for Broken Neck, Ankle

July 9, 2015 | Associates and Bruce L. Scheiner

Many performers go the extra mile to engage audiences in a show they will want to always remember. Unfortunately, these may result in injuries some fans can never forget.

A recent personal injury lawsuit was filed against a popular electronic dance music DJ after a concert in San Diego. The DJ reportedly jumped into the crowd while riding an inflatable pool raft. The stunt was performed to massive cheers, but one fan says she got trapped underneath the raft. As a result, she suffered a broken neck and broken ankle.

In addition to the DJ, plaintiff is also suing the venue.