South Florida Injury Attorney Blog

The Florida Legislature passed a law, the Motor Vehicle Personal Injury Protection Insurance Act, earlier this year that purportedly reforms the requirements and procedures for personal injury protection (PIP) insurance. The law’s stated purpose is to cut down on fraud in PIP cases that was allegedly driving up costs. Most of the provisions of the new law will take effect on January 1, 2013, but some state regulators are already predicting that the law will save money for both insurers and consumers. The law imposes limits on time periods to seek treatment and on the types of compensable injuries, and consumer advocates predict a negative impact on consumers.

Florida first adopted a PIP law in 1972, according to the Insurance Journal, in order to ensure that people injured in automobile accidents had quick access to resources for medical treatment. Drivers must maintain PIP coverage as part of their auto insurance policy. Under the “no fault” PIP law, a driver’s insurer must pay up to $10,000 to its insured after an accident, regardless of who was at fault, to cover medical expenses and lost wages. The Insurance Journal claims that Florida, particularly in Miami and Tampa, leads the nation in “staged accidents.” Fraudulent PIP claims are allegedly responsible for a $1.4 billion increase in PIP costs in Florida since 2008.

Continue reading " Florida Enacts Changes to Personal Injury Protection Insurance Requirements; Some Predict Savings on Premiums " »

The family of a Florida woman killed in the crossfire of a drug-related gun fight last year has settled their lawsuit against the owner of the apartment building where she lived, and where the shooting occurred. In a wrongful death lawsuit, the family claimed that the building owner knew of significant risks of violent criminal activity in the vicinity of the building, but failed to take reasonable steps to protect the tenants. The company that owns the building will reportedly pay $1 million to settle the family’s suit.

The incident giving rise to the lawsuit occurred on Tuesday, August 30, 2011, at the Prince Street Apartments in Jacksonville, Florida. A fight between several men in the courtyard of the building turned into a gunfight, with at least two men shooting at each other. One of the gunmen and the other gunman’s companion were killed in the fight. Several people were injured, including a sixteen month-old boy who was shot in the head but recovered. A resident of the building, nineteen year-old Danielle Melton, was also shot and killed. The remaining gunman, Theodist Richardson, is charged with murder and is currently set for trial in November 2012.

Melton left twin infant sons, who now live with their grandmother. Melton’s mother, 36 year-old Michelle Rockett, became the executor of Melton’s estate and the guardian of her sons. She retained counsel to investigate the incident, and reportedly discovered that the apartment owner had failed to secure the premises and protect the tenants from violent crime. In the three years prior to the shooting, they identified forty-five police reports of violent crime on or near the property. These reports included home burglaries, robberies, and multiple instances of aggravated battery. Within a five hundred foot radius of the building, they found 104 reports of violent crime for the time period.

Continue reading " Florida Apartment Building Owner Settles Wrongful Death Suit with Family of Crime Victim for $1 Million " »

A killer whale at SeaWorld in Orlando, Florida pulled a trainer into the water in February 2010, resulting in the trainer’s death. SeaWorld has faced multiple legal challenges, including an investigation by the Occupational Health and Safety Administration (OSHA), which led to a fine in 2011. The company also faced a lawsuit from the family of a child who witnessed the incident and, according to his parents, was severely traumatized by the experience. Their lawsuit for intentional and negligent infliction of emotional distress, which a judge dismissed in September 2011, demonstrates how difficult it can be to prevail on a claim for damages inflicted emotionally rather than physically.

The Connell family brought their son from their home in New Hampshire to Orlando for his birthday. They went to see the “Dine With Shamu” show on February 24, 2010, featuring a killer whale named Tilikum. At the end of the show, the whale reportedly grabbed a trainer, 40 year-old Dawn Brancheau, by her ponytail and dragged her down into the water. Tilikum dragged Brancheau around the water tank until park workers were able to retrieve her body.

Continue reading " Death of Florida SeaWorld Trainer Shows Difficulty of Claiming Damages for Emotional Distress " »

The family of a nine year-old boy who died in a March 2012 school bus crash in Fort Pierce, Florida have filed a wrongful death lawsuit against the driver of the semi truck that hit the school bus and the trucking company that employed the driver. They have also filed a claim against the school district, asserting that the school bus driver, and therefore the school district, is also liable. Because the school district is a government agency, the family must first present its claim to the state before attempting to file a lawsuit.

An investigation by the Florida Highway Patrol (FHP) concluded that neither the driver of the school bus nor the driver of the semi truck should face criminal charges for the accident that occurred on March 26, 2012. A school bus driver with the St. Lucie County School District reportedly made a left turn into the path of an oncoming semi truck at about 3:45 p.m., while transporting thirty elementary school students. The semi truck collided with the school bus, causing the bus to spin 180 degrees and the truck to flip over. Nineteen people on board the school bus, including eighteen children and the 56 year-old driver, were injured. One passenger, nine year-old Aaron Beauchamp, was killed in the collision. The driver of the semi truck was not injured.

Continue reading " Florida Family Files Wrongful Death Lawsuit Over School Bus Crash " »

A dispute over insurance coverage has developed between a Florida homeowners’ association (HOA) and its insurer after the mother of slain 17 year-old Trayvon Martin claimed compensation for the death of her son. Martin was shot and killed by a resident in the neighborhood represented by the HOA. The insurance company filed a declaratory action in an Orlando federal court asking the court to declare that it is not responsible for covering the HOA on the mother’s claim.

The Trayvon Martin case has become well-known and highly controversial. Martin was visiting his father, who lived in a gated community in Sanford. The teenager was allegedly walking home from the store on the night of February 26, 2012, when he was shot and killed by 28 year-old George Zimmerman, a neighborhood watch volunteer who claimed that he acted in self-defense. Martin’s family says that Zimmerman singled their son out because he was African-American, followed him through the neighborhood, and incited an altercation. Police arrested Zimmerman forty-four days after Martin’s death and charged him with second-degree murder. Zimmerman has entered a plea of not guilty and is out of jail with a $1 million bond.

Martin’s mother, Sybrina Fulton, filed a claim with Travelers Insurance, which covers the Retreat at Twin Lakes HOA. She requested in excess of $75,000 in damages for Martin’s death. She also filed a claim with the Florida Bureau of Victim Compensation, and was approved in March for a payment from the Crimes Compensation Trust Fund. Her claim to Travelers drew a quick response.

Continue reading " Insurance Dispute Arises in Civil Claim for Compensation in Trayvon Martin Case " »

The mother of a high school football player who died during pre-season practice last summer announced her intention to file a lawsuit against the school system. She alleges that the school and its athletic department failed to adequately protect its players against heat-related injuries. Changes to the rules governing summer practices may help prevent future incidents in Florida high school football, but heat stroke and other injuries remain a serious problem for athletes around the country.

Isaiah Laurencin played in the offensive line of Miramar High School’s football team. The 16 year-old was 6-feet-3-inches tall, weighed 286 pounds, and had reportedly drawn the attention of college scouts. He collapsed on the field during conditioning drills at about 5:00 p.m. on Tuesday, July 26, 2011. Doctors pronounced him dead at the hospital the following morning. The medical examiner ruled Laurencin’s death “natural,” saying it resulted from sickle cell trait anemia, which caused cardiac arrest due to physical exertion. Sickle cell anemia can cause heightened sensitivity to heat, and therefore higher susceptibility to heat stroke. Laurencin also reportedly suffered from asthma and hypertension.

Continue reading " Lawsuit Planned Against Broward County School System Over High School Football Player's Death " »

State investigators in Florida are taking a close look at a brain injury treatment center in Wauchula. Current and former patients at the Florida Institute for Neurologic Rehabilitation (FINR) have come forward with allegations of abuse at the hands of staffers. The state investigated the center last year after a patient died, although state regulators halted their investigation over jurisdictional concerns. The center now faces civil claims and administrative proceedings, and several staffers face criminal charges.

Founded as a for-profit facility in 1992, FINR is located in Wauchula, about fifty miles southeast of Tampa in Hardee County. It is one of the largest centers dedicated to the treatment of brain injuries in the country, with 196 beds, and it takes in patients from all over the country. According to an investigative report by David Armstrong in Bloomberg, the Florida Department of Children and Families (DCF) has received 477 reports alleging neglect or abuse at the center since 2005. Its investigations have reportedly “verified” thirty-six of them. DCF says it refers verified matters to law enforcement.

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A Wisconsin court dismissed a boy’s lawsuit for damages sustained while playing paintball, when a boy on the opposing team allegedly shot him in the eye during a break in play. In Houston v. Freese, the Wisconsin Court of Appeals for the Third District held that state law precluded a claim for negligence because paintball is considered a “contact sport.” The law instead imposes a standard of recklessness, which the court held was not demonstrated in this case. Sports injuries occurring during game play have long presented challenges to attorneys, who must prove that an injury resulted from something other than ordinary game play.

Plaintiff Jett Houston and Defendant Alex Freese, both minors, went to a friend’s house in July 2008 to play paintball. Their hosts, Jacob Stelter and his older brother Kyle, had set up a paintball course near their home. Kyle, an experienced player, instructed the eight participants in the rules of the game, safety equipment, and safety procedures. All of the boys had protective masks, with attached goggles, to shield their faces and eyes from paint pellets. Kyle instructed the boys to wear their helmets at all times in the game area, even if they had been eliminated from play.

Continue reading " Court Dismisses Personal Injury Claim Arising from Paintball Game " »