Author: Weldon Rothman

Yes! In Florida, a lawsuit can be filed and damages sought for pain and suffering where the driver has sustained a permanent injury! A no-fault state, like Florida, operates under a no-fault auto insurance system as provided by Florida Statutes. This means that state law requires drivers to have personal injury protection, PIP insurance, which only deals with a portion of the driver’s initial medical bills and lost wages up to the PIP coverage amount, no matter who is the at-fault party. 

Below, we will answer common questions regarding PIP insurance that you may have as an auto accident victim.  Continue reading “Can You Sue in Florida, as a No-Fault State, for Pain and Suffering after a Motor Vehicle Accident?” →

After a motor vehicle accident in Florida, you may wonder about the recovery process ahead. While treatment plans vary significantly depending on the individual and the extent of their injuries, many include:

Physical Therapy

After a comprehensive medical evaluation and diagnosis of your injuries, your physician will likely recommend physical therapy. Physical therapy is widely used to preserve strength and mobility after an injury. Your physical therapist can recommend exercises and complementary treatments, like heat/cold therapy, to support the recovery process. 

Physical therapists can also pinpoint and correct inefficient movement patterns, which often develop after auto accidents. This helps prevent re-injury and chronic pain.  Continue reading “What’s a Typical Treatment Plan After a Florida Motor Vehicle Accident?” →

Wearing a seat belt while you’re on the road may save your life in case of an accident. They’re legally required for all drivers and passengers in motorized vehicles in Florida, with only a few exceptions. 

While seat belts can keep you from being thrown out of your vehicle, they can trigger some injuries in an auto accident. The most common seat belt injuries include: Continue reading “5 Most Common Seat Belt Injuries” →

Medical errors can occur following a personal injury incident, whether it be a motor vehicle crash, fall, or any other negligence action resulting in bodily injuries. Understanding what constitutes a medical error, as well as some of the most common medical errors in personal injury claims, can help you better understand your legal rights. 

What is a Medical Error?

A medical error is defined as a “preventable adverse effect of medical care”. It may be a failure to perform a planned action as intended or the use of a wrong action, leading to an unintended result. Medical errors may result in unintended injury, a prolonged hospital stay, or physical disability. Continue reading “Medical Errors in Personal Injury Claims” →

If a car accident involves an employee on the job, determining liability can be complicated. Is the employer held liable for the damages? What if the employee was driving negligently?

In this article, we’ll answer these key questions about determining liability in a crash with a working driver. 

Is The Employer Liable in a Crash with a Working Driver?

Florida law deems a company, corporation, or other entity (i.e. an LLC) a “person” under law. Additionally, with what’s legally known as vicarious liability, an employer may be held liable for the damages of a victim if their employee can be proven at fault for the crash. This can even apply if the employee was driving their own vehicle, so long as they were “on the job” at the time of the accident (this typically doesn’t apply if the employee was traveling to or from work).  Continue reading “Employer Liability for Car Accidents Involving Working Drivers” →

As one of the country’s most popular tourist destinations, Florida attracts millions of visitors every year. While there are many positives of Florida’s thriving tourism department, out-of-state drivers can complicate the aftermath of a car accident. Thankfully, with an experienced car accident attorney by your side, you can resolve insurance complications after a crash with an out-of-state driver.

Read on for more information about what to do after being in an auto accident with a non-Florida driver.  Continue reading “Florida Car Accidents with Out-of-State Drivers” →

If you sign a liability waiver in Florida and sustain an injury, you may doubt your ability to pursue compensation for the related damages. Gyms, amusement parks, sporting events, daycares, and a variety of other businesses and facilities require liability waivers in Florida to limit their legal obligation in case of an accident.

However, a liability waiver may not eliminate your ability to file a claim against the business in every circumstance. This article will outline when you may and may not be able to sue after signing a liability waiver in Florida.  Continue reading “Can You Sue if You Signed a Liability Waiver in Florida?” →