Month: January 2019


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Category: Wrongful Death

Wrongful Death in Florida: The Elements You Need to Prove to Win

Prior to the 19th century, wrongful death and survivor statutes did not exist. Back then it was only the injured person who could bring forth a legal claim (“tort”) for any wrongdoings done against them. The family or heirs of a person who died as a result of another person’s negligence, carelessness, or intentional act could, therefore, not sue. Basically, when the injured party died, so did the legal claim.
Thankfully, things today are different, and the estate of a deceased person can sue for wrongful death per Florida statutes section 768.19. Our state defines wrongful death as death that can be attributed partially or wholly to the wrongful act, default, negligence, or breach of duty by another person or entity.…

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FL Has Most Road Rage Cases in US – How to Handle a Raging Driver

 
 
If you live in Florida and you have a driver’s license, you probably already know that our state has a lot of angry people on the road. However, you likely aren’t completely aware of the magnitude of the problem.
 
Following an inside look at data from D.C.-based non-profit Gun Violence Archive, Tampa Bay’s ABC affiliate, WFTS, reports that Florida leads the nation in road rage cases, surpassing both California and Texas in the total number of incidents since 2014.
 
Think about that for a moment. In 2017, California was home to 39.5 million people, and Texas boasted more than 28 million. What’s our population here in Florida?…

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Category: Bad Faith Insurance

First Party Bad Faith Versus Third-Party Bad Faith in Florida

 
Every responsible policyholder expects that their insurance provider will uphold their promise of responding to claims fairly and promptly. Nevertheless, it’s not uncommon for insurers to break the rules when settling legitimate claims that ought to be covered.
 
When an insurance agent or company fails to act as it is contractually obliged, it is said to be acting in bad faith. There are all kinds of ways that insurers can act in bad faith, but how complicated your case is will largely depend on the type of bad faith case you’re dealing with.
 
What determines the type of case? Who’s involved.
 
What Constitutes a Florida Bad Faith Claim?…

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