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personal injury altamonte springs Tag

Florida’s Comparative Fault Law

court in session for personal injury law case

Florida's Comparative Fault Law Florida is currently a comparative fault state.  However, it has not always been that way.  In 1886, the Florida Supreme Court in Louisville and Nashville Railroad Co. v. Yniestra would hold that Florida was a contributory fault state.  Florida state courts would uniformly follow the Yniestra opinion for the next 87 years.  In 1973, the Florida Supreme Court, in  Hoffman v. Jones, would recede from Yniestra and establish comparative fault as the rule for Florida in negligence cases.  In 1986, the Florida legislature would codify Florida’s comparative fault through Florida Statute § 768.81.   Difference Between Comparative Fault and...

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Pedestrian Accidents in Florida

Pedestrian Accident Lawyer located in Altamonte Springs, Florida

Pedestrian Accidents Result In Serious Injury or Death In a 2015 study, the U.S. Department of Transportation estimated there were almost 70,000 pedestrians injured in motor vehicle crashes in the US and almost 5400 killed from pedestrian accidents. The study revealed an increase in pedestrian fatalities as an overall percentage of pedestrian-involved crashes. This means that, as a percentage, more pedestrians are being killed by motor vehicle crashes today than they have been historically. Florida is known as one of the more dangerous states for pedestrians. A recent analysis revealed the Central Florida metro area from Kissimmee-Orlando-Sanford was near the top of...

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Florida’s Slip and Fall or Trip and Fall Law

Slip and Fall or Trip and Fall Accident by Lawyer Justin presser

Slip and Fall or Trip and Fall Law Slip and fall and trip and falls are some of the most common injuries claims after motor vehicle crashes.  The reason an injured person fell is usually not because they forgot how to walk.  Rather, many dangerous conditions can cause someone to fall.  Examples include elevated or cracked sidewalks or food or liquid on the floor.  Most of us have also encountered the ultra slippery-when-wet paint in a crosswalk. Florida has a statute outlining what slip and fall or trip and fall injury victims need to prove in court.  Florida requires fall injury victims...

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Facebook and Social Media Discoverability

Facebook and Social Media Discovery with injury lawyer

Facebook has been in the news lately, and not for a good reason.  Facebook made the news after it was learned a third party was able to access and record people’s information.  It seems Facebook, allegedly, failed to take proper precautions to guard against the copying of their users' information.  A lot of people are upset by this and understandably so.  When it comes to social media we post images, updates and comments on our page or to a group of our friends and believe there is some sense of privacy that comes with our account.  When it was revealed that third...

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Can I Be Injured In A Low Speed Car Accident?

What to do after a car accident by personal injury lawyer, Justin Presser

Low Speed Accidents Can Cause Injury Far too many people believe you cannot be injured in a low speed car accident.  Many times, people associate the amount of property damage to the vehicle with the type of injury the occupants must have had.  While the common misconception is the more significant the visible damage to the vehicle, the more significant injury to the occupant – this is not always correct.  An occupant’s age, medical history, force of impact and location within the vehicle are other factors which play a significant role in whether an injury can occur. In an article published by...

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Understanding Florida’s “Full Coverage” Myth

Injury Law Myths

What Does Full Coverage In Florida Mean? Have you ever heard someone say that they are “fully insured” or have “full coverage” in regards to car insurance?  If you have, chances are the person who said that is not actually “fully insured” at all. In Florida, there are several types of different coverages available to drivers under their car insurance policies.  These coverages include Bodily Injury, Property Damage, Uninsured Motorist and Personal Injury Protection.  Each of these coverages insures something different.  Examples include Bodily Injury Coverage and Uninsured Motorist Coverage.  Bodily Injury Coverage insures an at-fault driver for injuries they cause to...

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