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Naples injury lawyerMost people who file damage claims for personal injuries from a car accident, slip-and-fall or some other incident won’t have to worry about the prospect of a compulsory medical exam. As a Naples injury lawyer can tell you though, this changes if you actually file a lawsuit.

A compulsory medical exam (sometimes referred to as a “CME”) is a medical examination of a plaintiff or defendant in a personal injury lawsuit at the request of the other party (usually of the plaintiff at the request of the defense). Per Rule 1.360 of the Florida Rules of Civil Procedure, parties to personal injury lawsuits have the right to request an examination when “the condition of the subject in question is in controversy.” In other words, the other party is asserting doubt about whether the injury in question is as severe as one claims. An “independent” doctor is called upon to conduct their own medical exam and put forth their conclusions.

We put the word “independent” in quotations because the choice of medical examiner typically rests with the requesting party, who must establish to the court that they have “good cause” for the request.

The reason most injury claimants needn’t worry about this is because most Florida personal injury claims are resolved in settlement negotiations – without the need for a lawsuit or long before a trial begins. But even if your case does not ultimately go to trial, preparing for one may require you to undergo a CME. An experienced Naples injury lawyer can tell you what to expect and what you need to know. Continue reading

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Florida premises liability lawyerIn any Florida premises liability case, the question of whether the defendant is responsible for the harm someone else suffered on their property often depends heavily on the unique circumstances of the case. Sometimes, that circumstance is a giant ice cream cone.

See: Greene v. Twistee Treat USA et al., recently before Florida’s Second District Court of Appeal.

Normally, people have an obligation to watch out for potential hazards when they’re on someone else’s property. They have a duty to avoid any open and obvious dangers. But that does not excuse property owners (businesses in particular) from their duty to anticipate potential dangers – even if they are open and obvious – and to warn guests of them. This is especially true if the property owner could have anticipated that the patron would be distracted or that it would have been so long since the last time they saw the hazard that they could have easily forgotten it.

In the case of the Twistee Treat tripping hazard, the 2nd DCA ruled that the “novel architecture” of the ice cream shop itself could be distracting enough that patrons might be forgiven not noticing/avoiding some hazards as they approach. Continue reading

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Florida no-fault car insuranceFlorida no-fault car insurance law isn’t going anywhere, at least this year. For motorists, that means continued reliance on personal injury protection (PIP) coverage and proof of serious injury before pursuing a fault-based car accident claim against negligent drivers.

Governor Ron DeSantis has vetoed the bipartisan Senate Bill 54, passed by state lawmakers in April. The bill would have rewritten our unique, no-fault state car insurance law and required drivers to obtain new policies by next year.

In a short statement released by the governor’s office, DeSantis, while calling the current law “flawed,” explained he felt the bill failed to adequately address issues faced by Florida drivers and could have adverse, unintended consequences for both consumers and the market.

The veto was a bit of a surprise, given that the bill had strong bipartisan support, passing with little debate several months ago. Supporters  insisted it would reduce auto insurance premiums in a state that consistently ranks within the top five. However, analysis of potential impacts yielded mixed results. Plus, the insurance industry and medical providers came out swinging hard against it.

What Does Florida No-Fault Car Insurance Mean for Motorists?

The effect of the veto is that nothing really changes for Florida drivers, at least not this legislative term. No-fault auto insurance remains in place.

Florida is one of the few states that continues its use of no-fault car insurance, as opposed to a system of fault recognized by many states. Contrary to what some presume by its name, no-fault insurance doesn’t mean no-fault is assigned in the crash. It just means the coverage pays certain damages incurred by insureds upfront, regardless of who was at-fault. Continue reading

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Florida negligent security lawsuitsA popular Fort Myers Beach resort is facing two Florida negligent security lawsuits that allege the property owners did not take the safety of guests seriously.

For those who may be unfamiliar, negligent security is a type of premises liability claim filed in civil court demanding financial compensation if the owner or manager of a property fails to ensure adequate security, putting guests at heightened risk of criminal violence, including shooting, assault, battery and rape.

As our Fort Myers Beach hotel injury attorneys can explain, courts do not expect property owners to see into the future. Instead, they are expected to proactively address any reasonably foreseeable danger to guests. When they do not mitigate those risks or issue warnings, they can be held legally responsible in Florida negligent security lawsuits for breaching the duty of care owed to those harmed in violent acts on site. Continue reading

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Florida boating accidentFlorida is a boater’s paradise, but its waters have also placed plenty in peril. According to the newest statistics released by the Florida Fish & Wildlife Conservation Commission (FWC), the Sunshine State continues to lead the nation both for the most registered vessels and the highest number of reportable boating accidents. In 2020, officials counted a total of 836 Florida boating accident cases, causing 79 deaths (including 5 missing persons presumed dead) and 534 injuries.

These figures represent a surge of boating accidents and deaths at a time when an increasing number of people are taking to the water.

As our Key West boat accident attorneys can explain, lack of boater education is cited as a common thread in many of these cases. About 70 percent of boaters involved in deadly incidents had no boating education. Inattention/failure to maintain proper lookout is also a top cause. Alcohol and/or drug use was cited as a causal factor in about a quarter of all boating deaths. Continue reading

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Florida nursing home injuryPlaintiffs in a Florida nursing home injury lawsuit were awarded $2.5 million against a memory care center found to have been negligent in its care of an elderly patient.

As Naples nursing home injury lawyers, we expect unfortunately to see cases like these increase as the demand for elder care rises and the nursing shortage (exacerbated by COVID) continues.

The U.S. Centers for Disease Control and Prevention reports there are approximately 72,000 people living in Florida nursing homes. That figure is expected to grow as the Baby Boomer generation ages into their 60s and beyond. Consider also the fact that the majority of nursing care facilities are now operated on a for-profit basis, meaning their priority is their bottom line. For-profit facilities tend to have lower rates of staffing and higher injury rates. Continue reading

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Fort Myers wet floor signWet walking surfaces are a top cause of slip-and-fall injuries in Florida. But are businesses required to post a “wet floor” sign to warn you?

A wet floor sign may indeed play a big role in the strength of your case, but the simple answer to the question about whether Florida has a “wet floor sign law” is no.

As a Fort Myers slip-and-fall injury attorney, I have successfully handled many of these premises liability claims. It is important to understand that these cases are often more complicated than they may initially appear. The outcome will depend heavily on the factual circumstances. The presence (or lack thereof) of a wet floor sign is just one of those. Continue reading

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Florida crash injuriesWhen Florida crash injuries are significant and lasting, it is necessary to analyze all potential avenues of financial recovery. In some cases, that may include claims against car manufacturers for dangerous vehicle design. These types of tort claims are referred to as product liability lawsuits.

Allegations in car accident product liability lawsuits often assert that one’s injuries were exacerbated by design or manufacturing flaws that put occupants at unreasonable risk of serious injury or death.

Recently, a Florida family filed a product liability lawsuit against Honda alleging dangerous design flaws that resulted in severe injuries to a young girl who was riding in the third row of her family’s van. The girl’s mother was traveling with her three children one afternoon in August 2019 when they were rear-ended by a Jeep. According to local news reports, the girl, then 7, suffered a traumatic brain injury and broken bones. She has endured numerous hospital stays, surgeries and daily physical, and occupational therapies.

Although the family is pursuing a claim against the driver of the Jeep for negligence operation, claims against the vehicle manufacturer allege strict liability and negligence for alleged dangerous design flaws that reportedly left third row passengers vulnerable to serious injury. Continue reading

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Southwest Florida car accidentThe recent emergency closure of a major national east-west thoroughfare (the I-40 Mississippi River Bridge in Tennessee) due to a critical crack in a bridge beam has drawn attention to the $2.3 trillion infrastructure package proposed by the White House for road renovations nationally. Florida, which was given a C grade for overall infrastructure, has more than 400 bridges and 3,560 miles of highway considered to be in “poor condition.” Although strengthening of infrastructure makes us safer in the long-haul, road construction could well increase Southwest Florida car accident risk in the short-term.

Florida Road Construction Projects

Florida has seen exponential growth in recent years, placing increased burdens on our roadways and traffic infrastructure. The Cape Coral-Fort Myers metro area in Lee County has been among the fastest-growing regions in the country.

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Florida distracted driving accidentsEmployers of motorists who cause crashes while distracted by work obligations may be liable to cover the damages of those injured. Florida distracted driving accidents are on the rise. AAA reports distracted drivers caused the deaths of 3,142 people in the U.S. in a single recent year, an uptick of 10 percent from the year before. In this Florida alone, 258 people died that year as a result of crashes caused by drivers who were distracted. That figure is likely underreported given that not all types of distractions are easily identifiable.

April is Distracted Driving Awareness Month, and traffic safety experts have expressed concern about the still-rising number of crashes, placing significant blame on drivers who aren’t paying attention. “Cognitive overload” after participating in back-to-back videoconferencing, along with atrophied driving skills during the pandemic, was cited by several researchers in a recent NBC News report.

It should be noted that F.S. 316.305 prohibits drivers from operating a vehicle while texting, emailing, reading data, instant messaging, etc. for non-voice communication purposes.

Cognitive distractions after a work-related video conferencing may be a very real problem for drivers, but the question in terms of potential legal liability for the employer will be whether the driver was acting in the course and scope of employment at the time of the collision. Continue reading

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Contact Information
Main Office
4280 S Cleveland Ave
Fort Myers, FL 33901
Phone: 239.277.0005 Fax: 239.277.0004 Toll Free: 800.977.7017
Naples Office
2671 Airport Pulling Rd S
#302
Naples, FL 34112
Phone: 239.267.5657 Fax: 239.277.0004
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317 Whitehead St
Key West, FL 33040
Phone: 305.791.6555
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We serve clients throughout Southwest Florida including those in the following localities: Lee County including Bonita Springs, Cape Coral, Estero, Fort Myers, Fort Myers Beach, Lehigh Acres, and North Fort Myers; Collier County including Golden Gate, Immokalee, Marco Island, and Naples; and Monroe County including Key Largo, Key West, and Marathon.

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