Motor Vehicle Accidents

West Palm Beach Car Accident Attorney Fees When Insurers Reject Fair Settlements

November 7, 2023 | by David J. Halberg, Esq.

Dealing with insurance companies can be a pain, as anyone who’s ever been in a South Florida car accident knows. Lawmakers recognize it too. That’s why there are legal protections in place to ensure fair play. Insurers are legally bound to act in good faith when handling claims. When they don’t, courts can impose financial sanctions. hands of attorneys, seated at a table with hands on documents as they negotiate; a gavel and justice scales are on the table

One example of bad faith insurance is when an auto insurer rejects a fair settlement offer in a pending lawsuit. As our West Palm Beach car accident attorneys can explain, if the case proceeds and the plaintiff wins a judgment totaling 25 percent or more than the settlement offer, the court can order the insurer to pay the plaintiff’s attorney’s fees.

Few things to note: Plaintiffs don’t pay West Palm Beach car accident attorneys’ fees upfront. These services are provided on a contingency fee basis, meaning we aren’t paid unless or until you win. Our fee is derived as a percentage of the amount you win. But when a defendant is required to pay attorney’s fees, it means the plaintiff keeps the entire damage award and the defendant covers our fees. Insurers would obviously rather avoid that outcome.

In a recent case dealing with this issue, Florida’s 2nd District Court of Appeal held that an auto insurer’s long-delayed payment of UM policy limits – after rejecting an earlier lower settlement offer by the plaintiff – amounted to a “confession of judgment” that can be used as grounds to justify an order for the insurer to pay the plaintiff’s attorney fees. Continue reading

Hiring a Palm Beach Injury Lawyer Key to Full & Fair Crash Compensation

September 5, 2023 | by David J. Halberg, Esq.

In the aftermath of a Southeast Florida car accident, there’s no requirement that you MUST hire a Palm Beach personal injury lawyer with a claim for damages. But there is strong statistical evidence that doing so will significantly improve your odds of prevailing with full and fair damages. Palm Beach injury lawyer

One analysis published by the Insurance Research Council a few years ago revealed lawyer-represented crash victims received damage awards that were on average 3.5 times higher compared to those who didn’t hire a lawyer.

This supports much of the previously-established data on this issue.

In a 2010 empirical evidence study published in the peer-reviewed Seattle Journal for Social Justice, researchers conducted meta analysis of other studies dating back decades on how access to a lawyer impacts the outcomes of civil cases – including personal injury claims. What they found was:

In every study reviewed, “lawyered-up” claimants were far more likely to win. (Exactly how much more likely varied from study-to-study, with most ranging somewhere from 20 percent higher to 4 times higher.) Part of this might be explained by the fact that civil lawyers tend to take on more meritorious cases. But then again, that’s one of the many benefits you get with hiring a Palm Beach injury lawyer: Confidence that you aren’t wasting your time because you’ve got a case worth pursuing.
To minimize the influence of the merit-based argument, another study involved civil lawyers providing their services at random to a group of sample litigants. The outcomes in their cases were then compared to those of similarly-situated (but non-represented) litigants. Those who had lawyers were 4.4 times more likely to win than those who represented themselves.
Another analysis concluded that in higher complexity civil cases (including serious personal injuries, medical malpractice, and wrongful death), plaintiffs represented by attorneys were 40 percent more likely to win.

Why Does Hiring a Palm Beach Injury Lawyer Make Such a Difference?

Some of the researchers’ theories about why hiring a lawyer makes such a difference in case outcomes: Continue reading

11th Circuit: Insurer Should Pay UM Injury Claim for Florida Scooter Accident

August 25, 2023 | by David J. Halberg, Esq.

Despite the fact that an electric scooter does not meet the technical definition of a “motor vehicle” by Florida law, the U.S. Court of Appeals for the 11th Circuit held that does not exempt an auto insurer from having to payout uninsured motorist (UM) benefits. West Palm Beach injury lawyer electric scooter injury

The court’s recent ruling in State Farm v. Spangler reversed the trial court’s previous grant of summary judgment in favor of the insurer.

The car insurance company had argued that its uninsured motorist policies were reserved solely for accidents caused by motor vehicles – which are defined in Florida’s Financial Responsibility Law as well as in the uninsured motorist statute.

New Law Makes Winning Florida Motorcycle Accident Claims Harder for Helmetless Riders

June 12, 2023 | by David J. Halberg, Esq.

Winning a Florida motorcycle accident claim just got harder for helmetless riders – even when the crash isn’t their fault. This is thanks to a sweeping Florida tort reform measure that shifted the way our courts hold negligent drivers accountable. West Palm Beach motorcycle accident lawyer

To be clear, Florida’s motorcycle helmet law remains unchanged. F.S. 316.211 allows adults over 21 with at least $10,000 in medical insurance benefits for self-sustained injuries to operate or ride on a motorcycle without a helmet.

The issue is the passage of Florida HB 837 and companion bill SB 236, which changed Florida from a state that follows a fault system of pure comparative negligence to one of modified comparative negligence with a 51 percent bar.

In layman’s terms: More than one person can be at-fault for an accident that results in personal injuries. A pure comparative negligence is a system of fault whereby everyone is financially responsible for their own share of the blame in an accident. So if you’re 35 percent at-fault for your own injuries, you can still sue the other person at-fault to collect on the remaining 65 percent. With pure comparative fault, you can be 99 percent liable/legally responsible for your own injuries, and still collect the remaining 1 percent from the other at-fault party. (That’s an extreme case that certainly isn’t ideal, but you aren’t prohibited from collecting damages inflicted by someone else’s wrongdoing just because you were also responsible.) Florida – up until March 2023 – adhered to a system of pure comparative fault for accidents and personal injuries.

HB 837 transformed Florida into a state that adheres to a system of modified comparative fault with a 51 percent fault. This means you can still hold the other negligent person accountable for their share of fault, even if you’re to blame – but only if your percentage of the fault doesn’t exceed 50 percent. If your share of legal responsibility is 51 percent or higher, you are not able to collect anything at all – even if they are 49 percent responsible.

Now, this impacts ALL motorists in Florida. However, it will have an outsized impact on motorcyclists who don’t wear helmets. The reason? Continue reading

Florida Bicycle Accident PIP Claim Denied for Failure to Submit Timely Information

April 19, 2023 | by David J. Halberg, Esq.

If you’re ever in a South Florida bicycle accident with someone driving a car, one avenue through which you might obtain compensation is through your own personal injury protection (PIP) insurance that you purchase as part of your regular car insurance. As our Palm Beach personal injury lawyers can explain, PIP can be applied in bicycle accidents – even if you weren’t driving – so long as the incident occurred in traffic. Technically, bicyclists aren’t required to carry any insurance at all in Florida. However, it’s a good idea – particularly if you enjoy road cycling. And if you have a car, it’s easy, as PIP (which can be paid regardless of fault in the accident) is already required coverage for registered motor vehicles in the state. However, any PIP claims must be accurately and timely filed. Palm Beach injury lawyer

Underscoring this point was a case last year before Florida’s 5th District Court of Appeals.

In the matter of USAA Casualty Insurance Co. v. Mikrogiannakis, a bicyclist was struck by a car in Seminole County (Central Florida), and sought medical treatment for his injuries. During that initial visit, his registration form listed his contact information and the name of his personal injury lawyer – but not the name and address for a PIP insurer. That field had been left blank. Over the course of several months, he continued to receive medical treatment from that same provider.

Roughly 18 months after administering these treatments, the medical provider began submitting claims to USAA, the bicyclist’s PIP insurer. However, USAA denied the payments, citing failure to comply with F.S. 627.736(5)(c). The statute is extensive (which is why we recommend consulting with a personal injury lawyer if you aren’t sure of your rights), but that provision in particular refers to the requirement that any bills for emergency services or care must be submitted to the PIP carrier within 35 days (possibly for treatment rendered up to 75 days). The bills in this case weren’t submitted for a full 18 months. Continue reading

Delay Post-Crash Recorded Statements Until Consulting With Palm Beach Injury Lawyer

March 4, 2023 | by David J. Halberg, Esq.

If you’ve ever been involved in a South Florida car accident, you know the incident must be reported right away to the insurer. It’s not uncommon for insurers to request you provide a recorded statement. In some cases, they’ll insist they can’t process a claim until you do so. However, if your injuries were serious enough to require a hospital stay and time off work, it’s a good idea to hold off on this “requirement” until you’ve spoken to a West Palm Beach injury lawyer.

There are two main reasons for this:

Anything you say has the potential to be used against you. A recorded statement locks you into a specific narrative. This is not to say you need time to cook up a story or lie (you absolutely should not). However, moments of high-stress and pain could cloud your memory. If the recorded statement you give doesn’t match precisely with testimony given during deposition and/or trial, the insurer can use this to attack your credibility – which is exactly what they want.
You may not be required to. If you’re dealing with a third-party insurer, you are likely under no obligation to provide a recorded statement. If your car accident injuries are serious enough that you’re engaging with a third-party insurer outside Florida’s no-fault system, you should probably be working with a lawyer who can advise you of this anyway. If you’re negotiating with your own insurer for personal injury protection or uninsured/underinsured motorist coverage (the latter of which you should definitely have a lawyer for), you might be contractually obligated to provide a recorded statement to the insurer. But it really depends on the details of the policy language. Don’t just trust vague assertions like, “we can’t process the claim until you give a recorded statement.” Such claims don’t prove you are required, and they’re intended to intimidate you into voluntarily providing recorded evidence. These questions may be designed to trip you up, and the way you answer can determine whether your claim is approved or denied. Talk to a Palm Beach car accident lawyer first.

This and similar issues have arisen before in Florida courts. In late 2006, Florida’s 4th District Court of Appeal sided with a crash survivor who argued he wasn’t required to give a recorded statement to the insurer – despite the insurer’s firm insistence.

According to court records in Arias v. Affirmative Insurance Company, plaintiff was injured in a West Palm Beach car accident and required medical care as a result. He notified his own insurer so that he could obtain personal injury protection (PIP) coverage, pursuant to F.S. 627.736. The insurance company requested the claimant appear in person for an examination under oath, with statements to be transcribed by a court reporter. The claimant was smart and contacted his lawyer before deciding what to do. Continue reading

Can I Still Sue for a Florida Motorcycle Accident if I Was Partly At-Fault?

February 15, 2023 | by David J. Halberg, Esq.

Palm Beach motorcycle accident lawyer When it comes to pursuing financial compensation for motor vehicle crashes, those involving motorcycles are unique in several respects. But one thing that is the same whether we’re talking about a Florida motorcycle accident or a car accident is that you can still recover monetary damages even if you were partly to blame.

As our Palm Beach motorcycle accident lawyers can explain, it comes down to a legal doctrine called pure comparative fault (also sometimes referred to as pure comparative negligence or contributory fault).

Outlined in F.S. 768.81, the idea is basically that someone whose negligence causes injuries should only be financially responsible for their own percentage of fault. Lots of Florida crashes involve multiple negligent parties responsible by varying degrees for what happened. When there are multiple defendants, each one might be assigned only a portion of the blame – and they’re only liable to cover their fair share of the damages. If it’s the plaintiff who is partly to blame for the accident or exacerbating the injuries, their payout will be reduced in proportion to their own fault.

While lots of other states cut off the possibility of a payout if a plaintiff is somewhere between 49%-51% responsible for their own injuries, Florida (currently) doesn’t have any such rule (though state lawmakers have been considering enacting one at the behest of insurance lobbyists).

That means that if you’re injured in a South Florida motorcycle accident and it was 99% your fault, you can still collect 1% damages from the other at-fault party. Of course, that’s not an ideal outcome. Let’s say your damages were $100,000 and you can only collect 1% of damages. That’s only $1,000 – probably not worth the trouble of pursuing a claim. But this shows why the question of comparative fault is so fiercely contested in crash cases.

Florida Motorcycle Accident Statistics

South Florida has long been a popular destination for bikers, particularly with annual events like Bike Night Broward, Daytona Bike Week, Palm Beach Bike Week, etc. But the state has also historically had some of the highest rates of fatal motorcycle accidents in the country.

According to the Insurance Information Institute, motorcycle accident deaths are 29 times more common than those involving car occupants (when factoring vehicles miles driven). Motorcyclists just don’t have the same physical protection as others on the road, and they’re less likely to be seen and respected by other drivers. They’re also more susceptible to weather and road conditions, though the majority of fatal motorcycle crashes occur when the weather is reported as “clear.”

In 2020, nearly 5,600 people died in motorcycle crashes throughout the country, accounting for 14 percent of all motor vehicle deaths. In Florida, there were 550 motorcycle accident deaths reported in 2019. There are 590,000 registered motorcycles in Florida – not to mention that hundreds of thousands of tourists flock to the Sunshine State annually specifically for the great weather and long, flat stretches of open road.

According to an analysis by the U.S. Department of Transportation, motorcycle crash causation factors include:

Roadway design or maintenance issues
Unsafe acts by the motorcycle operator
Other drivers operating too close to motorcycles
Alcohol impairment (both in motorcyclists and other drivers)
Motorcyclist inexperience
Other drivers’ inattention (70 percent involved an inadequate visual “traffic scan” by the other driver)

Special Considerations for Florida Motorcycle Injury Claims

The Stunning Scope of Florida Car Accidents’ Societal Costs

January 5, 2023 | by David J. Halberg, Esq.

In many ways, the true impact of Florida car accident losses is immeasurable. After all, how can one possibly quantify the death of a loved one? Or the crushing reality that permanent injuries have forever foreclosed on the possibility of doing things that once gave you so much joy? Palm Beach car accident lawyer

But when we do look strictly at those black-and-white numbers, the staggering ripple effect of Florida car accident losses is thrown into stark relief.

Almost 3,400 people die in Florida car accidents annually, according to the Florida Department of Highway Safety and Motor Vehicles. Another 250,000 are injured. If we’re solely focused on medical costs incurred as a direct result of Florida car accidents, it’s a $46 million price tag every year (per the CDC). Work loss costs? $4.35 billion.

Broadening that scope, the National Highway Traffic Safety Administration (NHTSA) just released a new 300-page report that examined the full scope of costs for traffic crashes across the U.S. in a single year.

Among their findings:

36,500+ people died.
4.5 million+ people were injured.
23 million+ vehicles were damaged.
$340 billion+ is the cost America as a whole pays for motor vehicle crashes. This includes medical bills and work loss, but also taxes, congestion-related costs, excess fuel consumption, insurance premiums, emergency services costs, legal and court costs, lost productivity. $55 billion of that is in medical bills and lost wages alone.
That $340 billion breaks down to $1,035 for every person currently living in this country.
$1.4 trillion+ is the cost America pays for motor vehicle crashes when quality of life valuations are considered.

Quality of life valuations are the consideration of the cost when a serious injury or death means that no amount of medical care is going to fully restore the victim. Those who have died – they’re robbed of the entire rest of their lives. Their surviving loved ones will be impacted the rest of their lives as well. Even for those who survive, sometimes there can be lifelong disabilities, physical pain, disfigurement that sometimes prevents them from being independent in even the most basic life functions. Continue reading

“What Should I Do if At-Fault Driver in a Broward Car Accident Offers Me Money?”

November 10, 2022 | by David J. Halberg, Esq.

No one sets about their day intending to be involved in a car accident – which is why those involved often appear shell-shocked at the scene. Unfortunately when you’re not thinking clearly, it can lead to mistakes that have larger consequences. One such possibility in Broward car accident cases is accepting money on-the-spot from the at-fault driver. Broward car accident lawyer

There are many reasons why this is bad idea.

Our South Florida personal injury lawyers understand it can be tempting, especially if you don’t think you’re hurt badly and your car seems mostly fine. But it’s important to think about why someone would offer you cash or try to arrange for private payment on-the-spot. There are several possibilities – none of them beneficial to the injured or wronged party.

Why Would a Driver At-Fault Offer Cash at a Broward Car Accident Scene?

If someone offers you cash at a crash scene, that should immediately raise some red flags. To be fair, there is nothing illegal about a driver offering you a cash settlement right away, but it’s highly suspicious.

Among the reasons a negligent driver might be eager to settle matters immediately:

They don’t want their insurance premiums to spike. This is understandable, and all of us can empathize. After all, even the driver who’s not at-fault may see a slight uptick in their premiums after a claim. But the main problem with this is that you simply do not know the full scope of your property damages and/or injuries in the middle of that moment. If you accept a cash offer in exchange for not reporting the incident or exchanging information, you could be effectively foregoing whatever chance you may have had to be fully compensated.
They are uninsured or underinsured. In these situations, the at-fault driver may be concerned about statutory penalties, as Florida imposes a fine of between $150 to $500 for driving uninsured. Or they may be concerned that legal action could result in direct legal action against them that could lead to wage garnishment, etc.
They want to avoid the accident becoming part of their driving record. This may be understandable, but consider that if their existing driving record has them so concerned about a few more points, it may be in the best interests of all road users if they’re held to account.
They have a suspended license. In Florida, per F.S. 322.34, driving with a suspended license – or one that is revoked, canceled, or disqualified – is a second-degree misdemeanor, punishable by up to 60 days in jail and a $500 fine. Penalties can be even more serious if it’s a repeat offense. Not only that, but if their license is suspended, they also are likely not insured.
They are under the influence of drugs or alcohol. Driving under the influence (DUI) is a crime on its own, but the punishment increases if they’re impaired and cause an accident – especially if someone is injured. They may make a compelling case in the moment about what they have to lose if you summon authorities, etc. But consider that statistically speaking, the average drunk driver has driven impaired 80 times before their first arrest, according to Mothers Against Drunk Driving. They are a danger not only to themselves but to others with whom they share the road, and even if you’re physically Ok, the next person who encounters them may not be so fortunate.
They want to avoid paying more in a legal claim. As mentioned before, it’s almost impossible for crash victims at the scene to accurately tally the full scope of damages. But there is a good chance that whatever they are offering upfront in cash is less than what you’d likely receive if you’re filing a claim.

Risks You Run Accepting Cash at a Florida Crash Scene

Distracted Rideshare Drivers Can Cause Deadly Florida Car Accidents

October 20, 2022 | by David J. Halberg, Esq.

We all know distracted driving is deadly, claiming more than 3,100 lives a year, according to the NHTSA. And yet, rideshare drivers have something of a built-in distraction with the need to multitask on the road. They rely on a driver app that must be checked constantly for customers, directions, mileage, and payments. West Palm Beach car accident lawyer

A precedential South Florida product liability lawsuit slated for an upcoming trial alleges a ridesharing app creates an unreasonable danger that puts the public at risk of injuries. Although the case stemmed from a South Florida car accident, it’s filed as a product liability lawsuit on the basis of strict liability. In the legal world, a personal injury lawsuit alleging strict liability allows a defendant to be held legally responsible for the outcomes of their actions – regardless of whether the person was at-fault or negligent.

The upcoming Florida rideshare injury lawsuit, pending in the Palm Beach Circuit Court, accuses Lyft, a California company, and its Florida subsidiary, of creating/using an app is unreasonably dangerous and distracts drivers to the extent it causes crashes. In this particular case, the January 2019 crash on State Road A1A resulted in another driver suffering substantial and lasting brain injuries. The victim was leaving work at a local resort when the Lyft driver allegedly struck her at an intersection. She spent more than a month in the hospital after the crash, and for a time after that, required 24-aid and attendant care. She also underwent extensive occupational therapy, physical therapy, and other specialty care.

Hertz is also named in the injury lawsuit, as a partnership between Lyft and Hertz allows rideshare drivers to rent Hertz rental cars for their rides.

The original complaint notes that drivers are required to constantly monitor their apps for financial gain (obtaining rides that generate revenue). In addition to a claim of strict liability defective design, plaintiffs allege direct negligence in hiring an independent contractor.

Are Florida Rideshare Drivers Inherently More Distracted?