Florida’s Free Kill Law Survives Again
For the second year in a row, the Florida House voted to repeal the state’s so-called Free Kill law, and for the second year in a row the repeal did not become law. The measure cleared the House in January and then stalled in the Senate, where it died in March. For families who lost […]
Civil Claims After an Infant Brain Injury
A Volusia County father was recently charged with aggravated child abuse after investigators concluded his seven-month old son suffered bleeding on the brain consistent with violent shaking. The child needed emergency surgery. Criminal charges answer one question, but they do nothing to pay for the years of care that a brain injured infant may need. […]
The Warning Shot Insurers Must Receive First
A Required First Step Many Policyholders Never Learn About Florida law requires a specific procedural step before a policyholder can sue their insurance company for bad faith, a requirement that catches many people off guard. Understanding this process matters for anyone in Miami dealing with an insurer that has denied, delayed, or underpaid a legitimate […]
Florida’s No Free Bite Rule for Dog Owners
A Rule That Surprises Many Dog Owners Florida takes a stricter approach to dog bite liability than most other states, one that eliminates a common defense many dog owners assume protects them. Understanding this framework matters for anyone in the greater Fort Lauderdale area injured by a dog bite. Many injured victims assume a first-time […]
Why One Point of Fault Can Matter
Florida Changed Its Fault Rule in 2023 Reviewed by Andrew Needle and Andrew Ellenberg For fifty years, Florida let an injured person recover damages no matter how much of the accident was their own fault, a system courts had upheld for decades. That changed with House Bill 837. Under Florida Statute Section 768.81, a person […]
The 90-Day Wait Before Filing Suit
Florida Requires an Investigation Before a Lawsuit Reviewed by Andrew Needle and Andrew Ellenberg Medical malpractice claims in Florida cannot go straight to a courtroom. Under Florida Statute Section 766.106, a claimant must send a notice of intent to the prospective defendant before filing suit, and the defendant then has 90 days to conduct a […]
Orlando Birth Injury Negligence Cases
Not all birth injuries result from negligence. Some complications arise despite proper medical care. But a significant number of birth injuries that occur in Orlando hospitals and delivery rooms are the direct result of medical errors that proper training, monitoring, and decision-making would have prevented. Understanding how medical negligence during labor and delivery causes birth […]
What Insurance Bad Faith Means in Miami, FL
Florida disability insurance is supposed to provide income replacement when an illness or injury prevents someone from working. When an insurer fails to honor that obligation, whether by denying a valid claim, delaying payment without justification, or misrepresenting policy terms to avoid paying, that conduct may constitute insurance bad faith. For Miami residents dealing with […]
Airbag Injury Claims vs. Car Accident Claims in Florida
A car accident involving a defective airbag can give rise to two distinct legal claims at the same time. The first is a negligence claim against the driver who caused the collision. The second is a product liability claim against the manufacturer of the airbag system. These claims are not mutually exclusive, and in many […]
Child Window Falls in North Miami Beach
Reviewed by Andrew Needle and Andrew Ellenberg A fall from a window can change a family’s life in seconds. In North Miami Beach, an 8-year-old girl was hospitalized after climbing out of her apartment window toward a balcony. Cases like this raise hard questions about how the injury happened and who may be responsible. What […]