Champlain Towers Collapse Prompts Stricter Rules For Associations And More Routine Building Inspections

Since the Champlain Towers collapse in June 2021, cities, counties, states, and even the federal government are examining the rules and regulations regarding building inspections and consequences for code violations. The Champlain Towers collapse stands as one of the deadliest in the nation, with 98 people killed. Efforts to reform maintenance and inspection policies are ongoing and will undoubtedly be subject to change. However, a grand jury in Miami Dade county has taken up that issue with recommendations to improve the state of affairs. 

Hiring A Personal Injury Attorney In Florida

Your rights and interests matter, regardless of the size of your personal injury case. In many personal injury cases, opposing counsel will engage in tactics to reduce or completely deny your recovery. In these cases, it is important to hire a personal injury attorney. An experienced personal injury attorney will recognize the tactics and navigate them to help you receive the compensation you deserve. The attorneys at Koberlein Law Offices are familiar with personal injury cases and the tactics that come along with them. Koberlein Law Offices will use their extensive personal injury knowledge and experience to work for you. To learn more or to schedule an initial case consultation, call us or visit us at our website, www.klo-attorneys.com.

Champlain Tower South Collapse 

On June 24, 2021, Champlain Towers South collapsed, leaving 98 dead in its wake. Following the collapse, search and rescue efforts lasted for weeks. The collapse also resulted in the initiation of multiple federal and state investigations along with a host of civil lawsuits. The sudden collapse of Champlain towers South was a substantial wake-up call. The area is no stranger to infrastructure failures that prompt swift policy change. In 1974, a building occupied by the Drug Enforcement Agency in downtown Miami collapsed, killing seven people. After that collapse, Miami-Dade revised its recertification period from 50 years to 40. However, several decades after that tragedy, disaster struck again with the Champlain collapse. As a result of this most recent collapse, the city empaneled a grand jury to assess policies relating to building recertification, inspections, and more. 

Grand Jury Functions

In Miami-Dade, grand juries serve two functions: issuing indictments for first-degree murder cases and exploring public health and safety issues. In the present case, the grand jury’s primary focus has been on addressing public health issues related to buildings, especially condominiums. In this case, the grand jury’s purpose was to assess available evidence and information and to provide recommendations concerning inspections and safety regulations. In most cases, including this one, the grand jury has the power to issue criminal indictments. While the grand jury retained indictment power, the grand jury focused on policy and procedure recommendations. However, if after federal investigations have concluded the Florida state attorney’s office decides that criminal charges are warranted, those indictments may still occur.

Grand Jury Recommendations

After assessing information and reviewing current building inspection and maintenance procedures, the grand jury provided several recommendations to prevent future building collapses in the Miami-Dade area. The recommendations included:

  • Painting or waterproofing building exteriors at least every ten years,
  • Condo associations should be required to certify maintenance reports for components involving structural integrity of the building once a year, and
  • Building maintenance should be addressed before the 40-year recertification period to minimize repair costs.

Recommendations And Reforms

The recommendations given by the grand jury are preliminary. Although the collapse occurred in June, the investigation into the causes and effects of the incident is ongoing. It may be some time before this tragedy ends. While it is unclear if the grand jury’s recommendations are considered, they serve as a sign of changes yet to come.

Florida Personal Injury Attorneys

Personal injury cases can be hard to understand. It is vital that you receive the help and compensation you deserve after being injured. Hiring an experienced personal injury attorney will help you understand your case and give you the peace of mind that someone is fighting hard to protect your interests. To learn more or schedule your free initial case consultation, contact Koberlein Law Offices toll-free at 877.556.2889 or visit us at our website.

 

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Florida No-Fault Car Insurance Requirements

In Florida, there has been a movement for some time to remove no-fault car insurance requirements for motorists in favor of fault-based car insurance. The campaign continues. A majority of the states, apart from a few exceptions, currently rely on fault-based insurance to determine and resolve automobile accident claims. While the push to change car insurance requirements failed this year, the issue will no doubt return. In the meantime, no-fault car insurance requirements remain. This article will discuss what no-fault insurance is, what keeping the Florida no-fault insurance law means for you, and how to recover damages if you have been involved in a vehicle accident in Florida.

Automobile Accidents In Florida

From vehicle damage to long-lasting physical harm, the aftermath of an auto accident can be costly. When you have to go to your insurance to cover your injuries or even sue the other party in the accident, the legal proceedings can be an uphill battle. Insurance companies have massive teams of lawyers whose goal is to limit what they payout to you. Additionally, depending on the other party in the accident, like a trucking or delivery company, you may face another team of high-powered lawyers intent on denying your compensation. 

Facing this situation alone is scary, but you are covered with an experienced auto accident attorney. At Koberlein Law Offices, our auto accident attorneys have the experience and know-how to help you achieve the best result in your auto accident case. Koberlein Law Offices knows the tactics that insurance companies and opposing parties use to diminish or deny you the compensation you deserve, and we know how to navigate around those pitfalls. If you have been involved in an automobile accident in Florida and need representation, call us toll-free at 877.556.2889 or visit our website to schedule your initial case consultation today.

What Is No-Fault Automobile Insurance?

No-fault automobile insurance is a kind of insurance policy where, in an accident, both parties seek compensation for damages from their own insurance companies instead of each other. In most states, insurance is fault-based. This means that the insurance companies for the parties involved in an automobile accident will perform their own investigations and seek compensation from the driver who caused the crash. Your insurance company will often demand that the other party’s insurance company cover your damages rather than your insurance company covering those damages. The purpose of no-fault insurance is to encourage motorists to have insurance and, because there is “no-fault” assigned in the accidents, any damage the people in the accident suffer is meant to be addressed without any disputes between opposing insurance companies. When first introduced, no-fault vehicle insurance’s purpose was to relieve stress on the civil court system by avoiding claims for minor injuries going to court. 

What Are The Drawbacks Of Florida’s No-Fault Automobile Insurance Laws?

As with other plans or laws, there are issues with no-fault automobile insurance. Some of these issues could be solved, but the rest are unique to no-fault automobile insurance requirements.

No-Fault Automobile Insurance May Not Cover All Of Your Damages

In Florida, drivers purchase personal injury protection or PIP insurance. This insurance covers damages resulting from an accident up to $10,000 for medical and funeral costs. In some cases, $10,000 worth of coverage is enough to cover that medical care or any other related consequence of the accident. However, $10,000 is nowhere near enough to resolve those issues in many circumstances. Depending on the circumstances and the severity of the accident, $10,000 may cover only a portion of your damages. Even with medical insurance, medical care can be incredibly costly, reaching into the hundreds of thousands of dollars depending on the nature and seriousness of your injury. 

If this is the case, you may be required to sue the other participant in the accident to recover those amounts. If your damages exceed the $10,000 limit in Florida, you must meet the “serious injury threshold” to bring a negligence claim against the other driver or party. This process requires you to sue the other party in court to compensate for your injuries. There is no guarantee that your case will be successful when going to court. Further, you have to pay additional costs to bring your dispute to court.

PIP Compensation Is Not Guaranteed

One of the most significant complaints with PIP insurance is the inconsistency in compensation. In the event of an accident, PIP insurance providers might not readily provide you with your coverage benefits. While insurance companies offer a valuable and vital service, they are still a business. Insurance companies often employ any defense or tactic to minimize the payout for coverage to protect their business. 

Automobile Accident Litigation Still Occurs

Even if you have the necessary no-fault insurance, you may still be required to sue for compensation. While one of the main goals of no-fault automobile insurance is to reduce court involvement, legal action is often still necessary, depending on the circumstances of the accident.

Hiring A No-Fault Automobile Insurance Attorney In Florida

Florida’s no-fault car insurance requirements can seem complex and may significantly affect your auto accident case. If you have been involved in an accident in Florida because of someone’s negligence, it is crucial you receive the compensation you deserve. The damages in auto accidents can reach many thousands of dollars, and current insurance requirements might not be enough. At Koberlein Law Offices, our skilled and experienced personal injury attorneys know how to fight on your behalf to get you the compensation you deserve. The attorneys at Koberlein Law Offices are ready to represent you in your case. Call us toll-free at 877.556.2889 or visit our website to schedule your initial case consultation.

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Florida Truck Accidents And Setoffs

Semi-truck accidents in Florida can be particularly devastating. Due to the size of the trucks and often the weight of their cargo, the effects on other drivers can be severe and sometimes even deadly. Because the impact of a truck accident is often so significant, trucking companies may not have the insurance necessary to cover all the substantial costs of the accident. Those who have been injured or have lost property may seek underinsurance benefits from their own insurance companies. In these cases, a defendant may argue their court-ordered obligation should be reduced because the plaintiff’s harm has already been addressed in whole or in part. In Ellison v. Willoughby, the appeals court addresses what qualifies as a collateral source in settlements.

Ellison V. Willoughby

Case History

Randy Willoughby (Willoughby) was a passenger in a vehicle t-boned by a truck driven by the appellant, Alberta Ellison’s (Mrs. Ellison) husband. Willoughby suffered severe injuries from the accident with the truck. Willoughby sued both Mr. and Mrs. Ellison for negligence. While Mrs. Ellison was not driving the truck at the time of the accident, she was included in the lawsuit because she co-owned the vehicle with Mr. Ellison. In the same case, Willoughby also brought a claim against his uninsured driver insurance company, 21st Century Centennial Insurance Company (21st Century), for uninsured driver benefits and damages for not attempting good-faith claims settlement under Florida law.  

Willoughby and 21st Century reached a settlement in which 21st Century agreed to pay Willoughby and counsel $4 million. The agreement specified that about $1.753 million of the total settlement amount was for damages for Willoughby’s personal injury and that that amount did not release any other company from liability for his injuries. After settlement with the insurance company, Willoughby dismissed his claim against 21st Century and dropped his negligence claim against Mr. Ellison, the truck driver. 

After Willoughby intentionally dismissed the insurance claim and negligence claim against Mr. Ellison, his claim against Mrs. Ellison remained. About four years after the other claims were dismissed, Mrs. Ellison admitted liability for Willoughby’s injuries and agreed that his past medical expenses were approximately $147,000. After a jury trial, the jury awarded Willoughby $30,101,599 for future medical expenses, lost earnings, and pain and suffering. 

After the jury award, Mrs. Ellison brought a motion for a setoff of the 21st Century settlement award. Mrs. Ellison argued that the $3.99 million awarded to Willoughby—the total settlement amount minus uninsured driver insurance policy limits—in the settlement with 21st Century was subject to setoff. Mrs. Ellison argued that this amount could be set off under Florida law because the settlement amount was a collateral source. Further, Mrs. Ellison argued that the setoff was proper because the 21st Century settlement had fully addressed Willoughby’s damages. For Willoughby to receive more money from Mrs. Ellison would constitute a “windfall,” she argued. In response, Willoughby argued that the settlement amount was not subject to setoff because 21st Century and Mrs. Ellison were not connected parties in liability. Willoughby had involved both the insurance company and the Ellisons in the case; however, the claims against the two were separate. Additionally, Willoughby argued that the settlement was not subject to setoff because uninsured driver insurance settlement awards are a collateral source.

Appeals Court Decision

At the beginning of the case, the appeals court established that one of the issues in the case was a matter of first impression, meaning that the issue was critical and had not been handled by the court before. Because the issue was so important, the appeals court only offered analysis and submitted the issue to Florida’s highest court to decide.

Joint Liability

While the appeals court preserved the issues for supreme court review, they still analyzed the law and merits of Mrs. Ellison’s claims. Mrs. Ellison argued that the 21st Century settlement amount was subject to setoff because the settlement was a “partial satisfaction” of his damages. However, the appeals court notes that setoffs will only apply when the partial satisfaction of claims reduces the amount owed from co-defendants, or two parties who are jointly liable for the plaintiff’s harm. The appeals court specified that 21st Century and Mrs. Ellison are not co-defendants. Florida law establishes that setoff is only applicable when there are “other tortfeasors who are liable for the same injury as the settling party.” While both 21st Century and the Ellisons were included in the complaint, the appeals court distinguishes that 21st Century, while a settling party, was not responsible for the underlying automobile accident event that initiated the case.

Uninsured Driver Insurance Settlements As Collateral Sources

The appeals court looked to Willoughby’s portion of the settlement on the collateral sources argument. The $1.75 million to Willoughby was for damages for personal injuries or sickness. The appeals court notes that this settlement amount was for compensation for medical expenses and not collateral. On the issue of “windfall,” the court relies on the underlying collateral rule principle “that it is better for the wronged plaintiff to receive a potential windfall than for a tortfeasor to be relieved of responsibility for the wrong, particularly in the case of UM insurance since the insured procured the insurance.” While the appeals court provided analysis on the case, the appeals court submitted the issue of whether settlement payments from uninsured driver insurance to settle a bad-faith claim is subject to setoff or is a collateral source. 

Florida Truck Accident Lawyers

Find out more about your legal rights as a truck accident victim by talking to a Florida personal injury attorney. They can bring you up to speed on truck accident insurance claims and lawsuits and provide guidance on how to proceed. At Koberlein Law Offices, our experienced truck accident attorneys are ready to help you get the maximum compensation for the harm that you suffered. We will take the time to understand your situation, advise you about your options, and fight on your behalf to get you financial relief and justice. To get in touch with a Koberlein Law Offices attorney, call us toll-free at 877.556.2889 or contact us online.

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Local Liability For Injured Subcontractors In Florida

Construction is a massive business in Florida. Whatever the reason for the construction, these projects require contractors and other workers to get the job done. There are laws on the local, state, and federal levels regarding worksite safety that affect you as a general contractor. If something goes wrong and a subcontractor is injured, you could be held legally responsible for their injuries. In these circumstances, you as a general contractor must know the rules and regulations for the location where you are performing a job to protect yourself from liability and the workers from harm.

Local Government And Personal Injury Lawyer

Even if you do everything right at a job, accidents still happen. To protect yourself before, during, and after accidents happen, it is crucial to have an attorney who understands the law at every level, from federal to local, to represent you. When you need representation, experience matters. The skilled personal injury attorneys at Koberlein Law Offices have the knowledge and experience you need to present the best defense. If you have a pending personal injury case involving a subcontractor or want to know more about the law, call us toll-free at 877.556.2889 or visit our website to schedule your initial case consultation. 

General Contractor Liability For Subcontractor Injuries

In the construction business, there are countless ways that you can get hurt while working a job. Depending on the kind of job, the severity of injuries you could sustain can vary widely. Florida law requires that general contractors and subcontractors have workers’ compensation insurance. If an injury does happen at the worksite, even if the contractor or subcontractor caused their own injury on the job, they will still be eligible for workers’ compensation benefits. Even when workers’ compensation covers the worker, liability remains a primary issue.

Subcontractor And Contractor/Employee Insurance And Liability

When a worksite injury occurs, the first thing that happens is that the parties involved begin to assign blame for the injury. This process worsens when the injured subcontractor or contractor does not have the legally-required workers’ compensation insurance. Even though it is illegal in Florida for contractors and subcontractors to operate without holding workers’ compensation insurance, it still happens. When the worker or worker’s employer does not have that insurance, liability for the injury goes up the chain to the next entity responsible for the work agreement.

Why Does It Matter If Contractors And Subcontractors Do Not Have Insurance?

If someone working under you as a contractor does not have workers’ compensation insurance, you can be held responsible as a general contractor. You can potentially be held liable for a contractor’s injuries as a general contractor because Florida law considers subcontractors and employees under you as the same business. Because Florida considers these workers as in the “same business” as you, this makes it critical that you verify that subcontractors, contractors, and their employees hold workers’ compensation insurance before beginning work.

What Other Issues Can I Expect If An Injury Happens On The Worksite?

The ways you can get hurt on a worksite are nearly limitless. Even when nothing goes wrong, the probability of harm on a construction site is still incredibly high. Depending on the worksite, the level of danger you and those on the worksite face can vary. One kind of injury can come from defective equipment or materials. In Florida, workers harmed on a work site by defective products or equipment have to bring a case against the manufacturer or distributor of those products. This kind of case is called a products liability case. 

In a products liability case, the injured worker must show that there was an issue with the material or equipment, that there were inadequate warnings, or some other condition relating to the product’s manufacture was the cause of their harm. Depending on what kind of defect has occurred or the type of material or equipment, these cases may involve warehouses and distributors that sold and distributed construction objects in question. However, even if the workers’ injury results from a defect, you might still be involved in the litigation and investigation of the worker’s claim. Often in these cases, the manufacturer of the construction paraphernalia will attempt to escape liability in a few ways. 

One of the first tactics is to show that the worker was adequately warned that they could suffer harm when using or interacting with a particular product. Another tactic is attempting to prove that the worker used the material or equipment in a way that they shouldn’t have, which caused their injury. The manufacturer or distributor might also attempt to show that some other action or condition unique to the worksite, like improper maintenance, was the cause of injury. Even if none of these issues involve you as the general contractor, you may still be involved in the litigation for a long time and even subject to liability if the manufacturer or distributor successfully convinces the Court that you are responsible.

Hiring An Attorney

The litigation process can be complicated and confusing, with many obstacles. Because general contractors are subject to laws at all levels of government, it is vital that you know the laws that affect you and your business. To learn more about your potential liability relating to injured subcontractors in Florida, it is wisest to seek legal counsel from experienced Florida general contractor attorneys. The attorneys at Koberlein Law Offices know the local laws and are ready to represent you. Call us toll-free at 877.556.2889 or visit us at our website to learn more.

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Dealing With A Wrongful Death In Florida

Losing a loved one is hard, nearly intolerable. It’s even harder to accept it if your loved one’s death was preventable. You feel wronged and that the sudden loss of your loved one is wrong, too. Fortunately, according to Florida law, you may be entitled to a form of relief. Florida law allows you to file a wrongful death lawsuit when someone’s negligent behavior caused you to lose your companion. To learn more about this law, continue reading.

What Is A Wrongful Death?

Wrongful death is just that: a death that is wrong and shouldn’t have happened. Wrongful deaths are 100% avoidable. But a wrongful death lawsuit is overseen by a civil court, not a criminal court. A prosecutor may file criminal charges against the at-fault person, but you must take it to civil court if you want to be compensated under this claim.

In Florida, a wrongful death occurs when someone dies because another person committed a prohibited act, was negligent or defaulted, or breached a contract or warranty. For this reason, a wrongful death lawsuit may stem from a variety of causes and accidents. These causes usually involve negligence.

Some of the negligent accidents that may cause a wrongful death are:

  • Car Accidents
  • Medical Malpractice
  • Boating Accidents
  • Construction-Related Accidents And More

Statute Of Limitations

You have two years from the time of the accident to file a medical malpractice wrongful death claim unless an exception applies. You have four years to file any other wrongful death claim. Our law firm can tell you more about any applicable exceptions.

We know that you are grieving, and you may be too depressed or in financial straits to think about suing, but you can’t sleep on your rights. When the clock is ticking, gathering proof of your damages can become a more burdensome task. Also, the longer you wait, the more time passes without you being made whole (receiving monetary damages to help you return to the state you were in before the wrongful death occurred). Koberlein Law Offices is a team of compassionate, wrongful death attorneys who will work diligently to see you compensated wholly and fairly.

Types Of Damages And Who May Bring A Claim

Florida is clear on who can bring a wrongful death lawsuit. Unfortunately, just because you may have lived with the deceased person doesn’t mean you’re entitled to compensation. To file a wrongful death lawsuit successfully, you must be one of the following:

  • Surviving Spouse
  • Surviving Child(ren)
  • Surviving Parent(s) Of Minors
  • Surviving Adult Child When There’s No Surviving Spouse
  • Surviving Blood Relatives When There’s No One Else

When a loved one dies, you lose that person’s support. Be it emotional, financial, or both, you now have to go without it. In general, you may seek compensation for the loss of present and future loss services and support. You can also seek funeral costs and medical bills (if your loved one didn’t die immediately from the accident). But you should know that your status affects the types of damages you’re entitled to be compensated for.

Spouse—You may sue for loss of companionship, pain and suffering, and financial support (e.g., lost earnings, lost income, and future income) starting from the date of the accident.

Child—You may sue for the loss of parental guidance, parental companionship, pain and suffering, and financial support starting from the date of the accident.

Parents—You may sue for pain and suffering starting from the date of the accident.

Blood Relatives, Dependents, And Others—You may sue for loss of companionship, pain and suffering, and financial support starting from the date of the accident.

Florida Wrongful Death Lawyers

There are nuances and complexities, so don’t try to figure this out on your own. Whether you want to file a settlement claim or go to civil court for compensation, you’ll need an experienced Florida wrongful death attorney at your side. Koberlein Law Office is here to help you move beyond this tragic, avoidable accident. For a free consultation, call us toll-free at 877.556.2889 or contact us online.

 

 

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What You Need To Know About Florida’s Slip And Fall Laws

It’s a perfectly sunny day. You’ve decided to go to your local grocery store to pick up some apples. You think that a day this crisp and warm deserves a nice, hot-baked apple pie. You’re rounding the corner of an aisle when, suddenly, you go from staring straight ahead to staring up at the ceiling. You’re dazed. All you know is that your vision is blurry, and your head hurts. As you come to, other body parts begin hurting, as well. If you’re the victim of a slip and fall accident, then you need to know what Florida law says about it.

Proving Fault

Slip and fall accidents are some of America’s most common personal injury cases. They can result in minor or severe injuries. Surprisingly, very few slip and fall cases make it to court. Over 90% of slip and fall cases settle. Regardless of whether you’re thinking about suing in court or filing a settlement claim, you should consider what all needs to be true to increase your chances of success.

Negligence—To be successful in a personal injury case, you need to prove that the store owner was negligent. In general, a person is negligent when they have a duty to act, fails to act, and that failure is the main cause of your injuries, resulting in damages (bills, pain & suffering).

Here’s an example of what a negligent store owner might look like. The store owner is the owner of the property, so they must keep the premises clean and free of hazardous, dangerous obstacles. If the store owner knows there is a spill on aisle nine, they are obligated to warn you of that hazard or get rid of it. But if the store owner doesn’t take any reasonable steps to get rid of the hazardous spill or to put you on notice that it’s there, and you fall, breaking your knee, then the store owner was negligent.

Premises Liability—Slip and fall cases fall under premises liability laws. According to Florida premises liability laws, any property owner (such as a store owner) owes visitors a duty of care. You are a visitor when you come onto the property for legitimate business purposes, like shopping (or getting a money order). Because you are a visitor, the store owner must:

  • Inspect their property routinely
  • Remove or repair hazards, or
  • Warn you of any hazards that they know or should reasonably know about.

Comparative Fault—Florida has a law called comparative fault. Under this law, each party involved in the case must pay according to their percentage of fault. For example, if it turns out that you’re 15% to blame for your injuries, then you must foot the bill for 15% of your total damages. If you’re no more than 99% at fault, the other party involved must pay for at least some of your damages.

Bodily Injuries And Property Damage

The impact of a slip and fall can be far-reaching. You may suffer a swollen shoulder bone or a sprained collar bone. Your injuries may be so terrible that you even require hospitalization.

However, it does not have to be your body that’s injured. You are entitled to compensation if your property was damaged due to a store owner’s negligence. If your pearl necklace shatters because you fell, you deserve compensation. Even if an inexpensive watch was damaged, you might be entitled to compensation for that, as well.

It’s not fair that you’re stuck with expensive bills if the store owner was negligent. You only have four years to file a slip and fall claim, so don’t be like a negligent store owner. Don’t fail to act. Act now and call Koberlein Law Offices for a free consultation at 877.556.2889 (toll-free) or contact us online today.

Defenses The Store Owner May Use

Whether it’s a settlement or trial you’re seeking, the store owner may raise various arguments to reduce your compensation. The store owner may say:

  • the part of the store where you were injured isn’t an area where visitors are allowed
  • the hazard was so obvious that barriers or a warning weren’t necessary
  • you weren’t paying attention to what you were doing, and that’s why you fell
  • they did take reasonable steps to remove or repair the hazard, such as by setting up cones or announcing the hazard over the loudspeaker
  • they didn’t know about the hazard, and it was unreasonable for them to know

Florida Slip And Fall Lawyers

Although a slip and fall case may seem straightforward, it’s rarely that simple. Insurance agents will fight back, hoping to give you as little as possible. You’ll want Florida slip and fall attorneys who’ll fight just as aggressively on your behalf. Call Koberlein Law Offices toll-free at 877.556.2889 or contact us online.

 

 

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Sharing Blame In A Florida Accident: The Law Of Contributory Fault

Under Florida law, anyone who has been seriously injured in an accident caused by someone else’s negligence has a right to be paid money for all the costs associated with the injury, called damages in law. In Florida, economic damages include past and future lost income, the full replacement value of any lost property, all medical expenses, costs of support and services lost due to the injury, and more. The other main category of damages, called noneconomic damages, includes amounts for pain and suffering, mental and emotional suffering caused by the incident, anxiety, and stress related to the accident, injuries, treatment, and post-traumatic stress disorder or other psychological issues.

To win in a case involving a claim of negligence, the person making a claim in court (called the plaintiff) has to prove that the person who caused the incident (called the defendant) had a legal duty to not harm the person who was injured, that the defendant was negligent or careless and caused the injury, and that the incident caused the injuries that the plaintiff has dealt with afterward. An experienced lawyer can help you understand your case and all the complexities involved in proving each part of it.

Contributory Fault

Many accidents have complex causes that are not as simple as putting all the blame on one individual. Florida law recognizes this fact with what is called pure comparative liability. Liability means legal responsibility for causing something to happen. With a pure comparative liability law like in Florida, the judge or jury looks at all the facts of the incident that caused the injury and compares the legal responsibility, or liability, between all the potential contributing causes. So even the plaintiff, the person bringing the lawsuit to win an award of money damages, can be found to have contributory fault in causing the accident. In that case, the amount of money awarded to the plaintiff as payment of damages would be reduced by the percentage of fault that the plaintiff shares in causing the accident.

One Hundred Percent Of The Blame

The court will look at the evidence and hear testimony from witnesses and perhaps experts who will explain all the reasons the car accident occurred. From there, the court will decide how to divide up responsibility for the events. The defendant may argue why part of the blame should be placed on the plaintiff due to their behavior. The plaintiff may know of other people who were part of the cause but who aren’t being blamed in court, such as in a case where an unknown driver swerved toward another driver, causing the second driver to react quickly and turn into the path of another car, which caused the accident, while the first driver continued driving away.

Bringing In A Nonparty

The law requires that a defendant trying to place some of the blame on a nonparty has to do their best to identify who it is and to try to bring the person into the case, if possible. It is important to have all the people (or companies) that could be partly to blame for the incident involved in the court case so that any award of damages can be accurately divided between those who were at fault in any way. The court is required by law to enter judgment against the responsible parties based on each party’s percentage of fault in causing the accident.

Advantages Of Settlement

An experienced injury lawyer understands the risks of taking a case to trial when the court’s award to the plaintiff could be significantly reduced by the contributory fault of someone other than the defendant. It’s possible to negotiate with the parties at fault to resolve an injury claim without a court case. Often, a skilled lawyer can negotiate from a stronger settlement position with the challenges of disputed liability as an unresolved legal question. The right lawyer on your case will understand the value of building a solid case based on a thorough view of the facts.

Florida Accident Attorneys

To learn more about how your fault in an incident impacts the viability of your personal injury lawsuit, you should run your case by a Florida personal injury lawyer. Most importantly, if you have sustained injuries because of someone’s negligence, then a personal injury attorney can help you know how to optimize the value of your case. At Koberlein Law Offices, our experienced personal injury attorneys have helped many Floridians over the years by holding people responsible for the harm that they have caused to our clients. We will fight to be certain that you get paid every dollar you deserve in your injury claim or lawsuit. Call us toll-free at 877.556.2889 or contact us online for a free consultation with a Koberlein Law Offices attorney.

 

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What To Expect With Your Florida Personal Injury Case

There are many ways that an injury can happen, and most of them start with some kind of negligence. Legal negligence occurs when someone fails to take reasonable care that an ordinarily careful person would take in the situation to protect others from a risk of harm.

So whether it is a crash between two cars on the freeway or you tripping over a dangerous object on the walkway to your neighbor’s house, the injury wouldn’t have happened if someone had been more careful. A legal claim involves figuring out what happened and why and assigning legal blame, called liability, to the person or people who caused the injury.

The Aftermath

After you’ve been injured, the most important thing is to get the proper care and treatment. Visit professionals who can assess the injury and explain to you what happened and how to get better. If someone else’s negligence has injured you, you’ll also want to be sure that you follow the proper steps to figure out what happened and who is responsible for the costs of the injury. And if you were hurt in a car crash, there are usually a lot of questions about getting your car repaired and back into service, if possible. All in all, there’s a lot to think about after you’ve been hurt in an accident.

Claims Process

An insurance claim is usually filed after someone’s negligence causes an injury. At the start, the claim is just with the insurance company to inform them that there have been injuries and that there will be financial losses in the case. Usually, there’s more than one company since multiple people are involved, and each may have a different insurance company, whether it is two or three different auto insurance companies working together to decide who contributed to the crash and how, or two different homeowners’ insurance companies trying to figure out which property owner was responsible for a tree that fell over and caused injuries. The insurance companies want to find out what happened, and they typically want to pay as little as possible for their involvement in a claim.

In most cases, it’s in your best interests to avoid talking to insurance company representatives yourself about the details of the case. Every insurance company has a slightly different interest in the outcome of the claim, and it’s possible that your words could be used against you.

Getting Counsel

You should retain a lawyer of your choice to represent you and protect your interests. You can also communicate about the case through your lawyer, rather than talking individually and directly with different insurance company agents, which could lead to confusion or mixed-up stories about what really happened. Your lawyer can help you understand important issues about the timeline to file a case in court and what you will need to do to help move your case forward.

Going To Court

If you are working with a skilled attorney, you can be confident that the proper papers are being filed, your legal damages (the amount of money you are owed for your injuries) are being accounted for, and the legal claim is being taken care of. Every legal claim has a time requirement, called a statute of limitations, that restricts how long you have to file a case in court after an accident. Your lawyer can help you understand your rights, get medical bills and property damage claims taken care of, and prepare a case in court if your claim goes that far. Fortunately, many injury cases settle “out of court” by an agreement between the insurance company and your lawyer. Still, a few end up with unresolved issues that have to go to a judge or jury.

If your case isn’t settled before a lawsuit is filed, the process can continue for a few more months or even a year. You may be involved in answering questions and providing information to the other side in the case, a process known as discovery. There are formal written questions called interrogatories sent back and forth between the parties in many personal injury lawsuits. There may be a formal question and answer session under oath called a deposition. Most cases will be resolved before they get to an actual trial in court, but it is a possibility that your case may go all the way to trial. Your lawyer will work with you to help you understand what to expect and how to get the best result from your case.

Koberlein Law Offices – Florida Personal Injury Lawyers

Have you suffered an injury because of someone’s carelessness? Understand what you need to know about your legal rights as an injury victim by promptly contacting a Florida personal injury lawyer. At Koberlein Law Offices, our skilled and experienced personal injury attorneys work with you to get the maximum compensation for the harm that you suffered. After telling us of your situation, we can counsel you on your legal options, and we will fight on your behalf to get you financial relief and justice. To get in touch with an injury attorney at Koberlein Law Offices, call us toll-free at 877.556.2889 or contact us online.

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Some Key Motorcycle Rules In Florida

There are a lot of motorcycles on Florida’s roads, with good reason – plenty of sunshine and scenic views make for ideal riding conditions throughout the state. Unfortunately, motorcycle accidents happen all of the time in Florida, and the injuries that victims sustain are often life-threatening if not fatal. For safety purposes, Florida has placed a number of laws in place which motorcycle riders should be keen on. The personal injury lawyers at Koberlein Law Offices provide you with this brief overview on some key motorcycle laws in Florida, including what you can do if you have been involved in a motorcycle accident.

Motorcycle Operator’s License

Any operator of a two- or three-wheeled vehicle with an engine larger than 50 cc (except an autocycle – a three-wheeled vehicle with a seat or two and seat belts plus a steering wheel and roll cage) is required to have a motorcycle operator’s license. There are two options for being licensed to operate a motorcycle: you can either (1) hold a motorcycle-only restricted operator’s license or (2) add a motorcycle endorsement (extra authorization) onto your state driver’s license.

If you are a new motorcyclist just starting out in Florida, you must take the class BasicRiderCourse (BRC) or BasicRiderCourse updated (BRCu) through a state-authorized sponsor before you can add the motorcycle endorsement to your license.

Operators over 16 but under 18 years old have additional regulations, including a mandatory motorcycle operator’s course before they can get their license. Minors under 16 years old may not legally drive any motorized vehicle on Florida’s streets and roads, including any of the following two- or three-wheeled vehicles:

  • Motor-powered scooters
  • Motorcycles
  • Motor-powered bicycles
  • Mopeds
  • Motor-assist bicycles

Insurance – Unique Rules For Motorcyclists

Unlike four-wheeled vehicles, which must have personal injury protection and property damage liability insurance coverage at all times, motorcycles have more limited insurance requirements. If you are over 21 and follow Florida law by wearing an approved head-safety device securely fastened to your head, you can choose to operate without insurance. On the other hand, if you’re over 21 and choose not to follow the helmet law, you are required to maintain at least $10,000 of bodily injury coverage.

But even if it’s not required, it makes sense to maintain insurance coverage on you and your motorcycle. Most motorcycle insurance policies are relatively inexpensive. They can give you some peace of mind that you will have help with property damage repairs or medical bills if you end up in an accident.

Safety Gear Requirements

Unfortunately, Florida continually ranks in the top three states in the nation for motorcycle related fatalities. To combat these numbers, Florida has basic safety requirements for motorcycles and their riders.

Florida’s helmet requirement varies. If you’re under 21, a helmet is always required. If you’re over 21, you must wear a helmet or carry at least $10,000 of bodily injury insurance coverage.

Other safety requirements in Florida apply to all riders. For instance, you must wear approved eye protection at all times while riding. In addition, your motorcycle must be equipped with mirrors that let you see at least 200 feet behind the motorcycle.

Another safety requirement, which has been shown to improve visibility and help to avoid accidents with cars, is to have at least one headlight on your motorcycle. The headlight should be wired to turn on whenever your bike is running, since your motorcycle headlight must be on at all times when you are riding, whether day or night.

You will need to leave your music behind and just enjoy the sounds of the open road as you ride, however: wearing a headset, whether to communicate with your passenger or just to hear music, is not allowed while riding a motorcycle in Florida.

You are also not allowed to modify your bike to have loud exhaust. All bikes must have an approved muffler, and no motorcycle can have an exhaust system louder than the original equipment.

No Lane-Splitting In Florida

Some states, like California, allow what is called “lane-splitting,” or passing other traffic between two lanes. If you’ve been riding in California or another state that permits lane-splitting, you’ll need to kick those habits when it comes to riding in Florida.

Florida laws clearly forbid passing in the same lane as the vehicle that you’re overtaking, or riding between lanes of traffic or rows of vehicles. While it may be tempting to use that space along the divider line to get ahead of stalled or stopped traffic, it’s not worth the ticket if you get caught.

Florida Motorcycle Accident Lawyers

For additional information about motorcycle injury lawsuits, it makes sense to speak with a knowledgeable motorcycle accident lawyer. Consulting with a personal injury attorney who handles motorcycle accident cases can enable you to know your legal options including how to get compensation from those who caused your injuries, damages or losses. The skilled motorcycle accident attorneys at Koberlein Law Offices are focused on helping injured victims recover compensation and get justice. We will carefully evaluate your circumstances and advise you on the best way to proceed. To get in touch with us at Koberlein Law Offices, call us toll-free at 877.556.2889 or contact us online.

 

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Six Things You Need To Know About Florida Personal Injury Law

It is bad enough for you to be injured because of someone’s misconduct. The last thing that you want to do is worsen your situation by overlooking your legal rights or relying upon misconceptions when it comes to personal injury laws in Florida. If you’ve been injured, you’ll want to know some key details relating to your right to sue and the limitations you might face. To get you up to speed, here are six things that you should know regarding personal injury law in Florida.

1. Personal Injury Protection Is No-Fault Insurance

There are two types of insurance that every driver is required to have to operate a vehicle on the roads of Florida: Personal Injury Protection (PIP) coverage and Property Damage coverage. When you’ve been injured in a crash, you have a right to make a claim against this insurance coverage to get your medical bills and lost wages, if any, paid.

Under Florida law, your own PIP insurance is responsible for paying for your medical bills and lost wages if you are injured. While this may be changing next year under newly created laws, for now you don’t have to prove the other driver was at fault or wait for that driver’s insurance company to pay.

2. Ten Thousand Dollars Of PIP Covers 80 Percent

While the law says that you must have PIP coverage in the amount of $10,000, it also says that the insurance company must pay only 80% of your medical bills. In other words, you’re responsible for 20% of your medical costs up to $10,000, and 100% of anything over that. If you have health insurance, that may cover some of the difference.

3. You Have A Limited Time To File A Lawsuit When You’ve Been Injured

Like all states, Florida has what are called statutes of limitations. A statute of limitation is a time limit on your right to take your case to court. Here are some examples:

  • Four years – Lawsuits for negligence, such as for a car accident or defective product
  • Two years – Wrongful death claims and medical malpractice cases
  • One year – Most contract cases

These time limitations are strict cut-off dates in almost all cases. If you miss the filing date by even one day, you can lose your right to a claim forever. So if you have a claim of any kind, consult with a lawyer right away to be sure that you protect your rights before the time expires.

4. Comparative Negligence Means That Everyone Who Contributed To The Injury Shares Blame

If you’ve been injured in a car crash and you’re suing for damages based on injuries you suffered in the accident, you may find out that the money you can get is reduced because the court (or the insurance company) finds that you were partly to blame for the accident. Florida uses what is called “pure comparative negligence” to allow the judge, or whoever is resolving the case, to decide how much each person contributed to the accident.  Any money award you get will be reduced by your percentage of fault in causing the crash.

5. You May Have The Right To Sue For Wrongful Death Of A Loved One

When someone is killed by the negligence or intentional act of someone else, the estate of the person who died still has a right to sue the other person for damages. This is called a “wrongful death” lawsuit, and it lets someone represent the person who has passed away in court, to try to get justice. The time limit to file a suit is very short, so you must act quickly.

6. You Can Sue Your Insurance Company If They Treat You Very Unfairly

Since the PIP insurance that you are relying on to get coverage for your medical bills is based on a contract between you and your insurance company, the company has certain duties to you because of that contract. If the company wrongfully denies your claim, unreasonably delays paying what they owe, or is dishonest with you during the process of settling your claim, you may have what is called a “bad faith” claim against your insurance company.

However, if the insurance dispute is with someone else’s insurance company, such as the one that covers the other driver in a car crash, you have no right to make a bad faith claim, because there is no direct contract between you and that company.

Florida Personal Injury Lawyers

Find out more about your legal rights as an injury victim by talking to a qualified Florida personal injury attorney. These attorneys should be familiar with all types of personal injury matters, and should be prepared to chart the right path for you when it comes to bringing a claim or lawsuit. At Koberlein Law Offices, our experienced personal injury attorneys are ready to help you get the most possible compensation for the harm that you suffered. We will take the time to understand your situation, advise you about your options, and fight on your behalf to get you financial relief and justice. To get in touch with us at Koberlein Law Offices, call us toll-free at 877.556.2889 or contact us online.

 

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TESTIMONIALS & RESULTS

“I have employed Mr. Koberlein on several occasions for my personal and business matters. Each time Mr. Koberlein has performed diligently with great communication. I would recommend his services to anyone in need of legal guidance.”
David W.DILIGENT WITH GREAT COMMUNICATION

“Mr. Koberlein explained the litigation process to me, a few times, until I understood the entire process. His ability to forecast events and provide me with options was refreshing and reassuring. I felt as though he always had my interests at heart.”

Paul L.REFRESHING AND REASSURING
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DON’T GO INTO THE COURTROOM ALONE

Whether it’s a personal injury case, a criminal case, or an administrative dealing with the government, you will want a dedicated attorney at your side. We take each case very seriously, and we are dedicated to getting our clients the success they deserve.

The attorneys’ experiences create the core skills which the law firm uses to focus their representation of clients’ needs in the three areas mentioned. The law firm does not attempt to practice in every area of the law, like some law firms. Instead, a focus of skills in the areas shown above is attempted in order to achieve the best possible outcome for the client.

Call Koberlein Law Offices for free consultations to provide you with a thorough and competent analysis of your legal circumstances. Also, visit the attorneys’ profile pages to learn more about how their individual professional histories have created the areas of focus they now practice together, and why so many attorneys refer specific cases to them at Koberlein Law Offices.

Last, before selecting us or any other attorney search their name and the law firm’s name on the Internet and read the reviews and the rankings that other legal ranking services provide. The Internet is an invaluable source in today’s legal market and it can help you not only determine how attorneys stack up against one another and determine which attorney will fit your needs best, but also help you make the best selection for your needs. We encourage you to research our attorneys.

CONTACT US

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DON’T GO INTO THE COURTROOM ALONE

Whether it’s a personal injury case, a criminal case, or an administrative dealing with the government, you will want a dedicated attorney at your side. We take each case very seriously, and we are dedicated to getting our clients the success they deserve.

OFFICE LOCATIONS

Address:
855 SW Baya Drive
Lake City, FL 32025
Phone:
386-269-9802

Address:
118 Ohio Ave N Suite A
Live Oak, FL 32064
Phone:
386-516-2626

Address:
8443 SW 14 Ln
Gainesville, FL 32607
Phone:
352-519-4357

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Welcome to the website for Koberlein Law Offices (aka: “KLO”). Our firm is honored to be retained to represent the interests of individuals and agencies throughout the state of Florida.

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KOBERLEIN LAW OFFICES, PLLC
855 SW Baya Drive
Lake City, FL 32025
Phone:
386-269-9802

KOBERLEIN LAW OFFICES, PLLC
118 Ohio Ave N Suite A
Live Oak, FL 32064
Phone:
386-516-2626

KOBERLEIN LAW OFFICES, PLLC
8443 SW 14 Ln
Gainesville, FL 32607
Phone:
352-519-4357