Recent Blog Posts
Experts in First-Party Insurance Cases Can Help Get Your Case to a Jury
In most cases, when there is a dispute over the facts of the case, the homeowner in a first-party homeowners’ insurance dispute is entitled to have a jury decide the dispute. Florida civil law does provide for a summary judgment procedure, which allows a judge to decide a case before it even gets to… Read More »
Partially Favorable Disability Rulings and Changes in Onset Dates Can Cut Benefit Awards
When you go to a Social Security disability hearing, you either win disability benefits, or you lose the case and get no benefits. At least, that’s what the general public may believe. In practice, there’s an entire area in between these two extremes, called the “partially favorable decision.” Whether such a decision is something… Read More »
The Dangerous Instrumentality Doctrine
Let’s imagine that you let someone borrow your car, and they get into an accident that injures someone else. Can you be held liable? You may not think so, but under the doctrine of dangerous instrumentality, you can be held liable for injuries, even when they are caused by someone else. Making Owners Insurers… Read More »
How Long Does My Homeowners’ Insurance Company Have to Evaluate my Claim?
Most homeowners’ insurance policies require immediate notice to the insurance company of damage to your home so that the insurance company may determine whether the damage is a covered-loss and to prevent further damage. That leads to one of the most common questions we hear from clients with homeowners’ insurance problems: How long does… Read More »
Motorcycle Safety Should be Common Sense
Safety Laws for Motorcyclists As much a hobby and recreation as it is just transportation, motorcycles are popular in South Florida; helmets are not. Helmet laws are controversial. Since 2000, anyone age 21 or older is not required to use a helmet while riding a motorcycle, yet anyone, not matter what age, riding a… Read More »
What Is a Homeowners’ Insurance Company’s Duty to Defend?
We have often discussed the rights and duties between you and your homeowners’ insurance in the context of property damage claims. But what about third-party claims–that is, what happens when someone sues you for an allegedly dangerous condition on your property that they claim has caused them injury? The Duty to Defend Your homeowners’… Read More »
What Is the Social Security Compassionate Allowance Program?
Is it possible to obtain Social Security benefits in about two weeks to two months? Yes it is, although rarely, possible under the Social Security Administration’s Compassionate Allowance Program (CAP). The CAP Program The program awards disability benefits on an expedited basis to those with serious or fatal diseases. There are over 200 diseases… Read More »
Is a Public Fair Entitled to Sovereign Immunity?
Our legal system is founded in the traditions of English laws. Those laws traditionally held that people could not “sue the king”—a government was free to operate without fear of lawsuits from its own people. Waiver of immunity Of course, in modern times, we realize that people can and should be able to sue… Read More »
Evidence That You May Think Should be Allowed, but Usually Is Not
Trials on TV or the movies always seem so easy. Almost everything that’s said in a trial gets admitted into evidence. Every now and then there’s an objection, but that’s usually for something that makes for good TV. In real life, in court, there are many things that logic would dictate should be admissible… Read More »
Can You Go to the ER When You Have a Work Injury?
As you may imagine, injuries on the job often are acute and sudden, and require immediate medical attention. If you are injured with other employees or staff around, going to an emergency room is OK and advisable–after all, your supervisor is probably right there to document it and get you in touch with the… Read More »
