(877) 244-6420 - Call for a free consultation with a Florida Accident Attorney

Posts Tagged "cases"

Frivilous Lawsuits — Florida Personal Injury Lawyers Hate Them, Too

Posted by on Feb 17, 2014 in Recent News, Uncategorized

Frivilous Lawsuits — Florida Personal Injury Lawyers Hate Them, Too

I saw an interesting piece on the Orlando Sentinel website discussing how closely the legislative agenda for the Florida Chamber of Commerce and the Florida Republican Party mirror one another.  The Speaker of the Florida House of Representatives estimates that at least 90% of the Florida House’s agenda is the same as big-business-friendly Florida Chamber. One of the most interesting points in the article to me — as an Orlando personal injury attorney — was the inclusion in the agenda of an effort to eliminate “frivolous lawsuits.”  In Florida, this has historically usually meant an effort to eliminate lawsuits and infringe upon the legal rights of regular people to bring claims against large corporations and insurance companies.  In many instances, this means personal injury cases. However, there is absolutely zero evidence that there is a problem with or proliferation of personal injury cases, OR that significant numbers of them are “frivolous.”  Data from virtually every Clerk of the Court anywhere shows that the numbers of personal injury cases filed has actually fallen in recent years.  On the issue of whether these cases are “frivolous”, I don’t think there is any evidence supporting this, either.  I believe the only thing that makes these cases “frivolous” is the fact that the corporations and insurance companies that have to answer them just don’t want to pay what they are currently legally obligated to pay.  As I have blogged before, “frivolous” is all in the eyes of the beholder. Florida personal injury lawyers already face plenty of penalties for filing truly frivolous lawsuits.  Since we only receive a fee if we win, it doesn’t make a lot of sense to bring cases that have no merit.  If we lose cases without merit, we face stiff financial penalties of having to potentially pay the other side’s attorneys’ fees and costs.  If we spend years of our lives working frivolous lawsuits that potentially have absolutely no value, we are wasting precious time assets that we could be using to work on meritorious cases that do generate money.  In short, Florida personal injury lawyers have little incentive to work on “frivolous” lawsuits, and every incentive to hate them even more than the general public. By the way, any Clerk of the Court will tell you that the number of corporation versus corporation lawsuits have skyrocketed over the past several years.  These cases are often filed by corporations in order to seek damages for breach of contract, use of copyrighted materials, etc. Funny thing that we’ve never heard the Florida Chamber of Commerce refer to these as frivolous lawsuits… If you have any questions about a real, legitimate, meritorious Florida injury case, call Winter Park personal injury lawyers Kim Cullen and Robert Hemphill at 407-254-4901.  If you have a case that is truly frivolous and has no merit, please keep that one to yourself – or call...

Read More »

Sneeze Seems Like Feeble Excuse In Flagler Wrongful Death Bicycle Crash

Posted by on Mar 25, 2013 in Motor vehicle accidents

Sneeze Seems Like Feeble Excuse In Flagler Wrongful Death Bicycle Crash

As a lawyer who has handled Florida car accident cases for nearly 20 years, it is easy to think, “I’ve seen it all.” However, every time that I think I’ve heard of every possible excuse for why a driver has caused a car accident, an explanation comes along that surprises me. The latest excuse comes from a story on ClickOrlando.com and involves a Flagler County accident where a bicyclist was tragically killed after being hit by a car. Apparently Frederick Martinez was riding in his bike eastbound – in the bicycle lane – on Highway 100, near Old Kings Road. As Mr. Martinez rode his bike, a van driving in the same direction apparently veered into the bicycle lane and hit him. Mr. Martinez was pronounced dead at the scene. The attached photo shows that Highway 100 has a wide shoulder/bike lane, and more than enough room for a bicyclist to expect safe riding. Apparently, the driver of the van attributed his causing the wrongful death of Mr. Martinez to a sneeze. Although I do not have any statistics on how often drivers sneeze while operating their vehicles, it occurs to me that sneezes happen thousands and thousands of times each day without causing accidents. It also occurs to me that if the van driver had been giving Mr. Martinez the three feet of safe passing distance that is required of cars overtaking bicycles under Florida law, he might have had enough time to sneeze, recover, and still avoid causing the wrongful death of Mr. Martinez. I don’t know who the van driver is, or anything about him, but this sneeze explanation rings hollow to me. Our hearts go out to Mr. Martinez’ family, and we hope that the van driver accepts responsibility for the tragedy he has caused. If you have questions following a Florida automobile or bicycle accident, call Winter Park personal injury attorneys Kim Cullen and Robert Hemphill at...

Read More »