Florida Legal Topics

DeBary Legal News - Bodily Injury

The Law Office of Paul Bernardini

Personal Injury at Outdoor Parties

Happy New Year from Paul Bernardini. Enjoy the holiday season. But, be careful out there.
While you are enjoying the parties don't over imbibe. And with lots of other party-goers it's easy to miss seeing a hazard that causes you to slip and fall. It could be a drink spilled on the sidewalk or a soda can that didn't get picked up promptly.

Owners of public sidewalks and roadways have a legal obligation to maintain these areas in a reasonable safe condition. The owners have a duty to routinely and responsibly maintain these areas in order to prevent danger to public users of the premises. With lots of crowds, they may not respond as quickly when notified of a hazard on the sidewalk or road. But, if your injured because of their lack of attention, they may be responsible.

If you, or a loved one, are injured in a slip and fall accident on a public sidewalk or roadway, call Attorney Paul Bernardini. He has been representing personal injury cases in Daytona Beach for over 30 years.

Uninsured Motorist Coverage

Florida does not require drivers to carry bodily injury insurance. 40 % of Florida drivers are either underinsured or completely uninsured for the injuries they cause! One of the main problems is that the worst drivers, who cause the most accidents, have trouble buying insurance to pay for the harm their bad or drunk driving causes. The rest of us suffer.

Your $10,000 mandatory PIP (Personal Injury Protection) insurance will be gone before you leave the emergency room. If the at-fault driver doesn’t have enough or any bodily injury insurance, the rest of your bills will not be covered. How do you protect your family from these horrendous drivers who don't have adequate insurance? You buy uninsured motorist coverage!

Uninsured motorist coverage protects your family from drivers who cause injuries and have little or no insurance. The Florida situation is so bad (even rent a car companies aren't responsible for the harm their renters cause) that Florida REQUIRES insurance agencies to provide uninsured motorists coverage unless you or your spouse or parent sign a form rejecting it. Believe it or not, many very intelligent folks unwittingly sign these rejection forms when buying car insurance.

PLEASE BE CAREFUL WHAT YOU SIGN WHEN YOU BUY CAR INSURANCE! Always opt for the uninsured motorist insurance and protect yourself and your loved ones.

If you have been involved in a car accident, NEVER sign paperwork from the other insurance company or your own that may prevent reimbursement of present and future payments. Talk with a lawyer first. A free consultation is part of our service. Call us at 386-258-3453 now.

The above information is intended for general purposes only and should not be construed as legal advice.

Automobile Accident - Uninsured Motorist Coverage

It is important to remember that 40% of the drivers in Florida are either under insured or uninsured. You can judge for yourself who causes the worst accidents, between the people who have no insurance and the people who are properly insured. It is very important to know that uninsured motorist coverage is the one type of insurance that protects you and your family from drivers who do not have insurance or who do not have adequate insurance.

Always be careful about what you sign at the insurance agent’s office. Surprisingly, when people understand what uninsured motorist coverage is, many people waive uninsured motorist coverage. A good example of what bad things can happen when uninsured motorists coverage is waived is the case of Horace Man Insurance v. Chase, determined September 26, 2013 by the First District. In that case, the named insured rejected uninsured motorist coverage equal to the bodily injury liability limits and that rejection was binding on a subsequent policyholder. The plaintiff's recovery was limited due to lack of uninsured motorist coverage.

With regard to unlicensed drivers, the Second District decided on September 18, 2013 that evidence that driver of the vehicle was unlicensed was admissible where the evidence was relevant to show the driver’s inexperience in handling an automobile which bore a causal connection to the accident in the wrongful death claim. Lopez v. Wink Stucco, Inc., 38 FLW 1976.

The above information is intended for general purposes only and should not be construed as legal advice.