Personal Injury Blog
How Will Florida’s Tort Reform Bill Impact Your Personal Injury Case?
Florida has enacted sweeping changes to its negligence liability system, which is why it’s more important than ever to hire a lawyer if you’ve been injured in an accident. The new negligence standard will encourage insurance companies to lowball offers or force into litigation cases where liability isn’t clear, such as auto accidents or slip/trip and fall accidents without witnesses.
House Bill 837 is a tort reform measure that will shift the landscape of civil litigation in Florida. Insurers will try to delay, deny or present low settlement offers on valid claims in order to quickly resolve a dispute.
As a personal injury law firm serving Florida residents, we will fight these roadblocks. Our goal is to curb the new law’s impact, which aims to reduce protections for individuals while strengthening protections for corporations.
We are passionate about ensuring your access to Florida’s civil justice system and safeguarding your rights to full compensation for any injuries and losses incurred in an accident.
Two main areas to be aware of regarding the tort reform bill (HB 837) signed by Florida Governor Ron DeSantis:
- Florida is replacing its pure comparative negligence system with a modified comparative negligence system.
- Florida is shortening the statute of limitations in negligence actions from four to two years.
Until March 24, 2023, Florida had primarily a pure comparative negligence liability system. Plaintiffs could recover in proportion to the defendants’ percentage of responsibility for injuries regardless of the plaintiff’s liability. For example, if a defendant was 30% responsible for the plaintiff’s injuries, the plaintiff could recover 30% of the damages associated with the injury against that defendant, even if the plaintiff was 70% liable.
Under the new modified comparative negligence system, a plaintiff can recover in proportion to the defendants’ percentage of responsibility only if the plaintiff’s own share of responsibility is 50% or less. If a plaintiff has more than 50% liability for the injuries claimed, the plaintiff cannot recover any damages from the defendant. Under HB 837, defendants would have to be at least 51% at fault before they or their insurance company could be forced to pay damages.
Additionally, the plaintiff’s time to file a lawsuit has been shortened. Pursuant to the new law, the plaintiff must file a negligence action in two years instead of four years. As such, claimants will only have two years from the time of the incident to file a suit. Reducing a statute of limitations for filing negligence lawsuits means plaintiffs should contact an attorney immediately after an accident. Why?
HB 837 will force an injured party to file a lawsuit before they finish healing from their injuries. For those whose losses are extensive and require more than just two years in order to completely understand the full scope of harm, this means plaintiffs and their counsel will prepare their cause of action and evaluate the validity of their claims at an earlier juncture.
Our goal is to ensure HB 837 does not block Florida residents from accessing justice and compensation if they are involved in an accident that causes injury. Every case requires a personalized strategy for success, so we strive to create a tailored plan that fits your individual situation.
“We want to ensure there’s no significant reduction in protections for accident victims, and we will make every effort to provide clients with the best possible advice and representation in this new era of tort reform,” Matthew Kobren, Esq. explains.
Our personal injury lawyers are available to answer any questions about how HB 837 could impact you if you are injured in an accident. Our dedicated team of trial attorneys and paralegals are committed to providing each client with undivided attention in order to secure an optimal result. Call us at 561-361-8677 for a free consultation.
Attorney Bruce Glotzer Announces Retirement
We are writing to let you know that after 40 years, Bruce Glotzer has retired from the practice of law, effective March 24, 2023. “I am looking forward to the next phase of my life that will allow me more time with my family, new granddaughter, and the opportunity to pursue my recreational interests,” said Mr. Glotzer.
We wish Mr. Glotzer all the best in his retirement, and would like to extend a heartfelt “Thank you.” Please join us in wishing him happiness, health, and a long and fulfilling retirement.
Our firm will continue to provide the same exceptional client care as well as dedicated, personalized service you have come to expect from our attorneys, paralegals, and support staff. Rest assured we are your trusted, go-to resource for every type of accident case, including car accidents, truck accidents, slip-and-falls, and pedestrian accidents.
Our team is with you every step of the way. We take a results-oriented, individualized approach to every personal injury case. We always strive to do what is best for the clients we serve. Our firm excels in quality representation while seeking justice and maximizing compensation for injury victims and their families.
We proudly serve clients in Palm Beach, Broward, and Miami-Dade Counties as well as anyone injured anywhere in the state of Florida, which includes Florida residents and out-of-state residents here on business or vacation. Our law firm also represents Florida residents injured anywhere in the U.S.
We guide you and your loved ones through any challenges and advocate for your needs as well as recovery. We have the bandwidth to handle any size accident case in the Sunshine State.
If Bruce Glotzer is currently representing you in a matter, his clients will be carefully transitioned to Matthew Kobren, Esq. If you have any questions, please contact us at 561-361-8677 or email email@example.com. There’s NO FEE unless WE WIN money for you.
Our commitment to our clients and the community remains unwavering. We continue the important work of successfully resolving personal injury cases on behalf of those injured in accidents.
If You’re Rear-Ended on Florida Roads, Our Car Accident Attorneys Can Help
Never underestimate how serious a fender bender can be. One of the most common types of car accidents is a rear-end collision. Rear-end crashes account for about one-third of all car accidents. How do these types of crashes happen with such regularity?
Often the accident victim is sitting in their car and the car is stopped waiting for a light, a stop sign or traffic while the negligent driver fails to recognize the stopped vehicle and slams into the back of it. Rear-end collisions may also be a result of distracted driving. In some cases, the leading or stopped vehicle may be pushed into another vehicle, causing a chain-reaction car accident event.
Whiplash, traumatic brain injuries (TBI), back/spinal injuries, herniated disks, and broken bones are common types of injuries caused by rear-end crashes. The best way to maximize your car accident settlement and ensure that your medical needs are covered is to consult with a vehicle accident attorney.
Glotzer & Kobren, P.A. represents injured clients in all types of vehicle accidents, including rear-end accidents, head-on collisions, side impact crashes, and car or SUV rollovers. If you are contacted by the insurance company of the person who injured you, don’t make any statements and don’t sign anything until you talk to our personal injury lawyers. If you or someone you love has suffered injuries because of a back-end car crash in South Florida, Glotzer & Kobren can hold the liable party responsible for your losses.
Our rear-end collision lawyers will pursue full compensation on your behalf. We have the experience, skills, and resources necessary to help victims recover a wide variety of damages including:
- Pain and suffering
- Medical costs
- Lost wages
- Future medical bills or rehabilitation and physical therapy costs
- Future lost wages
- Property damage
Our attorneys will gather evidence, calculate the value and damages of your case, negotiate on your behalf, and if we cannot reach a fair settlement based on the total value of your case, we will not hesitate to take your case to trial to pursue compensation for your injuries.
Glotzer & Kobren attorneys have almost 65 years of combined experience fighting for the rights of accident victims and their families. We will work to resolve your case with the best possible result and in a swift manner. We offer consultations at no cost and there’s NO FEE unless WE WIN money for you.
Contact our rear-end collision lawyers at 561-361-8677. We provide counsel and representation within the tri-county area of South Florida, including Palm Beach, Broward, and Miami-Dade counties.
Supermarket Slip & Fall Accidents
Slip and fall accidents happen with regularity at grocery stores in Florida such as Publix, Walmart, Target, Aldi, Costco, and BJ’s, to name a few. Injuries may be the result of wet floors, spills in aisles or restrooms, freezers that leak, falling products from shelves, product samples on the floor, rubber mats that become bunched up, or some other dangerous condition.
Grocery stores have a duty to maintain their property in a reasonably safe condition. Under Florida Statute 768.0755, if the grocery store had either actual or constructive (store was not aware but should have been) knowledge of a dangerous condition and failed to address it, they can be held liable for injuries sustained as a result of this failure to protect their customers.
The burden of proof is on the plaintiff to show that the store was negligent, that it failed to address any dangers they either knew about or should have reasonably known about, and an injury occurred as a direct result of that negligence.
A slip and fall can cause serious injuries that require you to seek immediate medical attention and continuing medical treatment. Injuries we typically see after slip and falls in grocery stores, which may require visits to the emergency room, orthopedist, chiropractor, and/or physical therapist, include:
- Hip fractures
- Knee, back, neck, shoulder, and arm injuries
- Head injuries
- Broken bones
It is important to promptly receive medical attention after a slip and fall even if you are unsure the extent of your injuries. Delaying medical treatment after a slip and fall can hurt your case if you decide to later pursue a claim.
After you slip and fall, document everything. Take photos or videos of the hazardous condition that caused your injury and ask the employees to create an incident report and provide you with a copy. Write down the name of the employee who you spoke to and what their position was, and make sure you get the contact info for any witnesses who saw the incident. Security footage may provide valuable evidence in your case. In the event the store will not turn over evidence, we can subpoena it.
A grocery store’s goal is to get the injury-causing substance or product cleaned up as fast as possible and erase any evidence. A store manager’s bonus is often affected by the number of accidents on their premises. Supermarkets will try to cover themselves and avoid liability. This is why slip and fall accident victims need a skilled and knowledgeable attorney fighting for their rights.
Glotzer & Kobren has successfully resolved countless premises liability cases involving slip and falls at supermarkets throughout Florida. For example, our law firm secured a large monetary award for an injured party who slipped on water leaking from a freezer. The store was aware of the leaky freezer but had yet to post a WARNING or CAUTION WET FLOOR sign. Another client slipped on a product that fell when the grocery store employee was hastily bagging her items. We obtained a sizable settlement due to the negligence of the store employee who caused our client to sustain an injury.
Upon suffering injuries due to a slip and fall, contact the attorneys at Glotzer & Kobren, P.A. There’s NO FEE unless WE WIN money for you. We are South Florida’s premier personal injury attorneys who get results for those who suffer accidents in supermarkets. If you or someone you know was injured while shopping and need free legal advice, contact us today at 561-361-8677.
Making Spirits Bright
Warmest wishes for peace, prosperity, and health this holiday season. To all who celebrate Christmas, Hanukkah, and Kwanzaa, may you and your loved ones have a spectacular holiday!
Thank you for always entrusting us with your personal injury needs. Our goal is to skillfully and compassionately help clients seek justice and secure full and fair compensation. Through our commitment to excellence in the law, we work to achieve the best possible outcome for clients.
Reflecting on the breadth and depth of our successes in 2022, we are filled with gratitude for our clients. With deepest appreciation, thank you for your business. Here’s to a bright 2023!
If you or someone you know has questions about an accident, we are available 24/7. It is important to speak with an attorney immediately after an accident to ensure that evidence is preserved and your rights are protected. There’s NO FEE unless WE WIN money for you. Our dedicated personal injury lawyers represent clients in Palm Beach, Martin, Broward, and Miami-Dade counties.
Homeowners Insurance May Cover Personal Injury Claims
People are often surprised when they learn that homeowners insurance may cover negligent acts anywhere, not just in their home or on their property. Accident and bodily injury coverage to third parties is more common than you might think in a homeowners insurance policy. This type of policy is intended to cover your home and your family in certain cases of personal liability, and determination of such coverage is based upon the type of act that caused the injury and the terms of the policy itself.
Accident victims will find that with the help of attorneys from Glotzer & Kobren, P.A. they can successfully make an injury claim against a homeowners insurance policy. The lawyers at our firm will discuss the specifics of your case such as the insurance claim, personal injury claim, liability coverage under the homeowners insurance policy, and the homeowners insurance process generally. We will evaluate all policy language to know whether your accident is covered and what the policy limits are. We will identify the negligent parties to determine what coverage applies.
Let’s take a look at an example in the case study below, which illustrates how an injured party may recover damages that resulted from another person’s negligence through a homeowners insurance policy. In the following scenario, you will notice that there was negligence on the part of the tortfeasor who was careless and irresponsible in a manner that caused our client serious injury.
Claims against homeowners insurance would usually be brought under the legal theory of negligence, which requires proof that the negligent party did not exercise reasonable care for the protection of others. A homeowners insurance policy will not cover injuries resulting from an intentional act, however.
If you were injured due to someone else’s negligence, it is likely that the provisions of their homeowners insurance would cover your injury and/or damages, which may include:
- Medical bills
- Pain and suffering
- Property damage
- Lost income/lost earnings
Making a successful accident claim against a homeowners insurance policy begins with calling our experienced personal injury lawyers at 561-361-8677. Speaking with an attorney immediately after an accident is strongly recommended to ensure your rights are protected. Our goal is to swiftly resolve your case with the best possible result.
Glotzer & Kobren aims to achieve justice and secure full compensation for our clients. We invite you to contact us and see how we can help you. We offer consultations at no cost to you and there’s NO FEE unless WE WIN money for you. Call us today for an assessment of your case. Our firm provides representation within the tri-county area of South Florida, including Palm Beach, Broward and Miami-Dade counties.