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West Palm Beach Legal Blog

Actions of insurers that may constitute bad faith

When an accident happens and a Florida resident has to contact their insurance company about recovering under their policy, that individual may expect prompt service and information that will help them work through the process of becoming whole. While in many cases insurers act reasonably and perform as they should under the agreements that they make with their policy holders, in some situations insurers act with bad faith. Bad faith involves dishonesty and engaging in unfair practices.

An insurer may deliberately delay investigating an insurance claim in order to wait out the period of time in which they would otherwise have to make a determination on paying on the claim. They may perform a sloppy or incomplete investigation due to negligence or to avoid finding the complete facts - this type of dishonesty may constitute bad faith.

An overview of damages after a vehicle accident

Victims of vehicle accidents can suffer many types of incident-related harm. They may wind up spending significant amounts of time in Florida hospitals as they recuperate and incur lengthy medical bills as a result. They may be unable to work because of their accident-related limitations and lose income from their inabilities to hold down jobs. Additionally, it is possible to experience fears and apprehensions regarding driving or riding in cars and find that the quality of life is diminished in the wakes of their ordeals.

All of these forms of injury and loss can be categorized into different types of damages. Damages are the financial compensation that accident victims receive when they receive awards from the courts. In Florida, damages may be considered special or general.

Palm Beach-area accident leaves one dead

Speed may have been the cause of a devastating two vehicle accident that recently killed a Port St. Lucie woman. The victim was 23-years-old and was making a turn in her car when her vehicle was hit from the side. The T-bone accident was caused by a 22-year-old man who collided with the left side of the victim's vehicle.

The victim passed away at the scene of the devastating accident while the driver of the speeding car was taken to a local hospital. Investigators are still looking into why the early morning crash occurred but do believe that the negligent driver was driving at a high rate of speed when the collision happened.

What is a boundary dispute?

Even though the sprawling landscapes of Florida residential properties may seem to seamlessly transition from one to the next, individual residential properties actually have their own boundaries. These boundaries may not be visible but based on land surveys and records a person can find close to or the exact location that their property ends and a neighbor's property begins.

This is important information when a boundary dispute arises. A boundary dispute is a conflict between individuals over where the limits of a property extend. For example, neighbors may get into a boundary dispute if one wishes to build a fence but the other claims that the proposed fence site is actually on their land.

What can you do if an employee violates a non-compete agreement?

As a Florida business owner, there are several legal tools available that you can employ to protect the interests of your business. One of these tools is a non-compete agreement, a type of contract that can make sure your business-related private information stays where it belongs, even if an employee goes to work somewhere else in the future.

When non-competes are properly drafted, it is a great way for you to shield your business from the potential negative impacts of your proprietary information getting into the wrong hands. In most cases, an employer will have an employee sign these agreements at the beginning of his or her employment, and the terms will go into effect upon the end of that individual's employment with the company.

You should not have to pay for another person's negligence

Not long ago this West Palm Beach legal blog offered a post regarding the role that negligence plays in many vehicle collisions. Drivers who drive while drunk, distracted or otherwise unfocussed cause serious and sometimes fatal collisions with other motorists who cannot avoid confronting them. Drivers owe a duty to the individuals with whom they share the roads and when they fail in that duty they expose themselves to possible legal claims for damages.

Damages are the compensation that a car accident victim may collect from the party or parties whose negligence caused their losses. Damages can take on many forms, from the actual costs that a victim incurred from seeking medical treatment for their injuries to the mental pain and suffering they experienced from being the victim of a traumatic vehicle collision. Damages are intended to help a victim get their life back after facing the sometimes insurmountable setback of a car accident.

What is a nuisance?

It is often said that good fences make for good neighbors, and the old phrase suggests that boundaries are important for maintaining the relationships of people who must live in close proximity to each other. Unfortunately, though, some Floridians experience unwanted and unexpected intrusions into the enjoyment of their property when their neighbors' actions are disruptive.

A nuisance may occur when a person acts in a way that may annoy or bother his neighbor. For example, if a homeowner places on their property a security light that shines each and every night into the bedroom of their neighbor and refuses to move the light after the request of the affected neighbor, the light-owning property owner may be causing a nuisance to occur.

Negligence is often the cause of car accidents

Vehicle accidents are called accidents because they are usually caused by drivers who are not paying enough attention to the important task of operating their cars, trucks or sport utility vehicles. While some road incidents may occur due to intentional conduct, such as when an aggressive driver allows road rage to control them and they intentionally collide with another vehicle, most accidents on Florida roads happen because drivers are not paying attention to what they are doing.

When people do not conduct themselves as a reasonable person would given the circumstances of their situation, then it is likely that the person is acting negligently. A driver who is distracted by their phone, another passenger or other disturbance is behaving negligently-- a reasonable driver would see the inherent dangers in allowing their attention from being taken off of the road in front of them.

How can contract disputes lead to business litigation?

Contracts form the basis of many business relationships. It is often the case that a Florida entity will require that a potential business associate enter into an agreement that outlines the entity's needs and expectations before it will engage in business services with it. Contracts are legally enforceable tools that provide business entities with means of establishing exactly what the parties agree to do with regard to their association and often also include provisions that explain what penalties the parties may face if they breach the terms of their contracts.

For example, a business may want to purchase goods from another company. In creating a contract the initial business may offer to buy a specified quantity, such as 100 of the goods from the second company in exchange for a payment of $10 per item or $1,000 for all 100. If the second company agrees to those terms a contract may be made between the two corporate entities.

Permits can be a means of avoiding future building conflicts

Once a Florida resident decides that they want to build their own home or business space it can be difficult to slow down and fully understand the many requirements that must be met before a structure can be erected. Putting up a new edifice can be exciting and nothing may seem more boring than reviewing the mandatory permit and zoning regulations that dictate how buildings must be constructed and where they must be situated. However, it is in the interest of all parties who plan to put up new construction projects to take the time before their projects are underway to become knowledgeable about these and other important real estate rules.

Past posts on this blog have discussed zoning and how communities are laid out to ensure that similar types of construction are grouped together. Put simply, residential structures tend to be built near other residential structures, businesses get grouped with other businesses and industrial and agricultural enterprises find themselves separated from other kinds of entities.

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222 Lakeview Avenue
West Palm Beach, FL 33401

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