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Braman Motors insulin pricing lawsuit

When a Car Dealer Takes on Big Pharma: Braman Motors’ Bold Move in the Insulin Pricing Battle

In an unexpected turn, Braman Motors, a Miami-based car dealership, has entered the legal fray against major pharmaceutical companies and pharmacy benefit managers (PBMs) over alleged insulin price inflation. 

This move marks the first time a private-sector employer and ERISA plan sponsor have joined the multidistrict litigation (MDL) concerning insulin pricing, potentially setting a precedent for other private entities to follow suit. If you feel like your business has been overcharged, an insulin overpricing lawsuit lawyer can help you take legal action.

The Insulin Pricing Controversy

Insulin, a life-saving medication for millions of Americans with diabetes, has seen its price skyrocket over the past two decades. While the production cost of insulin remains relatively low, the list prices have increased dramatically, leading to widespread criticism and legal challenges against manufacturers and PBMs.

Price-gouging for essential medications is both a legal and ethical concern. In recent years, manufacturers have faced growing scrutiny for pricing practices related to both insulin and opioids, leading to widespread litigation and public backlash.

The drive to hold large pharmaceutical companies accountable for their actions and force them to uphold their duty of care to consumers has never been higher.

Braman Motors’ Involvement

Braman Motors’ lawsuit accuses insulin manufacturers and PBMs of conspiring to inflate insulin prices, thereby increasing healthcare costs for employers and employees alike. By joining the MDL, Braman Motors brings a unique perspective as a private-sector employer directly impacted by these pricing practices.

Implications for ERISA Plan Sponsors

The inclusion of an ERISA plan sponsor in legal action against Big Pharma could have significant ramifications:

  • Legal Precedent: Braman Motors’ insulin lawsuit may encourage other private employers to examine their healthcare expenditures and consider legal action if they suspect overcharging.
  • Increased Scrutiny: The case could lead to heightened scrutiny of PBMs and their role in drug pricing, potentially prompting regulatory reforms.
  • Financial Repercussions: A favorable outcome for Braman Motors might result in compensation for overpaid healthcare costs, setting a financial precedent for similar cases.

The Impact of BPMs on Insulin Pricing Under Legal Scrutiny

Pharmacy Benefit Managers have emerged as central figures in the ongoing legal disputes surrounding insulin pricing. These intermediaries, responsible for negotiating drug prices and determining which medications are included in health plan formularies, were originally intended to help reduce costs for employers and health plans.

However, growing scrutiny has revealed that PBMs may have contributed to rising insulin prices through opaque rebate arrangements. Instead of leveraging their position to lower drug costs, PBMs are accused of striking deals with insulin manufacturers that rewarded higher prices with favorable formulary placement, ultimately pushing higher costs onto self-funded health plans.

These practices have triggered investigations by regulatory bodies such as the Federal Trade Commission (FTC), which are examining whether PBMs engaged in anticompetitive behavior. Legal actions now implicate both PBMs and drug manufacturers for their roles in maintaining excessive insulin prices.

The Broader Legal Landscape

The insulin pricing MDL encompasses various plaintiffs, including state attorneys general, class-action representatives, and now, private employers. The defendants, including major pharmaceutical companies and PBMs, deny allegations of collusion, attributing high prices to market dynamics.

If the MDL is successful, it could lead to significant changes in the manner in which prescription medications, including insulin, are determined, with the potential for substantial benefits for those who rely upon these medications and the employers who fund their health plans.

Losses Braman Motors Is Seeking to Recover

Skyrocketing insulin prices have imposed a lasting financial burden on self-insured organizations like Braman Motors. In their legal action against pharmaceutical companies and PBMs, Braman Motors is seeking various damages.

Potential Recoverable Damages Include:

  • Excessive insulin payments: Braman Motors is pointing to their pharmacy claims and procurement records to prove overcharges driven by inflated list prices and complex rebate structures.
  • Costs from benefit plan disruptions: Pricing manipulation has forced Braman Motors and other organizations to take various actions to afford the high prices they face, such as modifying formularies, restricting coverage, or shifting costs to employees, each of which may qualify as compensable harm.
  • Broader financial impact: Beyond direct expenses, damages may be available for wider economic consequences, such as increased premiums, budget reallocations, or strain on employee health benefits and public funding.

Bold Action May Lead to Sweeping Change

Braman Motors’ bold step into the legal battle against inflated insulin prices underscores the growing concern among employers about rising healthcare costs. As the case unfolds, it may pave the way for increased accountability and transparency in the pharmaceutical industry, benefiting both employers and employees.

By stepping forward as a leader in this litigation, Braman Motors’ actions will likely encourage other employers facing similar financial challenges caused by insulin overpricing to take legal action as well. 

A victory in the MDL regarding insulin overpricing would be a significant step toward creating a more equitable system that increases the power of employers to secure fair pricing that can significantly help them and their employees.

Reach Out to Our Experienced Legal Team if You Have Been Overcharged for Insulin

Braman Motors’ insulin pricing litigation is helping to bring attention to various pharmaceutical pricing controversies. If you suspect that your company is being overcharged, reach out to the experienced team at GED Lawyers to learn more about how we can help you take legal action.

Since founding our firm three decades ago, we have established ourselves as a law firm with a history of winning. Reach out to us today by phone or through our online contact form to schedule a free case evaluation with a member of our legal team.

By : Clarissa Romero

May 5, 2025

Florida Spring Break Tragedy

Spring Break Tragedy in Florida Claims Lives of Three Massachusetts Teens: A Heartbreaking Reminder of Life’s Fragility

A spring break trip meant to celebrate youth and friendship turned into an unimaginable tragedy on April 21, when three high school seniors from Massachusetts lost their lives in a devastating car crash in Walton County, Florida—just outside Panama City, a community Ged Lawyers is proud to serve.
As a firm with deep roots in both Florida and Massachusetts, this story resonates far beyond headlines—it echoes in our hearts. These were our neighbors. This happened in our backyard. And this loss is personal.

The Crash That Shattered a Community

According to reports from the Florida Highway Patrol, the accident occurred around 9:30 p.m. when a vehicle carrying four Concord-Carlisle High School students collided with a tractor-trailer on U.S. Highway 98, ultimately coming to rest in the wooded area along the highway.
  • Jimmy McIntosh and Hannah Wasserman were pronounced dead at the scene.
  • Maisey O’Donnell, a standout diving champion, succumbed to her injuries later at Bay Medical Center in Panama City.
  • A fourth student remains in critical condition.
Maisey, who had planned to attend Williams College and was described by her coach as a “humble, kind-hearted leader,” was also an organ donor—her final act of giving in a life cut painfully short.

This Hits Home for Ged Lawyers

With offices located just minutes from Bay Medical Center in Panama City and a committed team in Boston, we at Ged Lawyers are deeply affected by this tragedy. These are the very communities we represent, protect, and advocate for every day.
We work closely with families who suffer life-altering events—wrongful deaths, catastrophic injuries, insurance disputes—and we know all too well the legal and emotional storm that follows in the aftermath.

Navigating Grief, Seeking Justice

There is no easy way to recover from the loss of a child. As grief grips the Concord-Carlisle school district and the entire Massachusetts community, questions remain:
  • Could anything have prevented this?
  • Were all passengers protected adequately?
  • Was the crash caused or worsened by mechanical failure, driver error, or other factors?
As the investigation continues, the families deserve answers—and legal guidance that prioritizes compassion and accountability.
At Ged Lawyers, our wrongful death attorneys are prepared to:
  • Conduct independent accident investigations
  • Coordinate with law enforcement and insurance carriers
  • Seek compensation for funeral costs, emotional trauma, and long-term impact
  • Provide strategic legal counsel while respecting the sensitivity of ongoing grief

Legal Support Rooted in Compassion

Our approach to personal injury law is rooted in empathy and experience. We don’t just file paperwork—we stand beside families when they need it most, helping them understand their rights and explore their options with dignity.
Whether in Panama City, Boston, or anywhere in between, we believe in protecting people when they’re most vulnerable.

Resources and Remembrance

Grief counselors are available at Concord-Carlisle High School this week and will return once spring break ends. In the meantime, the community has mobilized to support the grieving families. A GoFundMe campaign created for Wasserman’s family reflects the outpouring of love and financial support.
Let this moment remind us all to hold our loved ones closer, advocate for safe driving awareness, and never take a single day for granted.

📞 If You or a Loved One Has Been Affected by a Tragic Crash, Contact Ged Lawyers
Free consultations available. Let us guide you through your legal rights and options with care.
  • Phone: 855-Ged-Wins
  • Website: www.gedwins.com
  • Locations: Panama City, FL • Boston, MA • Serving Florida & Massachusetts Statewide

By : Clarissa Romero

April 23, 2025

Judge Edward Rodgers scholarship announcement

Announcing The 2023 Legacy of Judge Edward Rodgers Scholarship Winner Corrisa Malat

Ged Lawyers is proud to announce Corrisa Malat as the recipient of the 2023 Legacy of Judge Edward Rodgers Scholarship. The $2,500 scholarship honors the late Judge Edward Rodgers, Palm Beach County’s first African American prosecutor and judge.

Earlier this year, Ged Lawyers offered the academic scholarship to a college student to honor the life and legacy of Judge Rodgers. 

Rodgers, who was a civil rights icon, accomplished many things throughout his career, including breaking racial and social barriers within the U.S. judicial system and working with people suffering from substance use disorders. 

In the early 1990s, Rodgers created the first drug court in Riviera Beach and went on to open others throughout the county. The U.S. Supreme Court later recognized him for his efforts. He died in 2018 at the age of 91.

Corrisa Malat not only met all the requirements to apply for the scholarship, she did so enthusiastically and submitted a passionate essay that would have made Judge Rogers proud. Corrisa graduated from James Madison University in 2019 and excelled in social work in and out of the classroom.

She is currently a graduate student at Portland State University and will graduate in June 2024. She has demonstrated exceptional academic performance, leadership skills, and a profound commitment to justice and community service.

In her award-winning essay, Corrisa thoughtfully highlights Judge Rodgers’s principles and legacy, stressing the significance of diversity, equality, and resilience in the legal field. 

“Judge Rodgers was a visionary who demonstrated dedication to fairness, reformation, and ethical practices in the judicial system. Rodgers implemented programs that targeted reformation instead of punishment leading to recidivism. In 1991, Judge Rodgers started the Riviera Beach Civil Drug Court which offered an alternative to incarceration. More specifically, drug courts offer non-violent offenders who struggle with substance abuse issues an opportunity to receive treatment, develop healthy coping mechanisms, and reclaim their lives outside of a jail sentence.”

Corrisa now hopes to carry that vision and dedication into her career.

“I have appreciated this opportunity to learn about the legacy of Judge Edward Rodgers, and will channel his inspiration as I work to earn my Masters in Social Work, and continue to serve others in my social work career.”

Ged Lawyers established The Legacy of Judge Edward Rodgers Scholarship to support and encourage future leaders in the legal profession who embody the spirit of service and justice exemplified by Judge Rodgers. This scholarship is part of our law firm’s ongoing commitment to fostering educational opportunities and promoting social justice.

By : Clarissa Romero

June 13, 2024

Florida Propane Tank Laws Guide

Florida Propane Tank Laws

Many residents in Florida use propane tanks for heating their homes, cooking on a gas grill, using a torch, and fueling motor vehicle engines. Most of these applications require some type of propane tank. Because propane is a combustible material, there are several laws outlining the sale, use, and placement of these tanks.

Following these state laws and other regulations could prevent serious injuries, property damages, and other financial losses. If you suffered injuries because of a propane tank failure or explosion, you may have a case against the manufacturer, installer, or property owner. You can learn more by contacting one of our Florida personal injury lawyers for a free consultation.

What Regulations Are There on Propane Tanks in Florida?

Propane tanks are available in various sizes across Florida. This ranges from those that hold a few gallons to over 2,000 gallons of propane. While there are relatively few rules about the use of smaller tanks, there are numerous regulations you should be aware of before installing a larger underground, above-ground, or vertical tank on your property.

First, you must ensure you understand the required space from your home or property line. This depends on the type of tank you are using. According to the Florida Division of State Fire Marshal, larger underground tanks must be at least ten feet from a building or property line. Large above-ground tanks generally require even more space from the building. Vertical tanks can be much closer but placed away from windows and doors.

You should also work with an authorized dealer. Natural gas and propane retailers must obtain a license from the Florida Department of Revenue and follow strict laws as outlined in Chapter 527 of the Florida Statutes. These laws stipulate how they can store, transport, and sell liquid gas. They must follow them closely to ensure consumers remain safe.

Florida Laws About Propane Tank Mishaps

There are also regulations in place to protect you from harm if something goes wrong. These include:

  • There is an added chemical that gives the gas a rotten egg smell if there are leaks, allowing you to ensure you address a problem
  • To ensure safe storage of propane tanks, they are only filled to 80 percent

This is important because the most common ways propane tanks cause injuries is through leaks and explosions

What Causes Propane Tank Injuries in Florida?

Florida law allows for horizontal above-ground tanks, underground propane tanks, and smaller vertical tanks in addition to the smaller tanks you might use for your gas grill or a hand-held torch. A dangerous leak or explosion can occur with any of the tank types.

There are two ways propane tanks explode. These include

Leak and Ignition

When a propane tank leaks, the combustible gas can ignite if exposed to a spark, flames, or high temperatures. This could occur because of a valve failure or because the valve was left open after using a torch or a grill.

Boiling Liquid Expanding Vapor Explosion (BLEVE)

Propane tanks can explode in high temperatures. This is because heat causes the liquid to build pressure until there is no room to expand further. This is called a Boiling Liquid Expanding Vapor Explosion (BLEVE). Built-in relief valves usually prevent this from occurring. However, it is best to take precautions on very hot, sunny days.

What Injuries and Damages Occur Because of Florida Propane Tank Accidents?

The two most common types of civil cases filed against property owners and propane companies are based on personal injuries and property damage. Homes and businesses can suffer severe damage in seconds when a tank explodes, especially if it is not installed at the correct distance.

The injuries that occur because of a propane tank explosion are often catastrophic. They could include severe burns and scarring, loss of limbs, and shrapnel injuries.

The recoverable damages in an insurance claim or lawsuit based on negligence in one of these cases could allow victims to recover compensation for:

  • Pain and suffering 
  • Emotional distress
  • Medical care, current and future
  • Income losses from missed work
  • Reduced ability to work and earn a living
  • Property damages
  • Miscellaneous expenses with receipts

Some propane tank accidents are fatal. Surviving loved ones may be able to file a wrongful death case against the property owner or another liable party. Justice may be available. Only the victim’s personal representative can act as the plaintiff in these cases under Florida law.

What Should You Do If You Suffered Florida Propane Tank Injuries?

If you suffered injuries because of a propane tank leak, improper placement, lack of warning about the risk of explosion, or other issues, you might have a case against the negligent party. This could be the property owner, propane company, tank installer, tank manufacturer, or another party. An attorney familiar with the Florida propane tank laws can help you determine your legal options.

Having a lawyer on your side to investigate what happened and identify the liable party allows you to focus on treatment and healing. If you suffered devastating property losses, repair or rebuilding might also be covered. It is important to have an advocate on your side through this complex and challenging process. You do not have to try to navigate these claims alone.

Under the state’s statute of limitations, you may have up to two years to sue based on your injuries. However, evidence disappears quickly. You will want to get started on your case long before this deadline arrives. Contact our team as soon as your injuries allow or call us on behalf of a family member with catastrophic injuries.

Discuss Your Legal Options With Our Team for Free Today

Ged Lawyers provides free consultations for victims who suffered injuries or have property damages due to someone else’s negligence. We can investigate the cause of your propane tank accident and may be able to pursue compensation from the at-fault party on your behalf.

Contact us today to get started with your free case review.

By : Clarissa Romero

February 21, 2024

Florida Bicycle Helmet Law Guide

Florida’s Bicycle Helmet Law

Florida’s bicycle helmet law states that all bike riders under age 16 must wear a helmet. Cycling is growing in popularity, but it comes with greater risks than operating or riding in a traditional vehicle such as a car or truck. An accident can result in more severe damage or death due to the lack of safety features. However, cyclists can wear protective gear such as helmets.

A Florida bicycle accident lawyer can help you understand what the law says about helmet usage. We strongly urge you to wear protective gear. It could save your life.

What Is Florida’s Bicycle Helmet Law?

Every driver of a vehicle, whether it is a traditional vehicle, a motorcycle, or a bicycle, enjoys the same rights on the road. However, because of the inherent risks of cycling, Florida law requires some riders to take certain precautions to prevent injury or death.

Florida Statutes § 316.2065 states that all bicycle riders and passengers under the age of 16 must legally wear a helmet. Riders and passengers who are over 16 may choose not to wear a helmet. Violating the law can result in a citation by law enforcement, and you may have to pay a fine.

Florida Bicycle Accident Statistics 

In 2022 alone, there were 7,253 bicycle crashes in Florida, according to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV). There were 220 total bicycle accident fatalities and data from the previous year indicates that not wearing a helmet increases the likelihood of death and serious injury.

Potential injuries a bicycle rider or passenger can suffer include:

  • Spinal cord injuries
  • Neck injuries
  • Internal injuries
  • Broken bones
  • Lacerations
  • Bruises

Wearing a helmet could prevent head injuries such as concussions, hematomas, skull fractures, penetration by an object, and other traumatic brain injuries that can impact you for the rest of your life. You may need intensive medical treatment for years, modifications to your home allowing you to adapt, and other treatments and services depending on the severity of your injuries.

Liable Parties in Florida Bike Accidents

While Florida requires all drivers to carry personal injury protection (PIP) insurance that kicks in to cover damages such as medical bills after an accident, the same is not true of cyclists. So, if you are riding a bicycle and another driver hits you, you can file a claim with the liable party’s insurance provider for coverage of your financial expenses.

Not only can you hold other drivers liable, but you could also hold a company liable if the vehicle belongs to the company. You could hold the government liable if the other vehicle is a government vehicle or if a government agency’s failure to maintain roads and safety equipment is at fault for the accident.

Damages You Can Seek to Recover After a Bicycle Accident in Florida

Bicycle accidents can result in catastrophic injuries and even wrongful death, both of which can leave you with devastating financial expenses that threaten your future. To cover your losses, you can recover economic damages and non-economic damages such as:

  • Medical expenses
  • Lost income or lost earning capacity
  • Childcare costs
  • Home modifications
  • Emotional distress
  • Pain and suffering
  • Physical therapy
  • Household services
  • Mental health counseling
  • Mental anguish
  • Disability
  • Disfigurement
  • Loss of enjoyment
  • Funeral costs

You may also file a personal injury or wrongful death lawsuit to recover damages through the legal process if your loved one suffered fatal injuries. 

How Can a Bicycle Accident Lawyer Help You in Florida?

You may decide to hire a Florida personal injury attorney who has experience handling bicycle accident cases. A lawyer can file your insurance claim for you, and just having a lawyer on your side sends a message that you are serious about recovering damages. In addition, a lawyer will:

  • Investigate the accident
  • Collect evidence
  • Determine liability
  • Calculate the value of your claim
  • Enter into negotiations with the liable party and their insurer to secure a fair settlement
  • Provide you with frequent updates
  • File a lawsuit and represent you at trial
  • Offer mock trials to prepare you for the real thing
  • Work on contingency so you pay nothing unless we win
  • Meet all deadlines, including the statute of limitations

A lawyer can walk you through the legal process and provide you with options to consider. Wearing a helmet can reduce the risk of suffering head injuries, but you can still suffer other injuries. 

What Is the Deadline to File a Lawsuit After a Bicycle Accident in Florida? 

The statute of limitations to file a personal injury or wrongful death lawsuit in Florida is generally two years, according to Florida Statutes § 95.11. This means you will lose the right to file a lawsuit if you fail to file one before the deadline in your case expires.

A lawyer from our firm will work to meet all deadlines in your case so you can have your day in court to hold the liable party accountable for your injuries and expenses. We can explain how your helmet use may affect your case. 

Learn More About Florida’s Bicycle Laws and Call for a Consultation Today 

Wearing a helmet could save your life by preventing you from suffering serious head injuries in the event of an accident. However, only riders and passengers under the age of 16 are legally required to wear a helmet while cycling in Florida.

If you do suffer injuries in a bicycle accident, you have legal options. A lawyer from Ged Lawyers can provide you with options and work to recover compensation for damages on your behalf so you do not have to live with the burden and stress of handling your case yourself.

To learn more about Florida’s bicycle helmet law, or to get started with a free consultation, please contact us today.

By : Clarissa Romero

December 15, 2023

Massachusetts DUI breathalyzer court ruling

Breathalyzer Ruling Jeopardizes 27,000 MA Drunk Driving Cases

According to CBS News Boston, the Massachusetts Supreme Judicial Court found misconduct in breathalyzer tests performed between June 1, 2011, and April 18, 2019. This means that many trials were unfairly closed based on faulty evidence. If you or a loved one pled guilty to driving under the influence (DUI), you may have an opportunity to have your plea withdrawn or request a new trial. 

Our attorneys serving Massachusetts can help you and your family seek justice if you were affected by faulty breathalyzer test results. We understand the emotional and financial impact an incorrect ruling can have on your life. Our team will listen to your story and guide you through the legal process.

Breathalyzer Malperformance and a State Cover-Up May Allow You to Reopen Your Case

The Massachusetts Supreme Judicial Court’s ruling in April 2023 affects 27,000 cases. In 2019, the state began an investigation that uncovered issues with the calibration of certain breathalyzer testing machines. Although not every test produced faulty results, investigators found that some state officials were aware of the widespread breathalyzer issues and even attempted to cover up the problem.

What does this mean for you? If you pled guilty or were convicted of a DUI between 2011 and 2019, you might be able to withdraw your guilty plea or request a new trial. Per WCVB, all breathalyzer test results recorded within this eight-year time frame will now be excluded from criminal prosecutions. This could significantly weaken the cases that prosecutors have against North Carolina DUI defendants.

Which Breathalyzer Machines Were Faulty?

According to Mass.gov, the Draeger Alcotest 9510 breathalyzer machine was found scientifically unreliable for determining blood alcohol concentration (BAC). You may not know what type of machine was used for your breath test, but you should receive a notice from the court if you were affected by improper test results.

A lawyer from our firm can also investigate your case to find out the type of breathalyzer that was used to test your BAC.

Some Massachusetts Attorneys Have Been Skeptical About Breathalyzer Test Results

Although the ruling against this machine’s test results is recent, the breathalyzer controversy has been a concern in Massachusetts for several years. Many prosecutors stopped using breathalyzer results in 2021 because of concerns over test reliability.

According to WBUR, it’s been a long time coming for the Supreme Judicial Court breathalyzer ruling. The Massachusetts Office of Alcohol testing has been scrutinized for years because “uncertified operators” were left to inspect the machines. Some lawyers also questioned the reliability of test result reporting to the Registry of Motor Vehicles.

The Office of Alcohol Testing Has Plans to Improve Operations Going Forward

Dace Procopio of the Massachusetts State Police says, “The Office of Alcohol Testing in recent years has implemented significant operational improvements to ensure that breathalyzer certification, case management, discovery processes, and employee training are in accordance with all applicable laws and established forensic best practices.”

Some of the improvements the Office of Alcohol Testing (OAT) has already started implementing include:

  • The OAT received full accreditation from the American National Standards Institute-American Society for Quality’s National Accreditation Board in 2019, and it was reaccredited in 2022.
  • The OAT hired an Office of Alcohol Testing Ombudsman. This person notifies the legal community of any issues with the discovery process and works closely with prosecutors and defense attorneys.
  • The Massachusetts District Attorneys’ Association trained members of the OAT on breathalyzer use.
  • They are actively making improvements to the discovery process.

You Can Hire a Lawyer if Your Case Was Affected by the Breathalyzer Ruling

Although the breathalyzer ruling does not mean your case will be immediately dropped, you might have another chance at justice. If you think your case was affected by the breathalyzer ruling in Massachusetts, a lawyer from our firm is ready to work with you. We can help you by:

  • Determining whether your case qualifies for reconsideration under the new ruling
  • Reviewing any evidence in your case that can be used to prove you were not under the influence at the time of your arrest
  • Representing you in trial or any other court appearances
  • Speaking to witnesses and preparing them to speak during your trial, if necessary
  • Completing any forms necessary for your case and submitting them on time
  • Explaining any other laws that apply to your case
  • Answering any questions you have and guiding you through the legal process
  • Assisting you in Spanish, Arabic, Creole, Greek, Portuguese, Russian, and Turkish

This new ruling can be difficult to interpret on your own. Our team is here for you when you need us, and we’re happy to answer any questions you have.

What Should I Do in the Aftermath of the Breathalyzer Findings?

You have options if you pled guilty or were convicted of a DUI in Massachusetts. Still, that doesn’t automatically mean the state will reverse its decision. Some considerations that could secure a positive outcome in your case include:

  • Refraining from criminal activity. You want your case to assert that you either didn’t do anything wrong or don’t deserve the penalties you face. By refraining from activities that could land you in hot water, you promote your future. 
  • Thinking twice about any plea deals. Without a breathalyzer’s test results, the prosecution may offer a plea deal where you face fewer penalties. Yet, you could argue for a “not guilty” verdict or a dismissal of your charges, resulting in no jail time or fines. 
  • Reaching out to our legal team. Our firm prioritizes justice above all else. With us on your side, we ensure that the court system treats you fairly.

Contact Ged Lawyers to Discuss the MA Breathalyzer Ruling

Your trial might not have been fair if the verdict rested on faulty breathalyzer evidence. Luckily, you may have options to seek justice based on the recent breathalyzer ruling in Massachusetts.

If you were one of the 27,000 cases impacted by the Draeger Alcotest 9510 breathalyzer machine, our team is here to help you seek justice. You can call us at any time to discuss your case and learn more about how we can help you.

By : Clarissa Romero

May 5, 2023

Hydroplaning car accident liability guide

If Your Car Hydroplanes and Is Involved in an Accident, Can You Be Held Liable for Damages?

If your car hydroplanes before an accident, you can be liable for damages. If you were speeding or maneuvering the vehicle in a way that would increase your chances of hydroplaning, that factor could be considered when determining who is responsible for the crash. Still, you can consult a Florida personal injury attorney about your options in a hydroplaning accident. 

In Florida, we are very familiar with driving during or after serious weather occurrences, often on wet pavement. Many of us have had the experience of skidding over a wet or slick road surface, causing a temporary loss of control over the steering and braking of the car. While hydroplaning can be concerning at best, being involved in a car accident because of it can be downright terrifying. But if you were out of control due to no fault of your own, can you be held liable in an accident caused by your car hydroplaning?

What Is Hydroplaning and What Causes It?

Hydroplaning occurs when a vehicle slides uncontrollably on a slick surface, such as a wet road. 

Car tires have treads specifically designed to move water out from beneath and away from them. This allows optimal traction with the road surface and minimizes slipping, sliding, and hydroplaning. When a car’s tires cannot move water away fast enough or gain traction with the road surface, pressure at the front point of the tire causes it to hover above the road surface and takes away the driver’s ability to steer, brake, or otherwise control the car in any way.

Roads do not have to be saturated with water for a vehicle to hydroplane. When the surface of the road is even minimally wet, it mixes with accumulated oil that has built up on the surface of the road. This creates highly slippery conditions, especially for vehicles traveling at high speeds. It is these moments that create conditions for hydroplaning.

Three Factors Can Contribute to a Hydroplaning Scenario. These Are:

  • Speed: As speed increases, the traction with a wet road is significantly reduced.
  • Tread depth: The deeper the tread, the more able a tire is to remove water from under and around it.
  • Water depth: The deeper the water you travel through, the quicker the tires can lose traction. But a thin layer of water can be just as destructive.

Consequently, as careful as you may be driving on slick and wet pavement, you may be caught in a hydroplane scenario.

Who Is Liable in the Case of a Florida Hydroplaning Car Accident?

Fortunately, in Florida, we have no-fault laws, so the first place an injured party will go for compensation after an accident is to their own insurance company. But in cases of severe injury, this coverage is not always enough to cover costs. In this case, the liable party will be the next source of compensation.

Depending on the circumstances, the driver of a hydroplaning car is usually held responsible in a car accident, but other parties can be held liable. These include:

  • Other drivers may have created a scenario forcing you to react quickly, causing your car to hydroplane.
  • Municipalities and state governments must keep roadways safe and well-drained. If water has collected on a road due to a design flaw or inadequate maintenance of drainage systems, they may be held responsible for accidents that ensue.
  • Tire manufacturers that put defective products into the marketplace may also be held accountable in an accident if the tires can be shown to have had inadequate treads or another design flaw.

If you have been involved in an accident caused by your car hydroplaning out of control, it is critical to get the assistance of a Boca Raton car accident attorney to ensure you protect your legal rights.

What You Can Do to Avoid Hydroplaning Accidents

You can guard against hydroplaning and protect yourself while on the road. Taking precautions can help you avoid being in an accident where you could be held liable for damages that occur if your car hydroplanes.

  • Make sure your tires have the proper inflation. Low tire pressure can increase the chances of having a Florida hydroplaning accident.
  • Services your brakes regularly. An inability to stop can also make it harder to control your vehicle as you navigate a slick or wet surface.
  • Avoid following other vehicles too closely. If you must stop suddenly, you will have more space to do so and possibly avoid hitting another vehicle.
  • Make sure other drivers and road users can see your vehicle. Turn your headlights on in good and bad weather.

Getting Legal Representation After a Hydroplaning Car Accident

If your car hydroplanes and gets into an accident, you can get the advice of a legal advocate. Leaving the matter up to insurance companies is never in your best interest. At Ged Lawyers, our car accident attorneys will thoroughly investigate the hydroplane accident, often involving professional accident recreation specialists. We will obtain the official police report, statements from witnesses, video surveillance, and other evidence to understand and prove who was at fault for the accident to ensure all liable parties are held accountable. 

Accidents involving hydroplaning are typically not the fault of one party alone, and our comparative fault laws allow all at-fault parties to share liability. Call us at (561) 562-4170 or contact us online for a free consultation to discuss your case.

By : Clarissa Romero

November 1, 2022

Florida cast iron pipe lawsuit

Failing Cast Iron Pipes in Florida: Can You File a Lawsuit?

In Florida, failing cast iron pipes can cost you a lot of money. The damage to your home or business may be extensive—and expensive. Because of Florida’s unique climate, cast iron pipes designed to last for a century or more can fail within 25 years or less. The problems with cast iron pipes in Florida are prevalent near Miami because of its heat and humidity.

Insurance companies have vigorously opposed paying for the cost to replace and repair damage from faulty cast iron pipes. If your insurance company has denied your claim or failed to adequately cover the expenses caused by failing cast iron pipes, you have options. You can sue for failing cast iron pipes in Florida, and a cast iron pipes lawsuits lawyer can help you seek compensation for your damages.

Cast Iron Pipes

History of Florida Cast Iron Pipe Insurance Claims

Cast Iron Pipe Insurance Claims

Water is never far away in South Florida. The benefit of always being near a beach or lake has a downside for home and business owners: The high temperatures and constantly damp air have led to unprecedented rates of cast iron pipe failures.

Property insurance companies don’t want to pay to reimburse their Florida clients for damage caused by leaky or burst plumbing. It is also common for them to deny claims or make lowball settlement offers that don’t come close to compensating owners for damages. The result of this is a spike in lawsuits. One Florida government official stated there were 28,000 cast iron pipe water damage lawsuits filed in 2016 alone.

The Cost of Damage That Faulty Cast Iron Pipes Cause

A burst cast iron pipe can be a nightmare. Many South Florida homes use cast iron plumbing for water and sewage. Depending on which pipe is faulty, you may end up with a flood from above or a floor covered in filthy, unhealthy water.

Once one pipe has gone, it’s logical to want to replace all of them. You want to avoid dealing with the same headache repeatedly. However, the expense of removing cast iron pipes and installing new plumbing throughout a house averages around $15,000. Without insurance, that is a prohibitive cost for many homeowners or small businesses.

On top of replacing existing pipes, you need to repair all the water damage. This means replacing drywall, ceilings, and flooring. Mold prevention is also necessary. These expenditures can start at $5,000 and spiral, depending on the extent of the damage. If a bathroom fixture needs an upgrade, those costs can average over $3,000.

Finally, you must ensure there is no damage to your foundation. Without taking quick action, foundational damage can linger and end up crushing the building’s value in the long term. After a burst cast iron pipe, foundational mitigation and repair are typically around $4,000.

Does Your Homeowners Insurance Cover Damage From Faulty Cast Iron Pipes?

Unfortunately, insurance companies typically handle these claims by denying them. Because this issue is widespread in South Florida, insurance companies may be on the hook for huge sums. This has caused them to limit payment for cast iron pipe insurance claims.

Partly due to the threat of hurricanes, floods, and surges and partly due to the high costs of repairs, many private insurance companies limit their coverage in South Florida. Residents and business owners who can’t obtain property insurance through the market can still secure a policy with Citizens Property Insurance Corporation.

Even though Citizens is a nonprofit that attempts to plug a gap in the Florida property insurance market, a policy can come with strings attached. This is especially true regarding cast iron pipe insurance coverage. Because this company has such a significant presence on the Florida property insurance scene, its rules carry weight.

Citizens Insurance and Water Damage Repairs in Florida

In 2018, Citizens capped water damage repair claims at $10,000 unless a homeowner signed up and used the insurer’s Managed Repair Contractor Network to make all repairs. So, if a cast iron pipe bursts in your Florida home and you have Citizens as your insurance company, it will dictate who repairs your walls and floors. Or else it will only reimburse $10,000, no matter how extensive your water damage is.

Additionally, if you have burst pipes, you want to repair them quickly. However, if you have Citizens insurance, you need to get the company’s approval for any permanent work done within 72 hours of filing a claim.

How Our Florida Cast Iron Pipes Lawsuits Lawyer Can Help

When you work with our Florida personal injury lawyer on a failing cast iron pipes claim, you have a legal professional looking out for you and protecting your rights. Ged Lawyers believes in holding insurance companies accountable to abide by the terms of your policy, and that includes covering the losses they said they would cover. We can help you challenge any bad faith claims or claim denials, or payment delays.

We can help your failing cast iron pipes case by:

  • Investigate your cast iron pipes claim to determine what the issue is
  • Gather evidence supporting your position that your faulty pipes claim should be covered
  • Assign the fair value of your insurance claim
  • Negotiate with the insurance company for fair compensation
  • Handle all negotiations with the insurer and other involved parties
  • File a lawsuit and fight for your financial recovery at trial
  • Advise you throughout your case, explaining all applicable laws and developments
  • Provide regular updates about your cast iron pipes case’s status

Our Florida cast iron pipe lawsuits attorney will give your case the personalized attention it deserves. We understand that cases differ in facts and circumstances, so we will develop a strategy that addresses the specifics of your situation. You can learn more about how our insurance bad faith attorneys can help with a failing cast iron pipes claim during a free consultation.

Do You Have the Right to Sue When Your Florida Cast Iron Pipes Fail?

What can you do if your insurance company refuses to pay for the damage in cast iron pipe insurance claims? And how do you handle a settlement amount that falls far short of making you whole? In some instances, you can take your insurance company to court. Our Florida cast iron pipe lawsuits attorney can represent you at trial if you decide to hire legal counsel.

First, if you have water damage after cast iron pipes fail, you need to file an official claim with your insurance company. Before you can sue, you need to give your insurer the chance to do the right thing. However, insurance companies are always looking out for their own good first—not yours.

Any delays in making a claim can prevent you from proceeding with a lawsuit. Your property insurance policy has terms outlining the proper time frame for alerting the company to any issues. If your pipes suffer a total failure, this typically isn’t a problem, as you’ll file a claim as soon as possible. But if you discover minor water damage from a leaky pipe, it’s easy to ignore the issue. If you wait, you may miss your opportunity.

Contact Our Florida Cast Iron Pipes Lawsuits Lawyer Today

Because an insurance company’s first offer is never its best offer, you should avoid agreeing to any quick settlement. Once you decide to file a cast iron pipe water damage claim, the next step is to contact a lawyer who handles insurance claims or lawsuits for faulty cast iron pipes.

Experienced insurance claims attorneys can handle negotiations with insurance companies while also helping you with getting your life back to normal. Property attorneys, like those at Ged Lawyers, can guide you through every stage of the process. By setting up a free consultation with our injury team, you can take the first step toward maximizing your failing cast iron pipes insurance settlement. Call us today to get started.

By : Clarissa Romero

October 31, 2022

Landlord liability apartment fire safety

Fire Safety and Landlord Liability in Apartments and Other Rented Dwellings

It’s more voracious than a pack of teenage boys, it moves quicker than preschoolers after birthday party cupcakes, and its heat makes the steamiest Florida day seem chilly – fire is truly a force. As a Panama City home fire law firm we see the tragic aftermath of home fires, experience that makes us strong advocates for fire safety education and programs like the Fire Prevention Festival. Covered by WJHG, the event kicked off Fire Prevention Month and spread important safety tips while teaching children that firefighters are friends. We hope everyone listens to the broader fire safety message, including area landlords whose actions can put lives and well-being of others at risk. This post looks at this important element of fire safety, examining landlord duties and the rights of renters injured in apartment fires or other rental-unit blaze.

Landlords & Apartment Fires: How a Landlord Can Contribute to the Threat of Fires

Home fires have many causes and a renter may face danger because of a landlord’s actions (or inaction). Fires can start with a defective water heater, a malfunctioning large appliance, or faulty wiring, just a few of the many causes typically under a landlord’s control. Beyond the initial sparks, a landlord’s actions can also exacerbate a fire. Blocked fire exits, absent or broken smoke alarms, or other missing safety equipment can turn a small fire into a life-endangering blaze. Maintenance failures can both spark and sustain a fire. In short, a tenant’s life may rest in a landlord’s hands.

Landlords & Apartment Fires: Legal Liability

In general, tenants (like other plaintiffs) must show that a fire was the result of the landlord’s negligence in order to trigger liability and recover damages. This includes showing the landlord knew or should have known about the dangerous condition that gave rise to the fire. An example: Suppose Lionel Landlord never checked the wiring of an old rental property and the wiring sparked a fire that hurt Tom Tenant. If the court agrees that a reasonable landlord would have inspected the wiring, Lionel will likely be held liable for Tom’s injuries. Landlord fire claims generally fall under the four year statute of limitations applicable to negligence actions.

Landlords have particularly stringent duties when it comes to keeping common areas safe and clean (see Florida Statute 83.51(2)(a)(3)). For example, a landlord might be held liable if boxes or debris piled in a shared hallway or laundry room led to a fire while a landlord is unlikely to be liable for the same condition in the tenant’s own unit. Access and control are key.

When a landlord violated a law or regulation intended to protect renters and the violation led to a fire, an injured plaintiff can rely on the concept of negligence per se to hold the landlord liable without having to prove negligence. In Concord Florida, Inc. v. Lewin an appeals court explains that “violation of a statute which establishes a duty to take precautions to protect a particular class of persons from a particular injury or type of injury is negligence per se.”

The court finds that violation of a county fire safety code can amount to negligence per se. If a landlord violates a fire safety law or code and that violation causes a fire that injures a renter, negligence is presumed and the landlord is liable for the damage caused by the violation. An example: If Lisa Landlord did not supply a required smoke detector and that failure allowed a fire that caused Tina Tenant serious burns, the landlord is liable for Tina’s injuries.

Landlords & Apartment Fires: A Tenant’s Safety Law Firm

Some landlords are diligent about safety and dedicated to ensuring their tenants have a safe, comfortable dwelling. Others knowingly put profits over tenant safety. Most probably fall someplace in the middle. The reality is that a landlord’s negligence can endanger a tenant’s life, particularly when fire safety is an issue.

Home fires can inflict physical, economic, and emotional damage. If you have been injured because of a Northwest Florida landlord’s negligence or failure to comply with safety regulations (or if you aren’t sure whether conduct violated a safety code), call us. Our phones answer 24/7 and we can arrange free consultation between you and our Panama City tenant’s injury lawyer.  Ged Lawyers can help you recover monetary compensation and send a message to all landlords about the importance of maintaining a safe rental unit.

By : Clarissa Romero

October 17, 2022

Car commercial legal disclaimers guide

Why Do Car Commercials Have Disclaimers?

We have all seen the warning at the bottom of car commercials – “closed course,” “professional driver,” “do not attempt.” After seeing those disclaimers and warnings the question arises: Why do car commercials have these disclaimers? The questions do not stop there. Seemingly every commercial that portrays even remotely risky activity carries a similar warning – do not attempt.

It is easy for those of us watching at home to ridicule these warnings, afterall, who would attempt to do any of the crazy things we see on TV. There is a long list of court cases where plaintiffs have tried to sue, though rarely successfully, because a loved one imitated something advertised and was either killed or injured as a result. One case happened here in Florida and went all the way to the Florida Supreme Court.

Family Sues Soft Drink Company Over Broken Neck

In the late 1980s a popular soft drink company ran a commercial with young people riding their bicycles, doing stunts. One of the stunts was of a young boy who took his bike up a ramp and landed safely in a lake, all while onlookers cheered him on. The commercial did not contain any language of warning that others should not attempt the stunt.

Unfortunately, a young teenage boy in Florida saw the commercial and attempted to recreate it for himself. He set up a ramp over an embankment and ran his bike up the ramp. When he landed, he broke his neck. His family sued the soft drink company for the damages he suffered, alleging that they had a responsibility to discourage that activity by viewers at home.

The Florida Supreme Court issued their ruling on whether the soft drink company would be held liable in 1989. In their ruling, the court held that the company could not be held liable, and they rested their opinion on the protections of the 1st Amendment to the U.S. Constitution. The court ruled that publishing a commercial of this nature constitutes constitutionally protected speech. Traditionally, the 1st Amendment protects all but a few types of speech from being regulated or penalized by the government. Those exceptions include things like defamation, hate speech that incites violence, and others. This result is the same as most other cases that sought damages for imitating behavior shown on commercials. Why do commercials still contain disclaimers?

Companies Protect Against Worse Case Scenarios

The reason why commercials continue to use disclaimer language is because not all courts have reached the same conclusion as the Florida Supreme Court. At least one case from California held a radio station liable when a driver drove recklessly to get to a promotion they advertised on their station and got into a devastating accident. So now, companies are overly cautious and prepare for the worse case scenario and include disclaimer language in commercials.

While we do not generally file lawsuits of this kind at Ged Lawyers, we are your go-to law firm for accidents and injuries in the Panama City area. If you have been injured in an accident, contact us.

By : Clarissa Romero

October 17, 2022

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