Category: Uncategorized

Accidents Caused By Distracted Passengers, Not The Driver

When people think of distracted driving, they usually imagine a driver using their phone or adjusting a GPS. But distractions don’t always come from within the driver’s control. Sometimes, it’s the passenger who causes the distraction. These cases can be more difficult to evaluate, but they’re not uncommon. As a Port St. Lucie, FL car accident lawyer who has been rated by Super Lawyers,, we’ve worked with clients involved in crashes where a passenger’s actions contributed to the collision.

At Tuttle Larsen, P.A., we’ve seen firsthand how these situations unfold. Below are five frequently asked questions about accidents involving distracted passengers, written for people searching by voice or mobile device.

Can A Passenger Be Held Responsible For Causing A Car Accident?

Yes, in certain situations, a passenger can be held partly or fully responsible if their behavior contributed to the crash. For example, if a passenger grabbed the steering wheel, blocked the driver’s view, or suddenly screamed or physically interfered, that could be a factor in determining fault. It’s not always simple to prove, but if there’s clear evidence or witness testimony, their actions may be taken into account in an insurance claim or lawsuit. Dashcams are very helpful here to show what was going on in the car at the time.

What Should I Do If A Passenger Caused Me To Have An Accident?

If a passenger distracted you and it led to a crash, the first step is to report the incident to the police and document the situation as clearly as possible. You should let officers know what the passenger did, and gather contact information from any witnesses. Photos, dashcam footage, or even recordings from inside the vehicle may help support your version of events. It’s also a good idea to speak with a car accident attorney to understand how passenger liability could affect your case. Be sure to speak to an attorney separate from your passenger.

Is The Driver Still At Fault If The Passenger Caused The Distraction?

In many cases, the driver may still be considered at least partially responsible, even if the distraction came from a passenger. Drivers are generally expected to maintain control of the vehicle at all times. That said, if the passenger’s actions were sudden, forceful, or unforeseeable — like yanking the wheel or throwing something — the responsibility may shift. These cases depend on the details and may involve shared liability.

Will My Insurance Cover The Damages If A Passenger Caused The Crash?

Most auto insurance policies will still cover a crash if the driver was operating the vehicle legally and not intentionally acting recklessly. However, insurance companies may question who contributed to the crash and to what extent. They might also seek reimbursement (subrogation) from the passenger if their actions were clearly responsible. This is something we help clients address if the insurer starts raising questions about fault. If your insurance company contacts you after an accident, tell them to speak with your lawyer to ensure you are not blamed for the accident.

Can Someone Sue A Passenger For Causing A Car Accident?

Yes, in some cases, injured parties — including the driver — can pursue a claim against a passenger if their actions led to the crash. This isn’t common, but it does happen, especially if the passenger acted intentionally or carelessly in a way that directly caused the accident. Suing a passenger may be more likely if the injuries are serious and the losses are significant.

If you’ve been involved in an accident where a passenger’s behavior contributed to the crash, don’t wait to get legal advice. At Tuttle Larsen, P.A., we’re here to talk through the situation, review the details, and help you decide what steps make sense. Reach out today for a consultation with a team rated as Rising Stars by Super Lawyers that knows how to handle unique auto accident claims.

I-95 Motorcycle Crash In Port St. Lucie

A tragic morning in Port St. Lucie began with two major traffic incidents on Interstate 95, including a fatal motorcycle crash and a separate wreck involving an ambulance. According to the Florida Highway Patrol, a 23-year-old motorcyclist from Fort Pierce was killed just after 6:30 a.m. Monday at mile marker 117, north of Gatlin Boulevard. All southbound lanes were shut down for hours while emergency crews investigated. For families impacted by such devastating events, our Port St. Lucie, FL motorcycle accident lawyer can offer support and legal guidance during these traumatic times.

As traffic backed up from the crash, another serious collision occurred involving an ambulance on the St. Lucie West Bridge at the southbound I-95 exit. The ambulance was responding to the earlier wreck and had its lights and sirens activated at the time of the crash. No patients were in the ambulance, but both the driver and a paramedic sustained injuries and were transported to the hospital. According to the St. Lucie County Fire District, three additional people were also hospitalized from the incident, though none of the injuries were described as life-threatening.

Authorities confirmed that by midday, traffic flow had returned to normal. However, for the loved ones of the young motorcyclist who lost his life, the consequences of this accident will last much longer than a traffic delay. When motorcycles are involved in high-speed collisions, the outcomes are often catastrophic. In such cases, the knowledge and experience of our qualified Port St. Lucie motorcycle accident lawyers can be essential.

Legal Support After An Accident

At Tuttle Larsen, P.A., we represent victims and families impacted by serious motorcycle crashes. Our motorbike lawyers understand the devastating impact of these collisions, especially when they result in permanent injury or loss of life. Through our work helping injured cyclists, we’ve been recognized for our commitment to justice by both Super Lawyers and Martindale-Hubbell, and we apply that dedication to every case that comes our way. We are also deeply rooted in the community—Doug Tuttle was recognized for his work with special education students, and Jesse Larsen is on the board of directors for the Indian River County Bar Association.

Motorcycle crashes often result in severe injuries such as spinal damage, traumatic brain injuries, or loss of limbs. Victims may face months or years of recovery, mounting medical bills, and permanent lifestyle changes. Our motorcycle injury lawyers work to recover compensation for medical expenses, lost wages, pain and suffering, and long-term care needs. In cases involving fatal crashes, our motorcycle wreck lawyers can assist families in pursuing wrongful death claims to help secure financial stability in the aftermath of loss.

At Tuttle Larsen, P.A., we are committed to helping riders and their families receive the justice they deserve. If you or someone you love has been injured in a crash, or if you’re grieving a loved one lost in a motorcycle collision, contact us today to speak with our trusted Port St. Lucie motorcycle accident attorneys. Let us guide you through the legal process with compassion, experience, and personalized care.

I-95 Crash Leaves One Dead, Three Injured

A tragic crash on I-95 near Pineda Causeway in Melbourne, Florida, left one woman dead and three young children injured. The collision involved a 2003 Ford F-350 and a 2023 Honda Odyssey. The Florida Highway Patrol confirmed that the Ford truck, believed to have suffered a tire blowout, swerved into the Odyssey’s lane and caused the fatal impact. The mother driving the minivan was pronounced dead at the scene. This devastating event underscores the importance of consulting our knowledgeable Melbourne, FL car accident lawyer after serious roadway incidents.

According to witnesses and emergency responders, the crash occurred around 12:25 p.m. in the southbound lanes of I-95 near mile marker 188. The woman’s three children—aged five months, three years, and five years—were trapped inside the burning vehicle. Bystanders, including family members and passersby, heroically smashed windows and worked together to pull the children out. One woman, described as small enough to fit into the vehicle, climbed in and rescued the kids moments before the engine compartment became fully engulfed in flames.

The heroic effort of those on the scene is a sobering reminder of how fast lives can change on Florida highways. Although the initial witness accounts describe the incident as a tragic accident rather than one involving negligence, the crash remains under investigation by Florida Highway Patrol. For the victims’ families and others affected by traumatic accidents, contacting our Melbourne car accident attorneys can provide critical guidance and support.

Legal Help For Car Accident Victims

This heartbreaking event highlights the importance of legal help in the aftermath of serious vehicle accidents. At Tuttle Larsen, P.A., we understand how devastating these situations can be for families, especially when children are involved. Our firm is committed to helping accident victims and their families get the legal and financial help they need to recover.

With decades of combined legal experience and recognition as Super Lawyers, our team offers a deep understanding of personal injury law in Florida. We represent clients in Vero Beach, Palm Bay, Melbourne, and throughout Indian River and Brevard Counties, expanding our reach to those in need. Our clients trust us because we have a proven track record of courtroom excellence, extensive knowledge of personal injury cases, and the highest ethical standards.

If you’ve been injured in a crash, our car wreck lawyers can help determine liability, deal with insurance companies, and pursue fair compensation. Serious accidents, especially those involving children or fatalities, require swift legal action. Our vehicle collision lawyers can gather critical evidence—such as tire failure reports, vehicle maintenance records, and traffic camera footage—to support your claim.

We know that the aftermath of a traumatic wreck goes beyond physical injuries. Victims often face lost wages, emotional trauma, and uncertainty about how to move forward. That’s why our auto accident lawyers offer compassionate service and strategic legal representation tailored to each client’s unique situation. Whether your case involves negligence, defective vehicle parts, or dangerous road conditions, we’re prepared to fight on your behalf.

If you or a loved one has been affected by a motor vehicle crash, don’t face the aftermath alone. Contact Tuttle Larsen, P.A. today to speak with our experienced Melbourne car accident lawyers. We’re ready to help you through the legal process and seek the compensation you deserve.

Aquarium Crash Highlights Driving Dangers

In a bizarre and unfortunate turn of events, a Florida SUV crashed into a Fort Pierce aquarium. The crash occurred after a speeding vehicle collided with the concrete building. While thankfully no life-threatening injuries were reported, the incident sparked viral attention. As authorities cleaned up the scene, the event served as a stark reminder of how quickly ordinary driving conditions can turn chaotic. If you’re involved in a serious crash in Florida, working with our trusted Fort Pierce, FL car accident lawyer can be crucial in protecting your rights and financial recovery.

At 10 a.m., the vehicle “came flying down the street,” the business owner told reporters. The crash impacted 4,500 pounds of water and coral, frightening the owners and causing extreme damage to their aquarium. Though the circumstances were out of the ordinary, it underscores a very common risk: how aggressive driving can quickly create potentially dangerous situations.

Incidents like this are not just disruptive—they can also have legal implications, especially if there are questions of liability or negligence. Our experienced Fort Pierce car accident attorneys can help car crash victims understand their rights and recover compensation for injuries, vehicle damage, and lost wages.

Our Dedicated Car Crash Attorneys Are Here To Help

While this crash may have gained national attention for its oddity, many others across Florida involve far more tragic consequences. Our team is deeply familiar with the challenges injured victims face after an accident. Whether it’s a multi-car pile-up or a single-vehicle crash, victims often face expensive medical bills, vehicle repairs, and insurance companies that are reluctant to offer fair settlements.

Our firm has been recognized as Rising Stars by Super Lawyers, and we’ve received recognition from Martindale-Hubbell for our level of professional excellence. That distinction reflects our deep legal knowledge, trial skills, and commitment to ethical representation. We also focus heavily on personalized service, meaning we take the time to understand each client’s unique case, injuries, and goals.

If you’ve been injured in a wreck, our skilled auto accident lawyers can investigate the cause, gather evidence, and negotiate with insurers. Cases may involve distracted driving, speeding, poor road conditions, or improper cargo storage—as highlighted by the aquarium crash. Victims should never feel pressured to accept a lowball offer from insurance adjusters. Our car wreck lawyers work with accident reconstruction specialists and medical professionals to build strong claims backed by facts and work one-on-one with you, explaining the next steps you should take after a crash.

As trusted vehicle collision lawyers, we also handle litigation when insurers refuse to settle fairly. We represent clients through every stage of the process—from initial consultation to courtroom trial if necessary. Whether you’re dealing with broken bones, whiplash, or more serious injuries, your focus should be on recovery while we focus on results.

If you’ve been injured in a vehicle crash—no matter how unusual the circumstances—don’t wait to get legal help. Contact Tuttle Larsen, P.A. today to speak with our dedicated Fort Pierce car accident lawyers, who will fight for the compensation you deserve. We’re ready to help you move forward with confidence.

Answering Your Slip And Fall Questions

Slip and fall accidents can happen almost anywhere—a store, a parking lot, or even someone’s home, and if you have been injured in a slip and fall, our Melbourne, FL slip and fall lawyer is here to help you. Slip and fall accidents often lead to serious injuries and unexpected medical bills. With over 60 years of combined experience, our attorneys have the knowledge necessary to help you pursue the financial recovery that you deserve. Our firm serves clients in Vero Beach, Palm Bay, Melbourne, and throughout Indian River and Brevard Counties. Contact Tuttle Larsen, P.A. today to schedule a consultation.

What Should I Do Right After A Slip And Fall Accident?

Immediately after an accident, health should be the top priority. Seek medical attention even if your injuries seem minor. Immediate treatment is crucial not only for protecting your health but also for creating a record linking your injuries to the accident. Report the incident to the property owner or manager and ask for a written report if possible. If you can, take photos of the scene, your injuries, and anything that may have contributed to the fall. Get contact information for any witnesses. The more information you can gather early on, the better.

Can I Still File A Claim If I Don’t Fall On Public Property?

Yes, you can. Property owners—whether they manage a business, rental property, or private home—have a responsibility to maintain safe conditions. If their negligence caused your injury, you may have a valid claim. Even a fall on a friend’s property may be covered by their homeowner’s insurance, depending on the situation.

How Long Do I Have To Take Legal Action After A Slip And Fall?

In Florida, the statute of limitations for most personal injury cases is two years from the date of the accident. That means you need to file a lawsuit within that window or you may lose the right to do so. It’s best to speak with our slip and fall lawyer early, since delays can impact your ability to collect evidence and build a strong case.

What If I Was Partially At Fault For The Accident?

Florida follows a modified comparative negligence rule. That means you can still recover compensation if you were less than 50% at fault for the accident. However, your compensation may be reduced based on your level of responsibility. For example, if you were 20% at fault, your recovery would be reduced by that percentage. By discussing your case with our attorney, you can form a better understanding of your case and the role that fault plays.

Do I Need A Lawyer To Handle A Slip And Fall Claim?

You aren’t required to have a lawyer, but it’s very helpful. Slip and fall cases involve property conditions, medical records, insurance policies, and often a lot of back-and-forth with adjusters. A knowledgeable and experienced slip and fall lawyer can help you understand your options, gather evidence, and deal with the insurance process so you can focus on recovering.

Contact Our Melbourne Slip And Fall Lawyer Today

If you were injured in a fall and have questions about what to do next, we’re here to help. Our team of attorneys are committed to helping people understand their rights and pursue fair outcomes. Contact Tuttle Larsen, P.A. to talk through your situation and find out how we can assist you.

Truck Crashes Into Port St. Lucie Home

A shocking incident unfolded in Port St. Lucie when a man drove his pickup truck directly into his own home following a domestic dispute. Our Port St. Lucie, FL car accident lawyer has seen how devastating vehicle-related property damage and domestic incidents can be—this situation is a reminder of how quickly things can escalate.

According to the St. Lucie County Sheriff’s Office, the crash occurred along Airosa Boulevard near Lucero Drive. The driver, identified as the homeowner, intentionally crashed a white pickup truck into the house after a domestic-related argument with his wife. The damage was significant: the front of the home was torn open, exposing the living room, furniture, and even personal items like a lamp, with debris scattered across the yard.

St. Lucie County Fire Rescue responded quickly and blocked off part of the road while crews installed temporary beams to stabilize the structure. Officials later confirmed the home is no longer safe to live in. One neighbor, who has lived in the area for over a decade, said he was stunned to see the destruction on a street just over from his own.

This incident highlights how vehicle misuse, even in a domestic context, can create substantial property damage, emotional trauma, and legal consequences. In moments like these, our Port St. Lucie car accident attorneys can help victims sort through liability issues, potential claims, and necessary next steps.

Legal Help For Property Damage And Personal Injury

At Tuttle Larsen, P.A., we represent individuals whose lives have been disrupted by serious vehicle-related incidents, including those like the truck accident on Airosa Boulevard. Whether the crash occurs on a roadway or in a residential setting, victims deserve a thorough legal evaluation of their situation. Our team brings over 60 years of combined experience in personal injury law and a reputation for responsive, client-centered representation throughout the Treasure Coast.

Led by board-certified civil trial attorneys who are deeply involved in the local community, our firm is dedicated to seeking appropriate compensation for property damage, emotional distress, and any injuries resulting from acts of negligence or misconduct. Cases like this—where personal conflicts cross into reckless driving—can quickly grow complicated. We’re here to help clients understand their rights and pursue all available legal remedies.

When A Vehicle Becomes A Weapon

While most motor vehicle accidents stem from careless driving or traffic violations, some incidents—like this one—are intentional. Even so, insurance coverage, civil liability, and victim compensation are all legal issues that still need to be addressed. As car wreck lawyers, our job is to help victims recover financial support for repairs, relocation, emotional hardship, or medical care if injuries occurred.

Our vehicle collision lawyers routinely represent victims of high-impact crashes with structural damage, domestic incidents involving reckless vehicle use, claims related to emotional and psychological trauma following property destruction, and motor vehicle accident cases involving DUI, road rage, or intentional misconduct.

Every case we take on receives personalized attention. We understand the emotional weight of these situations and work diligently to support our clients through every phase of their recovery. We’re here to answer your accident-related questions and help you through the legal process one step at a time.

Let Us Help You Move Forward

We know the emotional toll and financial strain incidents like this can place on families. If you’ve experienced property damage, injury, or trauma because of a reckless or deliberate act involving a vehicle, get in touch with our Port St. Lucie car accident lawyers to learn more about how we can help. Our attorneys at Tuttle Larsen, P.A. will help you understand your options and take action to protect your future. Our traffic accident lawyers are here for you.

Port St. Lucie Crash Shuts Down Road

A serious multi-vehicle collision at a busy Port St. Lucie intersection sent three people to the hospital and temporarily shut down traffic recently. Our St. Lucie County, FL car accident lawyer knows that crashes like this can change lives in a matter of seconds—that’s why we offer dedicated support to victims of such accidents.

According to the Port St. Lucie Police Department, the crash occurred around 11 a.m. at the intersection of Southwest California Boulevard and Southwest Del Rio Boulevard. Authorities said a vehicle traveling on Del Rio Boulevard ran a red light, causing the crash involving three separate vehicles.

One passenger was airlifted to Lawnwood Regional Medical Center with injuries deemed severe enough to prompt a trauma alert. Thankfully, officials later confirmed those injuries were no longer life-threatening. Two additional individuals were taken by ambulance to a nearby hospital, though their conditions have not yet been released.

The intersection was closed for several hours while investigators worked the scene and documented the damage. It has since reopened. Accidents like this are tragic reminders of how quickly an ordinary drive can become devastating due to one driver’s mistake. In these moments, having our experienced St. Lucie County car accident attorneys on your side can make a significant difference when you’re dealing with medical bills, insurance claims, and uncertainty after a car accident.

We Help With Serious Vehicle Collision Cases

At Tuttle Larsen, P.A., our legal team provides focused representation for those injured in all types of traffic collisions. Whether caused by negligence at an intersection or a high-speed highway crash, our attorneys are ready to stand by your side. We bring over 60 years of combined experience assisting injured clients throughout Florida and are deeply familiar with what it takes to pursue full and fair compensation after a serious incident.

Our team is proud to offer personalized service that starts with truly listening. As a small firm, we offer close attention to detail and legal strategies tailored to each client’s needs. Our board-certified civil trial attorneys are known for delivering results through diligence and compassionate representation.

We regularly assist clients involved in intersection crashes like the one at Southwest Del Rio and California Boulevard, often involving red-light violations or distracted driving. We also assist in rear-end or side-impact collisions on local streets and highways, commercial truck and delivery vehicle accidents, and rollover accidents, including those caused by tire blowouts or unsafe lane changes.

In every case, our auto accident lawyers work to gather the evidence, calculate fair damages, and hold the responsible party accountable.

Legal Support For Your Recovery

A crash can lead to more than just physical pain. It often results in lost income, emotional distress, and overwhelming paperwork. As trusted St. Lucie County car accident lawyers, we help people manage the legal side of their recovery so they can focus on healing. Our car wreck lawyers have the resources and commitment to assist you every step of the way.

Our vehicle collision lawyers at Tuttle Larsen, P.A. are here to guide clients with compassion and clarity. We understand how stressful the aftermath of a crash can be, and we take pride in offering legal representation grounded in trust and experience. If you’ve been injured in a traffic crash and need support, reach out to our traffic accident lawyers today. We’re ready to review your case and help you move forward with confidence.

Vehicle Fire Shuts Down I-95 In Melbourne

A serious vehicle fire on Interstate 95 disrupted traffic in Melbourne, Florida, on Thursday afternoon, causing all southbound lanes to close near mile marker 183. According to the Florida Department of Transportation (FDOT), the incident occurred just before the State Road 518 exit and brought traffic to a standstill for several miles. Images from nearby traffic cameras showed heavy smoke pouring from what appeared to be a recreational vehicle (RV), prompting immediate emergency response. This incident highlights the sudden danger and widespread disruption a vehicle fire can cause and raises safety concerns for all drivers. If you were involved in or affected by such an accident, our Melbourne, FL car accident lawyer may be able to provide valuable legal guidance.

As of the latest report, traffic was backed up for approximately three miles, and the on-ramp to the highway in the affected area was also closed. Emergency personnel worked quickly to contain the fire and restore traffic flow, but the delay created a major headache for afternoon commuters and travelers along Florida’s busy I-95 corridor. This situation serves as a reminder of how quickly vehicle issues can escalate into dangerous traffic incidents, particularly on high-speed roadways. While this specific incident is still under investigation, it underscores the risks involved in all types of motor vehicle travel.

Whether caused by mechanical failure or other contributing factors, fires and collisions often have lasting consequences. For those impacted by serious road incidents—especially ones involving injuries or property loss—having access to legal counsel is essential.

Legal Help For Vehicle Fire And Crash Victims

When dangerous highway events like this RV fire occur, the legal aftermath can involve injury claims, property damage, insurance disputes, and even questions of liability. At Tuttle Larsen, P.A., we help clients deal with the legal aftermath of serious traffic incidents with clarity and confidence. If you or a loved one has been injured or your vehicle has been damaged in a roadway event, our Melbourne car accident attorneys are prepared to help you understand your rights and next steps.

As a firm rooted in the community, we bring more than 60 years of combined legal experience to each case. Our attorneys are dedicated to personalized client service and have been recognized for our ethical representation and trial experience. We are proud to be AV Preeminent® rated by Martindale-Hubbell and Board Certified in Civil Trial Law by The Florida Bar—credentials that reflect our commitment to strong and trustworthy legal advocacy.

Our team has worked with a wide range of accident cases, including those involving fire-related injuries, multi-car collisions, and road closures. If you’re seeking support from an auto accident lawyer, our attorneys are here to help. We also assist with claims involving insurance disputes, injuries from sudden mechanical failures, and claims involving commercial and recreational vehicles.

In cases involving fires, determining liability can be more difficult than in typical accidents. Our motor vehicle lawyers can help with identifying whether a manufacturing defect, maintenance issue, or third-party negligence contributed to the incident. Our car wreck lawyers will work closely with medical professionals and accident reconstruction specialists when necessary to pursue full and fair compensation.

We Provide Dedicated Support For Accident Victims

If you’ve been injured in a fire or traffic crash, or you’re facing costly repairs or lost time from a roadway incident, reach out to our trusted Melbourne car accident lawyers today. At Tuttle Larsen, P.A., we’re committed to helping you recover both financially and personally. Contact us for a free consultation and let us help you move forward with confidence.

Hot Topic: Hot Coffee

As a Vero Beach, FL personal injury lawyer who has been rated by Super Lawyers can share, a jury in California recently awarded a $50 million verdict to delivery driver Michael Garcia. Many people scoff when they hear about a headline like this. They assume it is a frivolous lawsuit, and the amount awarded is somehow inflated. What could a sum like $50 million even be based on?

In this instance, Mr. Garcia was severely burned at a Starbucks. Working as a delivery driver for a popular food delivery app, Mr. Garcia was picking up three hot beverages that were placed into a carrier and handed to him by a barista through the drive thru window. One of the beverage lids was not properly secured and video shows the popular hot tea concoction known as a “medicine ball” ended up in Mr. Garcia’s lap within seconds of taking hold of the tray with the lid coming off entirely. According to his lawyers, Mr. Garcia suffered “severe burns, disfigurement, and debilitating nerve damage to his genitals”. Third degree burns to his inner thigh, groin, and penis, resulted in multiple skin graft procedures.

Starbucks offered Mr. Garcia several million dollars to settle this case prior to trial. Mr. Garcia and his legal team did not accept the offer and proceeded with a jury trial. Based on all the information they received specific to this case, including testimony from experts, the jury awarded Mr. Garcia a $50 million verdict. Starbucks announced they planned to appeal that verdict. A company representative stated, “We sympathize with Mr. Garcia, but we disagree with the jury’s decision that we were at fault for this incident and believe the damages awarded to be excessive. We have always been committed to the highest safety standards in our stores, including the handling of hot drinks.”

If you or someone you love has ever been injured in an accident, you know firsthand that a serious injury is much more than just a headline. An accident or injury can be devastating and potentially impact every facet of life. There are many complex factors to consider in any personal injury recovery such as how an insurance company will handle the claim. Mr. Garcia suffered severe burns, but there is so much more to assess when it comes to seeking compensation. Damages are money paid to plaintiffs to compensate them for their injuries. They can take the form of monetary losses, non-monetary losses, and punitive damages. In this case, Mr. Garcia was awarded several types of damages for physical pain, mental anguish, loss of enjoyment of life, humiliation, inconvenience, grief, disfigurement, physical impairment, anxiety and emotional distress, according to a recording of the verdict from Courtroom View Network.

Monetary losses include things like medical bills, lost wages, and replacing damaged property. Let’s drill down here a moment: medical bills sound like a simple, straightforward category of damages, right? You might think calculating compensation for medical bills is as simple as tallying up any bills you’ve received in the past as a result of an accident or injury and getting reimbursed. However, there is much more to consider. An experienced personal injury attorney will assess all the angles when it comes to seeking compensation for medical expenses. What about the future? What, as a result of this injury, might someone need in 5 years? 15 years? 50 years?  What ongoing treatments, medical supplies or devices, or procedures like surgeries will be required, and what is a reasonable cost to estimate those future medical costs? Answering these questions about personal injury law as it relates to things such as premises liability or product liability may require the expertise of several types of medical professionals and specialists who can help assess these needs based on their experience.  The personal injury attorney at the helm is tasked not only with ensuring all the angles are considered and accounted for, but also must seek out qualified experts in their respective fields to provide the necessary data. Medical bills are just one sub-category of the three types of damages.

When it comes to personal injury, no two cases are identical. Mr. Garcia was 25 years old at the time he sustained the injury back in February of 2020. His age, activity level, lifestyle, occupation, capacity for future earnings, marital status and an array of other factors all play a role in the compensation he received. Non-monetary losses take into account things like pain and suffering. Injuries can result in emotional distress, humiliation, fear, anxiety, and more.

Mr. Garcia’s case is not the first that made headlines and revolved around a piping hot beverage. In some ways, this case is reminiscent of Liebeck V. McDonald’s Restaurants. This infamous case was late night tv fodder for weeks and even had a documentary made about it. The facts of the case were often misrepresented in popular media, the headlines surrounding the case misleading and reductionist. Many joked about how a woman “made millions” when common sense should have told her the hot coffee she ordered would be hot. How could this woman sue for spilling hot coffee on herself?

In this matter, Stella Liebeck, a 79-year-old woman purchased a .49 hot coffee from McDonald’s drive thru. Her grandson was driving a vehicle that she was a passenger in as they visited the McDonald’s drive thru. The coffee, later determined to have been prepared at a temperature of 180-190 degrees, spilled in her lap while she was adding cream and sugar to it. She suffered third degree burns through her sweatpants and underwent multiple skin grafting treatments. She was rendered partially disabled for two years.

Initially, Ms. Liebeck offered to settle the case with McDonald’s for $20,000. McDonald’s refused, offering $800, a sum that did not even cover her medical expenses. She also asked the company to reduce the temperature of its hot coffee to prevent others from being injured in the future. The case wound up in a New Mexico court in 1994 after attempts to settle were unsuccessful.

Permanent injuries cannot simply be undone or reversed. So, how do you compensate an injured person fairly? How do you endeavor to make them whole for what they have endured? Compensatory damages are design to help place a dollar amount on a plaintiff’s injuries. In this case, the jury awarded Stella Liebeck $200,000 in compensatory damages, or damages intended to make her physically and emotionally whole. The jury did assign some responsibility to Ms. Liebeck in this matter. Specifically, they found her to be 20% responsible for the incident, so her compensatory damages award was reduced to $160,000.

The jury also awarded her $2.7 million dollars in punitive damages. Punitive damages are not intended to compensate the victim. As the name indicates, they are intended to “punish” the defendant when their conduct has been deemed especially reckless or outrageous. Why was McDonald’s subject to punitive damages in this case? At the time of the case, the industry standard for serving hot coffee was deemed to be 135-150 degrees. Throughout the testimony and exhibits presented during the trial, the jury became aware of some 700+ people of all ages had been burned by McDonald’s coffee which was being served some 30 to 40 degrees hotter than other industry contemporaries. One of Ms. Leibick’s legal representatives demonstrated that McDonald’s required franchisees to serve the coffee at this temperature intentionally. The trial judge called McDonald’s actions “willful, wanton, and reckless”.  The judge ultimately also reduced the amount of punitive damages down to $480,000. As for “making millions”, though this case went to trial, it was ultimately settled for an undisclosed amount, many speculating that it was for less than $500,000.

Mr. Garcia and Ms. Liebeck remind us that just as no two people are the same, no two personal injury cases are identical. There are a number of complex factors to consider when it comes to pursuing a personal injury claim. A personal injury attorney helps advocate on behalf of their clients to get the compensation they are entitled to based on assessing the complete picture. The “headline” doesn’t tell the entire story. When a person is injured, sometimes the at fault party or other companies involved try to hastily settle. An attorney is responsible not only for legal strategy, but for assembling all the resources required to get the best possible outcome for the client based on their unique situation. When you are seriously injured, having an expert personal injury attorney in your corner can make all the difference. A good personal injury attorney will make the complex nuances of the legal process less intimidating and as easy to understand as possible so you can focus on your recovery. They help assess all the complex angles of a case to ensure all compensation you may be entitled to receive is pursued. Just as there are different phases of medical treatment you receive when dealing with an accident or injury, there are different phases within the legal process. Your attorney should provide you with a clear overview of what to expect and keep you informed at every step throughout the process. Whether a case settled or is tried before a jury, the goal of the personal injury attorney should always be to get the best results for the client based on their unique circumstances. Tuttle Larsen, P.A. is a personal injury law firm in Vero Beach, FL. Attorneys Jesse H. Larsen, Douglas Tuttle, and Jon Jacob Ashenback have 50 years of combined legal experience. They offer a no-obligation free consultation. Services areas include: Vero Beach, Fort Pierce, Sebastian, Indian River Harbor, Malabar, Gifford, Port St. Lucie, St. Lucie County, Indian River County, the Treasure Coast.

This blog posts contains personal opinions. The author is an employee of Tuttle Larsen, P.A. She holds a Masters Degree in business administration.

Livestream Wrongful Death Questions

Livestream Wrongful Death Questions

With the rise of social media has come livestreamed events. While fun and interactive, there is still an element of danger to these events as people are normally more focused on being on camera than what is around them. As a Melbourne, FL wrongful death lawyer can explain, injuries happen all the time on livestreams, and those injuries — particularly the ones that lead to death — can be made part of a legal case. If you have lost someone due to a livestreamed event, contact us at Tuttle Larsen, P.A. for help.

Can Families Sue If Someone Dies During A Livestreamed Event?

Yes, in certain situations, families may be able to bring a wrongful death claim if a person dies during a livestreamed incident. Whether it’s a car crash, dangerous stunt, or act of violence, if another party’s negligence or misconduct contributed to the death, a legal case may be possible. Livestreaming can provide direct evidence of what happened, which can help establish liability.

What Type Of Evidence Matters Most In Livestreamed Wrongful Death Cases?

We focus on gathering video content, timestamps, eyewitness accounts, and any comments or actions that happened in real time. These cases often involve platforms like Instagram, YouTube, or TikTok, so digital data can be preserved to build a timeline. In some cases, the livestream itself captures the exact moment and cause of harm. That kind of detail is rarely available in traditional cases, which is why these cases can be so unique.

Can A Content Creator Be Held Responsible For A Livestream-Related Death?

They can be held liable if their actions or inactions caused or contributed to the death. For example, encouraging someone to do something unsafe on camera or creating an environment where the risk of harm was obvious could support a wrongful death claim. That might apply whether the person who died was the one streaming or someone else involved. Each case depends on the facts, and that’s where legal experience becomes important.

What About The Platform That Hosted The Livestream?

Holding a platform accountable is more difficult due to current federal protections for online content providers. However, we still look into their policies, how they responded to reports, and whether they allowed harmful behavior to continue unchecked. While lawsuits directly against platforms may face legal challenges, their role could still be relevant in broader case strategy or media coverage.

How Can We Move Forward If We Believe Livestreaming Played A Role In A Loved One’s Death?

Start by documenting everything you can. Save videos, screenshots, and comments, and write down what you remember. From there, it helps to speak with a wrongful death attorney who understands digital evidence. Attorneys can attest to how important timing and preservation of information can be. These cases involve emotional and technical factors, but they deserve attention just like any other wrongful death.

As a, we take these claims seriously — no matter how unconventional they may seem. Livestreams often reveal real-time actions and decisions that are vital to uncovering what happened. We’ve been rated by Super Lawyers and awarded a Peer Rated for Highest Level of Professional Excellence from Martindale-Hubbell. These cases require a thoughtful, thorough approach, and we’re here to help. If you’ve lost someone in a tragic event tied to livestreaming, reach out to us at Tuttle Larsen, P.A. We’re ready to review your situation and talk about next steps.