Author: Jason Brazelton

  • Trustworthiness: Why Honesty May Be The Most Important Part Of Your Injury Claim

    If you’ve been hurt in an accident, it’s natural to want your case to reflect just how much it’s affected your life. But there’s an important lesson buried in a recent Florida Supreme Court ruling: exaggerating your injuries — even a little, even because you think it will “help” your case — can end up costing you everything, including the parts of your claim that were completely legitimate.

    Here’s what happened, and what it means for you.

    The Case: Publix Gets A Slip-and-Fall Case Thrown Out

    In Publix Super Markets, Inc. v. Goga (Fla. Sup. Ct., No. SC2024-0669), a woman named Jonida Goga slipped on spilled dish soap at a Publix store in Pompano Beach. She later sued the store, claiming serious injuries to her neck, back, pelvis, and hip. She told the court, under oath, that she could no longer lift her children, bend at the waist, or play with them in the pool.

    The problem was that the store’s security cameras showed her continuing to shop right after the fall. Then Publix hired a private investigator, who recorded her doing many of the exact things she’d sworn she could no longer do — lifting and carrying her kids, loading groceries into her car, and bending without any visible trouble.

    At a hearing, the trial court found clear and convincing evidence that she had repeatedly lied about her limitations. As a result, the court threw out her entire lawsuit — not just the exaggerated parts, but the whole thing, including her claim for medical bills for treatment already provided.

    An appeals court initially gave her a partial win, ruling that only the claims based on her own word (like pain and suffering) should be thrown out, while her medical expense claim could go forward. But the Florida Supreme Court disagreed. It ruled that when a person’s dishonesty, in the Court’s words, “comprehensively infected the integrity” of their case, a trial court is allowed to dismiss the entire lawsuit — not just the pieces built on the person’s own testimony.

    Why This Should Matter to You

    You might be thinking: I would never lie about my injuries. Most people wouldn’t put it that way. But exaggeration can creep in without feeling like lying:

    • Rounding up how much pain you’re in because you assume the insurance company will lowball you anyway.
    • Saying you “can’t” do an activity when the truth is closer to “it’s difficult” or “I try to avoid it.”
    • Downplaying how you’re doing on a good day because you’re worried it will hurt your claim.

    To you, these might feel like small things. To a court, they can look exactly like what happened in the Goga case — and the consequences can be severe. This isn’t a new idea in Florida law, either. Courts have said for decades that the legitimacy of any personal injury case depends on people telling the truth about what actually happened to them. As one Florida appeals court put it, “the integrity of the civil litigation process depends on truthful disclosure of facts.”

    What “All or Nothing” Really Means for You

    Here’s the part that surprises a lot of people: if a court finds that you lied about a central part of your injury, it isn’t limited to throwing out just the exaggerated claim. It can throw out your entire case — including medical bills you actually paid, treatment you genuinely needed, and time off work you genuinely lost.

    In other words, honesty on the parts of your claim you might think are “smaller” or embellish-able protects the parts that are completely real and provable. One inflated answer can put all of it at risk.

    How to Protect Your Case (and Yourself)

    1. Answer every question as accurately as you can — even the uncomfortable ones. If an insurance adjuster, doctor, or attorney asks what you can and can’t do, describe it honestly, including the good days. “It’s hard, and I avoid it when I can” is very different — and much safer — than “I can never do this again.”

    2. Assume you’re being watched. Surveillance cameras, private investigators, and social media are all standard tools used by insurance companies and defense attorneys in personal injury cases. A single photo or video clip that contradicts what you’ve said can undo months of otherwise solid work on your case.

    3. Tell your attorney everything, including the bad news. If you had a prior injury, if you’re having a better week, or if you did something physical you’re not sure you should have — tell your lawyer before the other side finds out. It’s far easier to explain context than to explain away a contradiction.

    4. Remember that your credibility is your case. Medical records and bills matter, but a judge or jury is ultimately deciding whether to believe you. Protecting that trust — by being consistent and honest from your first statement to your final testimony — is one of the most important things you can do for your own claim.

    The Bottom Line

    It’s tempting to think that emphasizing your injuries will help your case. In reality, the opposite is often true. Courts, insurers, and defense attorneys are increasingly good at catching inconsistencies, and as Goga shows, even the Florida Supreme Court is willing to let an entire, otherwise valid claim collapse because of exaggeration or dishonesty about the extent of an injury.

    The most protective thing you can do for your case — and for yourself — is simple: tell the truth, consistently, from the very beginning.


    This post is for general informational purposes only and does not constitute legal advice. The summary of Publix Super Markets, Inc. v. Goga reflects publicly available case information as of August 2026. If you have questions about your own personal injury claim, talk to a licensed attorney in your state.

  • Florida E-Bike Laws: What Riders Actually Need to Know

    If you’ve picked up an electric bike in Florida — or you’re thinking about it — you may have wondered what laws apply. Do I need a license? Insurance? Can I ride it on the sidewalk? Here’s a quick spin of where Florida law currently stands.

    What Counts as an “E-Bike” in Florida?

    Florida law defines an electric bicycle under Florida Statutes § 316.003(23) as a bike with working pedals, a seat, and an electric motor under 750 watts. If your bike meets that description, it falls into one of three classes:

    • Class 1 – The motor only kicks in while you’re pedaling, and it stops helping once you hit 20 mph.
    • Class 2 – Has a throttle, so it can move you without pedaling at all, but still caps out at 20 mph.
    • Class 3 – Pedal-assist only (no throttle), but it keeps helping up to 28 mph, and it has to have a speedometer.

    If a bike goes faster than that, doesn’t have working pedals, or has a bigger motor, it’s not legally an “e-bike” anymore — Florida treats it as a moped, motorcycle, or motor vehicle instead. That matters a lot, because it changes almost everything else discussed below.

    The Big Picture: E-Bikes = Bicycles

    Under § 316.20655, a properly classified e-bike is treated like a regular bicycle on Florida roads. That means, in most cases:

    • No driver’s license needed
    • No registration or title required
    • No mandatory insurance
    • Same rights and responsibilities as any other cyclist — ride in bike lanes, follow traffic signals, yield where a bike would yield, and so on.

    This is the same rule that’s been on the books since 2020, and it’s still current law today.

    Helmets

    Florida doesn’t require adult riders to wear a helmet on an e-bike. Riders and passengers under 16, however, do need one (this comes from Florida’s general bicycle helmet law rather than an e-bike-specific rule). However, even though Florida helmet laws are lax, Braz Law recommends always wearing a helmet when riding on two wheels. Why? Because Florida is a modified comparative fault state – meaning even if you didn’t cause the accident a jury could find you at fault for your injuries for failing to wear a helmet.

    Where Can You Ride?

    Because e-bikes are legally bicycles, they can generally go wherever a regular bike can — streets, bike lanes, and (unless a local ordinance says otherwise) sidewalks and multi-use paths. However, that being said:

    • Cities and counties can add their own restrictions. Some beach towns and busy commercial areas limit or ban sidewalk riding — for example, Tampa restricts it in designated business districts. Always check local ordinances if you’re riding somewhere unfamiliar.
    • Parks and trails set their own rules. State parks, county trail systems, and places like national parks can restrict which class of e-bike is allowed, or ban them outright on certain trails.
    • Existing sidewalk courtesy rules still apply. Florida’s general bicycle statute (§ 316.2065) already requires riders to yield to pedestrians and give an audible signal before passing on a sidewalk or shared path — that duty didn’t go away.

    What About That New E-Bike Bill Everyone Was Talking About?

    Here’s something worth clearing up, because a lot of outdated blog posts are floating around: earlier in 2026, the Florida Legislature passed Senate Bill 382 (companion bill House Bill 243) unanimously in both chambers. It would have added a 10 mph sidewalk speed limit near pedestrians, required audible warnings, set up a crash-data tracking system, and created a new “Micromobility Device Safety Task Force.”

    Governor DeSantis vetoed SB 382 on June 25, 2026, citing enforcement and surveillance concerns. It never became law. So despite what you might read elsewhere, there’s currently no statewide 10 mph sidewalk cap, no e-bike task force, and no special crash-reporting mandate. The rules described above — the ones that have applied since 2020 — remain Florida’s current law.

    What Happens If You Modify Your E-Bike?

    If you tune up your e-bike so it goes faster than 28 mph, remove the pedals, or swap in a bigger motor, you’ve effectively taken it out of the legal “e-bike” category. At that point, Florida treats it like a moped or motorcycle — which can mean you suddenly do need a license, registration, and insurance, and riding it on a sidewalk or in a bike lane becomes illegal. This also applies to electric dirt bikes and “e-motos” that never had pedals to begin with; those were never e-bikes under Florida law, regardless of what the box says.

    If You’re in a Crash

    A few practical points for anyone riding an e-bike in Florida:

    • PIP coverage may apply. If a car hits you, Florida’s no-fault insurance rules generally let cyclists (including e-bike riders) tap into the driver’s Personal Injury Protection coverage, similar to a regular bicycle accident.
    • You only have two years to sue. Florida’s statute of limitations for a negligence-based injury claim is two years from the date of the crash (§ 95.11), following Florida’s Tort Reform changes made in 2023.
    • Fault can get complicated. Florida is a modified comparative fault state. That means you can be partially at fault for some reason, even if you did not technically cause the accident. For example, if you were riding a bike that no longer qualified as a legal e-bike, or you broke a traffic rule, that can affect the percentage of assigned fault.
    • Equipment failures are a separate issue. If a brake, battery, or motor malfunctioned, that may point toward a product liability claim against the manufacturer rather than (or in addition to) a claim against another rider or driver.

    Bottom Line

    For most riders, Florida’s e-bike rules are refreshingly simple: buy a properly classified Class 1, 2, or 3 e-bike, and you get to ride it like a bicycle — no license, no plates, no insurance. The catches are local ordinances (which vary by city and by trail) and modifications that push your bike outside the legal definition. If you or someone you know was injured in an accident involving an e-bike, contact Braz Law for a free consultation today!


  • Billboard Alley: Why Are There So Many Personal Injury Attorneys in Tampa Bay?

    If you live in or visit the Tampa Bay area, you already know the drill. Maybe you were cruising down I-4, merging onto I-275, or listening to local radio and streaming a podcast, and you saw another billboard with an attorney’s face looking down on you, promising justice, or bragging about seven-figure settlements.

    From massive billboard campaigns along our busiest interstate corridors to constant radio and television commercials, personal injury law firms are an inescapable part of the Tampa landscape.

    So, what gives? Why does Tampa Bay seem to have an endless supply of personal injury attorneys? It isn’t just your imagination, in fact, a 2015 Tampa Bay Times article noted that Tampa Bay led the nation in the number of lawyer ads on TV. Here are a few distinct economic, geographic, and legal reasons why this specific corner of Florida has become a hotspot for injury law.

    1. Rapid Population Growth, Tourism, and a Lack of Public Transportation Options Lead to High-Density Traffic and Lots of Car Accidents

    Simply put, there are a ton of accident attorneys because there are a ton of accidents in Tampa Bay and all over Florida. Florida is already the third largest state by population, and Tampa Bay has been one of the fastest-growing metropolitan areas in the country. With thousands of new residents moving to Hillsborough, Pinellas, and Pasco counties every month, roads are busier than ever. During the pandemic, many companies allowed employees to work from home, which meant employees had the freedom to live where they wanted, not where their office was located.

    Add in a booming tourism industry, millions of visitors flocking to downtown St. Petersburg, Clearwater Beach, Busch Gardens, and Tampa year-round, and you have a recipe for congested roadways. High-traffic stretches like the Howard Frankland Bridge, I-4, and US-19 see a high volume of daily commutes, weekend getaways, and unfamiliar drivers. Unfortunately, more cars and pedestrians on the road naturally translate to a higher frequency of auto, motorcycle, and pedestrian accidents.

    Lastly, Florida notoriously lacks suitable public transportation options. Where many metro areas have walkability, high-speed rail, elevated trains, and/or subways, Florida’s urban sprawl-style growth centered around the automobile.

    2. Florida’s Unique Legal and Insurance Climate

    The structure of Florida’s legal and insurance frameworks plays a major role in shaping the personal injury market:

    • The “No Fault” Misnomer: Florida operates under specific no-fault and personal injury protection (PIP) guidelines, alongside modified comparative fault rules. Although Florida’s PIP laws are often referred to as “no-fault” insurance, the number of personal injury attorneys shows that fault is likely an issue in most accidents.
    • Low Insurance Requirements: Compared to some states, Florida’s insurance requirements are fairly lax. Drivers in Florida need only pay for $10,000 in PIP and $10,000 for property damage. This means at-fault drivers aren’t required to carry bodily injury insurance to cover injuries to others.
    • High Percentage of Under/Uninsured Drivers: U.S. News & World Report documented that Florida jumped into the top 10 of states for uninsured motorists, exceeding the 20% threshold. That means roughly 1 in 5 drivers are on the roads without any insurance, and that doesn’t account for the number of drivers who carry only the state minimum coverage.

    Navigating insurance adjusters, policy limits, and liability disputes can quickly become complex for an everyday citizen, creating a high demand for professional legal guidance.

    3. The Need for a High Volume of Cases Turns Law Firms into Marketing Agencies

    Most personal injury attorneys operate on a contingency fee basis. This means clients don’t pay anything upfront or out-of-pocket; instead, the attorney takes a percentage of the final settlement or verdict if, and only if, they win the case.

    While this model makes legal representation accessible to everyday people who couldn’t otherwise afford an hourly attorney, it also changes the business dynamics of law firms. Because firms take on financial risk by funding litigation upfront, they need a steady volume of cases to sustain operations, leading to competitive, widespread marketing efforts. In fact, the largest personal injury firm in the country has an advertising budget in excess of $350 million.

    Accident Victims: What This Means for You

    While the sea of billboards can sometimes feel overwhelming, the underlying reality is simple: accidents happen, and injured people need advocates to help them navigate complex medical bills, lost wages, and uncooperative insurance companies.

    When looking for representation in a crowded market like Tampa Bay, the key is digging deeper to get past all the flashy advertising. Choosing the right attorney comes down to so much more than just the size of the firm’s advertising budget. Factors like local court experience, consistent and prompt communication, and a firm that treats you like a person rather than just another case file matter far more.

    For more tips and advice on choosing the right personal injury attorney, subscribe to this blog for an upcoming series on how to find and pick the right attorney.

    Have you ever wondered about a specific local billboard or commercial campaign? Let us know in the comments below, and reach out to our team if you need trusted guidance after an accident.

  • What to Do After an Injury Accident: 7 Important Steps to Protect Your Health and Legal Rights

    Why Early Action Matters

    After an injury accident, the decisions made in the first hours and days can affect both your recovery and your ability to pursue a legal claim. Taking prompt, careful action helps preserve evidence, document losses, and reduce avoidable complications.

    At Braz Law – Jason A. Brazelton, P.A., we work with individuals and families who need clear guidance during difficult moments. The following steps can help you protect your health and better understand your legal position after an accident.

    1. Seek Medical Attention

    Your health should always come first. Even if an injury seems minor, symptoms may worsen over time, and a prompt medical evaluation creates an important record of the incident and your condition.

    2. Report the Incident

    If possible, report the accident to the appropriate party, such as law enforcement, a property owner, an employer, or a business manager. An official report can become valuable evidence if questions arise later about what happened.

    3. Document What You Can

    Photographs, witness names, contact information, and notes about the scene may all help support your claim. If you are physically able, gather details about the location, visible injuries, property damage, and any conditions that may have contributed to the accident.

    4. Keep Records of Expenses and Losses

    Save medical bills, prescription receipts, repair estimates, and documentation of missed work. These records may help demonstrate the financial impact of the accident and support a more complete evaluation of damages.

    5. Be Careful With Statements

    Insurance companies and other parties may contact you soon after an accident. Before giving recorded statements or accepting a settlement offer, it is wise to understand your rights and the potential long-term value of your claim.

    6. Follow Your Treatment Plan

    Consistent medical care supports your recovery and helps create a clear timeline of treatment. Missed appointments or gaps in care can make it more difficult to show the full extent of your injuries.

    7. Speak With an Attorney

    Legal guidance can help you understand deadlines, preserve evidence, and avoid mistakes that may weaken your case. An attorney can also assess whether you may be entitled to compensation for medical costs, lost income, pain and suffering, and other damages.

    Every accident case is different, and early legal guidance can make a meaningful difference in how a claim is evaluated and pursued.

    How Braz Law Can Help

    Braz Law – Jason A. Brazelton, P.A. provides legal representation and case guidance for clients facing personal injury and litigation matters. Our goal is to offer practical advice, careful case evaluation, and strong advocacy tailored to each client’s circumstances.

    If you have questions after an accident, timely legal advice may help you move forward with greater confidence. Contact us to discuss your situation and learn more about your options.