Recent Blog Posts
What Happens When A Defendant Never Responds To A Personal Injury Lawsuit?
When you file any type of lawsuit the defendant–the person you are suing–is given a deadline to file a formal reply or “answer” to your complaint. This is just one of many deadlines that both sides need to comply with as part of the litigation process. A party that fails to act before such… Read More »
Can A Personal Injury Defendant Waive Its Contractual Right To Arbitration?
Many private contracts contain arbitration provisions that require parties to submit any legal disputes to an arbitrator rather than a court. Such contracts are generally enforceable under federal and Florida law. That said, a party can effectively waive its right to arbitration by initiating or participating in litigation unilaterally. In other words, let’s say… Read More »
Florida Supreme Court Issues Important Pro-Plaintiff Ruling In Personal Injury Case
Before the trial of any personal injury lawsuit, both sides have the right to discovery, i.e., the right to demand certain information relevant to the case from one another or third parties. There are, of course, limits to the type of information that may be discovered. For example, if you are the plaintiff, you… Read More »
Is A Defendant’s Net Worth Relevant When Asking For Punitive Damages In A Personal Injury Lawsuit?
Punitive damages are not ordinarily awarded in Florida personal injury cases. By punitive damages, we mean a financial award that is meant to punish the defendant for intentional or grossly negligent acts as opposed to ordinary negligence. In other words, if someone runs a stop sign and hits your car, that type of ordinary… Read More »
Florida Appeals Court Orders New Trial After Car Accident Victim Denied The Right To Read Deposition Testimony To Jury
Just because an insurance company may be contractually obligated to pay for your medical treatment following a car accident, that does not guarantee the insurer will not try and put up a fight first. Insurers do have the right under Florida law to deny treatment if they can prove it is not “reasonable, medically… Read More »
How Diversity Jurisdiction Works In Florida Personal Injury Cases
Most personal injury lawsuits are filed in state court. The reason for this is simple: Personal injury claims are generally governed by state law. But there are situations where a federal court may hear a personal injury lawsuit, and as a result you end up dealing with a mixture of state and federal law…. Read More »
Does An Arbitration Agreement In A Home Purchase Contract Protect A Developer From A Personal Injury Lawsuit?
Arbitration agreements are often used by corporations to try and avoid personal injury litigation. For example, nursing homes often demand residents sign such agreements as part of their admissions paperwork. Even when arbitration may prove to be grossly unfair to an injured party, Florida courts will often uphold them as a matter of law…. Read More »
Does The Defendant Have To Pay My Legal Fees If I Win My Personal Injury Case?
The general rule in Florida civil litigation is that both sides are expected to pay their own attorney fees regardless of the outcome of the case. In other words there is no automatic “loser pays” rule. But there is a notable exception, Florida law does make it possible for a plaintiff or defendant to… Read More »
Who Is A “Necessary Party” To A Florida Wrongful Death Claim?
When a person is killed in an accident, any potential personal injury claim they might have dies with them. Instead, Florida law authorizes a separate cause of action known as a wrongful death claim. The personal representative of the victim’s estate has the exclusive right to bring such a claim. Although the victim’s survivors,… Read More »
Proving Economic And Punitive Damages In A Florida Personal Injury Case
In any type of personal injury case, the burden is on the victim to prove their damages. With respect to economic damages, this can include providing expert testimony to help a jury calculate a plaintiff’s total economic losses arising from an accident. And if the plaintiff seeks punitive damages as well, they must show… Read More »
