Category Archives: Personal Injury
Supreme Court Declines To Consider Ex-Army Cadet’s Rape Lawsuit
Personal injury lawsuits against a government agency are always more complicated than those involving individuals or private businesses. In the United States, the general rule is that a government has “sovereign immunity” from civil suits unless there is an express waiver in place. When it comes to routine personal injury claims–say, a car accident… Read More »
What Happens When You Are Forced Into Arbitration–But Cannot Agree On Who Should Be The Arbitrator?
There are some situations where a personal injury or wrongful death claim may be settled through binding arbitration instead of traditional litigation. Arbitration often comes up in the context of legal claims against nursing homes, which may ask residents to sign binding arbitration agreements during the admissions process. Federal and state laws tend to… Read More »
How Can Medical Insurance Benefits Affect My Personal Injury Award?
One of the most basic principles of personal injury law is that an accident victim is entitled to compensation for their medical expenses. In simple terms, if you are injured in a slip-and-fall accident, and your subsequent medical bills come to $10,000, the negligent property owner can be required to pay you $10,000 in… Read More »
How Do You Prove Damages For “Loss Of Earning Capacity”?
In a personal injury case, the victim may seek damages related to their loss of income. For instance, if you were injured in an auto accident and had to take time off from work to seek medical treatment, you could sue the other driver and ask them to compensate you for your lost wages…. Read More »
Can I Sue A Negligent Driver’s Insurance Company?
In practical terms, many personal injury claims are paid by insurance companies. For example, if you sue a negligent driver for causing an auto accident, any award will likely be paid by their insurance carrier. So can you “skip the middleman” as it were and just sue the insurance company directly? No. Florida has… Read More »
Is A Franchisor Responsible For Personal Injury Lawsuits Filed Against An Individual Franchisee?
One of the basic rules of personal injury law is that a “superior” can be held legally responsible for the acts of a “subordinate.” For example, if you are driving your car and are struck by a delivery van, you can sue the delivery company for its employee’s negligence. As far as the law… Read More »
How Does “Personal Jurisdiction” Affect a Florida Personal Injury Lawsuit?
If you want to file a personal injury lawsuit in a Florida court, you must establish that the court has “personal jurisdiction” over the defendant. This is usually not a big deal. For example, if you are a Florida resident and get into a car accident with another Florida resident, a Florida court clearly… Read More »
How Does Bankruptcy Affect a Personal Injury Claim?
It is not uncommon for car accident victims to win large personal injury awards from a jury. But collecting on that judgment is often easier said than done. A defendant who is unable to pay the judgment may decide to file for bankruptcy. So how does that affect the accident victim’s rights? Discharging a… Read More »
Why Would My Personal Injury Case Be Heard in Federal Court?
Personal injury generally falls under state law. This means if you need to sue someone for causing a car accident, you will do so in a Florida circuit court. But in some cases, the person you sue has the right to transfer your lawsuit to a federal court. This process is known as removal…. Read More »
How Auto Accident Negligence Laws Differ Between Florida and Its Neighboring States
In some cases, it is easy to find one driver solely responsible for causing an auto accident. Consider a drunk driver who runs a red light and plows into a minivan that is lawfully in the intersection. But other accidents are not so easy to place blame. Maybe both drivers entered the intersection illegally,… Read More »
