Monthly Archives: July 2022
Why You Need To Prove Both Liability And Damages In A Florida Personal Injury Case
There are two key elements of any personal injury case: liability and damages. If you are the plaintiff, you must not only show the defendant caused your injuries, you also need to explain what those injuries were. Indeed, many personal injury cases are tried solely on the issue of damages after the defense concedes… Read More »
How Florida Personal Injury Settlements Can Still Lead To Litigation
Personal injury cases are usually resolved by some sort of settlement. But a settlement is more than a “handshake” agreement. It is a written contract subject to many of the same rules as any other business agreement. And if a dispute arises over the interpretation of a personal injury settlement, a Florida court will… Read More »
Is Taking Away A Patient’s Walker An Act Of “Medical” Negligence?
There is a critical distinction in Florida law between ordinary negligence and “medical negligence,” i.e., medical malpractice. If you are, say, injured in a slip and fall accident at the store, you can file a personal injury lawsuit against the owner for negligence. But if you are injured while receiving medical care, the law… Read More »
Does Receiving Medicare Affect My Damages In A Florida Personal Injury Case?
Historically, a negligent driver could not benefit from any “collateral sources” of compensation available to their accident victims. For example, if a drunk driver caused an accident, the victims’ health insurance benefits would not be taken into account when awarding damages in a subsequent personal injury lawsuit. The law basically assumed that the drunk… Read More »
How Florida’s Discovery Rules Can Affect Your Personal Injury Case
In any lawsuit, both sides may be asked to disclose confidential or sensitive information. There are rules that courts must follow in deciding whether to permit discovery of such information by the other party. These rules balance the need for discovery with valid privacy concerns. Appeals Court: Judge Required to Review Defendant’s Medical Records… Read More »
Does My Boss Have To Pay For My Car Accident If I’m Injured While Traveling To A Job?
When it comes to personal injury cases, an employer can often be held liable for the negligent acts of their employees. To give a common example, say a driver is making a delivery for their employer and they cause an accident by running a stop sign. The people in the other car who are… Read More »
Florida Appeals Court Will Enforce Arbitration Agreements Despite “Unconscionable” Provisions
Florida nursing homes and assisted living facilities (ALFs) are notorious for inserting binding arbitration clauses into resident admission paperwork. By signing on the dotted line, the resident–or oftentimes, their agent–effectively waive the right to bring a lawsuit in the event of serious injury or death at the hands of the facility’s staff. And even… Read More »
