Category Archives: Personal Injury
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 »
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 »
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 »
Can Nonbinding Arbitration Resolve My Personal Injury Case Quicker?
Litigating a personal injury claim often requires a good deal of time and expense. One way to expedite the process is through non-binding arbitration. Under Florida law, a judge may refer any civil action to arbitration. This is not the same thing as mandatory arbitration, as is sometimes required by contract. Rather, it is… Read More »
If I Win My Personal Injury Lawsuit, Is The Defendant Responsible For Paying My Legal Bills?
Most personal injury lawsuits are settled without the need for litigation. Indeed, it is not unusual for a plaintiff to make a settlement offer to a defendant just before trial and vice versa. Florida law strongly encourages parties to settle. Or put another way, the law punishes those parties that refuse to accept a… Read More »
Understanding “Negligent Entrustment” Claims In Personal Injury Lawsuits
When a negligent driver causes a car accident, the injured victims can seek monetary damages from said driver. In some cases, the victims may also have a personal injury claim against the owner of the vehicle, if they are a different person from the driver. Florida recognizes a cause of action for negligent entrustment… Read More »
Can A Judge Alter A Jury’s Verdict In A Personal Injury Case?
In a personal injury case, it is typically left to the jury to decide the amount of damages that a negligent defendant owes to the plaintiff. That said, Florida law does permit the court to decrease or increase the jury’s award–known as remittitur and additur, respectively–if the judge concludes the verdict was “excessive or… Read More »
What Are “Pain And Suffering” Damages In A Personal Injury Case?
We often use the term “pain and suffering” to describe monetary damages in personal injury lawsuits. But what exactly do we mean by “pain and suffering”? And how does a jury actually calculate such awards? Pain and suffering is what the law considers a form of non-economic damages. Economic damages are those that can… Read More »
