Category Archives: Personal Injury
Can A Veteran Sue The VA For Medical Malpractice?
Perhaps the most common type of medical malpractice is the “failure to diagnose.” For example, if your doctor fails to properly diagnose your cancer, and as a result you are delayed in receiving appropriate treatment, you can seek to hold the doctor accountable for their negligence by filing a malpractice lawsuit. Of course, things… Read More »
What Happens When A Personal Injury Defendant “Loses” Evidence?
We often advise potential clients that it is critical to speak with an attorney as soon as possible after an accident. You might wonder why there is a rush. After all, Florida has a four-year statute of limitations in personal injury cases. So how will a delay of a few months–or even a year… Read More »
How A “Forum Selection Clause” Can Affect Your Personal Injury Lawsuit
Anytime that you enter into a contractual relationship with another party, it is crucial that you read the fine print, particularly as it relates to “forum selection.” This refers to a clause in a contract that specifies where any litigation or legal disputes arising from said contact must be heard. Even when such a… Read More »
Florida Supreme Court Weighs In On Excavation Accident Lawsuit
In 1993, the Florida Legislature passed the Underground Facility Damage Prevention and Safety Act. This law created a single toll-free number that a contractor could call before engaging in excavation or demolition work that might affect an existing underground facility. By calling the number, the contractor would give any “member operators” the chance to… Read More »
What You Need To Know Before Filing A Personal Injury Lawsuit Against The Government
If you are injured in a slip-and-fall accident while on private property, such as a supermarket, you normally have the right to sue the owner for damages arising from your accident. But what happens when you are on government-owned property? Say your slip and fall occurred while you were at the Post Office. Can… Read More »
How The Language Of A Defendant’s Insurance Policy Can Affect Your Personal Injury Claim
When you file a personal injury lawsuit against a defendant, their insurance company is often contractually obligated to “indemnify and defend” them against your claim. These are actually two separate duties. A duty to defend basically means the insurer has to pay for the costs of defending the claim itself, such as by paying… Read More »
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 »
