Dec 19, 2018 by
Trial courts have the discretion to grant a new trial based on attorney misconduct. The trial court must engage in a thorough analysis prior to granting a new trial, however, to ensure a new trial is properly warranted. This was discussed in a recent case out of a Florida Court of Appeals, where the Appeals Court overturned an order granting a new trial where the trial court failed to engage in ... [Read More]
Dec 12, 2018 by
Juries do not always assess damages and liability accurately, and the law affords both plaintiffs and defendants the right to request a new trial if they believe a jury’s verdict is improper. The standard a trial court must apply in determining whether a new trial should be granted is whether the verdict is against the weight of the evidence. If a trial court fails to apply this standard and issues ... [Read More]
Dec 4, 2018 by
Injured parties generally do not consider the procedural aspects of a lawsuit, but they are very important to advancing a case. Where an attorney does not comply with the applicable rules of procedure it may result in delays in a resolution of the claims and, in some cases, may cause the case to be dismissed altogether. In a recent case, Moss v. Estate of Hudson, a Florida Court of Appeals ... [Read More]
Nov 30, 2018 by
Car accidents involving uninsured motorists often cause financial hardship. In many cases, your insurance policy allows you to recover uninsured motorist (UIM) benefits from your insurance provider, which can help ease your financial burden. At times, however, you and your insurer may not agree on what benefits you are entitled to under the terms of your policy. In a recent case, a Florida Court of Appeals held that where a ... [Read More]
Nov 29, 2018 by
When the brakes on a large truck fail, the consequences can be deadly. Weighing up to 20 times more than the average passenger vehicle, 18-wheelers can decimate smaller cars, especially when the trucker is unable to decelerate before impact. If you were hurt in a truck accident caused by brake failure, you probably have a lot of questions about the claims process. In this article, we’ll answer a few FAQs ... [Read More]
Nov 20, 2018 by
It is important to be aware that many contracts contain arbitration clauses. An arbitration clause means that instead of bringing a dispute to court, any disagreements will be heard by an unbiased arbitrator. Arbitration is faster and less costly than traditional litigation. However, the parties also do not have all the rights that they would normally have in court. In a case heard by the Florida Third District Court of ... [Read More]
Nov 13, 2018 by
When someone is injured in a car accident, an applicable insurance policy may cover their losses due to the accident. However, any damages after a car accident are only recoverable if the accident was the cause of the damages. This may seem obvious, but as your experienced South Florida car accident attorney can tell you, in the courtroom it can be more complicated than it seems at first. Trial Court ... [Read More]
Nov 7, 2018 by
Car accidents are the third leading cause of traumatic brain injuries in the United States. The vast majority of these collisions are the result of negligent behaviors such as speeding, texting behind the wheel, and drunk driving. If you or someone you love sustained a head injury in a crash, you may be entitled to compensation for medical bills, lost income, and other damages. Since brain injuries usually meet the “serious injury ... [Read More]
Nov 5, 2018 by
When a patient goes into a drug and alcohol detox facility, they expect to receive adequate care. In a tragic case out of Florida, a man died at a drug detox facility. His estate sued the doctor and the detox facility itself. Specifically, they allege that the doctor was negligent in his supervision of the nurse on duty on the evening before the plaintiff’s untimely death. If you are concerned ... [Read More]
Oct 29, 2018 by
A sleep-deprived trucker is one of the deadliest hazards on Florida roads. Fatigue can affect response time, coordination, and decision-making—all of which are essential faculties for someone who’s behind the wheel of a big rig. The Federal Motor Carrier Safety Administration introduced the Hours of Service (HoS) Regulations to deter commercial truckers from driving while drowsy. These rules limit the amount of time commercial drivers can spend on the road ... [Read More]
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