Mar 28, 2018 by
A successful personal injury trial for a plaintiff primarily hinges on whether or not the fact finder believes it is more likely than not the defendant(s) caused the resulting injury due to negligent behavior that falls short of a legal duty. While a jury is given great discretion in the type of facts they find to be true and supportive of a claim or defense, the trial court can make ... [Read More]
Mar 21, 2018 by
Civil courts have the power to sanction parties if actions taken or not taken during a litigation period are egregious to the process. A recent Florida uninsured motorist accident appeal heard in Florida’s Fifth District Court dealt with a sanction issued by the trial court to the party. The appellate court felt dismissing the action with prejudice was too harsh a penalty for the concerning behavior. The plaintiff was injured ... [Read More]
Mar 14, 2018 by
Many Florida car accident cases do not make it to a trial in front of a selected jury. Often, the parties can reach a settlement agreement before a lawsuit is even filed, ideally to the satisfaction of both parties involved. The Fourth District recently reviewed a settlement agreement between an auto insurer and a plaintiff injured in a car accident. The injured person appealed the enforcement of a settlement agreement, ... [Read More]
Mar 7, 2018 by
Florida allows parties to utilize arbitration to bypass the civil court system. If two parties agree through a formal contract, they can use an arbitrator to decide any conflict that arises during the course of their relationship. The decision by an arbitrator would be as binding as if a decision were rendered through the state’s system. This month, the state’s Fifth District Court of Appeal assessed an arbitration agreement at ... [Read More]
Feb 27, 2018 by
Before a trial, there are many instances of communication that occur between the injured party and the defendant’s auto insurer. Sometimes a defendant’s insurer will offer to provide the Personal Injury Protection (PIP) Benefits or an amount within the policy limits early in the negotiating phase of the process. These settlement agreements often come with language requiring the party accepting funds to waive their right to pursue a civil action ... [Read More]
Feb 19, 2018 by
A Florida personal injury judgment against an aesthetician and a spa was recently upheld by the Fourth District Court of Appeal. In Case No. 4D16-2530, a woman was injured after a facial at a spa went very wrong. The injured customer filled out a form advising she had the skin condition rosacea, which is a chronic inflammation of the face. Prior to the treatment at the spa, the condition was ... [Read More]
Feb 12, 2018 by
When you file a Florida wrongful death action, the allegations themselves must meet certain criteria set by statutes and case law. The defending party must have notice of the allegations against them in order to appropriately prepare a defense for themselves. The allegations are all written in a complaint, which is filed with the civil court that has jurisdiction over the matter. These complaints must dictate a cause of action ... [Read More]
Feb 5, 2018 by
In Florida, an injured car accident victim can only recover future medical expenses if the care and cost are “reasonably certain” to be incurred. This is accomplished by meeting her burden to provide the fact finder with competent, substantial evidence that future medical expenses are more likely than not to be incurred. An injured party often uses treating physicians and medical administrative staff to relate the need for care and ... [Read More]
Jan 24, 2018 by
Personal injury litigation involves a lot of strategic anticipation. Even if a plaintiff is successful at trial, a defendant can ask for an adjustment, arguing the evidence did not support the amount of of damages awarded to the injured person. A Florida District Court of Appeal recently assessed a trial court’s refusal to grant remittitur for a jury verdict awarding $100,000 for future medical expenses in an underinsured motorist (UM) ... [Read More]
Jan 17, 2018 by
Expert witnesses help the finders of fact understand complex concepts in a personal injury action. In order to successfully be awarded damages, an injured person must connect the injury to the requested amount. An expert must be qualified to testify as a matter of law, and they may also be scrutinized by the jury and the court. Verdicts can be set aside if a judge concludes a jury could not ... [Read More]
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