In Florida, an injured party or representative of an estate can pursue punitive damages in addition to compensatory damages in a Florida personal injury case if the plaintiff can show there is a reasonable basis for recovery of such damages. A defendant can only be held liable if the trier of fact finds the defendant engaged in either intentional misconduct or gross negligence. This finding must be based on clear ... [Read More]

When one seeks damages in a Florida personal injury case, the question of where to file suit may not be one of the injured person’s top concerns. Filing an action in the county in which the accident occurred is straightforward, but occasionally the question of jurisdiction is more complex. Passengers on cruise ships from around the U.S. and across the world may be surprised to learn that they must file ... [Read More]

After a serious car accident, the last thing you want is unexpected challenges. An experienced Florida wrongful death attorney can help guide you through the civil litigation process when a difficult period becomes overwhelming. In a recent case (No. 3D15-2750), the parents of a child faced the stressful situation of the defendant disappearing. Their child was killed in an auto accident, and they filed suit for wrongful death. When the ... [Read More]

In a Florida car accident case, an injured person can be owed damages from multiple parties for a variety of reasons. One example is a chain reaction car accident, in which all of the acts of negligence happen almost simultaneously. A passenger could file suit for the negligent acts of the driver of her car and the drivers of other vehicles involved. Another example may be a construction accident in ... [Read More]

In a personal injury lawsuit, the injured person must do more than show the defendant caused an injury. The injured person must also provide details of the damages incurred as a result of the injury. Some may be straightforward, like the bill for services from the Emergency Room visited after the accident. Others require more analysis and calculation. A recent Fifth District Court of Appeal decision (5D15-4423) discusses such damages, ... [Read More]

In the early phases of litigation, parties may move for summary judgment, arguing that the case should not move forward due to some legal preclusion specific to the type of injury. A common argument made by defendants in South Florida car accident cases is that there is no genuine issue of material fact for the jury to consider, so dismissal is the only route acceptable under the law. A trial ... [Read More]

If an accident occurs in Florida, an injured party can pursue legal recourse in this state. In a recent case, the appellate court looked at a prior judgment that attempted to address whether a party injured in a Florida car accident could access Personal Injury Protection benefits under her policy obtained in Michigan after she reached a settlement agreement under a Michigan rule of civil procedure. In this original agreement, ... [Read More]

Anyone who suffers a severe accident in Florida needs a tremendous amount of funds to cover the cost of living with expensive and on-going medical care. The circumstances around an accident dictate the number of avenues of relief available to the plaintiff. If there is more than one party responsible for the injuries, liability and damages can be divided among the parties - including the injured party. Determining who pays ... [Read More]

A Florida appellate court recently assessed an appeal stemming from an accident and negligent care that caused significant, fatal injuries. In a recent case, the personal representative of the injured person’s estate filed suit against several defendants, alleging the decedent was first injured by a malfunctioning sliding door at a drugstore, which led to her receiving inadequate care at a senior home, ultimately resulting in her death. The decedent suffered ... [Read More]

If you’ve been injured while physically in the state of Florida, you generally have a right to seek damages from the negligent tortfeasor under Florida’s civil court system. You do not have to be a resident of Florida to file suit against another Florida resident or business entity with relevant connections to Florida. As with all things, there are exceptions. Even when an accident has ties to Florida through location ... [Read More]