The Second District Court of Appeal recently issued a decision (2D16-353) regarding a highway accident on I-75, when the driver of a large service truck collided with a non-commercial truck. A mattress had fallen onto the highway, but the accounts of what happened afterward differed greatly between those involved. The driver of the truck testified that he saw the driver of the commercial truck behind him and that he was ... [Read More]

Personal injury lawsuits are all uniquely complex. Medical malpractice actions in particular have additional statutory requirements that add to the general challenges of a civil suit. The Florida legislature enacted Chapter 766 to create a pre-suit procedure for all medical malpractice actions. This process requires a claimant to conduct an investigation to see if there are reasonable grounds for a medical negligence lawsuit. The injured party must provide this corroboration ... [Read More]

The civil judicial system is designed to help make injured parties whole by holding negligent parties accountable and providing compensation for expenses already incurred and certain expenses expected in the future. Damages for injuries may also include recognized setbacks that are harder to quantify like pain and suffering or loss of consortium. These damages are known as “noneconomic damages.” Florida Statutes sections 766.118(2) caps noneconomic damages in medical negligence cases ... [Read More]

In personal injury actions, an injured party or estate can sometimes seek punitive damages in addition to compensatory damages for medical care and lost wages. Punitive damages are intended to penalize a negligent actor for intentional misconduct and gross negligence. An injured party must show with clear and convincing evidence that the negligent person or entity knew that her or his behavior was wrong and had a high probability of ... [Read More]

Personal Injury Protection (PIP) is a benefit offered to motorists in their mandated auto insurance coverage. In recent years, the types of benefits paid were narrowed by statute, and those injured in a car accident have experienced greater challenges to getting providers paid. If the PIP benefits fail to cover the cost of treatment, the medical provider can seek the difference from the insured. This scenario is found in a ... [Read More]

Florida applies the dangerous instrumentality doctrine in personal injury lawsuits, which holds the owner of a vehicle generally liable for injuries that are caused by the negligent operation of the vehicle, no matter who is driving. Not all states use this doctrine. In a recent decision (Case No. 5D16-1641), the Fifth Florida District Court of Appeal looked at whether or not the plaintiff and the defendant were subject to this doctrine ... [Read More]

Due process is an important element in both the civil and criminal branches of the judicial system. No court can hear from one side alone without providing the other side notice and an opportunity to also be heard. The Second District Court of Appeal issued an opinion on this issue in a recent case (Case No. 2D15-1952). In this lawsuit, the plaintiff was seriously injured after an inebriated truck driver slammed ... [Read More]

Eyewitness testimony in a car accident case can determine whether a defendant is held liable for negligence and the extent of the damages related to the injury. Courts can summon, or require, a person to appear in court or at a deposition to provide a statement and answer questions. However, sometimes a witness becomes unavailable or is incapable of providing testimony. Courts have long recognized that small children may not be ... [Read More]

The Supreme Court recently settled a certified conflict between the Fifth and Second District Courts of Appeal, asking whether a party is required to disclose that their attorney referred them to a particular physician for treatment. The legal analysis hinged on whether or not the attorney-client privilege shielded a party from disclosures otherwise required by the rules of discovery. In a recent case (No. SC15-1086), the Supreme Court determined that ... [Read More]

When an injured party seeks justice in a Florida personal injury lawsuit, he or she hopes for impartial fact-finders. To ensure a fair trial for all parties, the civil court system uses a formal process called Voir Dire in the selection of jurors. Several members of the community are called to potentially serve on a jury.  From this pool of citizens, the attorneys for the parties narrow the candidates by ... [Read More]