Personal Injury Protection benefits are available to those who’ve suffered physical injuries in a Florida auto accident. Before PIP is distributed, Florida statutes require the deductible to be subtracted from the total medical care bill before the statutory reimbursement limitations are provided. In a recent district court of appeal decision, an auto insurer attempted to persuade the courts otherwise. In its appeal from the trial court’s calculation, the auto insurer ... [Read More]

Florida wrongful death cases stem from different types of accidents and injuries. Some may be caused by a vehicle collision, and others may occur at the hands of a negligent health care provider. In any scenario, the plaintiff and their counsel must scrutinize all of the relevant statutes that either affect the way proceedings unfold or present substantive challenges to obtaining the damages one seeks. In Florida, a medical negligence ... [Read More]

If a product causes serious injuries, the manufacturer can be held strictly liable for the injury. The manufacturer is accountable for a defective design or failing to warn of dangers. In a recent Eleventh Circuit Court of Appeals lawsuit, the manufacturer of a transvaginal mesh product appealed the final judgment awarding over $6 million to a woman substantially injured by its product. The injured woman’s lawsuit originated in West Virginia ... [Read More]

Many considerations are made when filing a Florida car accident lawsuit. The injured person must name and notify all parties responsible for the injury, think of the experts needed to connect the defendants’ actions to the injury, and collect documentation to show the damages amount needed to cover the incurred hospital bills and lost wages. An important decision, albeit less obvious, is where to file the lawsuit. In a car ... [Read More]

In a recently issued Florida car accident decision (Case No. 2D14-5925), the Second District Court of Appeal affirmed a Florida circuit court ruling that found Chapter 2000-439, section 18, Laws of Florida to be unconstitutional. This ruling stemmed from a serious car accident case that resulted in two periods of multi-day treatment at a publicly funded hospital system. These stays cost a total of $84,199.99. Claims were filed against the ... [Read More]

When responsible drivers purchase car insurance, especially additional coverage for uninsured/underinsured motorist (UM) coverage, they believe they are ensuring payment when accidents occur. A recently issued opinion from Florida’s Second District Court of of Appeal presents all of the various considerations a claimant should have when seeking payment from the insurer. The plaintiff-appellant in this Florida auto accident lawsuit was injured as a passenger in her father’s car. The woman filed ... [Read More]

In any Florida wrongful death case, the defendant’s goal is to deny liability and eliminate or minimize damages. Many tactics are used by defendants throughout the litigation to pursue this goal, trying to prevent a family from receiving the damages they need and deserve. The Third District Court of Appeal recently issued a ruling in a wrongful death action in which two major drugstore companies asked to quash a trial ... [Read More]

Florida’s statutes for punitive damages have gone through changes over the last 20 years. A recent decision issued by the Second District Court of Appeal (No. 2D16-1603) addresses arguments centered on which version of the punitive damages statute applied in a wrongful death action. In this case, a tobacco company appealed a second amended final judgment in favor of a daughter acting as the personal representative of her mother’s estate. ... [Read More]

Florida auto accident litigation has many phases after the initial lawsuit is filed. Many appellate decisions focus on summary judgments or jury verdicts, but a lot of legal process can be left after a jury trial - especially in auto accident cases in which additional claims must be pursued separately. Post-trial motions can alter jury verdicts to the point they are unrecognizable from the amounts awarded by a jury of ... [Read More]

  The Florida First District Court of Appeal recently issued an opinion regarding the coverage in an auto insurance policy for a woman severely injured in a motorcycle accident.  The woman’s mother had purchased “two-parent family” auto insurance coverage for herself, her spouse, and her children.  “Dependent children” were defined in the mother’s policy as natural children who are unmarried, under 25, and qualify as legal dependents for tax exemption ... [Read More]