May 25, 2017 by
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]
May 18, 2017 by
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]
May 11, 2017 by
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]
May 4, 2017 by
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]
Apr 26, 2017 by
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]
Apr 19, 2017 by
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]
Apr 12, 2017 by
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]
Apr 5, 2017 by
Florida case law has long held that the proprietor of a business must use reasonable care in maintaining the property. The owner or manager must learn the actual condition of the premises and then either make the area safe or warn of any dangerous conditions. If a condition is obvious, or one that can be readily perceived through the ordinary use of the senses, the proprietor is relieved of the duty ... [Read More]
Mar 29, 2017 by
In personal injury actions, the idea of being “heard” by the court system can be overlooked and taken for granted. Before settlements and judgments can be reached, all of the parties must be notified of the action and given an opportunity to articulate their position before a judge and possibly a jury. In Duarte v. Snap-On, Inc. (2D15-1952), the Second District Court of Appeal addressed whether or not the trial court ... [Read More]
Mar 22, 2017 by
Following an accident, the idea of receiving financial compensation for the injuries and expenses sustained seems very distant and very difficult to achieve. When an injured party finally receives damages through a settlement or verdict, she or he may not realize that additional considerations must be made. If the recipient of medical care was covered by Medicaid, any judgment, award, or settlement received would be subject to Section 409.910(6)(c) of ... [Read More]
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