Dec 15, 2016 by
Personal injury lawsuits must prove four things: that there was a duty created by statute or case law and that the at-fault party was obligated by the duty, that the at-fault party failed to uphold that duty, that injuries resulted from this failure, and that a certain amount of damages were incurred from the injury. While it is essential to prove the first three elements in order to obtain monetary damages, it is ... [Read More]
Dec 8, 2016 by
In Florida car accident cases, it is commonplace to see an insurance company indemnify, or take on a personal injury action on behalf of its insured. It is not often a hospital takes on a claim on behalf of a patient, but it happened in the recent Florida Court of Appeal case, Putnam Community Medical Center v. Florida Birth-Related Neurological Injury Compensation Association (aka NICA), No.1D16-32. The appellate court certified ... [Read More]
Nov 28, 2016 by
Part of the proof that must be presented in a Florida car accident case are the damages that one suffered as a result of the accident. These include lost wages, medical expenses, and future medical expenses. The Fifth District Court of Appeal recently reviewed a directed verdict regarding damages in favor of an injured driver in Auto Club Ins. Co. of Florida v. Babin (Case No. 5D15-1337). In this case, ... [Read More]
Nov 23, 2016 by
When an accident happens while working, one generally counts on insurance to be available through one's employer. A Fourth District Court of Appeal case, Gelsomino v. Ace American Ins. Co. (No. 4D14-4767), deals with the nightmare scenario of an employee seriously injuring himself in a car accident, only to find that the broker tasked with obtaining insurance for his employer failed to do so properly. In this case, the Court of Appeal ... [Read More]
Nov 16, 2016 by
Filing lawsuits against a governmental entity is different from filing lawsuits against an at-fault individual or business. Historically, under case law, the doctrine of sovereign immunity shielded governmental entities from liability in order to allow governance to proceed. Through various statutes and cases, governments can now be held liable for negligent acts. For governmental tort liability to exist, there must be “either an underlying common law or statutory duty of ... [Read More]
Nov 9, 2016 by
In State Farm v. Bailey (Case No. 2D15-3487), an appellate court reversed a ruling in favor of an injured motorist, ruling that the scope of the injured person's employer's UM (uninsured/underinsured) motorist coverage did not extend to the injured person. In this case, the injured man was working when the accident happened. The injured man was driving a flatbed vehicle with a crane attached, but he was standing 10 to ... [Read More]
Oct 28, 2016 by
There are two types of damages in Florida medical malpractice cases: non-economic and economic. Non-economic damages are for things like disfigurement, permanent disability, blindness, loss of a limb, trauma, paralysis, or physical pain and suffering. Economic damages compensate damages that can be verified, like loss of income or the cost of medical care. In a recent medical malpractice case involving negligent obstetrical care, Port Charlotte HMA v. Iala Suarez (Case ... [Read More]
Oct 21, 2016 by
To litigate a Florida personal injury lawsuit, the action must be filed within the prescribed period set by statute and in the correct forum. The time period may differ, depending on the type of negligence action, and can potentially be changed by a contractual agreement between the parties to the case. Likewise, certain criteria set by statute must be met to file an action in state or federal court, and ... [Read More]
Oct 14, 2016 by
In a Florida car accident lawsuit, the injured party or parties must show that the injury alleged was caused by the accident. To assist with this, a general rule exists in Florida that a plaintiff is entitled to recover at least the medical expenses incurred for any reasonably necessary diagnostic testing. However, exceptions do exist, which are explored in a recent state appellate decision, Finkel v. Batista (No. 3D15-2509). In ... [Read More]
Oct 7, 2016 by
If you are in an auto accident, and the at-fault driver does not have insurance or enough insurance to cover your damages, you, as a policyholder, can look to your own car insurance for coverage under your Uninsured/Underinsured Motorist (UM) provisions. UM policies can help relieve the burden of medical expenses and lost wages, but only if all of the coverage available to you is actually paid. If an insurance ... [Read More]
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