Feb 24, 2016 by Donaldson & Weston
As life eventually reveals, some members of society are unable to live independently and need a greater amount of care and attention than the average person during all or parts of their lives. Special facilities exist to help cater to these individuals, and they are obligated to follow certain standards set by law. A failure to uphold these standards can result in an injury, and the treatment facility in question ... [Read More]
Feb 17, 2016 by Donaldson & Weston
In a personal injury action, several experts are often consulted to assist parties and fact-finders during negotiations and at trial.  Expert witnesses are treated differently by the courts.  Lay witnesses are used to simply relay what they saw, heard, or experienced.  Experts are required to have specialized knowledge that is relevant to the explanation they are retained to provide.  Depending on what explanation is needed, qualified medical experts could help ... [Read More]
Feb 10, 2016 by Donaldson & Weston
When a person dies due to the negligence of another, the idea of being “made whole” again through civil recovery is thrown out the window. In all personal injury lawsuits, the injured person seeks more than just financial recovery. They seek accountability through the civil court system. This is especially true in wrongful death lawsuits. Family members or an estate can pursue funeral expenses in addition to the pain and ... [Read More]
Feb 3, 2016 by Donaldson & Weston
A Florida slip and fall accident can cause significant and costly injuries. As an injured party, the first priority should be your health, but the concern for how to pay for the injuries soon follows. An experienced Florida personal injury attorney can help maximize your recovery to help cover the expenses incurred due to lost wages, hospital charges, and doctors’ fees. Part of recovery is making sure those who are ... [Read More]
Jan 25, 2016 by Donaldson & Weston
When you suffer a devastating car accident in Florida, the first thing you need to worry about is your own health and trying to recuperate. The last thing you want to worry about is how to pay for everything. With serious injuries, the costs of medical care can add up quickly, and you soon look to the auto insurance policies you and the at-fault party have purchased. As we’ve discussed before ... [Read More]
Jan 18, 2016 by Donaldson & Weston
Personal injury and wrongful death actions often use expert witnesses to help explain complex matters to the jury about the extent of the injury, or the cause of the injury. To qualify as an expert witness, Florida requires the person testifying to meet the established criteria of § 90.702, Fla. Stat. (2014). The expert must have the knowledge, skill, experience, training, or education required to relay an opinion to the ... [Read More]
Jan 11, 2016 by Donaldson & Weston
Under Florida law, automobile insurers have provided benefits of up to $10,000 for losses sustained due to bodily injury, sickness, disease, or death from the use, ownership, or maintenance of a motor vehicle for several decades. Amendments were made to these benefits in 2012. One subsection requires that the reimbursement for anything up to $10,000 be made only after a physician, dentist, physicians’ assistant, or advanced registered nurse has determined that ... [Read More]
Jan 4, 2016 by Donaldson & Weston
Injuries from a car accident can range from a scratch to serious, life-long conditions. In a personal injury case, the injured person must show the at-fault party caused the injuries through negligent behavior. The injured person must also show that the injuries alleged were all caused by the accident. If other damages like pain and suffering and loss of consortium are requested, proof of these claims must also be provided ... [Read More]
Dec 28, 2015 by Donaldson & Weston
Under Florida law, it is possible for an at-fault driver to be liable for damages that exceed the limits of his or her insurance policy.  While that option is available, often the at-fault driver is not financially able to provide the amount needed by the injured party, especially in a short amount of time. Recently, we wrote about the need for UM coverage on your own policy, in the event ... [Read More]
Dec 21, 2015 by Donaldson & Weston
The Second District Court of Appeals recently reversed and remanded a final judgment in favor of a boat towing company and captain in a wrongful death case, Soto v. McCulley Marine Services, Inc., (2D13-1620). In this case, a man was found drowned under a barge while wearing a life jacket after he had been jet skiing. His estate argued that the captain of a tugboat moored the boat and a barge ... [Read More]