Dec 21, 2015 by
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]
Dec 14, 2015 by
As a responsible Florida driver, you purchase the minimum coverage required by law, which is known as “no fault” insurance or Personal Injury Protection (PIP). This mandatory coverage carries a $10,000 limit that can be used for the driver’s losses, regardless of fault. While this can pay some lost wages and medical expenses, the total costs of an accident are often much greater than the coverage provided under PIP. This is ... [Read More]
Dec 7, 2015 by
In personal injury actions, expert testimony is often use to help the fact-finders, or jury, with information that is relevant to the case. For example, medical doctors may testify to the extent of the injury suffered, which can bolster or refute the injured party’s claim that the accident caused a certain amount of damage and will generate future medical costs. The Florida First District Court of Appeals recently weighed in on ... [Read More]
Nov 25, 2015 by
If you suffer an injury in a car accident, you want to have experienced counsel at your side who knows how to try a case in front of a jury. It is important to have attorneys who know how to present evidence, question medical experts, and connect the applicable law to the available proof. Sometimes in the process of preparing for trial, the at-fault party will offer a settlement to avoid ... [Read More]
Nov 19, 2015 by
After experiencing a injury-causing accident, an injured person and his or her family will almost certainly wish to get every dollar available to help pay for medical expenses and cover the gap left by lost wages. Florida law allows successful parties to move to receive compensation for taxable cost items if they can show that they served a "useful purpose" in litigation. No party is entitled to these awards, but the trial ... [Read More]
Nov 12, 2015 by
A Florida Circuit Court of Appeal discussed what a jury should consider in order to determine an award for diminished earning capacity and future medical expenses in Volusia County v. Joynt (5D14-2403). A woman was visiting Florida, sunbathing on the beach, when a beach patrol car ran over her. The woman suffered severe injuries and spent six days in a hospital for skull fractures and internal injuries. The injured woman ... [Read More]
Nov 5, 2015 by
The Florida Supreme Court overturned a state district court of appeals decision that reversed a jury verdict in favor of a sick construction worker in the recently published decision of Aubin vs. Union Carbide Corp. (No. SC12-2075). The construction worker inhaled respirable dust from the sanding and sweeping of a drywall compound and spraying of ceiling texture sprays between 1972 and 1974. He was not aware that these compounds had asbestos until ... [Read More]
Oct 27, 2015 by
To hold an at-fault party accountable in a personal injury case, you must show not only that his or her negligence caused your injuries but also that you incurred or expect to incur costs related to those injuries. Previously, Florida common law shielded an injured person from a reduction of damages due to collateral sources, or extra sources of monetary benefits. However, in some circumstances, state law now allows the reduction of a ... [Read More]
Oct 20, 2015 by
The Florida Second District Court of Appeals recently issued Teva Pharmaceutical Industries v. Ruiz (2D14-4462), which outlined the necessary legal process for filing suit against a foreign corporation. In this suit, the injured parties alleged claims of negligence and strict liability against a company based in Israel. The main injured party to the suit suffered serious and permanent injury after taking a drug made by the foreign corporation that was ... [Read More]
Oct 13, 2015 by
In Florida, following a car accident, you can file a claim for personal injury protection (PIP) and medical payment (Med-Pay) benefits. State law requires all motorists to carry a certain amount of auto insurance coverage, and it also guides the process of obtaining the benefits from your insurance company. In the recent state Third District Court of Appeals case, State Farm Mut. Auto. Ins. Co. v. Gonzalez (No. 3D14-2290), the court ... [Read More]
