Feb 14, 2017 by
In most Florida car accident cases, courts look at the insurance policy and apply contract law to determine whether or not an insured has a claim to a benefit within the plan. In rare circumstances, injured parties have been able to claim they have insurance coverage by estoppel. This only occurs if the insurance company made a representation of material fact, the injured party reasonably relied on this representation, and the ... [Read More]
Feb 7, 2017 by
Personal injury litigation presents challenges at every turn. After a lawsuit is filed, parties often submit motions before trials are scheduled, seeking various types of relief from default judgment to dismissal. In a recent case (No. 2D15-0834), the Third District Court of Appeal reviewed a summary judgment for the defendants in a slip and fall lawsuit. The court agreed with the defendants that there was no genuine issue of material fact ... [Read More]
Jan 25, 2017 by
Under section 766.102(3)(b) Florida Statutes (2011), any foreign body, such as a sponge, clamp, forceps, surgical needle, or other paraphernalia commonly used in surgical, examination, or diagnostic procedures, is prima facie evidence of negligence by the medical health care provider. Typically, in any type of personal injury lawsuit, the injured person must show that the preponderance of the evidence shows the at-fault party is liable for the injury. In a ... [Read More]
Jan 18, 2017 by
After caring for an injured car accident patient, hospitals look for the most expedient, maximized reimbursement available to them for payment. Personal Injury Protection (PIP) was created by the legislature, as part of the Florida Motor Vehicle No-Fault Law, to help ensure quick care for the injured person and prompt payment to the medical provider. Over the last two years, state district courts have been split over whether or not ... [Read More]
Jan 11, 2017 by
Florida car accident trials can become intricate, complicated lawsuits to litigate. This can be seen in a recent appellate case (No. 3D13-2005) that addresses whether or not it was improper for the trial court to allow evidence of the at-fault driver’s intoxication during the compensatory damages phase of the trial. The case stems from a serious car accident in which the injured party was struck head-on by an intoxicated, uninsured motorist. ... [Read More]
Jan 4, 2017 by
Obtaining the damages available in a personal injury lawsuit often goes beyond holding the at-fault party accountable. In car accident cases, the insurers to the parties in the accident must abide by certain duties while handling the case. If an insurer does not attempt to settle in good faith, the insured may file an action against the insurer. Often, if the insured is the at-fault party in the original car accident, ... [Read More]
Dec 29, 2016 by
One of the important functions of a civil lawsuit is obtaining damages from the at-fault party or parties in an attempt to be made whole. Another is to hold accountable the person, people, or entity responsible. When multiple parties create a negligent environment, civil actions can become complicated. Each personal injury case poses its own unique challenges, depending on the circumstances of the accident. An unpublished federal opinion, Seaboard Spirit Ltd. ... [Read More]
Dec 22, 2016 by
The Supreme Court in Florida recently settled a division among the District Courts of Appeal on whether or not a medical malpractice arbitration agreement was void when it included terms only favorable to the hospital. In Hernandez v. Crespo (No. SC15-67), the Supreme Court determined that any arbitration agreement that left out required provisions of the Medical Malpractice Act and was only favorable to medical providers was void as against ... [Read More]
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]
