In all personal injury actions, the at-fault party or parties must owe a duty to the injured party or parties in order to be found liable for the damages incurred by the victim or victims. A duty exists when the law requires a certain person or entity to exercise a specified amount or type of care in a certain profession or situation. If no duty exists, a claim against a ... [Read More]

In all Florida personal injury lawsuits, it is not enough to have fault established. The injured party must connect the injury to the actions of the at-fault party in order to recover damages for the costs incurred associated with the injury. A recent case, Maines v. Fox (Case Nos. 1D14-5917, 1D15-0739), revolves around the central question of whether there was an error at trial in connecting the injury to the ... [Read More]

As discussed in prior blog posts, certain negligence actions require the victim, the victim's family, or the victim's estate to follow certain guidelines specific to the type of action pursued. Under Florida law, medical malpractice actions not only have a different statute of limitations but also have additional pre-suit requirements regarding notice of intent to sue and pre-suit investigation. Pre-suit investigation is allowed to help defendants determine whether there was negligence in the ... [Read More]

Across Florida, people suffer all types of injuries at the hands of others’ negligence. Civil law provides a way to help those injured become financially and physically whole again, while holding those responsible accountable for their actions. What needs to be filed can vary from case to case, so it is important to have experienced Florida personal injury counsel at your side. If the negligent party is a government entity, the ... [Read More]

If you or your family member has suffered harm due to the negligence of someone else, the law limits the time you are able to seek legal relief from the party or parties that are responsible. For many civil cases, the statute of limitations is four years, but with medical malpractice actions, it is 2-4 years under Fla. Stat. § 95.11(4)(a) and (b). The deadline for a medical malpractice notice of ... [Read More]

As a driver in Florida, you are required to carry auto insurance for your motor vehicle. This insurance policy must provide Personal Injury Protection (PIP) to the insured. These benefits are under Florida Statute 627.736, and they include payments for medical benefits that are considered reasonable expenses for medically necessary care, surgeries, x-rays, dental care, and rehabilitative services. The benefits can be up to $10,000, but they may be limited ... [Read More]

  Florida’s Personal Injury Protection laws have undergone a lot of changes in recent years.  Now treating doctors and clinicians must meet guidelines set by the Florida legislature before PIP payments are issued.  Accident injuries must also meet statutorily created criteria before the full $10,000 will be issued for “serious injuries”.  Now a series of appellate decisions from Florida’s Fifth District Court of Appeals covers another issue with PIP payments: ... [Read More]

  Construction workers and their families often have workers’ compensation available to them in the event of an accident.  This helps provide needed funds for medical care and lost wages.  However, other parties may be responsible for the accident in the workplace, whether it is another subcontractor, the general contractor, or a separate third party altogether.  Under Florida law, an injured worker has the ability to file suit against any ... [Read More]

In a Florida slip-and-fall case, there are two main questions to consider. One question is whether or not the store or property owner failed to warn of the dangerous condition. The other is whether the store or property owner failed to use ordinary care to maintain its premises in a reasonably safe condition. The Third District Court of Appeal looked at the second issue in a recently issued decision, Dominguez vs. ... [Read More]

The Florida Supreme Court recently issued an opinion, Fridman vs. Safeco Ins. Co. of Illinois (No. SC13-1607), regarding damages for a motorist who suffered injuries in an accident with an underinsured (UM) motorist. The injuries included herniated spinal discs, a damaged spinal nerve root, and carpal tunnel. The injured party filed to receive his $50,000 limits under the UM policy, but his insurance company refused to pay the benefits, even ... [Read More]