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]
Sep 28, 2016 by
Maximizing damages in personal injury cases can be more than negotiating and litigating with the at-fault party. If there are unpaid or underpaid medical bills, hospitals and other medical service providers can seek reimbursement from the injured person. Insurers may also seek reimbursement from the policy-holder or from another insurer, depending on how much was paid, if there were multiple insurers obligated to pay, and what was agreed upon in ... [Read More]
Sep 21, 2016 by
As previously discussed, nursing homes occasionally use Arbitration Agreements, which funnel liability disputes to an arbitrator instead of the state or federal civil court system. Recently, several opinions have been issued from Florida District Courts of Appeal that have ruled on whether or not a nursing home resident is bound by the arbitration agreement when she or he did not sign the agreement prior to her or his stay at the facility. ... [Read More]
