Sep 14, 2016 by
If a family member goes into a nursing home, a lot of paperwork must be completed. This can be overwhelming, and one may lose track of everything signed. Several nursing homes require the signature of an arbitration agreement before the resident is admitted. An arbitration agreement is a contract between two parties who agree to see an arbitrator, who is usually picked by the facility, to settle any disputes arising ... [Read More]
Sep 7, 2016 by
The Florida legislature enacted the Motor Vehicle No-Fault Law, which provides Personal Injury Protection (PIP) benefits to those injured in a car accident. The benefits under Fla. Stat. § 627.736(1) allow motorists injured in a car accident to receive up to $10,000 in medical and disability benefits if the injured person suffered from bodily injury, sickness, disease, or death from owning, maintaining, or using a motor vehicle. To receive the ... [Read More]
Aug 25, 2016 by
The Florida Supreme Court recently ruled on an issue in conflict between two District Courts of Appeal in Chirillo v. Granicz (No. SC14-898). Both district courts weighed which legal duty should be applied in wrongful death cases when a patient commits suicide while under the care of a physician or psychotherapist. In Florida, the first stage of an appeal after a circuit court trial is one of five district court of appeals. If these ... [Read More]
Aug 18, 2016 by
In all Florida personal injury cases, the jury must decide whether to believe some or all of the version of events put forth by the plaintiff, or some or all of the version of events put forth by the defendant. Formally, they are tasked with determining any genuine issues of material fact. Case law places this task firmly in the hands of a jury. Judges, on the other hand, are ... [Read More]
Aug 11, 2016 by
In Florida personal injury and car accident cases, there are always four elements for an injured person or persons to prove: 1) a duty created by law directing the at-fault party to act in a certain way, 2) a breach of that duty, 3) an injury resulting from that breach, and 4) damages incurred from the injury. Often, appellate cases assess an error concerning one of the first three elements. ... [Read More]
Aug 4, 2016 by
In Okeechobee Aerie v. Wilde, Nos. 4D14-2770 and 4D14-2771, the court of appeals reviewed an appeal stemming from an $11 million verdict awarded to a motorcyclist injured by a drunk driver. The driver had recently left a social club bar that served him alcohol and contributed to his heavy inebriation. The driver’s blood alcohol content was .26 at the time of the accident, and the testimony of servers during the trial ... [Read More]
Jul 27, 2016 by
A series of consolidated appeals in Florida Wellness & Rehabilitation v. Allstate Fire & Casualty Co. (Nos. 3D15-151; 3D14-2688; 3D14-3008; 3D15-149 & 3D15-150) asked whether or not the language in an insurance policy provided notice to the insured that payments would be issued according to Florida Statutes 627.736 (5)(a)(2)(f), which pays medical care providers at a rate of 80% of 200% of the Medicare Part B schedules. Five medical providers, ... [Read More]
Jul 20, 2016 by
Eyewitness testimony in car accident cases can come down to the two parties in the accident, who often provide conflicting accounts of what happened. In these cases, it may be necessary to use an expert witness to help determine what occurred at the time of the accident. A recent decision issued from Florida’s First District Court of Appeals in Boyles v. Dillard’s Inc. (1D14-5276) addressed whether or not the trial court ... [Read More]
Jul 13, 2016 by
In personal injury actions, it is frequently necessary to help the fact-finder understand how the alleged negligence caused the injury to the plaintiff. Often, this is accomplished by expert testimony, which is guided by Florida Statutes and Rules of Civil Procedure (See Fla. Stat. §90.702 and Florida Rule of Civil Procedure 1.390.) The court first determines whether expert testimony is appropriate for the subject matter. This may include an assessment ... [Read More]
Jul 6, 2016 by
Often, personal injury actions involve contract law. For example, in many Florida automobile accident cases, the injured person must deal with either his or her own insurance policy or the policy of the at-fault party. In these types of cases, the terms of the policy are scrutinized to determine whether a clause will either provide or limit benefits to the injured person or persons. For any contract, the terms of the ... [Read More]
