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]

When applying for Social Security benefits, it is necessary to show the physical and mental health conditions from which you suffer and how these cause your inability to work. A recent, unpublished decision from the Eleventh Circuit U.S. Court of Appeals, Kent vs. Acting Commissioner of the Soc. Sec. Admin. (No. 15-15059), provides insight into what is required for an award of SSI benefits. In this case, the SSI applicant suffered from ... [Read More]

In Coffey-Garcia v. South Miami Hospital, Inc. (No. 3D15-1966), the appellate court reviewed an order that compelled the mother of a child diagnosed with cerebral palsy to answer deposition questions about any lawyers she consulted related to the medical malpractice action she filed as an individual and on behalf of her daughter. The defendants requested the order from the trial court after the mother acknowledged that she had spoken with ... [Read More]

Florida statute 395.1041 was created by the state legislature to address whether, when, and how patients are transferred from one hospital to another when the original hospital does not have service capabilities to treat the patient. It is also known as the “anti-dumping” statute. In a recent state appellate case, Morejon vs. Mariners Hospital, Inc., (No. 3D15-1711), the District Court of Appeals looked at whether 395.1041 created a duty to ... [Read More]

Florida licensed drivers may be initially surprised to learn who is covered under an insurance policy and when this coverage is available. A driver, depending on the terms of his or her insurance contract, may be covered when he or she drives another vehicle, like a rental car, if he or she gets in an accident while driving an automobile not specifically listed on the policy. The policy may also cover ... [Read More]

Over the many years mandatory car insurance has existed, the state legislature has crafted several laws that guide the process of car accident litigation. One of these laws covers the length of time an at-fault party has to accept a settlement offer proposed by the injured person. Florida Rule of Civil Procedure 1.442(f)(1) provides that a settlement proposal is rejected if it is not accepted within 30 days after service ... [Read More]

In Florida uninsured car accident cases, the injured person typically seeks payment from his or her own insurance company to cover medical bills and repair costs for the affected vehicle. After paying what’s been agreed to in the insurance contract, the insurance company will often seek repayment from the uninsured party or parties responsible for the accident. The Fourth District Court of Appeal issued a decision in Kotlyar v. Metropolitan ... [Read More]

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]