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Category Archives: Personal Injury
Can I Seek Punitive Damages Following a Car Accident?
If you are injured in a car accident due to another driver’s negligence, you have the right to seek damages to compensate you for your losses. In certain cases, you may also be entitled to seek punitive damages. Unlike compensatory damages, which are designed to make the injured victim whole, punitive damages are intended… Read More »
Florida Court Tosses Damage Award Over Expert Testimony
If you have been seriously injured in an auto accident, you may face significant bills for past and future medical expenses related to your treatment. If the accident was caused by someone else’s negligence, you can seek to recover those expenses through a personal injury lawsuit. But a court will require expert evidence to… Read More »
Can You File a Wrongful Death Lawsuit If a Family Member Dies on a Cruise?
Cruises are big business in South Florida. According to the American Association of Port Authorities, the cruise industry is responsible for “more than 140,000 jobs and more than $7.3 billion in direct purchases in Florida” alone. But if you are one of the thousands of Floridians who are considering taking a cruise this year,… Read More »
Is a Florida Bar Owner Liable for a Drunk Driver’s Actions?
Everyone understands the dangers of drunk driving. Over a ten-year period nearly 8,500 people died in alcohol-related car accidents in Florida alone, according to statistics published by the U.S. Centers for Disease Control and Prevention. If you have been injured due a drunk driver’s negligence, you may be wondering if the people responsible for… Read More »
Can a Doctor Make You Sign Away Your Right to Sue for Malpractice?
If you are seriously injured due to medical malpractice, you have a protected constitutional right to pursue your claims before a jury. As an alternative, Florida law does provide for voluntary arbitration—that is, resolution of your claims before a group of private judges without a jury—under certain circumstances. If the medical provider is willing… Read More »
Florida Supreme Court Rejects Insurance Company Delay Tactics
There are unfortunately too many cases where a person is injured in an auto accident and the negligent driver lacks sufficient insurance to pay for the damages. To protect against such a contingency, you can purchase uninsured motorist (UM) coverage as part of your own auto insurance policy. In fact, Florida law requires insurers… Read More »
Do Not Ignore the Time Limits for Filing a Medical Malpractice Claim
If you have been injured due to the medical malpractice of a physician or other health care provider, it is essential you file your claim in Florida state court as soon as possible. This is because all civil lawsuits are subject to a “statute of limitations,” which is a time limit imposed by the… Read More »
Florida Appeals Court Reiterates Opposition to Medical Malpractice Caps
Florida courts continue to push back against the legislature’s imposition of caps on “noneconomic” damages in medical malpractice cases. Last year the Florida Fourth District Court of Appeal held such caps were unconstitutional. That case is now on appeal to the Florida Supreme Court. But in the meantime, the Fourth District has once again… Read More »
Amendments to Florida’s “No-Fault” Rules May Hurt Accident Victims’ Recovery
Florida is a “no-fault” state with respect to auto accidents. This means all drivers must carry auto insurance policies that provide “personal injury protection” in the event of an accident. You must carry at least $10,000 in personal injury protection, although you may certainly purchase a higher amount of coverage. Unfortunately, simply carrying no-fault… Read More »
Will the Florida Supreme Court Strike Down Caps on “Noneconomic” Damages?
In 2003, Florida lawmakers decided to limit “noneconomic” damages in medical malpractice cases. This means even when a jury decides a plaintiff is entitled to a certain amount of compensation for injuries sustained due to a medical provider’s negligence, the judge may reduce the award to ensure it complies with the legislature’s arbitrary cap…. Read More »
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