One of the most common concerns among Florida personal injury victims is when they must file their claim. Typically, all personal injury claims must be brought within a certain amount of time, which is outlined in the statute of limitations. However, the rules differ when cases name state or federal…
Articles Posted in Car Accident
Florida Court Determines Residential Community Is Not Liable for Car Accident Allegedly Caused by Dangerous Parking Policy
Earlier this month, a state appellate court issued a written opinion in a Florida car accident case discussing whether a private residential community could be held liable for the injuries sustained by motorists who were involved in a collision within the community. Ultimately, the court concluded that any alleged negligence…
Court Discusses Permissible Scope of Liability Release Waiver in Recent Florida Car Accident Case
Recently, a state appellate court issued a written opinion in a Florida car accident case requiring the court to determine if a liability release waiver signed by the plaintiff prevented her from pursuing a case against the defendant. Ultimately, the court concluded that the scope of the release waiver did…
Florida Court Explains the Limits on Circumstantial Evidence in Recent Car Accident Lawsuit
In a recent state appellate decision, a Florida court upheld a jury’s verdict in favor of a plaintiff who was seriously injured after being rear-ended by a van while stopped in traffic on the Buckman Bridge. The case required the court to determine whether the plaintiff’s case improperly relied upon…
Court Dismisses Appeal Based on Plaintiff’s Failure to Object at Trial, Illustrating Importance of Properly Preserving Issues in Florida Personal Injury Cases
Recently, a state appellate court issued a written opinion in a personal injury case illustrating the importance of taking all steps to properly preserve any issues a party believes a judge decided wrongly in a Florida personal injury case. In this case, the court ultimately dismissed the plaintiff’s appeal because…
Court Declines to Impose Duty on Landowner to Trim Trees Near Intersection
In a recent personal injury opinion, a state appellate court rejected a plaintiff’s claim against the defendant landowner that was based on the landowner’s failure to trim trees that the plaintiff claimed blocked the view of oncoming traffic. The case presents an interesting issue for Florida car accident plaintiffs because…
Court Determines Plaintiff Was Not Responsible for the Destruction of Relevant Evidence
Last month, a state appellate court issued an opinion in a personal injury case rejecting the defendant’s claim that the plaintiff’s case should be dismissed based on the plaintiff’s failure to preserve relevant evidence. The case is important for Florida personal injury plaintiffs because it illustrates both the importance of…
Court Holds That Police Department May Be Liable for Officer’s Failure to Use Due Care While Responding to an Emergency
In a recent personal injury case, a state appellate court issued a written opinion discussing whether a police department could be held liable under the state’s tort claims act for injuries caused while the officer was responding to an emergency call. The case presents an important issue for Florida car…
Court Permits Car Accident Plaintiff to Proceed with Both Respondeat Superior and Negligent Entrustment Theory
Recently, a state appellate court issued a written opinion in a personal injury case discussing whether a plaintiff could pursue a respondeat superior claim as well as a negligent entrustment claim against an employer based on an employee’s negligent conduct. The case is important to Florida car accident victims because…
Court Discusses Personal Injury Plaintiff’s Evidentiary Burden at the Summary Judgement Stage
When a plaintiff files a Florida personal injury case, in many instances the defendant will file a motion for summary judgment claiming that the plaintiff’s case is insufficient as a matter of law. Essentially, in a summary judgment motion, the defendant argues that there are no disputed factual issues in…