Florida medical malpractice lawsuits must pass several procedural hurdles before a judge or jury is able to listen to the facts of the case and decide if the plaintiff is entitled to any relief. In Florida, one such rule requires plaintiffs to submit a statement from a qualified medical expert…
South Florida Personal Injury Lawyers Blog
Punitive Damages in a Florida Personal Injury Case
When someone is injured while on the job, it can be both physically and emotionally difficult to recuperate. When an employer terminates a worker because they can no longer work at the level they used to, it may be cause for a lawsuit. A Florida appeals court was recently tasked…
Road Rage and Aggressive Driving Lawsuits in Florida
According to the National Highway Traffic Safety Administration (NHTSA), over 90 percent of accidents involve driver error. Moreover, nearly 35 percent of those accidents involve road rage or aggressive driving. In Florida, road rage commonly refers to the anger a driver experiences when they experience stress or frustration while driving.…
New Details Emerge Following Florida Tesla Crash
Recently, news reports described new harrowing details following a Florida Tesla crash that occurred last September. The National Transportation Safety Board (NTSB) conducted an investigation and reported that that the car flew through a yellow light at around 90 miles per hour. The speed limit in the neighborhood was 30…
Can You Recover Attorney’s Fees in a Florida Personal Injury Lawsuit?
Many Florida personal injury lawyers represent clients on a “contingency fee” basis. Under this framework, an attorney will get paid by deducting a portion of a final, personal injury or wrongful death settlement or from a damages award. Recently, a Florida injury plaintiff moved to assess attorneys fees based upon…
Florida Court Distinguishes Between Ordinary Negligence and Medical Negligence
Recently, an appellate court issued a decision addressing whether a plaintiff’s claim falls under Florida’s negligence statute or the state’s medical malpractice statute. The plaintiff filed a claim against the defendant, a healthcare group, for injuries he suffered while receiving treatment at the facility. According to the record, the hospital…
The Importance of Expert Witnesses in Florida Personal Injury Cases Seeking Punitive Damages
The Third District Court of Appeals recently addressed a defendant’s appeal following a jury trial awarding the plaintiff compensatory and punitive damages. According to the facts, the cause of action arises from a car accident when the defendant crossed over the center line and slammed into the plaintiff’s vehicle, causing…
Court Finds in Favor of Florida Boat Accident Victim, Reversing Mandatory Arbitration
A Florida appellate court recently reviewed a woman’s appeal after a trial court compelled arbitration of her personal injury lawsuit. The case arose when she sought damages following injuries she suffered in a boat accident. She suffered injuries on the ladder of a boat she rented as part of her…
Florida Court Finds Relation-Back Doctrine Permits Injury Lawsuit Against Deceased Defendant
A Florida appellate court recently decided a case addressing whether a trial court erred in dismissing a plaintiff’s car accident lawsuit against a deceased defendant. Four years after the accident, the plaintiff filed a lawsuit against the defendant. The defendant in the case passed away three months before the plaintiff’s…
Do Florida Schools Have a Duty to Children Walking to the Bus Stop?
A Florida District Court issued an opinion addressing whether a School Board is liable for injuries a child suffered while walking to her bus stop. The case arose when a car hit the child while crossing the road to reach her school bus stop. In response to the plaintiff’s lawsuit,…