Earlier this month, a state appellate court issued an opinion in a personal injury case that raises interesting issues for Florida product liability plaintiffs who have been injured as a result of an improperly designed or maintained vehicle. The case required the court to determine if a used-car dealer could…
South Florida Personal Injury Lawyers Blog
Plaintiff’s Medical Malpractice Lawsuit Dismissed for Failing to Meet Pre-Suit Requirements
Earlier this month, a state appellate court issued a written opinion in a Florida medical malpractice lawsuit discussing the potential consequences that may arise when a plaintiff fails to properly follow all of the procedural requirements. Ultimately, the court affirmed the dismissal of the plaintiff’s lawsuit against the defendant because…
Federal Appellate Court Finds that the Feres Doctrine Bars Medical Malpractice Liability
Recently, a federal appellate court issued an opinion stemming from a lawsuit filed by the husband of a Navy lieutenant who died following complications from childbirth. The husband filed a lawsuit alleging that his wife’s death was caused by the negligence of the medical staff at a naval hospital. Ultimately,…
Court Orders New Trial in Medical Malpractice Case After Jury Returns Zero-Dollar Damages Award for Plaintiff’s Pain and Suffering
Earlier this year, a state appellate court issued a written opinion that raised an interesting issue that comes up in Florida personal injury cases from time to time. The case presented the court with the opportunity to discuss under which circumstances a jury’s zero-dollar damages award is insufficient as a…
Court Rejects Underinsured Motorist Claim Following Horse-Drawn Carriage Accident
Recently, a state appellate court issued a written opinion in a personal injury case involving an interesting insurance issue that can come up in many Florida car accident cases. The case required the court to determine if the defendant insurance company was proper to deny the plaintiffs’ claims arising from a…
Florida’s Recreational-Use Statute May Prevent Some Victims from Recovering Compensation for Their Injuries
As a general rule, landowners have a duty to make sure that their property is safe for those whom they invite onto their land. If someone is injured due to a landowner’s negligence, the injured party can pursue a Florida premises liability lawsuit against the landowner.However, Florida lawmakers have established…
Court Permits Slip-and-Fall Plaintiff to Proceed with Her Claim Against Large Retailer
Earlier this month, a state appellate court issued a written opinion in a personal injury case that raises interesting and important issues for Florida slip-and-fall accident victims. The case required the court to determine if the plaintiff’s case against Walmart should proceed toward trial when there was no actual evidence…
Recent Appellate Opinion Highlights the Importance of Truthfulness in Personal Injury Cases
Recently, a state appellate court issued a written opinion dismissing a plaintiff’s complaint against the defendant, based on the fact that the plaintiff concealed prior injuries that he had suffered. The case is important for Florida car accident victims because it illustrates the importance of being truthful in all statements…
Court Dismisses Slip-and-Fall Case Based on Plaintiff’s Failure to Provide Specific Location of Injury
Recently, an appellate court issued an opinion in a personal injury lawsuit regarding an issue that often arises in Florida slip-and-fall cases. Specifically, the case deals with the quantum of evidence a plaintiff must provide in order to present a legally sufficient case. Here, the court affirmed the trial court’s…
Court Discusses Assumption of the Risk Doctrine in Recent Ski Accident Case
In some Florida personal injury lawsuits, the defendant can claim that the plaintiff should not be able to pursue a claim for compensation based on the fact that the plaintiff assumed the risks involved in participating in the activity that ultimately caused their injuries. This type of defense is common…