Settlement is often a quick and efficient method of resolving personal injury claims. The option lets parties negotiate an agreement that works for them without spending the time and money that is typically required in a lawsuit setting. While settlements seem like the easy option, it is important to remember…
Articles Posted in Florida Personal Injury Caselaw
The Principle of Hearsay in Florida Law – Benjamin v. Tandem
The hearsay rule is an extremely complex part of evidence law that can affect the outcome of a case. Hearsay is defined as unverified or unofficial information received from another party rather than derived from one’s own knowledge. Given the potentially unreliable nature of these statements, there are strict rules about the…
Proving Lost Income in Florida Personal Injury Cases
Under Florida law, an injured person may seek a variety of damages from an at-fault party. The specific damages that a plaintiff can obtain will depend on the nature and severity of the injuries. Typically, damages can include medical expenses, lost income and benefits, pain and suffering, and more. While there…
Florida Court Refused to Enforce Waiver in Child Ear Piercing Injury Case
It seems that just about any activity you undertake these days requires signing a waiver. Waivers are typically designed to protect the entity providing the service. However, in order for a waiver to be enforceable, certain conditions must be met. In Claire’s Boutique v. Locastro, Florida’s Fourth District Court of…
Premises Liability and Trespassers in Florida
Are you responsible if someone uninvited and without warning enters your land, and slips and injures himself or herself on your property? Can the trespasser sue you for his or her injuries? What if you are a store owner, and a customer enters an “employee only” area and injures himself or…
The Different Statute of Limitations in Florida Boating Accident Cases
The beautiful Florida weather lends itself to many outdoor activities including many water sports like boating, jet skiing, and tubing. Due to the lakes, rivers and coastline in Florida, people can be seen outside enjoying the open air. Unfortunately, these outdoor activities also mean that boating accidents are quite common.…
Plaintiff’s Counsel Must be Given the Chance to Cross-Examine Defendant’s Expert Witness
When a plaintiff is injured due to the fault of someone else, that plaintiff can typically recover damages for his or her injuries from the responsible party under the theory of negligence. Negligence is the failure to take proper care in doing something. Put another way, negligence occurs when the…
Bad Faith Claims against Insurance Companies Need Sufficient Details in Florida
Under Florida law, auto insurance companies must act in “good faith” when handling claims from people they insure. The term “good faith” is used in many areas of law to refer to honesty and a sincere intention to deal fairly with others. In the context of an insurance company, good…
Golf Cart May be Considered a “Vehicle” for Insurance Purposes under Florida Law
In most instances, there is no dispute as to whether a “vehicle” was involved when it comes to motor vehicle accidents. However, in Angelotta v. Security National Insurance, Florida’s District Court of Appeals tackled the question of whether a modified golf cart constitutes a “vehicle” when it comes to insurance policies.…
When a City is Immune from Certain Injury Claims – Bussy-Morice v. Kennedy
We’ve all heard stories of police using excessive force on suspected criminals. Unfortunately, these cases are not as rare as you might think. Since a variety of measures police officers take are discretionary, police officers routinely overestimate threats and use too much force as a result. The Bureau of Justice…