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South Florida Injury Lawyer Blawg

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Misdiagnosis, Delayed Diagnosis, or Failure to Diagnose in Florida

When you visit a doctor, you expect the physician to be competent. A misdiagnosis, delayed diagnosis, or failure to diagnose can be extremely detrimental to a person’s health. It can hamper the individual’s ability to seek timely treatment and worsen his or her condition. If you or a loved one has…

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Court Address Pain and Suffering Damages Issue in Florida Car Accident Case

In some accident cases, damages are relatively easy to calculate. In other cases, however, determinations of damages can be quite complicated. If you’ve been injured in a car wreck, it is important to seek the help of a qualified Miami attorney who can assess the merits of your case. At…

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Florida Court Rules in Cruise Injury Case

In Cordani v. NCL (Bahamas) Ltd., William Cordani’s estate brought a wrongful death claim against NCL (Bahamas) Ltd., a cruise company and its medical team. The lawsuit was filed after Cordani died due to sickness while on a cruise ship. Cordani’s estate brought a multiple-count complaint against the cruise company as well…

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Florida Supreme Court Clarifies the Collateral Source Rule

The collateral source rule is rooted in the legal principle that compensation obtained by a plaintiff through a secondary source (i.e., health insurance) is irrelevant to the liability of the defendant. Put another way, a defendant does not get to pay less for his or her negligence simply because a…

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The “American Rule” in the Context of Florida Personal Injury Cases

Automobile accidents, premises liability cases, and other personal injury claims fall within the scope of negligence law. Negligence is the failure to use the level of care a prudent person would use in the same or similar circumstances. In order to establish negligence, a plaintiff must demonstrate that he or…

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Florida Appeals Court Resolves Summary Judgment Issue in Deadly Pedestrian Accident Case

Unfortunately, pedestrians are injured and killed throughout the United States every year. According to the National Highway Traffic Safety Administration (NHTSA), approximately 4,735 pedestrians were killed in 2013, while an estimated 66,000 were injured. The state of Florida has a major issue when it comes to pedestrian accidents and has…

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