It’s generally advisable for car accident victims to avoid accepting an early settlement offer from the at-fault plaintiff’s insurer, particularly before it is reviewed by an experienced injury attorney. The reason is by so doing, you may be required to sign a release through which you agree not to pursue…
If you have suffered a personal injury, you may be faced with a hospital lien on whatever damages you collect from the tortfeasor (wrongdoer). Hospital lien claims typically arise when you have received some emergency care after an auto accident or slip-and-fall and you lacked insurance to fully cover your…
In a legal battle stemming from a barroom brawl in South Florida, the Florida Supreme Court marked a clear line between using the state’s “stand your ground” self-defense statute in criminal cases versus in civil trials. The court ruled that while state law does allow stand your ground immunity in…
Two recent Florida court cases have affirmed punitive damages awarded in product liability litigation. One of those involved a $12.3 million punitive damage award against a tobacco company in a smoking-related death (that was a decision by the 2nd District Court of Appeal) and another involves $22.5 million punitive damage…
Your personal injury attorney must carefully consider any offer of pre-trial settlement by the defense in a civil case to better your chances you won’t run afoul of F.S. 768.79 at the conclusion of trial. The very first section of this statute stipulates that if a defendant files an offer…
There are three basic types of civil liability (legal responsibility) in Florida personal injury cases: Negligence Intentional Torts Strict Liability Intentional torts are those that involve actions like assault and battery – some kind of intentional action that caused physical harm to someone else. Strict liability most typically arises in…
When a personal injury occurs in the course of an activity the injured person knew was dangerous, the court may shoot down claims of liability, citing the assumption of risk doctrine. However, Florida courts (specifically within the 1983 ruling of Kuehner v. Green) have historically limited successful use of the…
The explosive power of fireworks is an effective means to evoke strong emotions – including excitement and patriotism. That’s part of why they are so popular around the Fourth of July. But fireworks liability is an important topic of consideration this time of year too because all too often, negligent…
In a ruling that will have a major impact on all Florida personal injury lawsuits, the Florida Supreme Court has rejected a more stringent standard of evidence known as the Daubert Standard, in favor of the less restrictive Frye Standard that it followed for years. Florida legislators in 2013 voted to alter…
Proponents of tort reform are pressing forward with a series of bills that, if passed, would make it increasingly difficult to file an injury lawsuit, to pursue class action litigation or to obtain just compensation. The term “tort reform” is a tidy way of explaining efforts that make it harder…