Personal Injury Blog

Understanding Florida’s statute of limitations for birth injury cases is crucial for protecting your child’s rights. Missing important deadlines can prevent you from seeking the compensation your family deserves. This guide explains the time limits for filing a claim, the...

In this article, you will discover: Why lack of evidence can get your personal injury claim denied. How failure to report an accident will get your claim denied. Why inconsistencies in your medical record can get your claim denied. Reason #1: Lack Of Evidence As the plaintiff, you...

Navigating the legal landscape of personal injury in Florida underwent some significant changes in 2023. Read on to learn what they are, including a discussion of: Changes to Florida’s personal injury statute of limitations. The effect the elimination of attorney fees has had on...

Trucking & Auto Wreck Injury Claims: Understanding The Basics Of The Process When a trucking accident occurs, most people quickly realize they are hurt and start reaching out to lawyers for guidance. In fact, many of my personal injury clients have already sought medical care,...

The Importance Of Legal Counsel In A Personal Injury Case When it comes to a personal injury claim, knowing the right steps to take can significantly impact the outcome of your case, whereas missteps can result in not only wasted time but also lost resources that could be better...

In the case of James Randolph Harris v. Sunbelt Rentals, Inc., et al., Case Number 3D21-2164 (Fla. 3rd DCA February 8, 2023), Florida’s Third DCA reversed a summary judgment in favor of Sunbelt Rentals on the issue of whether the plaintiff had joint control over the...

In the case of Martex Corporation v. Roberto Artiles, Case Number 3D21-2119 (Fla. 3rd DCA January 11, 2023), Florida’s Third DCA held that a worker injured by falling through a sky light had a valid question as to whether the property owner was aware of a concealed danger and...

In the case of Daniel Kellenberger v. Wal-Mart Stores East, LP, Case Number 1D21-2368 (Fla. 1st DCA November 30, 2022), Florida’s First DCA affirmed the extensive cross-examination of the plaintiff regarding discovery violations before trial. However, Justice Jay wrote a...

In the case of Jane v. Beef O’Brady’s of DeFuniak Springs, LLC and City of DeFuniak Springs, Case Number 1D21-623 (Fla. 1st DCA September 14, 2022), Florida’s First DCA held that the undertakings doctrine could apply to a wrongful death claim when one restaurant...

In the case of Rose Renda v. Joseph Price, Case Number 4D21-534 (Fla. 4th DCA July 27, 2022), Florida’s Fourth DCA held that using fraudulent funds to obtain a homestead for the purpose of defeating a judgment creditor results in an equitable lien on the homestead subject to...

In the case of Aldo Gabriel Amenta Pozanco v. FJB 6501, Inc., Case Number 3D20-1734 (Fla. 3d DCA June 1, 2022), Florida’s First DCA reversed a summary judgment in favor of the defendant homeowner concluding that the owner had no duty to warn of a dangerous condition because...

In the case of People’s Trust Insurance Company v. Progressive Express Insurance Company, Case Number 3D19-1952 (Fla. 3rd DCA December 8, 2021), Florida’s Third DCA held that a mobile crane used to lift a shed was not covered under an automobile insurance policy while...

In the cases of Brent Dodgen v. Kaitlyn Grijalva, Case Number SC19-1118 (Fla. October 14, 2021) and Steven Younkin v. Nathan Blackwelder, Case Number SC19-385 (Fla. October 14, 2021), the Florida Supreme Court upheld the Worley decision and held that the financial relationship...

In the case of Estate of Sweeney v. Gloria Washington, Case Numbers 2D20-1848 and 2D20-2520 (Fla. 2d DCA September 3, 2021), Florida’s Second DCA held that calculations for the “net judgment” on a proposal for settlement only includes costs that would have been...

In the case of Michael Anthony Mortellaro, as PR for the Estate of Gloria C. Cooper, v. Caribe Health Center, Inc., Case Number 2D19-4473 (Fla. 2d DCA May 26, 2021), Florida’s Second DCA held that failure to pay a settlement agreement on time resulted in a material breach and...

In SC20-1490 (December 31, 2020), the Florida Supreme Court amended the Florida Rules of Civil Procedure 1.510 to make it easier for judges to decide issues at a summary judgment hearing rather than a jury trial. The Old Rule v. The New Rule Fla. R. Civ. P. 1.510(c) (prior to...

In the case of Gloria Cabrera v. Wal-Mart Stores East, LP, Case Number 3D19-2301 (Fla. 3rd DCA December 16, 2020), Florida’s Third DCA held that it was error for a jury to award damages for past medical expenses but nothing for pain and suffering. Facts And Injury Ms....

In the case of Tracy Greene v. Twistee Treat USA, LLC, et al, Case Number 2D18-4064 (Fla. 2d DCA September 4, 2020), Florida’s Second DCA held that a man-made depression in a parking lot was not so open and obvious that summary judgment should be granted in favor of the...

In the case of Curtis Luckman v. Alfred Harris Wills, et al., Case Number 3D19-453 (Fla. 3rd DCA July 29, 2020), Florida’s Third DCA held that a hotel operating a complimentary golf cart had no duty after the passenger voluntarily disembarked. Facts of the Case Luckman...

In the case of Deon Williams v. Boyd-Panciera Family Funeral Care, Inc., Case Numbers 4D19-473 and 4D19-838, Florida’s Fourth DCA held that the parents of a deceased child had no claim for emotional distress after a funeral home lost the cremated remains of their child because...