Personal Injury Blog

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Florida Medicaid Liens For Past Medical Expenses

Florida Medicaid Liens For Past Medical Expenses

Personal Injury

In the case of Giraldo v. Agency For Health Care Administration, Case Number SC17-297 (Fla. July 5, 2018), the Florida Supreme Court held that federal law limits the lien rights that AHCA (Florida Medicaid) can claim to amounts recovered for past medical expenses.  Florida...

Juror Bias Is Cause For Challenge In A Vicarious Liability Case

Juror Bias Is Cause For Challenge In A Vicarious Liability Case

Personal Injury

In the case of Dayana St. Vil Lopez v. Yo Roofing and Associates, Inc. and Scott Allen Voorhees, Case number 4D17-2075 (Fla. 4th DCA June 27, 2018), Florida’s Fourth DCA held that a juror who clearly expressed bias against holding a party vicariously liable for a car accident...

Gross Negligence May Overcome Work Comp Immunity

Gross Negligence May Overcome Work Comp Immunity

Personal Injury

In the case of Ramsey v. Dewitt Excavating, Inc., Case Number 5D17-311 (Fla. 5th DCA June 15, 2018), Florida’s Fifth DCA held that there was enough evidence to allow a jury to decide whether a fellow co-worker of Mr. Ramsey was grossly negligent in turning on a concrete mixer...

Timing Of Suggestion Of Death And The Hearing To Substitute Parties

Timing Of Suggestion Of Death And The Hearing To Substitute Parties

Personal Injury

In the case of Stern v. Horwitz, Case Number 2D17-3044 (Fla. 2d DCA May 30, 2018), a suggestion of death was filed after one of the parties to the lawsuit died and a dismissal was reversed because the 90 day time period under Fla. R. Civ. P. 1.260(a) does not require that the trial...

Liability For Battery Acid Spilled Onto Roadway

Liability For Battery Acid Spilled Onto Roadway

Personal Injury

In the case of Simon’s Trucking, Inc. v. Lieupo, Case Number 1D17-2065, the First DCA held that section 376.313, Fla. Stat. does not permit a private right of action for personal injuries and certified a question of great public importance to the Florida Supreme Court. Facts Of...

Florida’s “One Expert Per Specialty” Rule Explained

Florida’s “One Expert Per Specialty” Rule Explained

Medical Malpractice

The So-Called One Expert Per Specialty Rule The “one expert per specialty” rule was addressed in Gutierrez v. Vargas, SC15-1924 (March 22, 2018) by the Florida Supreme Court. What Happened in the Case Gutierrez (a minor child) brought a medical malpractice case against...

Comparative Fault of Wrongful Death Survivor in Florida

Comparative Fault of Wrongful Death Survivor in Florida

Personal Injury

What happens when one of the survivors in a wrongful death case bears some degree of fault and there was a settlement? The answer to this question can be found in Hess v. Hess, 758 So. 2d 1203 (Fla. 4th DCA 2000) in that the probate judge should determine comparative fault among the...

Knowing What Caused Your Slip And Fall

Knowing What Caused Your Slip And Fall

Personal Injury

It is very important to know what caused you to slip and fall.  In the case of Lago v. Costco Wholesale Corporation, Case Number 3D16-1899 (December 13, 2017), summary judgment was given to Costco because the claimant could not offer evidence as to what caused her to slip and...

UM Coverage for Golf Cart Accidents

UM Coverage for Golf Cart Accidents

Personal Injury

The insurance company denied UM (underinsured motorist) coverage for a golf cart accident based on a policy exclusion in Amica Mutual Insurance Company v. Willis, Case Number 2D16-2319 (Fla. 2d DCA 2018). The Second DCA held that the insurance policy in question could not exclude UM...

Evidence To Reverse Summary Judgment in Dram Shop Case

Evidence To Reverse Summary Judgment in Dram Shop Case

Personal Injury

In Gonzalez v. Stoneybrook West Golf Club, (Case Number 5D16-2680), summary judgment in favor of the golf course was reversed because sufficient evidence existed that the golf course could be held responsible for an accident between their patron and a third person off the premises. A...

Attorneys Not Allowed To Argue Mathematical Effect Of A Verdict

Attorneys Not Allowed To Argue Mathematical Effect Of A Verdict

Personal Injury

In Harrison v. Gregory, (5D16-1037 and 5D16-2552), the Fifth DCA reversed a trial verdict where the plaintiff’s attorney had mentioned to the jury that apportioning 50% or more to the plaintiff would result in “no recovery.” Both the trial court and the Fifth DCA...

Chronic Pain From A Personal Injury Or Car Accident

Chronic Pain From A Personal Injury Or Car Accident

Personal Injury

Many personal injury and car accident cases involve relatively “minor” injuries. Insurance companies like to treat these cases as fraud and they defend them by trying to make the plaintiff out to be a liar. However, “minor” injuries may be “minor”...

Federal Medicaid Statute Amendments Effective October 1, 2017

Federal Medicaid Statute Amendments Effective October 1, 2017

Personal Injury

Amendments to the federal Medicaid Act that took effect on October 1, 2017 are changing the way that Medicaid liens attach to personal injury settlements in Florida and across the nation. UPDATE- This change in the law was superseded by the Bipartisan Budget Act of 2018 (BBA) passed...

Litigating Claims For Sexual Harassment In The Workplace

Litigating Claims For Sexual Harassment In The Workplace

Personal Injury

With recent accusations and settlements in the entertainment industry, the issue of sexual assault and sexual harassment in the workplace has become a multi-million dollar legal issue to business owners and insurance companies. Here’s What You Need To Know About Litigating A...

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