Personal Injury Blog

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Defense Lawyers Complain About “Reptile” Plaintiffs

Defense Lawyers Complain About “Reptile” Plaintiffs

Medical Malpractice

The world of personal injury litigation is one of the most hotly contested areas of law and is a sore subject of political debate across the United States. There are some people who feel that the civil justice system is broken while others believe that the civil justice system,...

Promises Made By Lawyers In Personal Injury Advertisements

Promises Made By Lawyers In Personal Injury Advertisements

Personal Injury

Personal injury lawyers in Florida have become very competitive about getting new cases. While every law firms needs new cases to survive, as a consumer you should be aware of some of the advertising tricks that personal injury lawyers in your area are using. “The Insurance...

2017 DCA Rulings On Proposals For Settlement

2017 DCA Rulings On Proposals For Settlement

Car Accidents

The summer of 2017 was a hot time for appeals on proposals for settlement in Florida. In Dowd v. GEICO General Insurance Company (3D15-1725)(June 28, 2017), the Third DCA lets a plaintiff injured in a crosswalk accident off the hook for responsibility while the Fourth DCA in Sherman...

Real Statistics About Tort Lawsuits Being Filed

Real Statistics About Tort Lawsuits Being Filed

Medical Malpractice

Statistics show that fewer lawsuits for car accidents, medical malpractice, and product liability claims are being filed in American courts. By The Numbers The National Center for State Courts (NCSC) has indicated the following statistics: In 1993, 10 out of 1,000 Americans filed a...

Uber Driver Fires Gun While On The Job

Uber Driver Fires Gun While On The Job

Personal Injury

An Uber driver got into an argument with wet riders who called for a ride from Adventure Island that resulted in the driver firing his gun while on the job.  The Uber driver now claims that the discharge was “accidental.”  Discharging a firearm in public is a...

Appeal Reverses Ruling On Fraud Upon The Court

Appeal Reverses Ruling On Fraud Upon The Court

Personal Injury

In the case of Duarte v. Snap-On, Inc. (Fla. 2d DCA Case Number 2D15-1952), the Second DCA reversed a dismissal for fraud upon the court. How Is Fraud Upon The Court Decided? Fraud upon the court has recently been a frequent tactic for defense firms and insurance companies to avoid...

Referral To Doctor Is Protected By Attorney-Client Privilege

Referral To Doctor Is Protected By Attorney-Client Privilege

Personal Injury

In the case of Worley v. Central Florida Young Men’s Christian Ass’n, Inc. (YMCA), Case Number SC15-1086, the Florida Supreme Court held that a referral of a client from a lawyer to a doctor is protected by the attorney-client privilege and does not have to be...

Federal Employee Health Benefit Plan Pre-Emption Of State Law

Federal Employee Health Benefit Plan Pre-Emption Of State Law

Personal Injury

On April 18, 2017, the US Supreme Court reached a decision in Coventry Health Care v. Nevils and found that Federal Employee Health Benefit Plans (FEHBA) pre-empt state law on subrogation and reimbursement rights following a personal injury settlement or jury verdict. How Does...

Pet Injury Bill Introduced In Florida Legislature

Pet Injury Bill Introduced In Florida Legislature

Personal Injury

Senator Dana Young and Representative Jared Moskowitz have filed respective bills seeking to legalize compensation for injuries or deaths to pets as result of negligence.  Under existing Florida law, pets are considered property for which there is no right to claim a wrongful...

Liability For Injuries While Horse Riding In Florida

Liability For Injuries While Horse Riding In Florida

Personal Injury

In Florida, there is a general rule that the owner of a horse is not legally responsible for injuries that occur while allowing a third person to ride the horse.  There are a number of exceptions to this general rule outlined below. General Immunity For Horse Owner Is The...

Pit Bull Attacks 3-Year-Old in Groveland

Pit Bull Attacks 3-Year-Old in Groveland

Personal Injury

A three-year-old boy was bitten on his head and neck on December 21, 2016 in Groveland, Florida.  The incident happened when a pit bull belonging to the boy’s neighbor attacked the boy and his mother as they were walking into their neighbor’s backyard to see another...

Dog Bites Boy’s Face in Winter Haven

Dog Bites Boy’s Face in Winter Haven

Personal Injury

A four-year-old boy, Michael Roth, was bitten on the face by a dog in Winter Haven, Florida on December 21, 2016 at approximately 12:30 p.m.  The bite resulted in significant facial injuries as the child went to pick up an ornament for a Christmas tree.  Apparently the dog...

Uber Creates Safety and Behavior Rules

Uber Creates Safety and Behavior Rules

Car Accidents

Ridesharing company Uber released new rules on December 8, 2016 for passenger’s behavior.  The list of new rules, taken as a safety measure, also include vandalism, flirting, and sex.  Here is a list of what you should expect: Causing damage to drivers’ or fellow...

Walgreens Sued for Forcing Customer to Clean Bathroom

Walgreens Sued for Forcing Customer to Clean Bathroom

Personal Injury

A lawsuit against Walgreens alleges that a customer, Fernando Elizarraras, was forced by store employees to clean a soiled bathroom after using it at an store in Orlando, Florida.  The original lawsuit (Case Number 2016-CA-009159, filed in the Ninth Judicial Circuit for Orange...

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