Personal Injury Lawyer Blog

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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...

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...

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...

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...

Hot Coffee Verdict Against Starbucks In Jacksonville

Hot Coffee Verdict Against Starbucks In Jacksonville

News Events

A jury in Jacksonville, Florida awarded Joanne Mogavero $100,000 after a cup of hot coffee spilled on her at a drive-through at the River City Marketplace Starbucks in July 2014. Facts Of The Case According to Joanne Mogavero’s lawsuit, a Starbucks’ employee handed 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...

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