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Articles Posted in Personal Injury

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Florida Personal Injury Lawsuits Following Changes to Summary Judgment Rule

In December 2020, the Florida Supreme Court announced that effective May 2021, Florida state courts would begin following the federal summary judgment standard. These changes will inevitably drastically impact Florida personal injury lawsuits. Further solidifying the change, at the end of April, the Florida Supreme court reviewed comments from the…

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How Does a Medical Lien Work in a Personal Injury Case?

If you have an existing medical lien during your personal injury case, you may be wondering if this will prevent you from receiving financial compensation. You may need to pay your past due bills before receiving a payment from your personal injury settlement. Having an experienced lawyer look into this…

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Punitive Damages in Florida Personal Injury Cases

When someone is injured in a Florida accident, the state’s law allows them to file a civil suit against the responsible party. If successful, plaintiffs may be able to recover monetary compensation to cover lost wages, pain and suffering, past and future medical expenses, loss of consortium, and even funeral…

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Florida Court Allows Plaintiffs to Amend Claim to Seek Punitive Damages

In April of 2019, a state appellate court issued a written opinion in a Florida personal injury case discussing whether the plaintiffs were properly allowed to amend their complaint to add a claim for punitive damages against the defendant. Ultimately, the court concluded that the trial court followed the required…

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Florida Court Rejects Nursing Home’s Request to Have Arbitrator Determine Validity of Arbitration Agreement

Earlier this month, an appellate court issued a written opinion in a Florida wrongful death case brought by a woman whose husband died while in the care of the defendant nursing home. The case required that the court determine whether the plaintiff’s claim involving the validity of the arbitration agreement…

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Florida Court Refuses to Consider Insurance Company’s Argument Raised for the First Time in a Post-Trial Motion

As a general rule, litigants in Florida car accident cases must raise any issues they have with the trial court’s decisions at the moment a decision is made. Similarly, when responding to a claim or allegation, a party should be sure to make all relevant arguments at that time. Otherwise,…

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Maintaining a Healthy Work-Life Balance

As work-life balance is getting harder to maintain, partly due to the ever-evolving technology that is available to access around the clock, I would like to talk about ways of disconnecting to improve your work habits. Being good at resting is an important component in achieving a well-balanced work-life-schedule. Unplug.…

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Florida’s Fourth District Court of Appeal Examines Rear-End Collision Presumption

Under Florida law, it is presumed in rear-end collision cases that the driver of the rear vehicle was negligent. Although this presumption can be a useful tool for litigants, the presumption is not absolute, and those seeking to make recourse to this presumption must be able to show that no possible negligence…

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