In a recent opinion, a state appellate court discussed the notice requirements of a Florida medical malpractice lawsuit. That presented a situation in which a plaintiff filed a lawsuit against a healthcare provider raising claims that the plaintiff believed was not based on a theory of medical malpractice. Thus, the…
Some parties try to get away with lying or concealing information relevant to a legal claim. However, the consequences of failing to provide honest and complete testimony can be dire. In a recent case before a Florida appeals court, the court dismissed a personal injury claim after the plaintiff concealed…
All Florida personal injury claims have certain elements that must be met before a jury can award a plaintiff compensation for the injuries they have sustained. In general, all lawsuits brought under the umbrella of “negligence” must establish that the defendant violated a duty of care that was owed to…
Medical malpractice claims in Florida are treated differently than general negligence claims. For one, plaintiffs in Florida medical malpractice cases have to follow certain procedural requirements before filing a lawsuit. Another difference is that the statute of limitations for medical malpractice claims is two years, and to two years for…
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…
In most Florida personal injury cases, once a jury comes to a decision and enters a verdict, the case is over. Generally speaking, the jury’s decision regarding whether the defendant should be held liable to the plaintiff is fairly insulated from review and can only be overturned in the rarest…
Earlier this month, an appellate court issued an opinion in a Florida personal injury case involving a pedestrian who was struck by a golf cart and sustained serious injuries. The case illustrates the difficulties that are common when dealing with an insurance company in the wake of a serious accident.…
Cases that go to trial are generally left in the hands of the jury. However, in some cases, judges can take the decision out of juries’ hands and make a decision on their own. In one recent case, a Florida appellate court considered the limits of a trial judge’s ability…
Last month, a state appellate court issued a written opinion in a Florida premises liability lawsuit that presented the court with the opportunity to discuss when a negligence case becomes subject to the additional procedural requirements of a medical malpractice case under Florida law. Ultimately, the court determined that the…
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,…