Although many would believe, given the frequency of “slip and fall” accidents, that the law in the area should be well settled, Florida law regarding business owners’ “slip and fall” liability has been in considerable flux for the past decade. On February 26, the Fourth District Court of Appeals injected further confusion…
South Florida Injury Attorneys Blog
Can I File A Lawsuit in Florida if I was Injured in a Trucking Accident?
If you have recently been involved in a Florida truck accident, you understand how difficult being involved in an accident can make your life. Even after you recover from the immediate physical injuries caused by the accident, there are often lingering physical effects of the injuries. In addition, there are…
Florida Supreme Court Rules Statutory Caps on Non-Economic Damages Unconstitutional as Applied in Wrongful Death Medical Malpractice Case
After months of anticipation, the Supreme Court of Florida has issued its much-awaited decision in Estate of McCall v. United States of America. In a heavily divided opinion that spans nearly 100 pages, the majority of the court held that Florida’s statutorily imposed caps on wrongful death non-economic damages in…
Update: Supreme Court of Florida to Address Several Questions Left in the Wake of McCall Decision
Fewer than five months after its formative opinion in McCall v. United States, the Supreme Court of Florida will once again examine the legality of Florida’s statutory caps on noneconomic damages in medical negligence suits. On June 4, the court will hear the oral argument in Miles v. Weingrad, which raises…
A Review of “Examination Under Oath” and “Independent Medical Examination” Provisions for PIP Benefits
Although Florida instituted a no-fault insurance scheme to assure swift recovery for auto accident victims and dissuade needless litigation involving small claims, insurers have often conditioned the receipt of benefits in various ways that have made the benefit acquisition process increasingly protracted and involved. Two common provisions that insurers incorporate…