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Articles Posted in Personal Injury

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Eleventh Circuit Reverses Lower Court Decision Involving the Definition of a “Land Motor Vehicle

In a recent case, the United States Court of Appeals for the Eleventh Circuit issued an opinion in an appeal involving a dispute regarding the definition of a land motor vehicle in an insurance policy. The plaintiff, State Farm Mutual Automobile Insurance Company (State Farm), sued the defendant, an individual…

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Florida Legislature Enacts Sweeping Personal Injury Reforms

On March 24, 2023, Florida Governor Ron DeSantis signed a far-reaching tort reform bill into law. The new law enacts several major changes to the Florida negligence liability system, the standard for bad-faith insurance claims, and the use of contingency-fee multipliers when calculating attorneys’ fees. Each of these changes directly…

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Increased Risks Associated with E-Bike Accidents

E-bike accident levels have continued to rise as e-bike usage climbs throughout the nation and Florida. Nationally, the sale of e-bikes has rapidly increased, with roughly 804,000 sold in 2021, up from only about 152,000 in 2016, according to the National Bicycle Dealers Association. E-bikes are a popular vehicle option…

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Wedding Guest Sues Bride and Caterer for “Poisonous” Marijuana-Laced Wedding Food

Wedding guests are generally subject to the desires of the bride and groom when it comes to the food and drinks served at a wedding. Guests with dietary restrictions or strong food preferences may need to avoid certain wedding foods, or even skip out on a reception entirely if an…

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Florida Assault and Battery Claims Under the Civil System

In some instances, those who suffer injuries from an intentional act may seek financial compensation from their attackers. Under Florida law, assault and battery victims may file a civil claim against the at-fault party similar to victims of traffic accidents, trip-and-falls, or other accidents in which they suffer harm. These…

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Can You Recover Attorney’s Fees in a Florida Personal Injury Lawsuit?

Many Florida personal injury lawyers represent clients on a “contingency fee” basis. Under this framework, an attorney will get paid by deducting a portion of a final, personal injury or wrongful death settlement or from a damages award. Recently, a Florida injury plaintiff moved to assess attorneys fees based upon…

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Florida Accident Victim Prevails on Appeal Based on Jury Instruction

An appellate court recently issued a decision in a Florida accident case resulting in serious injuries. The defendant admitted fault and the issues at trial related to damages, causation, and severity of the plaintiff’s injuries. The jury found in favor of the plaintiff but failed to address whether she was…

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Florida Court Refuses to Dismiss Accident Victim’s Personal Injury Case

A lot of legal jargon sounds as foreign as it is. In the case of “forum non-conveniens,” however, the meaning is much like it sounds. A tactical strategy to avoid litigation, the concept of forum non-conveniens allows defendants to argue that the case against them should be dismissed because the…

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Establishing the Duty of Care in a Florida Personal Injury Lawsuit

After experiencing an injury because of another’s negligence, an accident victim may be able to collect damages for their losses. Under Florida’s negligence laws, the plaintiff must establish that the at-fault party was responsible for the incident and ensuing injuries. While this may seem straightforward, the law has many nuances…

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Florida Supreme Court Amends Summary Judgment Rule

Late last year, the Florida Supreme Court issued an opinion amending Rule 1.510, Florida’s summary judgment standard. Before making substantive changes, the Court allowed the public to submit comments. After receiving and reviewing the comments, the court issued an opinion amending Rule 1.510, effectively adopting the text of the federal…

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