Stacking inferences is impermissible in Florida personal injury cases, but a defendant may not frame a single inference as multiple inferences in order to defeat a plaintiff’s claim. In a recent case that illustrates this point, a Florida appellate court considered a single-vehicle accident that happened on a part of…
Sometimes settlement with one defendant in a case is appropriate while settlement with another defendant cannot be reached. In those cases, a plaintiff can proceed to trial against one of the defendants while settling with the other and dismissing him or her. One concern a plaintiff may have in such…
If you are thinking about filing a personal injury lawsuit in Florida, you may be wondering what happens after the complaint is filed. Unlike what happens in legal dramas seen on television, personal injury lawsuits can take a long time to be resolved. During the course of the lawsuit, after…
The widespread use and inexpensive nature of technology offers evidence for trials today that would not have been available earlier in history. Videotape is one type of technology that has impacted personal injury trials. In a recent case, a plaintiff challenged a trial court’s judgment in favor of the defendant…
What is a “statute of repose?” In Florida, a statute of repose creates strict time limitations for a claimant to bring a claim against defendants. The right to bring that claim can be completely extinguished after a specific period based on the statute of repose. The limitation runs from the…
In a recent case, a woman sued a Florida cafe to recover compensation for personal injuries she suffered when she was attacked inside a popular restaurant and bar near the beach. On the night she was attacked, she had come to the restaurant to give her roommate (a bartender) a…
Interesting questions are presented in cases in which a security guard is negligent, leading to personal injuries or even death. Is the guard responsible for intentional misconduct by another person? In a recent case, a woman was murdered at her home in a gated community by a burglar. The community…
What happens when an accident is partly your fault? Plaintiffs whose injuries are the result of both their own negligence and other peoples’ negligence may have their damages reduced in proportion to their own fault. In a recent case, a plaintiff was found to be 90% negligent for not wearing…
It is important to read liability releases before signing them. However, even people who do read releases may have trouble figuring out what they’re signing. A serious ambiguity in a release may make it unenforceable. On the other hand, other factors may prevent recover, as they did in a recent…
Personal injury victims in Florida are entitled to jury trials. In a recent case, a plaintiff appealed because the trial court denied her challenge to a jury for cause. Also at issue was the trial court’s refusal to permit her to tell the jury about her Social Security disability status…