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Articles Posted in Personal Injury

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Appellate Court Holds Grocery Store Was Not Entitled to Summary Judgement in Florida Slip and Fall Case

Late last month, a state appellate court issued an opinion in a Florida premises liability case involving a woman who slipped and fell while at her local grocery store. The case required the court to determine if an affidavit of the plaintiff’s sister was properly excluded from consideration by the…

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Court Clarifies Availability of Damages in Florida Toxic Tort Case

In a recent opinion, Florida’s Supreme Court addressed whether an individual who suffers injuries because of a company’s discharge of toxic pollutants can hold the company liable for their damages. This case required the Supreme Court to dissect and analyze Florida’s 1970 Pollutant Discharge and Control Act (1970 Act) and…

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Uber’s First Safety Report Reveals Significant Passenger and Driver Claims

The significant growth of ride-sharing companies has resulted in new professional and financial opportunities for many people, in addition to another way for commuters to get to work. However, this method of transportation has its own set of complications, especially when someone suffers an injury during a pickup or ride.…

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Can Parties Circumvent the Statute of Limitations in Florida Personal Injury Cases?

There are various procedural and evidentiary rules and regulations that Florida car accident victims must follow if they want to collect damages from an at-fault party. Before a court accepts a personal injury lawsuit, it will determine whether the claim falls within the statute of limitations. The statute of limitations…

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The Collateral Source Rule in Florida

Florida personal injury cases can be complex, particularly when it comes to proving damages in cases where bills were already paid through another source. In a recent case before a state supreme court, the court considered whether to admit evidence of the original medical bill amount versus the amount actually…

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How the Doctrine of Negligence Per Se Helps Florida Accident Victims Prove Their Claims

In most Florida personal injury cases, the plaintiff must establish that the defendant violated a duty of care that was owed to the plaintiff, and that the defendant’s breach of this duty resulted in the plaintiff’s injuries. However, in some situations, Florida accident victims can utilize the doctrine of negligence…

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Comparative Negligence in Florida Personal Injury Cases

One of the most important legal doctrines that all accident victims should understand is the concept of comparative fault. While some Florida personal injury accidents are solely the fault of one party, many accidents involve a situation where the parties share responsibility for that accident. The doctrine of comparative fault…

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Court Reverses Jury’s Zero-Dollar Award for Past Non-Economic Damages in Recent Florida Car Accident Case

While juries can determine the appropriate amount of compensation to award a plaintiff, a jury’s award must be consistent. On May 29, 2019, a state appellate court issued an opinion in a Florida car accident case holding that the jury’s zero-dollar award for the plaintiff’s claim of past non-economic damages…

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The Element of Causation in Florida Personal Injury Cases

The typical Florida personal injury case requires the plaintiff to establish proof of four elements:  duty, breach, causation, and damages. In many cases, the defendant acknowledges that they breached a duty that was owed to the plaintiff and that the plaintiff suffered injuries, but they claim that their breach of…

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When Must a Plaintiff Comply with Strict Requirements of a Florida Medical Malpractice Lawsuit?

When a patient is injured after receiving negligent medical care, they may be able to pursue a Florida medical malpractice lawsuit against the medical professionals they believe to be responsible for their injuries. Florida medical malpractice lawsuits, however, are subject to several additional requirements that can be burdensome for many…

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