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Articles Posted in Personal Injury

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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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Loss of Consortium Damages in Florida Personal Injury Lawsuits

When someone is injured due to another’s negligent actions, they can pursue a claim for compensation through a Florida personal injury lawsuit. Depending on the type of accident, the extent of the plaintiff’s injuries, and the defendant’s conduct that gave rise to plaintiff’s injuries, there are various types of damages…

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The Rear-End Collision Presumption Under Florida Personal Injury Law

Typically, when a Florida car accident victim files a case against another driver, they must establish that the defendant’s conduct was negligent and that their negligence caused the plaintiff’s injuries. However, under certain circumstances, the law imposes what is called a presumption of negligence. A “presumption” allows for a judge…

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The Concept of Personal Jurisdiction in Florida Personal Injury Cases

Bringing a successful Florida personal injury lawsuit often requires more than just proving that the defendant was responsible for the plaintiff’s injuries. In fact, there is a significant amount of thought that must go into a case before the case is even filed. One concept that can cause a Florida…

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When Does a Florida Statute of Limitations Begin to Run?

All Florida personal injury cases must be brought within a certain amount of time. Florida Statutes section 95.11 provides the statutes of limitations for each cause of action. For example, most personal injury lawsuits alleging negligence must be brought within four years; however, Florida medical malpractice lawsuits must be brought…

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