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Articles Posted in Personal Injury

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Can a Court Exclude Relevant Evidence from a Florida Personal Injury Trial?

In general, all relevant evidence is admissible in a Florida personal injury lawsuit. The Florida Rules of Evidence define relevant evidence as any evidence “tending to prove or disprove a material fact.” Thus, under the general rule, almost all of the evidence a party would hope to use at trial…

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Florida Court Explains the Limits on Circumstantial Evidence in Recent Car Accident Lawsuit

In a recent state appellate decision, a Florida court upheld a jury’s verdict in favor of a plaintiff who was seriously injured after being rear-ended by a van while stopped in traffic on the Buckman Bridge. The case required the court to determine whether the plaintiff’s case improperly relied upon…

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Court Dismisses Appeal Based on Plaintiff’s Failure to Object at Trial, Illustrating Importance of Properly Preserving Issues in Florida Personal Injury Cases

Recently, a state appellate court issued a written opinion in a personal injury case illustrating the importance of taking all steps to properly preserve any issues a party believes a judge decided wrongly in a Florida personal injury case. In this case, the court ultimately dismissed the plaintiff’s appeal because…

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Court Declines to Impose Duty on Landowner to Trim Trees Near Intersection

In a recent personal injury opinion, a state appellate court rejected a plaintiff’s claim against the defendant landowner that was based on the landowner’s failure to trim trees that the plaintiff claimed blocked the view of oncoming traffic. The case presents an interesting issue for Florida car accident plaintiffs because…

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Court Discusses Caterer’s Liability in Recent Food-Poisoning Case

When a customer consumes food prepared by a restaurant or caterer, the customer is placing a significant amount of trust in those who are preparing the food. However, in many cases each year, diners are made ill by improperly stored or prepared food. These Florida food poisoning cases are brought…

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Jury Holds Railroad Company Liable for Fatal Train Accident, Court Upholds $10.4 Million Verdict

Although less common than years ago, Florida train accidents still injure a significant number of people each year. In fact, according to the most recent government statistics, there have already been roughly 350 fatalities due to train accidents so far this year.Railroad companies have a duty to ensure that they…

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Court Rejects Plaintiff’s Claim That She Was Distracted at Time of Accident

The ultimate question in Florida premises liability lawsuits is whether the defendant landowner was negligent in the maintenance of their property. In order to determine if a landowner is legally negligent, courts consider a variety of factors, including the relationship between the parties, the level of duty the defendant owed…

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Court Limits Employer’s Duty in Recent Case Stemming from Pedestrian-Railroad Fatality

Recently, a state appellate court issued a written opinion in a Florida pedestrian accident case involving the duty a defendant employer owes to a plaintiff employee. The case presented the court with the opportunity to discuss the outer limits of an employer’s duty to protect an employee. Ultimately, the court…

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In Florida, Statutes of Limitations Cannot Be Shortened by Agreement

When someone is injured due to the negligent actions of another party, the injured party may pursue compensation for their injuries through a Florida personal injury lawsuit. As a general matter, all lawsuits based on some type of injury must be filed by a certain time afterward, usually based on…

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Recent Appellate Opinion Highlights the Importance of Truthfulness in Personal Injury Cases

Recently, a state appellate court issued a written opinion dismissing a plaintiff’s complaint against the defendant, based on the fact that the plaintiff concealed prior injuries that he had suffered. The case is important for Florida car accident victims because it illustrates the importance of being truthful in all statements…

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