Under Florida Workers’ Compensation law, employers have worker’s compensation immunity for their employees. An “employee” also means an independent contractor working in the construction industry. It does not, however, include someone who is an owner-operator of a motor vehicle who transports a haul under contract with a “motor carrier.” If…
A Florida statutory subsection limits damages when an owner loans his vehicle to another person whose negligent operation of the car leads to damages to a victim. In that case, the owner is liable only up to $100,000 per person and up to $300,000 per incident for bodily injury and…
Both plaintiffs and defendants are subject to intense questioning about personal subjects when engaged in a personal injury lawsuit in Florida. Each side will attempt to find information to discredit the other side. If you drove on a suspended license, if you have a history of traffic violations or you…
In Florida, a person who has created a perilous situation for another person will be held to have caused the peril not only to a victim, but also the person attempting to rescue him. The creator of the situation is thereby liable for the rescuer’s injuries. A plaintiff must prove…
Critical to some Florida car accident cases is the testimony of an expert on accident reconstruction. Often it is unclear what actually happened–the parties either don’t remember or have grossly different accounts of the events. In those cases, an accident reconstruction expert can shed light on all that is unknown…
Often plaintiffs must work towards settlement not only with a defense attorney, but also an insurer. One strategic area during a lawsuit is settlement offers. There can be an advantage to trying to settle early. However, offers must be extremely specific. This is why it is critical to secure the…
Sometimes, even after all the hours of trial preparation, a trial, and jury deliberation, a new trial is appropriate. In a recent Florida Supreme Court case, the court considered the automobile accident injuries of a man (the plaintiff) who was injured when rear-ended by a drunk driver (the defendant). The…
Both compensatory and punitive damages may be awarded in Florida personal injury cases. Punitive damages receive a lot of attention in the news because they may be quite high in certain circumstances. They may be particularly high where the defendant is a multi-million dollar corporation and the defendant’s conduct is…
In a Florida personal injury lawsuit, both sides conduct investigations in a phase called “pre-trial discovery.” Discovery simplifies the issues, eliminates surprise and encourages fair settlements. Among the tools for discovery are interrogatories, requests for admission, depositions, subpoenas of medical records and independent medical examinations. A defendant is usually entitled…
Usually a Florida landowner or an employer of an independent contractor is not liable for negligent acts of the independent contractor. There are exceptions, among them an exception for work that creates exceptional risks. In a wrongful death case earlier this year, a large tractor was moving along the interstate…