In Florida medical malpractice cases, a plaintiff must conduct an investigation among experts to see if there are reasonable grounds to believe a particular medical professional was negligent and that the negligence led to his or her injury. If so, the plaintiff must notify each defendant of the intent to…
Trip and fall cases can be difficult to prove in Florida. A critical aspect of preparing a case is interviewing witnesses, including the property owner or manager. Usually an investigator does this investigation alone. Sometimes, an attorney accompanies the investigator, but this can raise certain risks, such as the risk…
Claiming your opponent has committed a fraud on the court is a serious accusation in Florida lawsuits. In a recent car accident case, the plaintiff sued the defendants alleging permanent injuries that included aggravation of a previously existing condition. During his deposition, he testified that he had previously been injured…
“Respondeat superior” is a theory that may be asserted in personal injury cases in many jurisdictions, including Florida. It makes employers liable when their employees commit wrongful acts within the course and scope of their employment. A recent case illustrates how this type of theory can be pursued in a…
After you’re hurt in an accident, you might assume that the people who caused your injury will behave ethically, keeping any evidence that you may need at trial. Unfortunately, this is not always the case. The insurance carrier for a store, hospital or other entity is not on your side.…
Duty is a question of law in Florida. An affirmative duty to help a person in need cannot be imposed on just anyone. An appellate case illustrates just how strict the prohibition against imposing such an affirmative duty is. In the case, the plaintiff was drinking with a man and…
As we have explained in earlier posts, Florida has become a comparative negligence state. This means that a plaintiff whose own conduct contributes to his injuries will have his or her award reduced by the percentage of fault that can be attributed to him. In a case decided last year,…
The birth of a child is often a joyous event for a couple. Unfortunately, there are cases when obstetricians make errors that lead to permanent problems for the child. Last year, a Florida Court of Appeals considered the birth of a boy who, at his birth, seemed to have limited…
In Florida premise liability cases, the obvious danger doctrine allows a landowner to avoid liability where the condition that caused the injury was known or obvious to the person who was injured. In a recent case, a woman sued a market after tripping on a mat outside the public entrance…
A Florida appellate court recently addressed this issue in the context of a personal injury plaintiff who claimed her financial situation did not permit her to seek or receive consistent treatment for claimed injuries. The case arose out of a car crash in which the defendant claimed his car was…