Under certain circumstances, after a trial, a personal injury plaintiff may make a motion for a new trial, sometimes focusing on a new trial for a specific issue in the original trial. One reason for a new trial is a trial judge’s finding that the verdict rendered by the jury…
In Florida, there is a rebuttable presumption that the rear driver caused a rear-ending car accident–that the rear driver’s negligence was the sole proximate cause of a collision. When this rule was put in place, Florida was a contributory negligence state. That meant that when a plaintiff was at all…
As if getting into a car accident and suffering serious injuries weren’t bad enough, some people in Florida find that they are further injured when they go to the hospital to treat their injuries from a car accident. In some cases, the original person or people who caused the accident…
Under Florida common law, a lawsuit that does not have much connection to Florida may be subject to “forum non conveniens,” which is Latin for “inconvenient forum.” It comes up only after a plaintiff is able to effect service of process of a lawsuit on a defendant who is present…
Unfortunately, accidents on the road, whether you’re in a car, scooter, truck or walking around as a pedestrian, are all too common on Florida’s busy streets. One common kind of loss you might experience after a serious accident in which you are injured is lost wages. After an accident you…
Egregious conduct during a Florida personal injury or medical malpractice lawsuit can lead to the court dismissing a case with prejudice. This is an extreme measure that means a plaintiff cannot come back and have a jury hear his or her case. What is egregious conduct? One example is extreme…
Medical malpractice cases in Florida require a plaintiff to prove (1) the standard of care owed by the health care professional, (2) the health care professional’s breach of that standard, and (3) that the breach “proximately caused” the damages claimed. “Proximate cause” in Florida means that the negligence more likely…
In Florida, workers’ compensation is the exclusive remedy an employee has against an employer when he gets hurt in the course and scope of his job, except under very limited circumstances. Sometimes this can seem unfair when an accident is extremely severe. There is, however, an intentional tort exception to…
Florida is a popular destination for tourists who wish to go on a cruise. The last thing anyone wants to worry about while on vacation is getting into an accident while on the boat. However, accidents do happen on cruise ships. Usually cruise ship attorneys are very experienced at defending…
Many Florida health care providers ask patients to sign arbitration agreements before they are treated. These agreements keep medical malpractice cases from going before a jury. A medical malpractice cause of action in Florida is controlled by Chapter 766 of the Florida Statutes, the Medical Malpractice Act (MMA). The MMA…