Recently, the First District Court of Appeal in Florida issued an opinion in an appeal involving claims from a teacher who suffered injuries after falling in a classroom where he worked. According to the record, the teacher sustained injuries after losing his balance because his leg fell asleep. The judge…
South Florida Personal Injury Lawyers Blog
Florida Court Finds Willfully Serving Minors Amounts to Intentional Misconduct
The First District Court of Appeal recently issued an opinion addressing the apportionment of liability stemming from a Florida pedestrian accident. According to the court’s opinion, the underage driver worked at a bar where he received a 50% discount on drinks. After drinking at his place of employment, he drove…
Fee-Related Disputes Under Florida’s Workers’ Compensation Statute
Recently, an appeals court issued a decision in a Florida workers’ compensation case where the Employer appealed the Judge of Compensation Claims (JCC) order. In this case, the E/C granted the employee/claimant’s request for a one-time physician change. The E/C agreed and scheduled the Claimant with a new physician. The…
The Rights of a Good Samaritan Injured in a Florida Car Accident
Florida Statutes section 768.13 governs Florida’s “Good Samaritan Act,” which provides protection from liability to those acting in good faith while rendering emergency care in an emergency situation. The Good Samaritan Act stems from a public policy view that encourages bystanders to aid in emergencies without the fear of liability.…
What Is the Discretionary Planning Function Under Florida Personal Injury Law?
Florida Statutes Section 768.28 partially waives a governmental entity’s sovereign immunity protections. However, the waiver only applies in cases stemming from a governmental entity’s operational functions and not discretionary planning-level functions. Recently, an appeals court issued a decision addressing a negligence claim involving the government’s discretionary actions. A plaintiff filed…
Florida Car Accidents Involving Swerving and Failing to Maintain Lanes
According to the World Health Organization, motor vehicle collisions cause more than 1.2 million fatal injuries worldwide and even more non-fatal injuries. Various factors contribute to or exacerbate the severity of a Florida accident. While the causes of Florida accidents are complex, most originate from negligence. Amongst younger motorists, inexperience,…
Pre-Suit Requirements for Florida Medical Malpractice Lawsuits
The Third District Court of Appeal in Florida recently issued an opinion in a defendant’s motion to dismiss a complaint. The plaintiff in the matter filed a lawsuit for injuries he suffered when a surgical table collapsed underneath him while he was preparing to undergo eye surgery. The victim argued…
Florida Auto Accidents with Police Vehicles
Generally, Florida personal injury lawsuits follow a clear pattern; however, cases involving governmental entities present additional challenges and burdens. Pursuing lawsuits and collecting damages after an accident with a governmental entity or vehicle requires a comprehensive understanding of complex negligence laws. Unlike other states, but for three primary exceptions, Florida…
Fatal Florida Accidents Involving T-Bone Collisions
T-Bone or side collisions refer to situations where the front of one vehicle collides into the side of another vehicle. Florida broadside accidents tend to happen at intersections, parking lots, or in situations where one driver fails to stop at a red light or stop sign. These accidents are more…
Florida Lane-Change Accidents Involving Large Trucks
Florida lane change accidents refer to instances when a driver leaves their travel lane without a clear path to enter another lane. According to research by the International Association of Traffic and Safety Sciences and AAA Foundation, many factors contribute to lane change accidents. The most severe lane change accidents…