Like most other personal injury cases, Florida slip-and-fall claims are brought under the theory of negligence. Thus, to succeed in a slip-and-fall case, a plaintiff must be able to establish that the owner or lessee of the property where their fall occurred had knowledge that the hazard existed. A recent…
When someone is injured on the job, they can typically file a claim for compensation based on the injuries they sustained. There are two types of claims, Florida workers’ compensation claims and Florida personal injury claims. A workers’ compensation claim does not require an employee establish another party was at…
Workers’ compensation cases do not necessarily end when a claimant receives a decision in the case. Employers that originally agreed to pay for treatment may try to stop paying for treatment at some point. In a recent case before a Florida appeals court, the court rejected an employer’s termination of…
Last month, a state appellate court issued an opinion in a Florida motorcycle accident case discussing the “drug and alcohol defense” which, in certain situations, can completely preclude a plaintiff’s ability to recover for their injuries after a serious accident. Under Florida’ comparative fault system, even a plaintiff who is…
When someone is injured in a Florida workplace accident and cannot immediately return to work, they may be entitled to Florida workers’ compensation benefits while they are recovering from their injuries. There are two types of temporary workers’ compensation benefits: temporary partial disability (TPD) benefits and temporary total disability (TTD)…
When someone is injured due to another’s negligent actions, they can pursue a claim for compensation through a Florida personal injury lawsuit. Depending on the type of accident, the extent of the plaintiff’s injuries, and the defendant’s conduct that gave rise to plaintiff’s injuries, there are various types of damages…
Earlier this month, a state appellate court issued a written opinion in a Florida car accident case discussing whether the plaintiff’s claim that her insurance company acted in bad faith should be permitted to proceed towards trial. Ultimately, the court held that although the insurance company eventually made payment under…
When someone is killed due to the negligence of another person or entity, the Florida wrongful death statute allows for the surviving loved ones of the deceased to pursue a claim for compensation against the at-fault parties. Under Florida Statutes section 768.18, these claims are generally brought for the benefit of…
Frequently, this blog discusses cases involving a landowner’s duty to keep their property in a reasonably safe condition, or to warn visitors of known hazards. Most often, the dangers we refer to in these cases involve some defect with the property itself. However, Florida premises liability cases are not limited…
Typically, when a Florida car accident victim files a case against another driver, they must establish that the defendant’s conduct was negligent and that their negligence caused the plaintiff’s injuries. However, under certain circumstances, the law imposes what is called a presumption of negligence. A “presumption” allows for a judge…