In most Florida personal injury cases, the judge’s role is to determine which evidence is admissible at trial, rule on any objections that are made during the course of the trial, and ultimately instruct the jury on the relevant law after the parties have rested. Judges also are responsible for…
South Florida Personal Injury Lawyers Blog
Failure to Raise an Issue at Trial May Prevent Appellate Review in Florida Personal Injury Cases
As is often the case in many of life’s endeavors, preparation is crucial to the outcome of a Florida personal injury case. While this is true across the board – from the moment the case is filed to when the jury returns a verdict – preparation is especially important when…
Florida’s Recreational Use Statute
When someone is injured on the property of another party due to some defect or hazard on the property, they may file a South Florida premises liability lawsuit against the landowner, seeking compensation for their injuries. In general, landowners owe a duty of care to most people who enter their…
Plaintiff Unintentionally Excuses Defendant in Slip-and-Fall Case
A large number of Florida premises liability cases are resolved through pre-trial settlement negotiations. Indeed, settling a personal injury case is preferable for many plaintiffs, who do not want to risk taking the case to trial, which may result in a defense verdict or an inadequate award amount. However, settlement…
State Court Rejects Risk-Utility Test in Product Liability Case Against Auto Manufacturer
When courts consider a product liability lawsuit, they will instruct the jury on one of two available tests to determine whether the plaintiff has established their case against the defendant manufacturer. In Florida, courts use the consumer-expectation test to evaluate a plaintiff’s Florida product liability claim.The consumer-expectation test is fairly…
Punitive Damages in Florida Personal Injury Cases
When someone is injured due to the negligent or intentional conduct of another person, the victim is entitled to file a Florida personal injury claim against the person or people they believe to be responsible for their injuries. If successful, an accident victim can recover compensation for their injuries.Compensation awards…
Florida Rollerblade Injury Case Dismissed Under Recreational Immunity Statute
Florida landowners generally have a duty to make sure that their property is safe to those whom they invite onto their property. If a landowner, including a business or government entity, fails to maintain their property, and someone is injured as a result, the injured party may be able to…
Plaintiff Injured by Fallen Tree Permitted to Proceed with Case Against Property Owner
Earlier this month, an appellate court in Georgia issued a written opinion in a premises liability lawsuit brought by a woman who was injured when a fallen tree struck her in the apartment complex where she lived. The case presented the court with the opportunity to determine whether the plaintiff’s…
Nursing Home Claims Privilege in Face of Plaintiff’s Discovery Request
When a South Florida nursing home abuse or neglect case is filed, the parties must exchange certain requested materials before the case is scheduled for trial. This is called the pre-trial discovery process, and it is an opportunity for both sides to learn a little more about the other’s case.In…
Appellate Court Reinstates Plaintiff’s Case Against Insurance Company of Bankrupt Driver
After a driver is involved in a South Florida car accident, they will likely make a claim with the at-fault driver’s insurance company, seeking compensation for the damages they sustained in the accident. In the event that the at-fault driver does not have insurance or does not have adequate insurance,…