General maritime law provides that a seaman can recover compensation for food, lodging and medical services that arise when injured or taken ill while working on a ship. These forms of compensation must continue through recuperation until the seaman achieves maximum medical recovery. “Maintenance and cure” under general maritime law…
In Florida, you do not have the right to pick your doctor if you file a workers’ compensation claim. Most of the time the insurance carrier picks the doctor. Florida Statutes Section 440.13(2)(f) gives a worker the opportunity to change a physician once during the course of treatment for a…
A recent case arose from a slip and fall that happened in a mall in 2008. The plaintiff had gone to the mall to buy clothes. The owner of the mall had contracted with a company to clean the mall. The plaintiff slipped on clear slippery material on the floor.…
Recently, a Florida plaintiff’s daughter posted a status update on her father’s settlement. It proved to be a terrible error in judgment. The father had been a headmaster whose contract was not renewed. He sued his former employer in federal court and won an $80,000 settlement. The agreement included a…
In a recent case, a Florida appellate court considered whether a medical malpractice case was appropriate in the case of a suicide where the woman was being treated for depression. The woman’s husband brought the lawsuit. The woman had a history of depression and was taking Prozac before she was…
In a recent case, a Florida appellate court considered a tragic shooting incident whereby a couple’s 35-year-old son Paul shot and killed his family members at Thanksgiving. Sixteen family members were in attendance. The couple attended every year, but their son didn’t. In fact, the year before, the host had…
Judicial estoppel in Florida may be found where a party has previously maintained an inconsistent claim or position as a preliminary matter or part of a final disposition in a judicial proceeding. A party is “estopped” from maintaining the later inconsistent position. In a recent case, a Florida husband and…
In a recent case, a Florida appellate court considered a personal injury case in which it was alleged the plaintiff had committed a fraud upon the court. The plaintiff had sued the defendant after a car crash in January 2010, claiming injuries to his neck and back. He had a…
Roll-over cases in Florida involving both negligent driving and product defects can be complex and challenging because different standards apply to different aspects of the case. In a 2012 case, a woman tried to recover damages for injuries she suffered in a car accident. She had been hurt in a…
Boating for recreation is common in Florida. If an accident arises while boating, what law applies? Whether maritime law applies depends upon the body of water involved. In a 2009 case a personal representative of a decedent’s estate brought a lawsuit for personal injuries sustained by the decedent in a…