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Tag: personal-injury

  • The New Scope of Florida’s Water Quality Assurance Act

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    The Water Quality Assurance Act in Florida prohibits the discharge of pollutants into the water and provides a way for people to sue for damages if there has been an unauthorized discharge. Recently, there have been some court cases and attempts by the Florida Legislature to change the law. The Water Quality Assurance Act (WQAA)…

  • The Debate Continues on Whether to Remand Family Law Cases with Inadequate Findings

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    In 2001, the Third District Court of Appeal decided a case called Broadfoot v. Broadfoot, where they said that in family law cases, you can’t complain about a judge not making factual findings unless you asked the judge to do so first. Then in 2004, the Fifth District followed this rule in a case called…

  • Don’t Waive Your Appeal: A Guide to Preserving Trial Error

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    The article discusses how lawyers can avoid losing their cases on appeal by making sure they preserve their arguments properly during trial. It’s important for lawyers to know the different ways to do this, so they don’t miss out on the chance to have their case heard in appellate court. In order to preserve issues…

  • Order in the Courts: The Ongoing Challenge of Safeguarding Against Frivolity and Extortion

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    Florida lawyers are not allowed to file lawsuits or appeals that are baseless or not supported by the law. There are rules and regulations in place to discourage this kind of behavior, and lawyers who file frivolous actions can face sanctions such as being reprimanded, having their case dismissed, or being ordered to pay the…

  • Can It Be Done? Evaluating Judicial Authority to Expand the PFS Acceptance Period

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    When negotiating a settlement in a case, timing is really important. If one party makes a settlement offer and the other party doesn’t accept it within 30 days, they might have to pay the other party’s legal fees if the court case ends with a judgment that’s a lot worse than the original offer. There’s…

  • Certiorari Review of Orders Denying Discovery in Civil Cases, Part I

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    The district courts of appeal generally don’t have the power to review orders denying discovery, unless the denial really hurts a party’s case. There’s a rare exception when the denial of discovery makes it nearly impossible for a party to prove their claim or defense. I’ve looked at a lot of court cases about this…

  • If the Stud’s a Dud and Other Horse Tales: Mediation of Equine Law Disputes May Be Your Best Bet

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    Florida is a great place for horses and horse lovers. The equine industry is a big part of the state’s economy, with lots of different activities like breeding, racing, and showing. There are a lot of horses in the state, and they bring in a lot of money. But sometimes things can go wrong in…

  • Why seek advice from a lawyer in a case involving personal injury from an accident?

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    Following an accident, it is vital that you seek advice from a lawyer to safeguard your rights. There are numerous significant intricacies that can prevent or restrict your compensation. The insurance company will not inform you of these, but your lawyer will.

  • What does it mean to be an invited person?

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    When an individual sustains injuries on someone else’s property, the responsibility of the property owner to exercise care varies depending on the status of the victim on that property. An invited person refers to someone who is present on the property because the owner extended an invitation. For instance, the proprietor of a retail establishment…

  • What is a case of negligence in property maintenance?

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    If you are a property owner in the city of Port City, you have a responsibility to ensure the safety of individuals visiting your property by maintaining it properly. Failure to do so could result in a lawsuit for negligent property maintenance. As a property owner, it is legally incumbent upon you to maintain your…

  • What is a burn case?

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    When an individual sustains burns in a specific accident, the aftermath can be tremendously difficult. The severity of the burn determines the duration of medical care, the time required for the person to return to work, and the potential negative impact on their daily life. When a person experiences burns due to someone else’s negligence…

  • What is a Licensee?

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    Under the terms of premise liability law, a licensee is an individual who has permission to be on someone else’s property. The person is on the property with the consent of the owner. A licensee may visit the property for purposes other than conducting business. For instance, a person may organize a gathering at their…

  • What are some of the most common types of injuries sustained in car accidents?

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    The following are some of the most common types of injuries sustained in car accidents: 1. Whiplash: This is a soft tissue injury that occurs when the head jerks back and forth forcefully, causing strain on the neck. 2. Broken bones: Car accidents can lead to fractures in various parts of the body, such as…

  • What Constitutes an Unintentional Fatality Claim?

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    The passing of a cherished individual is perpetually distressing, but it can be even more harrowing to discover that the demise was avoidable. Accidental fatalities that stem from someone’s carelessness can bring forth an unintentional fatality claim in the state of Florida. These categories of personal injury claims enable surviving relatives to pursue recompense and…

  • What if I already had an injury prior to the incident?

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    You may still have options to pursue a personal injury claim, even if the accident exacerbated your existing injury. A legal professional specializing in personal injury cases can assess your circumstances and provide guidance on your next steps.

  • What if I played a role in causing the accident?

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    If you played a role in the accident in some states, you could still be eligible to make a claim. A legal professional specializing in personal injury cases can assess your situation and provide guidance on the next steps to take.

  • How much time do I have to initiate a claim or lawsuit?

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    The time limits for bringing a claim or lawsuit differ in Florida based on the nature of the case you wish to file. For instance, personal injury claims typically must be filed within four years from the date of the injury or accident. However, medical malpractice claims may have a more restrictive time frame of…

  • What determines if the person is at fault?

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    The answer varies, as it depends on the type of Personal Injury case. The plaintiff has the burden of proof in any PI case, to establish all the elements of their claim. The elements would at a minimum include duty, breach, causation, and damages. The standard of proof in any civil case (including PI cases)…

  • What is the procedure for replacing attorneys during the course of my lawsuit?

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    In a personal injury case, it is always within your rights to replace attorneys at any stage. Depending on your progress, there may be a fee associated with the switch. The initial step involves locating a new attorney who is willing to handle your case. Once you have secured an appropriate replacement, you must hold…

  • What Types of Damages Can I Seek in a Personal Injury Claim After a Bicycle Accident?

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    The damages you can pursue in a bicycle accident injury claim will depend on your specific circumstances and the losses you have suffered. Here are some examples of compensable losses in personal injury claims: 1. Loss of Income: If you had to take time off work immediately after the bike collision, you can include the…

  • Why is it necessary to hire an attorney to represent me?

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    Whether you have a personal injury claim or a workers’ compensation claim, chances are you are not familiar with the insurance claims process. You may not be aware of the extent of your rights and your legal obligations. Even if you have knowledge about insurance claims, you have nothing to lose and everything to gain…

  • What type of monetary recovery can I expect to receive?

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    A person who files a personal injury lawsuit could receive compensation for a variety of injuries that are collectively referred to as “damages”. The recovery can include compensation for past medical bills, future medical bills that you are fairly certain to incur, past lost wages, future loss of earning capacity, and past and future amounts…

  • What is the meaning of “med-pay”?

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    Med-pay refers to a sum of insurance funds provided to assist with medical expenses during the progress of your case towards some form of settlement. Different levels of coverage can be obtained, and it is advisable not to forgo this type of protection. Med-pay covers healthcare costs that exceed those covered by personal injury policies.…

  • How much will it cost to hire a legal representative for my case?

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    The lawyer will meet with you at your initial consultation in an effort to determine how complicated your particular case is. At the conclusion of the initial consultation, the lawyer will advise you as to their requested retainer. All personal injury cases are taken on a contingency fee basis. This means that you do not…