Tag: wrongful-death
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How much time do I have to file a lawsuit against the parties who are legally accountable for my personal injuries?
How much time do I have after my injury or attack before I need to initiate legal proceedings? How much time do I have to file a personal injury claim in Florida after my car accident? If you have suffered injury following a car accident, under Florida law, you are granted a period of four…
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What is the time limit set by law for filing a personal injury lawsuit?
What is the time limit for initiating a personal injury case? In the state of Florida, the period within which you must file most personal injury cases is two years starting from the occurrence. It is essential to seek advice from a legal professional at the earliest opportunity, as any delays may affect the strength…
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Changes to Florida Law for Personal Injury Cases
– Florida law restricts recovery of future medical expenses to those expenses “reasonably certain” to be incurred. – Evidence must be provided to support that future medical services are reasonably certain to occur. – Awarding damages for future medical expenses cannot be based on the mere possibility of obtaining certain treatment in the future. –…
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Florida Passes New Laws to Limit Lawsuits and Insurance Claim Disputes
– Florida has replaced its system of pure comparative negligence with a modified comparative negligence regime. – The statute of limitations for general negligence actions has been shortened from four years to two years. – The standard for bad-faith insurance claims has been amended. – The bill outlines the evidence that a factfinder should consider…
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Florida Makes Changes to Lawsuits for Big Payments for Injured People and Their Lawyers
1. House Bill 837 was signed by Florida Governor Ron DeSantis to decrease frivolous lawsuits and prevent predatory practices of trial attorneys. 2. A record number of 280,122 cases were filed in March 2023, 126.9% higher than the previous record set in May 2021. 3. The bill repeals section 627.428, Florida Statutes, which provided for…
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How Lawyers in Florida Get Paid for Lawsuits
– In Florida, attorneys’ fees in lawsuits are generally paid by each party, unless a statute or contract says otherwise. – In contract disputes, the prevailing party can recover attorneys’ fees and costs from the non-prevailing party, even if the contract doesn’t mention it. – If a plaintiff wins a discrimination lawsuit in Florida, they…
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“Changes to Florida Medical Laws to Protect Patients: What You Need to Know”
– HB 837 replaces Florida’s pure comparative fault system with a modified comparative fault system. – Under the new system, claimants found to be at least 51% liable for an incident cannot seek reparation from the other party. Uniformity in Proving Damages for Medical Expenses – The legislation establishes a uniform evidentiary threshold for proving…
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Liability for Drowning in a Swimming Pool: Who is Responsible?
– The property owner is legally responsible for any injuries or death due to negligence in a swimming pool. – Pool owners have a duty of care to maintain and operate the pool properly, as well as provide adequate supervision. – To prove a lawsuit, it must be shown that the property owner owed a…
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Changes to Florida’s Shared Fault Law: What High School Students Should Know
– Governor Ron DeSantis signed a tort reform bill, HB 837, into law on March 24, 2023. – The bill brings sweeping changes to Florida civil tort law, including a shift from pure to modified comparative negligence. – Comparative negligence allows for damages to be awarded based on the degree of fault of the plaintiff…
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“Winning a Wrongful Death Case: Legal Requirements”
– Wrongful death in Florida is defined as occurring when a person or entity causes another person’s death by a wrongful act or negligence. – Only the personal representative of the deceased person’s estate is allowed to file a wrongful death claim in civil court in Florida. – Surviving family members may be able to…