South Florida Injury Attorney Blog
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Biologist preparing cryopreserved samples for IVF

Generally, there are two types of damages available in personal injury cases:  economic damages and noneconomic damages. Economic damages compensate an injured person for things like lost wages, property damage, and medical expenses. Noneconomic damages provide remediation for pain and suffering, loss of consortium, and similar losses.

Several years ago, the Florida legislature passed a statute that placed a cap on noneconomic damages in medical malpractice cases. Recently, the statute supreme court was called upon to determine whether the cap could be applied retroactively.

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Ladders for siding work

Most lawsuits settle out of court. There are many reasons for this, but one of the main incentives for a settlement is so that the parties can put the matter behind them and move on with their lives. It’s no secret that jury trials can lead to appeals and that appeals can delay a resolution to the issues for months or maybe even years.

In the case of Coba v. Tricam Industries, Inc., the state’s highest court was called upon to determine whether a trial court and an intermediate appellate court had properly addressed a jury’s allegedly inconsistent verdict in a product liability lawsuit brought by the personal representative of a man who fell to his death from a 13-foot aluminum ladder. The woman’s complaint against the defendants, the manufacturer and seller of the ladder, alleged both strict product liability and negligence.

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Florida premises liability law requires that the owners and managers of businesses maintain their establishments in a reasonably safe condition. If this does not happen, a person who is injured on the property may bring a lawsuit seeking financial compensation for medical bills, lost wages, and other damages.

When someone brings suit to recover damages for injuries sustained in an accident arising from allegedly unsafe conditions on business property, some in the legal community refer to it as a “slip and fall” case. In Florida, there are several statutory requirements that must be met in order for such a case to be successful. The District Court of Appeal for the Fourth District of Florida recently ruled that a particular woman’s case failed under statutory law.

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A femal doctor or nurse checking the blood pressure of a patientAfter an injured person has finished his or her medical treatment following a car accident, he or she may be asked to submit to further examination by a so-called “independent” medical examiner.

A recent appellate case explored the rules of discovery as they pertain to an injured person’s inquiry into how often a particular doctor sees patients at the request of the plaintiff’s insurance company or the law firm that represents the insurer.

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car crash2It is often said that there are two sides to every story. One of the reasons that we have jury trials is to determine which side is correct. The rules of evidence determine which evidence the jury gets to hear and which is excluded. The trial judgment makes these determinations based on motions filed by each party in a lawsuit. If a party is dissatisfied with the trial judge’s decision, he or she may appeal the decision to the court of appeals.

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LawThe settlement of lawsuits is encouraged under Florida law, so much so that the so-called “Florida Settlement Rule” states that a party who refuses a settlement offer can be held liable for the attorney fees and costs incurred by the maker of the offer if the maker is successful at trial. Of course, there are many stipulations that come with the rule, and the issue of whether or not the rule was complied with is a frequent source of litigation in and of itself.

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coinsFlorida is what is known as a “pure comparative negligence” state. This means that a party’s recovery in a lawsuit can be reduced in proportion to the party’s own fault. This and other issues were discussed in a recent case handed down by the District Court of Appeal for the Fourth District of Florida.

In the case of Jones v. Alayon, the plaintiff was the daughter and personal representative of the estate of a man who had died in a car accident. In the accident, the man’s car was struck from behind, causing him to hit a guardrail, overturn his car, and be ejected. It was unclear whether the man was killed when he initially hit the pavement or when he was hit by other cars shortly thereafter. The defendant in the case was an off-duty policeman who fled the scene and told authorities that his car had been stolen. He later admitted that he had been dishonest and, at the time of trial, was in jail on charges pertaining to the accident.

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cigaretteCivil lawsuits involving personal injuries are subject to a time limit, or “statute of limitations,” for filing. This time period usually begins to run on the date that a person is injured or killed due to the negligent, reckless, or intentional conduct of another person or a business. Some actions are also subject to a “statute of repose,” which may place additional time restrictions on the filing of a lawsuit. The applicability of the statute of repose for fraud was at issue in the recent case of Hess v. Philip Morris USA, Inc.

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traffic lightIn a recent case, the District Court of Appeal for the Fourth District was called upon to determine whether a company that negligently designed a traffic signal, thereby causing a man’s death, could rely upon the 1959 case of Slavin v. Kay, which held that a contractor is not liable for patent defects after acceptance of a construction project by the owner.

Facts of the Case

In the case of McIntosh v. Progressive Design and Engineering, Inc., the plaintiff’s father was killed in an automobile accident. According to the plaintiff, the accident happened because the father was relying on a traffic signal that indicated it was safe for him to exit a mobile home park, even though a truck was approaching from a cross-street. The plaintiff sued the company that designed the traffic signals for the intersection, alleging that it had negligently designed the signals in a manner that caused his father to overlook the traffic control signal meant for the mobile home park and, instead, rely on a signal that was meant for traffic farther down the street.

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bikeDefective products are everywhere. It seems like there is a new recall announcement concerning a car, truck, or SUV every week. It’s enough to make one consider alternative transportation. Unfortunately, those other forms of transportation – particularly bicycles with carbon fiber forks – may not be safe either.

In the case of Trek Bicycle Corporation v. Miguelez, the plaintiff was a man who had an accident on the Rickenbacker causeway while riding his newly purchased Trek road bike on the shoulder of the road. According to the plaintiff, the bike stopped abruptly, causing him to fall and hurt his face, jaw, and shoulder. After looking at the bike, it was the plaintiff’s belief that an object had ended up caught in the rotating spokes of the front wheel, then hit the front carbon fiber forks’ back sides; this caused the wheel to stop rotating. The object then hit the front forks, cracking them and causing them to buckle and the bike to collapse.

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