Usually when the Florida Supreme Court adopts new procedural rules, they are of most concern to attorneys, and don’t have as much impact on injured individuals. The rules are procedural, and usually dictate how the lawyer must practice. But the Florida Supreme Court has adopted a change to Florida’s appellate…
Miami Accident Lawyer Blog
Tragic Murder Tests the Boundaries of Liability for the Actions of Family Members
Many families in Florida admirably and nobly care for children with mental disabilities, even into the child’s adulthood. Doing so can be a huge obligation, financially and emotionally. Many of those children may have disabilities that make them dangerous. What responsibility does a parent of a dangerous adult child have…
Can You Tell Your Family About an Injury Settlement? Maybe Not…
If you are injured and file a lawsuit for damages, in many cases, the other side may settle with you before a trial is needed. In return for paying you damages for your injuries, the negligent party often may want a confidentiality provision in your settlement agreement. A case from…
Forced Arbitration in Medical Malpractice Cases Could Take Away Your Right to a Jury
If you are injured as a result of medical malpractice, you probably have the expectation that you’ll get your day in court, the chance to tell your story to a jury of your peers, and the opportunity to confront those who have wronged you. More and more, however, doctors are…
Private Cell Phone Data May be Discoverable in Litigation
In disputed injury cases, getting evidence that may be difficult to obtain can be the difference between winning and losing. When we think of evidence, we often think of witnesses and medical records and maybe even video camera recordings. But we often don’t think of cell phone records as evidence…
How to Deal With “Pre-Existing” Injuries or Ailments
If you are injured in an accident, it is very possible that it may not be the first injury you’ve ever sustained. As we go throughout our lives, and our body ages, we may well have medical problems, whether they are related or not to negligence. But those prior injuries…
The Privacy Concerns in Getting Witness Information
In all kinds of cases, witnesses can provide vital information that can lead a jury to enter a verdict for damages in favor of an injured person. Witness information is of particular importance where facts are disputed. A single witness, especially neutral witnesses with no stake in the outcome, can…
Court Allows Victims to Recover Even if a Condition is Open and Obvious
If you are injured in a fall on a business owner’s premises, a crucial question will be whether the dangerous condition was “open and obvious” to you. The open and obvious doctrine can be a difficult hurdle to overcome for injured victims seeking damages for their injuries, but a case…
Pedestrian Accidents are More Complex Than They May Seem
When a car hits a pedestrian, it’s no wonder that there is often very serious injury that results. On one side are tons of steel barreling at significant speeds. On the other side, is a soft, slow, and vulnerable human body, which may not even see the accident coming. The…
Line Between Medical Malpractice and Ordinary Negligence is Not Always so Clear
Florida law has a very complex and often expensive pre-suit process for anyone who seeks to sue for medical malpractice. The pre-suit requirements are mandatory, and must be strictly complied with. But in many cases, it may not be so clear whether an injury was caused by medical malpractice or…