We often think that in lawsuits of any kind, including injury cases, that attorneys’ fees are automatically awarded to the prevailing party. But in our system, attorneys’ fees are only awarded where there is a contract or statute providing for them. In ordinary negligence cases, there is no provision for…
We’ve written in the past about the importance of understanding what kind of cases are medical malpractice, and what kind are general negligence or products liability. A recent case has again discussed the difference, this time in a products liability context. Why The Difference Matters The difference is important because…
If you are injured because of the negligence of another, you may begin to analyze your case with the more obvious aspects of an injury lawsuit. Was someone negligent? How? Were you injured? How badly? But often overlooked is the issue of collectability. Collectability is your ability to collect a…
In many personal injury cases, a negligent defendant will be in possession of crucial evidence, often for a long period of time before it has to be turned over. This may include a product that allegedly malfunctioned, witness reports, or photos of an accident scene. You may wonder what is…
If you are involved in a car accident, piecing what happened together can be difficult where there are disputed versions of how the accident occurred. Common sense may tell you that one crucial piece of evidence or testimony comes from the actual police officer that investigated the accident, especially if…
In any injury lawsuit involving a corporation, taking depositions of officers of the negligent party is an essential part of winning a case. As you may imagine, most defendants are not crazy about having their employees and officers sit for deposition. But a new case makes the process much easier,…
If you have been injured as a result of someone else’s negligence, it’s likely that you can find an attorney to take your case, regardless of your financial situation. That’s because unlike many areas, in personal injury, attorneys are often paid on contingency. That means that you don’t pay them…
If you are in an accident, and sue for your injuries, your case may not get to trial. In fact, few do. Many settle out of court, and when they do, there are settlement agreements to consider. In many cases, a settlement agreement may be exchanged early in the lawsuit…
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…
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…