According to CNBC, the United States Department of Justice (DOJ) uncovered a $1 Billion scheme to defraud Medicare and Medicaid. As a consequence of this investigation the owner of more than 30 Miami-area nursing homes, Philip Esformes, was indicted by a federal grand jury in July of 2016. The DOJ…
The statute of limitations is the time limit when a lawsuit must be filed. After that time expires, a lawsuit cannot be filed, and a victim will be forever barred from recovery for injuries. In many injury cases, the statute of limitations (SOL) won’t be an issue—hopefully, a victim will…
Even injury cases that seem like “slam dunks,” or “easy” cases, can have complex issues, that could prevent someone catastrophically injured from recovering at trial. No case should be seen as easy, even when facts seem to look like they go in a victim’s favor. A recent case demonstrates how…
We often hear about punitive damages in movies or on TV. It seems easy to get them, if you believe Hollywood’s interpretation of punitive damages. But in Florida, punitive damages are not easy to get, and there is even a special statute that dictates when and how punitive damages can…
The sad fact is that in many catastrophic accidents in death results. When there is a death, it is left to the estate of the deceased to pursue any claims against third parties. But there are still certain areas where the right of an estate to bring a claim is…
When someone is injured, we normally think of suing a person or a company whose negligence was responsible for our injuries. But if you learned that ghosts—or, more legally proper, “phantoms”—could be responsible for injuries, you’d probably think we were joking. But phantom defendants are far from funny. In fact,…
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…
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…
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…
When a personal injury case goes to trial, many attorneys are prepared for the trial itself. They may line up witnesses, prepare evidence, and have a good working knowledge of trial rules. But many attorneys don’t realize how important it is to not only understand the rules of evidence at…