When you are hurt in an accident and want to seek compensation from the responsible person or entity, you will typically file a claim under an auto, business, property, or other insurance policy. Because the nature of your injuries is a key factor in getting monetary damages, you can expect…
If you have been injured, you are likely wondering what you should do next? Should you speak with an attorney now or later? Should you try and handle the claim on your own? Should you focus on healing and not worry about trying to bring a legal claim in court…
Does the term collateral sources seem interesting? Probably not, and it probably sounds like a term that has absolutely nothing to do with getting recovery from a negligent party for your injuries. But in fact, collateral sources can directly affect the amount that you receive from a jury verdict in…
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…
In a personal injury action, under Florida law a Plaintiff must show the elements of 1.) Duty 2.) Breach 3.) Causation, and 4.) Damages. When we are injured by the negligence of another, especially when we are injured on the premises or property of a business, it’s common to think…
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…
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…
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 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…
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…