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Category: Personal Injury

Suing Multiple Defendants in Florida

Posted in News,Personal Injury on January 31, 2017

If you’ve been in an accident in which multiple defendants are potentially involved in having contributed to your injuries, you may be confused as to how the possibility of multiple defendants being brought into the case affects your various injury claims.  Fortunately, Florida law is rather straightforward with regard to multiple defendants in a personal… read more

Pure Comparative Fault in Florida

Posted in News,Personal Injury on January 27, 2017

Personal injury plaintiffs – particularly those who are unfamiliar with the process of litigation – often find themselves overwhelmed by concerns of fault, liability attribution, and potential damages. For example, a personal injury plaintiff may be worried that he contributed in some way to the accident, and that he is therefore rendered powerless to recover… read more

Lawsuits Against Public Defendants in Florida

Posted in News,Personal Injury on December 30, 2016

If you have been injured by a public employee or due to the acts and omissions of a public entity, you may have a somewhat difficult road ahead of you in recovering for your injuries.  Personal injury lawsuits against Florida public defendants are necessarily limited – and complicated – by the protections afforded to such… read more

Emotional Distress Claims

Posted in News,Personal Injury on December 26, 2016

If you have been injured due to another person’s acts or omissions, then – under Florida law – you are entitled to recover damages to compensate you for your various injuries.  This may include damages for mental anguish, if the circumstances of your case indicate that you have in fact suffered mental anguish. What is… read more

Maximizing Your Settlement Award in a Personal Injury Lawsuit

Posted in News,Personal Injury on December 23, 2016

Negotiating a settlement award is significantly more common than pursuing injury litigation all the way to trial.  In fact, trial litigation is generally considered a last resort in the event that settlement negotiations fall through. Why? The litigation process can be rather time-consuming, expensive, stress-inducing, and uncertain for all parties.  It is plausible that a… read more

Alternative Dispute Resolution in a Personal Injury Lawsuit

Posted in News,Personal Injury on December 19, 2016

Though not always, injury litigation (up to and including trial) has a tendency to be expensive, time-consuming, high-conflict and adversarial, and quite demanding of one’s efforts, particularly if the lawsuit is hard-fought or complicated in various ways (administratively, procedurally, etc.) by the opposition.  Litigation is also inherently uncertain.  You could spend years litigating a case,… read more

Vicarious Liability of Employers in Personal Injury Cases

Posted in News,Personal Injury on November 28, 2016

Not all personal injury cases are straightforward from a strategy perspective.  In many cases, the defendant is not the solely responsible party.  By bringing in additional responsible parties, you can ensure that there are adequate funds necessary to secure your total damages award. For example, suppose that you are injured in a car accident where… read more

Assault and Battery as Personal Injury Claims

Posted in News,Personal Injury on November 21, 2016

In Florida, as well as other states, assault and battery are separate and distinct actions, though popular perception often links them together.  Further contributing to confusion amongst laypeople is the fact that circumstances involving assault and/or battery may form the basis for a civil personal injury claim and not just a criminal prosecution. To put… read more

Pre-Existing Conditions and Their Effects on Claims

Posted in News,Personal Injury on October 31, 2016

In a great many personal injury situations, the plaintiff does not come to the case free of illness and enjoying the benefits of flawless overall health.  Particularly with older plaintiffs, there are often pre-existing conditions that are worsened – or latent conditions that are made visible – following an accident. As a general rule, plaintiffs… read more

If You Signed a Waiver of Liability, Can You Still Sue?

Posted in News,Personal Injury on October 19, 2016

It’s not uncommon to be presented with liability waivers in quite a wide variety of contexts – from theme parks, to recreational activities, and more – defendants routinely make attempts to limit and otherwise circumscribe their potential personal injury liability. For example, a recreational flag football league might require that participants sign a liability waiver… read more