Although the majority of personal injury lawsuits will end up being resolved via settlement prior to trial, those that do go to court will require that a jury weigh all the relevant evidence and make decisions regarding liability and damages.…
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Tag: DCA
GEICO v. Isaacs – Arguing Against Post-Accident Trial Remittitur
The end of a Florida car accident trial is not necessarily the end of the story. Either side may file a number of post-trial motions, including requests for additur, remittitur or a new trial. An additur is a request to…
Anderson v. Hilton Hotels Corp. – Premises Liability Plaintiff Wins Attorney Fees on Top of $1.7M Damage Award
A man who suffered severe personal injuries when he was attacked by a gunman in a Florida hotel parking lot successfully sued the hotel, the hotel management company, the hotel investment firm and the hotel security provider for $1.7 million.…
Tagged with: Chalik Chalik, DCA, District Court, Embassy Suites, Florida Supreme Court, Hilton Hotels Corp
Sims v. Kia Motors – Expert Witness Testimony Scrutinized in Fatal Crash Case
Last year, there was a record number of automobile recalls – more than 51 million vehicles over 868 separate recalls, according to the National Highway Traffic Safety Administration (NHTSA). So it’s no surprise that the number of product liability claims…
Tagged with: Chalik Chalik, DCA, Fifth Circuit, Florida Supreme Court, Frye Standard, Kia Motors Corp, Kia Soul
Florida Supreme Court: No Arbitration in Nursing Home Injury Lawsuit
The Florida Supreme Court issued a strong opinion recently in a nursing home injury lawsuit in which the defendant sought to drag the case to arbitration, rather than allow plaintiff the right to have their claim heard in a court-of-law.…
Olson v. Florida Living Options Inc. – Nursing Home Arbitration Agreement Challenged
Nursing home arbitration agreements have become the norm in the nursing home admission process. Assisted living and nursing home facilities know that when individuals and families make the decision to place their loved one in a full-time care facility, they…
Safeco Ins. Co. v. Fridman – Proving Wage Loss Damages After Car Accident
When proving damages following a Miami car accident, mere speculation will not be accepted by the courts. One needs to prove in concrete terms: How much plaintiff earned before the crash; How much plaintiff earned after the crash; Whether crash-related…
Allen v. Montalvan – Florida Car Accident Settlement Reversed
Anytime children are parties to a car accident or injury lawsuit, Florida law requires the court to appoint a guardian ad litem to represent the minors’ interests in court before any pre-trial settlement can be approved. The recent case of…
Ochoa v. Koppel – Florida Car Accident Settlement Offer Rules Challenged
In Florida personal injury lawsuits, it is common for one party or the other to issue a proposed settlement offer, pursuant to F.S. 768.79 and Rule 1.442. The statute and rule set a hard, 30-day deadline for the other party…
Tagged with: Chalik Chalik, Corbett Cranes Services, DCA, District Court, Florida Supreme Court, MRI
Coffey-Garcia v. South Miami Hospital – Florida Birth Injury Lawsuit
In Florida, the statute of limitations for medical malpractice cases is two years. However, there are a number of exceptions, and birth injury cases in particular get a fair amount of leeway. The general idea is that discovery of the…
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