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: Florida Supreme Court
Physicians’ group asks Florida Supreme Court to reconsider medical malpractice case
A doctors’ group has requested that the Florida Supreme Court reconsider its rejection of an arbitration agreement in a lawsuit involving medical malpractice. The request was filed by attorneys for physician Eileen Hernandez and Women’s Care Florida LLC, approximately two…
Report: MD Bus Driver in Fatal Crash Took Seizure Medication
In traffic accident lawsuits, there is a defense that relies on the “sudden emergency doctrine.” It is a legal theory that recognizes those who are facing a sudden emergency should not be held to the same standard of care as…
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.…
Court: Companies Can’t Dictate Own Rules for Worker Injuries
After years of workers’ compensation reforms around the country peeling back protections for injured workers – including in Florida – there have been a number of recent decisions by courts that have had enough. Many of the reforms enacted by…
Benda v. Catholic Diocese of Salt Lake City – Filial Loss of Consortium Claim Allowed
In any type of personal injury lawsuit, there are many different kinds of damages that may be owed to the injured person. These might include claims for compensation of medical bills, lost wages, pain and suffering or loss of life…
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…
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
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