Individuals seriously injured through the negligence of others often require medical care and treatment long after the case is resolved. Settlements and jury verdicts must take these future medical expenses into account. Some individuals harmed through the negligence of others are eligible for medical care through governmental or charitable services…
For-profit insurance companies enjoy privileges in Florida not afforded individuals and other commercial activities. It is little wonder they profit so handsomely. In turn, their wealth allows them to exercise ever greater control over politicians, the courts, and the psyche of the people. It’s an ugly picture. Negligence In the…
Any cause of action, or lawsuit, arising in Florida from the death of an individual caused by the wrongful act or negligence of any person or entity is controlled by the “Florida Wrongful Death Act” (Sections 768.16-768.26). This blog describes some key wrongful death claim considerations. Statute of Limitations: Florida…
While personal injury litigation in Florida courts is not supposed to be a game of “gotcha,” or trial by ambush, Surf Drugs, Inc. v. Vermette, 236 So.108, 111 Fla.1970,” unless attorneys pay careful attention, it can happen in their cases. One of the ripest areas for this gamesmanship to occur…
Expert testimony plays a major role in almost every civil and criminal legal case. In Florida state courts expert testimony is governed by sections 90.702-90.706, Florida Statutes. The goal of the statutes is to insure fairness and impartiality in the trial of cases. The standard for when expert testimony is…
Federal law, Title VII of the Civil Rights Act of 1964 (Title VII) — see 42 U.S.C. Section 2000e et seq.; 42 U.S.C. Section 2000e-2 — expressly forbids sex discrimination on the basis of pregnancy. Florida’s discrimination statute, the Florida Civil Rights Act of 1992, does not. See Fla. Stat.…
Individuals in Florida under 18 years of age, considered minors, do not have the legal capacity to settle personal injury claims or control the settlement proceeds. Minors are typically represented in their cases by one or both parents, who, by operation of law, are their legal guardians. In the absence…
Medical bills are a strong measure of injuries and future expenses. However, due to insurance and governmental (e.g., Medicare) discounts, bills are rarely paid in full. Where the medical provider is prohibited, by contract or law, from balance billing, Plaintiffs and Defendants contest which medical expenses, the full charges or…
Securing the payment of medical expenses is one of the main responsibilities of Personal Injury attorneys. At trial, Plaintiffs must prove (1) that charges are for treatment for injuries at issue in a lawsuit, as opposed to treatment for some other condition, and (2) the charges are reasonable and necessary.…
Our law firm and Domnick & Shevin PL, represent a Disney bus driver who was severely injured in a March 2010 crash with a Mears Transportation Group motor coach near the vehicle entrance to Epcot. He was airlifted to Orlando Regional Medical Center after being pried from the driver’s seat…