Most people are surprised to learn that most hospital emergency room physicians are not hospital employees. Instead, they are independent contractors. “An independent contractor is a natural person, business, or corporation that provides goods or services to another entity under terms specified in a contract or within a verbal agreement.…
By amending §768.81 Florida Statues, the Florida Legislature eliminated, effective 2006, the application of joint and several liability in most personal injury cases. Under the joint and several doctrine, in cases involving multiple defendants each negligent defendant was wholly responsible financially for the negligence of every other defendant. This concept…
In 1935, Florida first enacted a workers’ compensation system for the state’s employers and employees. The idea was to provide a greater degree of fairness and certainty for each. The primary advantage for employers was the immunity from most personal injury lawsuits, making it easier to anticipate expenses, while employees…
There was a time when few personal injury lawyers gave a moments thought to satisfying liens when wrapping up personal injury cases. Medicare liens, most especially. Woe is the fate of the personal injury lawyer who operates that way today. Medicare is a federal program that provides medical insurance to…
Se difisil pou konprann kiles ki ka kalifye pou konpansasyon anba “Lalwa Sivivan Lanmò Abizif nan Florid,” seksyon 768.16 jiska 768.26; se tankou konplete yon devinèt. Anba gen yon tablo ki fasil a konprann ki montre enfòmasyon sa a epi ki kalite konpansasyon ki ka disponib. En patikilye, seksyon 768.21…
Moun ki andomaje nan travay ap fè fas ak yon gwo pwoblèm sou zafè dwa yo genyen anba sistèm konpansasyon pou anplwaye ki andomaje nan travay nan Florid depi kòmansman’l nan ane 1935. Kèk nan peryòd sa yo te pi mal pase kèk lòt. Sepandan, pa gen yonn ki te…
Injured workers have experienced a steady erosion of their rights under Florida’s workers’ compensation system since its inception in 1935. Some periods have seen greater losses than others. None, however, were as ugly as the Jeb Bush years, when he served as the 43rd Governor of Florida from 1999 to…
“Rabbit from a hat.” That’s the description I have given to a case we recently handled with Domnick & Shevin PL. I have blogged extensively about the indecent and dangerous immunity afforded medical providers under Florida’s wrongful death statute. (Gigantic Loophole in Florida’s Wrongful Death Act; Florida Wrongful Death Survivors…
Corporate America has campaigned for more than thirty years to brainwash average people into believing that America’s civil justice system is a bad thing. Sadly, the campaign has worked, fostering views contrary to one of the most fundamental principle on which America was founded: that the courts are to be…
There is a reason why the following inquiry is a standard interrogatory for personal injury cases in the Florida Rules of Civil Procedure: Did you consume any alcoholic beverages or take any drugs or medications within twelve hours before the time of the incident described in the complaint? If so,…