Adults hosting house parties are well advised to be hyper vigilant in preventing alcohol or drugs from falling into the hands of minors. The negative consequences of failure, outlined in Florida Statute §856.015, can be substantial. An adult who fails to keep a minor from possessing or consuming alcohol or…
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…
It is customary in Florida for those wishing to settle workers’ compensation cases to be required to execute a voluntary resignation document. Typical resignation language will make it virtually impossible for the former employee to maintain a viable claim for unemployment compensation benefits. To avoid this consequence, language must be…
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.…
Rear-end crashes represent nearly 25% of all roadway motor vehicle accidents. The natural inclination is to blame the driver of the approaching vehicle, the one that slammed into the rear of the other vehicle. Florida law supports this notion by creating a presumption of fault against the approaching driver. Law…
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…
In Florida, civil (in contrast to criminal) claims for wrongful death are made under the provisions of the Wrongful Death Act, laid out in Sections 768.16-768.26 of Florida’s statutes. The Act prescribes the types of damages available for wrongful death and the circumstances by which they may be recovered. Only…
One of the most difficult concepts for our workers’ compensation clients to understand is that they will not receive any monetary compensation through Florida’s workers’ compensation system for pain and suffering. None. Zero. Nada. Zilch. The notion is counterintuitive. Compounding the difficulty in understanding, much less accepting the concept, is…
The primary responsibility of a plaintiff’s personal injury attorney is to maximize the client’s recovery. Typical recoverable damages include lost wages (past & future), medical expenses, and compensation for pain and suffering (a/k/a non-economic damages). A damage element often overlooked is the diminished value of a repaired vehicle. No matter…
The initial question in every premises liability personal injury case concerns the concept of duty. What degree of duty did the landowner (or possessor) owe to the person injured to prevent the accident? Because the next inquiry concerns whether the duty was breached, the answer to the initial question often…