Millions of passengers travel annually on cruise ships sailing from Florida ports. Thankfully, most of the voyages are uneventful in terms of negative events. However, some passengers do suffer serious personal injuries and even death through the fault of the cruise ship companies. General Maritime Law governs cases involving cruise…
Florida Injury Attorney Blawg
How to Obtain Medical Records of Florida Nursing Home Residents
Under Federal and Florida law, the medical records of nursing home residents are available to a variety of duly authorized individuals and representives. Interested parties must know their rights to keep from being deterred by nursing homes in their quest for the records. This blog summarizes the laws that can…
Response to Editorial by Insurance Industry Executive Regarding Florida PIP Insurance
As the 2012 Florida legislative session is about to begin, Corporate Florida is rolling out its guns to prepare for its annual assault on the civil justice system. Although packaged as an effort to benefit consumers, make no mistake that the true goal is to maximize corporate profits at the…
Mosaic Law and American Jurisprudence
America’s civil and criminal justice systems are grounded on the Mosaic Code. The Law, contained in the Torah’s Books of Exodus, Leviticus, Numbers, and Deuteronomy, pre-dates Roman laws and is the first to incorporate humanism and the democratic spirit into a written Judicial code. Four centuries before Christ, the Jews…
EUO (Examination Under Oath) Abuse by Florida Insurance Companies
(Also read this blog: DCA Limits EUO Abuse) Most Florida-issued insurance policies allow carriers to examine their insureds and omnibus insureds* (individuals unnamed but covered under a policy) under oath during the claim process. Any failure by the insured to cooperate with this condition of the policy may result in…
Checklist of Standard Florida Motor Vehicle Insurance Coverages
From our experience, most Florida motor vehicle owners are not familiar with the many different types of coverages that are available, for the asking and at a price, under a standard vehicle insurance policy. Preliminarily, it should be understood that, in Florida, for a vehicle to be lawfully registered, the…
Holding Negligent Florida Medical Providers Accountable Made More Difficult by Republican Legislators
Effective October 1, 2011, individuals seeking redress for injuries caused by medical errors face yet another obstacle placed in their path by Florida’s Republican-dominated legislature. The new legislation applies to cases that arise on or after October 1, 2011. The new legislation, Florida Statute 766.1065, forces claimants to provide target…
Understanding the Importance of Uninsured/Underinsured (UM/UIM) Coverage in Florida
Uninsured/Underinsured vehicle insurance, described in Florida Statute 627.727, is first party insurance that covers non-economic damages (e.g., pain & suffering), economic losses (e.g., lost wages) and medical expenses realized by insureds through the negligence of uninsured or underinsured (i.e., losses exceed policy limits) owners and operators of motor vehicles. In…
(Manfredo) Formula for Satisfying Florida Workers’ Compensation Liens From Personal Injury Proceeds
Employees injured while working in accidents caused by third parties may be entitled to compensation through Florida’s workers’ compensation system and its personal injury laws. In the context of this blog, a third party is a person or company other than an injured worker’s employer. Examples include manufacturers of defective…
Compensation for Pain & Suffering Not Available Under Florida’s Workers’ Compensation System
Most Florida accident cases involving personal injuries – e.g., motor vehicle; premises liability; medical malpractice – include an element of monetary compensation for pain and suffering damages sustained by victims through the fault of others. Workers’ compensation claimants are not entitled to compensation for pain & suffering. Florida’s workers’ compensation…