We are about to file suit in a case where our client fell after catching the heel of her shoe on a tree root as she was traversing a raised, curbed planting bed that was six to eight feet wide, on the way back to her parked car from an…
While the American jury system is one of the greatest human inventions, it is not infallible. At times our peers are influenced by prejudice, passion, or corruption; they sometimes ignore or misconceive evidence, take improper elements of damages into account by speculation and conjecture. A verdict based on any of…
Insurance companies and their defense attorneys seek any shred of evidence to discredit plaintiffs. Facebook and other social medial have become a fertile field for this type of evidence. Personal injury cases include claims for economic and noneconomic damages. Facebook photographs and comments can contradict these claims. Photographs from the…
Earlier this year our law firm participated in a one week jury trial against a condominium association and a general contractor seeking damages for personal injuries sustained by our client, an elderly woman. The association hired the general contractor to rebuild a wood dock that ran, unimpeded, behind each condo…
Maximizing the client’s net recovery should be a primary focus in every case. Court costs, litigation and medical expenses, and insurance liens are elements often charged against the gross recovery. One of the insurance liens is a creature of Florida Statute 440.39(2). This lien comes into play when a person…
Florida civil trial juries are given wide latitude in resolving factual conflicts. A verdict supported by evidence will be allowed to stand even if other evidence backs a contrary result. However, inconsistent and inadequate verdicts must be modified or reversed. An “inconsistent” verdict can only be corrected by the jury…
In Parrish v. City of Orlando, 53 So.3d 1199 (Fla. 5th DCA 2011), the plaintiff suffered a comminuted proximal humerus fracture in her left shoulder from tripping and falling on an uneven sidewalk. The jury awarded $51,929.02 for past medical expenses, and $130,000 for future medical expenses. However, the jury…
Lawyers know best! Jeb’s running for president of the United States. He has a strong chance of winning. People who care about the rights of families and individuals should be fearful of a Jeb Bush presidency. For the next two years, millions of dollars will be spent trying to shape…
Some of Florida’s most severely injured workers may qualify for Permanent Total Disability (PTD) benefits under Section 440.15(1) Florida Statutes. In the absence of a catastrophic injury such as a spinal cord injury involving severe paralysis, amputation of an arm, a hand, a foot, or a leg, severe brain or…
Our firm has been hired by a woman who recently sustained a serious leg injury while walking back to her car from a company sponsored holiday party. The employer has refused to provide workers’ compensation benefits, claiming that the accident did not happen in the course and scope of employment.…