Accident victims often require medical attention. Medical malpractice sometimes makes their medical conditions worse, compounding the initial injuries with additional medical expenses and pain and suffering. When the initial injuries are caused by the negligence of a third party, the victim is entitled to be compensated by the third party…
Florida Injury Attorney Blawg
Recovering Past Medical Expenses in Florida Personal Injury Cases
One of the primary responsibilities of personal injury attorneys who represent Plaintiffs, those injured by the negligence of others, is to recover past and future medical expenses. Recovering the past medical expenses requires proof that the charges are reasonable, related to the accident, and necessary. See Garrett v. Morris Kirschman…
Florida Workers’ Compensation Liens — The “Manfredo” Formula Made Simple
Florida employees injured at work may be able to bring a valid claim for damages against a third party. For purposes of this blog, a third party means an entity, including an individual, other than the employer or other entity entitled to workers’ compensation immunity. A third party case may…
Florida Wrongful Death Survivors Chart — Back by Popular Demand
Understanding who may be eligible for compensation under the “Florida Wrongful Death Act,” sections 768.16 through 768.26, can be difficult, like piecing together a puzzle. Reproduced here is an easy to understand chart showing that information as well as the type of compensation that may be available. Of particular importance…
Premises Liability Law in Florida Post-Owens
In Owens v. Publix Supermarkets, Inc., 802 So. 2d 315 (Fla. 2001), the Florida Supreme Court described Florida’s slip and fall law as it then existed: All premises owners owe a duty to their invitees to exercise reasonable care to maintain their premises in a safe condition. See, e.g., Everett…
Florida’s Second DCA Allows Consideration of Governmental/Charitable Medical Expenses in Personal Injury Cases
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…
Personal Injury Law: When an Insured is Not Insured Under Florida Law for Underinsured Motorist Credit
One of the primary objectives of every Plaintiff’s personal injury lawyer is to fairly and honestly maximize his or her client’s recovery. For Defendants and their insurance companies, the opposite outcome is their primary goal. For a Plaintiff’s lawyer to be successful, he must know the personal injury insurance laws.…
Beware of Tylenol!
Tylenol can cause liver failure! It accounts for 40% of liver failure hospitalizations, Recommendations for FDA Interventions to Decrease the Occurrence of Acetaminophen Hepatotoxicitymore, more than “100,000 calls to Poison Control Centers, 56,000 emergency room visits, 2,600 hospitalizations and nearly 500 deaths” in this country annually. William M. Lee, Acetaminophen…
In Florida Scales of Justice Favor Insurance Companies
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…
Qualifying for Florida Workers’ Compensation Permanent Total Disability (PTD) Made Easier
As I have blogged here before, beginning with the election in 1998 of Jeb Bush as the governor of Florida, state Republicans have been on a mission to limit and eliminate workers’ rights. An area of particular focus has been the workers’ compensation system — Chapter 440 of the Florida…