Claims under Florida law for wrongful death are brought by the decedent’s personal representative for the benefit of the decedent’s survivors and estate. Florida Statute 768.20. A PR has the statutory authority to enter into wrongful death settlements. However, if the survivors dispute the settlement amount or apportionment, due process…
Individuals in Florida under 18 years of age, considered minors, do not have the legal capacity to settle personal injury claims or control the settlement proceeds. Minors are typically represented in their cases by one or both parents, who, by operation of law, are their legal guardians. In the absence…
Florida Statute 768.21(8) bars adult children (25 and above) from recovering for lost parental companionship, instruction, and guidance and for mental pain and suffering resulting from the death of a parent through medical malpractice. See Florida Statute 768.18(2) for the definition of minor children. The preclusion is an exception to…
The outside limit in Florida for suing for medical negligence is seven (7) years from the date of the incident or occurrence giving rise to the action. This time limit is set forth in Florida Statute 95.11(4)(b) and is known as the Statute of Repose. Florida’s Statute of LImitations for…
Comparative Fault — see Florida Statute 768.81 –and the Open & Obvious Doctrine are legal concepts that play a role in many premises liability cases. Under the principle of Comparative Fault, the jury is asked to apportion fault among the parties to a lawsuit, plaintiff and defendant(s), and others who…
Due to flawed record keeping, it is impossible to know with confidence how often violent crimes — murder, kidnapping, battery or robbery — are committed in Florida in conjunction with obtaining cash involuntarily from a victim’s ATM. Most law enforcement agencies do not maintain a separate category for ATM crime.…
The only long term wage loss compensation available under Florida’s Workers’ Compensation system is permanent total disability (PTD). The benefit is defined in Florida Statute Section 440.15(1). Unless the claimant sustains one of the scheduled injuries outlined in 440.15(1)(b), the only way to qualify for PTD is for a Claimant…
People hurt on the job can often bring damage claims against their employer under workers’ compensation and third parties responsible for causing the accident. Normally, workers’ compensation medical and lost wage benefits are provided to the injured worker before the third party case is resolved. Florida Statute 768.76 provides that…
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…