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Florida Injury Attorney Blawg

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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…

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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…

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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…

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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…

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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…

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(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…

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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…

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The Steady Erosion of Florida Workers’ Compensation Rights & Benefits

For the past twenty years I have witnessed the steady and sometimes precipitous decline of rights and benefits available to injured workers under Florida’s workers’ compensation system (Chapter 440 Florida Statutes). The losses have come through legislative, rather than court, action, mostly by the hand of Republican legislators. Not surprisingly,…

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Florida Premises Liability Standards for Accidents Causing Personal Injuries

Under Florida law, the duty owed by landowners and/or those in control of properties to individuals other than employees – injuries to employees are governed by Florida’s workers’ compensation system (see Chapter 440 of the Florida’s Statutes) – depends in part on the individual’s purpose for being on the property.…

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Florida Medical Malpractice Statute Exposes Providers to Excess Judgments

Medical providers (doctors, hospitals, nurses), aligned, for the most part, with Republican politicians, believing them to be covering their backs, will be surprised to learn that, in a battle between them and medical malpractice insurance companies, they have been stabbed in the back. Florida Statute 766.1185 (2003) is a safe-harbor…

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