Florida Statute 627.409 (2010) allows an insurance company to rescind an insurance policy on the grounds of misrepresentation if it can prove: a) The misrepresentation, omission, concealment, or statement is fraudulent or is material either to the acceptance of the risk or to the hazard assumed by the insurer. (b)…
Job one of lawyers who represent individuals who have suffered personal injuries and/or property damage losses is to maximize the client’s recovery. The conventional thinking is that the recovery in every case is limited by the measure of actual damages, in other words, the recovery cannot exceed the loss. Surprisingly,…
The most important job of every personal injury lawyer is to maximize the amount of his or her client’s monetary recovery. The damage elements of every personal injury case are “pain & suffering” and economic damages (which includes lost wages, loss of earning capacity, out-of-pocket expenses, and past and future…
Florida is one of only three states in the country that has yet to enact legislation requiring children six and older or too small for lap and shoulder belts to be placed in booster seats or integrated systems. A bill (Senate Bill 238) was proposed in the 2011 legislative session…
The Fair Labor Standards Act (FLSA) requires employers to pay employees overtime pay, at a rate of time and a half, for all hours worked in excess of 40 hours per week. See Section 207 of the Act. Pursuant to 29 U. S. C. §216(b), an action to recover overtime…
For an accident to be compensable (or covered) under the workers’ compensation system, it must happen in the course and scope of the employment. Generally, where the employment has fixed time and location requirements, accidents off the premises during lunch are not compensable. In other words, these accidents do not…
Following the Casey Anthony verdict, many of my Facebook Friends posted attacks on the jury and the jury system. Pasted below are responses to those attacks that I posted to Facebook. ********************************************* Posted on July 5, 2011: James Madison and Thomas Jefferson – ever heard of them? – would be…
Chapter 440, the body of statutes governing Florida’s workers’ compensation system, places on the injured worker, also known as the Claimant, the burden of proving the accident caused his or her injuries. Almost always, medical evidence is required to meet the burden. Certain elements must be established to meet the…
On the 4th of July, of all days, the following topic should be considered one of utmost importance. The 7th Amendment to the United States Constitution guarantees the right to a trial by jury in civil cases. Seventh Amendment of the US Constitution “In suits at common law, where the…
One would hope and expect in a society purporting to be civilized, that the negligence of any person or company could not be waived before it happened. Astonishingly, Florida law allows just that: pre-accident releases/waivers barring actions based on the subsequent negligence of the released party. In other words, Florida…