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Florida Injury Attorney Blawg

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Special Considerations for Cruise Ship Passenger Accidents

The Port of Miami is one of the busiest cruise ship ports in the world. Thousands of passengers from around the world sail from its docks weekly. Many of these passengers become victims of cruise ship negligence, from food poisoning, to slipping and falling, to onboard sexual molestation. For those…

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Sovereign Immunity Limits Increased by 2010 Florida Legislature

History was made today by the Florida Legislature. After remaining at the same level for 30 years, Florida’s sovereign immunity limits – i.e., the maximum amount government entities can be forced to pay to victims in personal injury cases* – were increased by the 2010 Florida Legislature from $100,000 per…

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Workers’ Compensation Cases as Indicator of Florida’s Economic Condition

When the economy lags, like now, so do the amount of reported job-related accidents and workers’ compensation claims filed. I speak from the experience of handling claimants’ workers’ compensation cases for the past 23 years. Employees fear being fired for having an accident on the job. In my experience, the…

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Hepatitis C Infection from Contaminated Miami VA Colonoscopy Equipment Results in Lawsuits

Our law firm was recently hired by a military veteran who claims to have been infected with the liver disease Hepatitis C by equipment used to perform colonoscopies at the Veterans Administration (VA) hospital in Miami, Florida. Last year the VA acknowledged contamination issues with endoscopic equipment used to perform…

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Rotator Cuff (Shoulder) Injuries & Florida Accident Law

In my 25 years of representing accident victims, I have found rotator cuff injuries to be about the most debilitating of all traumatic injuires for those employed as manual laborers. Unfortunately, it is a very common injury – for example, shoulder pain is second to back pain as the bases…

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Comment About Heart Attack and Stroke Cases Under Florida’s Workers’ Compensation System

Proving compensability of heart attacks and strokes under Florida’s workers’ compensation system has always been difficult. Even when the law allowed the award of “reasonable” carrier-paid hourly attorney’s fees to the successful Claimant’s attorney, whether or not to accept a case required serious thoughtful consideration. Now that Florida’s new attorney’s…

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Pain & Suffering Damages Under Florida’s Workers’ Compensation System

Compensation for pain and suffering is available in most types of accident cases. It is not available in Florida workers’ compensation cases. Florida’s workers’ compensation system was instituted so that employees injured at work would not have to prove fault in order to receive benefits. Entitlement to compensation was to…

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Florida’s Confusing Motor Vehicle Insurance Laws

Florida’s maze of motor vehicle insurance laws can be difficult to comprehend. A case in point: Personal Injury Protection (PIP) and Property Damage – Liability are the only required coverages for an owner to lawfully operate his/her vehicle on Florida’s streets and highways. (PIP pays 80% of medical bills and…

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Burden of Proof in Florida Unemployment Compensation Hearings

After being terminated from a job, an employee may apply for Unemployment Compensation benefits through the State of Florida Agency of Workforce Administration. The employer will be notified of the application and given a chance to respond. An agency administrator will then make a decision based on the paperwork submitted…

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Satisfying the Workers’ Compensation Lien in Florida – The Manfredo Formula

Frequently, employees hurt on the job can be compensated for their damages by third persons (i.e., someone other than the employer). This is so when the employee is injured or killed in the course of his or her employment by the negligence or wrongful act of a third-party tortfeasor. Regardless…

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