The Florida Injury Litigator

  Would you like to know every place someone’s been in the last year?  There’s an app for that.  Apple’s iPhone may be using GPS to track all the places the user takes it. According to CNN, the iPhone stores the data, which is then automatically transferred to a computer when the phone is synched … Continue reading →

Qui Tam (pronunciation: kwày tæm) or whistleblower cases allow private citizens to sue on behalf of the government.  Qui tam is an abbreviation from the Latin “qui tam pro domino rege quam pro sic ipso in hoc parte sequitur” meaning “who as well for the king as for himself sues in this matter.” Qui Tam … Continue reading →

On Monday, May 2, 2011, the House of Representatives passed Bill 479 in an 88-28 vote.  The new legislation hinders medical malpractice victims in three important ways: 1.     The bill establishes a requirement that out-of-state physicians and dentists apply for and obtain a certificate from the Florida Department of Health before providing either verified written medical … Continue reading →

The common law seat belt defense is now used to demonstrate a plaintiff’s comparative negligence rather than to mitigate his damages.  Florida law was not always this clear.   In Ridley v. Safety Kleen Corporation, the Florida Supreme Court recognized that “there has been some confusion and misunderstanding as to the nature of the so-called seat … Continue reading →

The Florida Legislature repealed § 768.0710, Fla. Stat., which related to the burden of proof in  negligence claims involving transitory foreign objects, like puddles, banana peels, etc.  § 768.0710 required “a duty of reasonable care to maintain the premises” and also did not require “actual or constructive notice of the transitory foreign object or substance.”  … Continue reading →

Blood-alcohol test results can be crucial to the success of a motor vehicle case.  Admission of those results, however, will depend upon their relevance.  § 316.1934(2), Fla. Stat. (2011) provides:  [U]pon the trial of any civil or criminal action or proceeding arising out of acts alleged to have been committed by any person while driving, … Continue reading →

What’s fair is fair.  Well, not always.  Even if a jury decides your medical malpractice injury is significant, the award can be slashed by Florida law.   § 766.118, Fla. Stat. caps noneconomic damages, which include pain and suffering, physical impairment, mental anguish, disfigurement, loss of capacity for enjoyment of life and other nonfinancial losses.  Generally, … Continue reading →

Act quickly!  Unlike diamonds, medical malpractice claims do not last forever.  Florida Statute § 95.11(4) sets certain time limits for the commencement of medical malpractice actions.  The statute of limitations requires filing within 2 years of the incident or within 2 years from the time the incident is discovered or should have been discovered with … Continue reading →

Everyone gets frustrated with delays.  Traffic jams, long lines at the DMV and waiting at the airport can be infuriating.  But when your health is on the line, delays can be deadly.   What happens when you are injured at work, your doctor proscribes emergency treatment and the worker’s compensation carrier delays approval causing further injury?  … Continue reading →

Thank you for viewing my blog.  I hope to use this platform to discuss practice tips, case law and emerging trends in Florida personal injury, product liability, medical malpractice and premises liability litigation.  My background and a little information about me can be found here. I encourage you to comment on this blog or contact me … Continue reading →