The Florida Injury Litigator
Matt Mazzarella
Florida sovereign immunity limits increase in 2011
Florida places limits the amount a government entity can pay personal injury victims. Currently, § 768.28, Fla. Stat. sets the maximum recovery at $100,000 per person or $200,000 per incident. Effective October 11, 2011, however, the legislature has increased these limits to $200,000 per person or $300,000 per incident. Although this is a step in … Continue reading
Using the iPhone to track and investigate its owner
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
What are qui tam lawsuits?
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
Florida continues to hamstring medical malpractice victims
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
Buckle Up – The Florida seat belt defense in automobile accident cases
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 status of Florida’s slip-and-fall standard
The Florida Legislature repealed § 768.0710, Fla.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
Admitting blood-alcohol test results in civil cases
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
Noneconomic damages are capped in Florida medical malpractice cases
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
Medical malpractice deadlines
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
Is a worker’s compensation carrier liable for delays in approving treatment? Maybe…
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
Author
Matthew Mazzarella is a trial attorney at Hannon & Boyers, P.A.
The Florida Injury Litigator 