According to a recent report released by the United States Coast Guard, the state of Florida has the highest number of boat-related accidents and deaths. This may not come as a surprise to those who know Florida and its massive coastline. In fact, Florida is second only to Alaska for…
The Florida justice system sees hundreds of thousands of cases each year. Many of these cases are medical malpractice cases. Essentially, a medical malpractice case is a claim of medical negligence, alleging that, but for the medical professional’s negligence, the plaintiff would have avoided the harm that they suffered. In…
Last year, a 20 year-old female who was out partying after work one day got behind the wheel of her car after drinking too much and ended up in an accident that killed two 21 year-old best friends. At the time of the car accident she had a blood alcohol…
Issues of negligence are usually determined by the jury. However, in some cases where the plaintiff’s case is especially weak, a defendant may petition the court to dismiss the case against them. This is usually the case when the plaintiff does not submit enough evidence to prove that a legal…
Last month in Jacksonville, a four-vehicle accident involving a school bus, tractor trailer, SUV, and a Volkswagen Beetle left two people dead and several injured. According to a report by the local NBC affiliate, the school bus was stopped on eastbound Dunn Avenue letting children off the bus. Behind the…
It should not come as a surprise, but litigants are not permitted to commit fraud against, or mislead, a court of law. However, in order for a case to get dismissed for fraud or misconduct, the party committing the alleged fraud must know that what they are submitting to the…
In essence, an arbitration agreement is a contract between two parties that stipulates that a neutral arbiter, rather than a judge or jury, will have the final binding decision over any claims that arise between the parties. Arbitration agreements have become the focus of some critical attention recently, because of…
The law that allows accident victims to recover from the person who caused the accident that caused their injuries is called the law of negligence. While the laws of negligence are complex and can be very confusing, at its core, the law is designed to allow an accident victim to…
In a recent opinion by the District Court of Appeals of Florida, Third Circuit, the court reversed a decision by an arbitrator and send the case back for a rehearing because the arbitrator did not properly calculate the damages the plaintiff was eligible for. Background: What Is an Arbitration Agreement?…
In Florida, the civil courts are sticklers for procedure. Whether it be following court imposed rules or sticking to deadlines set by statute, courts will rarely allow exceptions to procedural defaults. Along these lines are the strict notice requirements imposed by statute that require plaintiffs suing the state government (or…