Florida Injury Attorney Blawg

Severe brachial plexus injury cases often turn on a single, sharply contested question: what caused the nerve damage—obstetrical forces applied by the physician, or the natural forces of labor itself? In a recent Florida medical malpractice case involving a catastrophic, permanent five-root brachial plexus injury, the plaintiff challenged the admissibility of the defense’s causation theory…

Our law firm has written extensively about what has infamously become known as the “Free Kill” law.” More formally, the law is codified at section 768.21(8), Florida Statutes, a provision of Florida’s Wrongful Death Act, ss. 768.16-768.26. Florida’s Wrongful Death Act traces its origins to an English statute enacted in 1846 known as Lord Campbell’s Act. That landmark legislation…

Our firm has handled its share of catastrophic injury cases in both the workers’ compensation system and the civil law system (i.e., personal injury cases). Because the needs of those injured—both now and in the future—are critically important, we must address their immediate needs while also planning for the long term. While the underlying considerations…

Can a Worker Injured Outside of Florida Be Eligible for Florida Workers’ Compensation Benefits? Under § 440.09(1)(d), Fla. Stat., an employee injured outside of Florida may still be entitled to Florida workers’ compensation benefits if certain jurisdictional requirements are met: “If an accident happens while the employee is employed elsewhere than in this state, which…

Our office was recently contacted by an elderly gentleman whose wife was brutally murdered in her South Florida home in 2019 by a deliveryman employed by a large corporation. The assailant was subsequently convicted of first-degree murder and sentenced to life in prison. The gentleman retained his sons—both licensed Florida attorneys—to pursue compensation from the…

For more than thirty years, lawyers and judges have misapplied the statute of limitations in Florida workers’ compensation cases. Undoubtedly, this error has deprived countless injured workers of benefits to which they were entitled. In Estes v. Palm Beach County School District, an opinion issued on March 23, 2026, the First District Court of Appeal…

The open and obvious doctrine, as applied in Florida premises liability cases, has become a vexatious legal doctrine that is too often used to support summary judgment despite longstanding case law holding that the obvious nature of a hazard does not necessarily discharge a landowner’s duty to maintain reasonably safe premises. That is precisely what…

Lwa Florid § 440.13 gouvène dispozisyon swen medikal anba sistèm konpansasyon travayè Florid la. Anjeneral, anplwayè a ak konpayi asirans li a (kolektivman, “E/C”) egzèse yon kontwòl sibstansyèl sou swen medikal yon travayè blese. Manifestasyon ki pi enpòtan nan kontwòl sa a se dwa legal E/C a pou chwazi doktè otorize pou trete moun ki…

Florida Statute § 440.13 governs the provision of medical care under Florida’s workers’ compensation system. As a general rule, the employer and its insurance carrier (collectively, the “E/C”) exercise substantial control over an injured worker’s medical care. The most significant manifestation of this control is the E/C’s statutory right to select the claimant’s authorized treating…

El Estatuto de Florida 624.155 otorga a las personas el derecho a demandar a las compañías de seguros si gestionan de forma indebida las reclamaciones y causan perjuicios económicos. Sin embargo, las aseguradoras de compensación laboral están exentas de estas disposiciones. El artículo 440.11(4) establece lo siguiente: “Sin perjuicio de lo dispuesto en el artículo…