Articles Posted in Civil Litigation

Florida Statute 624.155 gives people the right to sue insurance companies if they mishandle claims and cause financial harm. However, workers’ compensation insurance carriers are exempt from these provisions. Section 440.11(4) provides as follows: “Notwithstanding the provisions of s. 624.155, the liability of a carrier to an employee or to anyone entitled to bring suit in…

For those of us in Florida familiar with the constraints of the state’s sovereign immunity law, Florida Statute 768.28, the Federal Tort Claims Act (FTCA), 28 U.S.C. §§ 2671-2680, comes as a pleasant surprise. Under the state law, judgment damages against the state—or any of its agencies or subdivisions — are capped at $200,000 per…

Florida premises liability law governs the responsibility of those who possess or control land for injuries sustained by individuals on their property. It is a negligence-based system, meaning that liability is determined according to the degree of fault. This principle is known as comparative fault, codified in Florida Statute § 768.81, entitled Comparative Fault. Under…

Overview of the Florida Wrongful Death Act When a person’s death is caused by the wrongful act, negligence, default, or breach of contract or warranty by another individual or company—including incidents occurring on navigable waters—Florida law determines who may be entitled to compensation. These legal rights and procedures are governed by statute, specifically the Florida…

For decades, Corporate America has waged a calculated campaign to vilify trial lawyers and delegitimize civil lawsuits. The now-infamous McDonald’s coffee spill case has been cynically exploited as the poster child for “frivolous lawsuits.” The case is cited endlessly in media soundbites, political speeches, and boardroom talking points to convince the public that the justice…

Personal injury and workers’ compensation cases differ significantly in the remedies they offer and the parties they involve. It is not uncommon for an individual injured in the course of employment to also have a viable personal injury claim. Workers’ compensation cases are brought against the employer and its insurance carrier, whereas personal injury actions…

Although our law firm does not handle employment discrimination cases, we frequently refer such matters to excellent attorneys. Recently, however, I came across a particularly insightful and well-written Florida Bar Journal (volume 99, No. 4 July/August 2025) article by Attorney James Poindexter, which inspired me to write this blog. Employment discrimination cases are primarily grounded…

In every negligence action for personal injury or wrongful death, the plaintiff must establish three core elements: (1) a duty owed by the defendant; (2) a breach of that duty; and (3) that the breach proximately caused the claimed damages. While duty and breach often dominate attention, proximate cause is the element that connects wrongdoing…

Some legal wrongs give the aggrieved party more than one avenue of redress. A common example arises when an injured person must choose between pursuing a remedy under common law or seeking benefits under Florida’s Workers’ Compensation Law, Chapter 440, Florida Statutes. However, once a path is chosen and pursued past a certain threshold, the…

Florida’s liability and workers’ compensation systems take a cautious approach when it comes to awarding benefits for mental and emotional injuries. This caution stems from a fundamental public policy concern: without clear limits, allowing recovery for purely emotional harm could lead to a flood of speculative or fabricated claims. As the Florida Supreme Court explained…