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A similar principle applies to written instruments: ignorance of a document’s contents does not absolve a signatory of the responsibilities it imposes. We pursued a personal injury action in Broward County against a homeowner after our client sustained serious injuries on the homeowner’s property during a construction project. One of our central theories of liability…

We’ve all done it—cut across a landscaped area to save a few steps on the way from one public area to another. Most of the time, it’s harmless. But when someone trips and falls, the question arises: Who is responsible? Can the landowner be held liable? Or does the law essentially say, “cross at your…

Since 1990, Florida has enforced a statute commonly referred to as the “Free Kill” law. Codified at Section 768.21(8) of the Florida Wrongful Death Act, this provision creates a glaring exception in an otherwise remedial framework intended to support grieving families. The legislative intent behind the Wrongful Death Act, as stated in Section 768.17, is…

It is common for health and disability (lost wages) insurance carriers to pay benefits to their insureds who are injured due to someone else’s negligence. Many of these policies include reimbursement provisions allowing the insurer to recover payments from any personal injury settlement or judgment obtained by the insured. How Much Must Be Repaid? The…

It is not uncommon for employees to be injured in motor vehicle accidents while acting within the course and scope of their employment. Such incidents frequently implicate multiple layers of insurance coverage. Regardless of fault, injured employees may be eligible for benefits including workers’ compensation, Personal Injury Protection (PIP), and health insurance (including Medicare). Workers’…

Our law firm handles both workers’ compensation and personal injury cases, claimant’s/plaintiff’s side only. For years we have been dealing with Medicare Set-Asides (MSA) in our workers’ compensation cases. We have not been doing it in our personal injury cases. It may be time to start. A Medicare Set-Aside is a legal device used to…

Florida’s workers’ compensation system, outlined in Chapter 440 of Florida’s statutes, allows four different types of wage loss benefits divided into two categories. The categories are temporary and permanent indemnity benefits. There are two types of temporary indemnity benefits, Temporary Total Disability (TTD) and Temporary Partial Disability (TPD). Section 440.15(2)(a) describes TTD as being a…

Emergency medical services and care can play a pivotal role in Florida workers’ compensation cases. Under section 440.13(1)(e), Florida Statutes, “emergency services and care” is defined by its reference to section 395.002, Florida Statutes (2024), as follows: (9) “Emergency services and care” means medical screening, examination, and evaluation by a physician, or, to the extent permitted…

Active tortfeasors become legally liable for engaging in negligent conduct. Passive tortfeasors become liable for the negligent conduct of active tortfeasors through the legal principle known as vicarious liability. Examples include owners of motor vehicles whose permissive drivers cause crashes and employers for the acts of their employees. Nowadays, active tortfeasors can be released from…

Republicans control all phases of lawmaking at the state level in Florida. This has been the case since the election of Jeb Bush as governor in 1998, complementing their majorities in the Florida House and Senate. Presently, they rule by supermajority in the Legislature, meaning they don’t have to negotiate with members of other parties…