Florida Injury Attorney Blawg

I have railed at length in this blog against a Florida law that allows medical providers alone to avoid the same legal liability everyone else faces for causing the negligent loss of life. The offensive statute is section 768.21(8), Florida Statutes, which is part of Florida’s Wrongful Death Act. Section 768.21, entitled “Damages,” describes who…

In City of Jacksonville v. Ratliff, 217 So. 3d 183 (Fla. 1st DCE 2017), a firefighter with a pre-existing history of diabetes, high cholesterol, prior history of smoking, and a family history of early onset CAD – blocked arteries (CAD – coronary artery disease) caused by the build-up of plaque – among other pre-existing factors,…

We currently represent an elderly woman who was knocked down in the hallway of her condominium building by a large, unleashed dog. She fell and struck her head on the ground. In the days following the event, she had headaches and was lightheaded. While taking a shower, she fainted. As a result of this event,…

Within the past two weeks, three bills limiting the rights of everyday citizens to control how they are governed were signed into law in Florida. On May 10, 2021, Florida Governor Ron DeSantis signed Senate Bill 1890. The bill places a $3,000 cap on contributions to political committees trying to put proposed constitutional amendments on…

Unless you are a firefighter or any law enforcement officer, correctional officer, or correctional probation officer, in order to receive workers’ compensation benefits under Chapter 440 of the Florida Statutes for any condition or impairment of health caused by tuberculosis, heart disease, or hypertension, the burden will be on you to establish to a reasonable…

It is not unusual for entities other than the workers’ compensation insurance carrier to pay medical expenses following a work-related accident. The most common payors are health insurance carriers, Medicare, and Medicaid. (PIP (a/k/a “No Fault”) insurance also pays if the accident involves motor vehicles, but since their rights are different than those of the…

Every citizen of this state should know that the only thing compelling personal injury liability insurance companies to voluntarily pay claims is the threat of being sued for bad faith. Liability insurance companies have a legal obligation to act in the best interests of their insureds. Boston Old Colony Ins. Co. v. Gutierrez, 386 So.2d…

A patient’s medical records enjoy a confidential status by the right to privacy in Article I, Section 23 of the Florida Constitution. State v. Johnson, 814 So. 2d 390, 393 (Fla. 2002). “Florida law, however, also recognizes that this confidentiality right is not absolute, and provides for the disclosure of medical records pursuant to subpoena…

Civil disputes arising from death due to negligence are governed by statutes 768.16-768.26, known as the “Florida Wrongful Death Act.” Section 768.17 sets forth the legislative intent of the Act: “It is the public policy of the state to shift the losses resulting when wrongful death occurs from the survivors of the decedent to the…

Florida workers injured in the course and scope of their employment may end up receiving simultaneously both workers’ compensation indemnity (money) benefits under Florida Statute 440.15 and Social Security Disability benefits under 42 U.S.C. s. 423. When this happens, Federal law and Florida law provide that the combined benefits shall not exceed 80 percent of…