Florida Injury Attorney Blawg

On July 11, 2012, a former client walked into our office and described a February, 2008 work related accident. After being pushed to the ground while trying to break up a hallway fight in a South Florida High School, he was sent by his employer to a workers’ compensation clinic for medical care. His injuries…

Every case is different. From accident to injuries, no two cases are ever exactly alike. That said, certain common elements do run through every case. From time to time I will be posting about some of the cases our firm has resolved. The common elements should become apparent in these blogs. This first example involves…

A few months ago our law firm, working with the Domnick & Shevin, PL law firm, settled a difficult liability case against an insurance agency arising out of a catastrophic motorcycle crash. Our client had been hospitalized for two months. Medicaid paid his substantial hospital bill. After the case settled, Medicaid came to us demanding…

This past week our firm settled a workers’ compensation case for $892,000. Included in the settlement package was a Medicare Set Aside. Importantly, while the workers’ compensation carrier had not obtained CMS approval prior to the settlement, the carrier guaranteed that it would cover any CMS required payments above those proposed. (The carrier also agreed…

Experienced personal injury attorneys consider many factors in judging how to manage their cases. While common elements are present from case to case, no two cases are ever completely alike. Both subjective and objective considerations must be taken into account to reach decisions most beneficial to client and attorney alike. The decisions are always consequential.…

Not willing to accept the voice of the people as expressed through jury verdicts, the Florida Legislature has imposed arbitrary limits on how much individuals harmed by medical negligence/malpractice can be compensated for their losses. Florida law recognizes two types of recoveries for people harmed by negligence, economic and non-economic. Economic losses include past and…

The subject of this blog is a recurring theme in our law firm and in every law firm in the state involved in motor vehicle accident litigation. Insurance coverage is a key issue in every Florida motor vehicle accident case. It is relevant to medical expenses, lost wages, vehicle repairs or replacement, and compensation for…

Is the loss of a loved one by medical malpractice less painful and catastrophic than such a loss by some other form of negligence? Either the Florida Legislature thinks so, or else it purposely created an arbitrary and capricious law to insulate medical providers from being held fully accountable for their negligence. The law in…

In our experience of representing individuals with practically every type of injury, we have learned that few injuries are more common — second to back pain — painful, and debilitating than rotator cuff tears. The rotator cuff is made up of 4 tendons that cover the top of the humerus. A rotator cuff injury involves…

Any cause of action, or lawsuit, arising in Florida from the death of an individual caused by the wrongful act or negligence of any person or entity is controlled by the “Florida Wrongful Death Act” (Sections 768.16-768.26). This blog describes some key wrongful death claim considerations. By their nature, wrongful death cases are highly emotional…