Florida Injury Attorney Blawg

Under Section 400.022, Florida Statutes (2025), nursing home residents are guaranteed specific rights. Licensed facilities must publish these rights and ensure that residents are treated in accordance with them. If a facility violates these rights and a resident suffers injury or death as a result, the facility may face legal proceedings. Although nursing homes are…

Our firm is contacted nearly every week by the adult children of elderly parents who have died as a result of medical negligence. Sadly, if the deceased left behind no surviving spouse or child under the age of 25, neither our firm nor any other can pursue damages on their behalf. This harsh limitation arises…

Unless otherwise prohibited by law, the terms of a Florida motor vehicle insurance policy govern the rights and obligations of the parties—the insurance carrier and the insureds. Florida’s Dangerous Instrumentality Doctrine is a long-standing legal principle that makes the owner of a motor vehicle vicariously liable for injuries caused by someone else driving that vehicle…

The purpose of the “Assisted Living Facilities Act,” contained in Chapter 429 of the Florida Statutes, is to “promote the availability of appropriate services for elderly persons and adults with disabilities in the least restrictive and most homelike environment, to encourage the development of facilities that promote the dignity, individuality, privacy, and decisionmaking ability of…

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…

This blog is a verbatim repost, title and all, of an excellent article recently published in the Florida Workers’ Advocates internet Newsletter. The author: Justyn Needel, Legislative Specialist at Injured Workers Pharmacy. ********************************************** The 2025 legislative session in Florida was far from ordinary. Lawmakers reconvened for a special session, which concluded on June 15, 2025, to address…

I have blogged extensively on the constant tug-of-war between insurance companies and their insureds when it comes to claims handling. While insurers are relentless in demanding timely premium payments, their approach to claims is often summarized in two words: delay and deny. Insurance carriers have an arsenal of tools designed to execute this strategy. Examinations…

The competition to advance money to individuals injured in accidents is intense, driven by the prospect of a high return on investment. Numerous companies, including large national players, engage in this market, offering what is known as “non-recourse funding advances.” Because the only collateral is the injury claim itself—whether a workers’ compensation or personal injury…

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…