Articles Posted in personal injuries

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…

In Florida, owners and occupiers of property owe a duty to invitees—such as shoppers at a mall or residents of a condominium—to warn of latent or concealed dangers that they knew about or should have known about. Krol v. City of Orlando, 778 So. 2d 492 (Fla. 5th DCA 2001). However, not all hazardous conditions…

Owners and occupiers of premises have a duty to warn invitees (e.g., shoppers in mall, residents of condominium) of latent or concealed perils of which they know or should know. Krol v. City of Orlando, 778 So. 2d 492 (Fla. 5th DCA 2001). Conditions such as uneven floor levels and sidewalk curbs have been found…

Florida motor vehicle insurance policies offer a variety of coverages. PIP and Property Damage — Liability are mandatory coverages. Others, like bodily injury and uninsured/underinsured motorist (UM/UIM) are not. An uninsured vehicle is one that does not maintain bodily injury coverage or, like a hit-and-run phantom vehicle, cannot be identified. Interestingly, UM coverage may be…

In every negligence action for injuries or wrongful death the plaintiff must establish (1) a duty owed by the defendant; (2) the defendant’s breach of the duty; and (3) and that said breach proximately caused the damages claimed. In negligence actions Florida courts follow the more likely than not standard of causation and require proof…

Florida employees hurt at work have the potential of being compensated under the State’s workers’ compensation and civil laws. To recover under civil law against employers and fellow employees (including corporate officers or directors, supervisors, and managers), employees must overcome workers’ compensation immunity. Section 440.11(1)(b), Florida Statutes sets out what employees must prove to overcome…