While getting a default judgment is not a good development in regards to legal action, it does not mean the end of the road. Florida’s Rules of Civil Procedure state, “On motion and upon such terms as are just, the court may relieve a party or a party’s legal representative from a final judgment, decree, order or proceeding for the following reasons: (1) mistake, inadvertence, surprise, or excusable neglect . . . .” This law acts as a road map [...]
The majority of accident victims in personal injury cases are reasonably able-bodied prior to their incident and approach obtaining financial compensation from that standpoint. If, however, an accident victim was already disabled or had a pre-existing condition, the issue of financial recovery becomes a lot more complex. Foreseeability Issues The predicament of pre-existing conditions and other kinds of medical fragility is a big one in Florida due to the fact that the state has an elderly demographic that is above average. [...]
Personal injury attorneys here in Florida calculate damages for an injury based on the kinds of losses available. There are typically three different kinds of damages possible in a car accident claim: Non-economic damages Economic damages Punitive damages The kind and amount of losses you could be awarded will hinge on the circumstances surrounding your claim. Economic Damages Economic damages, also known as special damages, act as compensation for financial losses caused by the accident. Examples of special damages include: Lost income Medical costs The expense of ongoing [...]
After you have sustained an injury at the hands of someone else, you might be left dealing with a lot of difficulties. You are probably going to have to juggle doctor appointments, personal hardships both at home and at work, insurance claims, and much more, all while enduring pain and suffering. Fortunately, Florida’s personal injury laws are designed to help you along with the support of experienced attorneys. Obtaining the financial compensation you are entitled to can help mitigate these [...]
In the state of Florida, like every other state, operating any motor vehicle while you are under the influence of a controlled substance is against the law. Unfortunately, not every driver is cognizant of the fact that driving under the influence of drugs that were legitimately prescribed by a physician could potentially bring about the same consequences faced by drivers who are under the influence of alcohol and/or illegal drugs. The Florida Department of Highway Safety and Motor Vehicles has [...]
The Centers for Disease Control and Prevention reported that deaths caused by accidental injuries are the number four cause of death in the United States. Over 160,000 fatalities were attributed to accidental injuries every single year. According to the CDC, the most frequent instances of wrongful death claims include but are not limited to: Road Traffic Accidents People commonly receive injuries when commercial and/or passenger vehicles crash into one another. Serious injuries can also be sustained during one-car accidents that are caused [...]
If you have sustained an injury while you were at work and it happened during the course of you performing your expected duties, your employer is obligated to provide you with all of the necessary medical benefits related to your injury as well as lost income benefits should you be unable to go back to work either permanently or temporarily because of your injury regardless of who is to blame. If you are receiving workers’ compensation and have any questions [...]
Motor vehicle accidents are usually very complex, and a plaintiff is not always able to name every single negligent person in a lawsuit. Under these circumstances, named defendants are able to shift some of the blame to one of these nameless parties, legally termed a Fabre defendant. Florida law permits jurors to allocate some of the fault to a Fabre defendant in order to avoid unjustly blaming a defendant simply because they were named. The Fabre doctrine is able to have [...]
Anytime a person is seriously injured during a car accident or another kind of injury accident, their injuries often go beyond physical harm and pain. The event is usually both physically and emotionally traumatic. According to Florida’s impact rule, however, it may be substantially more difficult to receive financial compensation for a victim’s non-economic damages like emotional distress or pain and suffering. To obtain non-economic compensation, you will be required to demonstrate that any emotional damages you are alleging you suffered [...]
Filing a civil suit that seeks punitive damages is different from a basic personal injury suit. Not all lawsuits that include claims for punitive damages are going to be successful. The truth of the matter is that punitive damages are rarely awarded in Florida. If you intend to file a lawsuit that encompasses punitive damages along with compensatory damages, it is vital that you consult with an experienced Tampa personal injury attorney first. What Are Punitive Damages? In Florida, courts will only [...]
