Florida PIP Law Reform: Consumers Lose Again

April 29, 2012

After repeated lobbying of the Florida Legislature for the past four or five years, the insurance industry finally got the “PIP reform” bill they wanted passed. The resulting legislation will undoubtedly be cause for celebration in the boardrooms of “Big Insurance” at the expense of Florida’s insurance consumers. That’s you and me. No one who […]

New Florida Legislative attack on Medical Malpractice Claims

February 15, 2012

The Florida Legislature has embraced many attempts in the past to unduly restrict the rights of potential claimants in medical malpractice cases. Caps on damages, a worthless pre-suit screening process and an abbreviated Statute of Limitations are but a few that have been successfully enacted into Florida state law. During its current session, the Senate […]

Negligent Security – Landlord liable regardless of terms of rental agreement

August 17, 2011

Most of us have rented an apartment at one time or another in our lives. Understandably, the focus of such agreements is upon the length of the lease, the monthly rent amount, and the required security deposit. Often hidden within the “fine print” however, are provisions which attempt to limit or altogether waive the landlord’s […]

Florida Law and Debtors Rights or “I’m uninsured, what’s protected” ?

April 23, 2011

In a previous post, I outlined the types of available automobile insurance and stressed the necessity of obtaining as much coverage as financially possible to insure that medical expenses and lost wages can be recovered in the event of injury as a result of an accident. As a corollary to that advice, it is just […]

Florida’s Dangerous Instrumentality Doctrine and the Graves Amendment (or the “Federal Car Rental Business Relief” Act )

March 21, 2011

As I discussed in an earlier post, motor vehicles have previously been deemed to be a “dangerous instrumentality” by numerous previous rulings of the Florida courts. As as result, I issued the warning that private automobile owners must be particularly careful when entrusting their vehicle to another driver, in that the owner can be held […]

Motorcycle insurance in Florida: Not Required, But Don’t Hit the Road Without it

February 21, 2011

Insurance coverage for motorcycles is not required in Florida but strongly advised by St. Petersburg personal injury attorney Robert E. Heyman.

Medical Malpractice Cases in Florida: Rules you need to know

December 16, 2010

In order to sue for breach of contract, for injuries from an automobile accident or a slip and fall, the plaintiff need only file a complaint in the proper jurisdiction and pay the necessary filing fee. ($400.00 at this time). However, in order to sue a doctor , hospital or other medical care provider, there […]

Waiver of Sovereign Immunity in Florida: When the “King” can be sued

October 30, 2010

At common law, no government could be sued for damages by one of its citizens, no matter how egregious the negligence by a government agent or employee may have been. “The King can do no wrong” was the operative phrase which insulated governments from liability since Medieval times. In Florida, that changed in 1975, when […]

Mediation in Personal Injury Cases

October 9, 2010

With the advent of the fourth quarter of 2010, my personal injury practice has, as is usual, focused on reaching year end settlements of cases which are currently in litigation. This trend is in large measure driven by the defendants’ insurance companies desire to “clear their books” of cases before the start of the new […]

Florida’s Proposal for Settlement Rule: It’s still “David vs Goliath”

September 3, 2010

In an apparent desire to promote settlements in civil cases, the Florida Legislature created the “Proposal for Settlement ” rule pursuant to Florida Statute 768.79 and Florida Rule of Civil Procedure 1.442. In a nutshell, the rule provides both the plaintiff and defendant the opportunity to extend a pretrial settlement offer to the opposing party […]