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 […]

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 […]

How Will a Prior Injury Affect My Personal Injury Claim?

August 2, 2010

Anyone who has lived a fairly active lifestyle has probably incurred an injury to their neck, back or an extremity. Unfortunately, many people have also sustained prior injuries as a result of motor vehicle accidents, slip and falls or other accidental mishaps with varying degrees of permanent impairment. Many of my clients who seek my […]

How to Choose a Personal Injury Attorney, or “Can he find the Courthouse?”

July 7, 2010

In this day and age, consumers are literally bombarded with advertising messages from personal injury attorneys. Billboards, Yellow Pages, Internet sites and Television ads all tout how “aggressive” a particular law firm or attorney is in handling personal injury matters. While being “aggressive” is not necessarily a bad quality , you must look beyond the […]

How Much is my Personal Injury case worth?

June 29, 2010

        When meeting with clients who have been injured, whether in auto accidents, slip and falls, medical malpractice or other cases, this is usually one of the first questions I am asked. While I certainly understand my clients’ interest in the value of their claim, my usual response is that much more investigation will need […]