News & Analysis as of

Damages Florida

Carlton Fields

Florida Appeals Court Decisions: Week of September 9-13, 2024

Carlton Fields on

Florida Supreme Court - Tallahassee - Sexton v. State - capital case, direct appeal - In re Fla R Mediators - amended rules - In re Fla R Juv P - amended rules...more

Carlton Fields

Florida Appeals Court Decisions: Week of September 2-6, 2024

Carlton Fields on

USA v. Wall - competency, RICO, trafficking, evidence, instructions, sentencing... Steines v. Westgate Palace - arbitration, Military Lending Act... USA v. Deleon - sentencing, physically restrained... USA v....more

Carlton Fields

Florida Appeals Court Decisions: Week of August 26-30, 2024

Carlton Fields on

U.S. Eleventh Circuit Court of Appeals USA v. Schwarzbaum - IRS, penalties ECB v. Chubb - insurance, policy interpretation, financial institution Boyd v. DOC - postconviction relief Eknes-Tucker v. Ala Gov - en...more

Carlton Fields

Florida Appeals Court Decisions: Week of August 19-23, 2024

Carlton Fields on

Lange v. Houston Cnty - en banc vote vacating this decision, health insurance, gender - Calderon v. Sixt - car rental, contract breach, FDUTPA - USA v. Bell - mail fraud, wire fraud, false statements, evidence,...more

Carlton Fields

Florida Appeals Court Decisions: Week of August 12-16, 2024

Carlton Fields on

U.S. Eleventh Circuit Court of Appeals - Lange v. Houston Cnty - en banc vote vacating this decision, health insurance, gender - Calderon v. Sixt - car rental, contract breach, FDUTPA - USA v. Bell - mail fraud, wire...more

Carlton Fields

Florida Appeals Court Decisions: Week of August 5-9, 2024

Carlton Fields on

Commodities & Min v. CVG - arbitration confirmation - USA v. Bush - escape, instructions, mens rea - AW v. Coweta Cnty Sch Dist - ADA, Title II, emotional distress damages - USA v. Munoz - denaturalization, estoppel - ...more

Marshall Dennehey

Florida Rule of Civil Procedure 1.442(c)(3)’s Apportionment Requirement Found Inapplicable by Virtue of Rule 1,442(c)(4) as the...

Marshall Dennehey on

Webjet Linhas Aereas S.A. etc., et al. v. ZGA Aircraft Leasing, Inc., 49 Fla. Weekly D620a (Fla. 3rd DCA 2024) - On March 20, 2024, the Third District Court of Appeal rendered a decision concerning the characterization of a...more

Marshall Dennehey

Florida Tort Reform: The Impact of House Bill 837 on Health Care Litigation

Marshall Dennehey on

On March 24, 2023, Florida Governor Ron DeSantis signed House Bill 837 into law. Also known as the “Civil Remedies” or “Tort Reform” law, HB 837 has changed civil litigation in Florida, including providing a uniform standard...more

Klein Moynihan Turco LLP

FTSA Lawsuit Update

Readers of our blog may recall a recent piece in which we discussed a Florida Telephone Solicitation Act (“FTSA”) lawsuit pending in the United States District Court for the Middle District of Florida. In Morris v. Lincare,...more

Searcy Denney Scarola Barnhart & Shipley

The Impact of Pre-Existing Conditions on Personal Injury Claims in Florida

If you’ve suffered any type of personal injury that leaves you with large medical bills, lost wages, pain and suffering, and other damages, you may be able to file suit against the insurance company of the negligent party....more

McGlinchey Stafford

FDUTPA Dismissal: Implications for Non-Consumer Plaintiffs

McGlinchey Stafford on

On April 4, 2024, the Middle District of Florida dismissed a non-consumer plaintiff’s Florida Deceptive and Unfair Trade Practices Act (FDUTPA) claim for failure to plead injury to consumers. This ruling underscores the...more

Rumberger | Kirk

Additur for Future Pain and Suffering Damages

Rumberger | Kirk on

When a jury’s verdict is unreasonably low, the presiding judge may increase it by awarding an additur pursuant to Florida Rule of Civil Procedure 1.530 and Section 768.74, Florida Statutes. However, as to damages for future...more

Searcy Denney Scarola Barnhart & Shipley

Calculating Damages In Florida Wrongful Death Cases

The loss of a family member is one of the most devastating events that anyone can go through. While financial compensation cannot make the pain of loss go away, it can prevent your situation from getting worse due to the...more

Searcy Denney Scarola Barnhart & Shipley

Understanding Florida’s Comparative Fault Law and How It Affects Personal Injury Claims

Many personal injury cases do not involve situations where one party is entirely at fault. Many cases, instead, involve situations where both sides may bear some responsibility. This is why, like in many other states, a...more

Marshall Dennehey

No Independent Right to Attorney’s Fees Under Fla. Stat. 627.70152

Marshall Dennehey on

Key Points: A dispute over attorney’s fees alone cannot be the trigger for a lawsuit or a fee award under Fla. Stat. § 627.70152. Fla. Stat. § 627.70152 does not create a separate and independent right to attorney’s fees....more

Searcy Denney Scarola Barnhart & Shipley

Calculating Damages in a Slip and Fall Case

When you have a slip and fall case, you need to make informed decisions. One of the most important decisions you may need to make is deciding when (and if) to settle your case. Knowing whether to accept a settlement offer...more

Searcy Denney Scarola Barnhart & Shipley

Calculating Damages in a Florida Pedestrian Accident Case

Pedestrian accidents often result in serious injuries—and these injuries can leave victims facing significant losses. From medical bills to lost earnings, the financial costs alone can far exceed what most people can afford....more

Searcy Denney Scarola Barnhart & Shipley

The Different Types of Injuries Resulting from Car Accidents in Florida

Car accidents occur in varying degrees of severity. This is one of the reasons why there are many types of injuries that can stem from a wreck. Understanding the types of injuries that can occur, as well as how a victim’s...more

Searcy Denney Scarola Barnhart & Shipley

Identifying the Defendants in a Florida Truck Accident Case

Trucking accidents can have a devastating impact on the victim’s life. This is, in part, due to the fact that passenger cars are no match for an oncoming semi. While such accidents often result in greater injuries than a...more

Searcy Denney Scarola Barnhart & Shipley

Proving Liability in a Product Liability Case in Florida

Product liability cases are some of the complex matters which arise in the realm of personal injury law. Such cases often involve multiple defendants and can raise multiple theories of liability. One of the most hotly...more

Fuerst Ittleman David & Joseph

Florida Nursing Home Negligence Update: Florida’s Fourth District Court of Appeal quashes denial of motion to dismiss nursing home...

On August 9, 2023, in Preston v. The Estate of Romanoff, No. 4D23-282 (Fla. 4th DCA August 9, 2023), Florida’s Fourth District Court of Appeal granted a petition for writ of certiorari and quashed the trial court’s order...more

Searcy Denney Scarola Barnhart & Shipley

The Role of Expert Witnesses in Product Liability Cases in Florida

Product liability cases are some of the most complicated matters which arise in personal injury law. Such cases involve complicated issues regarding the design, manufacture, and foreseeable uses of products. A Plaintiff will...more

Searcy Denney Scarola Barnhart & Shipley

Florida's Dog Bite Laws: Liability and Compensation for Victims

Dog bites can lead to serious injuries on the part of the victim. Such injuries can include scarring, nerve damage, the loss of limbs, and even wrongful death in some cases. Florida cases involving dog bites differ from other...more

Searcy Denney Scarola Barnhart & Shipley

The Importance of Medical Documentation in a Personal Injury Claim in Florida

One of the most important aspects of any personal claim is establishing the extent of your damages. Proving your damages is crucial due to the fact that, contrary to what some believe, a jury does not simply pull a number out...more

Fuerst Ittleman David & Joseph

Tort reform update: Florida passes comprehensive tort reform that has potential to fundamental alter civil litigation in Florida.

On March 24, 2023, Governor DeSantis signed into law House Bill 837, a comprehensive bill aimed at creating significant tort reform that has the potential to fundamentally alter civil litigation in Florida. HB 837 shortened...more

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