In Florida, if you want to use surveillance footage at trial, you have to provide a copy to the plaintiff beforehand. After you provide the footage, the plaintiff might seek to compel the private investigator’s report as...more
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
Removing a case to federal court requires diversity of citizenship and an amount in controversy of more than $75,000. In a personal injury case, the easiest way to prove the amount in controversy is to show medical specials...more
You have analyzed the medical records, retained a medical expert and lined up a compulsory medical examination (CME). Then the objection arrives: the plaintiff refuses to attend the exam because it is being held in a...more
In federal court, personal injury plaintiffs are required to disclose a computation of each category of damages. Fed.R.Civ.P. 26(a)(1)(A)(iii). Past medical expenses and past lost wages are easy. But for pain and...more
Attorneys Mike Forte and Vince Saccomando discuss defense strategies for automotive and trucking accidents in the U.S. with both foreign and U.S. defendants. They outline what insurers should know in handling these claims...more
8/24/2021
/ Automotive Industry ,
Car Accident ,
Commercial Truck Drivers ,
Defense Strategies ,
Drivers ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Motor Vehicles ,
Trucking Accident ,
Trucking Industry
In a premises liability case, the landowner’s standard of care is determined by the category of entrant. Post v. Lunney, 261 So. 2d 146, 147 (Fla. 1972). See also ARP v. Waterway E. Assoc., Inc., 217 So. 3d 117, 120 (Fla....more
Generally, Florida drivers are required to carry $10,000 in personal injury protection insurance. Fla.Stat. § 627.736. After a car accident, PIP benefits are paid toward the insured’s medical expenses, regardless of fault,...more
Looking for the Most Generous County -
When a Canadian is sued in Florida, moving the case from the Florida state court system to the U.S. federal court system usually is a good move for the defense. But sometimes, making...more
In lawsuits involving commercial trucking accidents, plaintiffs frequently sue the driver’s employer for vicarious liability (respondeat superior and/or dangerous instrumentality doctrine), as well as for negligent hiring,...more
Florida is a popular destination for vacations and second homes. When a Canadian is involved in a car accident in Florida, blame can be placed on the other driver for failing to wear a seatbelt. To prevail on the seatbelt...more
2/14/2020
/ Auto Insurance ,
Bodily Injury ,
Canada ,
Car Accident ,
Defense Strategies ,
Florida ,
Insurance Adjusters ,
Insurance Claims ,
Insurance Litigation ,
Litigation Strategies ,
Motor Vehicles ,
Negligence ,
Risk Management ,
Seatbelts ,
Testimony
This brief, practical article presents strategies for challenging claims of permanent injury without relying on a defense expert.
Originally published in the Trial Advocate Quarterly, Winter 2018 Volume 37, Number 1.
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