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Additur for Future Pain and Suffering Damages

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

Landowner’s Duty of Care in Florida, and the Special Case of Contractors

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

A Quick Note About Florida PIP Setoffs Without PIP Insurance

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

Nuts and Bolts of Florida’s Seatbelt Defense

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

Combating Permanency Without A Defense Medical Expert

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. ...more

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