Some people are of the notion that if they're injured in a slip or trip and fall at a business, the business is automatically liable for their injuries. The fact of the matter is that in Florida the owner of property can be held liable if someone falls so long as the fall is due to the owner's negligence, i.e. the owner breaches his duty owed to persons who come on to the property. Liaibility is not automatic.
When people are injured in an accident, they often want to reach a settlement of their claim as soon as possible. From a human standpoint, this makes a lot of sense. However, from a legal standpoint, an injured person should normally not settle until they reach "MMI" or "maximum medical improvement."
Florida insurance law requires an insurance company to act in good faith in protecting its insured. This seems like a simple, self-evident principle. But what does it really mean in the context of a personal injury claim?
The term "Subrogation" frequently comes up in personal injury cases, both in Florida and elsewhere. So what does subrogation mean and how does it work?
In personal injury law, a medical provider will often ask for a "Letter of Protection" from the attorney representing the injured person. So what is the attorney giving when they issue a "Letter of Protection" (also sometimes called an "LOP")?
Prior to 1985, when it came to real estate sales, Florida, like many states, applied the legal principle known as "caveat emptor" or "buyer beware." In essence, that meant that when a buyer bought a property, they did so at their own risk as far as the condition of the property. That trend changed in 1985 with the Florida Supreme Court's ruling in Johnson v. Davis, 480 So. 2d 625 (Fla. 1985).
In Florida, the TV advertising lawyers talk a lot about settling cases. What you do not hear much about is whether, or when, settlement of a case must be approved by a court. Attorneys handling probate matters often are asked to assist in getting court approval when it is required.
When mediation is conducted, one of the first things that happens is that the parties and the mediator have an discussion about mediation in general and about the case in particular. That initial meeting is sometimes conducted with everyone in the same room together and in some cases with the parties in separate rooms. Either way, the mediator will usually explain to the parties a number of important points about mediation. Here is a sample of the types of things the mediator will point out to the parties and their attorneys:
In most areas of civil law in Florida, mediation has become the norm before a case can proceed to trial. As a result, understanding the mediation process can be useful to anyone involved in a civil court proceeding. This includes cases involving personal injury, divorce, contract disputes, etc.
In Florida, the state's wrongful death statute contained in Chapter 768, Florida Statutes, specifies that only the Personal Representative of the deceased person's estate may bring a wrongful death action.