Category Archives: Personal Injury

The Propriety of Dismissal As A Sanction for Fraud in Florida

Has Plaintiff Set in Motion an Unconscionable Scheme Calculated To Interfere With the Administration of Justice Insurance carriers employ a number of tools to combat the prevalence of insurance fraud in personal injury claims, including education to adjusters regarding how to identify and respond to fraud, industrywide seminars from law firms and insurance organizations, and Read More…

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Application of the PIP Deductible to Bills Submitted by Hospitals and Other Non-emergency Physician Providers

Let’s face it, accidents happen. But, when they do, we hope for a host of reasons that the injuries are not severe enough to warrant a visit to the hospital. For insurers, this concern goes beyond the concern for the claimant’s physical well-being. Rather, the insurer must also concern itself with how to tender Personal Read More…

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The Guide to Traumatic Brain Injuries

By: Christopher Donegan, Esq. Between 2000 and 2006, an estimated 1.7 million people annually reported sustaining a traumatic brain injury (“TBI”), of which 52,000 people died, 275,000 were hospitalized and the remaining 1,373,000 were treated at their local emergency room and released without incident.1  According to the Centers for Disease Control and Prevention, commonly known Read More…

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Bad Faith Considerations with Punitive Damages Cases (March Litigation Quarterly 2009)

Cost claims representatives are aware of the concept of punitive damages and that they are not to be routinely permitted in personal injury cases in addition to the customary recovery of non-economic and economic damages, i.e, compensatory damages.  Punitive damages are permitted to punish the person who engages in willful and wanton conduct.  Fortunately, punitive Read More…

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Proposed Florida New Slip and Fall Statute (March Litigation Quarterly 2009)

In 2009, HB 495 was proposed in the legislature of the State of Florida that would repeal the current slip and fall statute, Section 768.0710, Florida Statutes. The language of the proposed statute reads as follows: 768.0755      Premises liability for transitory foreign substances in a business establishment. – – If a person slips and falls Read More…

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Can A Parent Waive Their Own Child’s Personal Injury Claim? (June Litigation Quarterly 2008)

Generally, an exculpatory clause is valid and enforceable when it clearly and unequivocally expresses a party’s intention to be relieved from liability, even from their own gross negligence.1 However, for an exculpatory clause to be effective and operate to absolve a defendant from liability arising out of his own negligent acts, the clause must clearly Read More…

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Defending Economic Damages with Cost of Annuity Evidence (Anniversary Issue Litigation Quarterly March 2008)

Florida Statute § 768.77 requires verdicts in any personal injury or wrongful death action to be itemized and any amounts awarded for future economic losses to be reduced to present value. In determining present value, a plaintiff’s economist will invariably use the “growth factor-discount rate method” for calculating the present value of future economic damages. Read More…

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Present Status and Florida’s Personal Injury Protection (PIP) Statute (Anniversary Issue Litigation Quarterly March 2008)

Over the past several months, Florida’s Personal Injury Protection (PIP) law has undergone some significant changes. First, effective October 1, 2007, the “old” version of the PIP law was allowed to sunset. During the sunset period, Florida’s Legislature passed and the Governor signed a new PIP law. This law took effect on January 1, 2008. Read More…

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