Personal Injury

The Propriety of Dismissal As A Sanction for Fraud in Florida

December 14, 2016
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[...]

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

December 12, 2016 | Stephen Rosansky
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[...]

The Guide to Traumatic Brain Injuries

February 8, 2013
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[...]

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

March 1, 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,[...]

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

March 1, 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[...]

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

June 1, 2008 | Aram Megerian
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[...]

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

May 1, 2008 | Daniel Kissane
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,[...]

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

March 1, 2008 | Eric Rieger
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[...]