This Holiday means a lot to me. I spend a lot of time thinking about all of the wrongful death clients I have had the privilege to represent. I think of the dead and the families left behind. I think of the countless hours spent meeting with the families in the immediate aftermath and years […]
In many states, including Florida, a physical impact is required for a plaintiff to recover mental and emotional damages for most torts. There are exceptions for the most egregious misconduct – when some people without any physical impact can recover mental and emotional damages. I have litigated that question successfully on appeal. You can read […]
Exhortation An address or communication emphatically urging someone to do something.
In Florida, there is a presumption that the driver of a vehicle that rear-ends another is at fault. That presumption may be overcome by evidence of a sudden stop, sudden entry into traffic or cutting off traffic. Given that, you might rightly wonder why the carrier of the sand truck in this recent case in […]
Discovery disputes that linger without resolution can materially affect the outcome of the case. In a Fort Lauderdale wrongful death case against Tesla, a Judge recently struck a human factors expert witness from the plaintiff’s witness list because the opinions were not timely disclosed, The lawyer for the parents off the decedent claimed the late […]
Declivity A downward slope.
An overlooked aspect of personal injury claims is the stress associated with the litigation, including opening up discovery to the other side and awkward encounters with treaters who are somewhere on the spectrum between skeptical or suspicious and hostile. Especially in serious cases, where the victim constantly in the care of medical professionals. As I […]
I successfully litigated a product liability case involving a Depuy knee implant and the surgeon who placed it. This recent verdict involves a different type of defect and a slightly different model. But the lesson remains true as always: medical malpractice cases are difficult, especially when mixed with product liability issues. Choose your lawyer carefully. […]
Holding the carrier liable post-settlement for continuing care and expenses under Medicare rules is an uncommon and aggressive approach. In most cases, settlements result in a release that relieves the paying party from any ongoing financial responsibility. This argument – to hold the carrier for that at-fault responsible for expenses going forward – bears watching, […]
Pellucid Translucently clear (of music or noise) clear or pure in tone