Florida Injury Attorney Blawg

Florida premises liability law governs the responsibility of those who possess or control land for injuries sustained by individuals on their property. It is a negligence-based system, meaning that liability is determined according to the degree of fault. This principle is known as comparative fault, codified in Florida Statute § 768.81, entitled Comparative Fault. Under…

Overview of the Florida Wrongful Death Act When a person’s death is caused by the wrongful act, negligence, default, or breach of contract or warranty by another individual or company—including incidents occurring on navigable waters—Florida law determines who may be entitled to compensation. These legal rights and procedures are governed by statute, specifically the Florida…

For decades, Corporate America has waged a calculated campaign to vilify trial lawyers and delegitimize civil lawsuits. The now-infamous McDonald’s coffee spill case has been cynically exploited as the poster child for “frivolous lawsuits.” The case is cited endlessly in media soundbites, political speeches, and boardroom talking points to convince the public that the justice…

Personal injury and workers’ compensation cases differ significantly in the remedies they offer and the parties they involve. It is not uncommon for an individual injured in the course of employment to also have a viable personal injury claim. Workers’ compensation cases are brought against the employer and its insurance carrier, whereas personal injury actions…

These are uncertain and challenging times in Florida (and the entire United States) for undocumented immigrants, as the Trump Administration and Florida Governor Ron DeSantis seemingly delight in making their lives increasingly difficult. Interestingly, when it comes to workers’ compensation benefits, Florida law protects certain undocumented workers. Florida offers three types of wage-loss benefits to…

Under Section 400.022, Florida Statutes (2025), nursing home residents are guaranteed specific rights. Licensed facilities must publish these rights and ensure that residents are treated in accordance with them. If a facility violates these rights and a resident suffers injury or death as a result, the facility may face legal proceedings. Although nursing homes are…

Our firm is contacted nearly every week by the adult children of elderly parents who have died as a result of medical negligence. Sadly, if the deceased left behind no surviving spouse or child under the age of 25, neither our firm nor any other can pursue damages on their behalf. This harsh limitation arises…

Unless otherwise prohibited by law, the terms of a Florida motor vehicle insurance policy govern the rights and obligations of the parties—the insurance carrier and the insureds. Florida’s Dangerous Instrumentality Doctrine is a long-standing legal principle that makes the owner of a motor vehicle vicariously liable for injuries caused by someone else driving that vehicle…

The purpose of the “Assisted Living Facilities Act,” contained in Chapter 429 of the Florida Statutes, is to “promote the availability of appropriate services for elderly persons and adults with disabilities in the least restrictive and most homelike environment, to encourage the development of facilities that promote the dignity, individuality, privacy, and decisionmaking ability of…

Although our law firm does not handle employment discrimination cases, we frequently refer such matters to excellent attorneys. Recently, however, I came across a particularly insightful and well-written Florida Bar Journal (volume 99, No. 4 July/August 2025) article by Attorney James Poindexter, which inspired me to write this blog. Employment discrimination cases are primarily grounded…