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Introduction to Florida Tort Reform 2023

Florida Tort Reform 2023 is a set of proposed changes to the state’s civil justice system that will have a significant impact on businesses, individuals, and the legal profession. These reforms seek to address some of the perceived shortcomings of the current tort system, including excessive litigation costs, long wait times for trials, and unpredictable outcomes.

The proposed changes are expected to take effect in 2023, and they will affect a wide range of tort cases, including personal injury, medical malpractice, and product liability claims. In this article, we will discuss what Tort Law is, why it is undergoing reforms in Florida, the key changes in the Tort Reform 2023, the effect of Tort Reform on businesses and individuals, the arguments for and against Tort Reform, the steps to take to prepare for Tort Reform, and the role of attorneys in Tort Reform.

What is Tort Law?

Tort Law is a branch of civil law that deals with civil wrongs, injuries, and damages caused by one person or entity to another. Tort Law provides a legal remedy for individuals who have suffered harm as a result of the actions of others. These harms can take many forms, including physical injuries, emotional distress, and financial losses.

Tort Law includes a wide range of legal claims, including negligence, intentional torts, strict liability, and product liability. Negligence is the most common tort claim, and it occurs when a person or entity fails to act with reasonable care, resulting in harm to another person. Intentional torts occur when a person intentionally causes harm to another person, while strict liability applies when a product causes harm to a person due to a defect.

Why is Tort Law undergoing reforms in Florida?

There are several reasons why Tort Law is undergoing reforms in Florida. First, there is a perception that the current tort system is too costly and time-consuming. Many businesses and individuals believe that excessive litigation costs and long wait times for trials are preventing them from getting justice.

Second, there is a concern that the current tort system is unpredictable, leading to inconsistent outcomes and excessive damages awards. Some argue that the current system is biased in favor of plaintiffs, leading to excessive damages awards and frivolous lawsuits.

Finally, there is a concern that the current tort system is driving up the cost of insurance in Florida. Many businesses and individuals are required to carry insurance to protect themselves against potential lawsuits, and the cost of this insurance is passed on to consumers in the form of higher prices.

Key changes in Florida Tort Reform 2023

The Florida Tort Reform 2023 proposes several key changes to the state’s civil justice system. These changes include:

Limits on Non-Economic Damages

Non-economic damages are damages that are not related to a specific financial loss, such as pain and suffering or emotional distress. The reform proposes to cap these damages at $1 million in most cases, with some exceptions for cases involving catastrophic injuries or wrongful death.

Limits on Attorney Fees

The reform proposes to limit the amount of attorney fees that can be recovered by plaintiffs in certain types of cases. The proposed limit is based on a sliding scale that takes into account the amount of damages awarded.

Restrictions on Joint and Several Liability

Joint and several liability is a legal doctrine that holds multiple defendants responsible for a single harm. The reform proposes to limit joint and several liability in certain types of cases, such as those involving medical malpractice.

Shorter Statute of Limitations

The reform proposes to shorten the statute of limitations for certain types of cases, such as medical malpractice. This would require plaintiffs to file their claims within a shorter period of time, reducing the amount of time available for investigation and preparation.

Effect of Tort Reform on businesses and individuals

The effect of the Tort Reform 2023 on businesses and individuals is a topic of much debate. Supporters of the reform argue that it will reduce the cost and uncertainty of litigation, leading to lower insurance costs and a more predictable legal system.

Opponents of the reform argue that it will limit the ability of individuals to seek justice for harm suffered as a result of the actions of others. They argue that the proposed limits on damages and attorney fees will make it more difficult to find attorneys willing to take on complex cases, particularly those involving catastrophic injuries or wrongful death.

Arguments for and against Tort Reform

The arguments for and against Tort Reform are complex and nuanced. Supporters of the reform argue that it will reduce the cost and uncertainty of litigation, leading to lower insurance costs and a more predictable legal system.

Opponents of the reform argue that it will limit the ability of individuals to seek justice for harm suffered as a result of the actions of others. They argue that the proposed limits on damages and attorney fees will make it more difficult to find attorneys willing to take on complex cases, particularly those involving catastrophic injuries or wrongful death.

Preparing for Tort Reform: Steps to take

If you are a business or individual in Florida, there are several steps you can take to prepare for the Tort Reform 2023. These steps include:

Review your Insurance Policies

Review your insurance policies to ensure that you have the appropriate coverage in place to protect you against potential lawsuits. Consider increasing your coverage limits or adding additional coverage if necessary.

Evaluate your Risk

Evaluate your risk of potential lawsuits and take steps to reduce your exposure. This may include implementing safety protocols, providing training to employees, or reviewing your contracts with vendors and suppliers.

Review your Legal Strategy

Review your legal strategy to ensure that you are prepared for the changes that will be implemented by the Tort Reform 2023. Consider consulting with an attorney to review your contracts, policies, and procedures.

The Role of Attorneys in Tort Reform

Attorneys will play a critical role in the implementation of the Tort Reform 2023. Attorneys will need to adapt to the new legal landscape, including the limits on damages and attorney fees, and will need to develop new strategies for representing clients in tort cases.

Attorneys can also play a role in educating their clients about the potential impact of the Tort Reform 2023 and helping them prepare for the changes that will be implemented. Attorneys can provide guidance on insurance coverage, risk management, and legal strategy, helping their clients navigate the complex legal system.

Conclusion: What the future holds for Tort Law in Florida

The Tort Reform 2023 will have a significant impact on businesses, individuals, and the legal profession in Florida. While the reforms are intended to address some of the perceived shortcomings of the current tort system, they are also likely to have unintended consequences.

It is important for businesses and individuals in Florida to be aware of the changes that will be implemented and to take steps to prepare for them. By reviewing their insurance policies, evaluating their risk, and reviewing their legal strategy, businesses and individuals can position themselves for success in the new legal environment.

Attorneys will also play a critical role in the implementation of the Tort Reform 2023. By adapting to the new legal landscape and providing guidance to their clients, attorneys can help ensure that the reforms are implemented in a fair and just manner.

Here’s How Florida’s Personal Injury Laws Have Changed

If you’re injured because someone else is negligent in a traffic accident or in some other accident scenario, and if you bring a personal injury claim against the at-fault party with help from a Miami personal injury attorney, you will need to know about the reforms that have been made this year to Florida’s personal injury laws.

These reforms are already Florida law. They went into effect when Governor Ron DeSantis signed House Bill 837, known as the Tort Reform Act, on March 24, 2023. The changes affect personal injury claims, insurance bad faith claims, inadequate security claims, and much more.

Exactly what changes have been made, and how will those changes affect personal injury cases (and personal injury victims) in Florida? What will you need to know if you become a personal injury victim? When should you contact a Miami personal injury lawyer?

Keep reading this short discussion of House Bill 837 for the answers to these questions and a brief summary of the changes that the new law brings.

At-Fault Accident Victims May No Longer Recover Damages

Under the “comparative fault” principle in Florida law, each party in an accident is assigned a percentage of the fault. Under “pure” comparative negligence, even if you are more than fifty percent at-fault for an accident, you may still recover a percentage of your damages.

However, House Bill 837 changes Florida from a “pure” comparative negligence state to a “modified” comparative negligence state. Now, a plaintiff who is assigned more than fifty percent of the fault for an accident cannot recover damages.

This provision of House Bill 837 brings Florida into line with a majority of the states, where “modified” comparative negligence is already the standard, with the exception that the new Florida standard will not apply to medical malpractice cases.

Additionally, the new legislation provides uniform standards for juries to calculate accurately the value of medical damages in personal injury and wrongful death cases.

The Statute of Limitations Period Has Been Reduced

House Bill 837 changes the statute of limitations period for personal injury cases based on negligence from four years to two years, unless the plaintiff in the case is serving active military duty.

The change will apply only to personal injuries sustained after March 24, 2023, the day that House Bill 837 took effect.

However, if you’ve been injured because someone else was negligent, don’t wait two years or even two weeks to contact a Miami personal injury attorney. As soon as a medical provider has treated you, contact an attorney at once.

How Are Attorneys’ Fees Affected?

House Bill 837 eliminates Florida’s “one-way” attorney fee provision, which allowed plaintiffs whose personal injury claims prevail against insurance companies to recover their attorneys’ fees and costs from those insurance companies.

Under House Bill 837, the policyholder will be responsible for paying his or her own attorney’s fees, either by paying a lawyer’s hourly rate or by paying a contingency fee, which is a percentage of whatever the policyholder wins from the insurance company.

Negligence Alone No Longer Constitutes Insurance Bad Faith

When you buy an insurance policy, the insurance company agrees to provide the protection specified in the policy if you pay your premiums. If the insurance company does not provide that protection, the company is considered to be operating in bad faith.

However, under House Bill 837, an insurance company’s negligence alone no longer constitutes bad faith and is no longer sufficient grounds for filing a bad faith claim. This provision will make it more difficult to sue an insurance company that handles your claim negligently.

Additionally, House Bill 837 allows an insurance company to limit its bad faith liability when there are multiple claimants in a single action by paying the total policy amount before negotiations for a settlement begin.

Several lawmakers have expressed concerns that the new definition of insurance bad faith will expose businesses to million-dollar judgments if their insurance companies do not settle a claim quickly.

Landlords Gain Protection Against Inadequate Security Claims

Florida residents and their visitors are targeted by criminals every day. Some of these crimes – and some of the injuries sustained by the victims – could have been prevented if property owners had provided adequate security.

House Bill 837 insulates the owner of a multi-family dwelling from liability in cases that involve injuries inflicted by criminals on the premises, provided that the owner has taken reasonable steps to secure the multi-family dwelling by taking the specific security measures required by House Bill 837.

The security measures that owners of multi-family dwellings should take under House Bill 837 include the installation of:

1.  a deadbolt of at least one inch on unit doors
2.  dusk-to-dawn lighting in parking lots, walkways, and all other common areas
3.  locks on windows, exterior sliding doors, and other doors not for community use
4.  peephole or door viewers on unit doors that do not have windows
5.  security cameras at entrances and exits (Video must be kept for at least thirty days.)

Will House Bill 837 Reduce Insurance Rates?

House Bill 837 is sweeping legislation that includes many other important changes to personal injury, wrongful death, and medical malpractice laws in the State of Florida.

Governor DeSantis claims that House Bill 837 will reduce the high number of lawsuits against insurance companies and thus drive down insurance rates for Floridians, although no evidence has been produced that would substantiate that claim.

Have You Been Injured By Someone Else’s Negligence?

A Miami personal injury lawyer at Galimidi Law will understand the anxiety and apprehension that may be caused by these substantial changes to Florida’s personal injury laws. We stay fully abreast of legislative changes and current judicial rulings in order to provide our clients with effective legal representation.

If you have been injured in South Florida by someone else’s negligence, if a member of your family has been lost in a wrongful death, or if you have been injured in a crime that was committed on someone else’s property – or if any of this happens to you in the future – call Galimidi Law at once at 305-692-0125 for a no-cost, no-obligation case evaluation.

When you become a client of the award-winning legal team at Galimidi Law, you are treated with complete respect and offered every professional consideration. You will pay us nothing upfront, and you’ll pay no attorney’s fee to Galimidi Law until and unless you are compensated.

Why is Negligence Important to a Slip and Fall Case?

Slipping and falling can be an embarrassing incident or a serious accident, depending on the circumstances. If you have suffered a fall on someone else’s property, you may wonder if you have a valid personal injury claim for the damages you suffered. To bring a successful claim, you must be able to show that the property owner acted negligently. But what does that mean? A knowledgeable Florida premises liability lawyer can break down the responsibilities of a property owner to visitors and explain when they could be held liable for injuries.

How Does Your Reason for Being on the Property Impact Your Slip and Fall Claim?

To determine whether a property owner has been negligent in their actions, you must first understand their responsibilities to you while you are on their property.

The duty owed to you by the property owner changes based on why you are on the premises. Under Florida law, there are three categories of visitors.

Invitee

An invitee is someone who is on the property with the knowledge and permission of the owner. An invitee is either there for the economic benefit of the property owner or is allowed to be on the property because it is open to the general public. If you are shopping at a store, visiting a restaurant, or walking in a public park, you are an invitee.

The property owner owes a high duty of care to an invitee and must keep their property in a reasonably safe condition for them. This includes protecting an invitee from any hazardous situations that the owner could have uncovered through a reasonable inspection.

Licensee

If a person has express or implied permission to be on a property, they are considered a licensee. Someone visiting a friend or family member’s house and a postal worker delivering packages are classified as licensees. The property owner must warn a licensee of any dangers they know about that the licensee is not likely to notice. However, they are under no obligation to inspect their property for hazards for the sake of a licensee.

Trespasser

Anyone on a property without the owner’s permission is a trespasser. Property owners do not owe adult trespassers a duty of care, but they cannot intentionally cause them harm through traps or other mechanisms. Owners do have a duty to keep their property from being an “attractive nuisance” that could encourage child trespassers to explore and get hurt.

How is Negligence Determined in a Florida Slip and Fall Claim?

Negligence is defined as a failure to behave with the same care that a reasonable person would use in the same situation. In many slip and fall cases, the property owner is negligent due to their failure to take the action required by their duty of care to the visitor.

There are typically four elements to proving negligence on the part of the property owner:

• Show that the defendant owed a duty of care to the plaintiff: The reason for the plaintiff’s presence on the property will determine the property owner’s responsibility to them.
• Demonstrate how the defendant breached that duty: Once the duty of care has been established, the plaintiff must prove that the property owner did not live up to that standard. In Florida, slip and fall victims must show that the owner had actual or constructive knowledge of a dangerous condition on the property and failed to remedy it. For example, if the plaintiff was an invitee who slipped because the property owner did not clean up a spill on the floor or place warning signs around it after learning of the condition, then the owner’s actions breached their duty to keep the invitee safe.
• Provide evidence of injury: In every personal injury claim, there must be an injury to their body or personal property for which the victim can seek compensation. A fall without injury is an accident but would not warrant legal action against the defendant.
• Prove that the defendant’s breach of duty directly caused the injury: A plaintiff must be able to show that the harm they suffered, such as broken bones or a concussion, was caused by their slip and fall.

What Actions Can You Take After Your Slip and Fall Accident to Protect Your Claim?

Accidents happen quickly, and the moments afterward can be hectic, but taking a few basic steps can help you ensure that you can recover the compensation you deserve:

• Take pictures: Accident scenes are often cleaned up and repaired quickly, and proof of the hazardous situation that caused your slip and fall could be lost. Images of the accident site can preserve crucial information and support your claim.
• Seek immediate medical attention: Some severe injuries may not be apparent right away. A prompt medical examination not only protects your health but provides a vital record of the link between your injuries and the accident.
• Make a report: If possible, file a written report with the business and get a copy. If the accident was on private property, write down the details of the incident as soon as you can. This document will help you recall important aspects of the accident that you might otherwise forget.
• Promptly contact a trusted personal injury law firm: An experienced slip and fall lawyer can begin investigating your case and building your claim while you focus on your recovery. If you’ve been injured on another person’s property due to their negligence, our compassionate legal team can help you recover damages, including medical bills, lost wages, pain and suffering, and more. Call our office today to schedule a free consultation.

Can I Bring a Lawsuit if I Was Bitten by a Dog While Trespassing?

Experiencing a dog attack can be physically and emotionally scarring. Victims often have expensive medical bills and may even miss work while recovering from their wounds. Children face even greater risks due to their small size and lack of awareness of the dangers of aggressive dogs.

Dog owners are responsible for keeping others safe from their dogs in public, but what if you are hurt by a dog while trespassing on private property? A Florida personal injury lawyer can explain what general duties dog owners owe to trespassers and when they may be liable for damages. However, each case is different, so you should contact a knowledgeable lawyer if you need legal advice.

Who Can Be Considered a Trespasser?

A trespasser is a person unlawfully on another individual’s property without the express or implied consent of the property owner or another individual empowered to grant that consent, such as a tenant or caretaker.

Individuals with valid reasons to be on the property as part of their employment, such as postal employees or meter readers, are not classified as trespassers. A person might be a trespasser even if they were genuinely unaware that the property was private or if they mistakenly believed that they were still on their own property.

Do Property Owners Have a Duty to Trespassers?

Premises liability law specifies what duties property owners have to the different individuals who may come onto their property. Property owners owe the least duty of care to trespassers. They are not obligated to make their property safe for a trespasser or warn them of potential dangers because the trespasser is not lawfully on their property.

When a trespasser enters a property, they do so at their own risk. A property owner’s only responsibility is not to cause intentional harm to the trespasser or injure them through gross negligence. For example, setting up a trap to harm or kill trespassers would open the property owner up to potential personal injury claims.

However, it is crucial to remember that under Florida law, property owners have the right to defend themselves, their dwelling, and others from harm if they believe they are in immediate danger. An owner usually cannot be held liable if their dog defends them from a perceived threat from a trespasser on their private property.

Are Child Trespassers Treated Differently?

Because young children often cannot read warning signs and may not be aware of when a situation is unsafe, property owners need to take extra care to ensure that their property is not enticing to children. If a property owner is aware that a child could trespass on their property and they have a dog that could potentially cause harm, they should take all necessary precautions to keep their dog contained and ensure the safety of local children.

If your young child was hurt by a dog while trespassing, you should contact a Florida premises liability lawyer as soon as possible to learn about your legal options. This area of the law can be complicated, and it is critical to get solid legal advice.

When is an Owner Liable for Their Dog’s Actions?

Unlike some states, Florida enforces strict liability on dog owners. Strict liability means that a dog owner can be held responsible for any harm caused by their dog, regardless of whether that dog has ever shown aggression in the past. It also means that a victim does not have to prove negligence on the dog owner’s part. In fact, the owner could take all reasonable precautions, but if an incident happens with their dog, they could still be liable.

However, under Florida statutes, these rules only apply if the dog bite victim was on public property or was lawfully on private property. In nearly all cases where a trespasser was injured by a dog, the owner will not be held liable unless it can be shown that they acted with gross negligence.

Do the Laws Change if the Owner Has a “Dangerous Dog”?

Florida has special rules regarding the responsibilities of owners of dangerous dogs. A dangerous dog is a dog that has:

• Previously bitten or attacked another person or animal.
• Chased or aggressively approached a person without provocation.

The owner must muzzle a dangerous dog and keep it on a harness or leash in public. At home, the dog must be kept secured, and the property must have warning signs with the words “bad dog” displayed prominently at clearly visible locations. These signs will generally absolve the owner of responsibility if the dog injures someone on their property unless the owner engaged in a negligent act that caused the injury.

How Can a Personal Injury Lawyer Help You?

Florida’s dog bite laws can be complicated, and it is vital to have an advocate for your rights. This is particularly true if you or a loved one have been harmed by a dog while trespassing. Our skilled premises liability lawyers can look into the details of your case and determine whether the owner may be held liable for your damages. If the owner does share some responsibility for your injuries, you may be able to recover compensation, including payment for medical bills, lost wages, and pain and suffering. Contact our office today to schedule a free consultation on your dog bite case.

Everyone deserves to receive the best quality medical care. If you’ve been injured by a negligent doctor in Florida, a skilled personal injury lawyer can help you seek justice for your losses. Read on to learn about ten essential things you should know about medical malpractice cases.

What Constitutes Medical Malpractice?

Patients can sometimes experience adverse health outcomes without it qualifying as medical malpractice. For an act to be considered medical malpractice in Florida, it needs to meet three criteria:

• A professional relationship between the medical professional and the injured patient must exist.
• The healthcare provider’s actions must fall below the prevailing professional standard of care.
• The negligent actions must have caused direct harm to the patient, which resulted in losses.

How is Medical Negligence Determined?

To determine whether the health care provider acted negligently or was making a good faith effort to help the patient, the court must consider whether their choices met the “prevailing professional standard of care.” This is further defined in Florida statutes as “the level of care, skill, and treatment which, in light of all relevant surrounding circumstances, is recognized as acceptable and appropriate by reasonably prudent similar health care providers.” 

Certain care providers may be given more leeway. For example, a paramedic making split-second decisions would be judged differently than a family doctor seeing a patient. Other medical professionals are usually called upon during trials to give their opinion on their colleagues’ actions. 

Who Commits Medical Malpractice?

Doctors are the first individuals who come to mind when most people think of medical malpractice. However, many types of medical professionals can be negligent in their care, including, but not limited to:

• Nurses
• Pharmacists
• Surgeons
• Oncologists
• Ophthalmologists (eye doctors)
• Anesthesiologists
• Radiologists
• Chiropractors
• Dentists
• Psychiatrists

What Are Common Examples of Medical Malpractice?

There are many specific varieties of medical malpractice, but most cases tend to fall into one of four categories:

Incorrect treatment: A doctor may be negligent if a different treatment or the same treatment applied competently could have helped the patient.
Medication errors: Medications can be dangerous or deadly if improperly prescribed or administered.
Failure to diagnose: If a proper diagnosis would have led to a better outcome, the doctor could be liable.
Failure to inform of known risks: Doctors must provide patients with enough information to make an informed choice to consent to treatment.

What is the Statute of Limitations on Florida Medical Malpractice Claims?

Typically, cases involving negligence have a two-year filing limit under Florida law. If you were aware of the malpractice right away, you generally have two years from the date of the malpractice to file your claim. However, not every medical malpractice injury is immediately discoverable. If the damage was not discoverable at the time of the incident, you have two years from the date of the discovery up to a maximum of four years from the malpractice to file.

The filing rules can quickly become confusing, and every medical malpractice case is unique. You should always discuss your claim with a knowledgeable personal injury lawyer if you are uncertain whether it falls within the statute of limitations.

Do You Have More Time to File if the Malpractice Was Hidden From You?

If the medical malpractice was concealed from you or involved fraud, you have two years from the date of the discovery to file a claim in Florida. However, less than seven years from the date of the malpractice must have elapsed for the case to be valid. Unfortunately, past the seven-year limit, you will likely be unable to bring a claim, no matter the circumstances.

Does the Statute of Limitations Change if the Victim Was a Minor?

Cases involving minors have their own guidelines and time limits. As such, they must be considered on a case-by-case basis. If you suspect your child was harmed by medical malpractice, contact a trusted personal injury lawyer immediately to learn more about your legal rights and options.

Are There Special Rules for Filing Medical Malpractice Claims?

Florida law requires victims to file a notice of intent with the healthcare provider 60 days before filing the case in court. This notice informs the medical professional that they will be sued and gives them a chance to settle out of court.

As part of this notice, you must provide an affidavit of merit from another medical professional which confirms that you have a valid medical malpractice case.

What Damages Can You Seek?

Medical malpractice can be incredibly harmful to victims and their families. Through a lawsuit, victims may recover damages for their losses, including:

• Medical expenses resulting from fixing the mistake
• Ongoing medical care
• Lost wages during recovery time
• Loss of future earning capacity if they are permanently disabled
• Pain and suffering
• Loss of quality of life

If your loved one tragically died due to malpractice, a Florida wrongful death lawyer can help you file a claim to recover damages such as funeral and burial expenses, loss of companionship, and more.

Why is It Important to Speak to a Medical Malpractice Attorney?

Due to the complex rules surrounding medical malpractice cases, it can be easy for victims to inadvertently harm their claim. To protect your legal rights and ensure that your case is handled correctly, contact an experienced Florida medical malpractice attorney as soon as possible after you suspect an injury.

A core aspect of any medical professional is their duty to follow a standard of care when working with patients. Medical malpractice occurs when a medical professional such as a doctor, nurse, or other medical staff or the hospital causes an injury or death to a patient. The cause can be either omission, a negligent act, errors in treatment, diagnosis, treatment plans, or more.

What Are Common Examples of Medical Malpractice?

The unfortunate reality is that we are all capable of human error. This can be especially frightening when we rely on medical professionals, who are also human; therefore, errors occur. Below is a list of common examples of medical malpractice caused by human error or negligence. 

• Failure to recognize symptoms-this can occur early on and throughout health scares. If symptoms are accurately documented, it can lead to issues immediately for patients. 
• Failure to accurately diagnose can also lead to a myriad of issues. Either through misdiagnosis or lack of diagnosis, if there isn’t a plan or an inaccurate plan for each patient, this can lead to deadly circumstances. 
• Lab Results-either misreading them, failing to run tests, or omitting necessary results. All of which can lead to issues. 
• Surgical Mistakes- you may have heard a horror story in the past of a medical staff that operated on the wrong part of a patient or made errors while in surgery that caused severe issues. 
• Discharge of the patient prematurely- if the patient isn’t as stable as the hospital believes they are, and significant issues arise once they are home, this can lead to an emergency. 

What is Informed Consent, and Why is it Important?

Informed consent consists of doctors informing their patients of treatments or procedures they are recommending and all of the associated risks. This gives the patient the option to weigh the risks and determine whether or not to move forward with the treatment. 

Why is this imperative in a medical malpractice suit? Should the patient not be informed of the procedure or fully understand and agree to the risks before the procedure or treatment, they may have a case for medical malpractice. 

Typically, a doctor will explain the procedure, any substantial risks to the patient due to the procedure, and any reasonable alternatives, including doing nothing. In most cases, the patient will sign a form stating they have been made aware of the procedure and the risks and agree to move forward with the treatment or procedure. 

Every state is different, but in Florida, there is another aspect to note regarding informed consent. If a doctor or medical professional doesn’t obtain informed consent, this is only sometimes enough to have a strong malpractice case. Other factors will be considered in the courts to determine whether or not the parties involved are guilty based on this missing piece of consent. 

What Evidence Do I Need to Prove Medical Malpractice?

A few common characteristics must be present to have a strong malpractice case.

A significant injury must have occurred based on negligence that would not have happened in a reasonable situation without negligence.

A violation of a standard of care must be proven. Negligence can be established if it is shown that the standard of care was not met. A standard of care in the medical field is a legal gauge to determine whether or not the medical professionals met the standard or fell short, leaving the patient at risk for injury or death.

Significant damages occurred due to the injuries experienced by malpractice. Mistakes occur daily in all aspects of life, not just in hospitals. Suppose no reasonable significant injury is documented (examples are disability, considerable past and future medical bills, loss of income, and more). There may not be a reason to pursue malpractice in that case. Due to the costs of litigation or the time that a malpractice case can require for all parties involved (medical professionals, experts, attorneys, judicial staff), it may not be in your favor to pursue a malpractice suit.

Is There a Statute of Limitations on Medical Malpractice?

Patients and their families have two years to pursue a medical malpractice case. This creates a gray area because the “clock” doesn’t necessarily start when the actual malpractice may have occurred but from when the patient noticed or is now having complications that were a direct result of the malpractice.

In this case, two years can be stretched further if the injuries caused during malpractice (such as errors during surgery that are not creating significant issues for the patient until several months later) were not noticed immediately.

How Long Does a Medical Malpractice Case Take?

Generally speaking, one to three years is the average time for a case to be completed. Medical malpractice cases are incredibly complex and require significant documentation, expert opinions, negotiations, and more. Depending on how straightforward the case may be, it will affect how long the process will take.

Do I Need a Lawyer?

Due to the intricacies of a malpractice case, it is in your best interest to work with an experienced professional. There are some rare cases in which individuals choose to represent themselves, but without a background in the medical field and the law, it can be tough to ensure that you are giving yourself the best chance at pursuing a malpractice case.

Contact our offices today at 305-692-0125 to get your specific questions answered and learn more about how we can best assist you and your family.

It’s horrible when a loved one dies, but it’s even worse when their death was caused by someone else’s negligence. When this happens, grieving loved ones are often plagued with complex questions. One of the most common questions is, who files the wrongful death claim? It’s important to find an attorney who can provide concise answers during such a confusing time.

Tragic circumstances happen fast. Nobody wants to be dealing with the grieving process while trying to understand how to get justice for their loved ones. Focus your energy on getting through each day rather than on the financial burdens that a tragedy left behind. Get an experienced legal team that will take the load off some of your worries. It’s not necessary to put together the pieces of your life alone.

What Is A Wrongful Death Claim?

Before we get ahead of ourselves, let’s get to the basics. What counts as a wrongful death claim? Many people don’t realize that they are familiar with one of the most famous wrongful death claims in modern history: the OJ Simpson Trial.

Wrongful death claims are lawsuits that can be brought to court if someone died and someone else was at fault for the death. The result of these lawsuits is financial compensation for the victim’s families, as well as accountability for the at-fault party.

Wrongful death claims can be made when the victim’s death was caused indirectly or directly by the at-fault party. For example, if a manufacturer sold contaminated medication that indirectly caused illness – a wrongful death claim is appropriate. On the other hand, if a manufacturer sold a product that was a choking hazard and didn’t provide adequate warning labels, that could be a wrongful death claim, as well.

Wrongful death claims can also be made in instances of intentional death, such as murder. The OJ Simpson trial is a perfect example of this situation. Although OJ Simpson was acquitted of murder, he was found liable for a wrongful death claim. These claims are in civil court rather than criminal court and are easier to prove.

How Do Wrongful Death Claims Happen

As stated before, wrongful death claims are similar to personal injury claims if the victim had lived. Similarly, wrongful death claims can happen in many different scenarios. Some of these can include: 

• Anesthesia malpractice
• Birth injuries resulting in death
• Bus accidents
• Car accidents
• Commercial truck crashes
• Defective product injuries
• Emergency room medical malpractice
• Fatal accidents occurring during a supervised recreational activity
• Motorcycle wrecks
• Murder
• Nursing home abuse
• Premises liability accidents
• Workplace accidents

As a general rule, if someone could have filed for a personal injury claim if they’d survived, that family can now file for a wrongful death claim. As stated before in the OJ Simpson case, even if there’s a criminal case happening concurrently, families can still file a wrongful death claim. Family members are often overtaken with grief in the weeks or months after a family member dies. In Florida, the statute of limitations to file a claim is two years.

 Who Can File A Wrongful Death Claim?

Many loved ones of a wrongful death victim are impacted, but only specific people are allowed to file a wrongful death claim. The only one who can file the claim is someone who is a representative of the decedent’s estate. The representative has up to two years to file the wrongful death claim, which is not as much time as many think. This time frame is actually shorter than many personal injury statutes of limitation in Florida. Find a legal team to help your family as soon as possible, so you don’t miss the window. When filing a claim, the family should be aware of who will and who will not qualify for compensation from the claim. 

In order to qualify to receive compensation from a wrongful death claim, you must be a: 

• Spouse 
• Parent 
• Child under 25 years old 
• Other close sibling or relative who was relying on the victim for support 

How Can a Lawyer Help During a Wrongful Death Claim?

Wrongful death claims are incredibly sensitive types of lawsuits. There may be times when your family receives uncomfortable or even emotionally hurtful questions. No family wants to go over the details of their loved one’s death. However, in order to hold the at-fault party liable, this will happen. An experienced attorney will help your family manage these uncomfortable situations with respect for your family and the victim.

An attorney will also look at your case as an individual to determine your needs. What outstanding medical bills is your family taking on as a burden? How is your family’s future impacted by this loss? Is there a loss of inheritance, or are there children who have lost parental guidance and instruction?

Returning to our OJ Simpson trial example, a wrongful death claim can be the only way families can get accountability from the at-fault party. Since criminal cases require proof beyond a reasonable doubt, there’s a chance that the at-fault party will be acquitted. For a wrongful death suit, you simply have to prove that the family’s version of the events is more likely than not.

Galimidi Law has supported thousands of clients during the worst moments in their life. Their team removes the stress and pressure that families experience to provide the most compassionate care possible. Each family’s case is thoroughly investigated so they can focus on healing. To speak with a reputable criminal defense attorney, contact 305-692-0125 for a free consultation.

As a passenger in an auto accident, you may face similar or even more severe injuries than the driver. You could require emergency medical care, surgeries, therapy, and more as part of your recovery, which can lead to hefty medical bills, lost wages, and other costs. The good news is that you are eligible to recover damages from the driver’s personal injury protection (PIP) insurance, your own PIP insurance, or the insurance of a family member with PIP coverage. However, determining how to file a claim and get your damages covered can be difficult and confusing. An experienced car accident attorney can evaluate your unique case and help you decide on your next steps to receive the maximum compensation for your losses.

How Does PIP Insurance Work for Passengers?

Because Florida is a no-fault state, claims for a driver’s financial losses such as medical expenses and lost wages are covered by the driver’s PIP insurance. PIP insurance limits how much it will pay out per accident and the limit is shared among all occupants of a vehicle. The minimum coverage required by law is $10,000, which covers 80% of medical expenses and 60% of lost wages of all injured individuals, up to the limit.

As a passenger in a vehicle, it can become complicated to figure out where to file your claim. Some scenarios can include:

• If you are a member of the driver’s household: You can file a claim with their PIP.
• If the driver was a friend and you have PIP insurance: You can file a claim with your own insurance.
• If the driver was a friend and you do not have PIP insurance: You may be eligible to file under a family member’s PIP, even if they weren’t in the crash.
• If the driver was a friend and neither you nor your family have PIP insurance: You may be able to file against your friend’s insurance.
• If you were riding in a taxi: They carry $250,000 of PIP insurance, and you can file a claim against it.

As you can see, the legal situation can get confusing very quickly for passengers in a crash. It is highly recommended to consult a lawyer to understand your options. In many cases, the PIP claim must be filed within 14 days of the accident, so time is of the essence.

What if I Have Serious Injuries?

Serious injuries can rapidly exceed the $10,000 PIP limit for expenses. The only way to be able to bring a lawsuit against the at-fault driver is by surpassing the no-fault threshold. For this to occur, the injuries must be deemed medically permanent. While this classification is up for interpretation in many instances, under the legal guidelines, the injuries should meet one of these criteria:

• Involve a significant and permanent loss of a necessary bodily function
• Be deemed permanent by a doctor’s diagnosis
• Cause substantial disfigurement or scarring
• Result in the victim’s death

If your injuries exceed the no-fault threshold, you may take the other driver to court for damages, including economic losses such as medical bills and property damage, and non-economic losses like pain and suffering and emotional distress.

Can a Personal Injury Lawyer Help Me?

You are within your rights as a passenger to seek compensation for your injuries, and you should. However, recovering damages from PIP insurance can be a stressful, convoluted process. A knowledgeable personal injury lawyer can help you file your claim correctly to get the maximum recovery for your expenses. However, it is vital to contact a lawyer quickly because your window for filing a claim can be incredibly short.

If you have suffered serious, permanent injuries, filing a lawsuit to seek compensation for your myriad medical expenses may help you get back on your feet again. A skilled car accident attorney can provide a free consultation on your case to answer any of your questions: 305-692-0125

Victims file personal injury claims to recover compensation for damages they’ve experienced due to someone else’s negligence in an accident. The accident could be a vehicle crash, a slip and fall case, or another harmful incident. If the defendant’s insurance agrees to compensate the victim and the victim is satisfied with the amount and signs a settlement agreement, the insurance will send out a personal injury settlement check for the damages. Many victims are anxious to get their settlement so they can begin paying off their medical bills and other expenses from the accident. However, a process occurs before your settlement is available to you, which often takes four to six weeks, depending on the complexity of your case.

What Are the Steps to Processing a Settlement Check?

Four to six weeks to receive your settlement may seem like a very long time when you have bills to pay, but it can help to understand why the process takes so long. Several steps must happen after you agree on your settlement amount. These include:

• Signing release forms: You must sign legal documentation known as a settlement agreement which states that you agree to give up your right to legally pursue the claim further in exchange for the agreed-upon settlement. There may also be other stipulations in the documentation, so you and your lawyers should read it carefully before signing.
• Insurance processing: The settlement agreement is sent to the insurance, and they must process it and issue a check to your lawyer. For larger settlements, this may take longer.
• Placing funds into an escrow account and paying bills: Your lawyer will deposit the check into an escrow account and will pay any claims that have been made against your settlement. This can include medical liens or other claims by creditors.
• Paying attorney fees: Most personal injury lawyers work on a contingency basis, which means they don’t get paid unless they secure a settlement for you. Once your settlement is received, they will deduct their fees and provide you with an invoice.
• Receiving the final check: After all outstanding debts and attorney fees have been paid, your lawyer will send you a check for the remainder of the settlement.

Why Do Some Settlements Take Longer?

Many factors can increase the time it takes to come to a settlement and receive your payment. To get the best possible outcome, it is often a good idea not to accept the first settlement offer given by the insurance. Your lawyer is working for your best interests and will advise you on a fair settlement amount for your case. Other situations that can prolong the time it takes to get your settlement injury check include:

• Severe injuries: If you suffered significant injuries during the accident, your lawyer will likely advise you to wait to accept a settlement until you have healed or have reached maximum medical improvement. This ensures all your medical expenses are covered.
• Multiple defendants: In cases such as semi-truck accidents, there may be several at-fault parties and insurances. These negotiations can be complex, and getting your full settlement can take longer.
• High settlement amount: While a high settlement is a positive outcome, it may take longer for the insurance company to process your claim due to the large amount.

What Role Does Your Attorney Play in Getting You Your Settlement?

Your lawyer’s goal is to recover the maximum compensation for your injuries. They don’t want you to leave any money you could be entitled to on the table. Because of this, they may hold out if a settlement offer is not substantial enough. They may also reject a settlement agreement if it contains stipulations that are not in your best interests. While this may be frustrating when you are waiting to pay bills and want the process to be over, trust that your injury attorney is doing what is best for you in the long run. If you have questions about your settlement agreement timeline, contact our office at 305-692-0125