Personal injury lawyers are not free. They typically charge a fee for their services, which is often based on a percentage of the compensation awarded to the client (normally, 331/3%). This is otherwise known as working on a contingency basis, which means that the...
According to Florida case law, an attorney's agreement to refund fees with costs in the event the attorney does not win the case is improper: Stripped to the bone, the complaint is that accused (the lawyer) neglected to file his brief and thereby suffered the appeal...
According to Florida law, an invitee is a visitor on the premises by invitation, either express or reasonably implied, of the owner: An invitee is a visitor on the premises by invitation, either express or reasonably implied, of the owner. Wood v. Camp, 284 So.2d 691,...
According to Florid law, causation is that act which, in natural and continuous sequence, unbroken by any intervening cause, produces injury, and without which injury would not have occurred: In the Pope case this court discussed the law of proximate cause and the...
According to Florida case law as of the date of this article, the purpose of compensatory damages is to make an injured party whole to the extent that it is possible to measure such injury in monetary terms: “Compensatory damages are designed to make the injured party...
According to Florida case law as of the date of this article, a premises liability claim is a negligence claim with the added elements of possession or control of the premises, and notice of the dangerous condition: "To prevail on its summary judgment motion,...
According to Florida case law as of the date of this article, a claim for negligence requires (1) a legal duty owed by the defendant to the plaintiff, (2) breach of that duty by the defendant, (3) injury to the plaintiff which was legally caused by defendant's breach,...
According to Florida case law as of the date of this article, there is no fixed rule or standard for calculating pain and suffering damages. The determination of the amount of damages is left to the jurors, which is subject to correction by the courts: "Pain and...
According to Florida case law as of the date of this article, the jury may consider the age of the injury victim when determining damages. "After the plaintiff introduces evidence sufficient to warrant an award for lost earning capacity, the jury should consider “all...