How is Libel Defined Under Florida Case Law?
According to Florida case law as of the date of this article, libel is defined as the unprivileged written publication which is false and not privileged, which causes distrust, ridicule, and other harm, including: “A civil action for libel will lie when there has been...
What Are The 5 elements Of Defamation Under Florida Law?
According to Florida case law as of the date of this article, a claim of defamation requires five elements: (1) publication; (2) falsity; (3) actor must act with knowledge or reckless disregard as to the falsity on a matter concerning a public official, or at least...
Is there a rule for calculating pain and suffering damages?
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...
Is scarring considered a permanent injury?
According to Florida statutory law as of the date of this article, someone who was injured in a car accident by the negligence of another must prove that the scarring and disfigurement were both permanent and significant in order to recover damages: "(2) In any action...
Does Florida recognize a claim for future loss of earnings?
No, according to the case law as of the date of this article, Florida does not recognize a claim for future loss of earnings. However, it does recognize a claim for lost earning capacity. "Florida law does not recognize a claim for future loss of earnings” but does...
Does the jury consider the age of the injured person when determining the amount of damages to award?
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...