Articles Posted in Florida

The Associated Press has an article on medical malpractice cases in Florida that says it all with the title: “Another good year for medical malpractice insurers.” The Florida Office of Insurance Regulation reports that malpractice insurance companies have enjoyed profitability for six consecutive years in Florida and that the average return on surplus for them in 2009 was 6.6 percent.

When these glorious profits are reduced, when these insurance companies fall into the inevitable ebb and flow of profit years and leaner years, we will instantly have ourselves another full blown medical malpractice crisis.

Strong allegations from Florida: a class action nursing home lawsuit claims a Lake Worth nursing home that engaged in a scheme to defraud Medicare and Medicaid and “prey on vulnerable adults.”

The lead plaintiff seeks a class action after injuries frequently the subject of nursing home lawsuits: disfiguring ulcers on her heels. The nursing home denies liability but has asked a law firm to investigate the allegations. The ole “I didn’t do it but let me investigate whether I did it” plan of attack.

Lake Worth Manor has been a troubled nursing home. It has the lowest rating from Florida’s Agency for Health Care Administration and has spent 31 days on Florida’s watch list. The nursing home’s co-medical director, who just stepped down from his position, has a history that, well, let’s say it makes you think he should not be running a nursing home.

A Florida jury has ordered two Coral Springs doctors to pay $4.3 million to the family of a girl who was misdiagnosed at birth in 1994. The jury determined that two doctors failed to perform tests required by the standard of care and failed to act on symptoms that showed the child had enterovirus, a usually mild illness that can cause death or serious injury in infants. This misdiagnosis left the girl with severe vision problems and permanent liver cirrhosis.

A Broward County, Florida jury on Tuesday awarded $14.6 million to a truck driver paralyzed in a 2007 accident that occurred in Palm Beach County. According to a truck accident lawyer for the plaintiff, the lawsuit was an uninsured motorist claim to National Casualty. The truck accident occurred when the driver swerved to avoid another driver who ran a stop sign. The injuries are extremely serious: the Plaintiff lost the use of his arms and legs because of the accident and requires ongoing rehabilitation.

florida injury casesThe average personal injury verdict in Florida is $1,819,751, according to Jury Verdict Research, a company that tracks jury verdicts. In Florida personal injury cases, plaintiffs win approximately 61 percent of cases that go to trial.

Florida’s threshold requiring a more serious injury in motor tort cases is one reason why the average jury verdict in Florida much higher than the national average. These Florida jury statistic verdicts also underscore that large cases inflate average jury verdicts and settlements. The median—as opposed to the average—money damages in Florida personal injury trials in Florida is $122,674.

If you have been injured in a serious car accident (our lawyers only handle serious claims), call us t 800-553-8082 or click here for free no-obligation consultation.

Very dated but still interesting data on Florida workers’ compensation cases: the average back injury settlement was $ 38,000 with medical care continuing (called “keeping your case open”). The average  workers’ compensation back injury settlement is $ 9,800 with no continuing opportunity for further medical care.

The Orlando Sentinel (via Overlawyered) has an interesting article taking a detailed look at statistics surrounding theme park lawsuits. This is not your garden variety media article of a legal trend. It has detailed breakdown of the lawsuits filed against theme parks, and through statistics and interviews, sets the game plan of Disney theme parks, and I think to a similar but lesser extent, its brethren when facing a lawsuit: wage elongated war, make discovery brutal for accident lawyers and their clients, and settle the cases you think you might not win – particularly those cases you might prolifically not win.

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Jury Verdict Research reported this month on Florida personal injury lawsuit verdicts. The median – not be confused with average which is much higher – money recover in Florida personal injury lawsuits that go to trial is $185,000. Florida personal injury lawyers can expect to receive a verdict for their clients in 60 percent of lawsuits that go to trial.

Putting these number in context, the national median personal injury verdict is $35,000, and personal injury victims recover about half of the time. In other words, you can drive a truck through the difference between Florida and the rest of the nation. Florida voters may go for caps at the ballot box, but when faced with live human beings, they have a very different approach.

If you have been injury by a defective product or medical malpractice or in a car or truck accident in Florida in Miami, Jacksonville, Tampa, St. Petersburg, Orlando, Fort Lauderdale, Tallahessee or anywhere in Florida, call our lawyers at 800-553-8082.

Florida is looking to take its plaintiffs’ work in-house The Florida legislature is considering multiple bills — Senate Bill 1370 and House Bill 215 — that would limit the state’s attorney general’s ability to contract with outside attorneys. Most states allow government officials to contract with private attorneys to work on larger cases, particularly large pieces of litigation.

Why this bill? People get upset seeing lawyers collect huge contingency fees from the state. But the state would not fund and stuff, for example, the tobacco litigation. But everyone is so worried about trial lawyers getting over on the public that they would rather have nothing than 60% of something.

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