Florida

February 24, 2011

Average Jury Verdict in Florida

Florida Personal Injury Settlement Statistics

According to a not-so-recently published Jury Verdict Research study, the average verdict in a personal injury lawsuit in Florida is $1,732,150. Huge and almost invariably uncollectable verdicts, because of caps on a defendant’s ability to pay, and overturned verdicts inflate the average to a number that is really no longer meaningful. The better measure, the median verdict, was $149,411.

The breakdown of the injuries relative to the verdicts in the study was interesting:

October 19, 2010

Bard Avaulta Mesh Lawsuits

by Ronald V. Miller, Jr.

The C.R. Bard Avaulta vaginal mesh implanted to treat pelvic organ prolapse may put women at risk for internal injuries and urinary problems. Bard Avaulta mesh lawsuits allege that the defective design of the device may increase the risk of infection, erosion and other painful complications. Plaintiffs seek damages from C. R. Bard, Inc., which makes and sells Avaulta Plus and Avaulta Solo synthetic surgical mesh tissue supports.

Women suffer from pelvic organ prolapse often after childbirth or surgery. Pelvic organ prolapse affects a woman when organs near the pelvis drop from their normal position and put pressure on the vagina. Mesh products have been designed to address problems that stem from prolapse, which include difficulties with bowel and bladder functions or during sex.

The Bard Avaulta vaginal mesh lawsuits allege that the vaginal slings were negligently designed, causing pain and other complications. The problem for many vaginal mesh users has been an erosion of the mesh into the vaginal wall causing tearing, cutting, and sometimes permanent erosion of the vaginal tissues.

June 24, 2009

Average Personal Injury Verdict in Florida: Settlements and Jury Awards in Florida

by Ronald V. Miller, Jr.

The 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.

June 24, 2009

Florida Back Injury Settlements in Florida | Accident and Comp

by Ronald V. Miller, Jr.

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.

Average Back Injury Settlements (what can you expect as compensation for a back injury from a car accident)
Average Value of Florida Personal Injury Cases (statistics on Florida jury verdicts)

May 22, 2009

Florida Personal Injury Lawsuits: Value of Injury Cases

by Ronald V. Miller, Jr.

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.

November 26, 2008

Florida Jury Awards $3.5 Million in Defectively Implanted Pacemaker Medical Malpractice Claim

by Ronald V. Miller, Jr.

A Broward County, Florida jury has awarded $3.5 million to the family of a man who died 17 days after being implanted with a pacemaker. According to the family’s wrongful death lawyer, the jury found that doctors committed medical malpractice by not delaying the procedure because the man developed lung problems prior to the surgery.

November 18, 2008

Duragesic Pain-Patch Lawsuit Results in Another Pain Patch Verdict

by Ronald V. Miller, Jr.

Two units of Johnson & Johnson were ordered to pay $16.6 million to the family of a Chicago-area woman who died after using a Duragesic pain-patch. This is the 4th consecutive pain pump verdict against Johnson & Johnson in the pain pump litigation. Last month, a Florida jury awarded $13 million to the family of a woman who died after using a similar patch.

If you have a Duragesic pain patch case, call our attorneys at 800-553-8082.

November 3, 2008

ESPN Report on Central Florida Football Players’ Death

by Ronald V. Miller, Jr.

In the middle of all the recap of Sunday’s action in the NFL, ESPN had a sad story that I do not remember hearing about. A University of Central Florida football player who collapsed died in March during workouts in March. A former player was interviewed who suggested that the coaches were not paying attention to the stress the player was under and that the significantly understated the intensity of the workout. The family of the player intends to file wrongful death lawsuit in Florida against the school.

I can’t judge the merits of the case. But it is just awful to think that this death could have been averted but for some old school “there is nothing wrong with you, just suck it up” garbage from coaches.

July 14, 2008

United Auto in Florida: The Soap Opera Continues

by Ronald V. Miller, Jr.

United Automobile Insurance lawyer Charles Grimsley has agreed to a public reprimand for saying Miami-Dade judges “are being paid off” by plaintiffs’ car accident lawyers.

Grimsley was clearly agitated by the success of plaintiffs’ accident lawyers in small claims personal injury protection cases in Florida. In frustration, he said, “I think the judges are being paid off, but I can’t prove that.”

I think but I cannot prove. I think United Automobile Insurance is on the wrong side of justice in Florida because they are essentially taking premiums but fighting payout of too many valid claims under a scorched earth policy with its own insured. But I can’t see anything wrong with “I think but I cannot prove.” If we can only talk about what we can prove as opposed to what we suspect, the First Amendment is worth nothing. And lawyers are entitled to their First Amendment rights just like anyone else.

July 11, 2008

Lawyer Referring Clients to Doctors in Car Accident Cases

by Ronald V. Miller, Jr.

One dilemma we often face is dealing with a client in car accident cases is that they would like us to refer them to a health care provider. The best path is always to have client direct their own medical care. But in the real world, you cannot always do this. If you do refer a client to a doctor, here are few ideas to limit the damage of the classic cross-examination question: “You lawyer referred you to this doctor, didn’t he?”

First, file a motion in limine requesting that evidence of the attorney’s recommendation be excluded as protected by the attorney-client privilege. In a Florida personal injury car accident case, Burt v. Government Employees Insurance Co., 603 So.2d 125 (Fla. Dist. Ct. App. 1992), a Florida Court of Appeal was asked to decide if the following questions were permissible from the defendant’s accident lawyer: (1) when did they obtain an accident lawyer, and (2) did their lawyer refer them to a particular doctor? The Florida court ruled that the former question did not violate the attorney-client privilege but the second question, which sought to uncover confidential conversations between the accident lawyer and the client, was a violation of the lawyer-client privilege. Cite this case, argue that a rule requiring disclosure of such information is a significant incursion into the province of the attorney-client privilege, and take your best shot.

If your motion is denied, get it out up front in the opening the reasons why the client took a lawyer referral. What “excuse” do you give? Ask the client. Generally speaking, injured clients have a good reason why they wanted to defer to their counsel. They may not like or even have a primary care doctor, the client’s doctor’s office may be far away, or they may struggle to get an immediate appointment. In closing argument, tell them that the defense lawyer is trying to distract you from the real issues: the doctor is qualified to treat the patient and the patient is injured.