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Personal Injury Jury Instructions

PERSONAL INJURY JURY INSTRUCTIONS When considering how much to demand for a personal injury, your accident attorney will review the amount of damage that you have incurred, and will continue to incur in the future. Medical bills, lost wages, and future medical bills are examples of the types of damage that is recoverable. Insurance adjusters are not considering the types of instructions levied to the Jury, but attorneys should when contemplating the types of compensation that will or could be awarded. § 501.1 Personal Injury and Property Damages When it is proven during a trial that Defendant is liable for the accident, the Court instructs the Jury write on the verdict form, in dollars, the total amount of loss, injury, or damage which the greater weight of the evidence shows will fairly and adequately compensate him or her for the loss, injury, or damage, including any damages that he or she is reasonably certain to […]

By |2017-05-18T18:53:16+00:00August 6th, 2014|Car Accident, Civil Litigation, Personal Injury, Slip & Fall|Comments Off on Personal Injury Jury Instructions

Bobby Bowden Personally Injured

Car Accidents are tragic events that alter the lives of not just the physically injured, but also the families.  It is particularly tragic to read about personal injury car accidents that occur at or around the holiday season.  Unfortunately, nobody is immune to personal injury car accidents.  This holiday tragedy struck former Florida State football coach Bobby Bowden and his family.  Bobby Bowden lost his grandson just after […]

By |2017-05-18T18:53:18+00:00December 27th, 2013|Car Accident, Civil Litigation, Personal Injury|Comments Off on Bobby Bowden Personally Injured

Personal Injury Attorney Reviews Casteel v. Maddalena

In Casteel v. Maddalena, the Court of Appeal for the Second District examines whether a witness that provides unexpected false testimony to a personal injury attorney during trial can be used to obtain relief from the judgment based on newly discovered evidence and/or fraud.[1] In the instant case, John Casteel was riding his motorcycle.  It is not in dispute that he pulled up to a stop sign on the right side of a four lane roadway, separated by a median.  Casteel claims that he crossed halfway across the four lane highway and stopped on the median and put his foot on the ground to steady his motorcycle while he waited for the traffic to clear from the traffic flowing in the opposite direction.  It was during this time that Casteel alleges Anna Maddalena struck Casteel with her vehicle.  Maddalena disputes this account, and instead indicates that Casteel was still crossing the road when she hit him.  Maddalena further testified to a personal injury attorney that she was within her lane when she hit Casteel.  Based on their testimony, a jury in the personal injury litigation placed Casteel 55% liable for the accident, while Maddalena was found to be 45% liable. A major portion of dispute argued by the personal injury attorneys was the exact location of the accident.  Casteel’s girlfriend, Melanie Lopez, surprised the court when she testified to the personal injury attorney that she viewed skid marks at the scene.  Lopez’s testimony was a surprise to Maddalena because Lopez claimed that the roadway had been paved the day before.  This testimony would solidify that Maddalena’s vehicle caused the skip marks because there it would be unlikely that any other vehicles skid since the fresh [...]

By |2017-05-18T18:53:18+00:00December 25th, 2013|Car Accident, Civil Litigation, Personal Injury|Comments Off on Personal Injury Attorney Reviews Casteel v. Maddalena

Shirey v. State Farm

In Shirey, v. State Farm, the  Fourth District Court of Appeal of Florida received the case on remand from the Supreme Court of Florida as a result of a reversal of precedent that established a presumption of negligence on the part of the rear driver in a rear-end collision. [1]  In this case the majority reversed the final summary judgment in light of […]

By |2017-05-18T18:53:18+00:00December 19th, 2013|Car Accident, Civil Litigation, Personal Injury|Comments Off on Shirey v. State Farm

Broward County Bus Drivers

Accidents are common on the fast paced roads of South Florida.  Broward County bus drivers are particularly at fault for causing personal injury to other drivers.  The Sun Sentinel reports that as many as 59 drivers of the 629 bus drivers have caused repeated accidents over a six-year period. [1]  This has likely caused injuries to not only to other drivers, but also to the passengers of the bus.  In many cases however, a personal injury attorney is limited in […]

By |2017-05-18T18:53:19+00:00December 19th, 2013|Car Accident, Civil Litigation, Personal Injury|Comments Off on Broward County Bus Drivers