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Presser Law, P.A. > Posts tagged "personal injury attorney"

What Is the Federal Tort Claims Act

US National Capitol in DC

The Federal Tort Claims Act (FTCA) is the exclusive means by which a party may seek financial compensation for injury caused by a federal employee.  The Federal Tort Claims Act sets forth the procedure for when, and how, to file a claim for injury caused by a person acting on behalf of the United States.  This complex law provides limited waiver of sovereign immunity by the government to redress physical injury.  Under the Federal Tort Claim Act the federal government acts as a self-insurer for the wrongs committed by employees acting within the scope of their official duties.  A common example...

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Obtaining Medical Records During a Lawsuit

Obtaining Medical Records During a Lawsuit

Florida maintains a very broad constitutional right to privacy.  This right to privacy extends to medical records.  However, this does not mean they will remain private forever. Injury Victims & Their Medical Records When injury victims file a lawsuit for injuries caused by another person, their health becomes a central issue to the case.  This allows the at-fault party to engage in discovery of an injury victims’ relevant medical history both before and after the incident.  These medical records become central to any trial where causation of the injury is disputed such as herniated discs, spinal injuries, torn ligaments, or other non-obvious...

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Florida’s Comparative Fault Law

court in session for personal injury law case

Florida's Comparative Fault Law Florida is currently a comparative fault state.  However, it has not always been that way.  In 1886, the Florida Supreme Court in Louisville and Nashville Railroad Co. v. Yniestra would hold that Florida was a contributory fault state.  Florida state courts would uniformly follow the Yniestra opinion for the next 87 years.  In 1973, the Florida Supreme Court, in  Hoffman v. Jones, would recede from Yniestra and establish comparative fault as the rule for Florida in negligence cases.  In 1986, the Florida legislature would codify Florida’s comparative fault through Florida Statute § 768.81.   Difference Between Comparative Fault and...

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Dennis Rodman and Your Car Accident or Injury Settlement

Personal injury blog on settlement agreements and taxes

How Dennis Rodman Plays a Role in Your Car Accident or Injury Settlement Most people do not know how Dennis Rodman influences their car accident and personal injury settlement. The story, just as Dennis Rodman himself, is an interesting one. Background It is not often that professional sports and personal injury law intersect.  However, thanks to Dennis Rodman, that is exactly what happened in 2003. Basketball fans will remember that in the 1990’s, no team was better than the Chicago Bulls. Led by Michael Jordan, the Chicago Bulls won 6 championships in 7 years. The Chicago Bulls dominated the league. In the 1995-1996 season,...

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Understanding Florida’s “Full Coverage” Myth

Injury Law Myths

What Does Full Coverage In Florida Mean? Have you ever heard someone say that they are “fully insured” or have “full coverage” in regards to car insurance?  If you have, chances are the person who said that is not actually “fully insured” at all. In Florida, there are several types of different coverages available to drivers under their car insurance policies.  These coverages include Bodily Injury, Property Damage, Uninsured Motorist and Personal Injury Protection.  Each of these coverages insures something different.  Examples include Bodily Injury Coverage and Uninsured Motorist Coverage.  Bodily Injury Coverage insures an at-fault driver for injuries they cause to...

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