Malicious Prosecution

In blog posts written on September 15, 2013 and September 19, 2013 I discussed the tort of false arrest. Oftentimes this tort gets confused with the tort of malicious prosecution. There are two key difference between the two. First, in a false arrest action the party that committed the wrongful detention or arrest has the burden of proving Read More »

Business Litigation Piercing The Corporate Veil

Since the dawn of capitalism in America entrepreneurs who have taken the risk of starting their own business or who have invested money or other “capital” to start a business with others, have sought to limit their personal liability for actions or debts related to the operation of the business. Accordingly, over the years various federal and state Read More »

Overview Of Personal Injury Lawsuit Part Vii Trial

Going to trial is one of the most exciting and stressful times for a trial lawyer and his client. Both have “lived” with the case for months or years. The client may still be experiencing pain and other symptoms from the injury that prompted the lawsuit and may in fact be at trial to get the money that Read More »

Overview Of Personal Injury Lawsuit Part Vi Mediation

With rare exception, a civil case – including a personal injury lawsuit – cannot proceed to trial unless the parties have first tried to settle the case at mediation. The underlying purpose of mediation is to ease the burden of overcrowded trial dockets. Each party must attend the mediation in “good faith” and have full authority to enter into a Read More »

Overview Of Personal Injury Lawsuit Part V The Litigation Process

The  word “litigate” means “to make the subject of a lawsuit” or a “contest at law.” Once a complaint is filed by the plaintiff the litigation process begins and each party will, over the course of the next several months or years, attempt to build a case against the other party in order to force that party to either accept a Read More »

Overview Of Personal Injury Lawsuit Part Iv Filing The Lawsuit

When settlement negotiations with the at-fault party or their insurance company fail I file suit. This is no easy decision for me or the client. For the client, the contingency fee that they agreed to pay me at the outset of representation now increases from 33 1/3% to 40% anytime after the at-fault party answers the Complaint. For me, the contingency Read More »

Overview Of A Personal Injury Lawsuit Part Iii Pre Suit Settlement Process

Once the client reaches what is known as “maximum  medical improvement” – the point at which he or she is not going to get any better from  a medical standpoint – then I sit down and prepare a settlement demand letter to the at-fault party’s insurance company or self-insured entity. Included in that settlement demand is documentation showing Read More »

Texting While Driving

Effective  today, October 1, 2013, Florida’s ban on texting while driving law, Florida Statute, 316.305, goes into effect. One of the stated purposes of the law  is to “improve roadway safety for all vehicle operators, vehicle passengers,  bicyclists, pedestrians, and other road users.” In my opinion, however, the law has no teeth. In order to be cited by a Read More »