Defendant's Attorney: Tampa, Florida Insurance defense lawyers represented the Defendant.

Description: Tampa, Florida personal injury lawyer represented the Plaintiff who sued the Defendant on negligence theory claiming to have suffered more than $75,000 in damages and/or injuries.

This case was filed in the In the Tenth Judicial Circuit Court, Polk County, 2022-CA-004261, and was removed to federal court by the Defendant.

Florida personal injury negligence law falls under two main categories: negligence itself and comparative negligence as it applies to personal injury cases. Here's a breakdown:

Negligence:

To win a personal injury case in Florida due to negligence, you need to prove the following:
Duty of care: The defendant owed you a duty to act with reasonable care in the given circumstances.
Breach of duty: The defendant violated this duty by acting unreasonably (e.g., speeding, not following traffic signals).
Causation: The defendant's breach of duty directly caused your injuries.
Damages: You suffered actual damages, such as medical bills, lost wages, pain and suffering.

Comparative Negligence:

Florida uses a pure comparative negligence system. This means you can still recover damages even if you were partially at fault for the accident, but your award will be reduced by your percentage of fault.
For example, if you're found to be 30% at fault for the accident and the other party is 70% at fault, you can recover 70% of your total damages.

Key points to remember:

Negligence law applies to various personal injury cases, including car accidents, premises liability, medical malpractice, and product liability.
The burden of proof rests on the plaintiff (the injured person) to prove all elements of negligence.
Consulting with an experienced personal injury attorney can be crucial to navigating the legal process and maximizing your chances of a successful outcome.

Additional Resources:

Florida Bar Association: https://www.floridabar.org/
Florida Justice Association: https://www.myfja.org/
American Bar Association: https://www.americanbar.org/

Outcome: ENDORSED ORDER OF DISMISSAL. It is ORDERED that pursuant to Rule 3.09(b) of the Local Rules of the United States District Court for the Middle District of Florida and upon review of 20 the Mediation Report, this case is DISMISSED WITHOUT PREJUDICE. The Parties may, within sixty (60) calendar days from the date of this Order, submit a final stipulation of dismissal or any party may seek to reopen the case, upon good cause shown. After the sixty (60)-day period, the dismissal shall be with prejudice. Any pending motions are DENIED as moot. The Clerk is directed to CLOSE this case. Signed by Judge Mary S. Scriven on 12/27/2023. (KBC) (Entered: 12/27/2023)

Plaintiff's Experts:

Defendant's Experts:

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