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 Circuit Court Hillsborough County, 23-CA-016611, and was removed to federal court by the Defendant.

Florida Personal Injury Law

What is Personal Injury Law?

Personal injury law encompasses legal cases where someone suffers physical or emotional harm due to another person's negligence or intentional wrongdoing.

Key Aspects of Florida Personal Injury Law:

Negligence: To win a personal injury case in Florida, you must prove the defendant was negligent. This means they:
Owed you a duty of care.
Breached that duty by acting unreasonably.
Caused your injuries through their breach of duty.
Comparative Negligence: Florida follows a pure comparative negligence system. This means you can recover damages even if you were partially at fault for the accident, but your award will be reduced by your percentage of fault.
Image of gavel and scales of justice, symbolizing the Florida legal system Opens in a new window
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gavel and scales of justice, symbolizing the Florida legal system
Damages: If you win your case, you may be entitled to compensation for:
Medical expenses
Lost wages
Pain and suffering
Emotional distress
Property damage
Statute of Limitations: You generally have 4 years from the date of the accident to file a lawsuit.

Common Types of Personal Injury Cases in Florida:

Car accidents
Truck accidents
Motorcycle accidents
Premises liability (e.g., slip and fall accidents)
Medical malpractice
Product liability
Wrongful death

Additional Information:

Florida has a no-fault car insurance system, which means that your own insurance company pays for your medical expenses, regardless of who caused the accident. However, you can still file a lawsuit against the at-fault driver for other damages, such as pain and suffering.

It is highly recommended to consult with an experienced personal injury attorney if you have been injured in Florida. They can help you understand your legal rights, investigate your case, and negotiate a fair settlement or represent you in court.

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Federal courts have jurisdiction over civil cases involving citizens of two states under diversity jurisdiction. This means that if the plaintiff and the defendant are citizens of different states, and the amount in controversy exceeds $75,000, the case can be heard in federal court.

Here's a helpful image to visualize the concept:
Image of Venn diagram showing the overlap between federal and state court jurisdiction, with a specific section highlighted for diversity jurisdiction involving citizens of two states Opens in a new window
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Venn diagram showing the overlap between federal and state court jurisdiction, with a specific section highlighted for diversity jurisdiction involving citizens of two states

Key Points to Remember about Diversity Jurisdiction:

Citizenship: Both the plaintiff and the defendant must be citizens of different states. This means that a case between a resident of California and a resident of New York would qualify for diversity jurisdiction. However, a case between a resident of California and a resident of Nevada would not, as they are both citizens of the same state.
Amount in controversy: The amount in controversy must exceed $75,000. This means that the total value of the plaintiff's claims must be at least $75,000.
Complete diversity: All plaintiffs must be citizens of different states than all defendants. This means that a case between a California resident and two defendants, one from New York and the other from Texas, would not qualify for diversity jurisdiction because there is not complete diversity.

Benefits of Filing in Federal Court:

Neutrality: Federal judges are not elected by the public, which can help to ensure that they are neutral in cases involving out-of-state parties.
Uniformity of laws: Federal courts apply federal law, which can be more predictable than state law.
Larger resources: Federal courts often have more resources than state courts, which can lead to faster resolution of cases.

It's important to note that diversity jurisdiction is just one of many factors that can affect where a civil case is filed. Other factors, such as the nature of the claims and the convenience of the forum, can also be important. If you are involved in a civil case that may qualify for diversity jurisdiction, it is important to consult with an attorney to discuss your options.

Outcome: 01/03/2024 14 ENDORSED ORDER: Based on Defendant Cognizant Technology Solutions U.S. Corporation's response to the Court's order to provide additional information about the amount in controversy (Doc. # 13) and the attached Plaintiff's Stipulation on Damages (Doc. # 13-1), this case is remanded. The Clerk is directed to remand the case to the Thirteenth Judicial Circuit in and for Hillsborough County, Florida, terminate any previously scheduled deadlines, and thereafter close the case. Signed by Judge Virginia M. Hernandez Covington on 1/3/2024. (JAK) (Entered: 01/03/2024)

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