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Florida Wrongful Death Act – When is a spouse a surviving spouse?

Submitted by Maureen Martinez on 09 Nov, 2021

Under Florida’s Wrongful Death Act (“Act”), “survivors” is defined as: “Survivors” means the decedent’s spouse, children, parents, and, when partly or wholly dependent on the decedent for support or services, any blood relatives and adoptive brothers and sisters. It includes the child born out of wedlock of a mother, but…

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Punitive damages against an Entity

Submitted by Bryan McLaughlin on 27 Oct, 2021

Even if a Plaintiff is able to assert a punitive damage claim against an individual defendant driver, it is often very difficult to collect on such a claim because punitive damages are rarely covered by insurance in Florida. Accordingly, Plaintiffs often attempt to obtain punitive damages from not only a…

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Medical Bills: Letters of Protection and Liens

Submitted by Philip Wiseberg on 06 Oct, 2021

In personal injury litigation, many times a claimant will have seen a medical provider who has agreed not to receive payment at this time but will still provide services to the claimant. This is the norm for the vast majority of automobile bodily injury cases in Florida. This “IOU” scenario…

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