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Articles Posted in Fort Myers wrongful death lawyer

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Brewer v. State Farm Mutual Auto Ins. Co. – “Excessive” Punitive Damages

Punitive damages can be awarded in Florida personal injury and wrongful death lawsuits in which a defendant acted with gross negligence or intentional misconduct. The definitions of these terms are set forth in F.S. 768.72.  But while punitive damages may substantially increase the amount of a certain damage award, the…

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Report: Florida Fatal Van Crash Driver Impaired by Antihistamine

Little more than a year ago, the driver of a van full of churchgoers ran a stop sign and crashed in a shallow body of water off a Florida highway in Glades County, killing eight of the 18 passengers inside. Now, authorities say the driver may have been impaired by over-the-counter antihistamines.…

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Medical Malpractice Damage Caps to be Considered by Florida Supreme Court

The Florida Supreme Court has agreed to consider whether the 4th District Court of Appeals made the right call in finding damage caps on personal injury verdicts stemming from medical malpractice unconstitutional.  In the case of North Broward Hospital District v. Kalitan, defendant appeals finding that the $500,000 damage caps…

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Pornomo v. U.S. – Court Puts Brakes on Bus Accident Case

Concerns about bus and motor coach safety have increased in recent years with a number of high-profile accidents, many resulting in multiple fatalities.  Motor coaches are widely used for a variety of trips, including school sporting events, family vacations and outings for seniors. But a number of serious crashes have…

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Metro. Prop. & Cas. Ins. Co. v. Estate of Benson – Homeowners’ Insurance and Intentional Acts of Harm

Homeowners’ insurance is intended to provide compensation to those injured by members of the household. Usually, this coverage extends to incidents that occur in the home, on the property and sometimes out on the street (though incidents involving motor vehicles are generally excluded). However, almost all homeowners’ insurance policies have…

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