Florida Personal Injury Lawsuits
Miller & Zois regularly handles personal injury cases all over the country by partnering with local counsel in other states. Florida is one of the states where we have an established working relationship with local Florida personal injury attorneys. This arrangement with our Florida injury lawyers allows us to accept all types of major personal injury cases in Florida including: medical malpractice; auto accidents; truck accidents; and more.
A claim for medical malpractice exists under Florida law when two basic elements can be proven by the plaintiff: (1) a doctor (or other healthcare professional) provides negligent treatment or medical care that falls below the accepted standard of care in that field of practice; and (2) that negligent treatment directly results in physical injury to the patient. In Florida, medical malpractice claims can be brought against doctors and any other healthcare professional licensed by the state (e.g., dentists, nurses, hospitals, physical therapists, etc.).
The statute of limitations for medical malpractice lawsuits in Florida is 2-years from the date that the plaintiff discovered or reasonably should have discovered that they had an injury and that it may have been caused by medical malpractice. The date that the 2-year period begins is called the “date of discovery.” In some cases (such as botched surgery) the date of discovery is the same date as the treatment. In other cases (such as failure to diagnose) the discovery date may not occur until months or years after the negligent medical care.
Like many other states, Florida has a law called a statute of repose that sets a maximum time limit for bringing a medical malpractice case regardless of when the injury and claim were discovered. Florida’s statute of repose for malpractice cases is 4 years from the date of the negligent medical care. This means all malpractice cases must be filed no later than 4 years of the alleged malpractice.
Approximately 60-75% of all plaintiffs who bring medical malpractice cases in Florida end up getting some financial compensation either in the form of a settlement or jury verdict. Most Florida medical malpractice claims settle out of court and only around 10% actually go to trial. For those med mal cases that do go to trial, plaintiffs in Florida only win about 15% of the time.
Miller & Zois is one of the leading medical malpractice firms in the Mid-Atlantic region and many of our medical malpractice lawyers are nationally recognized. Over the last decade we have recovered over $100 million in compensation for victims of medical malpractice. We have a level of skill and experience with complex medical malpractice cases that you may not find in local firms. If you choose M&Z to handle to your Florida medical malpractice case you will get to leverage all of our resources, experience and ability. We will work through local counsel in Florida at no additional cost to you. You get our experience and resources combined with local expertise. It’s like getting 2 law firms for the price of one. You also get access to our extensive network of medical experts from some of the most prestigious east-coast hospitals.
Florida has a “no-fault” system which requires drivers to get covered by their own insurer for an accident, regardless of who was at fault. However, if suffer serious physical injuries in the accident, Florida’s no-fault accident law allows you to sue the at-fault driver (and his or her insurance company) and hold them financially liable for the costs of any and all damages that directly result from the accident. Florida law permits injured drivers to recover damages for medical expenses, lost income, and also pain & suffering associated with physical injuries that they suffer in the accident.
Florida has a 4-year statute of limitations for auto accident lawsuits. This means that if you are seriously injured in an auto accident caused by another driver, you must file a lawsuit against that driver within 4 years of the date of the accident. If you don’t file within the 4 year period you will lose you right to bring any claim.
Florida is among the majority of states that follows a rule known as comparative negligence in auto tort cases. Florida has what is known as a “modified comparative negligence” standard. Under this rule a plaintiff’s damages can be reduced if they are found to be partially at fault for an accident. If the plaintiff is found to be 20% at fault, their damages will be reduced by 20%. If the plaintiff is found to be more than 50% at fault they cannot recover ANY damages.
The typical settlement value of an auto accident lawsuit in Florida depends largely on the type and severity of the plaintiff’s physical injuries. A case involving minor injuries (e.g., neck sprains or “soft tissue” injuries) may have an average value between $10,000 and $20,000. An Florida auto accident claim with moderate level injuries may be worth between $40,000 and $115,000 on average. Cases with the most serious injuries can be worth 2 or 3 times this average.
|2022||A 67-year-old woman with spina bifida came under a rehabilitation facility’s care for a leg fracture. She developed a Stage IV buttock bedsore. The woman was transferred to a hospital. She underwent a debridement. The woman developed an infection. She underwent IV antibiotics. The woman underwent two years of medical treatments. During that time, she developed multiple infections and was hospitalized several times. The woman also underwent a surgical reconstruction. She replaced her leg braces with a wheelchair. The woman could no longer use the bathroom on her own. She alleged negligence against the nursing home. The woman claimed its staff failed to appreciate and treat her bedsore, periodically reposition her, and provide appropriate care. A jury awarded $12,353,604.||$12,353,604 Verdict|
|2022||A woman underwent a hip replacement. The procedure was successful. The woman was transferred to another unit for post-surgical care. She fell from a chair while unattended. The woman used the call light. However, no one responded. The woman ultimately received help from her husband. She sustained femoral neuropathy. The woman alleged negligence against the hospital. She claimed its staff failed to appreciate her fall risk status, respond to the call light, and provide appropriate post-surgical care. The jury awarded $3,578,283.||$3,578,283 Verdict|
|2021||A man underwent a robot-assisted prostatectomy. During the procedure, the urologist tore his rectum. The man underwent multiple repair procedures. He developed incontinence and erectile dysfunction. The man alleged negligence against the urologist. He claimed he failed to repair the rectal tear, offer alternative treatment options, and timely follow-up.||$2,440,000 Verdict|
|2021||A man underwent a prostatic urethra repair and an abdominal perineal resection. He received a Foley catheter that was intended to stay in place for three to four weeks. Five days later, a nurse removed it. The doctor and nurse unsuccessfully attempted to reinsert the catheter. As a result, the man sustained a complete urethral transection. He died from cancer two years later. The man’s widow alleged negligence against the physician and nurse. She claimed they removed the catheter too soon and failed to review medical records.||$625,000 Verdict|
|2020||A woman fractured her ankle. She presented to the hospital. The woman received a cast. Five days later, she returned to the hospital. The woman was admitted. She came underwent an orthopedic surgeon’s care. The woman received heparin to prevent deep vein thrombosis. Three days later, she was transferred to another hospital. The woman received no DVT prevention treatments. She died weeks later. The woman’s husband alleged negligence against the orthopedic surgeon. He claimed he failed to timely prescribe additional Heparin following her transfer to the second hospital.||$30,000,000 Verdict|
|2020||An elderly man’s bloodwork revealed leukocytosis. His physician failed to address this during his examination. Sixteen months later, the man received a chronic myeloid leukemia diagnosis. He died within weeks. The man’s widow alleged negligence against the physician. She claimed he failed to follow up on the bloodwork and failed to refer him to a hematologist. The woman argued that timely treatments would have saved her husband’s life.||$4,725,962 Verdict|
|2019||Radiologist sued for failure to diagnose based on his negligent misinterpretation of chest x-ray resulting in subsequent death of patient from cardiac arrest.||$6,424,000 Verdict|
|2019||Dermatologist accused of negligently failing to timely diagnose malignant melanoma (skin cancer), allowing the cancer to progress to advance stage before treatment.||$500,000 Verdict|
|2019||Physician’s assistance at dermatology practice negligently performed laser skin procedure resulting in laser burn and ruptured tendon.||$132,018 Verdict|
|2019||Hospital and OB/GYN allegedly failed to diagnose placenta accreta during childbirth causing 34-year-old mother to die from blood loss. Timely diagnosis would have led to emergency c-section and saved her life.||$24,500,000 Verdict|
|2018||Plaintiff alleged that defendant doctor negligently recommended him for knee replacement surgery despite the fact that he was a high-risk candidate. He developed complications and infection which led to amputation of his left leg.||$11,882,175 Verdict|
|2022||A man was rear-ended. He suffered L3-4 and L5-S1 herniations and tears and an irritated L5 disc. The man alleged negligence against the at-fault driver. He claimed she failed to avoid a collision. The jury awarded $130,850.||$130,850 Verdict|
|2022||A 78-year-old passenger was involved in a rear-end collision. She suffered a rotator cuff tear and multiple herniated discs. The woman developed spinal radiculopathy. She alleged negligence against the at-fault driver. The woman claimed he failed to watch the road. A jury awarded $144,546.||$144,546 Verdict|
|2021||A man was struck by a tractor-trailer. He suffered right knee and shoulder injuries. The man alleged that the truck driver’s negligence caused permanent injuries. The defense contested his injuries.||$649,618 Verdict|
|2021||A man was struck by an underinsured motorist. He suffered C6-7 and C7-T1 herniations and an L5-S1 bulge. The man alleged negligence against the at-fault driver. He made a UIM claim against State Farm. The defense disputed the injuries’ nature and extent.||$197,322 Verdict|
|2021||A passenger was rear-ended. He suffered a C6-7 bulge, an L5-S1 herniation, left foraminal stenosis, and an annular fissure. The man underwent surgery. He alleged negligence against the at-fault driver. The man claimed he failed to slow down and maintain an appropriate lookout.||$4,358,336 Verdict|
|2020||A man was involved in a collision. He suffered a traumatic brain injury. The man was left incapacitated. He and his wife alleged negligence against the at-fault driver. They claimed she recklessly operated her vehicle.||$5,445,637 Verdict|
|2020||A 42-year-old motorcyclist was struck by a jackknifed tractor-trailer. He suffered a severe pelvis tear. The man sustained severe urethral and colon damage. He underwent pelvis surgery. The man was hospitalized for six months. During his stay, he wore a colostomy bag. The man was left with sexual function loss, paralysis, and right leg atrophy. He required round-the-clock care and arm crutches. The man alleged negligence against the truck driver. He claimed he sped in rainy conditions and failed to safely operate his vehicle.||$375,263,109 Verdict|
|2019||Plaintiff is struck while driving through intersection. He suffers herniated disc but defense disputes the extent of his injuries. Jury finds defendant was 61% at fault for the accident and awards $156,000 for past medica expenses and $110,000 for future medical expenses.||$266,000 Verdict|
|2018||Plaintiff is rear-ended while stopped at intersection in Broward County. Claims various neck and back injuries including a cervical disc herniation with continuing neck pain and bilateral hand numbness and tingling. Defense claims injuries were from pre-existing degenerative back condition.||$70,000 Verdict|
|2018||Pedestrian gets hits by landscaping truck at Broward County intersection cross walk and suffers broken arm and multiple disc herniations. Undergoes surgery with fixation hardware implanted.||$600,000 Settlement|