Once the injury has occurred, the clock begins to tick. You have a limited time to file a product liability claim. In general, product liability claims are filed when a product has a design flaw or when a manufacturer has not provided adequate instructions or warnings for use of the product. In cases where the same product has caused injuries to several people, a class action lawsuit may occur. An example of that would be the Firestone or Ford Explorer cases from a few years ago.

These damages are awarded when the defendant’s behavior or intent has been found to be especially harmful. They are not usually awarded for breaches of contract unless the intent was “wanton, willful and deliberate.”

In Florida, punitive damages are limited to a maximum of three times the amount of compensatory (or actual) damages awarded, or $500,000 - whichever is greater, except under unusual circumstances.

Compensatory damages are awarded to compensate the injured party for injury or loss. The amount of these damages is based on the actual harm suffered by the plaintiff.  Actual damages are synonymous with compensatory damages.

In some cases, a plaintiff will be awarded “Treble damages.” In this scenario, the jury determines the amount of the actual damages and the court must award three times that amount.

Compensatory damages are awarded before Punitive damages are considered. Learn more about Punitive damages.

You may be offered a settlement by the other party. If your case is against an insurance company, remember that the company’s business model is to pay the smallest amount possible, so before you settle, make sure the amount will cover your injury related medical expenses, past and future.

The advantages of settling are that both parties know the outcome ahead of time. It is a quicker and less expensive route to take.  A settlement is likely to be for less money than you could get in court if you won the case.

So the considerations are:

• Have you consulted an attorney?
• How badly do you need the money?
• How strong is your case?
• Do you feel comfortable with your medical assessment?
• Are you sure the settlement amount covers all possible loss of income scenarios?

An experienced personal injury attorney will know if your case is strong and will guide you in the right direction.

Records surveillance, however, is not as expensive and is easier to track. Assume that the insurance company has access to all your records. Don’t try to hide income that you have stated you are unable to earn. Uncle Sam and the insurance company will find out.

As far as physical surveillance is concerned, if you believe someone is watching you and feel threatened or uncomfortable about it, do call the police. If you feel safe enough to confront the person on your own, you can do that as well. In either case, the surveillance is likely to end.

If surveillance found you doing things you claimed you were unable to do, the results may be presented to your physician who may change his or her diagnosis based on new findings. In this case the disability claim would be restructured or overruled.

Rule of thumb: Be honest about your disability. If there are no skeletons in the closet, they won’t be found.

What are the signs? Here are just a few:

• Noticeable video surveillance
• Repeated requests for documentation
• Request for face-to-face interview with claims representatives

Insurance companies are in the business to make money, not give it away. So it makes fiscal sense for them to deny or terminate benefits as frequently as possible. An in-home interview with a claims representative from the insurance company could have disastrous results for your claim, which is why we recommend legal representation. In the end it could save you from years of lost benefits and severe mental anguish. Insurance companies are not looking out for your best interests. They are looking at the bottom line.

Even if one party files for attorney fees, it’s unlikely that a decision on who will pay will be made until after the case settles. Fees, however, are usually paid up front, so both parties will have money out of pocket at some point, even if they are reimbursed later. 

The law firm of Orsini and Rose in South Florida has posted a blog that covers this subject more in depth. It includes an overview of something called ‘Request for Admissions,’ which allows you, in some circumstances, to request that certain information be submitted within 30 days. This can be a valuable approach in those cases where the other side is constantly delaying.

If, through mediation or another avenue, both parties agree on the terms, then yes, the divorce can be uncontested even if one party does not sign. If the parties cannot agree on terms, then it is a contested divorce.

But if the real question is, “Can I divorce my partner even if he or she does not want our marriage to end?” Then the answer is, “yes.” Florida is a No Fault Divorce state. In addition to not having to show cause, that means that if you think your marriage is over, you can file for divorce even though your partner wants the marriage to continue.

Examples:

• They accept a check from an insurance company for property damage.
• They fail to mention a previous accident or injury to our attorneys.
• They don’t seek medical treatment immediately after the accident, and instead try to “work through the pain.”

It’s important to realize that every action you take at an accident scene and afterward can be important to your case. Before acting, stop to ask yourself how your actions might be construed by insurers, medical professionals and the legal system. And if you have questions, contact an attorney immediately.

See a list of Do’s and Don’ts for accident victims in the state of Florida.

Product liability cases can take 18 - 22 months to resolve, and some can go on far longer. There are bound to be detailed investigations by experts from both sides of the case, which can extend the timeline.

If you are worried about attorney fees for your case, note that you are responsible only for those fees if we prosecute in your favor. You will pay a percentage of your settlement, and that percentage will be disclosed to you prior to an attorney taking your case.