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Additur for Future Pain and Suffering Damages

When a jury’s verdict is unreasonably low, the presiding judge may increase it by awarding an additur pursuant to Florida Rule of Civil Procedure 1.530 and Section 768.74, Florida Statutes. However, as to damages for future...more

A Quick Note about Removal with Less Than $75,000 in Medical Specials

Removing a case to federal court requires diversity of citizenship and an amount in controversy of more than $75,000. In a personal injury case, the easiest way to prove the amount in controversy is to show medical specials...more

11/14/2023  /  Citizenship , Diversity , Medical Expenses

A Quick Note about Pain and Suffering Disclosures in Federal Court

In federal court, personal injury plaintiffs are required to disclose a computation of each category of damages. Fed.R.Civ.P. 26(a)(1)(A)(iii). Past medical expenses and past lost wages are easy. But for pain and...more

A Quick Note About Florida PIP Setoffs Without PIP Insurance

Generally, Florida drivers are required to carry $10,000 in personal injury protection insurance.  Fla.Stat. § 627.736.  After a car accident, PIP benefits are paid toward the insured’s medical expenses, regardless of fault,...more

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