Florida Personal Injury Lawyer Blog

Ideally, this article will be utilized frequently by our readers in the near future. You have battled the adjuster, the defense attorney, the judge, and the jury and won a victory for your client; and to the victor goes the spoils. Hopefully, you filed a proposal for settlement entitling you to fees, but regardless, as the prevailing party, you are entitled to reimbursement of your reasonable costs.
Pursuant to Florida Statute 57.041, a prevailing party is entitled to reimbursement of costs as follows:

1.The party recovering judgment shall recover all his or her legal costs and charges which shall be included in the judgment; but this section does not apply to executors or administrators and actions when they are not liable for costs.

2.Costs may be collected by execution on the judgment or order assessing costs.

Continue reading "FL Trial Lawyers -The Reality of Recoverable Costs" »

Posted by Jason W. Weisser | Permalink | Email This Post

Posted In: Academy of FL Trial Lawyers Articles

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During the course of our practice many of us have encountered or will encounter the affirmative defense of the Plaintiff’s failure to use a seatbelt. Unfortunately, the battle over the seatbelt defense has ended with a resolving defeat for the Plaintiffs. Over the course of time, the case law and the jury instructions relating to the use of the seatbelt defense have placed Plaintiffs in a precarious position.

Florida Statute 316.614 governing seatbelt usage reads as follows:

4. It is unlawful for any person:

(a) To operate a motor vehicle in this state unless each passenger of the vehicle under the age of 18 years is restrained by a safety belt or by a child restraint device pursuant to Section 316.613, if applicable; or

(b) To operate a motor vehicle in this state unless the person is restrained by a safety belt.

5. It is unlawful for any person 18 years of age or older to be a passenger in the front seat of a motor vehicle unless such person is restrained by a safety belt when the vehicle is in motion.

This statute has placed the burden on Plaintiffs, both as operators and passengers in motor vehicles, to be restrained by a seatbelt.

Continue reading "FL Trial Lawyers - How the Plaintiff’s Have Been Restrained by the Seatbelt Defense" »

Posted by Jason W. Weisser | Permalink | Email This Post

Posted In: Academy of FL Trial Lawyers Articles

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