Florida Tort Law Essay Rules PDF

**[PIP Coverage]** Under Florida's no-fault insurance laws (PIP coverage), an accident victim's own auto insurance will pay the first \$10K of out-of-pocket expenses. More significant damages may be recovered in an action for negligence against the person or entity responsible for plaintiff's injur...

**[PIP Coverage]** Under Florida's no-fault insurance laws (PIP coverage), an accident victim's own auto insurance will pay the first \$10K of out-of-pocket expenses. More significant damages may be recovered in an action for negligence against the person or entity responsible for plaintiff's injuries. **[Negligence]** To prevail in an action for negligence, the plaintiff must prove duty, breach, causation, and damages. **Duty -- General** A duty of care is owed to all foreseeable plaintiff's i.e. the class of people who are foreseeable to be endangered by the defendant's conduct. This is an objective standard based on what a reasonably prudent person would do in like circumstances. **Duty -- Medical Provider** For doctors and other healthcare professionals, Florida law imposes the level of care, skill, and treatment which, in the light of the circumstances, is recognized as acceptable and appropriate by a reasonably prudent similar healthcare provider. **If Traffic Violation** In Florida, a breach of a traffic violation serves as prima facie evidence of negligence. **Causation** To prove causation, the plaintiff must show that the defendant's actions were the factual and proximate cause of their injury. An act is the factual cause if the plaintiff's injury would not have occurred **but-for** the defendant's act. Proximate cause is based on the foreseeability test, which makes the defendant liable for all harmful results that are the normal incidents of and within the increased risk caused by the defendant's negligent act. **Intervening Cause** An intervening cause occurs after the defendant's negligent act and combines with it to cause injury to the plaintiff. If the intervening force was foreseeable, it does not cut off the defendant's liability. **Superseding Force** A superseding force is one that serves the break the causal connection between a defendant's initial negligent act and the ultimate injury, and itself becomes a direct, immediate cause of plaintiff's injury which relieves the defendant of liability. **Joint and Several Liability** Joint and several liability is not available in Florida. In determining the shares of liability, the relative degrees of fault are used to apportion liability. **Damages -- General** Under Florida law, a plaintiff is entitled to receive compensatory damages (past and future economic damages, lost wages and medical expenses, and non-economic damages of pain and suffering). Florida follows the modified comparative fault doctrine, whereby a plaintiff's award will be reduced by their own negligence. Plaintiffs found to be more than 50% at fault in a non-medical action will be barred from recovery. **Damages -- Medical Negligence** Florida applies the modified comparative negligence doctrine to medical negligence actions. In these cases, a plaintiffs award will be reduced by their own negligence, but the plaintiff can recover no matter their percentage of fault. **Good Samaritan Law** Florida's Good Samaritan law provides protection from civil liability to any persons, including licensed medical professionals, if they aid a victim of an accident in good faith and using ordinary care at the scene of the accident. Any healthcare professional obligated by law to provide emergency services shall not be held liable for any civil damages unless the treatment evidence a reckless disregard for the life or health of another. "Reckless disregard" is conduct a healthcare provider knew or should have known, at the time such services were rendered, created an unreasonable risk of injury to the health or life of another, and such risk was substantially greater than necessary to make the conduct negligent. **[Medical Malpractice]** A medical malpractice suit requires a pre-suit expert opinion and 90-day pre-suit notice. **[Waiving Lawyer of Client's Choice]** A client may waive any rights under Article I Section 26 of the Florida Constitution to obtain a lawyer of the client's choice. The waiver must be in writing, under oath, and in the form provided by the rule after the client has been afforded a complete opportunity to understand the rights being waived. **[Contingency Fees]** The amount of the attorneys contingency fee compensation must conform to fee limitations set forth by applicable Florida Bar guidelines. **Association** The Florida Rules of Professional Conduct permits association with another experienced attorney to satisfy the competency requirements and to split a contingency fee. In Florida, each participating attorney must assume joint liability for the client's representation and a written agreement is to be signed by the attorneys and the client. **Splitting Contingency Fees** A fee can be shared by lawyers of different firms if the total fee is reasonable and the lawyers follow one of the two methods set forth in the rule. The first method is to share the fee in proportion to the services performed by each lawyer. The second method is to have a written agreement between the lawyers and the client where each lawyer assumes joint legal responsibility for the representation and agrees to be available for a consultation with the client. The second method also requires the written agreement to disclose that the fee will be divided and how it will be divided. Prior to signing the agreement, the client must receive the Statement of Client's Rights as required by the Florida Bar rules.