Saunders Law Group

June 2014 Archives

Are Florida Residents Entitled to Mediation for Disputed Property Insurance Claims?

Florida Statute sec. 627.7015 sets out a mediation requirement that insurers must offer to policyholders for disputed property insurance claims under personal lines and commercial residential policies that must take place before the appraisal process has started or before any lawsuits have been filed. As most of these types of policies require participation in an adversarial appraisal process, this law is designed to assist policyholders by providing with them an informal, unintimidating forum to resolve these disputes before they reach the expensive, protracted adversarial appraisal process stage.

How Are Damages Determined in a Personal Injury Case?

Many people wonder how much money a case is worth. While it is impossible to predict the exact sum a jury will award, understanding how damages are awarded helps bring a case's value better into focus. To recover damages in a personal injury case in Florida, the Plaintiff must first prove the following: the Defendant owed a duty to the Plaintiff to use reasonable care, breached that duty, and, as a result, caused the Plaintiff's injuries. The Plaintiff must also prove he or she has actual damages as a result of his or her injuries. Damages are not presumed in negligence cases (as opposed to intentional torts cases). These elements must be proven by the greater weight of the evidence, which means evidence that is more convincing compared to the other side's evidence. (Some refer to this as "tipping the scales:" a Judge or jury needs to be convinced by 51% that the Plaintiff's evidence was more persuasive).

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Saunders Law Group

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Bartow Office
480 S Broadway Ave
Bartow, FL 33830

Phone: 863-578-4755
Fax: 863-533-5800
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Lakeland Office
500 S. Florida Avenue
Suite 400-4
Lakeland, FL 33801

Phone: 863-800-3343
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