South Florida Injury Lawyer Blog

Can the Time to Accept a Proposal for Settlement be Extended?

Published on: April 25, 2020 | Anthony Quackenbush, Esq.

Can the Time to Accept a Proposal for Settlement be Extended?

Although the case law isn’t entirely clear on whether or not the time to accept a proposal for settlement can be extended, there are certainly good arguments that it cannot. For example, Florida Statute 78.79 and Rule 1.442 contain no provision for extending the time to respond to a Plaintiff’s proposal for settlement. In contrast, they state in no uncertain terms that a proposal for settlement must be responded to within 30 days.

Additionally, at least one Court has found that a motion to enlarge the time to respond to a proposal for settlement does not toll the acceptance period. State Farm Mut. Auto Ins. Co. v. South Florida Med. Health Center, 24 Fla. L. Weekly Supp. 21 (Fla. 11^th Cir. Ct. 2016). In that case, the Plaintiff filed a motion to enlarge the time to respond to a proposal for settlement. After the motion was filed, the Defendant never withdrew the proposal for settlement – and the Plaintiff subsequently accepted the proposal for settlement on the 40^th day after the proposal for settlement was conveyed. The appellate Court held that the motion to enlarge did not toll the acceptance period. The Court pointed out that Florida Statute 768.79 and Rule 1.442, which govern the use of proposals for settlement, must be strictly construed to permit only 30 days to accept a proposal for settlement.

Documents You Need for a Malpractice or Injury Lawsuit

Published on: April 15, 2020 | Anthony Quackenbush, Esq.

When you’ve been injured, whether through medical negligence or an accident, you’ll need to bring your attorney certain documentation in order to build a case for your personal injury or medical malpractice lawsuit.

Injuries that could lead to a lawsuit

Injuries can come from a wide variety of accidents or incidents, for example: vehicular accidents including autos, motorcycles, bicycles, off-road vehicles, and airplanes; pedestrian accidents; slip-and-fall or other premises accidents; dog bites or other animal attacks; and defective products.

Liability for Pedestrian Accidents in Florida: Can You Get Compensated?

Published on: March 26, 2020 | Anthony Quackenbush, Esq.

Florida’s no-fault laws require every driver to carry personal injury protection (PIP) offering up to $10,000 coverage for financial losses, such as medical bills or lost wages. In the case of an accident, your Florida PIP policy will be activated, even if you’re injured as a pedestrian.

However, injuries from a pedestrian accident can often be serious and resulting expenses can be high. That is why you should consider taking additional steps to recover financial losses and reimbursement for pain and suffering. But who is liable?

Determining negligence

When Should I File a Personal Injury Lawsuit in Florida?

Published on: March 26, 2020 | Anthony Quackenbush, Esq.

When it comes to personal injury lawsuits and compensation, it is best to begin talking to a lawyer as soon as possible. Whether you’ve been in a car accident, injured at work or in a public place, or experienced medical malpractice or other injury or illness, your lawyer will need to collect evidence while it is available and question witnesses while things are fresh in their minds, then file before the statute of limitations deadline.

Statutes of Limitations

Florida Statutes Section 95.11 governs how much time a person has to file a lawsuit. The limitations vary depending on the type of crime, injury, or incident. In cases of personal injury, limits range between two and four years, as listed below: