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$28 Million Damage Case Highlights Florida Collateral Source Rule: what probate litigation attorneys need to know

Uncategorized • Jan 12, 2016
post about $28 Million Damage Case Highlights Florida Collateral Source Rule: what probate litigation attorneys need to know

Damages are always an important part of your probate litigation Florida case. Damages are typically the “last” element which your Florida probate lawyer needs to prove at your inheritance trial. So, if you have a tortious interference with expectancy or inheritance lawsuit in Palm Beach, or perhaps a will challenge in Delray Beach, remember to prove damages and understand how you are going to prove damages. A recent Palm Beach appeals court case involving a  $28 Million medical malpractice case highlights the importance of damages at trial, and on appeal, and also thecollateral source rule in Florida. 

How do I prove my probate Florida damages?

  • Ask any Florida trust lawyer and they will tell you that the Trust Code has a special section or law on damages in trust lawsuits
  • But damages may be more challenging in negligence cases or when there may be two or more people involved
  • Let’s say that you sue two people or companies in a Boca Raton trust lawsuit or a Florida probate or estate matter
  • What if you settle with one person but not the others?
  • What is admissible into evidence in a Florida probate trial ?  Can your estate lawyer Palm Beach tell a jury or a judge about what you settled for with, say, your trustee or a co trustee, or a fiduciary who had a power of attorney?
  • Does the ability to get damages or a settlement from another source or defendantaffect what damages you can get from the only defendant at trial?
  • Consider reading this recent January 6, 2016 4th District Court of Appeal case to review the collateral source rule in a medical malpractice setting
  • Also note the testimony of the future expenses, or damages, and the use of an expert, to offer testimony about that
  • The point I’m making?  Probate litigation law firms Florida should have a good idea ofhow they are going to introduce evidence and prove damages, whether those damages are for past wrongs, present wrongs or future damages and whether an expert will be used
  • Finally, remember that the collateral source rule is both a rule of damages and a rule of evidence
  • You should 4 cases in Florida tounderstand the collateral source rule:  Jeanne Uy Go, MD v. Normil, Gormley v. GTE Prods. Corp, 587 So. 2d 45 (Fla. 1991), Florida Physician’s Ins. Reciprocal v. Stanley, 452 So. 2d 514 (Fla. 1984), and Joerg v. State Farm Mut. Auto. Ins. Co., 40 Fla. L. Weekly S 553 (Fla. Oct. 15, 2015) (which receded from Stanley).

Here is a copy of the 4th DCA appeals court opinion of Normil:http://4dca.org/opinions/Jan.%202016/01-06-16/4D13-88.op.pdf

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