Florida Personal Representatives in Nursing Home Litigation Need to Read This Recent Fifth DCA Opinion, See Why.

Are you the personal representative of a Florida estate that is engaged in litigation against a nursing home? You may want to read this recent opinion about probate litigation and arbitration agreements that just came out of the Fifth District Court of Appeal. Can the estate be bound by an unfair arbitration agreement that caps liability for a nursing home in Florida?

Arbitration and ADR

• What is ADR?
• Probate attorneys Florida know that ADR or alternative dispute resolution is getting more and more common in all sorts of contracts.
• There has been a lot of litigation in Florida around nursing homes and wrongful death.
• This has created a new minefield of arbitration clauses that personal representatives in Florida have to deal with when prosecuting on behalf of a loved one’s Florida estate.
• What can estate attorneys Florida do to help?
• More than you may think.
• These agreements sometimes contain caps on damages which would make it impossible for the estate to recover meaningfully for the wrongs of a negligent nursing home.
• Estate attorneys Florida know that these caps may be contrary to the public policy of Florida and thus a court could deem them unenforceable.
• What does this mean for Florida probate litigation?
• Check out this recent case out of the Fifth District Court of Appeals to learn more about Florida probate litigation.

Estate of Novosett v. Arc Villages IL, LLC

• This was a case centered around an arbitration clause and a cap on damages.
• Basically to get into this nursing home senior citizens had to sign all of their rights away.
• Florida estate attorneys know that agreements like this are contrary to public policy and the Court can rule to not enforce them.
• What does the Court look to when it decides to not enforce an agreement on grounds of public policy?
• What about wills?
• Florida probate judges can choose to not enforce sections based on public policy too.
• When does that happen?
• What about will sections that make people not get divorces or convert their religion?
• Are those contrary to public policy?

Want to learn more?

Check out a free copy of the whole case by clicking here.

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