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 Recent Articles

Legal articles about Personal Injury written by Attorney James L. O’Leary to help you understand your rights.

Speaking Opportunities For Your Group or Organization

Florida Attorney James L. O’Leary is available to speak to organizations across South West Florida on the following topics: 1. Amending Florida’s Constitution: The Role of the Courts In this activity, participants learn about the methods of amending Florida’s Constitution and the role of the courts in reviewing such proposed amendments. 2. Judge for Yourself […]

Witnesses in Florida Civil Cases May Now Testify by Phone or Video

The Florida Supreme Court recently amended Florida Rule of Civil Procedure 1.451 to authorize a court to permit testimony at a civil hearing or trial by audio or video communication equipment. The rule requires that all parties to the litigation agree to the use of audio or video testimony, or absent such agreement, that the […]

Asking A Jury For Money

Asking A Jury For Money

The following is a verbatim copy of what a judge would read to the jury at the conclusion of a trial’s closing argument instructing the jurors what they are permitted to award in damages. In short, this is the list of topics where money can be recovered. 501.2 PERSONAL INJURY AND PROPERTY DAMAGES: ELEMENTS a. […]

Florida Adopts Stricter Standard for Expert Testimony

The general rule in Florida has been that a witness qualified as an “expert” because he or she has certain knowledge, skill, experience, training, or education may testify in the form of an opinion as to facts at issue in a case. The trial court judges have always served, and always will, as the judge […]

Adding e-discovery to find more case information

E-discovery has become more important with the rise of electronic communications. But how can we actually do e-discovery efficiently and effectively? There are many resources out there to aid but the first step is to use non electronic means to think about possible sources of discovery. Thinking this through by brainstorming can help map out […]

Thank You to Senator Bill Nelson on Behalf of My Client

When dealing with any aspect of government, it is critical that we always remember who is in charge: the citizens. Our government representatives are there to help us and serve us. If you do not ask for help, you will not get any. This month I was dealing with an issue for one of my […]

The Beauty of E-Filing

Since courts were first created, there has been paper. A lot of paper. Copies. Lots of copies. Staples, again lots. And envelopes. The legal system has to be one of the worst in terms of overuse of paper copies for this, that and everything in between. Enter e-filing. Florida attorneys no longer have to print […]

On Medicare & Involved in an Accident? What to do first.

If you are a Medicare recipient and have been involved in any type of accident, you should report it to the Medicare Coordination of Benefits office as soon as possible. Each year, Medicare pays for millions of dollars in medical bill claims for services related to car accidents, fall injuries, and other types of liability […]

Defeating or Reducing Medicaid Liens on Personal Injury Settlements

This past week the United States Supreme Court overruled a state law that provided for an automatic 1/3 reimbursement on a personal injury settlement for a state’s Medicaid lien. The case is attached to this blog post and is called Wos vs. E.M.A. In this case the state of North Carolina legislature had passed a […]