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Kathy Arline has several years of experience in the insurance industry handling complex coverage and liability issues as well as personal injury, casualty and property loss claims. Her insurance experience reinforces her understanding of insurers’ requirements so she is able to provide responsive service with cost-effective results to her clients. Kathy is a civil litigator skilled in arbitration, mediation, alternative dispute resolution and negotiating settlements. She has more than 14 years of business experience, including retail management, project management/engineering, and insurance.  Her multidisciplinary background gives her a keen insight into the inner workings and the dynamics of a business.  Kathy offers clients a unique skill set and business-focused perspective to assist in advancing their legal objectives.

Ruling Makes It More Difficult for Defendants to Deal with Claims for Future Medical Expenses at Trial

It is not uncommon for a defendant in a product liability case at trial to be faced with an inflated and exaggerated claim for future medical expenses for the injured plaintiff. In those instances, the defendant will want to show that the plaintiff will be entitled to receive benefits from collateral sources in the future, which reduces the overall amount the plaintiff can recover from the defendant if it is found liable.

The Florida Supreme Court recently handed down a decision we believe will change the way personal injury claims are tried in Florida. In general, benefits awarded to the plaintiff from collateral sources are not admissible at trial under Florida law. This type of evidence is regarded as highly prejudicial to the plaintiff’s case. However, there are exceptions to this exclusionary rule, and in the past a defendant in a personal injury case was able to introduce evidence of benefits the plaintiff will receive from Medicare.

Continue Reading Florida Supreme Court on Evidence of Collateral Source Benefits