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Nicholas Freeman, deputy managing partner of the Orlando office, has devoted his entire legal career to civil trial practice. Nick has extensive experience defending product liability claims for manufacturers in numerous industries and provides coverage advice to insurers in the areas of professional liability, commercial general liability contingency, directors and officers, product recall, inland marine, and life, health and disability. He also specializes in representing business owners involved in catastrophic premises liability claims. Other areas in which Nick focuses include insurance coverage, professional liability and trucking and transportation litigation. In each of these, he has obtained summary judgments, defense verdicts and appellate victories in state and federal courts.

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