Insurance companies fight hard to minimize the amounts they have to pay out in claims, and if you won a large jury verdict, the insurance company may appeal in hopes of getting the verdict reversed or the jury award reduced. Likewise, if the carrier denied coverage, or if the jury verdict was not in your favor, you may have grounds for appeal on the issues of liability, damages, or procedural error. Some examples of errors committed at trial may include whether the testimony of expert witnesses was allowed, their testimony exceeded the scope of their qualifications as an expert, other evidence was admitted improperly, or the judge gave the wrong instructions to the jury. You only have a limited time of 30 days to appeal following a judgment, so it is important to have a qualified appellate attorney review the record or trial transcript to determine whether errors may have been committed which would justify a reversal on appeal.

At Bresky Law, our representation of plaintiffs or defendants in Florida personal injury appeals has encompassed a wide variety of legal and factual issues across many different types of personal injury cases and issues, including:

    Production of video store surveillance showing plaintiff’s slip and fall injuryMedical testimony on injuries in an automobile accidentScope of expert testimony in a negligent security assaultDismissal of nursing home abuse case for failure to attend case management conference

If you lost your case at the trial level, contact our office in Boca for a consultation with one of our experienced appellate attorneys to find out whether you should appeal your case to the Florida District Court of Appeals in your jurisdiction.  And if your opponent appeals, call us to discuss defending against the appeal.

Recent Successes in Florida Personal Injury Matters

In the case of Rojas v. Aristizabal, our client won a jury award of $185,277 in a Miami trial court for injuries arising out of an automobile accident. The defense appealed the final judgment to the Florida Third District Court of Appeal on the grounds that our client allegedly did not provide sufficient testimony to admit the medical bills into evidence, such as by having a medical expert testify at trial. We prevailed on appeal by arguing successfully that the evidence presented at trial was sufficient, and the Third DCA affirmed the jury verdict.

The case of L.B. v. Naked Truth III, Inc. dealt with a clerk at an adult retail store who was robbed and raped at gunpoint. The victim sued the store for negligent security, arguing that the store did not provide adequate security on the premises in light of a history of previous violent crimes at the store and in the vicinity. The defense’s own expert admitted that the store did not have adequate security in place, but because the judge allowed in prejudicial testimony of the expert that this particular crime was “victim-targeted” and could not have been foreseen or prevented by reasonable security measures, the jury at trial returned a zero verdict. Our attorney on appeal was able to have the case reversed and remanded due to error in allowing the expert’s prejudicial testimony which was beyond his scope as an expert to opine upon. The defense sought a rehearing, but we were again successful in having the store’s motion for rehearing en banc denied.

See our Notable Cases page for more information on these cases and summaries of other representative victories we have obtained for our clients.