Last month, a state appellate court issued a written opinion in a Florida car accident case involving the issue of whether the lower court was proper to grant a new trial on all of the damages categories after finding that the jury’s award for future medical expenses was excessive. The court ultimately determined that, under Florida Statutes section 768.043(1), only the category found to have been excessive should be subject to a retrial.
The plaintiff was injured in a car accident with an uninsured motorist. Since the other driver did not have insurance, the plaintiff was forced to file a claim with her own insurance company, under the uninsured motorist (UIM) clause. Generally speaking, when a UIM clause is included in an insurance contract, the insurance company agrees to stand in the place of the uninsured driver. Thus, if the claim cannot be settled, the insurance company may be named as a defendant in a personal injury lawsuit filed by the plaintiff.