Florida Jury Instruction - 4.1 General Instruction With Defenses Based Upon False Application, Arson, And False Claim Form
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FAQ
Assumption of risk: whether (claimant) knew of the existence of the danger complained of; realized and appreciated the possibility of injury as a result of such danger; and, having a reasonable opportunity to avoid it, voluntarily and deliberately exposed [himself] [herself] to such danger.
A reasonable doubt as to the guilt of the defendant may arise from the evidence, conflict in the evidence, or the lack of evidence. If you have a reasonable doubt, you should find the defendant not guilty. If you have no reasonable doubt, you should find the defendant guilty.
?Clear and convincing evidence? is evidence that is precise, explicit, lacking in confusion, and of such weight that it produces a firm belief or conviction, without hesitation, about the matter in issue.
Instruction 401.12b (concurring cause), to be given when the court considers it necessary, does not set forth any additional standard for the jury to consider in determining whether negligence was a legal cause of damage but only negates the idea that a defendant is excused from the consequences of his or her ...
The Collateral Source Rule, codified at Florida Statute 768.76, in pertinent part, states that in any action where liability is determined and damages awarded, the court shall reduce the amount of award by the total amounts which have been paid for the benefit of the claimant.
The collateral source rule is a law in state jurisdictions that prevents the reduction of damages awarded to a plaintiff for injury, illness, or disability by the amount already recovered from a third party such as an insurer.
The mechanics of this statute are that: (1) amounts paid to a plaintiff from a collateral source can and do reduce the amount of the verdict, and this reduction will be applied by the court following the jury verdict; (2) but in nearly all instances, evidence of payments from collateral sources will not be presented to ...
The collateral source rule in Florida is a legal doctrine stipulating that any payments made to the injured victim by a third-party source, such as insurance or other benefits, should not be deducted from the economic damages awarded to the injured victim in a personal injury case.