If I Am On Vacation Out-Of-State Or In A Foreign Country And Become Injured, Can I Litigate My Case In My Home State Of Florida?

Maybe – the Court must consider a 4-prong test to determine whether the equities (i.e. fairness) favor keeping your case in a Florida courtroom. This test is commonly referred to among attorneys as the Doctrine of Forum Non Conveniens. The Forum Non Conveniens test is best discussed in the 1996 Florida Supreme Court case of Kinney Sys. v. Cont’l Ins. Co., 674 So. 2d 86 (Fla. 1996). As is described in Kinney, there is a “strong” presumption against disturbing the Plaintiff’s choice of forum. Therefore, if a Florida Plaintiff files a lawsuit in a Florida courtroom, the burden of proof then shifts to the at-fault Defendant to argue why fairness favors keeping the case in the foreign state/forum. To accomplish this, the at-fault Defendant must satisfy the following 4-prongs:

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Meet Our Firm

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Smith, Gaskill & Shenkman, P.A., Collects Toys for Local Charities

 

Smith, Gaskill & Shenkman, P.A., partnered with Operation Hope for their annual “Keeping Dreams Alive” toy drive! The firm was proud to have a collection bin inside of the office and excited to welcome past and present clients, friends, and the community in to drop off their donations. The turn out was wonderful and the firm would like to personally thank everyone who took time out of their busy schedules to stop by and donate to such a worthy cause. Continue reading “Smith, Gaskill & Shenkman, P.A., Collects Toys for Local Charities”

Turkey Drive Feeds Hundreds of Local Families

The Personal Injury Attorneys partnered with Operation Hope to feed the homeless and the hungry in our community.
Managing Partner, Donald R. Smith, purchasing turkeys for the Turkey Drive.

The Personal Injury Attorneys at Smith, Gaskill & Shenkman, P.A.,( including Managing Partner, Donald Smith, Senior Attorney, Brooke Grogan, and Associate Attorney, Brandon Smith) partnered with Operation Hope last night and distributed over 300 Thanksgiving turkeys and sides to homeless and low income families in the Lake Park and Riviera Beach communities! Continue reading “Turkey Drive Feeds Hundreds of Local Families”

Smith, Gaskill & Shenkman P.A., partners with Operation Hope for Turkey Drive

Smith, Gaskill & Shenkman P.A., is partnering with Operation Hope for their annual Thanksgiving Turkey Drive! Operation Hope’s goal is to create over 300 Thanksgiving Care Packages that include turkeys, sides, and pies. The care packages will be distributed to homeless and low income families in Riviera Beach and West Palm Beach neighborhoods on Novemeber 19, 2018.

Five Important Steps After an Accident

The immediate moments following an accident can be overwhelming and scary. At Smith, Gaskill & Shenkman P.A., we are here to make sure you stay safe, calm, and protected during this vulnerable time. Our personal injury attorneys have put together a list of steps to help guide you after an accident. Your safety and well-being are our top priority, make sure that you are safe and out of danger… then follow the following steps to protect yourself and your rights: Continue reading “Five Important Steps After an Accident”