Category Archives: Case Law

Information about case law in Florida and involving personal injury law

Case Law Update: Unemployment Compensation Benefits Do Not Get Set-Off

On November 26, 2014, the Fourth District Court of Appeal issued an opinion explaining that unemployment compensation benefits do not fall under the collateral source rule and are not to be set-off from a jury verdict. The case was Hurtado v. Desouza, (Fla. 4th DCA Nov. 26, 2014).  Judge May delivered the opinion. The facts of the case are not that different from many auto-accidents. The Plaintiff was rear-ended while stopped at a traffic light and sustained injuries. Prior to trial, the Defendant admitted liability for the accident and the case was tried on the issues of causation and damages. The jury was presented evidence that the Plaintiff was employed as a commercial pilot but, at the time of the accident, was receiving unemployment compensation because he had been laid off. After hearing all of the testimony and evidence, the jury returned a verdict in favor of the Plaintiff, in the amount…
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