Florida Statute 366.15 addresses the issue of medical dependence on electric-powered equipment and public utility companies. Unfortunately, the statute appears to be a toothless tiger. Many Floridians who live in private residences are dependent on electric-powered equipment that must be operated continuously to avoid the loss of life or immediate…
Articles Posted in Miscellaneous
Attorney/Lawyer Assistance With Florida’s Crime Victim Compensation Program
Crime victims may be eligible for up to $25,000 ($50,000 for catastrophic injury) in compensation benefits from the State of Florida’s Victim Compensation Program. (Qualifying crimes include assault, DUI and hit-and-run accidents, rape, and murder.) Unfortunately, the beaurocratic maze that must be navigated to receive benefits, especially during times of…
Profits Over People – The Willful Ignorance of Florida Car Rental Companies
It is unlawful for any person whose driver’s license has been suspended to operate a vehicle upon the streets and highways of Florida. Florida Statute 322.34. In addition, any vehicle owner who knowingly allows a person with a suspended license to operate his/her vehicle in Florida commits a misdemeanor of…
Pharmaceutical Malpractice (Florida) – Botox Maker to Pay $600 Million In Settlement
Allergan, Inc., the maker of wrinkle-smooting Botox, has agreed to pay $600 million to settle a year-long federal investigation into its marketing of the top-selling, botulin-based drug. The investigation, involving charges of paying kickbacks to induce physicians to inject Botox for off-label uses and teaching doctors how to bill for…
Refractive Surgery (Lasik, PRK, Lasek, CK) Malpractice Litigation in Florida
Annually, well more than one million Americans have refractive surgery to correct their vision. Refractive surgery is any type of surgery that alters the refractive power of the eye. Lasik is the most well known of the procedures, but others are available, including Lasek, PRK, and Epi-Lasik. Most of the…
Pleading the 5th Amendment in Florida Civil Cases
Much has been reported lately about Florida Republican gubenatorial candidate Rick Scott invoking 75 times his Fifth Amendment right against self-incrimination in a civil case brought by a Nevada company. The Fifth Amendment to the United States Constitution was ratified in 1791. It provides as follows: “No person shall be…
PRODUCT LIABILITY – Federal Car Safety Standards Are Inadequate
Federal law requires all cars sold [to the public] in the United States to meet the Federal Motor Vehicle Safety Standards (FMVSS). It sounds good, but it’s not. The FMVSS are minimum standards for vehicle safety. Many of the standards applicable today were issued in the 1960s and 1970s, cover…
“Umbrella” Insurance Coverage (Florida) – Bodily/Personal Injury
“Umbrella” insurance is a relatively inexpensive way to obtain significant increases in important insurance policy coverage limits. Consumers are familiar with motor vehicle and homeowners insurance policies. They are separate policies covering separate and distinct risks. Each has its own policy limits and premium charge. Umbrella insurance is a distinct…
Workers’ Compensation or Personal Injury? Election of Remedy (Florida)
The remedies available under Florida’s workers’ compensation system and its personal injury laws are significantly different in many ways. The most important difference may be that workers’ compensation does not compensate for pain and suffering (non-economic damages). For this reason, many people wish to pursue their remedy under the personal…
Florida PIP (Personal Injury Protection) Insurance Pays Death Benefits
Personal Injury Protection (PIP) (also known as No-Fault Insurance) is one of the few coverages in Florida that is mandatory in most motor vehicle insurance policies. (See this blog about “Full Coverage.”) Its primary function is to pay the medical expenses and lost wages of those individuals injured in motor…