Contact fire rescue (for injuries) and the police from the accident scene. Take photographs of the vehicles – damage and location. Photograph visible injuries. Obtain names and contact information of independent eyewitnesses. Cooperate with law enforcement. Describe the accident and provide your motor vehicle insurance information. Before leaving the scene,…
The standard in Florida for determining fault for injuries caused by harmful substances in food is known as the “reasonable expectation” test. Examples of harmful substances include bones, shells, and pits, not only substances completely foreign to food products such as metal, human nails, and bugs. Obviously, claims resulting from…
Florida Statues may allow PIP carriers to conduct medical examinations and perform paper reviews, but no authority, including the statute itself, grants PIP carriers license to reference those procedures as an “IME,” “Independent Medical Examination,” or a “Peer Review.” In short, PIP carriers have created the terms out of whole…
A well-established common law principle in Florida is that motor vehicles are “dangerous instrumentalities.” Southern Cotton Oil Co. v. Anderson, 86 So. 629 (Fla. 1920). In 1941, the Florida Supreme Court held that because the use of a dangerous instrumentality involves such a high degree of risk of serious injury…
In the Gettysburg Address, Abraham Lincoln declared that we are a “government of the people, by the people, for the people.” Sadly, this message has not registered with Florida lawmakers. (Please see this blog for a significant modification of this statement.) As should be the case, individuals and corporations whose…
Tort “deformers” purposely fail to make full disclosure in their holy war against the civil law justice system. A prominent example of something not being divulged is the well-established principle of law commonly known in Florida as Comparative Fault or Contributory Fault/Negligence. Quite simply, this concept provides that the Plaintiff’s…
Pharmaceutical drugs can work positive wonders. Unfortunately, if abused or misused, they can be terribly harmful. In today’s fast-paced world, simple errors involving prescription medicine are not uncommon. From a scribbled doctor’s prescription, to failing to learn of allergies or the contraindications of mixing medicines, to dispensing medication to the…
In a conscious effort to create a negative view of trial lawyers and civil lawsuits, Corporate America has for years distorted the truth about the famous McDonalds coffee spill case, the poster child for the frivolous lawsuits mantra. Sadly, the public has fallen for the propoganda hook, line and sinker.…
Individuals injured in Florida accidents through the negligence of others may be entitled to compensation for their injuries. To determine fair compensation value, the injuries must be documented and treated by qualified medical professionals. Unfortunately, not everyone has insurance or other means to pay for medical care. Thankfully, some medical…
In simple terms, the human spine consists of bones (vertebrae), the spinal cord, nerves, and intervertebral discs. The spinal cord is about 18 inches in length and extends from the base of the brain, surrounded by the vertebral bodies, down the middle of the back, to about the waist. The…
