Medical Malpractice for Failure to Diagnose A Stroke

We trust our treating physicians to act diligently and properly, especially when we see them in an emergency situation. Medicine is difficult and often an imprecise science, but we nonetheless expect doctors to do what a prudent and reasonable doctor would do in the same situation the treating doctor is in. Failure to diagnose a stroke can be a huge …

Underinsured / Uninsured Motorist Coverage Can Be Invaluable

Florida insurance laws, especially as relates to automobiles, can be a tangled confusing mess of coverage types, misconceptions, and legalities, which tend to get even more confusing when consumers are confronted with agents who may not be misrepresenting coverages properly and insurance policies that read like hieroglyphics.  When it comes to automobile insurance, the type of insurance you have and …

Food Poisoning or Contamination at Restaurants

A lot of injuries happen at restaurants. One of the most common is food poisoning. According to the Centers for Disease Control and Prevention (CDC), about 48 million of us get sick from contaminated foods every year. However, it can be quite difficult to prove that a particular dinner at a particular restaurant was at fault for making you sick. …

The Role of Expert Witnesses in Personal Injury Cases

In the courtroom setting, an expert witness is a person who possesses specialized knowledge, training, skill, and/or experience related to the case and who testifies based on that knowledge, training, skill, or experience to give the jurors and judge a clearer understanding of factors necessary to reach a verdict. Expert witnesses, in general, help to clarify when complicated technical issues …

Vicarious Liability

Let’s say you were driving in traffic, minding the road, and following the rules, when you are rear-ended by a bread delivery van. Who is at fault? You would be wise in assuming that the van’s driver is at fault, but the driver’s employer, in this case a bakery, may also be at fault under the legal concept of “vicarious …

Causation in Personal Injury Cases

A “proximate cause” is a legal term for the closest reason why the bad thing happened. In the context of personal injury cases, a plaintiff must prove that the defendant’s negligence was the closest reason why she was injured. The closest reason is distinguished from other possible reasons for the injury. For example, if you were struck by another vehicle …

When Do I Need to Hire an Attorney After a Car Accident?

When is it smart to hire an attorney after a car accident? If there was no injury in the accident, you probably do not need an attorney. For minor injuries that heal quickly and do not significantly interfere with life, you probably do not need an attorney, but make sure that a doctor has confirmed the true extent of your …

Driving with Pets in Florida

The Florida Department of Transportation defines “distracted driving” as “any mental or physical activity that takes the driver’s focus off the task of driving.” However, when the typical Floridian speaks of distracted drivers, they are generally referring to those who are texting while driving, talking on handheld devices while driving, or fiddling with the car’s dashboard while driving. But one …

New Trucking Regulations Implemented to Prevent Accidents

On July 1, 2013, new federal hours-of-service regulations issued by the U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) went into full effect. The regulations were first announced in December of 2011 and trucking companies had about 18 months to come into compliance with the new hours-of-service requirements. These regulations are the tightest yet. Essentially, the 82-hour maximum …

The Facts About Senior Citizen Falling Accidents

Senior citizens get fractures from falling more than anything else. Falls are also the most common cause of traumatic brain injury in senior citizens. Once a senior falls the first time, it generally leads to a greater fear of falling which leads to decreased activity which increases the chances that a senior will fall again due to muscle weakness. Falling …