Category Archive

In the civil justice system, damages are available to a plaintiff who proves that a defendant has committed a wrong against them. The civil justice system is different than the criminal justice system, as it is concerned with the law of contracts and torts. There are many types of damages available, depending on the nature and ramifications of the wrong …

A cause for increasing concern in the nation’s nursing homes is the use of antipsychotic drugs to control the behavior of elders. They are sometimes termed “chemical restraints.” In fact, any drug that is “used for discipline or convenience and not required to treat medical symptoms” is a chemical restraint. Use of these drugs in this way often violates the …

Brill and Rinaldi win a negligence class action case in tandem with Jay Cohen, The Law Office of Jay Cohen, William Rieder Jr., with The Downs Law Group involving up to 1,850 patience.  We negotiated a $14 Million settlement to help those who are seeking justice. The case was approved on March 23rd. This will give a total of $5,000 …

Drunk Driving & “Recklessness” In Florida, an individual injured by a drunk driver may be allowed by court to pursue punitive damages against the drunk driver. This post explores the nature of punitive damages, and the ways in which they may be recovered in Florida drunk driving-related personal injury lawsuits. When another person has committed a wrongful act against you …

The process of discovery is key to personal injury and medical practice cases. It provides both parties with the information and evidence necessary for the case to proceed. This is often done by making requests for admissions and depositions, production of documents, and answers to interrogatories. Discovery allows the parties to investigate each other’s claims and shapes the case itself. …

Medical devices provide numerous health benefits to our community; they made surgeries and procedures that would otherwise be impossible, a modern reality. However, some of these devices are rushed into mainstream use before they can be properly tested and are sometimes even recommended for off-label uses by doctors. Some companies are even able to bypass mandatory Food and Drug Administration (FDA) …

According to a new study released by AAA, distracted driving contributes to 58 percent of auto crashes involving teen drivers (ages 16 to 19) – a statistic that is four times higher than originally estimated. This latest study is enough to alarm concerned parents about their teen’s cell phone use, and other distractions, such as fellow passengers in the car …

Choosing the right nursing home for your loved one is already stressful enough without also having to worry about whether the facility can adequately manage any additional medical needs your loved one may require. In particular, when someone suffers from dementia, the potential for them to wander (become disoriented, get lost, forget how to locate familiar places like the bathroom, …

Nursing home rating guides vary from those run by the Centers for Medicare & Medicaid Services (CMS) and Florida Agency for Health Care Administration, to rankings published by private companies, such as U.S. News. Navigating these ranking guides can be daunting, particularly if it is unclear which factors are weighed in the ranking system and any potential behavior that some …

The statistics on riding motorcycles are dismal: motorcyclists were about 35 times more likely than car passengers to die in a crash and five times more likely to be injured (mostly involving severe head injuries). According to the National Highway Traffic Safety Administration, approximately 80 percent of motorcycle crashes result in injury or death. In spite of this, motorcycle riding …