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Arbitration Agreement Voided in Medical Malpractice Case

In a surprising move, the Florida Supreme Court, by a majority decision, overruled two lower courts and invalidated an arbitration agreement. On January 23, 2009, Dr. Gary John Bowers performed surgery on Joseph Franks. There were no reported complications, and Mr. Franks was discharged to his home. On January 25, suffering pain, Mr. Franks went […]

Florida’s Supreme Court Rules Against No-Fault Insurers

The Florida Supreme Court’s recent majority decision in Nunez v. Geico has dealt a blow to personal injury protection (PIP) insurers, although the effect of the ruling has been blunted by changes to Florida’s no-fault PIP legislation. At issue was whether a PIP insurer may require a claimant to submit to an examination under oath […]

Bicycle Safety: Some Helpful Tips

Bicycle riding is great — it keeps you fit, it’s environmentally friendly and, perhaps best of all, it can be fun. But it can also be dangerous. Bicycle accidents occur all too frequently. One such example is the recent report of a 29-year-old bicyclist, Tampa resident Michael Duriel Lee, who was killed in a hit-and-run […]

What You Need To Know Before Going On Your No-Fault IME

If you are injured in a car accident, chances are you will be sent for at least one independent medical examination (IME) by your insurance company. The IME is a medical examination with a physician chosen by your no-fault carrier. Florida is a “no-fault” state, meaning your medical expenses and lost wages are paid by […]

What Diners Should Know About Florida Restaurant Accidents

More than 100 basketball fans were enjoying dinner overlooking Miami’s North Bay Village while cheering on the Miami Heat against the San Antonio Spurs in the NBA Finals at Shuckers Bar & Grill. The fun Thursday evening took a frightening turn when the sports bar’s deck collapsed, sending the diners into the water of Biscayne […]

Will New Workweek Restrictions for Truck Drivers Help Decrease the Number of Accidents?

Last summer, a gasoline trailer filled with 8,700 gallons of gas and diesel fuel flipped and crashed into a guardrail on I-4 near Exit 31 in Lakeland, causing more than 1,100 gallons of fuel to spill onto the highway and sending the driver to Lakeland Regional Medical Center. Florida Highway Patrol reported that the accident […]

The Dangers of Cars Being Struck by Commuter Trains

While the Florida high-speed rail project may have been canceled by Gov. Scott in 2011, commuter train service is still expanding in Florida. SunRail is a new commuter train service expected to start operating in the greater Orlando area by the spring of 2014. Tri-Rail has been operating commuter railway service in South Florida since 1989. […]

Choosing Your Doctor Following a Car Accident

An interesting lawsuit was filed in Florida federal court this summer. The State Farm insurance company sued Gary Kompothecras, the founder of 1-800-ASK-GARY, an accident-referral service. State Farm alleges that the service commits no-fault insurance fraud by referring people injured in a car accident to medical clinics owned by Kompothecras himself. State Farm is seeking […]

Another Day, Another Sinkhole In Florida

A vacation resort villa building in Clermont near Disney World was evacuated after a sinkhole caused it to partially collapse. The sinkhole was the latest in a long line of sinkhole incidents this year in Florida. The most tragic one occurred on February 28 when Jeff Bush, a 37-year-old from Seffner, was killed after a […]

Not All Car Accidents Are What They Seem

This past May saw the arrest of 33 people perpetrating an insurance fraud scheme involving staged car accidents and false PIP claims. The accused included chiropractors, medical clinic owners and others who recruited people to intentionally stage car accidents on South Florida roads and then file false insurance claims for their “injuries.” The fraudulent operation […]

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