Posted by Kenneth McKenna on January 7th, 2009
A 34-year-old Central Florida man was killed when his motorcycle was hit by a drunk driver who lost control while driving someone else’s car. The driver was convicted of DUI manslaughter and is currently serving a 15 year sentence.
Our firm represented the man’s widow to recover damages resulting from the wrongful death of her husband. In December 2008, a Polk County jury awarded her $3 million. This case sends an important message that the consequences of drunk driving can be devastating both personally and financially.
Related categories: Car Accidents, Motorcycle Accidents, Wrongful Death
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Posted by Doug Martin on December 9th, 2008
In this day and age, healthcare is always a hot topic, especially when it comes to medications and insurance companies. Now, a Florida consumer group is urging the public to be wary of prescription drug “switching” that can reduce the cost of a medicine, but also result in a substitute drug with a different chemical make up. The warning comes as health insurance plans have begun contacting members to urge them to switch from brand name medications to so-called “generic alternatives.”
While generic medications can be cost-effective and appropriate alternatives, it is important to get the approval of your prescribing physician. Patients pay health care premiums to their insurance company so that, when the time comes, the insurance company will step up and pay for the necessary medications that are covered by the policy. Insurance companies should put their patients’ health first and not base the decision to switch medications on an attempt to save a few dollars at the risk of causing injury to the patients.
Related categories: Insurance Company Bad Faith, Medical Malpractice
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Posted by Doug Martin on December 5th, 2008
Who didn’t see this one coming? The family of an employee trampled to death by bargain-hunting holiday shoppers at a New Jersey Walmart has filed a wrongful death lawsuit, saying the store’s ads offering deep discounts created an unsafe environment. Anybody who’s seen the video footage of the store’s frantic customers knew this was going to happen, and no one knew the risk better than Walmart.
This is a sad example of big business putting profits ahead of individuals by cutting corners on training and adequate security. At DWKM&R, we pride ourselves on having the ability and resources to stick up for individuals like the late Mr. Damour against big businesses.
Related categories: Personal Injury, Wrongful Death
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Posted by Anthony Sos on November 18th, 2008
Motorcycle accidents involving riders who don’t wear helmets are resulting in big bills in Central Florida hospitals, according to an Orlando TV station which reported the cost to treat injured riders in 2007 was $40 million. One-third of Florida motorcycle riders don’t have insurance. Many others only carry the minimum requirement of $10,000, even though the average hospital cost for a motorcycle injury is $43,000. When motorcycle riders are involved in an accident and don’t have enough insurance, taxpayers pick up the bill for their medical care.
Health care advocates support a change in the law that would require non-helmeted motorcycle riders to carry more insurance. I believe that motorcyclists should carry as much insurance as they can afford whether they wear a helmet or not. Our personal injury law firm has seen too many motorcycle accidents in Orlando where people suffer from very serious injuries due to someone else’s negligence. These serious injuries often occur even when the motorcyclist is wearing a helmet.
Unfortunately, in the Central Florida area, many drivers do not have liability insurance coverage. As a result, you must look to your own insurance company to pay for your medical bills and other damages recoverable under Florida law. You can only rely on your insurance company to compensate you if you purchased underinsured motorist insurance coverage.
Related categories: Motorcycle Accidents
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Posted by Brian Wilson on November 11th, 2008
The Florida Bar spent nearly half its annual budget — about $10 million – investigating grievances against about 7,800 attorneys from September 2007 to August 2008, according to the Orlando Sentinel. A large majority of the complaints (about 80 percent) were dismissed because the Bar determined there was no ethics violation or not enough evidence.
Our Orlando personal injury firm goes to great lengths to protect the interests of our clients who have already suffered from the negligence of others. The same professional integrity is true of the many law firms who refer personal injury cases to us.
There is a delicate balance between protecting the interests of clients and ensuring due process for lawyers accused of wrongdoing. The Florida Bar achieves this balance better than almost any other organization of its kind and is recognized nationally for its disciplinary program and client compensation fund.
Related categories: Personal Injury, Uncategorized
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Posted by Samuel King on October 15th, 2008
The Florida Board of Medicine disciplined five Orlando area doctors this month for making serious medical errors. The doctors’ mistakes included operating on the wrong disc in a patient’s back, operating on the wrong testicle of a patient and implanting the wrong kind of lens during a cataract procedure. The doctors were order to pay fines up to $10,000, perform up to 100 hours of community service and take continuing education classes on topics such as risk management.
Unfortunately, tort reform favors the odds that most doctors will never be disciplined for their medical mistakes. Too often, the victims of medical negligence cannot hire lawyers to represent them in damage claims. And even though the Florida Board of Medicine meets regularly to take disciplinary action against doctors, it is ill-quipped to investigate the thousands of physician errors that occur each year, especially against well financed and insurance paid lawyers who can easily delay and defeat the process of state investigation.
Related categories: Medical Malpractice, Personal Injury
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