Personal Injury Attorney News

A "coup" injury is located at the exact site of the impact. For instance if you slam your head against the steering column immediately following a car collision, it is very possible that you may in fact suffer a coup injury at the spot of your forehead that impacts the steering column. In contrast, a "contrecoup" injury may occur at the opposite side of the brain. Where the "coup" injury occurred. Why does this happen?

The brain has the consistency of pudding, In a high speed auto collision, the brain itself often continues moving after the head stops by impacting a stationary object or in a similar mechanism as whiplash (i.e. think of shaking baby syndrome).

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As you begin your claim process, you will have a lot of questions: Who can I speak regarding my claim? Will my vehicle be repaired? Can I get a rental car? Should I seek medical treatment? While an adjuster may be able to answer some of these questions, you may experience difficult time getting in contact with your adjuster. A typical Claims Adjuster handles approximately 150 cases at a time. With such a heavy workload, it can be difficult to get someone on the phone that can help you. But sometimes, the break in communication with your adjuster can be more than just a workload issue.  In fact, it may be strategic.

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 This behavior, known as “lane splitting,” is not illegal in some states.

However, Florida is not one of those jurisdictions.

This activity should be distinguished from “lane sharing.” Lane sharing occurs when two motorcycles occupy the same lane.

If an accident occurs when a motorcycle is lane splitting, they will be presumably held at fault even for the collision. In Florida, an accident victim will be compensated to the extent that his or her negligence did not contribute to an accident. Therefore, if a motorcyclist is at fault, then they will generally be unable to recover. The caveat to this rule is that if the rider can show that the other driver contributed to the accident. For example, if the driver was talking on a cell phone, weaving between lanes, or performing other careless maneuvers then they may be found to have contributed to the accident.

Commercial trucks are a part of almost every American’s driving experience.  Outside the small number of streets (often urban) in America than ban trucks, a motorist is likely to see a commercial vehicle of some sort on every road he or she uses.  Sharing the road with these massive vehicles has become second nature to those of us who drive on a daily basis.  But while you may not bat an eye at the presence of a semi tractor-trailer in the lane next to you, it’s still very important to understand the intense regulations that govern truckers (professional drivers) on a daily basis.

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The risk of selecting a lawyer off of a billboard or T.V. commercial is rather large.  In fact, the quality of the attorneys and the services you can expect to receive varies greatly from firm to firm.  It is important to research your attorney and learn of the reviews that such law firm has received from former or current clients.  Don't just pick an attorney off of a billboard or commercial 

What are the benefits of hiring a competent and experienced personal injury or going it alone?  Will the attorney eat up my entire settlement.

Check out my new video.

As an injury law attorney, I feel it is my duty to educate consumers of the most common dangers and factors contributing to auto accidents.  Distracted driving and specifically texting and driving is now receiving substantial attention from the mainstream media.  If you follow our blog, we have numerous blogs on this very topic and how the act of texting and driving may be more dangerous than drinking and driving. This week in Connecticut, a teenage driver was arrested for mowing down a 44-year-old jogger with her SUV back in March.  She fled from the scene of the accident on March 24, but decided to face the consequences of her actions by turning herself in on May 12th.  Finally the authorities can understand how the accident occurred.

Just moments before Kenneth Dorsey was struck by the SUV, the young driver was using the keypad on her cellular phone.  Texting while driving is unconscionable.  It is quickly becoming the most dangerous activity, taking place on our roadways. Although state governments are quickly outlawing this dangerous behavior, the instances of cellphone-related fatal car crashes are increasing.

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It’s not often that I use my space on the Dolman Law Blog to directly address content drafted by another blog-writer.  Today I make an exception to rebut an article concerning Florida House Bill 587 that was published last week by a large firm that handles insurance defense cases.

Not surprisingly, the writers of the article (insurance defense lawyers for Rumberger, Kirk & Caldwell), state that HB 587 will correct injustices toward insurance companies and defendants in personal injury cases. 

They cite a number of cases when plaintiffs were allowed to present evidence of medical bills that had been negotiated down at the original inflated value.  At first glance the article seems to lead consumers to believe that plaintiffs are allowed to recover for inflated medical expenses above and beyond what they are actually paying.

Primer on Bad Faith Insurance Practices in Florida

The duty of an insurance carrier and adjuster in lieu of the implied covenant of good faith and fair dealings.

Bad faith in the context of an insurance company occurs when such company acts unreasonably in denying or delaying benefits owed to you or a loved one as expressed within the insurance policy. A duty of good faith and fair dealing is imputed into every contract by Florida law.  In the context of the personal automobile policy, the duty is particularly defined by Florida law because of the fiduciary relationship that is created when the insured surrenders to the insurer all control over the handling of the claim including all decisions regarding the evaluation of policyholder’s exposure to loss. Boston Old Colony Insurance vs. Guiterrez, 386 So.2d 783 (Fla. 1980.)

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Common misnomers and misconceptions peddled by Laser Spine Surgeons in their efforts to procure business.

In a 2009 article published by H. Gordon Deen; a Neurosurgeon with the prestigious Mayo Clinic, stated that "At Mayo Clinic we do not use or recommend laser spine surgery. Laser spine surgery has been around since the 1980s, but it has never been studied in a controlled clinical trial to determine its effectiveness. Most neurosurgeons don't use lasers for spine surgery because there are no clear benefits to laser surgery over better-established spine surgery techniques that have proven to be effective." This seems quite bizarre. There are a number of Spine Surgeons and large practices encompassing Spine Surgeons like the Laser Spine Institute that have actively marketed surgical procedures for which there has never been a controlled clinical trial to determine its effectiveness. In contrast, the number of detractors to laser spine surgery is substantial and in the context of automobile accident cases this surgery has served very little in my opinion other than to pad the pockets of greedy surgeons.
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We have previously mentioned several deceptive and harassing techniques used by over-zealous creditors in their efforts to collect on a debt. Though these practices can come from any type of creditor, we see them most often employed by debt collection agencies. We know that creditors may utilize the help of a collection agency to recover a consumer debt. In much the same way, collection agencies may in turn seek help in collecting the debt from an attorney or law firm. Receiving a collection letter from a law firm can be confusing, as it may lead the consumer to believe that the collection agency is pursuing some type of legal action against them. This is not always the case.

FCCPA 559.72(11) states: “In collecting consumer debts, no person shall: communicate with a debtor under the guise of an attorney by using the stationary of an attorney or forms or instruments that only attorneys are authorized to prepare.”

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Radiculopathy is not a specific condition, but rather a description of a general issue in which one or more nerves are affected and do not work properly. The symptoms generate from the nerve root. Damage to a nerve root can manifest in pain, weakness, numbness, or difficulty controlling specific muscles. Radiculopathy can occur in any part of the spine, but it is most common in the lower back and in the neck. It is less commonly found in the middle portion (thoracic spine) of the spine. Cervical radiculopathy is the medical description of pain and neurological symptoms resulting from any type of condition that irritates a nerve in the cervical, thoracic or lumbar spine.

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For over thirty (30) years, Dr. Alfred Bonati has been running the Bonati Spine Institute in Hudson, Florida.  Dr. Bonati has had a bevy of legal issues over the years including numerous allegations and findings of unnecessary medical procedures, substandard medical care and a resume that may have included false degrees and references.  His patented techniques for treating patients have been praised by some, but have also created a backlash against the Laser Spine Surgeon and has drawn criticism against Spine Surgeons in general; many of who do not perform laser spine surgery.

Numerous  former patients of Dr. Bonati have claimed that the “revolutionary” orthopedic surgeon conducts unnecessary, inappropriate, and oftentimes harmful procedures on individuals with back pain.   The legal problems began with cases brought by the Florida Board of Medicine, who filed three separate actions against Bonati Spine between 1991 and 1994.  In the third case,  Bonati was sanctioned and placed on two-years of probation by the Florida Board of Medicine.  Since then, Dr. Bonati has faced additional lawsuits concerning allegations of performing medical procedures that were not necessary and lacked any scientific basis.  Please see the following articles:

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