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Blog - Page 32

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Nursing Home Rights in the State of Florida

A number of Florida statutes exist to protect our beloved elderly relatives as they spend their final years in nursing homes. Agencies such as The Florida Agency for Health Care Administration, the Department of Elderly Affairs, and the Department of Children and Families regulate and help enforce these laws. The main purpose of these laws ...

Ovarian Cancer Caused by Talcum Powder

Talcum Powder is a popular household item used by many Americans. The powder has been around since the 1800’s and has been used to absorb perspiration typically on children and women. Over the past two decades there have been reports of Talcum Powder linked to ovarian cancer as well as lung cancer. What is talcum ...

Vision Exemption Policy Lets Partially Blind Truck Drivers onto the Road

You may find it shocking to hear that the federal government provides truck drivers who are partially blind permits to drive their trucks in certain circumstances. The Federal Motor Carrier Safety Administration (FMCSA), the division of the U.S. Department of Transportation that regulates commercial trucking, actually has programs that allow truck drivers with certain medical ...

GM Ignition Switch Cases – Deadline Coming Soon

Brooks Law Group is dedicated to providing our clients with a clear understanding of what is happening with the GM recalls around the world. The deadline to file these claims is December 31st, so time is running out if you or someone you know has been injured as a result of a faulty GM Ignition ...

Traffic Fatalities Higher in 2012 than 2011

Our blog last week dealt with truck driving crashes and how much more dangerous and potentially fatal accidents involving trucks can be. Although those facts remain, another unfortunate report by National Highway Traffic Safety Administration (NHTSA) found that there were more fatal car crashes in 2012 (the most recent year data is available) than in ...

Recent Surge in Trucking Accidents Explained

The fatal trucking accident involving comedian Tracy Morgan this summer was one of the few times a fatal trucking accident actually received press coverage in this country. However, simply because trucking accidents don’t often get news coverage does not mean they do not present a problem. In fact, according to the Federal Motor Carrier Safety ...

Florida Supreme Court Voids Cap on Non-Economic Damages

In April of this year, the Florida Supreme Court issued a major opinion regarding damage recovery in medical malpractice cases. It found that statutory caps on wrongful death non-economic damages were unconstitutional, violating the Equal Protection Clause of the Florida Constitution. The case originated from a pregnant woman named Michelle McCall, who received prenatal care ...

Product Liability: Your Right to Know About Defective Products

As reported earlier this week in the Business Wire News section of MRO Magazine, Toyota was keeping the severe reality of the defective brake override system and Electronic Throttle Control System (ETCS) behind closed doors. Toyota admitted to knowing about these problems for a while without informing consumers and documents surfaced which proved liability to ...

Wrongful Death Lawsuits Against Government Agencies

When one thinks of wrongful death, the types of lawsuit that comes to mind might be ones against a company who makes a defective product that is responsible for the person’s death, or against a doctor and/or medical group due to medical malpractice that ends tragically. However, sometimes a wrongful death case may seem atypical. ...

Last Week Was a Bad Week for Big Tobacco

A jury in Pensacola, Florida returned a record verdict against tobacco company R.J. Reynolds. Cynthia Robinson brought the suit against R.J. Reynolds for the 1996 wrongful death of her husband, who was a longtime smoker. The jury awarded $16 million in compensatory damages and $23 billion in punitive damages. Wrongful death is a death that ...

Sovereign Immunity in Wrongful Death Cases

In March 2008, University of Central Florida football player Ereck Plancher struggled to complete post-spring break conditioning drill. According to the Associated Press, former teammates claim he gasped for breath at times and struggled to make it through the workout. Contrary to what UCF officials claimed, the former teammates asserted this workout was “punishment” for ...

Professional Athletes Seek Damages for Brain Injuries

Those lucky enough to fulfill their childhood dreams of being a professional football player for the National Football League (NFL) certainly enjoy many perks. Fame, fortune, and the joy of doing what you love are well within sight. Most people would agree: From the surface, it seems like a very, very good life. But as ...

4 Fun Ideas for a Fun 4th of July

Independence Day is a great day to celebrate and enjoy time spent with friends and family. What is really cool about it are the different ideas people come up with to interact with one another! Yes, there are traditional games to play like volleyball, croquet, horseshoes, and corn hole…etc., but we thought we would do ...

Florida Senate Bill 670 Signed Into Law Limiting Nursing Home Lawsuits

Less than a year after a Polk County jury awards over $1 billion in for wrongful death nursing home Case, Florida legislature passes a law limiting nursing home lawsuits. Last year, a Polk County jury awarded $110 million to the Estate of Arlene Townsend for the neglect and mistreatment she received which ultimately resulted in ...

Tracy Morgan Injured and Jimmy Mack Killed in Semi-Truck Accident

As reported on CNN.com, there was an accident last weekend that occurred on the New Jersey turnpike where Tracy Morgan along with another famous comedian, were hit in their limo bus by a tractor-trailer truck driven by Kevin Roper, who was alleged to have been driving for a straight 24 hours. He is employed as ...

GM Faulty Ignition Recall

The Chevy Cobalt 2005-2010, the Pontiac G5 2007-2010, the Chevy HHR 2006-2011, the Pontiac Solstice 2006-2010, the Saturn Ion 2003-2007, and the Saturn Sky 2007-2010. What do all of these vehicles have in common? They have all been recalled by General Motors (GM) due to an ignition switch defect that is alleged to have resulted ...

Challenges After a Truck Accident

During 2012, more than 400 people were injured on Florida roadways when they were involved in a truck accident. An additional 20 of these motorists lost their lives. Hillsborough County alone had more than 1,000 accidents involving a commercial vehicle. Unfortunately, for victims these accidents almost always involve significant injuries due to the sheer size ...

Property Relationships in Premises Liability Cases

In Florida, personal injury cases that involve premises liability can be complicated. This is due to the fact that Florida law states that premises liability negligence depends on the relationship of the injured person to the property. The person to property relationship can drastically affect the how your attorney handles your case; as with most ...

Four Young People involved in Fatal Crash in Plant City

An auto accident that occurred in the very early hours of the morning involved 4 young people – all of whom died at the scene of the accident and all of whom were not wearing their seat belts, yet were driving at very high speeds. The cause of the accident was a man by the ...

Helping Your Patients with Obtaining SSDI for PTSD

Patients who have experienced a trauma in their life resulting from an accident, injury, sexual abuse or rape, death, experienced a natural disaster, military trauma, incarceration or have had a serious medical experience such as a heart attack and may be suffering from Post Trauma Stress Disorder (PTSD) may be eligible for Social Security Disability ...