Author: Stephen K. Brooks

How the Law Treats a Death on the Job Differently

A recent Florida Supreme Court ruling confirmed what we already knew. Florida’s exclusive remedy provision, which states that workers’ compensation is the sole remedy for injuries (even fatal ones) sustained in the workplace, is here to stay. The case in question was Morales v. Zenith Ins. Co. It involved the 1997 death of Lawns Nursery & Irrigation…

Death Toll Climbs in GM Ignition Switch Recall

Tomorrow is the last day for victims of the GM ignition switch recall to file claims and seek monetary compensation. Originally, that deadline was December 31st, 2014. However, GM has decided to extend the filing period by one month to ensure that all 2.6 million recall-eligible current GM owners (and 1 million former owners) have…

Pay Attention to How You Drive Around Semi-Trucks

The Tampa Bay and Central Florida regions are home to dangerous highways filled with a bustling transportation industry. The growing number of semi-trucks on our fast paced roads is good reason for knowledge about critical risk factors. Tractor trailers are an average of 53 feet in length, with 3 major blind spots, and carry loads…

Why You Need Uninsured Motorist Coverage in Florida

Florida consistently ranks among the worst states for uninsured motorists. Recent statistics from the Insurance Information Institute found that 20.4 percent of Florida drivers have no auto insurance. That’s the sixth-highest percentage in the country. The nationwide picture isn’t pretty either. Current data from the Insurance Research Council (IRC) show that one in eight drivers…

How Does Jury Selection Work?

The first day and step in any trial, civil or criminal, is to select a jury. The qualifications for jurors in the State of Florida are relatively simple. To qualify as a juror, the person must be a U.S. citizen who is a legal resident of Florida as well as the county where the trial…

Consulate Health Care Centers in Polk County Charged with Neglect

The companies that own and manage Consulate Health Care nursing centers in Lakeland and Winter Haven are finding themselves in hot water. Three wrongful death lawsuits have recently been filed in Circuit Court in Polk County against the companies by a Tampa law firm seeking damages in excess of $15,000. Those lawsuits accuse them of…

Watch Out for This Year’s Top 10 Dangerous Toys

Now that Christmas is over, children all over the world that were fortunate enough to receive gifts are enjoying playing with their new loot. While the week after Christmas is a fun one for sure, parents should vigilantly monitor children while playing to prevent any injuries from toys. CBS News ranked the Top 10 Most…

New Year’s Eve Safety

The countdown has begun! The final day of 2014 is here. Are you planning on partying tonight? How about going out on a boat to stay away from crowds? By now we all know that driving on certain days of the year are more risky than others, New Year’s Eve night is no exception. If…

What is the Offer of Judgment statute and How Can It Affect My Case?

The costs of filing or defending a lawsuit can seem daunting. In fact, our laws are set up so that unless there is some specific basis in statute or contract, litigants must generally pay their own attorney’s fees and costs. These costs can make a major impact on how a case is litigated and, in…

7 Important Steps to Take If You’ve Been in a Car Accident

Being in a car accident can be a very traumatic experience. It is difficult to remember to keep a cool head when you may be in pain, disoriented, or concerned about your passengers. Assuming you are conscious, consider taking these following steps if you find yourself in the unfortunate position of being in a car…

Update on Takata’s Defective Airbags – Recalls, Recalls Everywhere…

In an earlier blog post, we wrote about the Takata air bag recall, what led to the recall, and what vehicles were affected. In a quick recap: A crash can cause the inflator mechanisms on the airbags to rupture, spraying bits of metal and shrapnel into the faces and chests of drivers and front-seat passengers….

How is Viagra Related to Melanoma?

A recent discussion has formed with results coming from a study published by an international team of doctors collectively working for health science under Harvard. In 1986 Harvard researchers (USA, China) began a lengthy study with a large group of men for health and skin care purposes. When Viagra hit the market in 2000 a…

Fatal Thanksgiving Accident Reminds Drivers to Use Extra Caution During Holidays

The holidays are now upon us. Office parties, neighborhood get-togethers, parades, Christmas-lights displays, and holiday sales are all fun events that result in Americans taking to their vehicles with greater frequency than usual. However, in addition to all the fun local events that account for increased car time, long-distance trips account for the bulk of…

Florida Ranks as Third-Highest State for Pedestrian Fatalities

The State of Florida is appealing for many reasons: no snow or state income tax, plenty of beautiful beaches, Disney World, and at least one decent football team at any given time. As great as Florida, is, however, it does hold an unfortunate designation: it ranks as the fifth-most dangerous state for pedestrians, according to…

Choosing a Personal Injury Attorney

Researchers say that every average driver will have one car accident within 17 years which means that in the average American lifetime, one person will experience 3-4 car accidents. There are roughly 10 million accidents each year in the USA ranging from fender benders to pileups, says the National Safety Council. Out of the estimated…

Transvaginal Mesh Complications and Lawsuits

Transvaginal Mesh has taken the FDA by storm. Since 2005 there has been an average of 500,000 surgeries per year in an effort to solve organ “dropping” along with other natural complications in feminine bodily functions. The first transvaginal mesh was introduced using biological materials from human and bovine tissues in the late 1990’s. The…

Drug Maker Takeda Receives $9 Billion Verdict for Defective Drug Actos

In April of this year, a federal jury in Lafayette, Louisiana slammed Japanese pharmaceutical company Takeda with a $9 billion punitive damage verdict. Punitive damages, which are designed to deter and punish the Defendant’s conduct, are not awarded in every trial, and differ from compensatory, or actual damages (examples include pain and suffering, mental anguish,…

Safety Tips for Avoiding Pedestrian Injuries During Halloween

While the week of Halloween is often one of the most exciting weeks for children all over the country, it can unfortunately be one of the most dangerous nights of the year for our most precious assets as well. Traditionally parents have been more concerned, understandably, about the contribution of candy to our country’s obesity…

Defective Air Bags – 4.7 Million Vehicles Affected By Recall

Coming on the heels of the GM ignition switch recall, Monday, NHTSA (The National Highway Traffic Safety Administration) issued a recall notice for defective air bags made by a company called Takata for many different types of vehicles. NHTSA’s warning urged owners of these vehicles equipped with said air bags to take immediate action and…

Teenage Driving Dangerous – Lakeland Florida 16-Year-Old Teen Hits Pedestrian Crossing Guard

It is every person’s nightmare to be involved in an accident where they hit a pedestrian with their vehicle and end up killing them. Nobody wants to be the defendant in a wrongful death case, especially not a young person who has their whole life ahead of them. The sad part is that it does…

Understanding Florida’s Personal Injury Statute of Limitations

You’re having a good day. Then the worst happens — you’re hurt in an accident through no fault of your own. In an instant, your life is turned upside down. In the aftermath of an accident, you may be wondering whether it’s worth your time to file a legal claim against the at-fault party. It…

Aviation Accident Wrongful Death Cases

Today, it is said that riding in a car can be even more dangerous than riding in a plane. However, even though this may be true, it can still be scary to think about being so high off the ground and the chances of actually surviving if a plane or helicopter you were riding in…

Premises Liability at the Hard Rock Live

Last month, a few patrons testing their luck at the Seminole Hard Rock Hotel & Casino got a little more excitement than they bargained for. Their fun came to a screeching halt as a 15-foot temporary construction wall fell without warning in a corridor area, according to WFLA. Apparently the wall was placed there several…

Florida Wrongful Death Act

We are quickly approaching the holiday season and soon we will begin the year of 2015! As we move into the fall and winter let us take a look at our local and national statistics so we can arrive alive during the bustling season of fun. Our dedication to safety and knowledge will provide you…

Fifth Fatal “Wrong-Way Crash” Since February on Tampa Highways

Recently, TBO.com reported that a young woman, Jessica Mahn, 25, was killed in an accident last week where she was driving the wrong way on I-75 in Tampa. She was going northbound in the southbound lanes and hit a tractor trailer. It is suspected that alcohol may have been involved. The accident occurred in the…