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 WTSP. 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…

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…

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…

Step 4 of Your Personal Injury Claim – How do I pay My Doctor?

Step 3 of our series talks about the importance of medical treatment for your auto accident case. Step 4 is in place to educate you about how, exactly, your medical bills are paid in a personal injury case. PIP Florida Law requires Florida drivers to purchase $10,000 in PIP coverage – this is mandatory. PIP…

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…

What is Comparative Negligence?

Florida is a “Pure Comparative” negligence state. Florida Statute Section 768.81(3) Apportionment of Damages states, “in a negligence action, the court shall enter judgment against each party liable on the basis of such party’s percentage of fault and not on the basis of the doctrine of joint and several liability”. This means that a jury…

Four Young People involved in Fatal Crash in Plant City – How this affects You

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…

STEP 3 – I Started Treatment – Why Do I Need to Keep Going Back?

Follow Your Doctors Treatment Protocols This may seem like a simple concept. However, you would not believe the number of people that come in to Brooks law Group with complaints of injuries, yet show no interest in complying with a doctor’s treatment protocol. It is the single most important element of your case. If you…

Step 2 of Your Personal Injury Claim – How do I find the Right Doctor?

Seek Treatment Immediately Most importantly you want to begin immediately treating with a doctor. All accident cases are medically driven. Additionally your Florida PIP (Personal Injury Protection) Insurance requires that you treat within 14 days of the accident or PIP may deny benefits. What Type Of Doctor Do I Need You might be surprised to…

Step 1 of Your Personal Injury Claim – What to do at the Scene of the Accident

You have just been in an accident. What is the 1st step to document a claim for the injuries you suffered in this accident? You! You know more about this accident than any insurance adjuster, any attorney or any friend because you and only you were there. Whether you choose to go it alone, hire…

Working with Your Auto Accident Lawyer to Determine What Caused Your Injuries

You could say that car accident is a part of life, though working with an auto accident lawyer is going to be essential if it becomes a much more serious situation. Here in the Tampa, Florida area, our highways can get quite busy and result in various types of car accidents that seriously injure if…