Brooks Law Legal Blog

What is underinsured/uninsured motorist coverage and why do you need it? Many people know of, or at least heard of, underinsured / uninsured motorist coverage, but do not have such coverage. This is automobile insurance commonly referred to as UM. This is insurance coverage that is available to you in the event that you are…

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…

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…

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…

The demand is a letter to an insurance company adjuster, accompanied by all supporting documents, summarizing the basis for a personal injury claim. After you have determined the insurance coverages available and obtained all medical records and bills, you must set forth the reason why the insurance company should pay a reasonable amount to resolve…

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…

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…

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…

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…

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…

After you have been in a truck accident, it is important to remain calm and call for help if you able to, and you are conscious. Be sure to get the truck driver’s name, contact information, the name of the company that employs the driver, the license number of the truck and other identifying information…

Tampa Bay accidents involving bicycle crashes are serious matters, many of which are caused by the negligence of intoxicated drivers. Such is the case of Rob Lemon and Hilary Michalak who were riding a tandem bicycle east on the Clearwater Memorial Causeway in September 2013 when a Nissan pickup truck crashed into them. Lemon, age…

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…

Because large trucks typically travel on interstates, which are among the safest roadways, they generally have lower crash rates, about 1.1 fatal crashes per 100 million miles traveled compared to the 1.3 for passenger vehicles. (These trucks are defined as weighing more than 10,000 pounds and composed of either single units or one tractor pulling…

The representative of the estate of a decedent who died as a result of wrongful death, whether or not the death involved a criminal action, may bring a civil action against the person or persons responsible for their loved one’s death under Florida and/or federal law depending on the circumstances surrounding the case. As an…

Reports of serious injuries and wrongful deaths, including tears, perforations and burns to organs, arteries and body tissue have resulted from the use of the da Vinci Surgical Robot, a remote-controlled robot manufactured by Intuitive Surgery, Inc. These incidents have raised concern about the safety of the device, originally approved for use by the FDA…

According to authorities, two people were killed after their car turned through an intersection and was struck on the driver’s side by a semi-truck at a Tampa Bay intersection sending both vehicles into the center meridian. The truck driver was not injured and no charges have been filed. Unfortunately, accidents similar to this one occur…

According to police, 60 year old construction worker Terry Lynn Flack of Brooksville, fell to his death recently while working on a catwalk inside an Eckerd College Bininger Performing Arts building auditorium in St. Petersburg, Fl. Flack was employed by an electrical contractor, Universal Control, and working on the air conditioning system, at the time…

A Plant City man was killed in Central Iowa in an auto accident where the roads were very icy yesterday morning. Frederick Dean Cowder, 45, was a passenger in a vehicle where the driver lost control. Neither of the vehicle occupants were wearing their seatbelts and it was reported by the associated press that the…

In July of 2012, Stryker Orthopaedics initiated a press release regarding a voluntary product recall of their Stryker Rejuvenate and ABG II implants to address possible fretting and corrosion at the modular neck junction resulting in adverse local tissue reactions such as pain and/or swelling. Patients have also reported other adverse side effects, including, dislocation…

According to the Pasco County Sheriff’s office, a Tampa Bay area Sheriff’s Deputy, Darren Hill was seriously injured in a head on crash involving a pickup truck early New Year’s day. The Deputy was able to trigger an emergency signal in his vehicle. He was airlifted to a Tampa hospital where he suffered two broken…

Driving allows us the convenience to efficiently carry out our daily activities to and from work and school, run errands, go shopping, attend sporting and entertainment events and other activities. But with that convenience, also brings the increased possibility of being involved in a car accident ranging from a minor fender bender to a more…

Under Florida law, when someone dies as a result of negligence caused by another person or entity, the victim’s family has the legal right to file a wrongful death civil lawsuit against the responsible parties to collect damages for the loss of a loved one. Unfortunately, that is what transpired after the related drowning death…