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…

Who is at Fault in a Truck Accident?

A few weeks ago, we posted a blog about a serious truck accident which injured famous comedian Tracy Morgan and killed famous comedian James McNair. It was a tragic accident that was reported on several different news sources and the actual filing of the personal injury lawsuit was recently reported on Friday, July 11th on…

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…

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…

Famous Comedian Tracy Morgan Injured and Jimmy Mack Killed in Serious 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…

When a Car Accident in Florida Isn’t Your Fault, Your Insurance May Still Have to Pay

Oftentimes, when I ask my clients what type of insurance policy they have, they say, “full coverage.” This is troubling for a variety of reasons. First, “full coverage” is not a legal term within Florida. Second, because “full coverage” sounds good, people often have a false sense of security about their coverage and really don’t…

What does a Personal Injury Case Manager Do?

It may not be the same at all personal injury law firms, but at Brooks Law Group, we assign every new personal injury client to a personal injury case manager. The personal injury case manager assigned to a client’s file works directly under the direction of the attorney assigned to the file. Each case manager…

Why You Need UM Insurance

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…

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…

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…

What Should Be Included in a Demand to an Insurance Company for a Personal Injury Claim

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…

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…

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…

What to Do When You are in a Truck Accident and How to Help Your Case

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…

Wrongful Death Action filed Against Shephard’s Beach Resort and Employee Regarding Fatal Bicycle Crash

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…

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…

The Truth About Truck Accidents

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…