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medical-check-up_BF9hd70rj-300x200Most Plaintiffs in personal injury cases that are in litigation are required to undergo a Compulsory or Independent medical examination also known as the CME. This is an examination that is requested by the opposing side and is done by a physician that is hired by the opposition.

The CME involves a review of records, a physical examination, face to face interview, review of test results, and conclusions. The goal of this examination is to confirm the initial injury diagnosis and determine whether such injury was due to the accident. The physician is also looking to verify that the current symptoms and findings are consistent with the diagnosis made. Lastly, they are looking to determine whether the individual is exaggerating or making up their complaints. This examining physician is not a treating physician and is also considered a hired expert for the opposition. Due to this, it is understood that there is always an element of bias involved in their conclusions.

It is important to keep in mind that by the time the plaintiff enters the examination room, the physician has already had the chance to review all treatment records and other records that were provided to him prior to the examination. The Plaintiff must be prepared for this examination and understand what could potentially be asked by the physician. Hired CME physicians are trained to look for and document potential indicators of fraud and deception during the interview portion of the examination and the availability of all these records prior to the appointment makes it easier for them to find. The physicians look for things such as verbal behavior indicators, omitting information such as prior injuries, too much information, overly specific answers, aggressive reactions to the questions, invocation of religion not to answer the questions and the use of qualifiers such as “honestly” and “truthfully”.

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The city of Orlando is among the nation’s most popular tourist destinations. Known for its sunny Florida weather, restaurants, and museums as well as its world-famous theme parks. Orlando belongs on a number of prized top ten lists, but unfortunately, Orlando also makes it into the top ten of a recent list of cities with the most aggressive drivers on the road. car driving aggressively orlando

It’s a serious issue, as aggressive driving leads to car accidents, injuries and fatalities. The state of Florida overall is not known for having the best drivers either. According to a study that looked at four different factors to rank the worst drivers in the country, Florida was number eight for the year 2018. For 2017, Florida was number one in the country for having the worst drivers.

The analysts in the aggressive driving study looked at the frequency of hard breaking, swift acceleration and speeding. There are a number of other actions that might constitute aggressive driving, for example:

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How Much Compensation for Back Injury in Florida Varies

back injury in FloridaBack injuries are among the most persistent, life-altering injuries a person can sustain. They vary in severity from mild strains up to causing paralysis and can result from slips and falls, medical negligence, motor vehicle accidents or other circumstances. People who suffer back injuries often wonder how much compensation for a back injury they can count on in the state of Florida. The compensation available varies from case to case, but injured parties might be able to recover finances from lost wages, pain and suffering, medical expenses and/or other damages.

Recent Back Injury Client in Florida 

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Boating is one of the more popular activities in South Florida. In some cases, this includes going out in the bay or offshore from areas like Fort Lauderdale, but it can also involve taking a boat out of Lake Okeechobee in the Greater Orlando area. While this can involve a lot of fun, there are also serious boating accidents that occur each year which can result in serious personal injury or death. Some of these accidents can lead to the need to file a claim or personal injury lawsuit.

South Florida Boat Accident LawyerAccording to a recent news article from TC Palm, a major fishing tournament was canceled after the first day when two boaters went missing while participating in the tournament. Authorities including those from the Florida Fish and Wildlife Conservation Commission, have said one team consisting of two men who had traveled to the state to participate in the tournament were reported missing the night following the first day of this tournament on the lake. Continue reading →

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Lawmakers are gunning for a repeal of Florida’s no-fault auto insurance system – one they say is outdated and inefficient and costly to Florida motorists. Doctors and other health care groups are opposing the measure. car accident attorney

F.S. 627.736 stipulates that personal injury protection (PIP) benefits must accompany any auto insurance policy in Florida, and it must provide compensation to the named insured, relatives residing in the same household, persons operating the insured vehicle, passengers in the vehicle and others struck by the vehicle who suffered bodily injury while not an occupant of the vehicle (i.e., bicyclists and pedestrians). It allows for up to $10,000 in medical and disability benefits (with non-emergency benefits capped at $2,500) and $5,000 in death benefits, regardless of who is at-fault in the crash. Only if someone is severely injured (i.e., has lost an important bodily function, is permanently scarred or has broken a bone) or died can one pursue legal action to obtain bodily injury liability coverage from the at-fault driver’s insurer.

Now, HB-19, which has cleared an early hurdle for the next legislative session beginning in 2018, may change that. The measure calls for overturning the no-fault laws that necessitate PIP coverage, and would instead allow motorists to pursue legal action directly against at-fault drivers. PIP benefits would no longer be required. The proposal was cleared by the state house Commerce Committee recently. Continue reading →

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Florida Statute 767.04 imposes strict liability on dog owners for bites inflicted on others, no matter whether the dog was known to be vicious or whether the owner had knowledge of such viciousness. guarddogs

Strict liability means the owner can be held responsible to pay for damages caused by the bite, even if the owner didn’t do anything wrong. All that has to be shown is that defendant owned/ had control of the dog, the dog bit the plaintiff and plaintiff suffered injuries.

In the recent case of Arellano v. Broward K-9, Florida’s Third District Court of Appeal was asked to weigh whether a plaintiff in a dog bite case was precluded in her dog bite claim against defendant due to her own actions, which defendant asserted were the superseding and intervening cause. The appeals court reversed the trial court’s summary judgment in favor of defendant, citing the strict liability portion of the state’s dog bite law.  Continue reading →

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The Florida Supreme Court has issued a decision that strengthens a defendant’s use of liability waivers in fending off civil litigation. In so doing, the court approved the Fla. 5th District Court of Appeal’s approach and rejected the decisions reached by the First, Second, Third and Fourth District Courts of Appeal.signature

This is not to say just because an injured person signed a liability waiver – sometimes called a “release” – that the case is a lost cause. However, an injury lawyer will have to deftly argue that point to overcome this challenge even prior to trial.

The courts may still tend to view these waivers with a skeptical eye, but now with the ruling of Sanislo v. Give Kids The World, Inc. these documents may now pose a bigger problem for Florida plaintiffs than before.

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For patients under nursing home care, all aspects of health, medical treatment, and wellness are important. When you place a loved one under nursing home care, you expect that simple needs, including nutrition, hydration, and comfort, will be well tended. You also expect the nursing home to manage special needs, including dietary restrictions. In a recent case, a Tallahassee nursing home has been fined $31,000 by the state for failing to monitor the blood-sugar levels of diabetic residents. This oversight put dozens of patients at substantial risk of severe injury or death. According to reports, diabetic residents were not properly monitored because the nurses didn’t have adequate testing supplies.

insulinThe Florida Agency for Health Care Administration imposed the order on the Heritage Healthcare Center after investigations led to an inspection of the facility. According to reports, 60 of the 67 patients who required glucose monitoring went weeks without proper testing. Investigators revealed that the necessary testing supplies were locked in a closet and that nurses did not have access to the materials to properly monitor glucose levels. Reports documented that the nursing home failed to test patients for 24 days in the month of April and at least 17 days in the month of May.

Nursing home negligence and failed care can leave patients at risk of serious injury, even death. Our Fort Lauderdale nursing home neglect attorneys are committed to bringing justice to patients and their families. Nursing home injuries, ranging from nutritional deficiencies, falls, bedsores, head injuries, improper medications, and other accidents that could leave a nursing home vulnerable for liabilities. We will take a strategic approach to investigate any allegation of nursing home abuse and take necessary action to protect your loved ones.

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Jones v. Imperial Palace – Trip-and-Fall Claims Require Actual or Constructive Knowledge

Suffering a fall in a public place can be more than a minor embarrassment – it can cause very real and very serious injury. parkingbumper

However, that alone is not enough to secure compensation. Proving premises liability in Florida as well as in most other jurisdictions requires proof the property owner or possessor had actual or constructive knowledge of the danger, the danger wasn’t easily knowable for the injured person, and the property owner failed to either mitigate the hazard or warn of it.

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In the event of an accidental death, on the road, on the water, a construction site, or private property, the cause of the fatality must be investigated. When an accidental death is the result of individual or organizational negligence, the victim’s family can bring a wrongful death lawsuit against responsible parties. After three powerboat racers died in an offshore race in 2011, the families of the victims are now bringing separate wrongful death lawsuits against the organizer of the race and other affiliated defendants.

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After a wrongful death, families want answers, but they also want to move on. While a wrongful death action cannot bring back a loved one, it does help to ensure that responsible parties are held accountable. For many families the financial compensation is also necessary to regain security and begin to move forward after an accidental death. Our Fort Lauderdale boating accident lawyers are experienced in the investigation and pursuit of wrongful death claims against negligent individuals and entities.
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