Articles Posted in Personal Injury

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medmalpractice.jpgIn a long awaited decision by the Florida Supreme Court, Estate of Michelle Evette McCall v. U.S., No. SC11-1148, the damages cap provided in the Tort Reform law from a few years back was ruled illegal as it violated the Equal Protection Clause of the Florida Constitution.

Although this opinion is limited to wrongful death noneconomic damages, it is likely that some trial courts will apply this Court’s reasoning to personal injury medical malpractice cases as well.

Because of the limits for noneconomic damages, it became cost prohibitive for plaintiff’s personal injury lawyers to seek relief for someone too young or too old to work. Why should those persons be entitled to any less than someone fully employed?

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texting.jpgTexting + driving = bad things happen. My husband, a twenty year veteran DUI officer in St. Petersburg, Florida shows me gruesome car accident photos now and again that help keep me in line. As a result, I run less red lights that still look orange to me, and I try to avoid certain behaviors while driving, including texting.

But I was surprised to learn that texting while driving is much much worse than drinking and driving. Did you know for instance that the five seconds you look at your phone to read or write a quick text, amounts to a football field of distance going 55 mph. Approximately a quarter of all accidents involve cell phones. I use the excuse that I only text at red lights or I pull over. But really, how many times do I finish typing or reading the sentence I started, while I accelerate when the light turns green. It would not take much more than a second or two for a pedestrian or bicyclist to move in front of me while I’m still looking down foot pressed against the accelerator. I am also very guilty of writing three words or less while driving. Still takes five seconds to do that. Meantime a football field has passed by.

Be a good example for your kids. 48% of young people say they see adults regularly texting while driving. That’s no different than getting drunk off your &^% and getting behind the wheel. In fact it’s eight times worse according to statistics.

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