Miami Injury Lawyer Blawg

Car accidents in Miami are sometimes unavoidable. However, a 2008 car accident caused by a 17 year old habitual texter, is the very definition of an avoidable accident that was caused by a distracted driver.

As reported by The Miami Herald, Myriam del Socorro Lopez was a passenger in a car travelling eastbound on Bird Road, when Luis Cruz-Govin, 17 was speeding and weaving in and out of traffic in his father's Subaru when he slammed into Lopez's vehicle. Lopez died on the scene.

According to evidence presented in the case, Cruz-Govin was driving between 61 and 69 miles per hour in a 40 mph zone. Records showed an outgoing text at 8:19 p.m. On the day of the accident Cruz-Govin had sent 127 texts. Asif speeding and texting was not enough, there was marijuana and cocaine in the Subaru, and a partially consumed bottle of Delsym cough syrup.

Police at the scene charged Cruz-Govin with speeding and reckless driving, but not vehicular homicide. He was given a $2,000 fine, and his license was suspended for six months. In addition, he had to complete a court- ordered advanced driving course.

As I recently wrote, The National Transportation Safety Board recently recommended that the Federal Government ban the use of all cell phone and texting devices during driving. Studies show that Distracted Drivers are 8-10 times more likely to be involved in an accident.

Continue reading "Jury Returns $8.8 Million Verdict Against Distracted Driver" »

In hopes of reducing Car Accidents, The National Transportation Safety Board said on Tuesday that it had voted to recommend the ban on the use of mobile devices by drivers, citing what it said were the risks of distracted driving.

The recommended ban applies to hands-free devices, a recommendation that goes further than any state law to date. The agency said it is recommending that drivers be allowed to use their phones for emergency purposes only.

This proposed ban is in would go a long way in reducing accidents caused by distracted driving. Hopefully, Florida will follow the lead and pass long overdue legislation.

35 States have a ban on texting while Driving. Florida does not, and remains one (1) of 15 states without a ban on sending text messages while driving.

The legislative session starts in January 2012, and hopefully lawmakers will enact a ban during the 60-day session.

Despite widespread public support for such a law, bans have been defeated because Republicans view the law as an intrusion on personal liberty. Sen. Ellyn Bogdanoff, R-Fort Lauderdale, famously blocked a proposed texting ban from being heard in her House committee in 2010, a move that killed the bill.

Under the proposed ban, it would still be OK to text at a red light, or use GPS, talk on the phone or dial a number while driving. The ban would extend to composing emails and instant messages.

The first violation would result in a $30 fine. A second violation within five years of the first would cost $60 and three points added to a driver's license. Six points would be added if the use of a wireless communications device resulted in a crash.

Lobbyists from AAA, AT&T and AARP spoke in support of the measure.

Thirty-five states have introduced texting bans on all drivers. Other states have added restrictions for certain groups, such as teens and bus drivers. Of course, Florida has no such laws.

"It's time that we caught up with the rest of the nation," said Sen. Arthenia Joyner, D-Tampa, during the committee meeting, "because texting is addictive."

Some lawmakers are trying other ways to curb distracted driving. An idea (SB 122) from Sen. Eleanor Sobel, D-Hollywood, would require driver improvement and learner's permit courses to include a segment on the hazards of using phones and other devices at the wheel. It passed its first committee hurdle Wednesday.

And Reps. Irv Slosberg, D-Boca Raton, and Sen. Thad Altman, R-Rockledge, have introduced a ban (HB 187/SB 930) on minors using cellphones on the road. Slosberg wants to include school bus drivers, as well.

While the full state Senate has been warm to the ban, having passed it in 2010, the House is another story.

Continue reading "Florida Needs To Pass A Ban On Texting While Driving" »

The U.S. Department of Transportation today unveiled "OMG," a new public service announcement (PSA) to warn teenagers against the dangers of distracted driving.

The PSA is available on the newly redesigned Distraction.gov website, along with new materials designed especially for young drivers. The PSA will air nationwide on Regal Cinema theater screens this week and on gas station pump-top screens owned by Outcast's PumpTop TV throughout the month of December.

Two versions of the PSA will air. A version geared towards a teenage audience will run exclusively on 6,589 movie screens in 526 cinemas across the country that are owned and operated by Regal Entertainment Group. A more somber version will air on the 12,000 screens that top pumps at high traffic gas stations across the United States operated by Outcast's PumpTop TV. Both versions of the PSA are available for viewing on DOT's redesigned website, www.Distraction.gov.

"Today's teenagers make no secret about the fact that they want to stay connected to their social networks and enjoy text messaging. That's why it's so important that we educate young drivers of the dangers of distracted driving and help them make smart decisions that will keep them safe during the holiday season and beyond," said NHTSA Administrator David Strickland.

In 2009, Secretary LaHood launched a national anti-distracted driving campaign to combat the growing trend toward this dangerous behavior, including a dedicated website to provide the public with a comprehensive source of information on the issue. Since then, DOT has also hosted two national summits devoted to reducing distracted driving, crafted sample legislation which states can use to adopt distracted driving laws, and initiated pilot law enforcement programs in Hartford, Conn., and Syracuse, N.Y., modeled after the Department's successful efforts to increase seatbelt use and curb drunk driving.

Currently 35 states, the District of Columbia, and Guam have banned text messaging by all drivers. Nine states, the District of Columbia, and the Virgin Islands have prohibited all hand-held cell phone use while driving.

To view the new ads click here.

To learn more about DOT's campaign against distracted driving, visit www.Distraction.gov.

Continue reading "New PSA Warns Teens About Dangers Of Distracted Driving" »

The M.R.I. was long thought to be an invaluable diagnostic tool. However, scans are easily misinterpreted and can result in misdiagnoses leading to unnecessary or even harmful treatments. That being said, The M.R.I. is only as good as the person reading the test, and should only be a one part of the final diagnosis. To that end, the doctor's physical examination and the patient's complaints should all be considered in the ultimate diagnosis and recommended treatment options.

As reported by the New York times, Dr. James Andrews, the go-to sports medicine orthopedist wanted to test his suspicion that M.R.I.'s, might be a bit misleading. So he scanned the shoulders of 31 perfectly healthy professional baseball pitchers. As a brief aside, Dr. Andrews signed an exclusive 10-year, $200 million deal with the New York Yankees that will prohibit him from operating on the elbows, shoulders and knees of any athlete not in the Yankee organization.

The pitchers scanned were not injured and had no pain. But the M.R.I.'s found abnormal shoulder cartilage in 90 percent of them and abnormal rotator cuff tendons in 87 percent. "If you want an excuse to operate on a pitcher's throwing shoulder, just get an M.R.I.," Dr. Andrews says. I would argue that Dr. Andrews never performed surgery on a pitcher's throwing shoulder solely on the basis of an MRI study.

He and other eminent sports medicine specialists are taking a stand against what they see as the vast overuse of magnetic resonance imaging in their specialty.

M.R.I.'s can be invaluable in certain situations -- finding serious problems like tumors or helping distinguish between competing diagnoses that fit a patient's history and symptoms. They also can make money for doctors who own their own machines. And they can please sports medicine patients, who often expect a scan.

"It is very rare for an M.R.I. to come back with the words 'normal study,' " said Dr. Christopher DiGiovanni, a professor of orthopedics and a sports medicine specialist at Brown University. "I can't tell you the last time I've seen it."

In sports medicine, where injuries are typically torn muscles or tendons or narrow cracks in bones, specialists like Dr. Andrews and Dr. DiGiovanni say M.R.I.'s often are not needed -- they usually can figure out what is wrong with just a careful medical history, a physical exam and, sometimes, a simple X-ray.

M.R.I.'s are not the only scans that are overused in medicine but, in sports medicine, where many injuries involve soft tissues like muscles and tendons, they rise to the fore.

In fact, one prominent orthopedist, Dr. Sigvard T. Hansen, Jr., a professor of orthopedics and sports medicine at the University of Washington, says he pretty much spurns such scans altogether because they so rarely provide useful information about the patients he sees -- those with injuries to the foot and ankle.

"I see 300 or 400 new patients a year," Dr. Hansen says. "Out of them, there might be one that has something confusing and might need a scan."

The price, which medical facilities are reluctant to reveal, depends on where the scan is done and what is being scanned. One academic medical center charges $1,721 for an M.R.I. of the knee to look for a torn ligament. The doctor who interprets the scan gets $244. Doctors who own their own M.R.I. machines -- and many do -- can pocket both fees. Insurers pay less than the charges -- an average of $150 to the doctor and $960 to the facility.

Steve Ganobcik is something of a poster child for what can go wrong with the scans. A salesman who turns 44 on Saturday, Mr. Ganobcik twisted his knee skiing in Colorado in February. He continued skiing anyway and skied again the next two days as well, not wanting to cut his vacation short.

When he got home to Cleveland, his knee still bothered him, so he saw a sports medicine orthopedist. The doctor immediately ordered an M.R.I. and said it showed a torn anterior cruciate ligament, or A.C.L. It is one of the most common -- and most devastating -- sports injuries. The standard treatment is surgery, with a difficult recuperation lasting six months to a year.

Mr. Ganobcik looked into surgical techniques and decided he wanted a different one than the one his doctor offered. So he saw another sports medicine orthopedist who, agreeing that Mr. Ganobcik's ligament was torn, scheduled the operation.

Meanwhile, Mr. Ganobcik heard that Dr. Freddie H. Fu, chairman of the division of sports medicine at the University of Pittsburgh, had what might be an even better technique, so he went to see him.

To Mr. Ganobcik's surprise, Dr. Fu told him his ligament was not torn after all. His pain was from a fracture in a long bone in the lower leg that the other doctors had also noticed was broken. An M.R.I. at the University of Pittsburgh confirmed it, showing a perfectly normal A.C.L. (Dr. Fu adds that Mr. Ganobcik's original scans had an image that was ambiguous. He wanted a better one, to see if Mr. Ganobcik's ligament had been partly torn and was healing or had never been torn at all. He would not need surgery with a partial tear, but he would need more careful recuperation.)

Dr. Fu's suspicions were raised by Mr. Ganobcik's story. He could never have continued skiing with a torn A.C.L. The diagnosis "made no sense," Dr. Fu said, and that, illustrates a common problem: relying on an M.R.I. instead of a history and an exam, as I noted at the beginning of this story

Continue reading "An M.R.I. is Only One Piece Of The Puzzle" »

Personal Injury Lawyers can tell you the number of accident cases caused by distracted driving continue to rise.

A new study suggests that" texting while driving doubles a driver's reaction time," Christine Yager, who led the study at Texas A&M University's Texas Transportation Institute, told Reuters on Wednesday.

As reported by Reuters news, 42 drivers between the ages of 16 and 54 drove on an 11-mile test track course while sending or receiving text messages, and drove it again while focusing completely on the road.

Drivers were asked to stop when they saw a flashing yellow light, and their reaction times were recorded, Yager said.

The typical time it took a driver who was not texting to respond to the flashing light was one to two seconds. But when the driver was texting, the reaction time extended to three to four seconds, and the texting motorist was 11 times more likely to miss the flashing light altogether.

Yager said the reaction time was the same whether the driver was typing a message or reading one.

"The act of reading and writing a text message are equally impairing and equally dangerous," she said.

Yager said the research differed from previous studies in that it involved participants driving actual vehicles, not driving simulators.

A previous well-respected study done on a lab simulator showed drivers reacted in less than one second when they were not texting and to stimulus while texting in 1-2 seconds, Yager said. The 3-4 second lag time in the actual driving study is significant because in that period at highway speeds one can travel the length of a football field, she said.

Institute spokesman Rick Davenport said texting drivers were less able to stay in their lane and unable to maintain a constant speed.

In addition, texting drivers were more likely to swerve in their lane, Yager said.

"Even though we had participants drive at 30 miles an hour with very wide lanes on the test track, we still had many close calls," she said.

"We had participants strike barrels, and it is very scary to think that this is happening on our public roadways."

Yager said the study findings extend to other driving distractions, such as checking e-mail and Facebook.

U.S. Transportation Department statistics indicate distracted driving contributes to as much as 20 percent of all fatal crashes, and that cell phones are the primary source of driver distractions.

At least one in five motorists has admitted to texting while driving, according to the department.

Text messaging while driving is banned in 34 states and the District of Columbia, according to the Insurance Institute for Highway Safety. An additional seven states ban texting while driving for some motorists, such as those under 18 or bus drivers. In addition, many cities and counties have banned texting while driving.

Continue reading "New Study Shows Distracted Driving Is Even More Serious Than We Thought" »

A detached retina occurs when the retina is pulled or falls away from its normal position. The retina is a light-sensitive layer of tissue that lines the back of the eye. It converts visual images into nerve impulses in the brain that allow us to see.

During an automobile accident, the forces of the crash can put pressure on a number of internal organs causing bleeding, pain and chronic disabilities. When the head strikes a blunt object such as a steering wheel or window, a tear or break in the retina can occur. These tears can lead to retinal detachment and if left untreated, can cause permanent damage to the eye and even blindness.

A retinal detachment is painless. If you have any of these symptoms, contact an eye doctor immediately:

Sudden appearance or increase in the number of "floaters," which are shapes that float in the eye and are seen in the field of vision
Brief flashes of light in the eye
Loss of the eye's central or peripheral field of vision
A curtain appears to fall over part of the visual field
Sudden changes or blurring of vision

There are two types of surgical procedures for treating a Retinal Detachment:

Vitrectomy-- Which is the surgical removal of vitreous fluid that is pulling on the retina and causing detachment

Scleral buckle--the surgical placement of a flexible band or band(s) around the eye.

See the video below:

The Million Dollar Advocates Forum is pleased to announce that MIami Personal Injury attorney Mark Alexander Kaire of Miami, Florida has been certified as a member of the Multi Million Dollar Advocates Forum. Mr. Kaire is presently a Life Member of the Million Dollar Advocates Forum, one of the most prestigious groups for trial lawyers in the United States. Membership in the Million Dollar Advocates Forum is limited to attorneys who have won million and multi-million dollar verdicts, awards and settlements. The organization was founded in 1983 and there are approximately 4000 members located throughout the country. Fewer than 1% of U.S. lawyers are members. Forum membership acknowledges excellence in advocacy, and provides members with a national network of experienced colleagues for professional referral and information exchange in major cases. Members of the Million Dollar Advocates Forum must have acted as principal counsel in at lease one case in which their client has received a verdict, award or settlement in the amount of one Million dollars or more. Members of the Multi-Million Dollar Advocates Forum must be Life Members of The Million Dollar Advocates Forum and must have acted as principal counsel in a case which resulted in a multi-million dollar verdict, award or settlement. Mr. Kaire is a member of both the Million Dollar Advocates Forum and the Multi-Million Dollar Advocates Forum. Mark Alexander Kaire is a graduate of University of Miami School of Law and specializes in Medical Malpractice and personal injury.

This car accident verdict highlights the importance of Uninsured Motorist Benefits.

In 2009 Hugo Araque was involved in a car accident with a teenage driver. Hugo injured his back, and the teenage driver's insurance company paid their bodily injury liability limits of $10,000.00. Thankfully, Hugo had purchased an Uninsured motorist policy with USAA insurance company. Uninsured motorist coverage provides protection to the insured in the event he/she is involved in an accident that results in bodily injury, and the tortfeasor(person who caused the accident) either does not have any bodily injury liability insurance or does not have sufficient insurance to compensate the insured.

In this particular case, Mr. Arague alleged that his back injuries worsened after the crash and exceeded the $10,000.00 paid by the tortfeasor's insurance company. Accordingly, he demanded that USAA pay their policy of $200,000.00. USAA refused to do so.

As reported by The Daily Business Review, Harlan Gladstein, the insurance company's lawyer argued Mr. Arque's pre-existing back injuries were sustained during military service.

Jurors assessed the husband's medical expenses and lost earnings at $1.43 million, far beyond the $200,000 benefit. Jurors awarded him another $72,000 for pain and suffering and $73,000 to his wife.

"This was a runaway verdict," Gladstein said.

A bad faith lawsuit will follow to attempt to collect on the full judgment.

Continue reading "Jury Returns $1.57 Million Verdict In Car Accident Case" »

Winning a Personal Injury lawsuit can be difficult. A Personal Injury lawyer and his client will ride many emotional waves during the course of the litigation, and hopefully after an exhausting battle you get to the conclusion and the Jury announces a verdict for your client. However, If the defendant was uninsured the most difficult part of the ordeal is just beginning-collecting on the Judgment. If the Defendant was an uninsured Miccosukee Tribe member collecting on that paper judgment may be more difficult than winning the underlying lawsuit.

As reported by the Miami Herald, In early October 1998 Carlos and Liliana Bermudez drove with their baby son Mathew across the Tamiami Trail to fish off a pier in Marco Island.

As they headed back that night, Tammy Gwen Billie, who was driving west in an Acura Legend crossed over the center line and slammed into the Bermudezes' Toyota Cressida, near the Miccosukee Indian reservation. Liliana was killed as a result of the crash. Tammy Gwen Billie, whose three-year-old daughter, Lydia, was a passenger in her car, had been driving under the influence of cocaine and other drugs, according to police and toxicology reports. She eventually pleaded guilty to vehicular homicide in that case -- after she was charged again on a separate drug-related driving offense in 2001 -- and served eight years in prison.

In 2009, more than a decade later, Bermudez won a $3.17 million Wrongful Death verdict. The court entered judgment against the driver, Tammy Gwen Billie, and her father, Jimmie Bert, the owner of the uninsured Acura. But the father and daughter, both Miccosukee Tribe members, have refused to pay despite admitting fault at trial and losing all appeals, saying they don't have the money.

For the Bermudez family, it has been virtually impossible to collect their Miami-Dade Circuit Court jury award, even when the defendants admit they have some assets.
In a court filing, Tammy Billie's father, Bert, said he has received between $35,000 and $40,000 in quarterly distributions from the Miccosukee Tribe since 2007, and that he earned another $118,391 in 2009. In a separate filing, Billie, said she received between zero and $4,000 in quarterly distributions over the same period, and that she earned another $7,305 in 2009.

The Bermudezes' civil case -- resulting in a rare monetary judgment against the two Miccosukee Indians -- reflects the extreme difficulty of suing members of a sovereign Indian nation.

In most litigation, the Miccosukee Tribe and its members cite sovereign nation status as a defense, saying they cannot be sued in U.S. courts or served with complaints or subpoenas on or off the reservation.

The legal strategy, used by the Miccosukees and other Indian tribes, usually wears down their opponents in court.

Those quarterly distributions likely came from the Miccosukee Tribe's gambling profits at its casino operation in West Miami-Dade. The Internal Revenue Service, in an unrelated case, is investigating the tribe's distribution of tens of millions of dollars a year to its 600 members, alleging that the Miccosukees have failed to report that income and withhold taxes, as required by law. The IRS estimates that each tribe member receives about $17,000 per quarter in gambling profits, though other sources familiar with the tribe's finances say the payout is considerably higher. The Miccosukee Tribe counters that its members do not owe taxes on those distributions.

For Carlos Bermudez, 43, and his son, Mathew, now 14, the delay in getting compensated has dragged out their suffering.

Last month, Miami-Dade Circuit Judge Michael Genden sanctioned the two Miccosukee defendants and their Miami attorney, Michael Tein, citing their "abuse of the discovery process" as Rodriguez attempted to uncover potential sources of income, property and other assets to satisfy his client's multimillion-dollar judgment. This legal process in referred to as discovery in aid of execution. A Plaintiff is not allowed to inquire as to a Defendant's assets prior to securing a verdict. However, once the Plaintiff prevails, and a Judgment is entered, the Plaintiff is allowed to conduct discovery in hopes of finding assets to collect on that Judgment.

Continue reading "A Grieving Family Is Left Trying To Collect On A Judgment" »

We have all been passed by Tractor Trailers as if we were not even on the road. Unfortunately, most police officers do not enforce Florida's "3 foot law". Failure to follow the law led to a tragic death on Saturday afternoon.

Randolph Oller, a 48 year old Melbourne man was working on his car on I-95 Saturday afternoon when he was killed. Oller, was on the east shoulder working on his car, when troopers say he fell into the outside lane for an unknown reason and was hit by the right rear tire of a tractor-trailer driven by 35-year-old Jesus Rodriguez, of Hallandale.

This accident occurred at approximately 4:30 P.M., and visibility was not an issue. To that end, Jesus Rodriguez had an duty to keep a proper lookout, and to pass Mr. Oller at a safe distance. Had Mr. Rodriguez operated his vehicle in accordance with Florida's "3 foot law" this accident could have been avoided.

Florida Statute 316.083 states:

The following rules shall govern the overtaking and passing of vehicles proceeding in the same direction, subject to those limitations, exceptions, and special rules hereinafter stated:
(1) The driver of a vehicle overtaking another vehicle proceeding in the same direction shall give an appropriate signal as provided for in s. 316.156, shall pass to the left thereof at a safe distance, and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle. The driver of a vehicle overtaking a bicycle or other nonmotorized vehicle must pass the bicycle or other nonmotorized vehicle at a safe distance of not less than 3 feet between the vehicle and the bicycle or other nonmotorized vehicle.

Whenever Governor Scott talks about Insurance Reform, you cannot help but feel that this is bad for accident victims, and good for the insurance industry. The governor says the reforms are needed because of Insurance Fraud. Imagine the irony in the governor wanting to limit insurance fraud.

At the center of the debate is Personal Injury Protection Insurance(PIP)
Florida is one of 10 so-called no-fault accident states. Most other states, 38 in all, have what is known as a tort system, which requires motorists to purchase bodily insurance coverage. A tort system holds at-fault drivers liable for the economic and non-economic damages they inflict on others. In no-fault states,drivers are required to purchase PIP insurance, and they are responsible, regardless of fault(no-fault) for their own medical bills(economic damages) up to $10,000.00. It is within PIP that the abuse in the system lies. To that end, the many commercials we hear all day long from certain medical facilities that claim you may be entitled to $10,000.00, lead people to these facilities in search of their $10,000.00. Unfortunately, the $10,000.00 are not for the accident victim, but rather for payment of medical bills.

Florida Law requires owners of motor vehicles to maintain PIP(Personal Injury Protection) and Property damage liability(PD). There is no requirement that drivers purchase Bodily Injury Liability Insurance(BI). Thus the majority of drivers in Florida do not carry insurance to compensate accident victims for their injuries-again florida is in the minority-as 80% of the states require a motorist to carry Bodily Injury Insurance.

As reported by the Miami Herald, neither Scott nor any Cabinet member called for outright repeal of the state's 1972 no-fault auto insurance law, but they agreed changes, perhaps even dramatic ones, must happen.

Scott said he wants McCarty to consult with key lawmakers and push for reforms to be taken up in the next legislative session that begins in January. But by then, McCarty said, more premium increases are likely. Premiums have already increased more than $900 million since 2008.

More than a decade after a scathing grand jury report exposed the extent of car insurance fraud in Florida, McCarty acknowledged that a series of minor tweaks by legislators have failed to combat the problem.

By staging accidents, ordering needless medical tests and other abuses, McCarty said, scammers have driven up car insurance premiums for everyone.

"There's a group of people -- fraudsters and hucksters -- who have perfected the system of finding the weak points, and they're taking advantage of that," McCarty said.
The notion that PIP fraud is mostly a Miami-area problem is a "myth," McCarty said.
Tampa has become the epicenter of staged car accidents in Florida, with 739 such crashes in 2010, a five-fold jump over the 125 reported in 2008, according to McCarty's report.

Between 2008 and 2010, McCarty said, total PIP benefits paid increased from $1.4 billion to $2.3 billion, a 70 percent increase. The money comes from premiums paid by all drivers.

Total PIP-related lawsuits more than doubled in the same period, from about 7,500 to nearly 19,000. However, this is a misleading statistic because lawsuits are necessary to enforce payment of legitimate medical bills. For example, United Automobile Insurance Company routinely denies payment of ALL medical bills. Yet this company has gone without repercussions from the State.

For every $1 motorists pay in premiums, McCarty said, the insurance industry spends $1.40 in losses and expenses.

"Obviously, that is not sustainable," said McCarty, who predicted more rate increases or an exodus of insurers from Florida. Again, Insurers are threatening to leave the state-sound familiar(Homeowners,Medical Malpractice). Either give us everything we want or we are leaving.

Chief Financial Officer Jeff Atwater said if another package of reforms can't curb fraud, it's time to abolish PIP coverage.

Continue reading "Governor Scott Wants More Automobile Insurance Reforms " »

Florida Personal Injury Lawyers know that Injury Lawsuits often become a battle of experts. The issues which are most commonly contested are those of Causation-whether the subject accident caused the injury in question, and Permanency-whether the injury resulted in a permanent injury.

For the injured Plaintiff the testimony on the above issues is typically presented by the treating physician. In contrast, the defendant will retain and pay an expert to examine the Plaintiff and render opinions. Specifically, Florida Rule of Civil Procedure (FRCP) 1.360(a)(1)(A) allows the defendant in a personal injury case to have a qualified expert of its own choosing perform a medical examination on the plaintiff with regard to the injury or injuries in controversy. This type of examination has come to be referred to as a "compulsory medical examination," or "CME."

In light of the fact that the opinions and testimony of the defense hired doctor are so critical, it is imperative to discover as much information as possible about the defense doctor and to videotape the actual examination.

Florida Law allows the Plaintiff's attorney to inquire as to the amount of money the particular doctor earns by conducting these examinations, the number of times he has examined individuals on behalf of the particular defendant and/or defendant law firm, the number of depositions given, trial testimony, etc. It is imperative to secure this information to show the doctor's bias.

Likewise, it is also important to videotape the examination. To that end, without videotaping the examination it is difficult to challenge the doctor on his examination, and what the actual Plaintiff's complaints were on a given day. It is not unusual for a defense doctor to testify that the Plaintiff did not have complaints on a given day, to minimize the complaints or the findings during an examination.

The video shown below is an actual video from a Compulsory Medical Examination.

The video makes it clear why it is so important to videotape these examinations.

A Florida Personal Injury Lawyer has filed a lawsuit on behalf of Kitzie Nicanor, the pedestrian that was critically injured when officer Derick Kuilan struck her and a friend with his city-issued ATV.

The Miami-Dade State Attorney's Office charged Kuilan Tuesday with two felony counts of drunk driving with serious bodily injuries and two counts of reckless driving. He has since been released on bond.

According to the arrest warrant, Kuilan was assigned to the midnight ATV patrol shift when he and officer Rolando Gutierrez, assigned to the Mid-Beach district, went to the Clevelander hotel around 5 a.m. They mingled with four young women at a bachelorette party.

Kuilian then invited the bachelorette, Adalee Martin, for a ride on his ATV.
Witnesses said the two were riding the vehicle with lights off when they plowed into Nicanor -- in town from Seattle for a family reunion -- and Luis Almonte of North Miami.
Almonte suffered a leg injury that required surgery and has been released from the hospital. He is undergoing physical therapy.

The lawsuit named the Clevelander Hotel, alleging its management often encourages Miami Beach police officers to stop in and join the party - on duty or not. As reported by The Miami Herald, The lawsuit claims the hotel created a dangerous situation by promoting "an environment for on-duty, uniformed police officers, including Derick Kuilan, to drink freely."

The suit, which names the hotel and Kuilan, alleges that the hip tourist spot has a longstanding history of serving uniformed police officers alcohol in concealed containers.
The suit outlines numerous allegations against the hotel. It asserts that Kuilan was a frequent patron of the bar and that employees knew he often drank excessively.
But management at the Clevelander said Thursday they did not serve alcohol to Kuilan that morning, and that the hotel will dispute all the charges.

Five hours after the accident, which happened about 5:30 a.m. July 3 on a South Beach shoreline, Kuilian's blood alcohol level measured .088 - just above the legal limit for operating a vehicle.

Investigators are still trying to determine exactly where Kuilan consumed the alcohol; the arrest warrant did not state that he drank at the Clevelander.

Nicanor who is paralyzed on her right side and suffers from memory loss, will also file suit against the city of Miami Beach.

Continue reading " ATV Crash Victim Files Lawsuit " »

As a Miami Personal Injury Lawyer, I represent victims and their families who have been wrongfully injured and/or killed. Most of my posts on this blog are critical of insurance company's and medical providers that do not provide appropriate care. However, today, I am critical of a personal Injury lawsuit that was filed against Alonzo Mourning. I am not critical because the case is against Alonzo Mourning, a true pillar of our community, but because it appears as if there was no basis for the lawsuit.

The alleged facts are that Alonzo Mourning crashed his Porsche into the side of a disabled car on the Julia Tuttle Causeway at approximately 3:00 am Sunday morning. Alonzo Mourning stopped to check on an accident victim before going home, calling police and then returning to the scene.

When Mourning's car collided with William Candelario's Audi, the Audi had already collided with another vehicle. Both of them were stopped on the causeway near the intersection with Interstate 95.

The personal injury lawsuit filed Wednesday in Miami-Dade Circuit Court, alleges Mourning acted negligently by failing to assist the victim, William Candelario, 21, a Miami college student who claims he was disabled and disfigured in the accident and wants monetary damages.

Mourning has not been charged in the collision.

Florida Highway Patrol Sgt. Tom Pikul acknowledged there are several unanswered questions in the investigation of the two separate crashes. Among them: were any of the three drivers given a sobriety test? Will anyone be charged with wrong-doing?

Pikul said the answers to those questions would come from FHP investigators by Friday.

Candelario's lawyer said he did not know if Candelario was in his car when Mourning's Porsche hit it.

Candelario's injuries include a concussion and memory loss, and he has twice sought treatment at the Aventura Hospital emergency room.

Also named as a defendant in the lawsuit is Eddy Desir of Miami, the driver of a Chevrolet Impala involved in the earlier crash with Candelario.

At the news conference Wednesday, Candelario said he has little memory of what happened as he was driving west early Sunday. He said he does remember being outside his car and seeing Mourning approach him.

"I remember asking him, 'You're Alonzo Mourning?' " said Candelario. He said Mourning nodded.

Continue reading "Personal Injury Lawsuit Filed Against Alonzo Mourning" »