Accident and Injury | 62 Blog Posts

A 52-year-old Florida man has been arrested and charged for his role in an accident that claimed the life of an Arkansas police chief in April. Lowell, Arkansas Police Chief Joe Landers was at a motorcycle event in Panama City when he was hit by another vehicle, causing him to flip over his handlebars. Landers died from his injuries about a week after the accident. According to the News Herald, Jimmy John Christo Jr. has been charged with fleeing the scene of a critical injury accident, possession
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Thirteen people have been charged for their role in the hazing death of Florida A&M University (FAMU) band drum major Robert Champion. According to The Washington Post, Eleven FAMU band members were charged with a third degree felony charge of hazing resulting in death and two others face misdemeanor counts of first-degree hazing. The 26-year-old Champion passed away in November soon after taking part in an initiation routine that invo
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Charges have finally been filed after two years of investigating the circumstances that caused two Italian nationals to be fatally engulfed in flames at a hyperbaric clinic in Lauderdale-by-the-Sea. According to the Sun-Sentinel, 62-year-old Vincenza Pesce and her four-year-old grandson Francesco Martinisi were burned alive after a fire erupted in the pressurized chamber. The two had traveled to South Florida from San F
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Recently, a number of lawsuits have been filed against Bayer alleging that it failed to properly warn of the health risks associated with its top selling Yaz and Yasmin line of oral contraceptives. To date, Bayer has resolved 651 suits claiming that Yaz and Yasmin can cause fatal blood clots and other related health issues in women who take the medication. According to various reports, Bayer has paid a total of approximately $142 million in damages, or about $218,000 per individual case. While these figures may seem substantial, Bayer may only have seen the tip of the iceberg as far as com
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The Florida Highway Patrol (FHP) has been faulted but not held criminally liable for playing a role in a series of deadly crashes that occurred in January on Interstate 75. According to Fox News, the Florida Department of Law Enforcement has determined that the FHP erred in reopening a dangerous road but that no there were no criminal violations. On January 29th, the FHP reopened I-75 outside of Gainsville even though it was blanketed by fog and wildfire smoke. That morning,
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An elderly woman was charged with careless driving after crashing her Toyota Camry into a crowded Publix supermarket in Palm Coast. According to WTSP, 76-year-old Thelma Wagenhoffer traveled quite far into the store after crashing through the exit doors. The car struck ten people in the store, but there were no fatalities as a result of the accident. The crash reportedly occurred when Wagenhoffer stopped at a stop sign and then hit the gas pedal instead of the brakes.

Two i
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Tampa Bay Rays minor league pitcher Brian Bush was charged with a number of crimes after he hit a motorcycle and drove away, allegedly while under the influence. According to the Chicago Sun-Times, Bush was driving south on U.S. 41 in Port Charlotte when he hit a motorcycle driven by 72-year-old Anthony Tufan and drove away in the other direction. Bush has been charged with DUI, multiple counts of leaving the scene of an accident with injury, and driv
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An elderly woman has been charged after an accident that killed 64-year-old motorcyclist Charles Bixler. According to the Miami Herald, 77-year-old Barbara Dunn reportedly veered into oncoming traffic and her van struck Bixler’s motorcycle, killing him despite him wearing a helmet. Two other motorcyclists with Bixler were run off the road where their vehicles overturned; but they were treated at Halifax Health Medical Center in Daytona for non-life-threatening injuries. Dunn
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A man wanted in Florida for various offenses has been arrested in Wyoming for his role in a horrific deadly crash. According to the Herald-News, 24-year-old Daniel Rebarchek was speeding in his 2007 Chevy Tahoe when he smashed into the back of a 2005 Nissan Armada carrying eight family members to a family wedding in California. The crash led to the death of 6-year-old Dynasty X. Barcenas, as well as serious injuries for the other occupants of the car. Rebarchek was l
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The Florida House of Representatives has passed the Aaron Edwards Bill, which awards the 14-year-old $15 million in his lawsuit against Lee Memorial Hospital. The Bill now heads to Governor Rick Scott’s desk, and he has said he will sign the bill. The passing of this bill directs Lee Hospital to pay Aaron a $10 million lump sum and $1 per year for the next five years. According to Naples News, if passed, this claims bill would be the second-largest ever in the s
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A truck driver from Jacksonville has been charged with vehicular manslaughter after an investigation by the Florida Highway Patrol (FHP) of a deadly accident over the summer. According to the Baker County Press, on June 21, 34-year-old Amos Roger Smith, Jr was driving his truck when he allegedly ran a red light and struck the side of a car. The passenger, 47-year-old Paul Donald Vanness of North Dakota, died
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Florida has once again taken a small step towards a texting while driving ban, as Florida's Budget Committee unanimously approved Bill 416, which makes texting while driving a secondary offense. This is the third time a bill including the ban has been proposed to the Senate, and the House bill HB 299 sits idly in committee. According to the Huffington Post, 71% of all Florida voters support a ban on texting while driving. Despite this voter support, Florida is one of 15 states tha
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Survivors of the sunken Costa Concordia cruise ship may have a series of regulatory obstacles to clear before they receive compensation for their injuries and losses, according to a recent Reuters article. According to the report, Carnival Corp, the cruise industry leader whose Italian subsidiary owned the Costa Concordia, is notorious for taking great, if legally questionable, lengths to protect itself from potential big-money lawsuits.  The Costa Concordia, whic
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A Florida Highway Patrol State Trooper has been cleared of wrongdoing after a Taser incident left a 20-year-old woman in a vegetative state, but questions from critics still remain. In the dashboard video released by the FHP, Danielle Maudsley is seen trying to flee in handcuffs when she is shot in the back by a Taser from a few feet away by Trooper Daniel Cole. In the video, Maudsley immediately collapses to the ground, hitting her head on the pavement in the process. According to Read More

Florida, Alabama, and Georgia are making a concerted effort to clarify the Move Over Law in each state after a scary reminder of why these laws were enacted. Last week, Florida Highway Patrol motorcycle trooper David Rodriguez was leaving the scene of a traffic stop when he was hit from behind by a vehicle that crossed into the emergency lane from the center lane. According to the Orlando Sentinel, the crash sent Rodriguez into the windshield of the car, shattering h
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The Florida Supreme Court recently ruled 5-2 that a tractor is indeed a “dangerous instrumentality.” This ruling clarifies and expands a law that is unique to Florida. According to the Miami Herald, this law allows an individual to sue the owner of a tractor if they are injured by the vehicle, even if someone else is driving it. In Florida, automobiles, golf carts, and forklifts have also been determined to be dangerous instrumentalities.

Florida’s dangerous instrumentality doctrine holds that the owner of an inherently dangerous vehicle or tool is responsible for
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More current and former players have filed lawsuits against the NFL for purportedly negligent and fraudulent actions regarding the research, handling, and treatment of concussions, according to CBS News. Lawsuits of this nature have already been filed in New Jersey, New York, Georgia, and Florida. The players and former players allege that repeated concussions caused them to have current memory loss, depression, and even degenerative brain disease. The NFL is attemp
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 The Florida State Senate has passed a bill approving a $10.75 million settlement for Eric Brody, who was seriously injured when hit by a Broward County Sheriff’s deputy. A jury awarded Brody over $30 million in 2005 but the Senate must approve any award over $200,000 that is paid by a government agency. Now 32, Brody was driving home from a part-time job in 1988 when the college-bound high school student was rear-ended by Sheriff’s deputy Christopher Thieman. Though the speed limit was 45 miles per hour, it is estimated that the deputy was going at least 70 miles per hour,
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A bus crash in Manatee County left twenty-one students injured after the bus plowed into a semi-tractor trailer, according to the Herald-Tribune. The bus, driven by Charles Orr, was carrying 40 students from Braden River Middle School. Allegedly, Orr turned around in his seat to hand out a disciplinary referral to a student and took his eyes off the road. Despite screams from the students, Orr was unable to stop the bus from smashing into the back of a semi, which was stopped at a traffic light. In all, 21 students plus the drivers of both the bus and the semi truck were taken to area hospi
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A motorcyclist was killed in a tragic accident this week when a van turned into his path after not seeing him, according to Tampa Bay Online.  Allegedly, a 2005 Chrysler van driven by 75-year-old Sarsfield McNulty made a left hand turn after stopping at the end of an exit ramp, veering into the path of 64-year-old John Meredith. Meredith’s motorcycle slammed into the left front of the van and burst into flames. Though his bike ended up under the van, Mer
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Florida Representative Scott Plakon, R-Longwood, has proposed legislation to repeal a 2010 law that allows motorists to be ticketed for being caught running red lights on newly-installed cameras at intersections. The bill, HB 4177, has not yet received a Senate backer, meaning that it may not be able to move any further than it is currently. According to the Orlando Sentinel, Representative Richard Corcoran, R-New Port Richey, introduced a similar bill last year t
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The family of a woman killed in a horrific car crash has been awarded a verdict of $8.8 million, according to the Miami Herald. Myriam del Socorro Lopez was the passenger of a car driven by her husband when 17-year-old Luis Cruz-Govin smashed into their car, the impact killing her immediately. Cruz-Govin was reportedly speeding, weaving between cars, had various drugs in the car, and was believed to be texting at the time of the crash. Cruz-Govin was charged with speeding and r
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A personal injury lawsuit filed against the former owners of a Perkins Restaurant in Budd Lake, New Jersey settled last month for $1.9 million, reports the New Jersey Herald. The plaintiff, a New Jersey man whose name has not been disclosed, sustained serious injuries to his spine and shoulders after falling in the restaurant’s parking lot in 2007.  According to a press release from the man’s attorneys, the victim slipped on an untreated patch of ice in an unlit area of the P
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Advocate Health and Hospitals Corp. will pay $7.5 million to the family of a 9-year-old girl who was permanently disabled as a result of alleged medical malpractice during her birth at Chicago’s Christ Medical Center.  The 2009 birth injury lawsuit, filed by the girl’s grandparents and legal guardians, alleged that the medical center staff was slow to respond to indications of fetal distress before the birth of Elliana Tribble. 

According to the family’s attorney, Tribble suffered oxygen deprivation for an extended period of time because of the staff's de
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An Ohio nursing home aide has pleaded guilty to seven counts of patient abuse or neglect committed against a 78-year-old Alzheimer’s patient, according to ABC 5 News Channel.  A State Tested Nursing Assistant, Virgen Caraballo, 45, was employed by the Elizabeth Severance Prentiss Center at MetroHealth in Cleveland where the abuse reportedly took place.  Caraballo is scheduled to be sentenced in January and co
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The family of suspected hazing victim, Robert Champion, will sue Florida A&M University, an attorney said Friday. Champion, 26, was a drum major for the renowned “Marching 100” band at FAMU and was on the road with the school’s football team when he passed on the evening of November 19.  Champion was found on a bus parked outside of an Orlando hotel following a loss to FAMU rival Behtune-Cookman.  According to police, Champion had been vomiting and complained of difficulty breathing before he collapsed.

Although the cause of Champion’s death has
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Brain injuries are a tragically common occurrence among premature newborns; however, scientists are finally beginning to understand the most common underlying cause of these injuries, according to NPR.  

Scientists claim that periods of stress in the days and weeks after birth, during which the infant’s underdeveloped lungs cannot take in sufficient oxygen, often results in damage to the most common type of white matter in the brain, even with
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According to the Palm Beach Post, the Florida Supreme Court has let stand a $10.3 million verdict awarded to the widow of a man who died due to medical malpractice. Although a 2003 Florida law passed by the State Legislature capped jury awards in medical malpractice claims, the high court ruled that the award was legal because the injury occurred before the law was passed. The 2002 Florida medical malpractice law stated that a claim shall proceed to trial “without l
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 A man with a long list of arrests faces more serious charges after hitting and killing a motorcyclist over the weekend. According to the St. Petersburg Times, 37-year-old Bret Anthony Cox of Port Richey has been charged with DUI manslaughter, two counts of causing DUI damage to property or person, and driving without a license. Records show that Cox had been arrested seven other times, four for driving under the influence and three related to d
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A Florida teen has been arrested and charged after a fiery crash that claimed the lives of two friends last February. Joshua Ritter, 19, has been charged with two counts of vehicular homicide and one count of reckless driving causing serious bodily injury. The Sun Sentinel reports that the five teenage boy passengers were taking turns speeding down Fort Florida Road in DeBary and hanging onto the outside of the car. This dangerous action is called &ld
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A Miami police officer was pulled over, arrested, and charged for driving 120mph and weaving dangerously while off-duty, according to the Miami Herald. The officer, 35-year-old Fausto López, was observed by a Florida Highway Patrol trooper driving at very high speeds on Florida’s Turnpike in Broward County earlier this month. Despite repeated warnings to stop and pull over, López reportedly continued on a high-speed chase that lasted for seven minutes. When
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In a tragic crash on Friday, October 7, four members of the George family were killed when their SUV rolled multiple times. The Gwinnet County, Georgia family was traveling to Miami for a weekend at the beach when they lost control of their Chevrolet Tahoe. The vehicle rolled several times, ejecting six of the eight passengers. According to the Orlando Sentinel, Florida state troopers reported that only one of the eight occupants was wearing a
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According to the Centers for Disease Control & Prevention, more children are visiting the emergency room with traumatic brain injuries, including concussions. According to a CDC report, the number of children, aged 18 and younger, reporting serious head trauma has increased 62% over the last decade. Most cases of traumatic brain injuries occurred in young men, particularly those that played football or other high-impact sports. In 2001, the number of traumatic brain injuries reported stood at approximately 153,000, while this number was listed at nearly 249,000 in 2009, according to Read More

National School Bus Safety Week provides an opportunity to educate the public about school bus safety laws, which is particularly pressing in the state of Florida. According to the Florida Times-Union, Florida motorists dangerously ignore school bus safety laws, putting students in considerable danger. Florida Read More

After fleeing from a traffic stop and t-boning another police car, a Tampa man is facing a laundry list of charges, according to police. In September, 25-year-old Desmond Smith was reportedly signaled to pull over for a traffic stop but instead performed a U-turn and sped away in the other direction. He then ran a stop sign and smashed into the side of a police car driven by Sgt. Robert Nassief, who was headed to the scene at the time of the accident, according to Read More

Due to rising premiums and the prevalence of insurance fraud, insurers are being more proactive in seeking out information to determine the legitimacy of the claim. According to the South Florida Sun Sentinel, insurers have started to prod the social media accounts of claimants, searching for information that could discredit or validate a filed auto accident claim. Customers can defraud insurance companies by making false claims about accidents or inflating the value of stol
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A St. Augustine gas station explosion is now the subject of a personal injury premises liability lawsuit, according to Jacksonville.com. David Cowles, a 61-year-old truck driver, delivered gas to a Coomes Oil gas station on Florida 16. In spite of being assured that there was sufficient room in the above-ground tanks to receive the fuel he was delivering, the tanks overflowed and caught fire, say reports. Mr. Cowles was severely burned on
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Legoland Florida, a new theme park in Polk County set to open next month, has sidestepped government oversight concerning the safety of its rides, due to a 22-year-old statute, according to reports. The law has provided immunity to Disney World and other large amusement parks in the state, allowing them to staff in-house safety inspectors and regulate themselves. The Florida Department of Agriculture and Consumer Services will step in to regulate only if Legoland staffs fewer than 1,000 employees at any time.

Park officials claim the park’s inspections will surpass what the st
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A Florida truck driver that caused a fatal crash in Columbus, Nebraska in August had a long criminal history, according to the Columbus Telegram. John Abbate, 47, has pleaded guilty to a lesser charge of motor vehicle homicide for his role in a three-car crash that killed one man and injured another. Just before 6pm on August 10th, Abbate reportedly slammed into the back of an SUV stopped at a traffic light, pushing the car into a vehicle driven by David El
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A family in Palmetto is preparing to file a Florida wrongful death lawsuit against the owners of a nightclub for negligent security. The deceased, 25-year-old Trayon Goff, was reportedly shot and killed in front of Club Elite in Palmetto on September 10. Another man, Gwenette Matthews, 38, died of gunshot wounds, and 22 others were injured in the shooting, according to Bradenton.com.

The potential claim alleges that the nightclub owners were negligent in failing to provide ad
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A fatal Florida forklift accident was reported on August 31, 2011, according to Naples News. The construction accident occurred at a Naples jobsite, killing 30-year-old Mexican worker Cristian Flores at around 4:45 pm. The roofer by trade was walking between the forklift and a parked delivery truck when he was reportedly run over by a co-worker in what police are calling an accident. Mr. Flores was pronounced dead at the scene of the accident. He is survived by his wi
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A child was left in critical condition in Orange County last week after a driver backed over him and fled the scene, according to the Miami Herald. Reportedly, Isarel Williams, a 15-month-old boy, was run over and dragged underneath the car when Manuel Mendez backed his Lexus out of a driveway in Pine Hills. Mendez, 50, fled the scene of the accident after being pleaded to stay by the child’s family. He was arrested two hours later. The boy was taken to Arnold Palmer Childre
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Though the use of a cell phone to call or text is perfectly legal in the state of Florida, many drivers are finding that this practice does not come without consequences. According to the Sarasota Herald-Tribune, when drivers are involved in accidents law enforcement officers are increasingly searching the phone records of the drivers to see if phone use could have been a factor in the crash. Instead of receiving a traffic ticket for
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According to the National Highway Traffic Safety Administration, drunk driving is one of the leading causes of death and injury on America’s roads.  The NHTSA is taking a positive step toward cracking down on drunk drivers with a new advertising campaign and a nationwide effort from over 10,000 police departments in addition to other law enforcement agencies, reports the Detroit News.  

Officials will be redoubling their effo
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According to Florida Today, delayed traffic fatalities and injuries are on the rise. These delayed fatalities present a host of problems for law enforcement, medical professionals and prosecutors because they often do not manifest themselves until after the initial investigation is completed. Due to Florida law, if injuries are not considered life-threatening, police investigations of crime scenes are less exhaustive, including that the driver at fault cannot
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The National Highway Traffic Safety Administration (NHTSA) has denied a petition to make lap/shoulder belts a requirement in new, large school buses. The NHTSA found that passing a federal law to make these three-point seatbelts mandatory could result in more student deaths. Specifically, the NHTSA found that an additional 10 to 19 student deaths could develop annually if these three-point seatbelts were made mandatory in large school buses. According to Read More

Officials are still investigating the circumstances surrounding a horrific wrong-way crash that left a couple and their unborn baby dead on I-75 early Friday morning. The crash, which happened near W. 138th Street in Hialeah in Miami-Dade county, occurred just before 5 a.m. when a vehicle traveling north in the southbound lanes struck a car containing three adults, including one pregnant woman. It is unknown whether alcohol or drugs were a factor in the crash.

According to the Read More

Florida’s car insurance laws have been a subject of discussion and debate this year. Much of the discussion has centered on the state’s “no-fault” law, which was up for possible reform by lawmakers. However, no such reform occurred, prompting Governor Rick Scott to speak up and propose another major change; he suggests that personal injury protection (PIP) coverage be lifted as a mandatory requirement for Florida motorists, according to the Insurance Journal.

P
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Alabama lawmakers have taken a positive step toward protecting children from brain injuries.  A new law went into effect in July of 2011 forbiding young athletes from rejoining a game after a head injury when a concussion is suspected.  According to the law, athletes and parents must sign a head information sheet, and sports organizations are required to provide coaches with annual training to better help them recognize the warning signs of brain injuries.  

The brain is very vulnerable for up to a few days following a concussion.  According to an article on Read More

After a boating accident that claimed his leg in February, Sal Pucciarelli has broken his silence to WINK News and has described the horrifying experience from his perspective. On February 26, he was swimming in the Gulf off Naples’ Venderbilt Beach when a boat’s propeller severed his leg below the knee. Despite expressing disbelief that this horror could possibly happen to him, Pucciarelli stressed that he has not lost his zeal
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Alcohol has been cited by Georgia State Police as a factor in a crash in Blue Ridge, Georgia that killed a 6-year-old girl and paralyzed her 3-year-old brother. On July 1st, a 16-year-old driver in a pickup truck was speeding and smashed into a van stopped at a traffic light. The passenger of the pickup, a 17-year-old from North Carolina, was arrested and charged with Possession of Alcohol and Open Container. The driver will reportedly face char
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The aftermath of a Florida workplace injury is often a confusing and overwhelming process, with the pursuit of compensation for workplace injuries often leaving injured workers with a multitude of questions about what steps to take in the aftermath. To simplify the process, we have answered some of the most basic questions about workers’ compensation claims. 

First, what is workers’ compensation and what does it entail? Workers’ compensation is an agreement between an employer and an employee where an employee receives medical benefits and fin
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State agents seized over 105,000 leftover pills from Florida pain clinics that are no longer permitted to sell them under a new state law. Effective on July 1, addictive painkillers may no longer be sold by most doctors and all pain clinics. Under the new law, doctors must write prescriptions for narcotics and they must be picked up at a pharmacy. Authorities said that in this sweep alone they collected more than 48,000 pills in South Florida, 52,000 around Orlando, and 5,000 pills elsewhere in the state. Pain clinics and doctors were given the choice to return the drugs to their distributo
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Nursing home patients are unique because they need almost constant attention, physically and mentally. Though this is what our loved ones deserve, it is often not the treatment they receive. Studies have shown that between one and two million Americans over the age of 65 have been victims of abuse or neglect.  But because it is often difficult for a nursing home resident to communicate whether they are being abused, it is necessary to be acquainted with the warning signs of nursing home abuse and neglect. Studies also show that only 1 in 14 incidents are brought to the attention of aut
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According to a report by Washington-based Transportation for America (T4A), Florida is the most dangerous state for pedestrians. Using a devised rating system called the Pedestrian Danger Index (PDI), T4A ranked Florida at 182.8. The next worst state, South Carolina, scored a significantly lower 124.1, and only eleven states scored over 100. Not only is Florida ranked as the overall worst, but Florida also sweeps the top four of the rankings of the most dangerous metro areas. 

The four worst areas for pedestrian safety in the United States were the Orlando-Kissimmee metro area,
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The U.S. Coast Guard and the Florida Fish and Wildlife Conservation Commission are investigating the events of a catastrophic maritime accident that led to the death of a Florida vacationer. David Sieradzki, 31, was vacationing from South Carolina with his family and was parasailing off Longboat Key when the boat malfunctioned and lost speed, causing him to plummet 800 feet into the water. Though he was wearing a life jacket and was reportedly wavi
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In the first major overhaul in 25 years, the FDA has implemented new, graphic labels that tobacco companies will be forced to use for packaging starting in September 2012. The new labels include graphic pictures of corpses, tracheotomy holes, diseased lungs, rotted teeth and other images. The FDA estimates that these labels will cut the number of smokers by 213,000 in 2013, with continued reductions in the following years.

These new warnings will appear on the top 50% of the
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Whether you’re a new driver or a veteran on the road, you should always be prepared in the event of an auto accident. Because millions of motor vehicle accidents occur in the United States every year, drivers should take certain steps to ensure they are protected in the event of a crash. To start, drivers should keep an emergency kit in their car. It is recommended that drivers carry a cell phone, pen and paper, disposable camera, a card with information about any medical allergies or medical conditions that may require special attention in the event of serious injuries. Additionally,
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 One of the most frequently-asked questions to attorneys is how much a particular case is worth. Though every potential client would enjoy a simple numerical value or range, this question is almost impossible to answer easily. There are countless variables relevant to determining the value of a case, and many of these do not become apparent until the case is already moving along. Despite these limitations to providing concrete answers, certain variables are important in assessing the quality of a case.

Did you know that you can research the credentials, accolades, history, and user reviews of doctors for free online? You should, because when in the process selecting a doctor or physician, the ability to research potential candidates is an invaluable tool. Many websites have been developed to make the track records of healthcare professionals public knowledge in order to ease the process of choosing a quality physician. To make this process even simpler, we have compiled a list of these sites that allow you to research doctors
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 If you want to file a lawsuit, there is a certain period of time during which a case can be filed; this is called the statute of limitations. Once this time period expires, the courts no longer have the jurisdiction to punish violators. This means that lawsuits can no longer be filed. This time period may be different for each state and for each kind of case, and may be as little as thirty days or as much as twenty years. Because of the statute of limitations, it is very important to seek the advice of an experienced lawyer soon after an accident or injury.

Florida’s Read More

Florida, like most states, has what's known as a "Dram Shop" Act. What these statutes do, essentially, is provide a way to sue an establishment that serves alcoholic beverages when a patron becomes intoxicated and injures or kills him- or herself or someone else.

In Florida, only minors or persons "habitually addicted to alcohol" can bring such a claim. The law is very specific on when a Dram Shop claim can be brought by or on behalf of a minor or habitual drinker. Many people are unaware there may be a claim against a bar, store or restaurant under certain circu
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