Posted On: February 27, 2009

Workers Compensation Fraud - Construction Company Fails to Procure Insurance

In May of 2007, a construction worker fell twenty-five feet off of scaffolding at a construction site and suffered a fractured vertebrae. Normally, such injuries result in the worker receiving workers compensation benefits for medical expenses, lost wages and any resulting disability.construction_workers_on_a_roof.jpg

Unfortunately, the man's employer lied about having workers compensation insurance. Tragically, the injured worker has been unable to work since the accident and has incurred approximately $370,000.00 in medical bills. He is described now as being "destitute."

In our Jacksonville lawfirm, we see this far too often, especially in the construction industry. While the employer is ultimately responsible for the worker's damages, commonly the employing company and its owners have no assets upon which the injured employee can collect. For example, in Florida a person's home is exempt from collection regardless of how much it is worth.

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Posted On: February 20, 2009

Jacksonville Men Sue State for Injuries and Abuse

A group of men, including some from Jacksonville, FL who allege they were abused or injured as boys living in a reform school in Marianna, Florida, have sued various agencies of the State of Florida. The abuse and assaults are alleged to have occurred as early as the 1950's, and only recently came to light.

The men allege that they were taken to a structure on the campus known as the "white house" where they were subjected to severe beatings and personal injury. Dozens of men claim that they were sexually assaulted as well. Some claim that they witnessed boys being killed. Dozens of graves have been found at the site.

This suit raises numerous issues, including the statute of limitations. In Florida, the typical statute of limitations for such claims is four years. For the families of any boys killed at the site, the statute of limitations for wrongful death claims is typically two years. Sometimes exceptions are made for injuries or abuse to children. Since decades have passed since the alleged incidents are to have occurred, the plaintiffs' attorneys will earn their keep if they can keep these suits from being dismissed.

The plaintiffs' cases will likely have a large psychological harm component, which unlike broken bones, can be difficult to demonstrate to a jury. Psychological injuries often become intertwined with other possibly unrelated difficulties that people will face throughout their lifetimes. The plaintiffs' attorneys' experience in presenting such intangible but serious injuries will be extremely important to the case as well.

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Posted On: February 16, 2009

Jacksonville Motorists Should Consider Uninsured Motorist Coverage

As our Jacksonville lawyers represent injured car accident victims in Jacksonville and throughout North Florida, including Duval, Nassau and St. Johns Counties, we have too often seen personal injuries caused by uninsured motorists.

It is rare that the uninsured motorist has assets that can be recovered to pay for the harm they cause, leaving the injured person with no ability to obtain compensation from the at-fault driver. While health and disability insurance may be helpful to the injured driver, uninsured motorist insurance coverage can be the crucial factor to allow the victim of a car accident to recover for the full scope of their harm, including the pain and suffering that comes from personal injuries.wreck.jpg


The effects of our current economic problems are far reaching but a recent report from the Insurance Research Council (IRC) suggests a concern you may not have considered. According to the IRC, because there is a correlation between a state’s unemployment rate and the number of drivers who drop their car insurance, the percentage of uninsured motorists may increase by more than 15% over the next year.

It’s a good idea to check with your insurance agent to confirm that you have uninsured motorists coverage. If you don’t, we strongly urge you to consider this important protection.

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Posted On: February 13, 2009

Jacksonville Teens Texting While Driving Causes Accidents

Throughout Jacksonville, automobile collisions occur when drivers are sending text messages and fail to pay sufficient attention to traffic conditions. Often, car accidents with serious injuries are the result. We find that young drivers are the most likely to engage in this dangerous habit. texting.jpg


Anyone with a teenager is most likely familiar with their texting habits. According to a recent poll, 46% of the 1000 teens surveyed admitted to texting while driving. The danger involved in typing out a message while behind the wheel of a car that is moving at sixty miles an hour should be obvious.

Rep. Doug Holder, of Sarasota, Florida has introduced a bill to make it illegal in Florida to text while driving. He introduced the bill in response to the death of several teens in tragic auto accident last year in New York in which it was determined that the driver was texting while driving. It remains to be seen whether the bill will become a traffic law and whether it will be obeyed, but one of the most frustrating things in the practice of personal injury law is to see the tragic harm that results from injuries or ">wrongful deaths which could have easily been avoided through responsibility and a little common sense.

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Posted On: February 5, 2009

Wrongful Death Medical Malpractice Claim Against NAS Jacksonville Settled

The family of a 58 year old Jacksonville, Florida, woman will receive $850,000.00 to settle a wrongful death claim alleging medical malpractice on the part of the Navy Hospital.

The woman went to the hospital because of a severe headache. She was diagnosed with a migraine headache and send home with pain medication. She died from a brain aneurysm days later.

666035_x-ray_head.jpg CT scans of her brain taken during that visit showed a major change compared to prior CT scans. The first of two doctors did not compare the CT scan to her prior CT scan, and, thus, did not notice the change. A second doctor did notice the change but did not act urgently to address the problem.

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