Central Florida Personal Injury Lawyer

"Rambo" Litigators Are Losers -- And So Are Their Clients

K.C. Bouchillon — Tue, 24 Jun 2008 21:25:31 GMT

My partner, Bob Grode, and I just lectured at a seminar about how to deal with "Rambo" litigators. The seminar was geared to attorneys for the purpose of counteracting the unethical and uncivil tactics used by such litigators, but there are important lessons for those looking for a lawyer, as well.

There is a common MISperception in the public that the "Rambo" or "pit bull" litigator is a good thing, and that those types of litigators are more successful than others. That's a myth. The reality is that such litigators 1) act like that because the are more interested in soaking their client for fees than in actually getting a good result, 2) engage in such tactics to leverage a settlement because they are terrified of actually having to go to trial, and 3) are less successful than attorneys that follow the rules and know the law.

In the unlikely event that you can get such a lawyer to actually go to trial, you will probably find that he or she is nervous, arrogant, and offensive to a jury. Most successful lawyers don't have to stoop to such bush-league tactics to get a fair result for their clients. At Lilly, O'Toole & Brown, we don't need to engage in "Rambo" litigation to get good results for our clients Just take a look at our case results to see for yourself. Also, consider that four of our attorneys are board-certified civil trial lawyers, which means we actually go to trial for our clients, if necessary.

Don't let media misperceptions cloud your judgment when choosing a lawyer. Juries are made up of people just like you, and they want to hear the truth, not a lot of rhetoric, spin and misdirection.

At Lilly, O'Toole & Brown, we respect our clients and the legal process, and we are not afraid to go to bat for our clients at trial. That -- and not being a blustering "Rambo" -- is the key to success and good results.

Originally posted at InjuryBoard by K.C. Bouchillon

CSX Railroading Waiver of Its Own Liability Through Florida Legislature

K.C. Bouchillon — Wed, 30 Apr 2008 15:16:33 GMT

Last night, the Florida House approved the deal between FDOT and CSX regarding commuter and freight rail - and including a waiver of liability for CSX for accidental injuries and deaths that occur along the 61 mile corridor in this area, even those due to the negligence of CSX. The Florida Senate is scheduled to vote on this debacle today since it has been placed on the Senate Special Order Calendar - short for "Hurry-Up-and-Cram-It-Thru-the-Process-Before-the-Screams-of-Protest-Get-Too-Loud."
The basic deal is bad enough - this first segment of commuter rail in the greater Orlando area will be done in such a way which will adversely impact the future ability for the remainder of central Florida to have rail because of increasing freight traffic on the remainder of the CSX line between Orlando and Tampa. Beyond that, the liability waiver for CSX is absolutely NUTS. If you or a loved one are seriously injured or killed because of a CSX screw-up, there will be very limited recourse - and all us as taxpayers will be responsible for that.
Want to know how bad that is? So bad that even the Lakeland Chamber of Commerce is opposed to it, stating in an official release today "It is crucial that this waiver of liability for CSX not be allowed." Keep in mind that local and state chambers of commerce generally support all manner of limited liability (and often even absolute immunity) for businesses, medical treatment,etc. because such arguably reduce their members' insurance premiums - not true, but it sounds good. Well, this deal is so bad even the Chamber sees it for what it is - state subsidy and unwarranted protection of private business interests.
Call your State Senator - quick! If that doesnt work, keep your families as far away from trains as possible and make sure you vote next time these brilliant folks come up for re-election.

Originally posted at InjuryBoard by K.C. Bouchillon

Total Body Formula Recalled

Jenny Albano — Fri, 28 Mar 2008 21:31:49 GMT

The FDA is telling consumers not to use Total Body Formula in Tropical Orange and Peach Nectar, or Total Body Mega Formula in the Orange/Tangerine flavor because the dietary supplement can cause adverse reactions such as hair loss, muscle cramps, diarrhea, joint pain and fatigue. The Total Body Formula products come in eight-ounce and 32-ounce plastic bottles and has been voluntarily recalled by Total Body Essential Nutrition.

The Florida Department of Health have received 23 reports of consumers who experienced adverse reactions 7 to 10 days after consuming this product. All the cases included hair loss, muscle cramps, diarrhea, and joint pain and fatigue. There have also been reports of consumers in Tennessee experiencing the same symptoms, they are currently being investigated by the Florida Department of Health and the FDA.

FDA laboratories are analyzing samples of the products to identify the cause of the reactions, including the possibility that the products contain excessive amounts of selenium, which is known to cause symptoms such as those described in the adverse events reported to the agency. Selenium, a trace mineral, is needed only in small amounts for good health.

If consumers still own these products, the FDA recommends that the Total Body Formula be discarded immediately and not consumed.

Originally posted at InjuryBoard by Jenny Albano

MAN IN WHEELCHAIR KILLED BY HIT-AND-RUN DRIVER

K.C. Bouchillon — Tue, 04 Mar 2008 11:35:30 GMT

For the second time this year, a hit-and-run driver has claimed the life of a wheelchair-bound man crossing a street. Macelin Azor, 64, was crossing the intersection of West Main Street and North Rome Avenue in Tampa when a pickup truck ran a red light and killed Azor.

The vehicle was an older model, dark brown Ford pickup truck with a tan stripe down its side. Police are still searching for the vehicle and its driver.

Earlier this year, James Robert Tanner, 66, also confined to a wheelchair, was killed at the intersection of Memorial Boulevard and Stella Avenue in Lakeland when a hit-and-run dump truck driver struck Tanner as he crossed the intersection. The driver of the dump truck, Thomas Eugene Simpson, later turned himself in.

Originally posted at InjuryBoard by K.C. Bouchillon

INSURANCE REGULATORS FILE ADMINISTRATIVE COMPLAINT AGAINST ALLSTATE

K.C. Bouchillon — Wed, 20 Feb 2008 08:20:23 GMT

The Florida Office of Insurance Regulation has filed an administrative complaint seeking to suspend Allstate's authority to write policies in Florida. This is the latest salvo in the battle between regulators and Allstate over Allstate's refusal to turn over documents or give straight answers to its request to increase rates as much as 41%.

The regulators previously suspended Allstate's authority after Allstate refused to cooperate in hearings to get to the bottom of why Allstate wants a huge rate increase when other insurers are decreasing or maintaining their rates. An appeals court lifted that ban until it could obtain further information, and that appeal is still pending.

The administrative complaint is a separate legal proceeding, in which the regulators are asking an administrative law judge to enter a separate finding and order suspending Allstate's authority.

In the meantime, Allstate has refused to budge.

Originally posted at InjuryBoard by K.C. Bouchillon

HURRICANE VICTIMS OFTEN SUFFER AT HANDS OF UNETHICAL ADJUSTERS

K.C. Bouchillon — Mon, 11 Feb 2008 09:34:46 GMT

The hurricanes of 2004 devastated tens of thousands of homeowners and their families in central Florida. But for many, the shoddy treatment and lack of professionalism shown by insurance adjusters was worse than the storms themselves. Unfortunately, far too many insurance adjusters forget that Florida law imposes ethical obligations on them when dealing with policy holders with insurance claims.

Our firm has handled hundreds of insurance claims on behalf of homeowners, and we have held insurers and their adjusters accountable for their actions.

So, what are these ethical obligations?

First and foremost, Florida law requires insurance adjusters to put the "fair and honest treatment of the claimant" above the adjuster's (and the insurance company's) own interest, in every instance. In other words, when an adjuster deals with an insurance claim, he is obligated to do what is best for the claimant. Most adjusters fulfill this obligation and truly try to take care of their claimants. On the other hand, many adjusters believe their highest priority is to save the insurance company's money, which results in claims improperly denied, or in payouts that fall far short of the damages suffered by the claimants.

Also, an adjuster is prohibited from approaching investigations and settlements in a manner that is prejudicial to the claimant. In doing so, the adjuster is obligated to make truthful and unbiased reports after a complete investigation. An adjuster must handle claims quickly and diligently, not let them drag out for months or years. (Is your jaw dropping yet?)

Another failing that we have seen in our lawsuits against insurers is that many adjusters fail in their ethical obligation to advise claimants of their rights under their policies. Insurance policies are very complex and tricky, and the average homeowner can't make heads or tails of what's in the policy. The adjusters, on the other hand, know the policies inside and out, and often fail to tell claimants about various benefits and coverages that may be available in some policies, but which aren't obvious to the homeowner (e.g., debris removal, mold remediation, code upgrades). As a result, claimants can end up with far less than they are entitled to.

The bottom line: If you have an insurance claim, the adjuster is supposed to be working for you and maximizing the benefits you recover. If your adjuster is adversarial or discourages you from making certain claims, then something is wrong, and you should consult with an attorney.

Originally posted at InjuryBoard by K.C. Bouchillon

U.S. 17-HAVENDALE INTERSECTION MOST DANGEROUS IN POLK COUNTY - AGAIN

K.C. Bouchillon — Thu, 31 Jan 2008 11:38:56 GMT

For the fifth time in six years, the intersection of U.S. 17 and Havendale Blvd. in Winter Haven is the most dangerous one in Polk County, Florida, according to 2006 figures recently released.

There were 58 collisions at the intersection that year, an increase of eight from the year before. As anyone who has driven through the intersection can attest, it is large, heavily congested, and has an array of confusing traffic signals. Add to that the occasional impatient/angry driver, and it's a wonder more accidents don't occur there.

Whether the collision occurs there, or anywhere else, there are some important tips to remember if you are involved in a collision.

1) Make sure you and your passengers are uninjured. If you are injured, don't move, and don't attempt to move others who are injured unless staying in the vehicle presents a dangerous situation. Immediately seek medical care for you and your passengers.

2) Call 911.

3) If you are uninjured, assist others involved in the accident, if doing so does not expose you to unreasonable risk.

4) Do not move your vehicle unless directed to do so by law enforcement or it presents an unreasonable risk to you or others. The location of your vehicle and the other vehicles provides valuable information for the investigating officer.

5) Do not discuss what happened in the accident with anyone except the investigating officer.

6) If you have a camera - even if it's the one on your cell phone - take photographs of the scene and vehicles involved. Again, though, use common sense. Don't put yourself or anyone else in harm's way.

7) Often, there are witnesses to accidents who are willing to help and tell their story early on, but later get cold feet. Try to get the names, addresses and phone numbers of witnesses, and provide them to the investigating officer. Encourage them to tell their story while they are at the scene.

8) Afterward, do not give a statement to anyone before contacting an attorney.

To contact Mr. Bouchillon, email him at kc@loblawyers.com or visit his firm's website at www.loblawyers.com.

Originally posted at InjuryBoard by K.C. Bouchillon

Allstate Withholds Documents, Angers Regulators, Backs Off Rate Hike

K.C. Bouchillon — Fri, 18 Jan 2008 08:15:02 GMT

The State of Florida has suspended Allstate's license after the insurer refused to hand over documents subpoenaed by state insurance regulators. The documents had been requested after Allstate requested rate increases as high as 41%.

The suspension follows a heated hearing earlier this week between Allstate and the regulators. What was supposed to be a two-day hearing before Florida insurance regulators questioning Allstate's baffling request for double-digit premium rate increases ended after just two hours when it became clear that Allstate was withholding documents requested by the regulators.

Angry regulators accused stonewalling and had threatened sanctions, including the suspension of Allstate's licenses to operate four of its Florida companies, in light of Allstate's willful refusal to turn over the requested documents. Regulators grilled Allstate's representatives and lawyers but received mostly evasive, empty answers when trying to ferret out Allstate's relationships with insurance-rating and risk-monitoring companies and insurance trade associations.

Allstate has requested rate hikes as high and 41.9%, but when regulators subpoenaed the documents supporting such an enormous increase, Allstate responded with a 51-page objection, claiming that the requested documents were "irrelevant."

In light of the regulators' reactions, Allstate now says it intends to drop its requested rate increase.

That speaks volumes about what Allstate is trying to hide. It would rather give up tens of millions of dollars (or more) in additional rates, rather than divulge its internal documents.

Allstate's situation highlights what the plaintiffs' bar has warned about for years. Insurance companies are all about profits, and not about customers. After complaining about their supposedly desperate financial situation following the 2004-2006 hurricane seasons, the insurers and their lobbyists convinced a special session of the Florida Legislature to enact new insurance laws designed to give relief to insurers.

In exchange, the insurers were supposed to pass on the savings to consumers through significantly lower homeowners' premiums. Instead, most insurers lowered their rates very little or not at all, and some, including Allstate, have asked for more money. As a result of the insurers' broken promises, Florida Gov. Charlie Crist is exploring a class action lawsuit against insurers to force them to abide by the law.

For more information on this subject, please refer to the section on Car and Motorcycle Accidents.

Originally posted at InjuryBoard by K.C. Bouchillon

FHP, DOT Ignored Warnings of Fog, Smoke That Led to Deadly I-4 Pileup

K.C. Bouchillon — Wed, 16 Jan 2008 07:55:17 GMT

Almost 20 hours before the deadly I-4 pileup that killed five and injured dozens, the Florida Highway Patrol and the Florida Department of Transportation had been warned of dangerous conditions of fog and smoke, yet the state agencies took virtually no action to avert the disaster.

The day before the accident, the National Weather Service issued a fog alert that placed the risk at 10 on a scale of 1 to 10 for the area where the accident occurred. Just hours later, the Division of Forestry warned FHP that an out-of-control wildfire would create dangerous conditions for motorists. Despite these combined warnings, nothing was done, other than DOT placing one small warning sign in either direction.

Warnings of these types, particularly the smoke warning, are not often given, and combined, they should have raised red flags to the state agencies that could have taken action to avoid this tragedy. Since the accident has occurred, the interstate has been closed on two pre-dawn mornings. Unfortunately, it's too little too late.

For more information on this subject, please refer to the section on Car and Motorcycle Accidents.

Originally posted at InjuryBoard by K.C. Bouchillon

Publix Settles Consumer Lawsuit over Lemon-Lime Soda with Benzene

Courtney Mills — Fri, 11 Jan 2008 15:04:09 GMT

Publix Supermarkets announced this week that the Lakeland-based grocery chain had settled a consumer lawsuit over problems relating to the content of the chemical benzene in the company's private label soda pop. Consumer groups had brought the suit, alleging that ingredients in Publix diet lemon-lime soda compound to form trace amounts of benzene once the beverage has heated during shipping. Benzene is a highly toxic chemical solvent and is generally not considered safe for human consumption.

While the FDA has not issued guidelines on the acceptable benzene content of soda pop, Publix directed their private label supplier to reformulate the store's diet lemon-lime soda after conducting in-house testing of the affected product. The reformulated Publix diet lemon-lime has 'use by' labeling dated July 3, 2008. Although exact terms of the settlement remained undisclosed, Publix indicated that customers would receive a refund or replacement soda for any outstanding product with a 'use-by' date prior to July 3, 2008.

For more information on this subject, please refer to the section on Defective and Dangerous Products.

Originally posted at InjuryBoard by Courtney Mills