Central Florida Personal Injury Lawyer

Bad Faith Claims Tell the True Story About Insurers

K.C. Bouchillon — Sun, 15 Nov 2009 14:27:27 GMT

Ever wonder if your insurance company is really as good as they claim? Are you really in good hands? Is your insurance company really like a good neighbor?

There's a way you can find out. Click on the link below:

apps.fldfs.com/civilremedy/SearchFiling.aspx

Then go down to the "Violations" subheading and find your insurance company on the dropdown menu for "Authorized Insurer." Hit search and you will see every bad faith claim filed with the State of Florida against your insurer.

Check out other insurers while you're at it. Some are actually pretty good. Others are horrendous. Get past the slick advertising and find out from the insurance company's own clients how they were treated when it really counted.

Originally posted at InjuryBoard by K.C. Bouchillon

Hurricane Ida - does central Florida need to worry?

Bob Grode — Mon, 09 Nov 2009 09:52:10 GMT

Is it still hurricane season? We have been blessed with a very mild hurricane season but Ida is making her way across the Gulf of Mexico headed towards the panhandle. What does this mean for central Florida? Mostly it means taking stock of your insurance policies and making sure you have the right coverages. Nothing can be done about those policies when the storm is bearing down, but we in central Florida appear to be looking at maybe some rain and a little wind. So take the time to review your insurance policies and speak to your agent to make sure all is in order. After the storm takes your roof off is not the time to realize your policy is not providing the coverage you need.

Originally posted at InjuryBoard by Bob Grode

Halloween Safety at the Forefront After Clermont Child Struck by SUV

Angela Pulido — Tue, 03 Nov 2009 10:13:07 GMT

Halloween ended tragically for a Central Florida family when their eight year old son was struck by an SUV and killed while crossing Highway 50 to attend a Halloween party. This is a stark reminder of the need for drivers and pedestrians to be extra careful on Halloween.

According to WESH:

Officials said Mitchell Trompeter was crossing the street with his father's girlfriend to attend First United Methodist Church's annual Halloween event, called Trunk-or-Treat, when they were struck by a white Ford Explorer.

The woman suffered minor injuries.

"He was struck along with another family member," said John Johnson, of the Clermont Police Department. "He was pronounced dead at the scene and the other family member is being treated at Southlake emergency room."

Children are more than twice as likely to be killed by a car while walking on Halloween than any other night of the year, according to Safe Kids USA. More than 540 kids under age 14 are killed in pedestrian accidents each year. In an analysis of deaths from 2002 to 2006, the group found an average of 2.2 children are killed in pedestrian accidents from 4 to 10 p.m. on Halloween, compared with one child every other evening at the same time.

According to SafeKids, Halloween is consistently the most dangerous day of the year for kids to walk. Kids are at greater risk on Halloween simply because they're more likely to be walking after dark, sometimes without their parents around. Additionally, Masks can make it hard for youngsters to see around corners, and dark costumes can make it hard for drivers to spot them.

Drivers should be more cautious on Halloween. They need to slow down, turn lights on and be prepared that there will be more kids out. Most importantly, they need to understand that children are generally unpredictable. Unlike adults, children are more likely to dart out between cars, especially when excited. That makes it more important than ever for drivers to avoid distractions, such as cellphones and texting, and of course, driving under the influence.

In Florida, drivers have a duty to keep a proper lookout for children around streets and highways. In fact, there is a specific standard jury instruction on the subject which states:

Duty of Motorist Toward Children

A motorist must exercise reasonable care to guard against the unpredictable and erratic behavior of children on or near the street or highway if he knows or should know of their presence.

Originally posted at InjuryBoard by Angela Pulido

Central Florida Teen Injured In Freak Accident

Chrissie Cole — Wed, 30 Sep 2009 13:07:00 GMT

A Central Florida teen has been in a drug induced coma for several days following a freak accident over the weekend.

Bree McMahon, 17, a senior at Freedom High School, was at a car wash fundraiser for her club soccer team, when she got pinned between a car and the wall.

A young lady was driving the vehicle and by accident pinned Brea against the wall. “She had crushed injuries to both her lower extremities of her legs; unfortunately there was a great effort to save the leg. Her left leg had to be amputated. Her right leg is compromised at this time,” said Newman.

“Bree is making major progress,” says Brenda Newman, a friend of the family. “She is off the respirator and I am happy to say she is doing well breathing on her own and she looks wonderful.”

She is recovering at Orlando Regional Medical Center from severe injuries she sustained in the accident.

The McMahon family is trying to stay strong. They are taking it day by day and doing everything they can for her, said Newman.

Originally posted at InjuryBoard by Chrissie Cole

Car Crash into Orange County Convenience Store Caused by Brake Failure

Margaret Embry — Wed, 29 Apr 2009 13:37:51 GMT

On April 29, 2009, Diane Marie Hunter, 44, of Orlando, crashed her vehicle into a convenience store on Powers Drive after her brakes failed when she attempted to stop at a traffic light, according to the Orlando Sentinel. Luckily no one was injured, but Ms. Hunter has been charged with failure to maintain the brakes on her vehicle by the Florida Highway Patrol. The front of the convenience store was destroyed.

For anyone who has experienced brake failure in their vehicle, they know what a terrifying experience it can be. It is important to be aware of what to do in case brake failure occurs. According to the National Safety Council, the first thing to do if brake failure is suspected is to stay calm. Turn your directional signal on and move to the shoulder of the road.

Let the car gradually slow down by taking your foot off the gas pedal. Shift the car into a lower gear so the engine can help slow the car. Simply steer as your vehicle slows.

Once off of the road, shift into neutral and gradually apply the hand brake until the vehicle stops. If the hand brake has also failed, direct the car onto a soft shoulder or rub the wheel against a curb which will help the car to slow down. It is important to get the car to a safe place to avoid stopping traffic or being involved in a rear-end collision. Turn on your emergency flashers once the car has come to a complete stop.

Call for help and remember to never drive the vehicle, no matter how slowly, without brakes!

Originally posted at InjuryBoard by Margaret Embry

Two Killed In Orange County Car Accident

Chrissie Cole — Fri, 27 Feb 2009 12:25:00 GMT

Some of the people involved in an early morning car crash that killed two people in south Orange County have been identified by authorities.

Christopher Vega, 25, of Orlando, was one of the people killed in the accident, which occurred on Orange Blossom Trail, near Pepper Mil Blvd., according to an FHP report.

An unidentified male, 26, in the car with Vega, was also killed.

An FHP report said Vega and the other man were riding in a 2006 Toyota driven by Vanessa V. Rodriguez, 21, of Orlando. The Toyota was southbound, in the middle lane, approaching Pepper Mil Boulevard at about 4:35 a.m.

The two vehicles collided and Toyota continued, before coming to rest on its roof inside the northbound outside lane.

The driver suffered minor injuries. And another passenger, 22, of Orlando also suffered serious injuries.

Troopers are investigating the accident.

Originally posted at InjuryBoard by Chrissie Cole

"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