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Personal Injury Law

LaBovick Injury Law Blog

Covers personal injury law
By Brian F. LaBovick, Esq.

Post Frequency: 2.4/day

Last Entry: May 21, 2013 at 14:28:46

The Conspiracy Theory of the Letter of Protection (LOP)

Posted on May 21, 2013
One of the worst things to happen to injury law is the ability of the defense attorney to create a conspiracy between the doctor, lawyer and injured victim. There is no doubt that America now literally hates the injured victim. If you are in a car accident, literally sitting still, and you are hit from behind, you better be lily white and pure if you expect to collect reasonable money from a jury...

What is the Jones Act, and how could it affect you as a maritime worker?

Posted on May 20, 2013
One of the most powerful protections maritime workers have is the Jones Act. This is a federal act that protects crew of boats and ships, and is designed to make work environments safe on the sea. Just like others who work in high risk careers, maritime workers are entitled to compensation for injuries resulting from an employer's negligence or failure to provide a safe working environment...

Sailing Rescue: Every Boater MUST Be Prepared Before Going to Sea

Posted on May 16, 2013
Earlier this year, two old friends set out from Port St. Lucie, FL to the Virgin Islands on a sail boat. The two gentlemen are 86 and 71 years old. They had invited another friend who turned them down and warned them that the currents and winds would make the trip too difficult if not dangerous...

Is a Sterile-Smell Misleading? How One Dentist's Office Committed Terrible Medical Malpractice.

Posted on May 15, 2013
I always hated going to the dentist. Not only does the sound of the drill make the hair on my neck stand on edge, but the smell is terribly distinct. There is just something sickly sterile about the dentist office. But, in their defense, the smell was good marketing...

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Why is it important to give a full accident report to the police?

Posted on May 14, 2013
A majority of those living in the state of Florida, at one time or another, has been involved in an auto accident. Whether it be in a parking lot fender bender or a highway collision, more often than not the police arrive. The investigating officer will go to each driver and ask them what happened...

What Are Your Rights If You Are at Fault for an Accident?

Posted on May 13, 2013
As a personal injury attorney, I deal with countless victims who suffer due to the negligence of others. Oftentimes, the person who caused the injury will attempt to place some of the blame on the injured person. Sadly, sometimes they are correct, and the injured party was partially at fault...

Florida's New "NoTexting while driving law" now in effect

Posted on May 10, 2013
Studies have shown that texting and driving can be as dangerous as drunk driving. The Florida legislature just passed a ban on driving and texting. In doing so, our state has joined 40 others that have bans on texting while driving. BUT, the bill did not go through in its original form and was somewhat diluted by the time it passed...

Carnival Cruise Lines Hosts Another Cruise Accident

Posted on May 09, 2013
Once again Carnival Cruise Lines finds itself in the news. This time two passengers were lost at sea off the coast of Australia after either falling or jumping off the Carnival Spirit. Evidently, the missing couple went overboard at approximately 9 PM off the coast of Australia...

April, May 2013 Important Car Safety Recalls You Must Know

Posted on May 08, 2013
We want to keep our readers informed and safe. Below, you will find a list recent recalls and alerts announced by the National Highway Transportation Safety Administration's (NHTSA) Office of Defect Investigation (ODI). If you think your vehicle needs to be inspected, bring your car to your local dealership right away: Subaru Forester Recall Began at the End of April 2013 Subaru has issued a recall of Forester vehicles manufactured between January 2013 and March 2013...

Can an Establishment Be Held Responsible For Your Auto Accident?

Posted on May 01, 2013
Auto accidents can happen for many reasons. Most commonly, the cause is driver distractions, including drunken driving. In personal injury cases, suing a negligent driver is fairly straight forward. Yet, when the driver is drunk, other elements come into play...

What Auto Insurance Coverage Do You Have?

Posted on April 26, 2013
You think you have auto insurance coverage? What happens if a guest in your house borrows your car and then causes an accident? Are you covered? Yes it would seem. Not so fast. Many factors have to be considered before answered in the affirmative. If the guest is a relative the answer comes much easier in favor of coverage...

Punitive Damages for Texting and Driving in Palm Beach County

Posted on April 23, 2013
We all hear and see from the media the dangers of texting while driving an automobile. It doesn't take much to imagine that having your focus on a small phone while driving a vehicle is a bad idea. However, did you know that doing so could lead to punitive damages being assessed against you? Punitive damages are not dischargable in bankruptcy and will result in your driving privileges being permanently suspended until they are paid in full...

Do you know all the information on your insurance policy?

Posted on April 22, 2013
This week the Supreme Court of the United States handed down an important decision facing all personal injury litigants and the attorneys who represent them. McCutchen was a US Airways employee who was injured by a third party. McCutchen had a company health insurance policy that paid his medical bills...

Reform on Caps

Posted on April 16, 2013
People injured by government employees are currently restricted in the amount of damages they can recover without a claims bill being pushed through the legislature. The 'cap' now is $200,000.00 per person and $300,000.00 per incident. This has long been viewed as unfair and draconian...

Accidents and the Mild Traumatic Brain Injury

Posted on April 15, 2013
As expected, most people associate brain injuries with catastrophic accidents. However, even minor accidents can cause brain injuries. According to the Centers for Disease Control and Prevention (CDC), automobiles accidents and falls are the leading cause of mild traumatic brain injury (MTBI)...

Florida's Governor Rick Scott wants to try to fix not eliminate PIP

Posted on April 10, 2013
After weeks of speculation regarding the future of PIP in Florida, Governor Rick Scott has announced he will not nix PIP without giving more effort to the system many see as broken. This bodes well for many health care providers who service patients that have been involved in auto accidents...

What will happen to Florida if Personal Injury Protection (PIP) Insurance is eliminated?

Posted on April 10, 2013
Floridians Pick Your Poison: Pay for Personal Injury Protection (PIP) Insurance or suffer a plethora of small lawsuits! The argument in Tallahassee today was whether we need to get rid of PIP Insurance. Unfortunately no one remembers why we have PIP in the first place! The reason was not to pay for medical bills...

U.S. Supreme Court Affirms Decision to Pay Injury Victims

Posted on April 08, 2013
The U.S. Supreme Court finally affirmed the Ahlborn decision. Arkansas Department of Human Services. v. Ahlborn, 547 U.S. 268 (2006) (commonly called Ahlborn) is the case that set a formula for Medicaid agencies to recover from third party liability settlements...

Do you have all the safety requirements for your boat?

Posted on April 02, 2013
A few weeks ago, two old friends set out from Port St. Lucie to the Virgin Islands on a sail boat. The two gentlemen are 86 and 71 years old. They had invited another friend who turned them down and warned them that the currents and winds would make the trip too difficult if not dangerous...

What are the rules for when we see a cyclist on the road?

Posted on April 01, 2013
Have you ever been on a nice afternoon bike ride with the family? Have you ever crossed paths with unruly drivers that are not so courteous to bicyclists? Chances are that the answer is most likely yes to both questions. Unfortunately, there seems to be a negative prejudice with respect to bicyclist on the road...

Best Way to File a Claim with Your Insurance Company

Posted on March 29, 2013
A recent Florida 3rd District Court of Appeal decision illustrates the importance that all those insured must notify their insurance carriers any time a loss occurs. Waiting 5 years for the damages to be realized is definitely a mistake. Even waiting a few months can be a mistake under certain circumstances...

Texting and Driving Could Lead to Criminal and Civil Consequences

Posted on March 25, 2013
Recently, the Orlando-Orange County Expressway Authority has launched a 'designated texter' campaign. Central Florida residents are encouraged to go online and take a pledge to assign a designated person to handle texting instead of the vehicle driver...

New medical expense bill in the House

Posted on March 22, 2013
There is a new dangerous bill in the House now, Bill 587. The purpose of this bill is to beat down the level of medical expenses an injured party can claim in an injury lawsuit. The bill is being advanced by an attorney who made his money representing insurance companies...

What is the Undertaker's Doctrine?

Posted on March 20, 2013
First and foremost, let me clarify this has absolutely nothing to do with burying someone. The entire focus of the Undertaker's Doctrine is whether someone can be liable civilly for helping someone in danger. Surprise, you can be held liable! According to a Supreme Court of Florida decision, the Undertaker's Doctrine requires that whenever one undertakes to provide a service to others, the individual thereby assumes a duty to act carefully and to not put others at an undue risk of harm...

Drug Company Settles to Avoid Trial

Posted on March 19, 2013
Have you noticed drug companies never get a break? You shouldn't feel bad. They almost always deserve it and seldom pay back what they deserve. Meanwhile, it is hard to get them to say anything meaningful about their litigation matters while they are pending...

New Carnival Worry

Posted on March 15, 2013
On the heels of the "State of the Industry" conference and only after a month from the Triumph disaster, Carnival has suffered another setback. The Carnival Dream lost a generator at port in St. Maarten. Passengers are being flown home. Upcoming Dream cruises have been cancelled leaving future passengers to scramble to find replacement itineraries...

How To Prepare For Changes In The Cruise Line Industry

Posted on March 15, 2013
This week the cruise line industry is meeting in Miami for the 'State of the Industry' conference. Among other things, the industry is discussing an expansion of the geography of the itineraries. Currently, the most popular destination is the Caribbean, both east and west...

Child Automobile Safety

Posted on March 13, 2013
Despite being buckled up, as a father, I worry every time my daughter is in a car. Quite frankly, I have seen way too many serious accidents involving minors not to worry. According to the Centers for Disease Control and Prevention (CDC), automobile accident injuries are the leading cause of death among children in the United States...

Nutritional Supplements Misleading Buyers and Causing Serious Side Effects

Posted on March 12, 2013
Do you believe in magic? I don't. At least not one sided, free lunch, magic. I firmly believe that all things both physical and metaphysical have a cause and sometimes a worse effect. I think that sentiment holds true when discussing nutritional supplements...

Why You Should Always Wear a Helmet, Even on a Scooter!

Posted on March 07, 2013
The price of gas is just plain ridiculous. As a result, many individuals have resorted to seeking alternative methods of transportation. The new vehicle of choice is the scooter. Did you know the average scooter gets 85 miles per gallon? Clearly, this is much better than the average vehicle, and scooter owners are also saving money on insurance...

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