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Personal Injury Law

LaBovick Injury Law Blog

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

Post Frequency: 2.2/day

Last Entry: March 27, 2011 at 23:39:08

Join LaBovick & LaBovick helping the uninsured at a Back to School Florida KidCare enrollment fair

Posted on August 02, 2008
LaBovick & LaBovick, PA invites you to attend the Back to School Florida Kidcare enrollment Fair in West Palm Beach on August 3, 2008 from 12 noon - 3pm. The location is 2601 Military Trail (Corner of Crest Haven Blvd & Military Trail) West Palm Beach, at the Shoppes of Cresthaven...

How Florida Attorney contingency fee structures affect Consumers

Posted on July 24, 2008
Recently, we received the following question from a reader of our Whistleblower Law Blog in response to a post on Shedding the Light on Attorney Contingency Fees. “What limit do you suggest on contingency fees - versus none? Unfortunately, except in certain prof liab and other law, we are hearing of contingencies of up to 65% and 70% in certain jurisdictions...

Deny, Delay, Defend - How Insurance Companies handle claims

Posted on July 09, 2008
Have you paid your Insurance premium lately? If so, your premiums are helping the Insurance Industry account for over $1 trillion in annual premiums and amass over $3.8 trillion in assets, which happens to be more than the GDPs of all but two countries in the world, the United States and Japan...

Happy Fourth of July - How to Avoid Injuries with Fireworks

Posted on July 04, 2008
Happy Fourth of July!On Independence Day we reflect and remember the people who paved the way for Americans to have the right to life, liberty and the pursuit of happiness. Let's not forget about the sacrifices that were made for our gift of freedom...

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Employees and Firearms in the workplace

Posted on July 03, 2008
As of July 1, the new Florida law on the Preservation and Protection of the Right to keep and Bear Arms in Motor Vehicles Act of 2008 is in effect. This new law gives employees with concealed handgun licenses the right to bring firearms to work, providing they keep them locked in their cars...

Wal-mart must pay $6.5 million to workers for Overtime Wage and Hour Dispute

Posted on July 03, 2008
Wal-mart just lost another case involving overtime wage and-hour class action case and must pay $6.5 million in compensatory damages to the class of about 56,000 Wal-mart employees in Minnesota. It may not seem like a lot, but it is a start, in this long battle involving rest breaks and Minnesota labor laws...

Dangers of driving and talking on cell phones without a hands free device

Posted on July 01, 2008
Are laws that require drivers to use a Hands Free device for talking on a cell phone making a difference? The state of California and 4 other states thinks so. Effective today, July 1, 2008 if you are driving in the state of California, and want to talk on a wireless phone, you must use a handheld wireless telephone, (according to Vehicle Code (VC) §23123)...

Florida Legislature Increases Court Fees

Posted on June 19, 2008
Florida's budget crisis is now coming to the Courts. In light of recent budget shortfalls, the Florida Legislature has increased court fees, which is expected to generate approximately $121 million additional revenue for the state. Governor Charlie Crist, recently signed CS/SB 1790, a bill that increases over 140 court-related fees, effective July 1, 2008...

Admired Palm Beach Judge Winikoff dies of Heart Attack

Posted on June 19, 2008
Judge Jeffrey Winikoff, a well respected and admired member of the legal community, died of a heart attack on Tuesday. While at a Photo exhibition at the West Palm Beach Palm Beach Armory last week, we were given the news that Judge Winikoff had a heart attack...

Yamaha Rhino ATV: Are they Safe?

Posted on June 10, 2008
Basic Information on the Rhino ATVAfter all of the accidents and injuries caused by use of the Yamaha Rhino ATV, one can't help but wonder if the product is safe. Studies have shown that poor design of the All Terrain Vehicle cause most rollovers...

Heparin Sodium: History and Background

Posted on June 10, 2008
Heparin Sodium, a drug used to prevent blood clots in patients, was first approved for the market by the FDA in 1972. Its primary manufacturer is Baxter International, and its production is handled by the Wisconsin-based group Scientific Protein Laboratories LLC (SPL)...

Preemption and the Committee on Government Oversight and Reform

Posted on May 20, 2008
Preemption is a huge issue for the average American and I wonder if the public is paying attention. Last week as reported in the LaBovick Injury Law Blog, Congress had a hearing to discuss the issue of preemption. On all accounts, it appears to have been a success...

Allstate Insurance Sales Halted in Florida

Posted on May 20, 2008
There is only one word that I think of that can describe how I feel about Allstate Insurance Company: Outrage. In light of recent events, Allstate Insurance Company is not putting the best interest of their clients first or their 1,100 Agents in Florida...

Click it or ticket 2008 Florida campaign starts (May 19 - June 1)

Posted on May 19, 2008
The eighth annual Click it or ticket Florida Campaign Kicks off for 2008 today. The campaign runs from May 19 - June 1, 2008. The Click it or ticket is a part of a national campaign that encourages drivers to buckle up. This is a serious issue the LaBovick & LaBovick Law Firm is deeply committed to supporting...

Carnival Ride Safety in the spotlight after 24 Injured

Posted on May 17, 2008
Are Carnival rides safe? This is the question that is being asked by many people in charge of investigating the most recent Carnival ride accident that occurred in California on May 16th. Unfortunately it involves the Yo-Yo carnival ride, that collapsed shortly after 6 p...

Medtronic recalls Heparin CardiopulmonaryProducts

Posted on May 16, 2008
Medtronic, Inc. voluntarily recalled several Heparin products, According to the U.S. Food and Drug Administration (FDA). One can only wonder what took them so long to get this conviction. On April 8, 2008, the U.S. Food and Drug Administration's recommended that heparin supplies be checked with newly-developed tests, and that affected products be evaluated for possible field corrective action...

Federal preemption seeks to block consumer lawsuits

Posted on May 16, 2008
Consumers beware... Your right to hold a company liable for injuries caused by products may be at risk if the Bush Administration is successful in using federal regulation to address this issue. Limits on lawsuits have been ordered or proposed for drug labeling and packaging — one major issue that received widespread media attention was a case involving actor Dennis Quaid's newborn twins, other issues being discussed include mattress flammability standards, school bus seating requirements, dietary sweeteners and roof-crush requirements in car rollovers...

Take your child to work day - Palm Beach law firm shares a life lesson with a 10-year old

Posted on April 24, 2008
Today was "Take your Child to Work Day" around the country. As a boutique Florida Law Firm, I wondered how many children of our staff would come in today. I was pleasantly surprised when I saw Mark A. Greenberg, an Attorney in our Jupiter Office, bring his son Jared to work today...

Earth Day - April 22, 2008 - we can all do something

Posted on April 22, 2008
Today, April 22, 2008 is Earth Day. It is amazing that Earth Day has been around since 1970 and I only seem to remember hearing about it a few years ago. Last week I purchased several reusable shopping bags at Publix, a major chain in the Southeast...

Brain Injury claim yields $5.3 million Verdict in Bad Faith Personal Injury Suit

Posted on April 18, 2008
A personal injury claim for a 2003 accident that left an ecologist with permanent brain injuries after a head on car accident, just resulted in a $5.3 million in a bad faith verdict against Fireman's Fund Insurance Company. It is hard to believe that after being presented the facts of the brain injured 32-year old accident victim, the medical bills, video of the client having a seizure, a large insurance carrier with such resources stalled in paying the Plaintiff's Under insured Motorist policy of $1...

Valuable Information for Personal Injury Victims

Posted on April 17, 2008
Yesterday we learned a hard lesson. We learned that juries are apt to disbelieve a Plaintiff. If there is any disjunction or conflict in the medical records the Plaintiff will not be given any benefit of the doubt. You must be a perfect Plaintiff because any thing the defense finds can and will be used to call you a liar and discredit your case...

Zyprexa Lawsuit to be scaled back per Judge

Posted on April 16, 2008
In a widely discussed article on Bloomberg.com, Judge Jack Weinstein, an outspoken U.S. District Judge from New York, has stated that he does not want to allow patients and insurers who paid for Zyprexa for uses approved by the U...

Unsettling decision for St. Jude Heart Valve Class Action

Posted on April 15, 2008
The courts recently reached an unsettling decision for Plaintiffs involved in the St. Jude Heart Valve Class action when the 8th U.S. Circuit Court of Appeals overturned a national class action certification in a defective products case. The decision called for each plaintiff to show a link between any reliance on St...

Rear crash test for midsize cars receive poor ratings from Institute for Highway Safety

Posted on April 14, 2008
A recent study from the Insurance Institute of Highway Safety tested several mid-sized cars and rated most with marginal or poor ratings for rear-end collisions. This is important to mention because rear-end collisions and and neck injuries are the most common injuries reported in automobile injury accidents...

Allstate makes controversial "McKinsey" documents public on website

Posted on April 14, 2008
The Allstate Corporation, one of the the nation's largest publicly held insurance companies, recently released approximately 150,000 pages of documents pertaining its review claim practices from the 1990s. Although, some media have regarded the documents as coming up short, according to a recent Times Picayune article...

Tougher Safety and Liability Laws Urged by Parents of ATV Personal Injury victims

Posted on March 10, 2008
ATV (All terrain Vehicles) are coming under fire for tougher safety and product liability laws from parents of a personal injury victim that died in ATV related crash.Ashley Phelps' life was cut short last year when the all-terrain vehicle she was a passenger on struck some mailboxes and rolled over...

Tougher Safety and Liability Laws Urged by Parents of ATV Personal Injury victims

Personal Injury cases are put to the test by the Fake Bad Scale

Posted on March 07, 2008
Plaintiff's and Personal Injury lawsuits are coming under attack by the very controversial "Fake Bad Scale" Test. The test is supposed to tell if someone is faking an illness, psychological symptoms and other injuries in personal injury claims and is mostly used by the defense to help battle plaintiff's personal injury claims...

Highway Saftey Data and Daylight Savings - Turn your clocks ahead this weekend

Posted on March 06, 2008
It's that time of year again. Daylight Saving Time begins this Sunday at 2 a.m. and ends on November 2. In case you forgot, Daylight Savings is always the second Sunday of March. In the Fall, we Spring back each year at 2 a...

Riegel v. Medtronic - the anti tort SC opinion and the federal pre-emption clause

Posted on March 05, 2008
In what is the most anti-tort opinion from the Supreme Court ever to hit the shelves of the Library of Congress Justice Scalia delivered a terrible and scathing opinion creating bonafide Federal preemption to regular tort claims. Here is the low down on Riegel vs...

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