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Posts made in January, 2013

Did This Adjuster Really Have Florida Crash Victim’s Best Interests In Mind?

Posted by on Jan 16, 2013 in Motor vehicle accidents

My law partner and I were at lunch today with an Administrator from a well-established Central Florida medical organization who told us a story involving an automobile insurance adjuster that almost knocked us out of our chairs.  After handling Florida automobile accident cases for almost 20 years, perhaps I should not  have been surprised… Apparently a father was involved in an Orlando car accident, along with his two sons.  The father and one of the sons seemed to have fairly straightforward, soft-tissue injuries – meaning no fractures or other major injuries.  However, one son was suffering with headaches that would not seem to go away.  The father brought himself and his boys to our lunch companion’s medical facility, and one of the medical doctors on staff recommended that the son suffering with headaches receive a CT scan at a local hospital. The father left the medical facility and returned home to schedule the CT scan.  As luck would have it, he also spoke to an adjuster with the Personal Injury Protection (PIP) department of his automobile insurance carrier.  Florida PIP coverage is designed to cover medical expenses arising out of Florida car crashes. The father mentioned that doctor has prescribed a CT scan, and the adjuster’s response was, to us – unbelievable.  According to our friend, the adjuster asked the father if he really thought his son needed a CT scan.  The adjuster noted that a CT scan is an expensive procedure, and that having the procedure would more quickly deplete the child’s $10,000.00 statutory PIP benefit.  Finally, the adjuster told the father that having such a sizable expense as a CT scan on his family’s insurance record might lead to a higher insurance premium at renewal time, or perhaps being dropped by the company altogether. Interestingly, the adjuster never mentioned whether he possessed a medical degree, or was qualified to decide whether a CT scan would help rule out or verify a head injury. Unfortunately, the adjuster’s scare tactics seemed to work.  The father and his sons were never seen again at our friend’s facility, and I would bet that the child never had the recommended CT scan.  As a father of four children, I sincerely hope this child is okay. The point of this story is really two-fold.  First, I think it is despicable that an insurance adjuster would contradict a licensed medical practitioner, create this kind of financial anxiety in a father’s mind, and ultimately place a child at a significant health risk.  Second, and most importantly, I think it is important for all Florida accident victims to be vigilant and to consider whether insurance adjusters really have their best interests in mind.  Many times – but not every time – it can benefit folks to contact an experienced Florida personal injury lawyer, if for no other reason than to ask...

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Paralyzed Victims of Florida Accidents May Benefit From New Medical Research

Posted by on Jan 14, 2013 in Motor vehicle accidents

New medical research focusing on repairing damaged nerve structures shows promise for people who have suffered significant spinal injuries, according to a new article on the WFTV.com website. The federal Food and Drug Administration just approved a trial study that will seek to treat people between the ages of 18 and 50 years old who are in the acute phase of a significant spinal injury.  The study focuses on the injection of what are called Schwann cells. Schwann cells are not to be confused with fetal stem cells.  Schwann cells are adult cells that specialize in sending electrical signals throughout the body’s nervous system.  Schwann cells can easily be harvested from adults through a simple biopsy.  Based upon years of research, scientists know that Schwann cells have multiple capabilities, but are most interested in the way that Schwann cells can surround axons that have lost insulation after an injury.  These damaged axons keep the nerves from communicating with each other.  It is hoped that Schwann cells can be used to redirect and/or repair nerve pathways around and/or through injured areas of the spine. The study protocol calls from seriously injured people to be injected with Schwann cells at the site of their injury between 26 and 45 days after an injury.  The injured people will then be followed for a year to see if there has been any improvement to function. Should this protocol prove successful, this would obviously be outstanding news for Florida accident victims, or anyone whose spine has been injured in a traumatic fashion.  Based upon our experience representing accident victims across Florida who have become paralyzed after a severe spinal injury, we know that any return to function or normalcy – even if it does not represent a return to full health – can make a huge difference in a person’s life, and that of their family.  We are definitely going to keep our fingers crossed for the doctors and patients who will be involved in this study. If you have any questions after receiving a spinal injury in a Florida accident, call Winter Park personal injury attorneys Kim Cullen and Robert Hemphill at 407-254-4901.  If your injuries were as a result of a car accident, get a FREE copy of Kim’s Book, “Asleep At The Wheel – 13 Mistakes The Insurance Company Desperately Hope You’ll Make After Your Florida Car Accident” at...

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Adequacy Of Security Again Questioned, After Teen Shot In Head At West Orlando Apartments

Posted by on Jan 9, 2013 in Negligent Security

A 16-year old boy was shot in the head in a Mercy Drive apartment complex on New Year’s Eve in Orlando, according to an Orlando Sentinel report. Although the boy’s name has not been released, it appears that the boy will survive the shooting.  According to the report, the boy was shot just outside the front door of his unit at the Bordeaux Apartment complex.  Apparently, several shots were fired and at least one shot hit the boy in the head. Unfortunately, this kind of event is not isolated in West Orlando.  It seems like the media reports a shooting in that area practically every weekend.  Unfortunately, the corporations who own businesses, and especially apartment complexes, don’t seem to know (or care) about how this violence affects the people living in the area. If the apartment complexes did their homework, one would think that they would provide adequate security measures to keep these things from happening, or at least to discourage shootings from happening. All businesses, including apartment complexes, have a duty to know the characteristics for violent crime on their premises and in the surrounding areas.  In response to this information, businesses have a duty to take measures to keep residents and guests reasonably safe given the level risk of violence.  If a business does not use reasonable care, a claim for negligent security can be pursued. We certainly hope that the young man injured over the New Year’s holiday makes a speedy and full recovery from his injuries.  In the meantime, if you have any questions about a potential Florida negligent security case, call Winter Park personal injury attorneys Kim Cullen and Robert Hemphill at 407-254-4901.  There is never a fee to have your questions...

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