force increase insurance malpractice rate

Central Florida Personal Injury Lawyer
Our lawyers represent car accident victims, people injured by defective drugs, those who have been denied insurance claims, victims of medical malpractice and nursing home abuse and any other injuries.

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

  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
  

  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
  

  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
  

  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
  

  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