January 22, 2009

Florida Drivers Beware, Car Accidents Caused by Uninsured Motorists Expected to Rise

As Florida Lawyers who represent injured victims of car accidents, we are concerned about a recent report from an insurance research group indicating that the country's current financial recession will result in a sharp increase in uninsured motorists, particularly in Florida, by 2010.

According to the Insurance Research Council, there is a correlation between the percentage of drivers who choose to forgo car insurance and each state's unemployment rate. The report indicates, based upon unemployment rate estimates, that the percentage of uninsured motorist will increase by 15% over the next year. This is not good news for Floridians, as we already have the distinction of being one of the top five states with uninsured motorists, at an estimated 23%.

Having witnessed too often, the pain an injured victim endures when they learn the person who caused their damages had no insurance, we cannot stress strongly enough that everyone should make sure they have uninsured motorist coverage. While most insurance agents will tell their insureds that this coverage is not needed, particularly if you already have health insurance and/or disability insurance, it is truly the most valuable coverage you can buy, because it protects you and your family.

January 10, 2009

Palm Beach County Car Accident Results in Mother's Death

As Florida Lawyers who handle serious injury and wrongful death car accidents, we are truly distressed by the tragic story of a mother of eight who died today due to the recklessness of an unlicensed and drunk driver, according to the Palm Beach County Sheriff's Office. Phyllis Henzel was on her way home in Lake Worth when the alleged drunk driver slammed into her car on B street.

To make matters worse for this family, their mother's tragic wrongful death comes just over thirty years after one of her sons was struck and killed by a car, unbelievably, also on B Street.

Too often, due to too many unlicensed drivers, particularly in South Florida, families must endure these types of tragedies. We only hope the increased traffic fines being imposed by the legislature will cause the police to take greater vigilance in helping get these individuals off our roads.

January 7, 2009

Court Rejects Claims of Floridians injured by Medical Products Liability

As Florida Lawyers we are truly disappointed by the current state of the law regarding the erosion of injured victims rights caused by the negligence of medical product manufacturers. A Federal Judge in Minnesota just dismissed cases brought by thousands of injured patients with heart-defibrillator wires which were proven to fracture, shock and sometimes kill patients .

The cases were dismissed because of a recent decision by United States Supreme Court which proclaimed that federal law pre-empts state based product-liability lawsuits, essentially preventing such cases. Therefore, in the absence of some new law passed by Congress, victims injured due to faulty medical products will be unable to file a lawsuit unless they can prove the medical company violated FDA regulations. This will certainly be a difficult, if not impossible, hurdle for injured patients to meet.

Unfortunately, given the efforts of medical manufacturers and drug makers, who have convinced lawmakers that federal regulations take precedent over state laws, the Supreme Court will probably soon also apply this pre-emption to drugmakers.