The Law Office of Mark A. Risi Blog

Why Should My Insurance Company Pay My Medical Bills in a Car Accident?

Mon, 06 Jun 2011 09:53:00 EST

One of the most asked questions when I am meeting with a new client who has been injured in an Orlando or Florida car accident is "Why should my insurance company pay for my medical bills when the accident was not my fault"? In the early 1970s, Florida decided to enact what is known as the Floria No-Fault law. In its simplest form, Florida's No-Fault law says that no matter who caused a car accident, if a person sustains personal injury in that car accident, the injured person must look to their own insurance company to pay a percentage of their medical bills (80%) and lost wages (60%). The reason this law was passed is fairly basic....

Soldiers Face Uphill Battle Fighting for Brain Injury Care

Mon, 25 Apr 2011 12:00:00 EST

Brain injuries are among the most common injuries soldiers sustain in Iraq and Afghanistan. The military says about 150,000 soldiers have received such injuries, but others say the number is over 400,000. These injuries can occur when shock waves from bombs pass through helmets and the brain, and are further compounded when soldiers are thrown against walls or vehicles by the shock waves, shaking the brain again. Symptoms caused by these injuries can range from headaches to vertigo to difficulties with memory and reasoning.Many soldiers feel that the care they have received after these injuries has been inadequate....

Orlando Area Theme Park Injuries

Fri, 15 Apr 2011 03:03:00 EST

Theme parks are often considered the epitome of family fun. Entire vacations are planned around them, which parks to attend and attractions to ride are mapped out well in advance of the trip. The Central Florida area is known for its many theme parks, with Disney World, SeaWorld, and Universal Studios all conveniently located near one another in Orlando, while Busch Gardens just a short trip away in Tampa.Unfortunately, an injury sustained in an Orlando area theme park can ruin the fun. With thousands of people in a theme park at any given time, even walking can be hazardous. Spilled liquids or food on the ground can be slippery and dangerous....

Driving Tired Can Lead to Increased Risk of Automobile Accidents

Wed, 13 Apr 2011 01:34:00 EST

Driving while tired not only puts you at risk, but also puts others at risk as well. A study by AAA spanning 1999-2008 showed that nearly 17 percent of fatal crashes are a result of sleepy drivers, and one in eight car accidents in which someone went to the hospital was caused by an overly tired driver. The number of accidents caused by tired drivers could be much higher: more than 41 percent of drivers have admitted to falling asleep behind the wheel at some point. Much like drugs and alcohol, being tired while driving can decrease your levels of awareness, impair your judgment, and slow your reaction time....

Facebook Enters the Courtroom

Wed, 23 Feb 2011 03:17:00 EST

There has been a lot of controversy recently over the use of Facebook for investigative purposes, but in some states, the courts have been granting access to specific Facebook pages. The investigation of individual’s Facebook pages is becoming a standard area of inquiry in the overall investigation of a personal injury and other types of cases such as divorce. This is especially true by insurance companies and defense attorneys as they push the limits to find information to help defend personal injury cases....

Finding a Safe Nursing Home

Tue, 01 Feb 2011 12:45:00 EST

We all want our loved ones to be safe no matter where they are, on the way to the grocery store, at home asleep in bed, or miles away on travel. Our elderly loved ones deserve no less and we should feel confident that they will be safe should they need to live in a nursing home. Choosing the right nursing home for your loved ones is a difficult process. A great deal of investigation should be undertaken before placing your loved ones in the hand of perfect strangers. If you don’t dig deep into the workings of the nursing home, you may not get the real picture. Nursing home are businesses. They operate to make money....

Protecting Your Rights from Insurance Companies

Fri, 14 Jan 2011 03:03:00 EST

After a car accident, you will likely be shaken up, nervous, and possibly not thinking clearly. This is especially true if you feel like you are injured. Soon after the accident occurs, you will likely be contacted by an insurance company, either yours or the other car’s or both. You need to be careful very when dealing with insurance companies. They may try to take advantage of you by trying to get you to give information or to sign documentation that is not in your best interest to give or sign....

Hip Fracture Injuries May Increase Death Risk

Wed, 17 Nov 2010 04:02:00 EST

I read an interesting article about fractured hips. Having represented a number of elderly clients over the years who sustained fractured hip injuries in supermarket and fast food restaurant falls, the research did not really surprise me. The premise and conclusion of the article is that, for older patients, the effects of a broken hip may persist for many years after the injury, and may increase the risk of death during that period. The study, first reported in Annals of Internal Medicine, Haentjens P, et al "Meta-analysis: Excess mortality after hip fracture among older women and men" Ann Intern Med 2010; 152: 380-90....

The NFL Is Finally Serious About Head Injuries and So Should You!

Wed, 17 Nov 2010 03:59:00 EST

For the 2010 season, the National Football League will be placing posters in team locker rooms warning players about head and brain injuries due to concussions. The poster will describe the symptoms of concussion and warn of their long term consequences involving head and brain injuries. This is a major step for the NFL. The NFL, as are other sports leagues in the USA and around the world, is finally recognizing the devastating effects head and brain injuries can have on players. Last December the NFL tightened its concussion rules by forbidding players from returning to the field of play after suffering a blow to the head....

A Picture Is Worth A Thousand Words or Always Take Scene Pictures

Sat, 31 Jul 2010 04:26:00 EST

Everyone has heard this old adage that a picture is worth a thousand words. This old saying apparently had its beginning in the December 1921 as part of an advertising campaign. While it is almost a century old, the saying is still applicable today....maybe even more so than ever. We live in the era of the Internet and of TV and smartphones. We are now, and have been for some time, a visual species. We have shorter attention spans. We like to see demonstrations. Don't tell us, show us. The same goes for personal injury cases. A picture of a scene or of the damage to a car or of someone's injuries can convey so much more than a description of those items....

Prescription Drug Dangers

Wed, 23 Jun 2010 07:14:00 EST

I read an interesting article today about dangers with prescription drugs. Not dangerous in that the drug can hurt you in and of itself, but dangerous in that they can be very addictive and lead to overdoses and even death. On June 17, 2010, the CDC released a study (click here to review the study) showing that in 2008, emergency room visits for prescription drug overdoses matched the number of overdoses for illegal drugs, such as cocaine and heroin. The number of prescription drug related overdoses doubled in the four year period from 2004 to 2008. Prescription drugs were implicated in over 1 million (yes, that's MILLION) ER visits in 2008 alone....

The Oil Spill - The Legal Perspective

Mon, 14 Jun 2010 03:45:00 EST

The Oil Spill - The Legal Perspective Unfortunately, when the term "The Oil Spill" is mentioned today, we know all too well what the term refers to. The oil spill in the Gulf of Mexico is likely one of the gravest ecological disasters of our lifetime. Many people will suffer severe damages, including the loss of their livelihoods. While some media sources, including the Orlando Sentinel, paint a picture that attorneys are “swarming to solicit clients to file suit,” in the wake of the BP oil spill, the truth of the matter is that people have already suffered severe injury, damage and loss....

Car Accidents - What To Do If You Are In One

Mon, 14 Jun 2010 03:42:00 EST

Being in a car accident can be a frightening experience. However, it is important for you to take certain steps to make sure your rights are protected. Insurance companies are businesses. They have to answer to shareholders about how much money they make every year. One of the ways they please the shareholders is to keep the payouts low on accident claims. It is for this reason that the insurance companies will do everything in their power to minimize the value of your personal injury claim. Our Orlando car accident attorneys will fight the insurance companies to make sure you receive the compensation you deserve....

The McDonald's Coffee Case - What Really Happened

Wed, 05 May 2010 01:44:00 EST

There is a lot of misinformation floating around concerning the famous McDonald's coffee case. Most trial attorneys have encountered at least one prospective juror who has mentioned this case as an example of a frivolous lawsuit. A case, most believe, where a lady got millions of dollars for spilling coffee on herself while trying mix and drink her coffee while driving. These are not the actual facts of the case. Here is the accurate version of the facts of the case. Stella Liebeck of Albuquerque, New Mexico, was in the passenger seat of her grandson's car when she was severely burned by McDonald's coffee in February 1992....

Should Florida Ban Texting While Driving?

Wed, 05 May 2010 12:28:00 EST

According to the National Highway Traffic Safety Administration, there are over 800,000 automobiles being operated by someone utilizing a hand-held cell phone or PDA at any moment during the day. It’s no wonder why 23 states, Guam and D.C. have passed anti-text messaging laws banning texting while driving. www.ghsa.org. You may ask where Florida stands on this very hot issue? Even though the federal government has been urging states to ban texting while driving, Florida has yet to pass such legislation....

A Sad Lesson in Child Safety

Wed, 05 May 2010 12:05:00 EST

I read a sad case that tragically involved the death of an 11 year old girl who was killed while walking to her bus stop. It seems the young girl had been the brunt of teasing and bullying at her bus stop and on her bus. The girl's mother met with school officials and they agreed to assign her to a different bus and new bus stop. The child was required to to cross a busy street to get to the new stop. Sadly, the girl was killed when she was struck by a car while crossing the street to get to the new stop. The specific facts of the accident are not set forth in the opinion....

New Slip & Fall Law Signed by Governor Crist

Thu, 15 Apr 2010 08:03:00 EST

On April 14, 2010, Florida Governor Charlie Crist signed into law a new requirements for proving injury cases caused by slip & falls. This law adopts older Florida law that was developed by years of judicial decisions. Prior to this law, recent changes made it easier for injured persons to prove their cases. A person injured in an accident has the burden of proving the negligence of the person they alleged caused the injury. This new law provides that if a person slips and falls on a foreign substance in a business establishment, that person must prove that the business establishment had actual or constructive knowledge of the condition and should have taken action to remedy it....