CGWC Orlando Injury Attorney Blog

Orlando, Florida

Florida Workers Compensation Attorneys Win Big For Workers - Thursday, October 23, 2008

After a long legal battle that took workers rights all the way to the Supreme Court of Florida, Florida workers compensation lawyers won a big victory today for Florida's workers. In the case of Emma Murry v. Mariner Health, the Supreme Court of Florida struck down Draconian limitations on the amount of attorneys' fees that could be awarded to workers compensation attorneys who win benefits for their clients. The decision involved the interpretation of a statutory provision (Section 440.34, Fla. Stat.) that had been altered as a part of the drastic changes to the workers compensation laws as a part of 2003 tort reform measures. This Supreme Court ruling gives hope to all Florida citizens who have suffered work-related injuries and have had problems getting the workers compensation insurance company to provide them with medical treatment and lost wages to which they are entitled under state law.

The 2003 law had so restricted the amount an attorney could earn when representing an injured worker that lawyers across Florida were finding more lucrative legal work, leaving injured workers unrepresented and at the mercy of Florida's workers' compensation insurance companies. The lower appeals court had upheld the trial court's ruling that the worker's attorney was only entitled to an attorney's fee of $ 8.11 per hour. The attorney had won benefits of over $ 3,200 for Emma Murray. This new Supreme Court decision struck down those fee limitations and held that attorneys for injured workers are entitled to an award of reasonable attorneys' fees for the work performed, unrestricted by these artificial caps. Workers had long been at a disadvantage in cases since the workers compensation insurance companies could pay their lawyers as much as they wanted to fight workers' claims in workers' compensation courts, leaving the playing field unlevel and odds stacked against injured employees.

While many attorneys had stopped handling workers compensation cases after the 2003 law went into effect, at CGWC, we never abandoned Florida's workers, and Stewart Colling has led teams of workers compensation attorneys in fighting for the rights of injured workers for 25 years. If you or a loved one has been injured on the job, contact CGWC for a free consultation about your legal rights to workers compensation benefits.

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Is Arbitration Fair? - Saturday, October 18, 2008

You have probably heard about arbitration clauses that big businesses usually slip into their contracts with consumers. For example, cell phone agreements, credit card agreements, and a host of other common consumer contracts routinely have arbitration clauses with "boilerplate" language that forces unwitting consumers to literally give up their right to have any disputes decided by a judge or jury. Instead, arbitration clauses require disputes to be submitted to certain trade groups or professional arbitrators who are often less sympathetic to and empathetic with consumers who are, by definition, novices in the trade or business dispute.

More and more, other businesses are sneaking arbitration clauses into their contracts with consumers. Even nursing homes and doctors are now pulling the wool over patients' eyes and burying arbitration clauses into their patient care agreements. Be careful what you sign when receiving medical care anywhere and, of course, when signing any consumer contract. Why should you be suspicious of arbitration clauses? After all, big business will tell you that resolving disputes by arbitration is cheaper for you and faster.

One reason to be suspect is that big businesses rarely agree to arbitration clauses to resolve their own disputes. Three law school professors from Cornell, New York University, and the University of Michigan recently completed a study finding that big businesses put arbitration clauses in 75% of their consumer agreements, but only 25% of their contracts overall. If these companies believe arbitration is a fair and cost saving process, then why don't they insist on arbitration clauses when they contract with one another?

Read before you sign. Don't waive your right to have your case decided by a jury of your peers lightly.

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Florida Nursing Home Abuse Lawyers Say Over 97% of Florida Nursing Homes Are Unsafe - Friday, October 10, 2008

According to an audit of Florida nursing homes by the Office of Inspector General, over 97% of Florida nursing homes had health and safety violations over the last three years. That means that almost 100% of the nursing homes in Florida provided substandard care over the past three years. Florida nursing homes ranked13th worst of all 50 states in health care and safety.

The Office of Inspector General looked at data nationwide from 2005 through 2007 showing that one in five nursing homes were cited for cited for violations causing "actual harm or immediate jeopardy" to nursing home residents in their care. The study also found that "for profit" nursing homes were cited more than non-profit or government owned long term care facilities.

Florida law grants nursing home and assisted living facility residents specific rights, including the right to adequate health care and supervision. If a loved one or family member has been injured or killed in a nursing home or assisted living facility, call CGWC for a free consultation.

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Florida Automobile Accident Lawyers Say Speed Kills - Sunday, October 05, 2008

Speed is perhaps the biggest single contributing factor in causing automobile accidents, inflicting hundreds of thousands of casualties and deaths annually. The relationship between speed and accidents is simple. As the speed of a vehicle goes up, the likelihood of an accident also rises. Increased speed is not accompanied by an increase in the driver's reaction time. As speed goes up, the severity of accidents also increases. Driving too fast for conditions is the major factor in about one half of all accidents. Reducing speed directly reduces the chances of a serious accident, as well. For every one mph reduction in speed, the chance of an automobile accident decreases by 5%, and the chances of a death from such an accident decreases by 7%. Studies at specific locations have shown even more drastic reductions in fatalities and accident rates.

The Florida Legislature took aim at speeders by enacting a new law that took effect this month. Under the new law, drivers speeding 50 mph over the speed limit face a $ 1,000 fine, and the second time they're caught, they pay $ 2,500 and lose their license for one year. Get caught a third time, and the speeder pays $ 5,000 and loses their license for 10 years.

If you or a loved one has been involved in a motor vehicle accident, call CGWC for a free consultation.

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