January 2012 Archives

Is It Possible To Sue A Florida Hospital For Unreasonable Charges After A Car Accident?

January 26, 2012

1334367_untitled.jpgGalvestondailynews.com reports that a Texas woman hurt in a car accident by the actions of a driver that was driving the wrong way has filed a lawsuit claiming her treating hospital's bill of $20,211 fee is not reasonable for diagnostic tests and an examination.
In her lawsuit the plaintiff maintains that the hospital increased it's fee over 500 per cent when it learned she was involved in a car accident and to have a lien against her car accident settlement proceeds.

According to her complaint, her treatment chart revealed that her total treatment time at the hospital was 4 hours and 2 minutes. Her complaint states that she was not admitted as an inpatient and that her hospital treatment consisted solely of an examination and diagnostic tests.

Her complaint states that the defendant hospital perfected a lien on her Texas home. She further avers in the complaint that the insurance company for the at fault party in her car accident settled for it's insured's policy limits of $30,000.00.

Her complaint maintains that last September, the hospital's online billing system showed that she owed the hospital $4,850. The collection company hired by the hospital sent her a bill seeking the $4,850. She claims that it was only after hospital discovered that she was involved in an car accident did it raise it's bill to $20,211. The hospital filed a lien against her car accident settlement proceeds.

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Driver Found Guilty Of Florida DUI Manslaughter Files Negligence Suit Against Victim's Family

January 19, 2012

1131778_fire_and_rescue.jpgNow I've heard everything. The Tampa Bay Times is reporting that in a case of unmitigated chutzpah, a convicted DUI defendant has filed a negligence claim against a deceased car accident victim's family requesting compensation for his alleged suffering.

The defendant was found to have been under the influence of narcotics when hit smashed his car into the rear of the victim's car in 2007.

The defendant had prior to the filing of his lawsuit pled guilty to three counts of DUI manslaughter. He received a sentence of 12 years in prison. The children of the victims begged him to apologize but he failed to utter a word. He is speaking now, claiming he was not responsible for that fatal Florida car accident and that he wants to be compensated for his pain and suffering, medical bills, mental anquish, and loss of capacity to enjoy life.

His lawyer has filed suit against the victim, the driver of the car that he slammed into and killed, claiming the car accident was the decedent's fault. He makes the claim that the Florida Highway Patrol investigation was biased against him .

A relative of the victims is speaking out and finds it "ridiculous" that someone that caused an accident and admitted guilt in his criminal case could now claim that that his victim caused the accident.

The police investigation of this matter found that the defendant was driving between 75 and 85 mph when his truck plowed into the back of the decedent's car. The driver of that car died at the scene of the accident. His wife died during surgery that same day. A third victim was removed from life support as week after the accident. The investigation found that the defendant had Cocaine and Xanax in his system at the time of the car accident.

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Gene Hackman Has Potential Negligence Case After Florida Bicycle Accident

January 12, 2012

422002_accident.jpgCinemaBlend.com reports that actor Gene Hackman was bike riding in the Florida Keys when he was hit by a car. Many bicycle riders have experienced scrapes, bumps, bruises at some time when riding a bike. It is reported that Mr. Hackman, who is 81 years old, was not wearing a helmut.

Mr. Hackman was riding his bicycle on Islamorada Street when he was struck by a pick-up truck. The pick up truck approached from behind and knocked him off his bicycle. Mr. Hackman fell into a grassy area which served to minimize his potential injuries. After his bicycle accident, Mr. Hackman was transported by a helicopter to a hospital emergency room to treat his injuries.

Fortunately for Mr. Hackman his accident was more frightening than life threatening. According to USA Today, Mr. Hackman suffered "bumps and bruises" as the result of his South Florida bicycle accident. Jessica Grabert author of the CinemaBlend.com article, expresses the hope that Mr. Hackman will exercise more caution in the future, both in wearing a bicycle helmut and to try never again to put himself in a position to be rear-ended.

Mr. Hackman, has the right to bring a negligence claim against the owner of the truck that struck him. Florida law presumes that the driver of a vehicle that strikes a bicyclist, or other vehicle in the rear is 100 per cent responsible and liable for all of the innocent victim's damages, which include pain and suffering, lost wages and medical bills.

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Abuse Of Energy Drinks Can Lead To An Increase In Deadly Car Accidents And Liability Cases

January 5, 2012

825017_crash_car.jpgThe National Safety Commission has issued a report on dangers of the use of high energy drinks and driving a car. Drinks such as Rockstar, Monster and Red Bull have become very popular among young adults over the past ten years. They have been marketed as drinks to increase an athletes performance but their primary use has been to help college and other young students as a study aid to stay awake.

Because of this several scientific reports have warned about the consumption of these highly caffeinated energy drinks and have recommended that the FDA require warning labels on cans of high energy drinks. Current Food and Drug Administration regulations allow 71 mgs of caffeine in soft drinks per 12 ounce can. However, as energy drinks are labeled as "dietary supplements", the FDA has imposed no limit whatsoever on the amount of caffeine they can contain.

The energy drink No Fear contains 174 mg of caffeine. Rockstar and Monster each contain 160 mg. of caffeine. What this means is that as few as two cans of each of these drinks containing more than 250 mgs of caffeine can result in a caffeine intoxication which, according to the Diagnostic and Statistical Manual of Mental Disorders, can cause restlessness, nervousness, excitement, insomnia, flushing of the face, increased urination, stomach problems, twitching muscles, rambling speech and thought, irritability, irregular or rapid heartbeat, and agitation.

Bigger doses of caffeine can result in depression, mania, impaired judgment, hallucinations and psychosis. The British Journal of Addiction concluded that "caffeinism," although infrequently diagnosed, may afflict as many ten percent of the population.

There's not much detailed correlation between the use of high energy drinks and an increased risk of a car accident. But when reviewing the severe symptoms one may experience after consuming a high caffeine, high energy drink, it is clear that a huge risk of a major car accident exists.

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