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Florida's Switch From Frye to Daubert: Not A Substantial Change In The Admissibility Determination of Expert Witness Testimony

Sara W. Calabrese Candidate for Juris Doctor, Stetson University College of Law, Gulfport, FL Bernard F. Walsh, Esq. Goldman, Babboni & Walsh, 5291 Office Park Boulevard, Bradenton FL, 34203 PREFACE The Daubert standard is replacing the Frye standard in many states for determining the admissibility of expert witness testimony. The purpose of this article is […]

How An Attorney Works A Trucking Case: The A to Z Basics

Though it is impossible in one short article to outline everything you need to know about a trucking case, an outline of the basics is necessary so you can understand how your attorney will be pursuing your claim. Every year, about 5,000 people die and over 100,000 people are injured in large truck crashes. Despite […]

Hazardous Material Trucking v. Traditional Cargo Trucking

Written by: Bernard F. Walsh, Esq., Daniel A. Murphy, Esq., & Christina I. Walsh, J.D. How Hazardous Material Cases differ from traditional Cargo Transport Trucking Cases? Introduction: Most understand that by now you can not handle an interstate, or intrastate, trucking case like an auto accident case. Different rules and laws apply. Likewise, you can […]

Lifetime Care Plan Experts For Personal Injury Cases. When To Use Them And What To Look For

Lifetime care plan experts are essential in presenting any personal injury case for both the outcome and the amount of compensation that the client receives. What professional background is ideal for a lifetime care expert? There are many possibilities of viable candidates but Our law firm prefers to work with a Physiatrist. A physiatrist is […]

When To Hire An Accident Re-constructionist And How To Select One

What Types Of Cases Should An Attorney Hire An Accident Reconstruction Expert? Every large case with significant injuries and substantial insurance coverage Accidents with serious injuries and large amount of insurance coverage or liability will bring the insurance company to the court room with a highly experienced legal team. To have a shot at these […]

Trucking Accident Litigation Essentials For Plaintiffs Attorneys

If you are considering whether or not to represent clients injured from accidents involving commercial trucks there are several things that are essential to do and understand prior to taking on such cases. To begin with, trucking cases are a completely different animal than run-of-the-mill auto accident cases. The differ in many ways especially in […]

Traumatic Brain Injury Case Essentials For Attorneys

Closed Head Injury Or Traumatic Brain Injury Cases Are some of the toughest cases for an personal injury lawyer to prove. Because the injuries to the client are not obvious in the physical appearance, the attorney will have to commit to compiling the evidence required to prove the case. Understand The Commitment Required To Represent […]

The Attorneys Guide To Navigating ERISA

By Elisabeth DeWitt and Bernard Walsh The recent cases from the Supreme Court are ending a trend in case law. These days, plan language is king. So, how can plaintiff’s attorneys protect their clients’ recoveries and their own fees and costs? Here are a few tips to help you navigate the world of ERISA liens. […]

The A To Z Basics Of Proving Closed Head Injury

These are some of our toughest cases to convince insurance companies and juries to accept. The problem in the past has been that these cases turn on the believability of the plaintiff, their families and their co-workers. Anyone handling such claims must first start by referring to the injury as a Traumatic Brain Injury (TBI) […]

Crash-Related Injuries

Advanced Surgical Treatments For Spine Injuries Attorneys And Their Clients Should Be Aware Of

Crash Related Injuries A personal injury attorney that represents clients who have suffered spine injuries has a duty to inform his or her clients of the latest advances in surgical spinal treatments. Surgical treatments for spinal care have drastically improved patient recovery time, effectiveness and pain reduction and new approaches to spinal treatment are continuing […]

Plague Of Stealthy Arbitration Clauses Erodes Legal Rights Of Unsuspecting Public

The findings of a study by the Consumer Financial Protection Bureau show a disturbing trend underway by corporate america – blanket credit service contracts with arbitration agreements to prevent the public’s ability to sue. The study found that 75% of consumers did not understand they were subject to an arbitration clause in their agreements. The […]

Alternative Treatments For Neck And Back Pain

For more than twenty-five years, I have personally represented thousands of people who have been injured due to motor vehicle accidents and other causes, and have seen a variety of types of medical care and treatment available to accident victims. Some types of treatment you may be familiar with, but today there are many new […]

Injured In An Accident? How to Record Your Injuries.

Being injured in an accident is a trying time. In addition to coping with the pain and disruption to your life, you will be forced to also deal with the financial and legal fallout of the accident. As many parties may be liable for paying compensation to those who have suffered damages, it is vital […]

What Your Attorney Should Know About Modern Spinal Surgery Options

Attorneys who practice in the area of personal injury must have, at least, a basic understanding of medicine. This helps you to understand your client’s pain and also can help you to advise your client to make an informed decision regarding their medical care. This is especially true when it comes to innovations in spine […]

Why Concussions Are So Dangerous and Can Leave Lasting Problems

A concussion is an injury to the brain from a bump, blow, or jolt to the head. They can also be caused by a fall or a blow to the body that makes the head and brain jerk quickly side to side or back and forth, like in a car crash. Doctors and other medical […]

Insurance Issues

A Practical Guide for Dealing with Insurance Companies Regarding Recorded Statements on Motor Vehicle Accident Cases in Florida

Insurance Company claims representatives are becoming increasingly aggressive in attempting to obtain recorded statements from individuals involved in motor vehicle accidents in Florida; yet most problems can be avoided by remaining calm and politely referring the insurance company claims representative to your lawyer. After The Accident Are you obligated to provide a recorded statement? How […]

Crash Science

The Effects of Side Impact Car Crashes on the Body

Side impact car crashes (also called “T-bone accidents” or “broadside collisions”) tend to have a more devastating effect on the human body than all other types of car accidents, according to researchers at Monash University Accident Research Centre in Melbourne. Side impact car accidents kill between 8,000 and 10,000 people each year, more than rear-end […]

Law & Legal Topics

Not Wearing A Seat Belt Can Harm Your Personal Injury Case

There is very little to debate when it comes to safety belts and their ability to save lives. A recent survey by the National Highway Traffic Safety Administration revealed that safety belts, or “seat belts, “ save 13,000 lives in the United States each year. The survey also estimated that 7,000 fatalities would have survived […]

What To Watch Out For During An Injury Case

If you are pursuing a personal injury case for financial compensation, be aware that the insurance company (defendant) will have a very experienced legal team on their side looking to put holes in your case. Because of this we recommend that anyone involved in a case be very careful of how they present themselves and […]

What Is More Important To You, Justice, Or Corporate Profits?

How America is allowing forced arbitration to erode the publics rights in favor of special interests. What if one day you lived in a country where the justice system had no court of law, where you do not get represented by an attorney, and where the judge in your case was employed by your adversary, […]

Voters Be Aware: New Study Shows The Fiction Of Tort Reform And Frivolous Law Suits

The verdict is in on tort reform: Political wrangling, harmful policy with little to no cost reduction and undo harm to those in need. The Tort Reform Debate Explained Before going deep into the tort reform rabbit hole we think it’s best to explain the basics of tort reform for those unfamiliar. The phrase has […]

Proposed Florida Laws Strip Medical Care Decisions Away From Doctors When Personal Injury Claims Are Considered

Who Loses Under HB 379? Injured Policy Holders Medical Professionals Florida Citizens The Court System Who Wins? The Insurance Lobby You could be forgiven for thinking messing around with healthcare coverage rules was the sole domain of democrats these days, but the new laws which will deeply interfere with the choices a doctor will make […]

AV Peer-Review Ratings, What Are They, and What Do They Mean?

Anyone who has spent time looking for a personal injury attorney or other lawyer, may have noticed the AV Rating badges that sometimes appear on attorney websites. Many law firms have plastered their websites with lots badges and other accolades that look impressive but do they actually mean? As it turns out the AV Ratings […]

Filing For Bankruptcy During Your Personal Injury Claim Has Serious Repercussions For The Plaintiff

If you are in the process of a personal injury claim and are considering filing for bankruptcy protection it is 100% essential that you get legal advice from both your personal injury attorney and your bankruptcy lawyer. We cannot overstate the importance as file for bankruptcy will have a major impact on your personal injury […]

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