Articles Posted in Wrongful Death

crash-car-1180834-300x242The Perazzo Law Firm Shares Latest, Important Developments Regarding PIP Insurance

Orange County, Florida – PIP insurance or Personal Injury Protection, has the world of motor vehicle insurance providers on tenterhooks as the Supreme Court rules against an insurance company and in favor of the Florida Hospital Medical Center in the 5th District Court of Appeal. Personal Injury Protection(PIP) is mandatory insurance coverage for all registered vehicle owners in the state of Florida and serves to cover up to $10,000 in medical bills, damages, or losses stemming from a motor vehicle accident regardless of which driver was legally found at fault. Nevertheless, not everything is as simple as it seems as insurance providers as well as healthcare providers are all looking out for their best economic interests. Thus was the underlying basis for the PIP case brought on by the Florida Hospital Medical Center, which held the Progressive Insurance Company liable for $200 in unpaid reimbursement for medical services rendered to one of their policyholders. A Progressive Insurance customer, a car accident victim, suffered personal injuries that accounted for $2,781 in hospital expenses. According to the official court records, his PIP insurance policy had a $1,000 deductible which the hospital subtracted before calculating the total amount using the formula under Florida PIP law. It turns out that the insurer did not apply the same method for determining the legitimate amount owed to the hospital and reached a total amount due of $868. This $200 difference, brought-on by subtracting the car accident victim’s  $1000 deductible, prompted the legal battle by the Florida Hospital Medical Center. The case, which has insurance providers around the USA on edge, ruled against the formula used by the insurer company to calculate the amount owed. The decision was based on the grounds that the insurance company should apply the deductible to the overall charges in line with the statutory provisions. The ruling will ultimately lead to all insurance providers in Florida ultimately having to pay more to hospitals and healthcare practitioners treating motor vehicle accident victims.

So where does PIP stand now? The new rule states (in a nutshell) that the deductible needs to be exhausted at the start. Statutorily, the minimum deductible is $1,000, so the first $1K is the responsibility of the insured person and the insurance provider doesn’t have to pay it. Until now, the insurance company was spreading out the deductible.

The Perazzo Law Firm Serves Victims of Amusement Park Accidents in Florida

rollercoaster-series-5-1550126Orlando, Florida: Amusement Parks offer lots of excitement and entertainment for the young and old alike. However, not everyone can handle the thrill that comes from rides that pump an overdose of adrenaline into fragile hearts and minds. Though amusement parks post warning signs for certain rides, not all visitors can understand what they say. Such was the case for a 38-year old man that suffered a fatal heart-attack while aboard the “Skull Island: Reign of Kong” ride at Universal Studios in Orlando. Apparently, neither the man nor his family, all visiting from Guatemala, did not speak or read English, thus failing to catch the gist of the warning sign posting the dangers for those with heart conditions. The deceased man’s family later filed a wrongful death lawsuit on the grounds that Universal acted negligently by not posting warning signs in Spanish, as well as in other foreign languages. A spokesman for Universal refused to comment on the subject regardless of the fact that Universal is quite aware of the vast number of foreigners that visit the amusement park on a daily basis. In the meantime, the personal injury lawyer representing the man’s family stated that not having warning signs posted in other languages other than English is unreasonable, especially after Orlando ranked at the top as one of the USA’s most popular destinations last year. Though it’s hard to determine exactly how many theme park visitors lack basic knowledge of the English language, local figures reveal that some 6.1 million of the 72 million Orlando visitors come from abroad. With these whopping numbers, it’s hard to believe that Universal hasn’t contemplated posting signs in other languages; or at least Spanish for that matter. According to Premises Liability laws, business operators owe a duty to notify individuals of any possible dangers that visitors may incur. Thus, any failure to provide clearly posted warnings could result in a Premises Liability claim based on negligence on behalf of the business owner or operator. Rides such as the one that led to the death of the 38-year-old man from Guatemala, who had a previous heart condition, usually read “Warning! This ride is an expedition through the rough terrain of King Kong’s natural habitat. The movement of the truck is dynamic with sudden accelerations, dramatic tilting and jarring actions.” Thus, individuals with past or present heart conditions,  irregular blood pressure, spinal cord problems, or pregnant women, should refrain from going on the ride. Sadly, neither the man nor any member of his family took notice of the sign, and if so, they failed to notice the captions accompanying the printed text warning. Apparently, the man had complained about feeling nauseous after getting off the ride and sat down for a while as his wife and son boarded another ride. By the time they got back, the victim had passed out and later died at a local hospital. The lawsuit presented by the family’s lawyer also holds the Universal responsible for the tardiness in providing medical attention by the park operators.

uh-oh-1313048-225x300If you, a friend or relative has been hurt in an amusement park, or has suffered damages or losses as a result of negligence or a mechanical flaw while on or around a ride, Perazzo Law urges accident victims to contact their Miami Law Office ONLINE for a FREE consultation.

construction-4-1234895-300x225Perazzo Law Serves Construction Worker Accidents and Wrongful Death in Miami-Dade and Broward County

Miami Beach, Florida: A 35-year-old construction worker fell approximately 12ft. at a Miami Beach construction site this past Monday and died shortly after being assisted at Jackson Memorial Hospital, according to the local authorities that arrived to the accident scene. Miami Beach Fire Rescue units reported that the construction worker, an outsourced mason working for the Rinaldi Group, fell from the third floor onto the second floor of a building that was being constructed at 2000 Washington Ave. The construction work accident that led to the worker’s tragic fall is being investigated by officials from the Occupational Safety and Health Administration, which according to sources, requires that rebar caps be placed on the ends of any protruding rebar in the event a worker falls onto them while on the job. In this case, officials will have to determine if the construction firm acted negligently by leaving the rebar unprotected. If that is determined to be the case, the construction company may face severe fines to compensate for any wrongful death claims brought on by the victim’s family. Though it is hard to put a price on life, legitimate negligence on behalf of an employer and his/her insurance provider must.

Perazzo Law Shares Insight Into Construction Workers Accidents