Rep. Rick Kriseman, an attorney at Saunders & Walker PA, has filed legislation that would require medical and legal referral agencies to publicly disclose that these agencies (like Ask Gary) receive fees from those attorneys. The legislation passed its first committee vote with unanimous approval. Kriseman was first elected to the Florida House of Representatives in 2006. He represents the residents of Florida House District 52.

According to the St. Pete Times, "Under the bill, medical referral services would have to disclose to customers their financial relationships with lawyers and health care providers. In addition, ads by lawyer referral services would need approval of the Florida Bar, just as ads by lawyers already do."

For years now, companies such as Ask Gary have operated in the shadows and have never been regulated by The Florida Bar since they are not a law firm. Ask Gary's owner, Sarasota chiropractor Gary Kompothecras, condemns the legislation. Of course, if the legislation becomes law, he'll have to abide by the same ethical standards binding all of us who advertise legal services in the state of Florida.

Our Michigan motorcycle accident lawyer obtained a significant jury verdict in a motorcycle accident insurance trial.  The lawsuit was filed by Grange Insurance Company against four bikers injured in a motorcycle accident.  The insurance company had refused to pay essential Michigan No-Fault Insurance benefits to the motorcyclists and their passengers that resulted from a September 20, 2008 accident.

The injuries on the motorcyclist included sprains, road rash, to broken bones requiring surgery. The surgeries varied from arthroscopic surgeries to open reduction internal fixation surgery with screws and plates.  The worst injured motorcyclist was off work for approximately 10 months and when she returned to work her position was filled and she was demoted. 

The insurance company agreed as to the amount of medical expenses, attendant care, services, household services, and lost wages incurred by the accident victims as a result of the incident.  However, the insurance company disputed that it was responsible for paying those benefits based upon its contention that that there was no involvement with its insured vehicle (the Suburban) at the time of the accident. “Involvement” does not require contact, but if there is contact with a motor vehicle then the motorcyclist were entitled to Michigan No-Fault benefits. There was strong evidence that there was direct contact with the bumper of the Suburban.  Interestingly enough the owner of the Suburban filed a property damage claim for the damage to the Suburban against the eastbound motorcyclists’ insurance company and was paid.

The case was tried before a jury for two days in the Monroe County Circuit Court. The jury determined that the insurance company must pay $50,000 in penalty interest for improperly denying the claims.  Based upon this determination and other factors under the Michigan No-Fault Insurance laws, the trial court can award significant attorney’s fees against the insurance company and for the injured motorcyclists.  A Motion for Attorney’s Fees for a determination as to the amount of those fees will be filed with the trial court shortly.

Opponents of motorcycle helmet laws might want to take a look at a new study suggesting that helmets will not only prevent death and serious injury to the head, but can also prevent cervical spine injuries. According to a study by Johns Hopkins University School of Medicine published in the Journal of the American College of Surgeons, motorcyclists who wore helmets were 22% less likely to suffer a cervical spine injury in an accident than those who did not wear a helmet. Cervical or neck injuries can result in disk or nerve damage and some injuries can lead to paralysis, and in some severe cases even death.

The study helps dispel the hypothesis that helmet weight causes significant torque on the neck during motorcycle crashes which could contribute to spinal injuries. “We are debunking a popular myth that wearing a helmet while riding a motorcycle can be detrimental during a motorcycle crash,” study leader Adil H. Haider, MD, MPH, assistant professor of surgery at Johns Hopkins University School of Medicine. “There is no doubt that helmets save lives and reduce head injury. And now we know they are also associated with a decreased risk of cervical spine injury.” According to Haider, this new study “is the strongest evidence yet that helmets significantly reduce cervical spine injury.”

Today, helmets are mandatory for all riders in only 20 states. Hopefully, these findings will help encourage more riders to wear helmets to increase safety and help reduce traumatic injuries.

Mark Bello has thirty-three years experience as a trial lawyer and twelve years as an underwriter and situational analyst in the lawsuit funding industry. He is the owner and founder of Lawsuit Financial Corporation which helps provide legal finance cash flow solutions and consulting when necessities of life litigation funding is needed by a plaintiff involved in pending, personal injury, litigation. Bello is a Justice Pac member of the American Association for Justice, Sustaining and Justice Pac member of the Michigan Association for Justice, Business Associate of the Florida, Tennessee, and Colorado Associations for Justice, a member of the American Bar Association, the State Bar of Michigan and the Injury Board.

From time to time I come across videos that involve some of the exact same things that we write about here at the Injuryboard. Daily reminders that we need to keep safety in mind all the time:

- Here's one I showed my boys about the need to pay attention and not get all caught up in your video game:

http://www.youtube.com/watch?v=ukEFBly4UKE&feature=player_embedded

- You always need to keep an eye out for motorcycles on the road:

http://www.youtube.com/watch?v=e2BccVeAurI&feature=player_embedded

- Driving 140 miles per hour? Maybe you don't want to tape it for YouTube. It's call evidence.

- What if you get your tractor stuck in the mud?

http://www.youtube.com/watch?v=YnRRGW6z3UQ

Interesting way to get it out.

Just yesterday I posted a blog about the importance of motorcycle safety awareness. If House Bill 105 passes through the North Carolina General Assembly, May will be devoted Motorcycle Awareness Month. Some much-needed attention can then be paid to safety concerns involving motorcycles and the over 260,000 North Carolinians licensed to drive them.

Unfortunately, that attention comes too late for Robert Haase, 48, of Liberty, NC. He was airlifted to Duke Hospital in Durham on March 17, 2011 following a near-collision with another vehicle. He’s lucky that the injury—albeit a serious personal injury—is not considered life threatening.

Mr. Haase suffered a broken leg after a car driven by James Brownfield, 42, of Climax, turned in from of the Harley Davidson bike he was riding down Wayne White Road in Randolph County. Highway Patrol Troopers charged Mr. Brownfield with unsafe movement. He claims that the brightness of the morning sun obscured Mr. Haase and his motorcycle from view.

If and when a full, official accident report becomes available for this motorcycle wreck, you can find it on www.egertonlaw.com. Hopefully, Robert Haase will make a strong, swift recovery.