What is negligent infliction of emotional distress? Infliction of emotional distress can either be intentional (such as threatening to kill someone) or negligent (causing someone mental distress through a negligent act or omission). To prevail in an action for negligent infliction of emotional distress, the plaintiff must: The “zone of
PIP insurers are always seeking out creative ways to defend personal injury protection cases. From failure to submit a valid demand letter, to provider-executed assignments of benefits lacking the requisite standing, insurers are attempting to minimize their liability/damages. I have encountered a new phenomenon, which can be titled as, “Medical
As we reach the middle of October there is more and more talk about the spooky holiday we end the month with…Halloween! Halloween is a time for candy, dressing up, trick-or-treating, and having fun. But it is important to remember to be safe throughout celebrating. The following is a list
Once a hearing has been requested for your Social Security disability (SSD) claim, the Social Security Administration (SSA) will give you the option to either appear via video conference for your hearing or request to have an in-person hearing. SSA has been scheduling video hearings since 2003. The benefit of
I recently attended a hearing in front of one of our distinguished judges at the Broward County Courthouse. It was a discovery matter regarding our client’s private contracts with non-PIP providers. The defendant, State Farm Insurance, requested all of our client’s contracts, arrangements and agreements with HMO’s, PPO’s, Medicare, Medicaid
In today’s world breast cancer has become increasingly common, especially in young women. Early detection is key. With the help of the Susan G. Komen Foundation, breast cancer awareness and fundraising have reached an all-time high. Which in return means an increased push toward breast cancer research along with providing
In terms of Social Security disability, obesity is no longer considered by itself to be a severe condition that would prevent you from working. However, when coupled with another condition, an individual’s weight can play a major effect on whether they are approved for benefits. The Social Security Administration (SSA)
What is a 6B request? Insurance companies are always looking for loopholes to deny payment for medically necessary medical treatment. Florida Statutes Section 627.376 (6)(b) is a loophole that was created by the Florida Legislature. A (6)(b) request allows the defendant to ask for documentation and information regarding the history, condition,
If you are applying for Social Security disability benefits it’s a good guess that you are not working and thus have no source of income. You’ve heard horror stories about friends and family applying for disability benefits and trying to do it by themselves. You don’t want to do this
As an attorney who practices maritime law, I often take cases against cruise lines. These cases often involve trip or slip and fall where my client has been injured. These cases are often very difficult to prove negligence on the part of the cruise line. One such way is to
