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Matthew Sean Tucker

About Matthew Sean Tucker

Matthew Sean Tucker is an Attorney practicing with a particular focus on patents, trademarks and personal injury, including car accidents, slip & falls, and dog bites, and other acts of negligence. Matthew holds a B.S. in Electrical Engineering from the University of Central Florida. Furthermore, Matthew received his J.D. at the University Of Baltimore School Of Law with a dual concentration in intellectual property law and business law. He is also a member of the Florida Bar, and an inventor of several patent pending inventions.

Key Steps in Establishing Negligence in Medical Malpractice Cases in Florida: An In-Depth Guide

When a healthcare provider's carelessness leads to a patient's injury or harm, it is known as medical malpractice. In Florida, pursuing a medical malpractice claim can be a complicated process that demands a thorough understanding of the state's legal framework. Becuas it is complicated, sometimes it can be hard to get a personal injury attorney to take your case.  A skilled medical malpractice lawyer at Tucker Law is available to assist you in navigating this complex procedure. This article will outline the critical steps to establishing negligence in a medical malpractice lawsuit in Florida. Recognizing the Components of Negligence In order to effectively establish negligence in a medical malpractice claim, four primary elements must be proven: Duty of Care: It is necessary to show that the medical professional had a duty of care towards you, meaning they were obligated to offer an acceptable standard of medical care. Breach of Duty: You must demonstrate that the medical professional violated their duty of care by not adhering to the established standard of care. Causation: It is crucial to establish a direct connection between the medical professional's breach of duty and the harm or injury you experienced. Damages: You must provide evidence of actual damages caused by the medical professional's carelessness, such as extra medical costs, lost income, or pain and suffering. Collecting Evidence to Strengthen Your Case In order to successfully prove negligence in a Florida medical malpractice lawsuit, you must gather substantial supporting evidence, which includes: Medical documentation: Your medical records can offer essential proof of the medical professional's actions and the injuries you sustained. Expert opinions: In the majority of medical malpractice cases in Florida, you must present evidence from a qualified medical expert who [...]

By |2023-04-06T15:11:21-04:00April 6th, 2023|Medical Malpractice, Personal Injury|Comments Off on Key Steps in Establishing Negligence in Medical Malpractice Cases in Florida: An In-Depth Guide
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What to Expect During a Personal Injury Deposition in Florida

During a personal injury deposition in Florida, both the plaintiff and defendant gather information to build their cases. The deposition involves attorneys questioning witnesses under oath, with their responses recorded by a court reporter. The collected information can be used in court to support each side's case. A new Florida statute impacts personal injury depositions for car accidents by altering admissible evidence for medical expenses in personal injury or wrongful death cases. The law sets specific guidelines for admitting evidence related to past and future medical expenses and requirements for disclosing information about letters of protection. Key aspects of the new statute include: Limiting evidence of past medical expenses to the amount actually paid, regardless of the payment source. Restricting evidence for unpaid charges based on the claimant's health care coverage, whether they possess coverage or not, and if they receive treatment under a letter of protection. Confined evidence for future medical expenses based on the claimant's health care coverage status. No obligation for any party to seek a reduction in billed charges to which they are not contractually entitled. Exclusion of individual contracts between providers and commercial insurers or health maintenance organizations from discovery or disclosure as evidence. In cases involving a letter of protection, claimants must disclose specific information, such as the letter of protection, itemized billings, details about accounts receivable sold to factoring companies or third parties, their health care coverage, and the person responsible for the treatment referral under the letter of protection. The new statute also limits the damages claimants can recover for medical expenses in personal injury or wrongful death cases. Recoverable damages cannot exceed the sum of the amounts actually paid, amounts needed to satisfy charges for unpaid [...]

By |2023-03-30T00:07:16-04:00April 3rd, 2023|Deposition, Personal Injury|Comments Off on What to Expect During a Personal Injury Deposition in Florida
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Understanding Traumatic Brain Injuries in Florida: Symptoms, Treatments, and Legal Options

The lives of individuals and their families can be profoundly affected by traumatic brain injuries (TBIs). In Florida, it is essential to be aware of the symptoms, available treatments, and legal options for pursuing compensation following a TBI. With a two-year statute of limitations in place, it is crucial for anyone considering legal action to act promptly. Recognizing the Symptoms of Traumatic Brain Injuries: The symptoms of TBIs can vary significantly based on the injury's severity and location. Some prevalent symptoms include: Loss of consciousness Persistent headaches Disorientation or confusion Nausea or vomiting Difficulty speaking or slurred speech Trouble concentrating or memory issues Mood swings, irritability, or depression Sleep disruptions Prompt medical attention is vital if you suspect a TBI, as early intervention can greatly influence the prognosis and recovery process. Exploring Treatment Options for Traumatic Brain Injuries: Treatments for TBIs can differ depending on the severity of the injury and the individual's specific needs. Common treatment approaches include: Immediate medical care and monitoring Medications to alleviate symptoms, such as pain relievers, anti-seizure drugs, or antidepressants Rehabilitation therapies, including physical, occupational, and speech therapy Assistance from specialists like neuropsychologists, neurologists, and social workers Legal Options in Florida: If you or a family member has experienced a TBI due to someone else's negligence, you might be eligible for compensation covering medical expenses, lost wages, and pain and suffering. In Florida, personal injury claims related to TBIs now have a two-year statute of limitations from the injury date. To maximize your case's outcome, it is critical to consult an experienced personal injury attorney familiar with the intricacies of TBI cases and Florida law. Your attorney will help gather evidence, guide you through the legal process, and advocate [...]

By |2023-03-29T23:55:20-04:00April 2nd, 2023|Car Accident, Personal Injury, Tramatic Brain Injury|Comments Off on Understanding Traumatic Brain Injuries in Florida: Symptoms, Treatments, and Legal Options
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The Hidden Dangers of Florida’s New Medical Expense Legislation: What Every Citizen Needs to Know

The recently introduced Florida statute sets the admissible evidence parameters for medical treatment and service expenses in personal injury and wrongful death cases. Despite its intent to regulate claimable medical expenses, the statute negatively impacts Florida's citizens in several ways: Limited claimable expenses: By restricting the evidence for claimable medical expenses to specific amounts and sources, the statute may undervalue the actual costs of medical treatments and services. Consequently, Floridians may receive inadequate compensation for their medical expenses. Added burden for the uninsured or underinsured: The statute places uninsured or underinsured individuals at a disadvantage by limiting admissible evidence for medical expenses to the Medicare reimbursement rate or 140% of the applicable state Medicaid rate. These rates might not accurately represent the true cost of medical treatments, making it more challenging for these citizens to recover their medical expenses. Complicated procedural requirements: The statute imposes complex procedural requirements, such as mandatory disclosures related to letters of protection and itemized billing statements. These extra steps may burden claimants, complicating the legal process and hindering their ability to obtain compensation for their injuries. Constraints on future medical expenses: The statute restricts the evidence for future medical expenses, potentially leading to insufficient compensation for ongoing or future treatments. This constraint may disproportionately impact individuals with chronic or long-term medical conditions requiring continued care. In summary, this new Florida statute presents significant obstacles for citizens pursuing compensation for medical expenses in personal injury or wrongful death cases. It will particularly hurt those cases in small towns, like Fort Myers car accidents.  The restrictions on admissible evidence and procedural requirements are likely to result in inadequate compensation for medical expenses, further burdening injured individuals and their families.

By |2023-03-29T23:48:57-04:00March 31st, 2023|Car Accident, Tort Reform|Comments Off on The Hidden Dangers of Florida’s New Medical Expense Legislation: What Every Citizen Needs to Know
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Understanding Florida’s New Statute of Limitations for Personal Injury Claims

Enduring a personal injury in Florida necessitates being well-informed about the state's statute of limitations, which establishes the time frame for taking legal action. On March 24, 2023, Florida's statute of limitations for negligence cases underwent significant modifications, shortening the time limit from 4 years to 2 years. This article delves into the updated statute of limitations, its effects on personal injury claims in Florida, and why this alteration may be harmful to Floridians. Adverse Effects of the Updated Statute of Limitations for Floridians Although the change in the statute of limitations has various repercussions for both victims and defendants, it may be particularly unfavorable for Floridians due to the following factors: Restricted time for discovery and investigation: A reduced statute of limitations implies that victims have less time to determine the full scope of their injuries, collect evidence, and examine the actions of the negligent party. Consequently, some injured individuals may be unable to file a lawsuit within the new time frame, ultimately hindering their pursuit of justice and compensation. Obstructed access to legal representation: The shorter time limit could make it more challenging for victims to obtain legal representation. Lawyers may become more selective when accepting cases due to heightened urgency and potential obstacles in developing a robust case within the limited time frame. Insufficient recovery period: The 2-year statute of limitations might not allow victims adequate time to recover physically and emotionally from their injuries. As a result, they may feel forced to initiate legal action before being fully prepared, which could negatively affect their ability to present a solid case. Greater risk of premature settlements: Time constraints may prompt victims to accept lower settlement offers, resulting in insufficient compensation for their [...]

By |2023-03-30T11:47:06-04:00March 30th, 2023|Car Accident, Personal Injury, Tort Reform|Comments Off on Understanding Florida’s New Statute of Limitations for Personal Injury Claims
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