Fort Lauderdale Injury Lawyer Blawg

Oftentimes a significant personal injury case resolves by way of settlement - and depending on a number of factors, the Plaintiff can have the option of accepting the insurance company's offer of settlement proceeds through a "structure" that provides for agreed-to allocations of those settlement benefits over designated periods of time. Inherent in the structured settlement agreement are the limitations and prohibitions against the Plaintiff receiving any assets sooner than the agreed-to structured time payment periods.

It is this writer's considered opinion that with the right legal counsel, certain limitations and prohibitions are abundantly in the best interests of the recipient of those settlement funds and should not have been agreed to from the onset unless fully understood by the Plaintiff of a structured settlement for serious Florida personal injuries.

Unfortunately, there is a sub-industry of opportunistic entrepreneurs who selfishly try and often succeed at tempting and misleading the beneficiaries of these structured settlements into obtaining a "cash-out" of their proceeds sooner than as designated in the structure agreement - prying upon the recipient's vulnerabilities. These opportunistic structure buyout companies attempt to obtain these structures at a fraction of what the Florida personal injury victim is otherwise entitled to receive, the end result being typically disaster for the victim who falls prey to these predator companies.

Continue reading "Beware of companies looking to buy structured settlements from Florida Personal Injury Victims!" »

I finally paid attention to the advertising "come-on" used by some very aggressive interests trying to lure unsuspecting Florida personal injury victims into using their services. Frankly, I am not sure who is behind this advertising that you hear on the radio, television and see on billboards - whether it is sponsored by attorneys or alleged health care providers. If these groups are attorney based, many trial lawyers like myself are questioning whether their advertising comports with the Florida Bar's guidelines for attorneys' advertising.

Regardless of who is behind these ads, it is this writer's opinion that they appear to be misleading and with an intention to lure an unsuspecting Florida automobile accident victim into being intentionally deceived into what they may be entitled to from these companies. The ads typically state "you may be entitled to $10,000.00". but I presume what these questionable advertisements are referring to is that if you are injured, your health care providers could be paid up to $10,000 through your personal injury protection coverage, but it appears as though these outfits want the unsuspecting Florida automobile accident victim to be lured to these outfits by believing that they will receive $10,000, net into their own pockets. If this is their ploy, it is this writer's opinion that such advertising is deplorable and unfit for any professional, regardless if an attorney or health care provider is behind this. I strongly urge anyone considering such potentially deceptive advertising to consider consulting with an dedicated personal injury attorney who is committed to their client's best interests.

Continue reading "Florida personal injury victims - beware of claims made by "411" type pain center advertisers!" »

#9 in a series of discussions on Florida's Motor Vehicle No-Fault laws.

Unfortunately, there are those situations where an insurance adjuster maintains a completely untenable position in refusing to negotiate or refusing to attempt to settle a claim brought by a victim of a Florida vehicular accident, when it could and should have done so under the circumstances. These situations may arise when the victim has not availed her or himself of the benefit of skilled personal injury lawyer; or for a myriad of reasons, even if the victim is properly represented. Florida Statute section §624.155 was created by the Florida legislature to deal with such civil injustice. While this practice should never be tolerated, many victims of "bad faith" not only neglect to pursue their legal remedies against the wrongdoer and/or their insurer, but also fail or overlook the opportunity of obtaining the assistance of the insurance commissioner's office to deal with such inappropriate behavior by an insurer.

Whether the insurer's action is as a result of extraordinary oversight or by a deliberate intent to avoid or delay paying rightfully due insurance benefits, it is incumbent upon victim and/or their personal injury attorney to not only file the appropriate claims with the insurance commissioner's office but also to bring a separate lawsuit for bad faith against the rogue insurance company, under the right circumstances. This process can be quite complex and it is strongly suggested that the victim of a vehicular accident, who suspects that they may be the victim of a rogue insurance adjuster or company, obtain the skilled representation from the right Fort Lauderdale Personal Injury Lawyer who will identify these wrongs and know how to act against the carrier and in the best interests of the victim by bringing the bad faith action.

#8 in a series of discussions on Florida's Motor Vehicle No-Fault laws.

This discussion will be split into an analysis of those refusals by an which could possibly be justified, and those which are clearly the insurance company's insurance company "bad faith" refusal to settle a case for injuries as a result of a motor vehicle accident in the State of Florida when it could and should have done so under the circumstances had it acted reasonably towards its insured.

As we have previously discussed, it is the insurance company's adjuster's role to find issue with any possible factor concerning the victim's claims for bodily injuries and damages as a result of a vehicular accident in Florida. In order to prevail in a personal injury claim, the victim, through his skilled personal injury attorney, has the burden to prove that the wrongdoer was 100% at fault for the accident, that the victim has suffered "threshold injuries", as defined by Florida's Motor Vehicle No-Fault statute and that such injuries were directly related to the accident. It is the insurance adjuster's role to attempt to disprove each and every aspect of that burden of proof. Insurers will often attempt and have the right to attempt to prove that the victim was anywhere from 1-100% comparatively at fault, and that the victim suffered no causally related injuries. These affirmative defenses could be alleged with regards to if the victim had a pre-existing similar injury or condition, had a previous or subsequent accident which could account for the victim's complaints, or by simply using an insurance company paid doctor to minimize or discredit the victim's allegations of injury.

#7 in a series of discussions on Florida's Motor Vehicle No-Fault laws.

Once your attorneys have received a reply to their F.S. 627.4137 claims notice letter, and assuming that the wrongdoer has at least the minimal liability insurance benefits, you and your attorney should have a meaningful consultation as to whether to attempt to negotiate with the wrongdoer's insurance carrier or file immediate suit. While some injury cases need an appropriate period of time to determine whether the victim will be able to establish that they have suffered threshold injuries (which allow them to recover their damages under Florida's Motor Vehicle No-Fault laws), unfortunately, there are those victims whose injuries are so overwhelmingly and obviously serious that there should be no dispute as to the victims right to recovery.

Even under those circumstances, the victim and their Florida Injury Attorney should think long and hard about the pros and cons for filing suit immediately versus attempting to negotiate with the wrongdoer's insurance carrier. The primary concern that should be communicated by the attorney is what is truly in the best interests of their victim/client. Consideration should always focus not only on what is most expedient, but what will produce the most net money damages for the victim/client -- over and above the attorney's fees, the healthcare providers' costs, and all the experts' expenses. Most attorneys charge a contingent fee for representing accident victims and this fee has been limited by Florida's Supreme Court. In most instances, an attorney's fee rightfully increases from 33 1/3% to 40% of the first one million dollars recovered in the event an answer to a lawsuit is filed in the victim's action.

Oftentimes, the wrongdoer has an insufficient amount of insurance to cover the total amount of the victim's losses and therefore, the attorney must carefully counsel the victim/client as to minimizing the amount of expense versus what the ultimate recovery might be.

#6 in a series of discussions on Florida's Motor Vehicle No-Fault Laws

So you have chosen to stand up for yourself and hold the wrongdoer who negligently caused a Florida car, motorcycle or trucking accident responsible for your injuries and damages (and hopefully their insurance company), how do you go about doing that?

While you have the right as a matter of law to immediately file a lawsuit against the person and/or company responsible for your serious injuries, as a practical matter, you may want to determine whether that wrongdoer will be financial responsible for your losses before doing so.

The most efficient means of determining this information is by placing the wrongdoer on written notice of your intent to sue and demand their insurance information pursuant to F.S. 627.4137. This statute requires the wrongdoer to provide information concerning the name of their car, motorcycle or truck insurance carrier, the amount and types of insurance coverage provided for the wrongdoer, and whether there will be any coverage defenses where they might attempt to deny your claim.

Every licensed operator of a vehicle in the State of Florida has a duty to maintain financial responsibility.

Unfortunately, at times more than 60% of the persons causing vehicular accidents in the State of Florida were financially irresponsible, i.e., uninsured which oftentimes seems to go hand in hand with how irresponsibly they operate their vehicles.

#5 in a series of discussions on Florida's Motor Vehicle No-Fault Statute

There is no question in this writer's opinion that the appropriate behavior for a victim of car, motorcycle or trucking accident in the State of Florida is to civilly hold the wrongdoer who causes an accident and injures others responsible for their negligence.

Our system of civilized justice calls for each of us to be responsible for our actions and wrongdoings, whether negligently or intentionally caused. If our society functioned without accountability, we would be a society that would operate on a basis or inherent unfairness. If someone is the victim of another's carelessness or negligence, philosophically, why should the victim (or society) bear the burden and expense and let the careless individual off without any responsibility or accountability? Unfortunately, many of us seem to be morally or ethically challenged when it comes time to stand up for our rights and seek accountability for the injuries suffered in these accidents. How often have we heard the phrase, "I'm not the type of person who sues"?

I hereby submit to you that this questioning or reluctance to seek justice by accident victims has been taught to us by the very industry that profits by our disasters but has no pure intention to properly compensate the victims or their insureds. The insurance industry has very effectively taught many of us to question and seriously consider that "... good people suck it up when they're hurt ... only the lying, malingers bring insurance claims for car, motorcycle or trucking accidents." While nothing could be further from the truth, just remember the insurance industry has perfected that belief throughout our society for one purpose - so they do not have to pay as many righteous claims as they should.

#5 in a series of discussions on Florida's Motor Vehicle No-Fault Statute

So in the past four articles, we have laid a very basic but realistic foundation for how Florida's automobile no-fault laws had come into effect and how they were intended to operate in the best interests of the automobile insurance industry. The basis of this article will be to discuss what is the appropriate course of action for the unfortunate victims of motor vehicle accidents in Fort Lauderdale, Florida as well as the state of Florida.

First of all, if you or someone you care for is seriously injured as a result of a vehicular accident, then you all too well know what it means to suffer pain, physical disfigurement, scarring, loss of income, loss of personal enjoyment, and emotional distress, to name a few of the common injuries and damages suffered by the victims.

The question then becomes whether you choose to hold the person or company that caused your auto, motorcycle or trucking accident responsible for your injuries and damages, and if so, what is the appropriate and proper manner to do so? We will discuss this in two separate segments. The first segment will be a discussion concerning the philosophical aspects of bringing a claim for personal injuries and damages and the second article will be a discussion of how it is actually brought from a practical standpoint. Those articles will then be followed by a discussion of whether and how to choose the legal representation that would best serve your interests.