July 2010 Archives

July 30, 2010

A Fort Lauderdale Accident Lawyer's Perspective On Public Sentiment Part III


If you have been reading these Blawg Post articles and are or have been the victim of a Fort Lauderdale personal injury accident you all too well can understand this discussion. You have found that the Florida insurance industry and the Corporate World have effectively perpetuated a system of creating further victims out of victims.

It is this law firm's commitment to uphold the laws of the State of Florida and the United States of America for the utmost benefit of personal injury accident victims.
If you are reading this article and have so far been fortunate enough not to have been the victim of a personal injury accident then I ask you to make a serious commitment to rethinking your understanding and compassion for those who do suffer.

The next time you may have the honor to be called for jury duty in Fort Lauderdale or throughout Florida and this great Country, seriously consider setting aside all the biased, preconceived thoughts of personal injury accident lawsuits and the "commonality of trauma" and strongly commit to fairly listening to all of the facts and evidence in the most compassionate and appreciative manner.


Continue reading "A Fort Lauderdale Accident Lawyer's Perspective On Public Sentiment Part III" »

July 28, 2010

A Fort Lauderdale Accident Lawyer's Perspective On Public Sentiment Part II


Our society seems to have grown all too indifferent to the suffering of individuals and I opine that in the area of personal injury lawsuits, this overwhelming disrespect for the care, concern and full legal compensation for personal injury accident victims has been in large part caused by a very purposeful intention by the insurance industries and corporate America. I submit to you that insurance company and corporate America's financial self interests far exceed their concerns over whether their insureds or their employees are responsible for negligently injuring others.

And I strongly submit to you that the insurance industry and corporate America has been clandestinely changing America's perception of right and wrong, of justice and injustice, concerning the respect and rights due personal injury accident victims, for the better part of a century now; in complete contradiction to the great laws of the State of Florida and the United States of America.

If you are reading this article and are or have been the victim of a Fort Lauderdale personal injury accident you all too well can understand this discussion. You have found that the Florida insurance industry and corporate industries have effectively perpetuated a system of creating further victims out of victims. It is this law firm's commitment to uphold the laws of the State of Florida and the United States of America for the utmost benefit of personal injury accident victims. To be continued in Part III in the next Blawg Article Post

Continue reading "A Fort Lauderdale Accident Lawyer's Perspective On Public Sentiment Part II" »

July 26, 2010

A Fort Lauderdale Accident Lawyer's Perspective On Public Sentiment Part I


Unless you had the unfortunate experience to suffer injuries from a Fort Lauderdale or Florida accident caused by the negligence of another, it is often times difficult to truly understand what it means to be negligently injured and suffer. Whether it arose due to the careless operation of a car, motorcycle, truck, van airplane helicopter, or boat, the sad reality is that the accident victim's suffering is quite real and unique to each individual's trauma.

Unfortunately, our society has grown callous in so many ways to the suffering of others. Our modern media has made even the most graphic forms of injury, whether from accidents or crimes or war, a commonplace if not actually a digestible bit of dinner time entertainment, whether from television or the internet. Our society has offered up catastrophic events as a form of entertainment, rather than teaching us how to be compassionate, loving, caring humans with each of us coexisting in a civilized society.

We must never lose sight of the fact that each of us deserve the respect and dignity of humanly care if we are the unfortunate victim of suffering, due to negligence or otherwise. Apparently, until it is us, we tend not to appropriately empathize with the victim or one that is suffering.

It is the professional commitment of this Fort Lauderdale Accident Lawyer to accept the most serious duty of truly representing accident, or personal injury victims. It is this Fort Lauderdale Accident Lawyer's privilege to accept the charge of legally representing Fort Lauderdale personal injury accident victims and distinguishing each of our clients' injuries and damages in the most meaningful and appropriate and compensable manner. Continued in next Blawg Article Part II

Continue reading "A Fort Lauderdale Accident Lawyer's Perspective On Public Sentiment Part I" »

July 23, 2010

What Forms of Florida Vehicular Insurance Should We Purchase To Protect Ourselves In The Event of An Fort Lauderdale Accident? Part II


It is this writer's opinion that uninsured or underinsured motorist benefits are the single most beneficial forms of coverage. Uninsured motorist benefits provide full bodily injury liability protection for you the insured, in the event that the individual who caused your Fort Lauderdale vehicular accident has no or not enough bodily injury liability insurance of their own. It is this writer's opinion that uninsured motorist protection is a necessity and is the cheapest form of disability insurance that an individual can purchase to protect themselves in the event they are severely impaired and disabled as a result of an uninsured or underinsured motor vehicle accident.

It is this writer's opinion that almost all Florida automobile insurance companies that could sell uninsured motorist protection intentionally persuade their insureds not to purchase uninsured motorist protection because their primary allegiance is to the insurance carrier and not to the Florida insureds. Florida automobile insurance agents generally, wrongly advise Florida vehicular insurance purchasers that they do not need uninsured motorist protection if they have PIP and med-pay, by improperly describing uninsured motorist coverage as simply additional medical benefits. This is false and misleading and Florida automobile insurance agents generally, intentionally omit describing all the benefits that a prospective insured would be entitled to directly from uninsured motorist benefits, whether by a settlement with the insurance company or from a jury verdict and judgment. Those benefits could include the payment for past and present pain and suffering, the loss of enjoyment of life, emotional distress, disability and impairment, as well as for medical, hospital and nursing costs and lost wages well in excess of the underlying PIP and med-pay benefits provided.

Continue reading "What Forms of Florida Vehicular Insurance Should We Purchase To Protect Ourselves In The Event of An Fort Lauderdale Accident? Part II" »

July 20, 2010

What Forms of Florida Vehicular Insurance Should We Purchase To Protect Ourselves In The Event of An Fort Lauderdale Accident? Part I


When purchasing Fort Lauderdale Automobile Insurance one should consider a variety of concerns. Firstly, an understanding of insurance in general may be helpful. It is this writer's opinion that essentially, the intention behind obtaining insurance is to shift the risk and responsibilities associated with the possibility of having a vehicular accident to an insurance company that will agree to pay for your liabilities in exchange for a limited initial investment which is commonly referred to as an insurance premium. When an individual or business agrees to enter into an insurance contract they are essentially gambling that if a pre-determined event occurs, which is generally an undesirable event, the insurance company will pay the full amount of its agreed to liability limits in exchange for the premium purchased amount.

Insurance purchased for an automobile can provide risk benefits against damages caused to another's property; for bodily injury; for rental benefits; for towing; for the insured's own personal injury protection (PIP), for additional medical benefits (med-pay) or for uninsured or underinsured motorist protection (UM or UIM benefits).

The general intention behind purchasing each form of insurance benefit is the presumption that in the event of a Fort Lauderdale vehicular accident, the insurance company will protect and provide the agreed to benefits that the insured has selected.

While most Fort Lauderdale, Florida drivers are led to believe that the most important coverage is for bodily injury liability protection, most insureds are generally persuaded against acquiring the more personally beneficial insurance benefits. It is this writer's opinion that every Florida driver should obtain the maximum amount of PIP, med-pay and uninsured motorist coverage offered. PIP benefits cover 80% of all reasonably related accident medical costs, up to $10,000; as well as 60% of all accident related gross lost wages or lost income, within that $10,000 maximum coverage. Med-pay covers all accident related health care costs at 100%, and is typical sold in amounts of $1,000, increments up to $10,000, of additional benefits over the PIP coverage.


Continue reading "What Forms of Florida Vehicular Insurance Should We Purchase To Protect Ourselves In The Event of An Fort Lauderdale Accident? Part I" »

July 16, 2010

Fort Lauderdale Injury Accident Victims Who Received Medicare Benefits Fort Lauderdale Injury Accident Victims Who Received Medicare Benefits


Fort Lauderdale personal injury accident victims who receive medical care and incur medical expenses that may be entitled to Medicare or Medicaid government benefits need to be aware of several ramifications once benefits are received. Firstly, Medicare and Medicaid are conditional payments and the government has a right of recovery against their settlement proceeds. This right, which now almost always appears in all other contractual insurance programs is commonly referred to as the right to Subrogation. Briefly, if a lawsuit is successfully resolved the government is entitled to be returned a portion of its conditional Medicare or Medicaid benefits from the total amount of the Fort Lauderdale personal injury victim's recovery. This right will reduce the amount of the net settlement funds that a Fort Lauderdale injury accident victim will ultimately receive and can provide for a myriad of complications.

For instance, if the Fort Lauderdale, Florida accident injury victim's case resolves for a gross sum of FIFTY THOUSAND ($50,000) DOLLARS, but the government's claim to recovery is substantial in relation to that amount, the victim ultimate recovery is greatly compromised.

Pursuant to Section 111 of the Medicare, Medicaid, and SCHIP Extension Act of 2007 (MMSEA) which was signed into law by President George W. Bush, the government's ability to enforce the Medicare Secondary Payer Act was given much more far reaching strength.

Continue reading "Fort Lauderdale Injury Accident Victims Who Received Medicare Benefits Fort Lauderdale Injury Accident Victims Who Received Medicare Benefits" »

July 14, 2010

Fort Lauderdale All Terrain (ATV) Vehicles Personal Injury Accidents


While all terrain vehicles (ATVs) can provide tremendous utility they also can be extremely dangerous. All ATV riders should be fully familiar with these vehicles and should receive very competent training before operating an ATV. ATVs have a serious propensity to crash or rollover and cause Fort Lauderdale ATV injury accidents. Fort Lauderdale and Florida ATVs are not regulated as stringently as cars and trucks that require a registration process in order to be allowed to be operated on Florida's highways. ATVs are often operated by underage drivers and even children. ATVs generally possess an overwhelming amount of power in relation to an inexperience operator and are generally driven on surfaces that are not designed with safety in mind. Fort Lauderdale streets and Florida highways are designed with the driving publics' safety in mind, have specific considerations for pitch, angle, turn radius and elevation so to minimize the risk of a vehicle losing control due to the terrain it is being operated on. To the contrary, ATVs are driven on terrain which is by its nature are inherently dangerous and requires an enormous amount of skill, experience, care and attention so as to avoiding injury accidents with ATVs on Florida's off road terrain. Much of the terrain has uneven surfaces, rocks, roots, stumps or trees that suddenly appear in the path of a motorized ATV, each of which has the potential for causing enormous bodily injury for Fort Lauderdale, Florida ATV users.

Continue reading " Fort Lauderdale All Terrain (ATV) Vehicles Personal Injury Accidents" »

July 9, 2010

Fort Lauderdale Pedestrian Injury Accidents


Every day thousands of pedestrians are struck by cars, motorcycles, trucks and other vehicles. Victims of pedestrian vehicular accidents generally face a life of crippling injuries and damages and should always seek the advice and representation of the most committed Fort Lauderdale injury lawyers to assist them in dealing with this tragedy and its aftermath. A victim of a pedestrian accident will likely require not only the best medical care but also the assistance from a knowledgeable Fort Lauderdale personal injury accident attorney who can act as their patient advocate in seeking and obtaining the best possible hospital, medical, nursing and rehabilitative care.

From a legal consideration, a victim of a pedestrian injury accident is strongly advised to seek monetary damages from all responsible persons and entities in order to be properly compensated for their injuries and losses and care for all their future health and financial needs. A victim of a Fort Lauderdale pedestrian injury accident will also need a strong legal advocate to present the victim's case as effectively and as legally possible. Florida has many laws governing the rights and responsibilities of pedestrians as well as all vehicles sharing roadways where pedestrians may be. It is important that victims of Fort Lauderdale pedestrian injury accidents have strong Fort Lauderdale personal injury lawyers to advocate their case. Insurance companies who defend Fort Lauderdale pedestrian injury accident cases will attempt to use many defenses to diminish or defeat a Fort Lauderdale pedestrian injury accident case. It is very important that before you speak with any insurance company representatives that you obtain the best possible representation from a Fort Lauderdale personal injury accident attorney.

Continue reading "Fort Lauderdale Pedestrian Injury Accidents" »

July 5, 2010

Florida Laws That Assists Accident Lawsuits To Settle Before Trial - Part III


Part and parcel of the need to have competent legal representation for Fort Lauderdale personal injury accident victims is the need for the client to be advised of the Offer of Judgment law which can be used by the defendants and their insurance companies at the risk of the Fort Lauderdale, Florida accident victim's financial exposure.

The Offer of Judgment law states that if a defendant offers a sum for settlement before a jury's verdict and then a Fort Lauderdale, Broward County jury returns a verdict that is less than 75% of the amount offered by the defense in a personal injury lawsuit the court shall award the defendants reasonable attorney's fees and costs to be paid by the injured Plaintiff; this could amount to a very large amount of money and at times could exceed what the Plaintiff receives as a net amount in judgment.

The right Fort Lauderdale personal injury law firm will carefully advise you, the potential client, of the risks and possibilities that may occur at trial and while not providing a guarantee, will provide serious opinions as to the injured party's possibilities at trial.

The wrong attorneys may encourage an accident victim to refuse to settle a highly risky case and unnecessarily expose the injured victim to having to pay sometimes in the multiple tens of thousands of dollars. This would ultimately make the injured victim a two time loser, an outcome that this law firm prides itself on vehemently striving to avoid for each of our clients.

Continue reading "Florida Laws That Assists Accident Lawsuits To Settle Before Trial - Part III" »

July 2, 2010

Florida Laws That Assists Accident Lawsuits To Settle Before Trial - Part II


You would think that if the case warranted it most insurance companies defending Fort Lauderdale, Florida accident cases would wisely choose to settle before the risk of paying the injured person's damages results in having to incur significant attorney's fees and costs in addition to paying the injured person's damages.

Unfortunately, many insurance companies consider the risk worth taking and prefer to gamble that Fort Lauderdale, Broward County juries will return a verdict for less than what the injured accident victim might otherwise deserve. Many insurance companies have a business philosophy that is described as "a million dollars for defense, a penny for settlement". This corporate philosophy is motivated by the insurance company's greed and immoral concern for sending the message to Florida personal injury attorneys and accident victims that if you intend to sue their company be prepared to try your case because this insurance company will never settle regardless of fairness, nor a concern for the needs of the injured victims and their family, nor for right or wrong.

It is important for an accident victim and their family to choose the right personal injury attorneys who are committed to obtaining the right compensation for their clients. Fortunately, not all Fort Lauderdale, Florida personal injury attorneys have the same commitment to seeking justice for their injured clients. And I regret to opine that many of the typical mass media TV, billboard type law firms seek to collect many thousands of accident/injury clients and by doing so, either lack the ability or commitment to seek full justice for each of their injury clients - like this law firm has been committed for the last 30 years!