November 2010 Archives

November 30, 2010

Does Our Society Care for Negligently Injured Victims? A Weston, Fort Lauderdale Personal Injury Attorney's Prospective - Part I


Lately, the old adage that "you really can't understand a person's life unless you stand in their shoes" is unfortunately all too often experienced when it concerns an individual who has suffered a personal injury inflicted by a careless individual or corporation. Furthermore, it seems that there is an ever growing indifference or even resentment among the public to an innocent accident victim choosing to seek justice and invoke their civil rights to receive compensation for their bodily injuries and monetary damages. How have we become so callous to the pain and suffering of others? Are we really a society of disconcern or even hypocritical beliefs?

Most of Florida's population is part of the Judeo-Christian culture that breed compassion for each other since before the time of Christ. Our society was founded on the principles of co-existing with civil obedience, laws, duties, and the obligation to be responsible for our wrongs. Many of us attend our houses of worship and religiously affirm and re-affirm our commitments to basic values that revolve around caring and essentially doing the right thing.

Yet, as a Weston, Fort Lauderdale, Broward County personal injury justice trial attorney I am often confronted by a puzzling sense that it is somehow wrong to seek justice when someone is injured in a personal injury accident. Quite often, clients who I perceive as being well-intentioned start off by introducing themselves as being "not the type of person that sues." Well to often individuals who are called to jury duty carry a background conversation which immediately goes to doubt the credibility or the authenticity of the lawsuit they need to judge before hearing any of the facts or evidence.

Are we truly identifying the real issues that motivate one to suddenly abandon our compassion for an injured individual? I submit to you that we are not as a society addressing what truly governs our belief system once we exit our houses of worship. I submit to you that corporate America has a stronghold on just about every aspect of our decision making processes and how we formulate opinions.
To be continued.

November 24, 2010

In A Fort Lauderdale, Florida Taxicab Accident, Who Is Responsible For Your Injuries And Damages? Part II


It is the experience of this Fort Lauderdale taxicab personal injury attorney that most taxicab fleet companies acquire insurance that is limited to $125,000 and then attempt to limit their exposure against any judgments beyond that amount of insurance coverage.

Oftentimes, individuals suffer very significant, if not catastrophic injuries, due to the carelessness of Fort Lauderdale taxicab drivers and their owners, which could leave the injured victim with nowhere near the sufficient amount of recovered monies to care for all of their accident related needs. Make no mistake about it, the taxicab fleet companies hire good lawyers and therefore so should you. It is extremely important to retain the most experienced, resourceful Fort Lauderdale taxicab personal injury attorneys and law firm who have the ability to recover the right compensation for your injuries which you may have suffered due to the fault of a taxi cab driver in Fort Lauderdale, Florida. Many taxicab fleet companies are also self insured and therefore are that much more unlikely to readily compensate an injured victim of a Broward County or Miami Dade County taxicab injury accident without putting up a very strong defense and that is why it is particularly important that you consider and retain the right Fort Lauderdale taxicab personal injury attorneys to attempt to recover the most possible damages on your behalf.


Continue reading "In A Fort Lauderdale, Florida Taxicab Accident, Who Is Responsible For Your Injuries And Damages? Part II" »

November 23, 2010

In A Fort Lauderdale, Florida Taxicab Accident, Who Is Responsible For Your Injuries And Damages? Part I


All vehicular accidents in the state of Florida are governed by the Florida Automobile Reparations Reform Act, commonly known as the No Fault Statute; which underwent its last significant revision effective October 31, 1984. In Florida, regardless of who causes a vehicular accident, so long as the vehicles' owners and drivers have complied with the financial responsibility provisions of the above referenced Act, an injured party must first use their own PIP or Personal Injury Protection motor vehicle insurance coverage to take care of their bodily injuries and loss of income. The Personal Injury Protection coverage must pay 80% of all reasonable and related healthcare/medical/chiropractic charges incurred, as well as 60% of your gross lost wages. These payments from an individual's Personal Injury Protection insurance company must be paid even if the injured individual was a passenger in a Fort Lauderdale or Miami-Dade or neighboring communities' taxicab.

Regardless of whether an individual was an occupant in a taxicab, private vehicle, motorcycle, or bus, fault must still be determined in order to seek compensation for all recoverable damages that are not included within one's own Personal Injury Protection coverage benefits. An individual is entitled to compensation for non-PIP covered additional medical expenses, loss of wages, future medical expenses and loss of wages, loss of enjoyment of life and pain and suffering. This holds true whether or not the accident was caused by a taxicab or by another vehicle.

Unfortunately, all too often local taxicab companies and their ownership interest attempt to shield their financial exposure regardless of whether their drivers were at fault or not. These companies attempt to force the taxicab driver into acquiring their own liability insurance coverage or create some form of corporate relationship between the two so as to shield or limit the taxicab fleets liability and limit the amount that they will ultimately need to pay regardless of the size of a potential judgment against them.

November 22, 2010

Can a Fort Lauderdale Florida Attorney Guilty Be of Malpractice In a Foreclosure Case?


The world's economy continues to reel from the real estate debacle that reared its ugly head after 2006. Countless numbers of Florida Homeowners including throughout Fort Lauderdale, Weston, Davie, Cooper City, Sunrise, Sunshine Ranches, Pembroke Pines and Miami had to face foreclosures due to their inability to continue to make their mortgage payments on their homes or simply having come to the conclusion that their homes, which they believed were some form of a secondary investment with the potential of yielding amazing profits if we kept turning them over, suddenly became valued well below the amount of the mortgage, making it senseless to continue paying their mortgages. As a result, so many of our neighbors have become judgment debtors or dispossessed of their homes after what sometimes seemed like a lifetime of prosperity and good fortune.

The question arises though: how many of these mortgage holders were directly wronged not only by the banks, but by a fiduciary who may have owed them a duty of care to have strongly advised them against getting into this mess? A fiduciary is defined as a person of high standards entrusted with the care of another as though they were doing the work for themselves. A fiduciary duty is a legal or ethical relationship of confidence or trust regarding the management of money or property between two or more parties, most commonly a fiduciary and a principal. It is a standard of care that demands the utmost of concern over the interest of the person they are caring for.

An attorney representing a purchaser in a real estate transaction may have had such a fiduciary duty of care for their clients,

Individuals who are represented by attorneys during their commitment of a mortgage agreement that was obviously inappropriate for their financial resources and abilities may want to consult the legal malpractice attorneys at the Schulman Law Group to determine whether or not they may have an actionable claim against their prior attorneys.

Continue reading "Can a Fort Lauderdale Florida Attorney Guilty Be of Malpractice In a Foreclosure Case?" »

November 17, 2010

The Rising Cost of Financing Fort Lauderdale/Weston Serious Florida Personal Injury Lawsuits


The Federal Judicial Center reported last year that pursuing a civil action in Federal Court cost an average of $15,000. Lawsuits which require significant expert testimony such as products liability and medical malpractice cases in Florida can often add more than $100,000.00 to the cost of litigation. Studies show that many Fort Lauderdale or Weston personally injury Plaintiffs or even their law firms are overwhelmed by the corporate defendants and their massive insurance companies who seem to have unlimited funds to finance these otherwise very necessary and righteous Florida personal injury lawsuits.


A discussion was recently raised in the New York Times and the Center for Public Integrity that private investors outlay of money towards financing plaintiffs personal injury lawsuits is providing more people with their opportunity to seek justice in court and affording them with the equally best paid experts and the best evidence. With the ever growing uncertainty in conventional investment avenues, large investors and even banks are now heading towards this ever increasing area of funding for plaintiffs' personal injury lawsuits as a new avenue for return on cash investments.


There is much debate among many Florida personal injury attorneys on the positives and negatives of such private investor capital entering into the arena of personal injury litigation investments. There is also a distinction between those investors who are aimed to funding the "plaintiff's attorney's Case" i.e. funds to be used for employing experts and testimony, vs. the more predatory investors seeking to take advantage of the needs of the injured plaintiff who needs personal capital while they are pursuing their lawsuit.


While there are many distinctions between the two, the interest rate on attorney investment is generally around 15% per year whereas the more parasitical investments that aim to capture the needy personal injury plaintiff at their time of need can receive practically 100% return on an annual basis. Needless to say, this could have a devastating effect upon what the personal injury victim's ultimate recovery.


Individuals concerned about whether they should obtain outside investor capital to fund them or their lawsuit during their litigation should take great measure in consulting with the most professional and committed Fort Lauderdale injury attorneys who are committed to looking after each victim's interests. For further information you may wish to contact the Fort Lauderdale injury attorneys at 1-877-529-0444 or at info@schulaw.com.

Continue reading "The Rising Cost of Financing Fort Lauderdale/Weston Serious Florida Personal Injury Lawsuits" »