Some recent recalls were announced by the major automobile manufacturers including Ford, Chrysler, BMW and Nissan. Below, we have highlighted the most recent car recalls, as of May 2012, to keep you aware and safe. If you need additional information about any of these issues, you can visit safercar.gov, or call the hotline at (888) 327-4236.

New Recalls and Alerts:

Car Manufacturer: Chrysler

• Recall of approximately 119,072 Dodge 300 and Charger vehicles due to a malfunction in the power distribution center .
• Certain 2011 and 2012 vehicles may lose ABS/ESC system function if the power center overheats, which can lead to loss of vehicle control.
• Recall believed to begin in May of 2012.
• You may call them at (800) 853-1403 and mention safety recall M10. They will give you more information about visiting a local dealer to get your car checked and, if there is a problem, fixed for free.

Car Manufacturer: Ford

Two Recalls Relating to Ford Windstar

• Recall of approximately 50,000 Windstar automobiles sold in Virginia.
• 23,000 vehicles (model year 1999-2003), have been recalled because of corrosion related fractures affecting the front lower control arm, rear attaching brackets, and body mount attachments.
• Approximately 27,000 vehicles (model year 1998-2003), have been recalled due to corrosion issues that can weaken the rear axle making it susceptible to stress.
• Recall believed to begin in June of 2012.
• You may call them at (866) 436-7332 and mention safety recall 11S16 or 10S13 respectively. They will give you more information about visiting a local dealer to get your automobile inspected and, if there is a problem, fixed for free.

Recalls Relating to New F-150, Expedition, Lincoln Navigator & Mustang Vehicles

• Recall of approximately 10,500 vehicles for issues regarding a transmission range sensor on certain 2011-2012 Ford F-150, 2012 Expedition and Lincoln Navigator, and 2012-2013 Mustang vehicles.
• Recall is projected to proceed June 25, 2012
• You may call them at (866) 436-7332, mentioning recall 12C23, for more information and dealership information. The dealer will inspect your automobile and fix it for free.

Recalls Relating to BMW

• Recall of approximately 7600 3-series vehicles manufactured from October 19, 2011 through March 18, 2012, because of a head restraint issue.
• Recall is anticipated to start May, 2012
• You may call them at (800) 525-7417 for more information and dealership information. The dealer will inspect your automobile and fix it for free.

Recalls Relating to Nissan

• Nissan has issued a recall of approximately 26,626 Titan and Armada vehicles because certain vehicles do not have correct rim size information on the label.
• Recall is expected to begin on May 14, 2012
• You may call them at (615) 725-1000 for more information and dealership information.

If you have any questions regarding the recalls listed above, or have been involved in an accident because of a recall issue, please call one of our experienced West Palm Beach Car Accident Attorney at the LaBovick Law Group.

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What actually constitutes a wrongful death case? As the term states, wrongful death means that somebody died wrongfully through the negligence of some action that occurred, whether it be a car accident, a premises liability situation, a boating accident, a medical malpractice case, or a product liability, it’s due to the negligence of the defendant or another party.

Important Actions One Should Take

Like all other personal injury cases, hiring a lawyer as soon as possible is crucial and actually more important than any other type of legal matter. The reason is that wrongful death cases have a two year statute of limitations in the state of Florida versus a four year statute of limitations for most other types of negligence cases. The reason that you need to get an attorney involved as soon as possible is not just because of the statute of limitations, but also to handle such matters as preservation of evidence, gathering witnesses, hiring of experts, to gather data and evidence necessary to see if you can prove the case.

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A good friend of mine and I were sitting around the other day talking about our kids and he told me a story about his daughter in the middle school of our public school system here in Palm Beach County Florida. As the story unfolded, I became more and more horrified at what I heard.

Evidently, she suffers from a learning disability referred to as Dyscalculia. This is the mathematical equivalent of Dyslexia. It is more common than believed and significantly under diagnosed. All along the parents had been led to believe that she was “slow” or unmotivated. They tried, in vain, through intermediate school to obtain a 504 plan through the school board only to be discouraged by the school's math teacher and principal. Subsequently, the fifth-grade math teacher gave the child the answers to the final exam test so that she would pass with D. In other words, the school failed her up to the next grade.

Once in middle school, she was classified as a special education needs student and warehoused with underachieving and learning disabled children. Finally, the parents had her tested and her intelligence ranked above average. It was only then that they learned that she suffered from Dyscalculia.

They went back to the school with the diagnosis and had a conference with the teachers and guidance counselors. They were assured that the problem would be addressed and that they were capable of teaching to the problem. She was again warehoused within the school in classrooms designed for learning disabled and chronic underachievers.

Her self-esteem deteriorated and her confidence was completely eroded. My friend went to the counselors after notice of his daughters failing grades. The school assigned her tutors but these tutors failed in their efforts as well. The tutoring sessions at the school were nothing more than free time to goof off and was more like daycare. More meetings with the counselors ensued and my friend was assured that his daughter will graduate to the eighth grade with a solid D average. His lasting impression was that the counselors, school administrators and teachers just did not care.

Recently, he pulled his daughter out of the public school system and found a local Montessori school that catered to intelligent children with a learning disability such as Dyscalculia and Dyslexia. He and his wife were ecstatic to learn that the schools mantra was to rebuild the child's self-esteem and confidence. From there the learning would progress in an acceptable fashion. Their theory is as the confidence grows in the child, the child will not fear the learning process and flourish. In the brief time that his daughter has been at the school, she has changed for the better in her personality, attitude and desire to learn.

As a father of two school-age children, I found this story to be exceptionally compelling. We must all take an active role in the educational process of our children because the system is capable of breaking down. I am sure that there are dedicated school principals, administrators and teachers throughout the state to take special interest in their students. But like any profession, there are others that are only in it only because it is a job or have burned out and are waiting for retirement. Just because our children are in public school, does not mean that we have lost all control over the process. But in order to make change, you must be involved.

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A woman from Jupiter, Florida has recently filed a law suit against Celebration Cruise Line, alleging that she sustained serious injuries after falling down a staircase aboard the cruise ship.

According to court documents filed on May 7th by the LaBovick Law Group, Karen Kollinger, of Palm Beach County, fell head first down a flight of stairs after her heel became caught under a raised metal strip which is used to hold the carpet in place on the stairs.

Attorney Mark R. Hanson of Palm Beach Gardens is representing Kollinger in the matter. When asked to comment on the case, personal injury attorney Mark Hanson stated, "She was virtually catapulted out of her shoes."

Kollinger had to undergo cervical spine surgery as a result of the fall and is suing Celebration Cruise Line for negligence and undetermined financial damages, Hanson said. He also added that "They were negligent in maintaining the stairs in a safe condition, which created a dangerous situation."

Attorney Mark Hanson further explained that she fell on a staircase in seas that were very calm, and therefore didn't play a factor in the incident. He expanded further that a jury will have to decide on the damages due to Karen Kollinger, who has accumulated medical bills in excess of $100,000 so far.

According to the Sun Sentinel (http://www.sun-sentinel.com/business/fl-celebration-cruise-lawsuit-20120509,0,6127220.story), Court documents submitted May 7 in Fort Lauderdale in the U.S. District Court Southern District of Florida Broward County allege that Kollinger's fall, which has caused "great physical pain and mental suffering" was a direct result of Celebration's negligence.

A spokesperson for the cruise line stated that he didn't have any information about Kollinger's lawsuit, but that the standard operating procedure is not to comment on an ongoing lawsuit.

About Mark Hanson:

Mark Hanson is the Director of Litigation at LaBovick Law Group. He has over twenty years of experience fighting for the rights of injury victims. Named a Florida Super Lawyer, he is highly respected for his aggressive representation in personal injury and maritime law matters.

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Cruising as a way of travel and for vacations has emerged in popularity in recent years. The cruise ship lines have become increasingly competitive with their fares and amenities. These large, floating cities have Las Vegas-style entertainment and top flight restaurants. Many ships are becoming more kid-friendly, too, so the whole family can take a vacation and visit foreign ports of call without having to do anything more than debark and return to the ship when the excursions are over.

However, most consumers do not take the time to read the contract for passage, which is commonly referred to as the cruise line ticket. This ticket contains valuable information that the customer/passenger must accept before going on a vacation aboard a cruise ship. There are waivers of liability, limitation of damages and other factors that a cruise passenger should consider before taking a cruise. For instance, most cruise lines have the limitation of liability on lost or damaged personal property in the amount of $5,000.

I once had a potential client contact me about the loss of personal property from his stateroom. He and his wife were very wealthy people from the mid-west and had more than $200,000 in jewelry go missing from their stateroom safe. Yes, you read that right, more than $200,000 in property went missing from their stateroom safe. They attempted to make a claim against the ship and were shocked to find out that the ship’s liability was limited to $5,000.

"How could this happen?" He asked me. The answer is that when you purchase a cruise line ticket, you are entering into a contract with the cruise line. The terms and conditions of the contract are enforceable and cannot be challenged. But there is no limitation to the sum of compensation under an injury or a death claim.

The place where a lawsuit must be brought with time limitations is established in the contract for passage. More often than not, the place the lawsuit must be brought is in Dade County, Florida, in the Federal Court System and must be brought within one year from the date of loss. This statute of limitations is much shorter than the statute of limitations for land-based injuries and deaths. I’ve had more than one unpleasant conversation with a potential client only to inform them that they waited too long to bring their claim, and there was nothing I, or any Florida maritime attorney could do to help them.

A cruise can be a very rewarding, fun and memorable experience. But it can also be very heartbreaking and damaging in the end if personal property or personal injury occurs aboard a ship, and the unwitting passenger hasn’t read the limitations of liability and damages prior to getting on board.

Moral of the story: read the contract for passage and all of its provisions. Pack accordingly, and be safe.

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This is part three of a three part series on bullying, and anti-bullying initiatives. In this article, we will look at corporate bullying and the correct actions one should take.

In the past several years, there have been many reports of workplace bullying. Our law firm, LaBovick Law Group, is handling several large bullying personal injury cases, both in the workplace and in the schools. It seems that the cliché “once a bully, always a bully” holds true, and that bullying can transcend from the schoolyard to the workplace.

As adults, we feel as though we must handle these types of problems on our own. We believe that our maturity will be able to withstand the bullying and there is no sense in getting others involved. However, workplace bullying is a Human Resources problem that needs to be brought to the attention of the employer. If the employer is unaware of the bullying problem and it results in some form of injury, there may be no legal recourse against the employer for the damages that the bullying has caused. Therefore, it is important that the victim notify Human Resources of the bullying when it commences so that a file may be created in addressing the situation.

The victim should notify the appropriate authorities within the corporate infrastructure in writing and keep a copy of the correspondence. If the problem does not cease within Human Resources, the victim should take the matter up the corporate ladder until it is satisfactorily addressed. With the written correspondence, the employer is on notice of the potential problem that may cause the company legal issues down the road. The employer is more likely to respond quickly and in a manner to resolve the conflict to the satisfaction of the victim.

As an adult, if you find yourself being bullied, you should address the problem immediately within the company and seek counseling if you feel it is necessary to overcome any emotional stress that the bullying has caused. As has been reported on several occasions across the country, employees have allowed themselves to be bullied to the point where they have felt helpless and have committed suicide. While these cases are rare, they could have been avoided had the employee addressed these issues directly with the employer in an appropriate form and had sought professional help for the emotional trauma that was caused. In rare instances, the employee may simply have to find employment elsewhere. However, no respectable corporation would allow bullying to take place within the scope of its business and risk an unnecessary lawsuit if it can be avoided by other means.

As our world becomes more complex and information becomes more available, we are all being made aware that old problems such as bullying are still around and will be for years to come. Whether you are a parent or an employee, you can nip the problem in the bud by protecting yourself and the ones you care about in the aforementioned ways.

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This is part two of a three part series on bullying, and anti-bullying initiatives. In this article, we will look at the signs to look for that your child is being bullied, what cyberbullying is, and how to stop both.

Bullying Is A Serious Issue

In part one of my series, I gave a definition of bullying: bullying is aggressive behavior that is intended to cause harm or distress. If this has happened to your child, they are not alone. Over one third of teens have reported being bullied while at school. Bullying is a significant and pervasive problem that affects children of all ages, with serious short term and long term consequences.

Signs That Bullying Has Occurred

There are many signs we can look for, as parents, to recognize whether or not our child is being bullied. Signs to look for in your child include:

• Coming home with damaged clothing.
• Missing items such as books and electronics.
• Physical injuries.
• Loss of appetite.
• Loss of sleep.
• In extreme instances, child may begin to discuss suicide and feelings of hopelessness.

Ways to Stop Bullying

The best way to fight bullying is to work as a family. The parent must sit down and have a very honest discussion with the child in order to find out where the bullying is taking place, and the identity of the bully. If it is in the context of school, the parent should meet with the school authorities, and explain the situation completely. The school undoubtedly has a "No Bullying" policy. Public schools take these policies very seriously and enforce them. However, the child must be taught how to protect themselves from bullies.

First, they should know not to engage the bully. Teach your children to walk away whenever possible. If it is not possible, children must protect themselves until they can get away. It is also a good idea to instruct your child to stick to a group as to not become singled out. Children should tell an adult at the school about the problem. Put the complaints in writing and keep a copy.

Other times, the bullying occurs over social networking sites. This is known as cyberbullying. As a parent, it is your responsibility to monitor your child's use of the Internet. You must have all your children's passwords to the social networking sites they're on, and review them religiously. This type of bullying is most insidious because it can be done without physical injury and cause tremendous emotional damage to a child. Because the lack of physical injury, parents are less likely to discover cyberbullying as they would physical bullying. Cyberbullying can be done by other children who are less likely to engage in physical bullying. If cyberbullying is occurring, the child should disengage the social networking site or "un-friend" the bully.

Parents who discover their child being cyber bullied should do their best to identify the bully at the other end of the computer and ask for a meeting with the bully's parents. Most likely, the parents of the cyber bully have no idea what their child has been doing and would be more than happy to assist in ending the bullying.

In part three of our series, I will discuss bullying in the workplace and what steps one needs to take.

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This is part one of a three part series on bullying, and anti-bullying initiatives. In this article, we will look at how bullying is defined and the different types.

According to the Olweus Bullying Prevention Program:

"A person is bullied when he or she is exposed, repeatedly and over time, to negative actions on the part of one or more other persons, and he or she has difficulty defending himself or herself."

Definition of Bullying

Bullying includes three important components:

1. Aggressive behavior that involves unwanted, negative actions.
2. A pattern of behavior repeated over time.
3. An imbalance of power or strength.

Bullying has been around since the beginning of mankind. However, the advent of the Internet and social networking sites has pushed bullying into the forefront of public awareness.

Types of Bullying

Bullying can take on many forms:

1. Verbal - name-calling and teasing.
2. Social - spreading rumors, leaving people out on purpose and breaking up friendships.
3. Physical - hitting, punching and shoving.
4. Cyber - using the Internet, cell phones or other digital devices to harm others.

Recently, there have been reports where bullying has spiraled out of control to the point where the victim has committed suicide. This does not necessarily only apply to children, teenagers or college students. There have been several reported incidents where bullying in the workplace has led adults to take their own lives.

As our society becomes more complex, and communication becomes less face-to-face, bullying can become easier for those who otherwise would not engage. It is very easy for the cowardly bully to tease and ostracize others over a social networking site. This type of bully can remain in the shadows and would otherwise not confront the victim for a variety of reasons.

This is not to say that old-fashioned traditional physical bullying does not exist, it does. Schoolyard fights seem to be on the increase as society places more pressure on teenagers to achieve and gain acceptance.

In part two of our series, I will discuss the signs to look for that your child is being bullied, how to protect your child from bullies, and how to address cyber bullying.

Stay tuned for part two of our bullying series, coming soon.

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In an effort to make April National Distracted Driving Month, lawyers across the nation, with the help of enDD.org and 60forSafety, are giving presentations to local high schools, civic groups, and other organizations, to bring awareness to the dangers of distracted driving.

This week, it was my pleasure to give four presentations to local high school drivers education classes. I had a chance to talk with the young adults about the driving dangers associated with texting while driving and using a cell phone while driving. It was an honor to be there and engage with the students and faculty.

Distracted driving kills over 5,500 people a year. As a driver, you make a conscious choice to either drive safe, or not drive safe. Why would you, or anyone, choose to be an unsafe driver? As a driver, you must keep your attention focused on the task at hand. . . . . driving. You must make the right choice. You must choose not to drive and talk on the phone. You must choose not to text while driving. You must choose not to engage in any activity that will take your attention and focus away from driving.

As a passenger, if you see the driver engaging in any unsafe or dangerous behavior, you must speak up. You have the obligation to tell the driver what he or she is doing is unsafe, because if you don’t, then you are only condoning unsafe driving.

The bottom line is we all must learn how to drive safely, because any distracted driving accident is an accident that should never have happened to begin with.

The Boca Raton personal injury attorneys at LaBovick Law Group represents seriously injured accident victims throughout Florida, including the cities of West Palm Beach, Palm Beach Gardens, Jupiter, North Palm Beach, Port St. Lucie, Boca Raton, Boynton Beach, Stuart, Deerfield Beach, Wellington, Greenacres, Delray Beach, Miami, Fort Lauderdale, Orlando, Jacksonville, Tampa, Hollywood, Riviera Beach, Lake Worth, Tequesta, Lake Park, Juno Beach and Ft. Pierce among many others.

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Auto Accident App

The new auto accident app launched by LaBovick Law Group is the easiest way to record details at the scene of an automobile accident. The auto accident app, named Crash Detective, is the best mobile app on the market, available for both the iPhone and the Android. It directs victims through compiling the necessary evidence immediately after a car accident has occurred. Easy to use, this app has many features and benefits.

Features of Auto Accident App

The auto accident app is a great mobile tool for accident victims. If you have been involved in a car collision, you now have a free app that guides you through a logical checklist of action items. The auto accident app has a comprehensive list of features including:

• A one touch button to call 911 or instantly contact our Palm Beach personal injury lawyers.
• A Camera, video recorder and text notepad to record all of the important information about the auto accident.
• Concise instructions of what needs to be accomplished before and after an accident.
• Efficient forms to quickly gather accident information from the other parties (drivers, witnesses, passengers).
• Automatic GPS locator which helps in recording critical accident facts like traffic patterns and driving conditions.

Emergency Services Features of Auto Accident App

The auto accident app aids victims by allowing them to quickly search and locate the closest emergency services. So, apart from being an easy to use accident reporting tool, the app doubles up as an emergency services locator. With a single click, users can:

• Find the nearest police station.
• Find a tow truck service.
• Locate auto repair shops.
• Discover nearest taxi services.
• Obtain a map of closest hospitals.

The Crash Detective utilizes the quickest growing way for information gathering. The best part is that it's absolutely free. Easy to use, comprehensive in design, this auto accident app provides all of the resources one will need when faced with the unfortunate circumstance of being a victim in a car collision.

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As a personal injury attorney, every day I represent innocent prudent drivers that were hurt by the negligence of another. Quite frankly, during depositions, I have heard every possible excuse available from negligent drivers for causing an accident. Someone even once used the excuse that a cockroach was crawling up his leg!

Sadly, many times I have had the duty of representing innocent children that have been injured by negligent drivers. As the proud parent of a 3 year old, I have to travel daily with my daughter in my vehicle. Honestly, this scares me to the core, despite feeling very confident in my driving abilities. Folks, the bottom line is even though you are a prudent driver, the person driving next to you may not be. As such, your precious cargo may be in danger.

According to the National Highway Safety and Traffic Administration, "Motor vehicle crashes are the leading cause of death for (children) ages 3 to 14 (based on 2006 figures, which are the latest mortality data currently available from the National Center for Health Statistics)." Furthermore, every day in the United States, about four children under age 14 were killed, and 529 were injured in motor vehicle crashes. With this in mind, we need to take every safety precaution available when traveling with children on the roads.

According to the NHTA seating recommendations for children:

• Birth – 12 months: Children under age 1 should always ride in a rear-facing car seat.
• 1 – 3 years: Keep children rear-facing as long as possible. It’s the best way to keep them safe. Your child should remain in a rear-facing car seat until he or she reaches the top height or weight limit allowed by your car seat’s manufacturer. Once your child outgrows the rear-facing car seat, your child is ready to travel in a forward-facing car seat with a harness.
• 4– 7 years: Keep your child in a forward-facing car seat with a harness until he or she reaches the top height or weight limit allowed by your car seat’s manufacturer. Once your child outgrows the forward-facing car seat with a harness, it’s time to travel in a booster seat – but still in the backseat.
• 8 – 12 years: Keep your child in a booster seat until he or she is big enough to fit in a seat belt properly. For a seatbelt to fit properly, the lap belt must lie snugly across the upper thighs, not the stomach. The shoulder belt should lie snug across the shoulder and chest, and not cross the neck or face. Remember: your child should still ride in the backseat because it’s safer there.

For further information please visit the National Highway Safety and Traffic Administration’s website for numerous life saving tips. http://www.nhtsa.gov/Safety/CPS

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Effective December 1,2011, the United States Coast Guard increased the average weight per person that commercial boat operators must assume when calculating the number of passengers they can carry. At 185 lbs., the new assumed average weight per person updates the old average of 160lbs, which was established in 1960. The Coast Guard is following the trend that Americans, as a society, are becoming heavier. This is confirmed by the current administrations’ increased concern with our society’s overall obesity.

Not withstanding the subtle comment on the fitness on Americans today, the Coast Guard’s new regulations will clearly affect all commercial boat operators. For instance, dive boats are restricted by weight and can only carry a certain amount of passengers by virtue of the size of the boat. The increased weight limit will mean that the dive company will be able to carry less passengers per trip. The only conclusion that can be drawn from this is that the dive company will either make less money or charge more per passenger for the pleasure of diving aboard their vessels. In other words, our fatness as society is going to translate into higher fares paid by passengers boarding commercial vessels. The long reaching effects may carry into ferries, small cruise ships, and other forms of sea going transportation governed by the United States Coast Guard weight limits.

If we enjoy diving, traveling by commercial vessel or other sea-going activities, the fatter we get, the thinner our wallets get.

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Our legislation is on the verge of gutting our auto personal injury protection (PIP) statutes to make it nearly impossible for policy holders to force their insurance company to abide by the terms of the policy. You see, every driver in Florida must have PIP, and it goes to pay medical expenses for the injured insured. Carriers have historically avoided their obligations by cutting off benefits illegally and stiffing healthcare professionals. When that has happened, the insured could force the carrier to do the right thing and also pay the insured attorney's fees as a deterrent to this illegal activity. But the insurance lobby has a friend in Gov. Rick Scott, and they want attorney's fees capped. They say it's part of an overall plan to get rid of fraud; it's really a plan to allow the carriers to go back to the business of screwing their insureds and the health profession without fear of reprisals.

A colleague of mine from Broward County wrote the following to help you contact your state rep and let them know why these changes are bad. The credit goes to Cris Boyar and is as follows:

Introduction as to why Florida Provides Legal Fees to a prevailing insured

In order to understand why artificial caps on attorney's fees in PIP cases are a bad idea it is necessary to look back and see why fees are awarded to people who sue their insurance company when the insurer wrongfully denied the claim. Early on our legislature recognized that unless something was done to level the playing field between insurer and their policyholders, the insurers could deny claim after claim with impunity.

Recognizing the unfairness of the system and the financial disparity between the insurance industry and its policyholders, the legislature enacted a law that allows policyholders the right to have his or her attorney's fees paid by the insurer in the event they had to sue the insurer and prevailed in their suit. These legal fees are paid only after the case is over and there is a determination the insured prevailed by proving the insurance company wrongfully denied the claim. It often takes years for a case to resolve, and the lawyer incurs all the fees and costs until he or she wins the case.

Much to the dismay of the insurance industry, the very vast majority of suits filed against insurance companies result in favorable outcome for the policyholders, requiring the insurers to pay claims they should have paid in the first place as well as the insured's attorney's fee. This has not resulted in deterring insurers from wrongly denying claims. Now, in the guise of saving policyholders money in premiums, there is an attempt to place a cap or limit on the amount of money an insurance company would be required to pay a policyholder who was forced to sue an insurer.

It should be pointed out that this cap would apply only to the amount of money an insurance company would have to pay for the policyholder's attorney fee and would allow insurance companies to continue to pay their own attorneys any amount necessary to "wage the war." The defense lawyers get paid regularly and even if they lose the case.

Why Capping Attorney Fees is a bad idea

Caps of legal fees will prevent injured citizens and healthcare providers from suing to recover insurance benefits that have been wrongfully withheld by PIP insurers. There is no evidence judges are awarding unreasonable fees and costs to a PIP lawyer that ultimately wins a case. Insurers should avoid denying claims. The best way to keep insurers honest is by forcing them to face the risk of paying the legal fees to the patient/provider if the insurer wrongly denies the claim. We know the State of Florida has no track record of assisting Floridians in getting insurers to pay claims.

The prospect of having to pay reasonable attorney's fees if the insurer is found by a court to have wrongfully failed to pay benefits is what keeps them honest. Without the potential for this adverse consequence, we will undoubtedly see an increase in denied claims, resulting in increased profits for insurers and hardship for Florida's citizens and small businesses owners.

In reality, doctors cannot afford to pay lawyers to force insurers to pay the medical bills for Floridians that are buying insurance that is mandatory. Insurers get the benefit of selling a product every driver must purchase. If they deny a claim, and they were wrong, it is only fair they pay the patient/medical provider's reasonable fees and costs.

Why limiting hourly rates is a bad idea

If you lower the hourly rates to an unreasonably low amount, it will deter the most qualified lawyers from accepting PIP cases. Why would a lawyer that can bill $300 an hour take on a personal injury protection case for just $200 an hour, then face reductions by a judge and be subject to a maximum recovery? PIP cases can be complicated. It is in the best interest of Floridians to have the most qualified lawyers representing the small business owners and individuals that take these cases where they recover a fee only if they prevail.

Why limiting or capping the total amount of fees is a bad idea

PIP insurers are virtually always the driving force in the number of hours spent prosecuting the PIP suit. We know an insurer can avoid paying legal fees if they pay the claim or pay the claim once they receive a pre-suit demand letter. The insurer can pay virtually no legal fees if they pay the claim once they are served with the lawsuit.

Then the insurer can limit what it pays in legal fees without legislative help. They can avoid invoking the rules of civil procedure in cases that are in small claims court. They do not have to demand a jury trial, like they do in virtual every case. They can avoid filing unnecessary affirmative defenses that causes hours and hours of litigation. During the litigation process, it is not uncommon for an insurer to schedule numerous depositions, hire expert witnesses, file countless motions, take appeals in the middle of the case and then appeal once the case is over. There is nothing in the house bill that would deter this activity or limit the legal fees of the defense lawyer that gets paid even if the insurer loses. Insurance companies have no motive to require their lawyers to narrow the issues and avoid unnecessary litigation because if the insurer loses, and has to pay the legal fees, the insurer simply uses these costs to raise premiums.

If the legislature were to cap the amount of fees without preventing the insurer from forcing unnecessary litigation then you will be encouraging insurers to engage in unfair litigation practices because they know the lawyer for the plaintiff would never be able to prosecute the case and fend off the unnecessary litigation. The longer the insurer drags out the litigation the less per hour the lawyer earns. This would discourage competent lawyers from taking these cases which is not in the best interest of Floridians.

Plus, PIP cases are often appealed in the middle of the case and at the end of the case. No lawyer would be able to handle a PIP case if the insurer was allowed to appeal, and the fees were capped. PIP cases can reach the Fl Supreme Court.

Fees cannot be based on the amount of the recovery.

The proposed House attorney fee caps also apply to cases where an insurer has denied coverage. The way the House attorney fee caps are written, the attorney fees are limited to the lesser of $200 per hour or 15 times the monetary amount recovered by the attorney, if the amount in dispute is less than $500. When an insurance company denies insurance coverage and the lawsuit is only to obtain a finding that there is insurance coverage, there is no monetary amount that will be recovered by the attorney. Under the House proposed attorney fee caps, insurance companies can deny coverage, and if they lose they pay zero attorney fees.

Comparing doctors as equal to an insurance company is wrong.

The argument that is made by some that this is litigation between two corporations, akin to litigation between IBM and Microsoft, is a fallacy. The vast majority of PIP providers in Florida are small business owners. These "corporations" typically have only a handful of employees and, as such, it is a fallacy that they have resources to match the behemoth insurance companies in litigation.

The argument that the provider can simply pay its own attorney's fees if it wishes to litigate is also disingenuous. Doctors cannot afford this prospect. If an insurer simply refused to pay a few hundred dollars to each provider, the insurer would save millions. This is the very result that the insurance companies desire. If this passes, insurance companies will be able to deny, delay and defend claims denials with virtual impunity.

Insurers can recover their fees in two ways.

If the insurer makes a reasonable offer and the patient/healthcare provider does not beat the offer by 25%, the insurer gets its fees and costs paid for by the patient/provider. If the lawsuit is determined to be frivolous, the insurer will get its fees paid by the patient/provider and the lawyer representing the patient/provider.

Limiting attorney fees does not prevent fraud.

There is no correlation between fraud and legal fees. There are no examples of cases where the lawyer was arrested for filing a PIP for treatment related to a staged car accident. According to the latest statistics provided by The Office of Insurance Regulation/Robin Westcott, on February 29, 2012, Plaintiff's attorneys' fees represented 2.4% of auto carriers' expenses. There is no reasonable argument that can be made that attorneys are part of the fraud, contribute to the fraud or that capping their fees will reduce fraud.

Conclusion

The reasonable attorney's fee provision currently in place under PIP was established to level the playing field between the Goliath insurance companies, which have unlimited resources, and the individual citizen or small business person, who would have no prospect of obtaining counsel to pursue wrongfully-denied claims in the absence of such a provision.

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Ladies, we know you truly enjoy going to your favorite nail salon to get a pedicure.  But did you know that you can easily contract a skin infection from an average spa experience? In fact, it is not uncommon for patrons of nail salons to contract skin infections caused by rapidly-growing mycobacterium fortuitum. 

Don’t shave your legs right before going to get a pedicure! The problem begins when the patron shaves before getting the pedicure. Trust me; I get it. You do not want to have hairy legs while the pedicurist massages your legs and polishes your toes. However, the act of shaving your legs causes microscopic cuts and abrasions.  Now, unbeknownst to you, the foot spa you are about to put your feet in has not been properly disinfected.  As a result, the foot spa has become a festering cesspool of bacterial growth.  As you put your feet into the bacteria-ridden water, the bacteria will enter your skin through the microscopic cuts and abrasions caused by shaving. 

According to Board Certified Infectious Disease Specialist Dr. Juan Diaz, “initially, the infection may look like insect bite.”  If left untreated, the site of infection may increase in size and become filled with puss.  Sadly, the infection can lead to serious illness or even death.  In fact, patients may require having to undergo surgical removal of the infected skin.  Fortunately, there are things one can do to prevent infection. 

According to the Environmental Protection Agency and the Centers for Disease Control, here are a few tips to avoid infection:

• Microorganisms in foot spas can enter through the skin, so broken skin (i.e. cuts and abrasions) should not come into contact with foot spa water.
• Do not shave; use hair removal creams, or wax your legs 24 hours before receiving treatment in a foot spa.
• Do not use a foot spa if your skin has any open wounds such as bug bites, bruises, scratches, cuts, scabs, poison ivy, etc.
• Ask salon workers how the foot spas are maintained and how often.
• Make sure your salon uses an EPA-registered hospital disinfectant.

If you’re afraid you might have an infection from an unsanitary salon, contact attorney Rafael Diaz for a free consultation to learn your legal options. 

Photo courtesy of TiffaniKimInstitute.com

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