Florida Injury Lawyer & Attorney : LaBovick & LaBovick Law Firm: Serving West Palm, Boynton, North Palm, West Palm Beach, Jupiter

There is only one word that I think of that can describe how I feel about Allstate Insurance Company: Outrage.  In light of recent events, Allstate Insurance Company is not putting the best interest of their clients first or their 1,100 Agents in Florida.    

Judge Paul Hawkes  wrote the following scathing remarks for a unanimous three-judge panel: “Allstate’s willful, indeed potentially criminal, failure to comply with its disclosure obligations has prevented OIR from adequately investigating its reasoned belief that Allstate is systematically defrauding its policyholders”.

Florida Insurance Commissioner Kevin McCarty is not backing down on his request for Allstate Floridian to allow his office free access to its records to end the  statewide shutdown.

“The timeline is in their hands,” McCarty said. “Clearly they have indicated a willingness to provide further documents. It’s unfortunate that it takes a succession of court cases . . . to get their attention.”

One can only hope that Allstate lives up to their corporate slogan  "you're in good hands with Allstate" and they are not found guilty of systematically defrauding unsuspecting policy holders.  Let’s not forget that corporate giants have been known to believe in the philosophy that greed is good; at any cost. Insurance companies that are found defrauding hardworking policy holders that faithfully pay their monthly, quarterly and annual premiums, should be punished to the full extent of the law.

Florida Insurance Commissioner Kevin McCarty and Judge Paul Hawkes deserve a round of applause for holding Allstate accountable. One can only hope that a whistleblower with integrity will come forward and shed some light on Allstate's internal practices and policies. 

Click here to read more on this subject from Florida Today.com

• Email This
• Print
• Comments
• Trackbacks

The eighth annual Click it or ticket Florida Campaign Kicks off for 2008 today. The campaign runs  from May 19 - June 1, 2008. The Click it or ticket  is a part of a national campaign that encourages drivers to buckle up.

This is a serious issue the LaBovick & LaBovick Law Firm is deeply committed to supporting. This year we partnered with the Dori Slosberg Foundation in helping to make the community more aware of this important roadway safety issue. This year, Governor Crist and law enforcement has  extended the campaign in hopes of saving more lives. Drivers on the roadways should be aware:

During May 19 - June 1, 2008, law enforcement will be increasing normal patrols and enforcement activities. In addition, law enforcement will be practicing a zero tolerance policy for safety belt usage. If a person is stopped for any traffic violation and is caught not wearing a safety belt, he or she will be ticketed. 

Research indicates that when people are wearing their seat belts/safety belts, lives have been saved in automobile accidents and automobile crashes.

Join the LaBovick & LaBovick Personal Injury Law Firm in promoting the 2008 Click it or Ticket Florida Campaign. We can all take it one step better and promote wearing seat belts all year long.

Important Florida seat belt usage statistics:

South Florida Seat belt Usage Statistics by County
Broward –  81.5% (2007) 
Miami Dade –  76.2% (2007
Palm Beach – 79.0% (2007) 

Seat belt Safety Usage Statistics in Florida:
• 2,103 people killed in vehicles.
• (1,301) of those killed not wearing seat belts.
• 72% (79 of 110) of the children ages 0 to 17 years old killed were not using safety equipment

Seat belt Usage by Florida Drivers:
• 618 drivers not wearing their safety belts were killed in traffic crashes. 
• 23,197 drivers involved in traffic crashes were not wearing their safety belts.

Day and Time of Crashes in Florida:
• Friday, during the 5 p.m. hour, had the highest number of all types of crashes (3,294).
• Sunday, during the 2 a.m. hour, had the highest number of fatal crashes (48).
• Saturday, during the 2 a.m. hour, was second with 40 fatal crashes.

NHTSA Traffic Safety Facts, 2006 Nationwide Crash Statistics
1 fatality every 12 minutes
1 injury every 12 seconds
1 property damage crash every 8 seconds
1 law enforcement reported crash every 5 seconds

• Email This
• Print
• Comments
• Trackbacks

A recent study from the Insurance Institute of Highway Safety tested several mid-sized cars and rated most with marginal or poor ratings for rear-end collisions.  This is important to mention because rear-end collisions and and neck injuries are the most common injuries reported in automobile injury accidents. According to insurance reports, rear-end collisions account for nearly 2 million insurance claims each year, with an estimated cost of $8.5 billion. Although, neck injuries are not life-threatening, they often leave the injured accident victim with a lot of pain and are sometimes debilitating.

The Rear crash test rated protection in a two-step procedure. Starting points for the ratings are measurements of head restraint geometry — the height of a restraint and its horizontal distance behind the back of the head of an average-size man. Seats with good or acceptable restraint geometry are tested dynamically using a dummy that measures forces on the neck. This test simulates a collision in which a stationary vehicle is struck in the rear at 20 mph. Seats without good or acceptable geometry are rated poor overall because they can't be positioned to protect many people.

On a positive note, according to Institute senior vice president David Zuby, "The side impact results represent a huge change from just four years ago. "A major change is that auto manufacturers have been moving quickly to make side airbags standard, even on lower priced models."

In 2006, there were 42, 642 people killed in the 38, 588 fatal motor vehicle accidents, according to the Institute of Highway Safety. Florida was third in the nation in fatal motor vehicle accidents, with 3,374 reported deaths from 3,097 fatal accident crashes.  California was number one in the nation in automobile fatal accidents with 4,236 deaths and Texas came in second with  3,475 reported motor vehicle deaths.

According to a NHTSA FARS report, South Florida led the state in traffic fatalities by County, with Palm Beach County having 212 traffic fatalities, Broward County having 267 traffic fatalities and Miami Dade County having 367 traffic fatalities. It is important to mention that Palm Beach County traffic fatalities increased the most significantly in South Florida from prior years by nine percent. 

This makes the National Click it or Ticket Campaign, so important in saving lives on the roadway. During May 19 - June 1, 2008, law enforcement agencies join forces day and night, from coast-to-coast, for an enforcement blitz that delivers on our message “Click It or Ticket". The mobilization is supported by national and local paid advertising and earned media campaigns aimed at raising awareness before the blitz that ... Day or Night - Buckle Up or Pay Up.

The amazing nonprofit, Dori Slosberg Foundation has taken important steps in working with Florida law enforcement to ensure Florida's participation in this meaningful campaign.  Irv Slosberg and his dedicated team have tirelessly worked side by side with Florida law to ensure that we have the necessary representation on the roadways during this campaign. Although the campaign is only for a few weeks, prior year statistics show that traffic fatalities are decreased during this timeframe.

Click here to learn more about the Staying Alive on 95 event spearheaded by the Dori Slosberg Foundation.

• Email This
• Print
• Comments
• Trackbacks

Yesterday, Florida's no-fault insurance law, PIP, passed phase I in a special legislative session that ends next Friday. The talks continue today as to whether or not revive the mandatory Personal Injury Protection automobile coverage for Florida drivers.

The House Insurance committee endorsed reviving PIP with the implementation of anti-fraud measures. The anti-fraud measures suggested Cap payouts to medical-care providers to a fee schedule and limits the providers to specific doctors and health clinics.

The Bill has an uphill battle in the Senate, where it has a 50-50 chance of passing according to Ellyn Bogandoff, (R) Ft. Lauderdale.

All eyes are on Tallahassee during this Special budget cutting session, which is scheduled to end next Friday. Our valiant Governor Charlie Crist, has made restoring PIP law a priority in this session.

Let's hope our Legislators come to an agreement that works best for the public and clamps down on fraud.

Click here to read more on the PIP debate from the Business Review, Sun Sentinel, Palm Beach Post

• Email This
• Print
• Comments
• Trackbacks

The Florida Senate issued a release yesterday saying that the September 18th special session will be cancelled.  According to the release, there will be a Fall Special Session instead. This was a lifeline for the Florida PIP No-fault Insurance law.  It is Florida's requirement for Florida drivers to  carry at least $10,000 of no-fault insurance. The requirement to maintain PIP is scheduled to sunset on October 1, 2007. That is unless there is some sort of divine intervention to keep it alive in one form or another, past this date.

Click here to read the Press Release from the Florida Senate.

• Email This
• Print
• Comments
• Trackbacks

Interesting news story from Florida. A new driver, in Naples, Florida runs over her driving instructor several times, and is charged with DUI. According to the police, her eyes were bloodshot and her breath smelled of alcohol. The sheriff's office test measured her blood-alcohol level at .146, which is above Florida's .08 legal limit.

I guess driving instructors will now start testing blood alcohol levels before they take students out for a driving lesson. My question for the driving instructor, why did he take this student out for a drive, when she smelled of alcohol?

Read more on this story from the Insurance Journal.

• Email This
• Print
• Comments
• Trackbacks

The People's Governor, Charlie Crist, continues to live up to his moniker.  He is making Florida a better place to live and work by signing legislation that helps save lives. Governor Crist recently signed Senate Bill 1822 into law. This bill seeks to end preventable carbon monoxide poisoning by requiring detectors in public lodging establishments and new construction in Florida. A bi-partisan effort, Senate Bill 1822, was sponsored by Senator Rudy Garcia, Senator Charlie Justice, Representative Eddy Gonzales, and Representative Ron Saunders. 

 The Bill seeks to prevent an estimated 100 deaths each year that are caused by carbon monoxide poisoning in Florida. Carbon monoxide is a gas that is odorless, colorless and tasteless and can build up rapidly without notice and lead to serious injury and even death. It has been estimated that in the United States more than 40,000 people seek medical attention each year for non-fire related carbon monoxide poisoning. Although considered the most preventable of all types of poisonings, more then 500 lives are lost each year by carbon monoxide in the United States alone.

Thanks to the valiant efforts of  groups such as Florida Justice Association and Past FJA Presidents Ira Leesfield and Greg Barnhart, this bill was passed with the hopes of preventing future tragedies to others. It is great to have a Governor like Charlie Crist on the side of Floridians. Charlie Crist is truly one of the best Florida Governors of all time. We support you Charlie Crist. 

Click here to read more from the Florida Justice Association on Senate Bill 1822.

• Email This
• Print
• Comments
• Trackbacks

Florida is getting tough on people charged with DUI. Governor Charlie Christ signed Florida  House Bill 359, an act that raises the amount of financial responsibility required for persons guilty of DUI. This bill was supported by the Florida Justice Association (FJA) and Mothers Against Drunk Driving (MADD) in an effort to improve public safety legislation.

The House Bill 359, a bi-partisan effort sponsored by Senator Dennis Jones (R-Seminole) and Representative Rick Kriseman (D-St. Petersburg), requires those with a history of driving under the influence to carry bodily injury (BI) coverage in the amount of $100,000/$300,000/$50,000 ($100,000 per person, $300,000 per incident and $50,000 in property damage).

According to NHTSA, The National Highway Traffic Safety Administration, drunk driving accident related deaths nationwide were 25,052, out of 59,104 involved in fatal crashes, this represents 42 percent of the total for 2005. In Florida, the total was 3,543 traffic fatalities.

Celebrity DUI arrests and charges have been all over the news of late. A few known celebrities in the news regarding DUI include: Lindsay Lohan (car chase), Nicole Richie (driving the wrong way),  Al Gore III (pills and speeding) Shemar Moore, formerly of the Young Restless.  Thankfully these celebrities did not kill anyone while driving(some allegedly) driving under the influence. They just managed to shatter their stellar reputations and set a bad example for the people that look up to them. Such a bad example for society. Drinking driving is a serious issue, it would be nice to see these stars use their celebrity and fame to promote how important it is "not to drink and drive" while intoxicated. Hopefully they will learn from their mistakes and try to turn it into a positve.

Our very own Esther Uria LaBovick   understands the prosecution of DUI criminals and the impact they make on society. While she was an Assistant State Attorney, working under Janet Reno, she was in a special program that prosecuted DUI drivers.  She heard countless testimonies of people trying to justify why they should not be charged or sent to jail. Unfortunately, she also had to see the other side of the lives that were shattered  because of the deaths that the drunk drivers caused.

Word to the wise: Drink and Drive Responsibly in Florida, or you will pay for it in addition to serving time. Spread the word: Do not drive while intoxicated. This message will help save lives.

The LaBovick Injury Law Blog is presented as a service of the Private Law Firm, LaBovick & LaBovick, P.A., Civil Justice Prosecutors. 

• Email This
• Print
• Comments
• Trackbacks

On Oct. 1, Florida's no-fault car insurance law, around since 1971, and its requirement for Personal Injury Protection (PIP) will likely expire. The June special session, ended without a resolution. Although many proponents have called for an extension of the law, as of this moment in time, it  has not happened.

Both sides have valid arguments in the PIP debate. Our legislators have a tough decision on their hands. According to Hospital lobbyists, the end of the PIP requirement would mean a $350 million loss to hospitals in un-reimbursed medical care. On the Insurance side, Insurance lobbyists claim  that the end of PIP, would only cut a hospitals' profits. Another argument against keeping PIP is  massive amounts of fraud would be eliminated such as fraud rings involving scam artists.

What  will be the fate of the Florida PIP? Only time will tell if Governor Crist and the Florida legislators can save PIP before the clock strikes on October 1.

Click Here to read more on the Florida PIP story from Tallahassee.com

The Law Firm, LaBovick & LaBovick, Civil Justice Prosecutors, is a Plaintiff’s firm. The firm focuses on fighting for Plaintiff’s personal injury victim’s rights in Florida and on qui tam (whistleblower claims) nationwide.  We handle all serious injuries, car accidents, maritime accidents, wrongful death, slip & fall, toxic torts and product liability cases. We have locations in Boynton Beach, West Palm Beach, Jupiter and Port St. Lucie, Florida. Visit our firm website at www.labovick.com for more injury information.

• Email This
• Print
• Comments
• Trackbacks

The question of whether the Florida "No Fault" Personal Injury Protection (PIP) should continue remains to be answered. State legislators have yet to reach a consensus on whether to to keep this law on the books, therefore, the no-fault law is set to expire on Oct. 1, 2007.

Presently, drivers carry at least $10,000 worth of PIP, personal injury protection. It is a requirement that has been around since the eary 1970's, and started as no-fault insurance, with the best of intentions, according to a recent editorial in the Palm Beach Post.  When injuries from a collision are minor, rather than clog the courts with small lawsuits to determine fault, the state created "no-fault" insurance. Insurers, not the courts, would settle the claims.

Although the insurance companies were happy to see the "no-fault" law go away, these sentiments were not shared by everyone in the community.

According to an article in the Miami Herald, Florida Hospital Association members bombarded legislators with more than 100,000 e-mails trying to persuade them to extend the no-fault law and the PIP requirement for at least another year. ''Some hospitals may have to reconsider whether they can continue to operate their trauma centers, and that would be a tragic loss for the people of Florida,'' said Wayne NeSmith, president of Florida Hospital Association.  

lick  here to read more on the "No Fault" Insurance from the Palm Beach Post

Click here to read more on the "No Fault" Law from the Miami Herald.

• Email This
• Print
• Comments
• Trackbacks