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

Yesterday Mark Hanson and I met with a group of clam farmers in the Florida Panhandle. Their entire life is clamming. They live right on the Sopchoppy river, about an hour south of Tallahassee. It is a beautiful part of the world. A cousin of the Ochlockonee river, the Sopchoppy river flows through their back yard. They are a few minutes from the Gulf of Mexico where they have a 10 year lease from the State of Florida on a small amount of riparian land to “farm” clams.

 When you’re on the shore looking out you at the Gulf can see the marking sticks setting out the parameters of their clam garden. Those PVC sticks look like they are white floating reed setting out the area where millions of clams are being raised in protected grow bags. Right now the water is beautiful. It looks clean and fresh. The State of Florida environmental testers check the water daily to make sure there is no toxic oil in the area. Yesterday we had an opportunity to pull more clams from the ocean. Tomorrow we may not be so lucky.

Everyone we met in Sopchoppy, Florida has a job related to fishing, clamming or oyster farming. The Gulf of Mexico is their life. There are shrimpers and line fisherman and divers and all sorts of other people. We met people in the tourist industry and people who own recreational water sports businesses. For each, the sea is their entire way of life.

Every one of them is scared to death. There is a black cloud of oil approaching. It is hundreds of miles wide and thousands of miles long. There is nothing anyone can do to stop it. When it makes its way to land it will destroy everything it touches. It will destroy their oyster farms. It will destroy their clams. It will destroy the fishing. It is already devastating the coast just a few miles west of where we were.

Mark and I went out on the pontoon boat with our clam farming clients. Their goal is to pull out as many ripe clams as possible before the oil shuts down their entire way of life. Watching these hard working people talk about effect the oil will have on their way of life makes me shutter in fear for them. I imagine camps of countless unemployed fisherman, clam and oyster farmers, fisheries, shippers and wholesalers. Where are they going to go? What are they going to do?

Is BP going to pay for all of these people to be retrained? Is BP going to make these people whole? We are going to fight for these clam farmers. We are going to fight for the fisheries. We are going to fight for everyone who is hurt by this oil disaster. I know in my heart we will win. But after seeing the fear in my client’s eyes, I know this disaster will have a deep long lasting personal effect on them. No matter what BP ever does they will never make up to them the harm and hurt and fear and devastation they caused to our property and more importantly, our people.

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It is finally here: The Florida Seat belt law officially named the Dori Slosberg and Katie Marchetti Safety Belt Law is now in effect. Drivers in the state of Florida can be pulled over for not wearing a seat  belt and ticketed. In Palm Beach County, the ticket will cost drivers $101.00 for not wearing a seat belt.  Buckle up or be prepared to pay the fine.

As we mentioned previously on the Injury Law Blog, this law was named after two young teens tragically killed in a car accident that were not wearing seatbelts. It is believed that they would not have died, if they were wearing seatbelts when the accident occurred. Traffic Safety Champion, and former state representative, Irv Slosberg, said in a recent interview  "This new law is a major victory on the roads".

Capt. Patrick Kenny, of the traffic division in the Palm beach County Sheriff's Office, is in favor of the new law. According to a recent interview on the new Florida Seat belt law, with the Palm Beach Post, he stated the following:

"It's long overdue. Everybody knows that wearing seat belts, they do save lives. Making it the primary reason for a traffic stop gives us the ability to write more citations and make people aware that they need to wear a seat belt."
 

Data from NHTSA on Crash Safety Facts, shows that Florida ranked three in the nation, in 2007 with 3,214 deaths due to car accidents. Texas came in at number two with 3363 car accident related deaths and California came in at number one with 3974 car accident related deaths. 

Let's hope the passage of this new Florida seat belt law will help cut the numbers of unnecessary car accident deaths down in Florida.  It will be interesting to compare our numbers from this year after the seatbelt law goes into place with next year's data. Time will tell if the traffic deaths will continue in a downward direction.

 Important facts regarding Florida's seat belt laws: 

* At all times, passengers in the front seat must wear a seatbelt.

* At all times, any and all rear passenger under the age of 18 must wear a seatbelt.

* At all times, children ages 3 years and younger must be secured in a child restraint seat that is federally approved.

* At all times, children ages 4-5 years must be secured either by a seatbelt or a federally approved child restraint seat.  It is important to note that this can include the use of a booster seat in conjunction with the vehicle seatbelt.

* Drivers of vehicles are responsible for ensuring that children in the vehicle are properly buckled into their seats or using the required restraint devices, there are no exceptions.

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The end of school signals the beginning of summer and the time of the year when many young, inexperienced teenaged drivers will be on the roadways. Whether these minor drivers are heading to their part-time jobs or out for a day of fun in the sun, the number of teen drivers on the roads during the summer months increases significantly. Because of their inexperience and risky behaviors behind the wheel, teen drivers are often the victims of devastating car crashes. Even though teen drivers only represent approximately 7 percent of the driving population, teen drivers account for approximately 14 percent of all traffic-related fatalities. According to the Centers for Disease Control and Prevention (CDC), motor vehicle accidents are the leading cause of death among teens in the United States.

While teenagers may be inexperienced drivers, this fact does not imply that all teens are unsafe drivers. Teenaged drivers simply need to be more aware of their surroundings and take extra precautions while on the road. Teen drivers should avoid distractions while driving, such as changing the radio, texting while driving, or having too many passengers in the car. Because many accidents involving teens occur at night, teen drivers should safeguard against accidents by paying close attention to all traffic laws, being aware of other drivers, and being free of distractions. Car crashes involving teens not only affect the teens involved in the crash but their families, employers, and society in general. According to studies conducted by the American Automobile Association (AAA), the cost of teen car crashes in 2008 was more than $34 billion for medical bills, property damage, and other related expenses.

In 2003, Florida was ranked number 4 among the 50 states with the worst teen fatal crash rate. In 2008, 4 of the 10 deadliest hotspots for teen fatalities among the 50 largest metro areas were found in Florida. The CDC reports that more than half of all teen car accidents occur on weekends (Friday, Saturday, and Sunday), and approximately half of all teen accidents occur between 3pm and midnight. However, teens do not have to become a statistic over the summer months. By using good judgment and making mature decisions, teens can safely enjoy their summer and their time behind the wheel. Teens should make sure they drive the speed limit, do not drink and drive, do not ride with someone that has been drinking, wear their seatbelt at all times, and limit the number of passengers in their vehicle. By following some simple driving rules and safety regulations, teens may save their lives as well as the lives of others.
 

Parents have a talk with your teen about driving safety. Take a look at the following list of suggested topics to include in the conversation:

Suggested Safety  Rules for Teen Drivers - provided by the NHTSA

Alcohol: Absolutely No Alcohol (No exceptions)
Seat belts: Always Buckle Up! - (In Florida, it is the law June 30th)
Cell phone/texting: No talking or texting while driving  (Set an example and use a headset)
Curfew: Have the Car in the Driveway by 10 p.m. (depending upon circumstances)
Passengers: No more than one at all times (this simple rule has saved many lives)
Graduated Drivers License: Follow your state's GDL law
Parental Responsibility: Set your house rules and consequences

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Florida Motorists, mark your calendars, on June 30, 2009, the Dori Slosberg and Katie Marchetti Safety Belt Law will go into effect in the State of Florida.Thanks to the valiant efforts of concerned citizens and organizations such as the Dori Slosberg Foundation and the Katie Marchetti Foundation, this law will finally become a reality. This law is named in memory of two Florida teens that were killed in separate traffic accidents and died as a result of not wearing their seatbelts. This new seatbelt law will have far-reaching implications for those motorists that continue to violate the law by failing to wear their seatbelts either as the driver of or as passengers in a vehicle. While many might argue that every individual should have the right to choose whether or not to buckle up on Florida’s roadways, the state feels that it is in the best interest of public safety to enforce safety rules and regulations regarding seatbelts. Hence, Florida motorists will want to be aware of the new seatbelt law and how it will affect them.

While the percentage of motorists wearing seatbelts has increased over the last several years, Florida’s percentage of those that adhere to seatbelt laws is still below the national average. The National Highway Traffic Safety Administration reports that the national percentage of seatbelt use in 2008 was 83 percent. In Florida, the percentage of seatbelt use in 2008 was just under 82 percent. Even though Florida’s seatbelt use percentage is close to the national average, 1 in 5 drivers still do not wear their seatbelts according to the Florida Department of Transportation (DOT). Furthermore, the Florida DOT states that 3 out of 5 motor vehicle fatalities are the result of a failure to buckle up.

Florida joins 28 other states plus the District of Columbia with the passage of th new primary seatbelt law that will allow Florida law enforcement officers to pull over and ticket motorists for simply not wearing their seatbelts. No other type of violation will be necessary under the new seatbelt law for Florida law enforcement officers to make a traffic stop. When the driver or any passengers in the vehicle are not wearing their seatbelts, a Florida law enforcement officer will have a legal right to pull over the car and ticket those not wearing their seatbelts. The state fine for a seatbelt violation will be $30, and each county may impose additional fines and court fees as well.

According to Florida Governor Charlie Crist, "The most important function of government is to protect." With that said, Governor Crist signed into law the Dori Slosberg and Katie Marchetti Safety Belt Law. The Florida Highway Patrol predicts that at least 124 individuals will be saved each year as a result of the state’s new seatbelt law. It is important for drivers and their passengers to be aware of these changes to the state’s seatbelt laws, and drivers should ensure that they and their passengers are buckled up before hitting the Florida roadways beginning June 30.

Check out  the Governor's Highway Safety Association website to learn more about the various state seatbelt safety laws.
 

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Recently, we received the following question from a reader of our Whistleblower Law Blog in response to a post on Shedding the Light on Attorney Contingency Fees. 

“What limit do you suggest on contingency fees - versus none? Unfortunately, except in certain prof liab and other law, we are hearing of contingencies of up to 65% and 70% in certain jurisdictions.”

First, I must say, this was a thoughtful question. Here is my belief on the appropriate cap on attorney fees. I am writing my response on our LaBovick Injury Law Blog, because I believe this will interest our readers. 

In Florida, contingency injury cases are capped by the Florida Bar. To exceed the cap the attorney must obtain special permission from the judge assigned to the case. It is my inherent belief that market forces do a better job lowering injury case contingency fees then a Florida Bar fee cap. (I must add that I am a Republican.) There are a huge number of personal injury lawyers in every community in the country. Under typical market circumstances, the sheer number of attorneys competing for injury cases would drive fees down. The Florida Bar instituting a fee cap effectively created an informal "State Assigned" minimum fee. This is a good marketing trick for injury lawyers because the consumer believes the Florida Bar has regulated the minimum fee for injury cases. There are so few lawyers who advertise lower contingency fees then the Florida Bar contract that they are irrelevant. However, both attorneys and consumers perceive lower fees from the small number of practitioners as low quality legal work. In reality the Florida Bar, fee cap has created a situation where the cap is actually a minimum fee and some attorneys actually go to court and ask the Judge for permission to charge more, not less. 

If there was no Florida Bar fee the market would, over time, take effect. Better lawyers would charge more and less qualified or less experienced or "mill" business models would charge less. The consumer could investigate and choose the attorney they wanted. The consumer's investigation into fees vs. reputation would create competition between attorneys, even those with good reputations, and would force them to charged less to compete in the market. That was the long answer to your question: I do not believe there should be any "cap" on fees because it creates an artificially high fee for the consumer.

Brian

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Recently, we received the following question from a reader of our Whistleblower Law Blog in response to a post on Shedding the Light on Attorney Contingency Fees. 

“What limit do you suggest on contingency fees - versus none? Unfortunately, except in certain prof liab and other law, we are hearing of contingencies of up to 65% and 70% in certain jurisdictions.”

First, I must say, this was a thoughtful question. Here is my belief on the appropriate cap on attorney fees. I am writing my response on our LaBovick Injury Law Blog, because I believe this will interest our readers. 

In Florida, contingency injury cases are capped by the Florida Bar. To exceed the cap the attorney must obtain special permission from the judge assigned to the case. It is my inherent belief that market forces do a better job lowering injury case contingency fees then a Florida Bar fee cap. (I must add that I am a Republican.) There are a huge number of personal injury lawyers in every community in the country. Under typical market circumstances, the sheer number of attorneys competing for injury cases would drive fees down. The Florida Bar instituting a fee cap effectively created an informal "State Assigned" minimum fee. This is a good marketing trick for injury lawyers because the consumer believes the Florida Bar has regulated the minimum fee for injury cases. There are so few lawyers who advertise lower contingency fees then the Florida Bar contract that they are irrelevant. However, both attorneys and consumers perceive lower fees from the small number of practitioners as low quality legal work. In reality the Florida Bar, fee cap has created a situation where the cap is actually a minimum fee and some attorneys actually go to court and ask the Judge for permission to charge more, not less. 

If there was no Florida Bar fee the market would, over time, take effect. Better lawyers would charge more and less qualified or less experienced or "mill" business models would charge less. The consumer could investigate and choose the attorney they wanted. The consumer's investigation into fees vs. reputation would create competition between attorneys, even those with good reputations, and would force them to charged less to compete in the market. That was the long answer to your question: I do not believe there should be any "cap" on fees because it creates an artificially high fee for the consumer.

Brian

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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

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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

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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.

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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

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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.

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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.

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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.

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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. 

 

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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.

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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.

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