“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

“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

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

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.

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

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

Read more on this story from the Insurance Journal.

 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.

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. 

 

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.

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.