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

A common topic that we are asked to explain to clients in our Florida law office is the Florida Law on PIP. There are several misconceptions out there on what PIP covers. This blog  post  will go over the ABC's of Florida Personal Injury Protection Insurance. 

PIP is a guaranteed health insurance policy for a person who is injured in an automobile accident. When a person is injured in an automobile accident if they do not have regular health insurance, but they have PIP insurance, they are guaranteed $10,000 of  health insurance less what ever deductible they have chosen. In other words, the person injured is guaranteed $10,000 worth of health benefits. If they have a $1,000 deductible for example, the first $1,000 of medical bills is their responsibility.

PIP pays 80% of your reasonable and necessary medical bills. The PIP law just changed, so there are Medicare fee schedules that PIP pays 80% of those schedules. For example, if there is a charge for $100, Medicare's fee schedule would be $80. Eighty percent of the first bill would get applied to the deductible. When the deductible is met, PIP then pays 80% of those next  bills, up to $10,000.  One of the benefits  of PIP is that it gives the injured person in an accident, $10,000 of  insurance for their medical bills. It is also the law in Florida as the minimum requirement to operate a vehicle. In the State of Florida, you must have PIP and Property damage insurance.

Is it always the $10,000 limit?
Yes. I have seen on occasion, extended PIP, but those would be associated with out of state policies. I have not seen extended PIP on a Florida policy.

What is the deductible for PIP?
You can manipulate your deductible, meaning you have options too choose from, which includes:  no deductible, $500 deductible or $1,000 deductible.

Continue Reading...

• Email This
• Print
• Comments (1)
• Trackbacks

Happy Fourth of July!

On Independence Day we reflect and remember the people who paved the way for Americans to have the right to life, liberty and the pursuit of happiness. Let's not forget about the sacrifices that were made for our gift of freedom.

Remember that freedom is a delicate balance. Throughout history, societies have given up their freedom to dictators. Our right to free speech, to assemble and most importantly to vote, is the guarantor of that freedom. Exercise your rights and remember to vote. Don't limit your vote to the presidential election. Vote in all the primary elections. Your community and your country deserve your participation. I have provided a link to several Florida Voters Registration Sites and Florida Supervisor of Elections websites at the end of this blog post.

As you celebrate today, we encourage you to be safe. According to reports, there were nearly, 10,000 injuries in 2007 related to fireworks. In Florida, reports claim 137 fires were started due to fireworks. Injuries and fires that are caused from using fireworks can be prevented, if people are cautious and pay attention to what they are doing. As a parent of three young children, I was surprised to learn that Sparklers have caused more injuries to children under age five than any other type of fireworks. The Consumer Product Safety Commission states that  Sparklers burn at temperatures hot enough to melt some metals. If you are a parent or happen to see children handling Sparklers, make sure they are over the age of 12 and are doing so with Adult Supervision.

If you are purchasing fireworks, be sure that you are buying consumer fireworks from a licensed store or stand. The Consumer Product Safety Commission has safety warnings on legal fireworks packaging. Look for the CPSC label and read the warnings.

Continue Reading...

• Email This
• Print
• Comments
• Trackbacks

Preemption is a huge issue for the average American and I wonder if the public is paying attention. Last week as reported in the LaBovick Injury Law Blog, Congress had a hearing to discuss the issue of preemption. On all accounts, it appears to have been a success. One of the key speakers, Actor Dennis Quaid, discussed his experience with the drug Heparin, which almost killed his twin newborns. His testimony was so moving that even a total tort reformer, like Rep. Tom Davis, was moved to state that if "this had been my kids, I'd be suing everyone in sight. This should not happen."

The public does not seem to get the fact that this is a HUGE separation of powers issue. The right to sue is part of our JUDICIAL system. It is the way America, as a society, permits the common man to address problems he may have with other people including corporations and even our government. The Judicial system replaced the rule of Hammurabi, which was an eye for an eye. We also have a Legislative Branch, which makes the rules, and an Administrative Branch that applies the rules and keeps order (police, fire, army, road crews, etc). We can not allow the Administrative Branch to take away our right to access to the judicial branch. It messes up the balance of our government and our entire social makeup! Do you know how deeply this harms our system of government? I know it feels innocent and easy on the surface, however the implications of a dictatorship rule is scary!

Click here to read the testimony of key witnesses and Chairman Waxman's Opening Statement addressing the legal liability of manufacturers that produce dangerous drugs and medical devices before the Committee on Government Oversight and Reform.

• Email This
• Print
• Comments
• Trackbacks

Are Carnival rides safe?  This is the question that is being asked by many people in charge of investigating the most recent Carnival ride accident that occurred in California on May 16th. Unfortunately it involves the Yo-Yo carnival ride, that collapsed shortly after 6 p.m. on May 16th about 80 miles southeast of Sacramento, at the Calaveras County Fair and Jumping Frog Jubilee. According to reports on Ride Accidents.com appx.  24 people  were injured and taken to local hospitals.  The carnival portion of the Calaveras County Fair and Jumping Frog Jubilee closed for the evening, but the other parts of the fair grounds remained opened. KCRA News from Sacramento reported live shortly after the accident happed.

According to a quote from the owner of the Carnival Yo-Yo Ride, Mr. Harry Mason of Brass Ring Amusements/Midway of Fun,  in a San Francisco Chronicle article, it was not yet clear what caused the steel arms of the popular Yo-Yo ride to collapse.

How can innocent thrill seekers protect themselves while enjoying amusement park fun? The non profit organization,Safer Parks has put together a top 10 list  of safety tips for parents and patrons of carnivals and themeparks:

Top 10 Safety Tips for parents

1. Be a cautious consumer when choosing amusement rides.
2. Watch the ride with your child before boarding.
3. Always obey minimum height, age, weight, and health restrictions.
4. Don't put children on rides they're afraid of.
5. Follow any special instructions about seating order or loading.
6. Always use the safety equipment provided, but be aware of its limitations.
7. Watch all extremities - including feet if the ride has open sides.
8. Teach small children what to do if they get separated from you.
9. Trust your gut - don't abdicate your parental responsibility or judgment to any business.
10. Remember that amusement rides aren't really magic.

The Consumer Product Safety Commission has a detailed report on Amusement related injuries. Click here to read the CPSC report on Amusement related injury updates for 2005.

Warning: Use caution and care when riding on Carnival and themepark rides. This is the best way to prevent injuries apart from not riding all together.

 

• Email This
• Print
• Comments
• Trackbacks

Consumers beware... Your right to hold a company liable for injuries caused by products may be at risk if the Bush Administration is successful in using federal regulation to address this issue.

Limits on lawsuits have been ordered or proposed for drug labeling and packaging — one major issue that received widespread media attention was a case involving actor Dennis Quaid's newborn twins, other issues being discussed include mattress flammability standards, school bus seating requirements, dietary sweeteners and roof-crush requirements in car rollovers.

There are 51 regulations being considered, of which, Food and Drug Administration and the National Highway Traffic Safety Administration, or NHTSA were involved with 41 of the regulations.

Federal preemption is Washington's method to make lawsuit reform and unfortunately, the public is not aware of this bureaucratic loophole. Federal preemption is a method for federal law and regulation to trump state law. Why should the public be concerned? The rules of the game are different in federal court than state court. This is a major reason that corporations prefer the more restrictive federal courts to state courts when fighting liability and personal injury lawsuits against consumers.


Click here to read more from an AP story that ran on the Washington Post.com

• Email This
• Print
• Comments
• Trackbacks

A personal injury claim for a 2003 accident that left an ecologist with permanent brain injuries after a head on car accident, just resulted in a $5.3 million in a bad faith verdict against Fireman's Fund Insurance Company.

It is hard to believe that after being presented the facts of the brain injured 32-year old accident victim, the medical bills, video of the client having a seizure, a large insurance carrier with such  resources stalled in paying the Plaintiff's Under insured Motorist policy of $1.5 million for several years or her medical payments policy. Since the person at fault in the accident only had minimal coverage, the Plaintiff made a claim on her  personal Under insured Motorist Policy. (Side Note: Remember to check your personal insurance coverage for policy limits on Under insured and Uninsured Motorist coverage).

Samantha Chilcote's five-day trial, the unanimous bad faith verdict of $5.3 million awarded by the jury, sends a strong message to insurance Carriers and Insurance Adjusters about denying an injured accident victim's Under insured and Uninsured Motorist insurance claims. Although, we understand that there is a chance for the verdict to be modified by the Judge, the verdict still sends a strong message. 

Please take note that all insurance carriers do not are not like this when it comes to paying Under insured and Uninsured Motorist insurance claims. You can verify this with your personal Insurance Agent.

This case makes me wonder about Bad Faith verdicts for Personal Injury Claims in Florida. I will report my findings in future blog posts... A few immediately come to mind.. Stay tuned for a more comprehensive list of Bad Faith verdicts in Florida Personal Injury cases. 

To read more on this $5.3 Million Bad Faith Verdict against Fireman's Fund Insurance Company, click here to read TRISTAN SCOTT's  Missoulian article .

• Email This
• Print
• Comments
• Trackbacks

Yesterday we learned a hard lesson. We learned that juries are apt to disbelieve a Plaintiff. If there is any disjunction or conflict in the medical records the Plaintiff will not be given any benefit of the doubt. You must be a perfect Plaintiff because any thing the defense finds can and will be used to call you a liar and discredit your case. 

Let me explain: Recently we finished a 3-day trial. Our client was a middle-aged woman who sat in her car, stopped at a red light. The defendant, not paying attention, drove their small sporty car into the tailpipe of our client's mid-sized SUV. The damage totaled the defendant's car. The Plaintiff's SUV had almost no visible damages. (Let’s call that Strike One) The Plaintiff thought that she could handle the case alone and did not hire an attorney for some time after the accident. In that time she went to her own doctors and filled out her own medical information.

Our client proceeded to go back to her chiropractor because of the pain she had in her lower back. Prior to the accident, our client had a history of back pain but she was pain free for a year before the accident. Now, she was back in the chiropractor's office. The pain because so bad he referred her to a neurologist and then onto a neurosurgeon. The neurosurgeon said only surgery would help. Our client underwenta level one fusion of her spinal vertebrae. Unfortunately, in all the medical intake forms the client put down that she had no prior back problems (Let's call that Strike 2).

The client was not sales person. She was not able to articulate her pain to the jury. She was simply unable or unwilling to expound on her experience, to help the jury understand her pain. (Let's call that Strike 3).

Continue Reading...

• Email This
• Print
• Comments
• Trackbacks

The Allstate Corporation, one of the the nation's largest publicly held insurance companies, recently released approximately 150,000 pages of documents pertaining its review claim practices from the 1990s. Although, some media have regarded the documents as coming up short, according to a recent Times Picayune article.

On the opposite side of  the argument, the release of the documents by Allstate can be viewed as  Allstate's way of showing that they have nothing to hide. Undoubtedly, the Mckinsey documents issue will not go away for awhile, in light of the looming release of the new tell all book for the public by New Mexico attorney David Berardinelli, called "From Good Hands to Boxing Gloves: The Dark Side of Insurance."

An Allstate spokesperson, Rich Halberg, downplays the significance of the documents in a recent  Allstate press release, "When aired in the unbiased setting of a court of law, allegations about the documents have been shown to be without merit. Most recently, some of the documents were seen and explained in context to a jury during a two-week trial in Kentucky (Hager v. Allstate)."

The Hager v. Allstate case involved a rear-end automobile accident case that occurred in 1997. The Plaintiff, a 60 year old accident victim, sued Allstate for not paying claims related to the personal injury in the car accident and for allegedly violating Kentucky's Unfair Claims Settlement Practices Act. The outcome of the two week trial was for the Defendant, Allstate. According to several published reports, the jury came back with this verdict after deliberating for a short while. One can only wonder if the Jury took the Plaintiff seriously for asking for $1.425 Billion for what is typically referred to as a soft tissue injury.

Click here to view the extensive site of the Allstate "Claim Review" documents.  The site shares comprehensive information on Casualty Review, Homeowners Review, Auto Physical Damage Review and Field work Information.

We encourage the public to read the documents and let us know your opinion of the documents.

• Email This
• Print
• Comments (1)
• Trackbacks (1)

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

ATV (All terrain Vehicles) are coming under fire for tougher safety and product liability laws from parents of a personal injury victim that died in  ATV related crash.

Ashley Phelps' life was cut short last year when the all-terrain vehicle she was a passenger on struck some mailboxes and rolled over. The driver, Gregory Hebert, then allegedly drove away, leaving the injured 21-year-old behind. Head injuries sustained as a result of the ATV crash caused Ashley's death.

According to the most recent CPSC Annual Report of ATV deaths and injuries for 2006, that was released in February 2008, there have been over 8100 deaths related to ATV crashes or ATV fatalities.  The state of Pennsylvania leads the nation in ATV fatalities with 420 total deaths from 1982 - 2006. The State California  comes in second with 418 ATV fatalities from the same period. In the state of Florida, there were 349 deaths as of result of ATV accidents.

Click here to read more from the AP and the Insurance Journal and Click here to read more from the Consumer Product Safety Commission on ATV Accidents, death and injuries.

• Email This
• Print
• Comments
• Trackbacks

Plaintiff's and Personal Injury lawsuits are coming under attack by the very controversial "Fake Bad Scale" Test.  The test is supposed to tell if someone is faking an illness, psychological symptoms and other injuries in personal injury claims and is mostly used by the defense to help battle plaintiff's personal injury claims.

According to a recent WSJ article:

The Focus: Helps spot litigants who may be feigning their injuries. 

Credibility: Use of test has grown since the test became part  of  Minnesota Multiphasic Personality Inventory. 

Controversy: Protests from some psychologists and plaintiffs' lawyers feel that the test identifies several real victims as possible fakers. Proponents of the test see the true-or-false test as valid to identify people faking pain, psychological symptoms or other ills to collect a payout.

The story generated a lot of interest around the web. Several bloggers picked up on it such as Law Dragon's Marc Lacter, SaundersBlog , Toxlaw.com, Law Beat Comments from Syracuse University's Carnegie Legal Reporting Program and the WSJ's Legal Blogger Dan Slater  
Dan Slater's post had the most interesting comments. Surprisingly for both sides of the argument.  

Kudo's to the WSJ to include such a controversial topic on page A1.  Hats off to the Murdoch owned newspaper for putting this topic front and center.  I wonder how many news outlets picked up on this test,  I am sure that this topic will be covered this weekend in news segments. 

Stay tuned... I will share any interesting news clips that dig more into the Fake Bad Scale Test.

Click here to read more from the WSJ on this test. (Note: Subscription required),

• Email This
• Print
• Comments
• Trackbacks

One of our favorite Bloggers, Blawgletter wrote a post about Tort Reform and the rights of trial by jury. Although his post is re: a securities fraud case against University of Phoenix, it also rings true that jury trials are important for personal injury cases. Without them, who would be held accountable? Ted Frank at Points of Law.com, chimed into the jury trial discussion by adding "trials remain a risky business for both plaintiffs and defendants", in a recent post. 

Pointsoflaw.com, provided an excellent summation of the Vioxx litigation in their  vioxx roundup yesterday. They cited several cases pending trials and gave updates on Merck. All eyes are on Merck. Let's see if their proposed vioxx settlement of $4.85 billion will make the jury trials go away. In a newswire release, Merck indicated that there are 50,000 Vioxx claimants. 

Only time will tell how this saga will end. Stay tuned...

• Email This
• Print
• Comments (1)
• Trackbacks

This week, I came across a few interesting articles and blogs that cover personal injury. The first one is the article "Friend when we need one" from the Arizona Republic by E.J. Montini. He discusses how the public often perceives Personal Injury Lawyers as "ambulance chasers". The Journalist and fellow blogger (montiniblog.azcentral.com) speaks candidly about how the mere mention of a personal injury lawyer representing a family in a tragic highway case, resulted in a barrage of name calling and insults from the public. He goes on to give examples of how many do not appreciate the value of a personal injury attorney, until they need one. Kudo's to E.J. Montini for representing the positive side of a plaintiff's lawyer. Of course there are a few bad apples that give trial lawyers a bad name, however, most Injury Attorneys are passionate about getting the best value and compensation their clients deserve, based on the nature of the injury. 

Michael A. Ferrara, Jr., a Cherry Hill, New Jersey Personal Injury Lawyer, shares some startling facts about OTC Cold Medicines and the dangerous for Kids in his Injuryboard Blog Post. Recent reports from the CDC and Prevention, show that there were over 1,500 babies and toddlers  taken to to emergency rooms over a two-year period because of the OTC cold medicine. The FDA'  "strongly recommends " that OTC cough and cold medicines not be used for infants and children younger than 2, according to Dr. Charles Ganley, director of the FDA's Office of Nonprescription Products. An article on CNN.com shares an alarming statement from the FDA stating  that many parents have not gotten the message about the severity of the issue, despite the media attention on the subject in Fall 2007. Check out the compelling newsworthy CNN.com video on "not giving OTC cough medicine to children under the age of two. We encourage you to share this link with parents that have small children. This is a message that all parents with small children need to hear. The ever so popular Dr. Sanjay Gupta gives a succinct update on the FDA announcement. I can't fail to mention that Vick's Nyquil had a sponsored ad right next to the Child Cold Medicine warning. Talk about product placement, I could not help but wonder if more people felt the same way that I felt that the Nyquil  being next to this story was not in good taste. I have nothing against the product, in fact I have this product in my medicine cabinet at home.

Continue Reading...

• Email This
• Print
• Comments
• Trackbacks

Florida's Highway Safety and Motor Vehicles department issued a release yesterday regarding the mandatory PIP coverage effective January 1, 2008. In a prior post on the LaBovick Injury Law Blog, we reminded readers of this approaching deadline.

In yesterday's release isued by Florida's Highway Safety and Motor Vehicle department, the following paragraph caught my eye: "Law enforcement, including the Florida Highway Patrol, will be checking proof of insurance roadside and could issue a citation for failing to carry the proper insurance. We are encouraging all motorists to make sure their vehicle is properly insured. If you have questions please contact your insurance carrier/agent to make sure you have the required Personal Injury Protection coverage." 

This is a strong warning that the department is taking this new law seriously.  Please do not get caught without this mandatory PIP Insurance.  If you do not have PIP effective January 1, 2008, your  insurance carrier will cancel your policy and inform the Department of Highway Safety and Motor Vehicles, who will then suspend your driver’s license and registration. This could be an expensive endeavor to get your license reinstated, fees range from $150 up to $500.

We encourage you to be proactive and make the call to your insurance Agent today to make sure that you are carrying the mandatory PIP coverage January 1, 2008. It can save you money and headaches in the future. I called my Insurance Agent today just to be on the safe side. They reminded me that I took care of this already and not to worry.  I told them, I wanted to make sure one last time, you can never be too sure, with something so important.

To read more from the Florida Department of Highway Safety and Motor Vehicles, click Here. 

• Email This
• Print
• Comments
• Trackbacks

The Ohio Supreme Court gave their ruling yesterday in the  Arbino vs. Johnson & Johnson, Slip Opinion 2007 -Ohio 6948.  The ruling was 6-2  upholding a 2004 law approved by the legislature that caps jury awards for non-economic (pain and suffering, mental anguish, etc.) to $350,000 unless there is a loss of limb or organ. The court found the law to be constitutional and does not violate consumer rights, right to jury, or separation of powers.  The case before the court was brought by Melissa Arbino for a product-liability suit against  Johnson & Johnson for side effects from using the Ortho Evra Birth Control Patch. Surprisingly,  the patch is still on the market, but with warnings about the serious side effects.

John Michael Spinelli, gives a brilliant outline of both sides of the arguments, in his post on Daily Kos entitled "Ohio Supreme’ Ruling Good for Bad Bills, Bad for Good Juries". One point that he drives home in the post is that the ruling came from an all-Republican Supreme Court. One could gather from his clever intro "the best Republican Supreme Court money can buy" that he has strong feelings on this subject.

Chief Justice Moyer, writing for the majority opinion, states "The decision in this case affirms the General Assembly’s efforts over the last several decades to enact meaningful tort reforms. It also places Ohio firmly with the growing number of states that have found such reforms to be constitutional. However, the issue remains a contentious one across the nation, with several states finding such statutes unconstitutional."

Justice Paul Pfeifer, writing for the dissenting opinion states "Instead of jealously safeguarding the right to trial by jury, the majority opinion in this case eviscerates it by holding constitutional a statute that enables courts to ‘enter judgments in disregard of the jury’s verdict.’ Instead of jealously safeguarding the right to trial by jury, the majority opinion employs shallow reasoning and shoddy logic in concluding that juries can meaningfully determine only facts that do not conflict with predetermined assessments of the General Assembly. Instead of jealously safeguarding the right to trial by jury, the majority opinion "cleans the scalpel for the legislature to cut away unrestrainedly at the whole field of tort redress."

This case sends a resounding message to the legal community that the issue of tort reform will continue to be hotly debated.  The Ohio Supreme Court ruling will no doubt add fuel to the tort reform discussion.  Those in favor of tort reform, just received a check mark in their column with this decision.  One can only hope that this does not give corporations a false sense of security in future product liability cases.

Johnson & Johnson stock is trading at $67.43, yesterday, the day of the Ohio Supreme Court ruling,  it closed at $67.33.

To read more on this story, check out the following articles: Daily KOS, The Toledo Blade, Ohio State Supreme Court Slip Opinion No2007 -Ohio 6948

• Email This
• Print
• Comments
• Trackbacks

PIP Reminder to All Florida Drivers:

Effective January 1, 2008 - Florida law requires drivers to carry personal injury protection insurance.

You will be receiving a mandatory PIP reminder from your insurance company reminding you of this change.  A word of caution, don't get caught without PIP coverage.  Call your local insurance person and reinstate this mandatory coverage, so you will not forget.

The Florida Insurance Council wants you to know the following about PIP insurance coverage:

• Beginning on Jan. 1, 2008, Florida law requires drivers to maintain PIP insurance coverage which pays covered medical expenses for injuries sustained in a motor vehicle crash by the policyholder, passengers, and relatives residing in the policyholder's household.

•If a policyholder fails to maintain PIP coverage, the State of Florida may suspend the policyholder's driver's license and vehicle registration.

•If a policyholder already has personal injury protection coverage, the coverage will be amended effective Jan. 1, to incorporate legally required changes without any additional premium and that the policyholder need take no further action.

For more information on the Florida PIP Insurance coverage see The Insurance Journal and the Florida Insurance Council White Paper "The Return of Automobile Personal Injury Protection." . (Site Registration required) 

Don't wait, Renew your PIP coverage today.

• Email This
• Print
• Comments
• Trackbacks

I came across an interesting article from the WallStreet Journal that was posted on MSN.com yesterday. The title was one that would raise the eyebrows of any plaintiff injury law firm  "Employers grab accident victims' cash" written by Vanessa Fuhrmans. I am no surprised that this article had a 4.58 rating among the nearly 3000 readers that read it. Personally, I felt it deserved a rating of 5, it was right on the mark.  The large insurance companies can't seem to stop trying to squeeze every little penny out of personal injury victims.  It cited the behemoth, Walmart, going after a brain damaged woman's personal injury settlement of $700,000 and demanding repayment of $470,000. What makes it outrageous is that her personal injury settlement only netted $417,000 after fees and other medical bills were paid.  This money was put in a trust to take care of her medical needs, however, the behemoth Walmart, did not care and felt they were entitled to all their money back plus legal fees.  They sued and won the case and feel no regret or guilt from taking everything from this poor personal injury victim that has no quality of life and s relegated to depend upon Medicaid and Social Security.  When will the large insurance companies stop sucking the blood from personal injury victims and finally learn to do what is right as a good corporate citizen. I wonder will we see this in our lifetime? 

Vanessa  Fuhrmans brings out startling revelations that most people do not know about their medical providers and how they can be in for a rude awakening, if they use their personal health insurance for injuries sustained in a personal injury accident, should their insurance company decide to come after them for reimbursement.  According to the article, some company health plans, reserve the right to recoup the medical expenses it paid for someone's treatment if the person also collects damages in an injury suit. This is becoming a growing trend around the country, as more employer health plan law suits are materializing.

Insurance Companies and large Corporations try to portray Trial Lawyers, especially Personal Injury lawyers as greedy individuals only after the almighty dollar. They should take a look in the mirror and and feel ashamed of themselves. After reading this article, I have a new admiration for good personal injury lawyers around the country that stand up and fight valiantly for justice for the average citizen.

Personal Injury Lawyers, stand up and take a bow for not backing down to these immoral, greedy and money hungry insurance companies and corporations that only care about large profits and finding new ways to exploit the little person.

Click here to read the WSJ Article Employers grab accident victims' cash on MSN.com

• Email This
• Print
• Comments (1)
• Trackbacks

I came across an interesting blog by the name of Tort Deform that discusses the public's access to the courts. Hats off to the Executive Editor, Kia Franklin, and team for putting together a great blog. I enjoy reading this blog, topics are always current, timely and thought provoking.  Keep up the good work....

We recently received a comment from a Tort Deform contributor, in response to our blog post "Shedding Light on Attorney Contingency Fees. Executive Editor, Kia Franklin, raises some interesting points in her Tort Deform blog post, "Civil Justice to Fee or Not to Fee".

I really appreciate that there are people in the world, other than Plaintiff attorneys, who understand what we do and the function we serve. The world has a balance to it.

This reminds me of a movie I recently saw,  The Bee Movie. In the movie Jerry Seinfeld portrays a Honey Bee who figures out that humans are using Bees to make honey for human use and that the humans are not paying the Honey Bees anything for their labor or the product (honey). With that knowledge he befriends a human woman and they sue the honey industry.

The remainder of the movie was a mélange of lawyer jokes and silliness. In the end, the Seinfeld character wins his lawsuit against the honey industry and all bees around the world are free to stop working. That, of course, sends the world into a tailspin. Without bees we have no pollination, and without pollination we have no flowers. In the movie they only dealt with flowers, but the truth would be that without bees the world would significantly change. Millions of plant and animal (probably humans as well) species would disappear in the process. One of the movie's lessons is that, within a system, if you take out a step you may change or destroy the entire process because the balance is no longer in check.

Our government system is similar. We have a unique and wonderful system of checks and balances. Our founding fathers developed, through sheer brilliance, a fantastic system. The system works between the executive, judicial and legislative branches. It also works between private and public services as well as between corporate and individual rights. One major component to that system is that individuals and corporations are held accountable for the damages they cause to the social compact. Part of that social compact is that no party or person is permitted to use "self help" to right a wrong. We are not permitted to shoot our neighbor if they put a fence up on part of your property. Instead of self-help we have a finely developed court system. People trust and believe in the general fairness of our entire system. Their belief and trust in that fairness is what keeps society generally peaceful. Most people will sue each other to correct the behavior or damages one party does to the other. Most people will not take JUSTICE into their own hands and use a gun or a knife to right their own wrong.

If we take away the people's right to sue to right their wrongs then we have seriously changed our system of justice. We have taken out a critical piece in the checks and balances system of our society. The people cannot be forced to live with government oversight as their sole method of solace because when something goes wrong they need to feel empowered to do something to "fix" the situation. In our system, we need to have a method of taking action, of taking self-responsibility, to help oneself. That system calls for lawsuits and not guns. If government takes on that responsibility and doesn't do a good job (which is inevitable) then over time the public will feels greater discontent with government. This discontent, historically, has led to revolution.

Continue Reading...

• Email This
• Print
• Comments
• Trackbacks

Bexis ( co-author of drug and device law blog)

I am sorry this response took so long. (Click here to see response from Bexis).  My life just does not have enough fun things like responding to your great blog post. 

First things first: For those of you not following my intellectually astute commenter, Shay’s Rebellion was the post-revolutionary (1787 or so) clash between the farmer and merchants in the New England states.  It was the first test of our new Democratic Republic and the system passed muster with high marks.  The point of this was to note, that we cannot rely on the government to save us from corporate profiteering at human expense.  I only wish I were such an extremist.  Extremists get loads of press and people are naturally drawn to them.  But, let's put the whole anarchist thing to bed.  Nothing could be further from the truth.   I love our system of Government.  I think government serves a legitimate purpose.  I am just a natural Republican.  When possible, I believe government should be smaller rather then bigger.  I would prefer to see government not intervene when not necessary.  This is especially true of the federal government.  In a contest between the federal government and the state government on who should be passing legislation, I would prefer to leave most things in the hands of the states.  I am, however, (tell Mark Hermann I used however properly again) not an extremist.  I realize the federal government has a legitimate role and a great responsibility to protect the national public from dangerous products.  This is a typical Republican position.  It is not the anarchist position.

What I do NOT believe is that the FDA has the ability to insure that the public is safe from dangerous drugs.  I do not believe that by passing the lowest threshold of government oversight that any company should be released of their responsibility to the end user of their products.  I do not believe that the government can be trusted or expected to guarantee product safety.  This holds true for our prescription drugs, our food supply and our water.  Government is the first line of defense.  It is not the exclusive remedy when a corporation harms its customer(s).

You say that 90% of products are not sued because of a defect.  I don't believe this, but let's pretend it's true.  What about the 10% of defects that you admit cause death, dismemberment or other injuries?  What about those people?  Why should they be prohibited from suing the business that harmed them because the dangerous product was Ok’d by some minimum wage government inspector?  Why, as a taxpayer, do I have to bear the burden of the injured person's medical bills because the business that caused the injury is off the proverbial hook?  Why should I, as a taxpayer, have to bear the burden of the injured person’s unemployment compensation when they can't return to work because of this injury?  Do you think the injured person is going to feel like the American Justice System did the right thing when they are told that there is no case because the FDA or some other government agency simply failed to catch a dangerous defect?  Is it fair that the injured person will have no legal remedy against the offending company?  Of course, all of the above is patently unfair and anti-American.  We are not Russia.  We hold people and businesses accountable for the harm they do, to individuals and to society.  To create an exception for drug companies or any other business is simply wrong.

Continue Reading...

• Email This
• Print
• Comments (2)
• Trackbacks

On October 11, 2007, Governor Charlie Crist signed into law effective January 1, 2008 the new Florida No Fault Auto Insurance bill, (House Bill 13C). The original No Fault Law expired October 1, 2007. Therefore, all policyholders whose automobile policies were set to expire between between October 1, 2007 and January 1, 2008 should call their insurance agents to obtain interim coverage or they will have no coverage at all until January 1, 2008. The only mandatory coverage during this interim period is property damage liability coverage.

These individuals should also know that if they are in an accident between October 1, 2007 and January 1, 2008 and are at fault, and the other driver, passenger or pedestrian who is injured does not have their own PIP coverage, they can be sued for everything including pain, suffering, medical bills and loss of earnings.They should therefore purchase adequate bodily injury liability coverage to protect themselves.

These are the key provisions under the new law effective January 1, 2008:

1. PIP will pay 80% of all reasonable and necessary medical expenses up to the $10,000.00 policy limit. This is the same as the old law.
2. A new fee schedule for medical bills limits doctor's reimbursement to 200% of the Medicare rates and the emergency room doctors to 80% of their usual and customary charges.
3. The new law will reserve $5,000 for emergency room doctors and inpatient hospital physicians.
4. The policy will pay 60% of disability benefits, as before, for any loss of gross income and earning capacity from inability to work.
5. It will also pay 100% of reasonable replacement service such as child care, housekeeping and yard work.
6. It will also pay a death benefit of $5,000 per individual, or the remainder of unused PIP benefits, whichever is less.

Liability Lawsuits
In order to be allowed to sue for pain and suffering for injuries resulting from an automobile accident, as before, you must have either of the following:
1. Significant and permanent loss of an important bodily function.
2. Permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement.
3. Significant and permanent scarring or disfigurement.
4. Death.

• Email This
• Print
• Comments (2)
• Trackbacks

Cargill Beef issued a massive recall on November 3, 2007 for more than 1 million pounds of ground beef that is suspected to be contaminated with E. coli bacteria. This is the second voluntary recall of beef in less than a month. The earlier Cargill recall was issued October 6, 2007 for 844,812 pounds of frozen ground beef patties because they may be contaminated with E. coli O157:H7.  This recall included products that were produced on Aug. 9, 10, 15, 16 and 17, 2007, and were distributed nationwide. Each package bears the establishment number “Est. 924A” inside the USDA mark of inspection. The products include:

Products distributed at the retail and subject to recall are:

• 6-pound boxes of “American Chef's Selection Angus Beef Patties 18-1/3 Pound Patties.” Each package bears a case code of “7703100” and various package codes of Best If Used By dates of “02/05/08,” “02/06/08,” “02/12/08,” and “02/13/08.”

A few prevention and safety measures include:

1.  cooking any ground beef to an internal temperature of 160 degrees F., or until the meat is no longer pink and the juices run clear.
2.  Avoid contaminating other foods with any E. coli bacteria that may be present in meat.
3. Wash Hands, utensils and cutting boards after they touch raw meat.
4. Place cooked meat on a clean platter, not one that was used to hold raw meat.

Consumers with food safety questions also can “Ask Karen,” the FSIS virtual representative available 24 hours a day at ASKKaren.gov. The toll-free USDA Meat and Poultry Hotline 1-888-MPHotline (1-888-674-6854) is available in English and Spanish and can be reached from 10 a.m to 4 p.m. (Eastern Time) Monday through Friday. Recorded food safety messages are available 24 hours a day.

The Ecoli Lawyer at the Marler Blog, provides excellent commentary on the history of Cargill Food Recalls dating back to the early 90's. Amazing they have been having problems this long. One would think that with new technology, the company would master how to prevent E. coli outbreaks. If you look at the great historical chart, the Marler Blog gives in their post on Cargill, getting reacquainted with the Enemy, it is hard to avoid the massive growth and expansion efforts of the Cargill company. My question to Cargill is "While you were growing and acquiring new companies were you looking into best practices of preventing food-borne illnesses?"

Blogger Jane Genova includes an excellent Blog Post entitled Cargill, ConAgra et al. Need to Follow Oprah Crisis Management 101on measures Cargill should take in dealing with the PR Crisis nightmare. Oprah is my hero and role model. No one is a master PR like Oprah. Jane's list is one that all executives and PR people should keep and hold onto, in case a PR Crisis should arise on their watch.

• Acknowledge the situation is serious
• Be visible where the trouble is or could be
• Follow up sincerity with concrete action. Be a responsive human being
• Be part of the reform effort. This is not about committees or delegation. The message is: This will not happen again, at least not on our watch.
• Be totally accessible. Use technology such as personal email addresses, blogs, and live media conferences

According to the Regional Beef President, John Keating, no illnesses have been reported. Now that is what makes me wonder if the public is fully aware of the meat recalls. There have been so many recalls over the past three months. Every time you look on the news, you hear of  another recall  that many have become desensitized by them. The ten states that are included in the recall are: Connecticut, Maine, Maryland, Massachusetts, Michigan, New Jersey, New York, Ohio, Pennsylvania and Virginia.

Continue Reading...

• Email This
• Print
• Comments (1)
• Trackbacks (1)

Texting while driving is becoming trendy and dangerous.  It is not uncommon to see someone text while driving these days, especially teens. Let's not forget the Blackberry Crowd. They are equally dangerous to drivers on the road.  One New Hampshire Lawmaker  is doing something about it, Nashua's David Campbell has filed the paperwork for a bill to ban two-handed texting or typing on any electronic or telecommunications device while driving. According to Campbell in a recent Associated Press article,  "You need at least one hand to operate a motor vehicle,'' a police officer told him cell phone texting isn't the only problem. Some drivers are typing on laptop computers while behind the wheel." He seeks only to ban two-handed typing or texting.

In a recent accident involving a 17-year old, text messages were sent to and from the teen driver before the deadly crash involving a tractor trailer crash.  This is any parents nightmare. Their teen dying at the wheel, while on the phone.  Adults are not immune to texting while driving. According to Lynch Ryan  Worker's Comp Insider Blog,"You can make a case that a vehicle can be operated safely while the driver talks on a cell phone - preferably with a head piece - but no case can be made for safe driving while the operator's eyes are actually focused on the mobile device. Texting, like alcohol, does not go with driving."  I agree wholeheartedly.  The cell phone providers should do more to bring awareness to the dangers of texting while driving. According to a recent study by AAA on teen texting while driving habits, nearly 46% of teens, text while driving.  

Blogger, Anne Donnegan, hit it nail on the head, when she said, more people may have to die in DWT accidents, before legislators eventually see the light and pass a bill banning DWT.

Thankfully, lawmakers around the country are introducing legislation to curb this dangerous behavior. A few brave champions, such as Washington State, Phoenix and New Hampshire are writing legislation on Driving while texting.

What are your thoughts on texting while driving?  Should it be illegal?  What is better a fine or points on a license? The answer remains with concerned citizens. Do you want your loved one killed or injured by a driver that is texting?  If not, find out if your local city or state has a ban on DWT - Driving While Texting. If not, contact your local lawmaker and suggest this legislation. Share what other cities are doing such as: Washington,  Phoenix, and New Hampshire. Make a difference and let your voice be heard in the fight to end DWT accidents.

Click here to read more from the Insurance Journal

• Email This
• Print
• Comments (6)
• Trackbacks

South Florida residents in West Palm, Martin and St. Lucie Counties, it is that time of year again.  Tomorrow children and adults dressed up in costumes will troll neighborhoods and malls looking for fun treats.  Halloween Decorations have become as popular as Christmas. You may have seen all of the Halloween decorations in the stores two months ago, or neighbors hanging lights and putting up large inflatables in their yards.  I know it is that time of year when my local Walgreens starts filling the aisles with candy, costumes and decorations. How did retailers pull this one off? When did Halloween become so popular to rival Christmas home decorations? 

The important thing is Safety for this Halloween.   According to the CPSC, the most serious Halloween-related injuries involve burns from flammable costumes and decorations, including ignition from open flames, such as candles and Jack O’Lanterns. Other incidents have involved abrasions from sharp objects attached to masks or costumes.

The CPSC has put out a few Halloween Safety Tips for Parents and Adults. Please read them carefully and be safe.

Costumes 
Costumes, masks, beards and wigs, look for flame-resistant fabrics such as nylon or polyester, or look for the label "Flame Resistant." Flame-resistant fabrics will resist burning and should extinguish quickly. To minimize the risk of contact with candles and other fire sources, avoid costumes made with flimsy materials and outfits with big, baggy sleeves or billowing skirts.

Purchase or make costumes that are light, bright and clearly visible to motorists.

For greater visibility during dusk and darkness, decorate or trim costumes with reflective tape that will glow in the beam of a car's headlights. Bags or sacks also should be light-colored or decorated with reflective tape. Reflective tape is usually available in hardware, bicycle and sporting goods stores.

Children should carry flashlights to see and be seen.

Costumes should fit well and not drag on the ground to guard against trips and falls.

Children should wear well-fitting, sturdy shoes. Oversized high heels are not a good idea.

Tie hats and scarves securely to prevent them from slipping over eyes and obstructing vision.

If your child wears a mask, make sure it fits securely, provides adequate ventilation, and has eye holes large enough to allow full vision.

Swords, knives and similar costume accessories should be made of soft, flexible materials.

Treats
Warn children not to eat any treats until an adult has examined them carefully for tampering.

Carefully examine any toys or novelty items received by trick-or-treaters under three years of age. Do not allow young children to have any items that are small enough to present a choking hazard or that have small parts or components that could separate during use and present a choking hazard.

Decorations
Keep candles and Jack O' Lanterns away from landings and doorsteps where costumes could brush against the flame.

Indoors, keep candles and Jack O' Lanterns away from curtains, decorations and other combustibles that could catch fire. Do not leave burning candles unattended.

Remove obstacles from lawns, steps and porches when expecting trick-or-treaters.

Indoors or outside, use only lights that have been tested for safety by a recognized testing laboratory, such as UL. Check each set of lights, new or old, for broken or cracked sockets, frayed or bare wires, or loose connections. Discard damaged sets.

Don't overload extension cords.

From the Attorneys and Staff of LaBovick & LaBovick, have a safe and fun Halloween this year in South Florida.

• Email This
• Print
• Comments
• Trackbacks

Rollover Accidents account for only 2% of all accidents, but account for 33% of all Traffic Deaths according to the National Highway Transportation Safety Commission.

The following is a breakdown of Rollover fatalities by motor vehicle type:

61% of SUV occupant fatalities occur in rollover crashes.

45% of Pickup Truck occupant  fatalities occur in rollover crashes.

33% of Van occupant fatalities occur in rollover crashes.

23% of Passenger Car occupant fatalities occur in rollover crashes.

30% of all motor vehicle occupant fatalities in Florida involve rollover crashes.

Click here to read more on Rollover Accident statistics from the National Highway Safety Administration.

Click here to read more on Analysis of Motor Vehicle Rollover Crashes and Injury Outcomes from the National Highway Safety Administration.

 

• Email This
• Print
• Comments
• Trackbacks

Dana Corp announced a settlement of 7,500 Personal Injury Claims involving asbestos-laden gaskets produced by the auto-parts supplier. They want to pay a maximum of $ 2 Million to settle all claims, providing the claimants submit the required proof to support their claims. This will help the company settle approximately 7 percent of the mesothelioma claims and 4 percent of the cancer claims filed against the Ohio based Auto parts supplier.

Dana has said asbestos-related personal-injury claims, which totaled 150,000 as of June 30, will pass through its bankruptcy unchanged.

It is important to note that the necessary supporting documentation is important for the claimants to receive any funds from the $2 Million proposed settlement. If they have any questions or concerns about the settlement or an asbestos related illness, they should contact an Asbestos Attorney or a Mesothelioma Attorney to discuss the case in greater detail.

Click here to read more on the Dana Corp Asbestos settlement from Associated Press

 

• Email This
• Print
• Comments
• Trackbacks

It was nice to see a Personal Injury lawyer make the news in a positive story about running and safety. Personal Injury Attorney, Eric Turkewitz, is training for a marathon and was interviewed about his opinion on safety and running at dusk. Great article. 

After reading Eric's blog New York Personal Injury Lawyer, it made me wonder about accidents and bicyclists.  In Florida we have great weather, but are really not the most bike friendly place.  I was surprised to find that Florida leads the nation in bicycle fatalities, according to the National Highway Safety Traffic Administration. In 2005, Florida had 124 bicycle fatalities, California 124, New York 47, Texas 46 and rounding out the top five was North Carolina with 36 bicycle fatalities. The total number of bicycle fatalities were 784 for 2005.  Although the numbers seem high, they account for only two percent of the total traffic fatalities for 2005, which were 43,443 fatalities.

The NHSTA has a brochure called seven smart routes to bicycle safety.  The seven rules are important and worth mentioning.  Seven great tips on bicycle safety:

Protect Your Head. Wear a Helmet.

Assure Bicycle Readiness. Ensure Proper Size and Function of Bicycle.

Ride Wisely. Learn and Follow the Rules of the Road.

Be Predictable. Act Like a Driver of a Vehicle.

Be Visible. See and Be Seen at All Times.

“Drive” with Care. Share the Road.

Stay Focused. Stay Alert.

Unfortunately, our firm has represented it's share of bicycle accidents over the years. It is always sad when the bicycle accide