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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From the Courtroom Podcast with Colette Meyer 

On a recent edition of the firm’s From the Courtroom podcast series, Managing Shareholder and attorney Brian LaBovick sat down to discuss estate planning, wills and trusts with fellow lawyer Colette Meyer of the Meyer Law Firm. In the interview, attorney Meyer describes the importance of helping people secure their family’s expectations and values for future generations. She also talks about the significance of planning and being prepared for life’s events, including illness and death.

Attorney Meyer began her career in Jupiter, Fla. at a well-known New York based law firm. Since that time, she has gained a wealth of experience in the field of estate planning, including many years of practicing law for large and nationally known firms in Florida and New York. She started the Meyer Law Firm in Jupiter, Fla. more than 11 years ago and continues to help clients prepare for their future through estate planning, probate and other areas.

Throughout the interview, attorney Meyer stresses the importance of treating each client with respect and on an individual basis. She also discusses how some estate planning lawyers fail to see beyond a set of legal documents into the real needs of a person or family trying to plan for future events.

“We don’t just prepare documents. I found one of the biggest failures of lawyers in the estate planning area is they look at it like a set of documents, but it’s far more than that,” attorney Meyer stated during the interview. “I don’t let a client get out the door with knowing how they own things. For example, do they own things jointly with their children or jointly with their spouse? [I determine] How they own things and make sure that whatever plan I put in place actually works by re-titling assets if necessary.”

In her spare time, attorney Meyer enjoys spending time in her pool and fulfilling her love for the arts as president of the Lighthouse Center for the Arts’ Board of Directors.

To find out more information on Attorney Colette Meyer and the Meyer Law Firm, visit the firm website at www.meyerandmcdonald.com.

From the Courtroom Podcast with Colette Meyer

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United Automobile Insurance Company (United) is being sued for unpaid claims.  In a recent press release, United complained about the injustice of being sued for small sums.  Brian LaBovick, Managing Shareholder of LaBovick & LaBovick, P.A., a Florida civil litigation firm, notes, “We are suing United for failing to properly pay medical providers small sums on many claims.  The numbers add up to a staggering amount; and its all sitting in United’s bank account.  Imagine how you would feel if every day your boss deducted $3.89 from your pay.  It would be unfair.  United deducted small sums from medical providers because they thought the providers would not sue for such small sums.”

Under the law medical providers must timely bill automobile insurance for treatment rendered to auto accident victims.  The automobile insurance industry used the legislature to set the amount doctors and other medical providers are paid.  The doctors understand that they are only paid the legally regulated amount.  United Automobile is refusing to pay the regulated amount. They deduct some amount and make the decision not to pay the medical providers the amounts required by law.  United knows that even though the doctor was paid the wrong amount the doctor is not permitted to sue United.  First the doctor must send a special letter called a Demand to United. 
The Demand warns United that they did not pay properly and it requests proper payment.  United has an additional 30 days to pay the medical providers.  If United refuses to properly pay the doctor’s bill then the doctor can sue United to force them to pay the proper amounts.  How many times should a doctor or medical provider be denied proper payment by United before seeking help?  How much is the “right amount” to be ripped off before a doctor sues?  Should the doctor wait for 1000 under-paid charges?  How much money is United permitted to deny the medical providers before the doctor or medical provider is justified in standing up for their rights!

United Automobile Insurance Company’s propaganda argues that being sued hundreds of times for small sums is unfair.  They feel that small lawsuits are a drag on our court system.  They say that the law firm which is bringing them to justice for improperly paying claims is “clogging” up the court system and “wasting” taxpayer money!  But who is really “gaming” the legal system?  United Automobile underpays hundreds if not thousands of claims.  They are then sent Demand letters.  They decide not pay the claims.  They decide to refuse to settle the claim after reviewing the Demand letter.  Now they are acting shocked that they are being sued.

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We hope that you have a Happy and safe Fourth of July this year. 

In an effort to promote Consumer Safety we would like to share a few important facts and safety tips for handling Fireworks from the CPSC:

•  Read and follow all warnings and instructions
   
•  Never allow children to play with or ignite fireworks
   
•  Keep other people are out of range before lighting fireworks.
   
•  Only light fireworks on a smooth, flat surface away from the house, dry leaves, and  flammable materials.
   
•  Never try to relight fireworks that have not fully functioned.
   
•  Keep a bucket of water in case of a malfunction or fire.

The National Fire Protection Association cites the following statistics:

In 2008, across the country 7,000 people were treated for fireworks-related injuries. 40 percent of the injuries involved kids.
Over half of the injuries were burns to the arms, legs and hands.
One out of five of the injuries nvolved hot debris hitting people's eyes.

Palm Beach County, Deputy Fire Marshall, Jeff Collins sums it up perfectly in a recent interview with the Sun Sentinel:

"Your best bet is to let the professionals handle the fireworks". 

Last year, Managing Partner, Brian LaBovick, wrote a wonderful post on How to Avoid Injuries with Fireworks and  the importance of the Fourth of July.  Enjoy reading the post.

Have a Happy and Safe Fourth of July.

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I came across a post by Blogger Barry Barnett for the legal blog, Blawgletter today.  The post was  entitled Video and Witness Prep. Mr. Barnett shared his views on videotaping and trial preparation for a client. In this post, he shared that if you do not adequately prepare a client with crucial foundation, don't bother with the video. 

In an effort to see how a few Personal Injury Attorneys in our law firm viewed witness videotaping, I shared Mr. Barnett's post and the post from Deliberations,  entitled "Why your witness did not get better after watching herself on videotape"., and asked for feedback.

I found the comments from my Attorneys insightful and decided to share a few thoughts on the subject from Brian F. LaBovick and Mark A. Greenberg.

Managing Partner, Brian F. LaBovick, provided the the following comments on the subject:

"We all understand ourselves!  How many times have you gotten into a fight with your loved one where you said one thing and they heard another?  I am sure the answer is plenty.  It is the same reason why witnesses who view themselves on video don't get better. We can't judge ourselves because we understand what we said in the first place.  

In our firm, we believe training witnesses needs objective help. Objective help can't be the lawyer or his/her paralegal training the client.  Objective evidence can be a paid expert; someone who can teach the client how to improve. Objective analysis can include watching yourself on video while at the same time watching mock juror's response to the client. Observing jurors reactions, and or polling them to discuss what they felt during the testimony is the best. It hurts to hear sometimes, but the juror's "truth" is all that counts at trial. It is better to be prepared now, than to be blindsided when the final Verdict is read in court!"

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LaBovick & LaBovick, P.A.  is pleased to launch the new Podcast series "From the Courtroom".  The new Podcast  "From the Courtroom" will discuss legal topics and community issues. The shows will be taped in the LaBovick & LaBovick Mock Trial Courtroom, located in the Palm Gardens Headquarters. The shows will feature attorneys from the firm and will periodically interview guests on the show that are community leaders.  

The first edition of "From the Courtroom" features Brian F. LaBovick, Esq., Managing Partner.

Listeners are encouraged to tune in weekly to check out the various  topics discussed on the LaBovick & LaBovick law blogs:

LaBovick Injury Law Blog
Whistleblower Law Blog
The Law Planet Blog

Please feel free to drop us a line if you want to hear any specific topics discussed on "From the Courtroom" Podcast.

injurylaw.labovick.com/uploads/file/Podcast 04102009-Brian-First_mp3_final_rev.mp3

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Have you ever noticed that sometimes things in life are unfair? In the legal world that adage also holds true. Take for example: If an unmarried adult, without minor children (say a grandmother whose children are grown and whose husband passed away) goes to see a doctor and that doctor accidentally kills her due to obvious and total malpractice there is no way to bring a malpractice suit. The adult children do not have the right to bring that suit on behalf of their dead mother. That seems unfair to me.

Another example,  is pets. Dogs, cats, etc.., have no value beyond their replacement value. In other words, if I have a fantastic dog who is my kids best friend and a great part of our family and someone kills that dog, I can only recover the value to replace that dog. If that dog was a mutt from the dog-pound, then the replacement cost is about $60.00. The emotional loss is terrible for the family, but the economic loss small.

What would you do if you took your photos to a photo lab for development and they lost your photos or even destroyed them? There is a value to those photos. The emotional value is very large, but the economic value is small. Although you have the right to recover for any loss, you are likely restricted to the economic loss. That economic loss is so small that is isn't worth the fight. I do not believe Florida law has changed to allow emotional losses in commercial cases. There is a legal rule called the Economic Loss Rule that prohibits emotional damages in commercial cases. I have not researched the Economic Loss Rule for some time, but I do not believe it has changed. Recently I saw a legal article advocating the law permit emotional losses in some situations: Movers who destroy family heirlooms that are worthless but have great family value was the example given *(which is similar  to lost photos). I do not believe, however, the present state of the law permits such recovery.
 

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LaBovick & LaBovick, PA invites you to attend the Back to School Florida Kidcare enrollment Fair in West Palm Beach on August 3, 2008 from 12 noon - 3pm. The location is  2601 Military Trail (Corner of Crest Haven Blvd & Military Trail) West Palm Beach, at  the Shoppes of Cresthaven.

This event is being put on through the efforts of Palm Beach County Coalition members:  Kid Finders Network, Childrens Services Council of Palm Beach, Health Care District of Palm Beach County, Stay Well, Florida Department of Children and Family, Healthy Mothers and Healthy Babies, Procer Cultural Organization, Florida Covering Kids & Families, LaBovick & LaBovick, PA and many others.

The Health Care crisis in Florida is serious with over 700,000 children without Healthcare coverage, yet  many are eligible to receive Florida KidCare insurance, either by a low cost or free option.

"The purpose of the Back to School Florida KidCare Enrollment Fair is to bring awareness of the healthcare coverage available to kids in Florida without health insurance coverage", stated, Attorney Esther Uria LaBovick, Partner, LaBovick & LaBovick, PA.

Coalition Member, Kid Finders Network will provide digital fingerprints to  kids enrolling in Florida KidCare. KidFinders Network will also be give out professional Kits for Child ID cards at the Florida KidCare Back to School Enrollment Fair.

The main thing is that Free School Supplies will be given to Kids attending the event.  There will be food, Entertainment and fun giveaways for  families and kids attending the Back to School Enrollment Fair.

Please Share this information with any family that has children and cannot afford to provide healthcare coverage for their kids.

Palm Beach County Florida KidCare - Back to School - Enrollment Fair Sunday, August 3, 2008 -

 12 noon - 3pm - Admission is Free
 

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Today, April 22, 2008 is Earth Day. It is amazing that Earth Day has been around since 1970 and I only seem to remember hearing about it a few years ago.  Last week I purchased several reusable shopping bags at Publix, a major chain in the Southeast. Initially, I thought the .99 price tag was just a gimmick to get people to buy a product.  I see that I was wrong, as I bring my 4 bags back to the market with me, I am pleasantly surprised to see other shoppers doing the same.  The bags are awesome. One bag takes the place of 4 plastic shopping bags and two large paper bags. Based on my bagging methods. 

I spoke to Managing Partner, Brian LaBovick, Esq. regarding my post on Earth Day and asked what he was doing today to acknowledge Earth Day. After my story of the Publix "reusable shopping bags" he decided to go out and buy bags for all of our LaBovick & LaBovick staff members in an effort to help promote saving the environment in small steps. Yes, I mention small steps, because if we all take a few steps to make the environment better, it will make a difference. According to the EPA, companies can make a difference at the work place in helping the environment. A few   simple things, to start with include: 1) reducing energy use, 2) Re-use or recycle office products, 3) Use water more efficiently 4) Efficient Commuting for the environment, this includes, working from home when possible, carpooling use of mass transportation 5) Turn off  equipment, copier, printers, computers when not in use, 6) Use energy efficient lighting.

As a Boutique Florida Personal Injury Law firm, we are doing a little bit more than just giving reusable Publix Shopping bags to our employees. About a year ago, Managing Partner, Brian LaBovick, told me that he wanted to go paperless. He asked me to investigate and find the necessary steps on what it will take for us to be a paperless office. Imagine a paperless law firm. Believe it or not, they do exist. They are few and far between, but not impossible.

We are exploring the paperless office, which will take some time and effort, but in the interim, our Florida Injury Law Firm has taken some giant leaps in being more efficient and environmentally friendly. Last year we recycled old computers and monitors, after stripping them of all data, first. We shred and recycle paper and recycle cans that we use for beverages in the firm for staff and clients. We purchased a state of the art copier to scan documents for us to send PDFs of files to Doctors,  Insurance Adjusters, Defense Counsel, Experts and others involved in Personal injury and Qui tam cases we are working on. This cuts down on the use of paper tremendously. We satisfy requests of those that prefer receiving paper instead of a PDF or file.

If our Florida Injury Law firm can take small steps in our business to help the environment, we encourage other firms to join in.  A few weeks ago, the wonderful Governor of Florida, attended a "Going Green" event in Palm Beach County sponsored by Palm Tran. It is nice to see that officials in Florida are trying to make the public aware of their efforts to improve the environment.

You too can make a difference and do your part for our environment.

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At LaBovick & LaBovick, P.A., we have a reputation for fighting for justice with relentless perseverance. We handle cases involving brain injuries, car accidents, dog bites, truck accidents, wrongful death, medical malpractice, products liability and false claims act / qui tam claims. Our attorneys work to make sure that our clients receive justice. We do not defend insurance companies.

Attorneys of the Firm

Brian F. LaBovick, Esq. is Managing Partner of the Firm. He earned a Bachelors of Arts in Philosophy at Miami University in Oxford, Ohio in 1987. He obtained a Juris Doctor at the University of Miami School of Law in Miami, Florida in 1990. Brian LaBovick was admitted to the Florida and Federal Bars in 1990. He began his legal career in the prestigious Honors Graduate Program at the United States Department of Justice as a prosecutor in 1990. He has extensive trial and litigation experience. He concentrates his practice on prosecuting plaintiff personal injury, product liability, premises liability, toxic torts, and whistleblower/qui-tam claims. Brian LaBovick maintains an AV rating with Martindale-Hubbell and is listed in the Register of Pre-eminent Lawyers. He is past President of the NPBC Bar Association, past Director of Palm Beach County Justice Association; an Eagle Member of the Florida Justice Association, a member of the American Association for Justice; a Task Force Member of Florida Justice Association PAC; a CLE Committee Member for the Florida Justice Association, a Member of the Academy of Trial Advocates and the National Belli Society. He actively gives back to the Community and is involved in the American Cancer Society, Board Member of the Benjamin School, the Quantum House, the Papanicolaou Corps for Cancer Research, the Jupiter Tequesta Athletic Association, the Jewish Federation and Board Member of Temple Beth am.
 

Esther Uria LaBovick, Esq. earned a Bachelors of Arts from Duke University in Durham, North Carolina in 1987. She earned a Juris Doctor from University of Miami School of Law in 1990. She was admitted to the Florida State and Federal Bars in 1990. She served as Assistant State Attorney for the Dade County State Attorneys Office, under Janet Reno. She was trained as a part of a special DUI prosecution unit in Dade County. Esther LaBovick has extensive trial experience in prosecuting complex litigation cases. Her practice areas include product liability, personal injury, toxic torts, and consumer claims. She is a member of the Palm Beach Trial Lawyers Association, the American Bar Association, and the Florida Justice Association and the American Association of Justice. Esther.. LaBovick is active in the community and champions the causes of several organizations, such as the Quantum House, The South Florida Science Museum, The Benjamin School, The Latin American Cultural Center, and The Junior League of The Palm Beaches. She is Chair of the Worth Tasting Cookbook Committee for the Junior League and serves as President Elect of the Junior League of The Palm Beaches.

Carl J. Wald, Esq. earned a Bachelors of Science from Buffalo State College in 1989. He earned a Juris Doctor from Thomas M. Cooley Law School in Lansing, Michigan. He was admitted to the Florida Bar in 1996. He has earned a pilots license and clocks several miles in the air flying single and twin engine planes. Mr. Wald has extensive trial experience and was inducted into the Million Dollar Advocates Forum for his success in winning jury verdicts in excess of a million dollars. He actively gives back to the community and is involved in the Palm Beach Trial Lawyers Association, the American Bar Association, the Florida Justice Association and the American Association of Justice as an Eagle Member. In addition to his passion for flying planes, he enjoys playing Rugby with the Palm Beach Rugby Team.

Mark R. Hanson, Esq. is Director of the Litigation Division and is admitted to the Florida Bar. He earned a Bachelor's Degree from University of San Diego. He earned his law degree from Tulane University Law School. For over 20 years, Mr. Hanson has dedicated his legal career to fighting for the rights of injury accident victims and commercial litigation. Over the years, he has received many distinctions and honors. He is AV Rated, by Martindale-Hubbell. He is a member of the prestigious Million Dollar Advocates Forum. He was named to Florida Trend Magazine's Florida Legal Elite and is one of seven attorneys statewide recognized in the Aviation, Admiralty & Maritime category. In addition, he was named a Florida Super Lawyer, by Super Lawyers Magazine; only 5% of all lawyers in Florida are named Florida Super Lawyers. Mr. Hanson concentrates his practice in the areas of Maritime/Admiralty Law, Personal Injury, Products Liability, Toxic Torts and Commercial Litigation.

Scott R. Haft, Esq. is admitted to the Florida Bar. He earned a Bachelor's of Arts in Business Administration, from Franklin & Marshall College, Lancaster, Pennsylvania. He earned his law degree from Nova Southeastern University - Shepard Broad Law Center, Fort Lauderdale, Florida. Mr. Haft had the distinct honor of serving as a Legal Intern for the U.S. Attorney's Office, Southern District of Florida for two years. He is a talented and aggressive attorney. Mr. Haft concentrates his practice in the following areas: Employment Law, Commercial Litigation, Securities Fraud, Mortgage Foreclosure Defense, and Qui tam.

Tara L. Kopp, Esq. is admitted to the Florida Bar. She earned a Bachelor's Degree from Palm Beach Atlantic University, West Palm Beach, Florida. She earned her law degree from Nova Southeastern University Shepard Broad Law Center in Fort Lauderdale, Florida. Ms. Kopp received a Silver Pro Bono Honors Recognition while obtaining her Juris Doctorate at Shepard Broad Law Center. She had the distinct honor of interning for Judge Peter Evans in West Palm Beach. Ms. Kopp is a member of the American Bar Association and a member of the Palm Beach County Bar Association. Ms. Kopp takes prides in being a successful and aggressive attorney, and giving back to her community through service. She concentrates her practice in the area of PIP Suit Litigation.

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