When an accident victim goes to trial, he has to prove that his injuries are directly related to the accident at issue. Recently, a Florida appellate court has made it easier for an  insurance company to dispute that a plaintiff’s injuries are related to an accident, even when the insurer has already acknowledged that the injuries were related to the accident.

The issue arose in the case of State Farm Mutual Automobile Insurance Company v. William Swindoll, which involved car insurance. 36 Fla. L. Weekly D2718a (Fla. 3rd DCA 2011). State Farm was the insurer for the Plaintiff, who was involved in a motor vehicle accident. Following the accident, the Plaintiff received medical treatment for injuries and those bills were paid by State Farm, based on Personal Injury Protection (PIP) coverage.

Later, the Plaintiff filed a lawsuit based on injuries from the accident, to recover damages that were not covered by PIP. The lawsuit was filed against the Plaintiff’s insurer, State Farm, based on Uninsured Motorist (UM) coverage that was provided by State Farm. UM coverage is designed to protect an accident victim when the at-fault driver does not have enough insurance to cover the damage that he caused.

At trial, the Plaintiff had to prove that his injuries were related to the accident, so his attorney presented evidence that State Farm had already decided that the injuries were related because they previously paid some of the medical bills under their PIP coverage. The theory was that if State Farm had already examined some of the bills for these injuries and decided to pay these bills because the treatment was related to the accident, then State Farm must have agreed with the Plaintiff’s position at some point in time, and this information would be important to the jury.

During the trial, State Farm denied that the injuries were related to the accident. The trial court judge allowed the Plaintiff’s attorney to present testimony from a State Farm employee about payment of medical bills under the PIP coverage. At the end of the trial, the jury issued a verdict in favor of the Plaintiff. The Appellate court decided that it was wrong to allow this testimony and overturned the verdict. The court added in its opinion  that any testimony about payment of Medical Payment benefits was also irrelevant and would not be allowed.

With this decision, the Third District Court of Appeals is following the reasoning of the Second District in a similar case. See USAA Casualty Insurance Co. v. Shelton, 932 So. 2d 605 (Fla. 2d DCA 2006).

In effect, the courts are protecting insurance companies by preventing a jury from finding out that the insurance company believed that injuries were related to an accident on one day, but not the next.

NO LEGAL ADVICE: This blog entry is not intended as legal advice nor should you consider it as such. It is intended only as general information.  You should not act upon this information without retaining professional legal counsel. Please keep in mind that merely subscribing to or reading this blog or otherwise contacting Bogin Munns & Munns, P.A. in the manner that you have will not establish an attorney-client relationship with our firm. Bogin Munns & Munns, P.A. cannot represent you until the firm knows there would not be a conflict of interest, and the firm determines that it is otherwise able to accept the engagement. The engagement would also be confirmed by a written agreement.

Our firm, myself as well as all other trial attorneys relish the opportunity to represent victims of drunk-driving accidents.  Collectively we are saddened by the grief that can be caused by such an irresponsible act, but we know that generally the potential recovery is greater than in other personal injury claims.  Under Florida law, in addition to compensation for economic losses and non-economic losses such as pain and suffering, the victim of a drunk-driving accident may also be entitled to punitive damages.   In the case of Ingram v. Pettit (340 So. 2d 922 (Fla. 1976)), a plaintiff had been injured when the defendant hit her vehicle from the rear while it was standing at an intersection in a well-lit area. The evidence demonstrated that the defendant’s vehicle had not been moving at an excessive rate of speed, had not swerved or veered outside the marked lines of traffic, and had in fact been normally operated until the time of the collision. The plaintiff sought punitive damages solely because the driver’s blood alcohol level exceeded the level at which the legal presumption of intoxication arises. The Florida Supreme Court held that the voluntary act of driving while intoxicated evidences a sufficiently reckless attitude for a jury to be asked to provide an award of punitive damages.

Liability insurance that includes bodily injury indemnification coverage also requires the insurance company to defend its insured in any claims arising from alleged acts of negligence, including civil claims arising from drink driving.  However, liability insurance does not include paying claims for punitive damages.  Accordingly, while a drunk-driver’s insurance may pay compensatory damages, the drunk driver may still be exposed to punitive damages for which he or she would have no coverage.  In that event, if the drunk-driver has sufficient assets in which to warrant pursuit of those damages, then those assets would be at risk.  Under this scenario, the insurance company typically advises the insured to retain their own personal counsel.  As the insurance carrier does not pay for this counsel—that is a cost born by the drunk-driver.

The holiday season is meant to be, among other things, fun.  Regardless of one’s personal beliefs and preferences, alcohol is legal and is often included in that fun.  However, if alcohol is a part of your holiday merrymaking, then remember to plan in advance by arranging for safe transportation.  The price, if any at all, would be miniscule when compared to the heartache caused by a preventable tragedy.

On behalf of all of us at Bogin, Munns & Munns, please accept our best wishes for a safe, healthy, and happy holiday season.

Sources

National Highway Traffic Safety Administration

National Center for Statistics and Analysis

M.A.D.D.

– Scott Zirkle, Esq., is a personal injury attorney with Bogin, Munns, & Munns, P.A., a full service law firm with offices in Orlando, Clermont, Kissimmee, Deltona, Daytona Beach, Ocala, Melbourne, Gainesville, and Leesburg, Florida.  He welcomes questions and comments regarding the above and can be reached at szirkle@boginmunns.com

NO LEGAL ADVICE: This blog entry is not intended as legal advice nor should you consider it as such. It is intended only as general information.  You should not act upon this information without retaining professional legal counsel. Please keep in mind that merely subscribing to or reading this blog or otherwise contacting Bogin Munns & Munns, P.A. in the manner that you have will not establish an attorney-client relationship with our firm. Bogin Munns & Munns, P.A. cannot represent you until the firm knows there would not be a conflict of interest, and the firm determines that it is otherwise able to accept the engagement. The engagement would also be confirmed by a written agreement.

If you have been involved in a car accident and are physically able to do so, it is tremendously helpful to already have photographs of all vehicles involved in the collision from the crash scene when meeting with your personal injury lawyer for the first time. Don’t be shy about taking photos. Don’t just take one or two photos, but instead take as many as possible. When taking photos of the vehicles involved, it is beneficial to take photos at different angles and distances. In addition, photos identifying the road conditions at the time of this incident, skid marks, and debris in the road are valuable to your case because they can help prove which driver or drivers were at fault for the crash, and will also help to show the extent of the force that not only your vehicle sustained- but that you sustained as well. While our office will certainly take property damage and injury photos upon our representation, photos taken at the scene immediately after the incident will preserve a great deal of evidence.

If you have been involved in a premises liability accident such as a slip-and-fall or trip-and-fall accident, taking photos of what caused your accident is very important. If you have a cell phone camera handy, try to take as many photos as possible of the substance or object that caused you to fall. I realize that your pain and the ability to obtain medical attention is your first priority after an accident. However, in 2010, the Florida legislature heightened the standard for injured people involved in slip-and-fall accidents to recover their damages. Under the new law, injured people now have the burden of proof to show that a company or property owner knew or should have known of a hazardous condition on its floors or walkways and failed to correct this condition. This burden can be met by showing that a substance had been on the floor for a long period of time or by showing that there is a regular reoccurrence of the condition.

By taking photos of the substance on a floor, this evidence can be preserved immediately after an incident. Further, when a store learns of a slip-and-fall accident, management will usually direct its employees to clean-up the substance immediately thereafter to prevent subsequent accidents, but which will also destroy the evidence you need to prove your case. If you can obtain photos of a spill that shows cart tracks through it or pieces of melting ice prior to the spill being cleaned-up, you can help show that the spill had been on the floor for a considerable amount of time to prove liability on the part of the store or property owner. Because store owners must also warn of dangerous conditions, it is also good to take photos of the surrounding area to show that there were not any yellow wet floor warning cones or signs in the area where your accident occurred. Photos taken immediately after trip-and-fall accidents, such as of cracked or chipped concrete, are also important in preserving evidence of the scene.

It is also important to preserve and put aside the shoes that you were wearing at the time of a premises liability accident, and to discontinue wearing them at least until the end of your case. Additional wear-and-tear on the soles of your shoes may provide the Defendant with a defense that your shoes did not provide enough traction. Also, preserve any stained, torn, or destroyed clothing following any type of accident or incident- including dog bite incidents.

If you preserve evidence immediately after an accident or incident, you will be able to later provide this information to your personal injury attorney to help prove your case.

– Michael H. Truax, Esq., is a personal injury attorney with Bogin, Munns, & Munns, P.A., a full service law firm with offices in Orlando, Clermont, Kissimmee, Deltona, Daytona Beach, Ocala, Melbourne, Gainesville, and Leesburg, Florida.  He welcomes questions and comments regarding the above and can be reached at mtruax@boginmunns.com

NO LEGAL ADVICE: This blog entry is not intended as legal advice nor should you consider it as such. It is intended only as general information.  You should not act upon this information without retaining professional legal counsel. Please keep in mind that merely subscribing to or reading this blog or otherwise contacting Bogin Munns & Munns, P.A. in the manner that you have will not establish an attorney-client relationship with our firm. Bogin Munns & Munns, P.A. cannot represent you until the firm knows there would not be a conflict of interest, and the firm determines that it is otherwise able to accept the engagement. The engagement would also be confirmed by a written agreement.

On the other hand, if there are no legal “survivors” as defined above, the action is limited to the medical bills and funeral expenses of the decedent.  Florida Statute 46.021 provides an odd exception to this limitation.  Where the death did not ultimately result from the personal injury caused by the tortfeasor, a claim for pain and suffering and other damages may continue.    An example of such a situation is where a plaintiff suffers personal injury as a result of a car accident or fall, but the plaintiff later dies from an intervening cause, such as the negligence of another unrelated defendant.  This scenario necessarily poses questions of foreseeability and proximate cause, in addition to the question of what caused the decedent’s death since more than one party may be negligent and one of the negligent parties may not be liable for all the damages suffered by a claimant when some separate force or action is the active and efficient intervening cause, sole proximate cause, or independent cause of the claimant’s injuries and/or death.  This is generally a question of fact for the jury when a jury trial has been demanded.

In summary, it may be frustrating for loved ones or named heirs to learn that they are not entitled to make certain claims after a death resulting from personal injury.  It is necessary to consult an attorney to determine the damages that are recoverable under Florida law, and it is also imperative to recognize that the time to make a claim may be as short as two years or less depending on the nature of the claim.  In the case of nursing home negligence or medical malpractice, other provisions including pre-suit obligations exist, so time is of the essence in consulting a professional to discuss and ascertain the legal provisions applicable to each cause of action.

- Pamela Olsen, Esq., is an experienced personal injury attorney with Bogin, Munns, & Munns, P.A., a full service law firm with offices in Orlando, Clermont, Kissimmee, Deltona, Daytona Beach, Ocala, Melbourne, Gainesville, and Leesburg, Florida.  Ms. Olsen works out of the Ocala office of the firm and welcomes questions and comments regarding the above and can be reached at polsen@boginmunns.com

NO LEGAL ADVICE: This blog entry is not intended as legal advice nor should you consider it as such. It is intended only as general information.  You should not act upon this information without retaining professional legal counsel. Please keep in mind that merely subscribing to or reading this blog or otherwise contacting Bogin Munns & Munns, P.A. in the manner that you have will not establish an attorney-client relationship with our firm. Bogin Munns & Munns, P.A. cannot represent you until the firm knows there would not be a conflict of interest, and the firm determines that it is otherwise able to accept the engagement. The engagement would also be confirmed by a written agreement.

If you have just become a party to a lawsuit, early, strategic planning between you and your attorney can go a long way to alleviate anxiety because you will have developed a plan based on the outcomes you wish to pursue because they are valuable to you.  More specifically, you will have a clear assessment of the road ahead and feel more in control of the process.

Litigation can take twists and turns at times that are beyond your control.  However experts agree that clients and their counsel who are strategic in their thinking and planning early will often have a much more predictable and successful outcome than those that do not take charge of the litigation process.  This happens in large part because these clients and their counsel have clearly and frankly communicated about the specific outcomes that are likely along with the risks and rewards of pursuing each of those outcomes.  They have also developed early a practical roadmap based on quality data, assessment and communication with the adverse party when possible, and consulted experts when necessary.

Tactics in litigation absolutely vary from case to case and with the resources and desired outcome of each client.  Sometimes, a quick resolution translates into a victory for a client.  In this instance, it may be better for the attorneys of both parties to meet early and discuss possible resolutions to the case.  On other occasions, where parties are less agreeable, a case may need to proceed to mediation or trial.  In either of these instances, a healthy and in depth discovery phase may be critical and the costs associated with that phase should be discussed in light of the potential outcome of improving the case.  More specifically, a well executed discovery phase will often create the leverage needed to resolve a dispute in mediation and avoid the cost of trial.  In each of these phases, key discussions will be helpful to minimizing your risk and maximizing your understanding and chances for a fair and of favorable outcome.

Attorneys are tacticians and each phase of litigation offers the attorney options for using many tools in their toolbox to either prosecute or defend a case.  However those tools are not always right for each case.  For example, deposing each witness in a case may be ideal but cost prohibitive to the client.  Another example is in motion practice.  Both clients and counsel must consider whether filing a motion will add value to a case as a whole and be worth the expense to a client.

In conclusion, with 9 offices and approximately 30 attorneys, Bogin, Munns and Munns, P.A. has been offering this type of strategic, legal planning and advice to clients for over 30 years.  Please call today.

– Jeremy Hill, Esq., is an attorney with Bogin, Munns, & Munns, P.A., a full service law firm with offices in Orlando, Clermont, Kissimmee, Deltona, Daytona Beach, Ocala, Melbourne, Gainesville, and Leesburg, Florida.  Mr. Hill works out of the Daytona office of the firm and welcomes questions and comments regarding the above and can be reached at jhill@boginmunns.com

NO LEGAL ADVICE: This blog entry is not intended as legal advice nor should you consider it as such. It is intended only as general information.  You should not act upon this information without retaining professional legal counsel. Please keep in mind that merely subscribing to or reading this blog or otherwise contacting Bogin Munns & Munns, P.A. in the manner that you have will not establish an attorney-client relationship with our firm. Bogin Munns & Munns, P.A. cannot represent you until the firm knows there would not be a conflict of interest, and the firm determines that it is otherwise able to accept the engagement. The engagement would also be confirmed by a written agreement.

Based on the nature of his injuries, Mr. Wald was asking the jury to award a fair and reasonable amount for all of the pain and suffering that he endured, due to the accident and his related injuries.  Under the law, Mr. Wald is only entitled to pain and suffering damages if his injury is permanent.

At the end of the trial, the plaintiff’s attorney asked the judge to instruct the jury that Mr. Wald, as a matter of law, had a permanent injury to his thigh. This request was based on the idea that a reasonable jury would not be able to come to any other conclusion. Despite the testimony of the doctors, the defendant’s attorney told the judge that it would not be proper to determine that the injury must be permanent, because this was a decision for the jury and it was still possible for a jury to ignore the testimony of the treating doctor and decide that there was no permanent injury.

The judge in the trial court decided that the plaintiff’s attorney was right, and told the jury that they must conclude that the injury to the thigh was permanent. The next court to review the decision, the First District Court of Appeals, disagreed with the trial court, believing that the judge should have allowed the jury to decide the issue of permanency. The Appellate Court stated, “any testimony regarding permanency, including uncontradicted testimony” could be rejected by a jury.

Finally, this case was reviewed by the Florida Supreme Court, which said that the trial court was right, and the Appellate court was wrong. The Court said that if a jury is going to reject the evidence of the plaintiff’s doctor, there has to be a reasonable basis for rejecting the testimony. For example, there must be some contrary testimony, conflict of evidence or impeachment of the witness. In this case, because the doctors agreed that Mr. Wald had a permanent injury to his thigh, and there was no contrary evidence, the jury would not have been able to reject the testimony of the doctor.

So the Court concluded, at least in this situation, that you have to believe the doctor.

– William Galione, Esq., is an experienced personal injury attorney with Bogin, Munns, & Munns, P.A., a full service law firm with offices in Orlando, Clermont, Kissimmee, Deltona, Daytona Beach, Ocala, Melbourne, Gainesville, and Leesburg, Florida.  Mr. Galione works out of the Gainesville office of the firm and welcomes questions and comments regarding the above and can be reached at wgalione@boginmunns.com .

NO LEGAL ADVICE: This blog entry is not intended as legal advice nor should you consider it as such. It is intended only as general information.  You should not act upon this information without retaining professional legal counsel. Please keep in mind that merely subscribing to or reading this blog or otherwise contacting Bogin Munns & Munns, P.A. in the manner that you have will not establish an attorney-client relationship with our firm. Bogin Munns & Munns, P.A. cannot represent you until the firm knows there would not be a conflict of interest, and the firm determines that it is otherwise able to accept the engagement. The engagement would also be confirmed by a written agreement.

The State of Florida does not require Florida drivers to have Bodily Injury coverage.  People may be tempted not to purchase this coverage; because they cannot afford it and/or they mistakenly believe that there are no consequences for not having Bodily Injury coverage.  Just because you do not have Bodily Injury coverage does not mean that you will not be sued for injuries. If you cause an accident and do not have Bodily Injury coverage, the person that you injured and/or the injured person’s Uninsured Motorist carrier may still obtain a judgment against you.  You will be personally responsible for paying this judgment.

Please do not be deceived by thinking that you are “judgment proof”.  You may not have assets sufficient to pay a judgment all at once, but you can nonetheless be penalized by a judgment against you.  Once a judgment is obtained against you, the person who obtained the judgment can submit the judgment to the Bureau of Financial Responsibility.  Please see http://www.flhsmv.gov/ddl/frfaqcrash.html.  Upon receipt of the judgment, the Bureau of Financial Responsibility can suspend your license for up to 20 years or until the judgment has been paid or satisfactory arrangements to pay the judgment have been made.

Do not let this happen to you.  Bodily Injury coverage helps protect your assets and your driving privilege.  Bodily Injury coverage also permits you to purchase Uninsured Motorist coverage.  Uninsured Motorist coverage is essential for every Florida driver.[1] Uninsured Motorist coverage protects you from damages caused by someone else.  You cannot purchase Uninsured Motorist coverage without purchasing Bodily Injury coverage.  The amount of Uninsured Motorist coverage that you purchase must be equal to the amount of Bodily Injury coverage you purchase.  Thus, if you only buy Bodily Injury coverage of $10,000.00; you can only have Uninsured Motorist coverage of $10,000.00.

Anyone can cause a motor vehicle accident or be in a motor vehicle accident.  In order to protect yourself from either situation you must have Bodily Injury coverage.  Bodily Injury coverage is not a frivolity.  It is a necessity.

– Aaryn Fuller, Esq., is an experienced Orlando personal injury attorney with Bogin, Munns, & Munns, P.A., a full service law firm with offices in Orlando, Clermont, Kissimmee, Deltona, Daytona Beach, Ocala, Melbourne, Gainesville, and Leesburg, Florida.  She welcomes questions and comments regarding the above and can be reached at afuller@boginmunns.com.

NO LEGAL ADVICE: This blog entry is not intended as legal advice nor should you consider it as such. It is intended only as general information.  You should not act upon this information without retaining professional legal counsel. Please keep in mind that merely subscribing to or reading this blog or otherwise contacting Bogin Munns & Munns, P.A. in the manner that you have will not establish an attorney-client relationship with our firm. Bogin Munns & Munns, P.A. cannot represent you until the firm knows there would not be a conflict of interest, and the firm determines that it is otherwise able to accept the engagement.

First, know that most claims are settled without a lawsuit being filed and the person who caused the injury pays nothing.  The settlement money usually comes from an insurance policy they have purchased to protect themselves for such mistakes.  When you first go to a lawyer, one of the first things the lawyer will do will be to establish whether there is insurance coverage.  If there is not, you will likely be discharged and the lawyer will no longer represent you.

When you have been injured through the fault of another you have the right to recover for your injuries.  Whether you fell because the other person or company did not properly maintain or clean their floor, or because they ran a red light, if they injure you as a result, they are responsible to pay you for the losses you have as a result.  In particular, you can recover past and future medical bills, past and future lost wages, and money for the past and future loss of the enjoyment of life (pain and suffering).

You should note that you are only going to recover money.  Companies are not likely to admit they are wrong, or agree to change their ways.  However, we always hope that the person or company that caused your injury will take steps to prevent it from happening to someone else in the future.  This is one of the key benefits of our tort system that is often ignore by the media.

Of course you can only recover these things if you have 1) a case where the other person did something wrong, and 2) at least some damages as listed above, and 3) some source of money (usually insurance) to pay for the damages.  If you do not have all three, you do not have a viable case to pursue.

If you do have all three you have the choice to pursue the case or not.  To pursue it a lawyer will make a claim for you by presenting facts about how your injury happened, and the injury or injuries themselves.  The insurance company will then (hopefully) respond with their initial offer (which will be ridiculously low) and you will begin a series of back and forth negotiations which will hopefully result in a payment to you that is fair.

As a result, I encourage you to make a claim if you have been hurt by the negligent actions of another party.  If you are not sure whether you can make such a claim, or are not sure who the claim would be against, any good Personal Injury lawyer should be more than glad to discuss the matter with you at least briefly, and hopefully give you some advice as to what rights you have and what damages you can recover.  They will not likely be able to tell you how much you can recover, but they can talk about the different types of damages you can recover.

– Mark Cornelius, Esq., is an experienced Orlando personal injury attorney and shareholder with Bogin, Munns, & Munns, P.A., a full service law firm with offices in Orlando, Clermont, Kissimmee, Deltona, Daytona Beach, Ocala, Melbourne, Gainesville, and Leesburg, Florida.  Mr. Cornelius works out of the Orlando office of the firm and welcomes questions and comments regarding the above and can be reached at mark@boginmunns.com

NO LEGAL ADVICE: This blog entry is not intended as legal advice nor should you consider it as such. It is intended only as general information.  You should not act upon this information without retaining professional legal counsel. Please keep in mind that merely subscribing to or reading this blog or otherwise contacting Bogin Munns & Munns, P.A. in the manner that you have will not establish an attorney-client relationship with our firm. Bogin Munns & Munns, P.A. cannot represent you until the firm knows there would not be a conflict of interest, and the firm determines that it is otherwise able to accept the engagement. The engagement would also be confirmed by a written agreement.

According to the United States Department of Transportation, 23% of adults have admitted to falling asleep while driving.  Furthermore, male drivers admit to falling asleep behind the wheel twice as much as female drivers.

The National Highway Traffic Safety Administration lists sleep-deprived driving as a factor in more than 100,000 crashes, resulting in 1,550 deaths and 40,000 injuries annually.

Sleep deprivation affects driver’s abilities in several ways:

1.  Impairs judgment

2.  Impairs coordination

3.  Lengthens reaction time

4.  Substantially increases one’s risk of falling asleep at the wheel and causing a traffic accident and/or fatality.

It is also important to note that over the road truck drivers are heavily impacted by driving while drowsy.  Driver fatigue is a contributing factor in 12% of all crashes involving truckers.  Because of the size of the commercial trucks and their cargo type, traffic fatalities are more likely and the risk of serious injury also increases as the size of the truck and cargo increases.

Not only are over the road truck drivers subject to long hours of service but as many as 28% (Federal Motor Carrier Safety Administration) suffer with sleep apnea.  Drivers with Obstructive sleep apnea have a 7 fold increased risk of being involved in a motor vehicle crash.  It is estimated that 2.4-3.9 million licensed commercial drivers in the US have Obstructive sleep apnea, placing them at greater risk of falling asleep at the wheel.

Fatigue is such a very real risk for over the road truck drivers that the National Transportation Safety Board has recommended that the Department of Transportation explore the creation of heavy-duty vehicle safety technologies mandatory, including fatigue monitoring systems.

One thing is certain, tired drivers, whether they drive for a living or for pleasure, can be lethal.  Research has shown that if you drive tired, it may be impossible to stop yourself from eventually falling asleep at the wheel.  Human beings respond to acute fatigue by sleeping.  Falling asleep is an automatic response triggered by physiological need.  The most common cause of fatigue is chronic short sleep.

So what can you do to prevent sleep deprived driving?

1.  Make sure to plan ahead.  If you are going to take a long trip, make sure you factor in adequate rest stops and share the driving if at all possible.

2.  Make sure you have a good night’s sleep before going on the road.

3.  If you know you suffer with sleep apnea, be aware that you are at greater risk for falling asleep behind the wheel.

4.  Don’t skip breaks just because you were help up in traffic or if you are behind schedule.  Better late than never.

5.  Drink caffeinated beverages to help, but this is only a temporary fix.

6.  If you are a CDL licensed driver operating commercial motor vehicles make sure to strictly comply with all Hours of Service (HOS) regulations and determine if you may suffer from sleep apnea due to the increased risk of sleep apnea among truck drivers.

7.  The only true solution to be alert and continue driving when feeling drowsy is to stop and sleep.  When you wake up make sure to wait a while before driving as driving immediately upon waking is dangerous as one is still groggy for a period of time.

If you have been injured in an accident involving a defendant suffering from sleep deprivation at the time of the accident or injured in an accident involving a commercial truck, please contact our firm so that we may assess your claim.

- Alida Darias, Esq., is an experienced Orlando personal injury attorney with Bogin, Munns, & Munns, P.A., a full service law firm with offices in Orlando, Clermont, Kissimmee, Deltona, Daytona Beach, Ocala, Melbourne, Gainesville, and Leesburg, Florida.  Ms. Darias works out of the Clermont office of the firm and welcomes questions and comments regarding the above and can be reached at adarius@boginmunns.com

NO LEGAL ADVICE: This blog entry is not intended as legal advice nor should you consider it as such. It is intended only as general information.  You should not act upon this information without retaining professional legal counsel. Please keep in mind that merely subscribing to or reading this blog or otherwise contacting Bogin Munns & Munns, P.A. in the manner that you have will not establish an attorney-client relationship with our firm. Bogin Munns & Munns, P.A. cannot represent you until the firm knows there would not be a conflict of interest, and the firm determines that it is otherwise able to accept the engagement. The engagement would also be confirmed by a written agreement.

Take for instance the 2008 Florida Supreme Court case of Kirton v. Fields.  The facts in this case involved a parent signing a liability waiver on behalf of his minor child before the child was permitted to ride an all terrain vehicle (“ATV”) in a commercially owned and operated motor sports park.  The child lost control of the vehicle and was killed when the ATV landed on top of him.  The personal representative of the child’s estate brought a wrongful death lawsuit against the owners and operators of the for-profit motor sports park.   The lawyers for the park relied on the liability waiver as a complete defense to the claim and the trial court judge agreed and dismissed the claim.  The case ended up in front of the Florida Supreme Court.  The Supreme Court decided that the liability waiver was not effective to release the claim on these facts.  In reaching this decision, the Court reasoned that the Florida legislature had not enacted any law which addressed this situation, and that under these circumstances and as a matter of public policy, the father could not preemptively waive the minor’s property interest in a lawsuit for personal injuries suffered due to the negligence of the park.

Predictably, the Florida legislature, motivated by special interests, moved rather quickly to enact legislation to protect these businesses and partially nullify the effects of the Court’s decision in Kirton.   These new laws became effective in 2010 and specifically authorize a parent to sign a liability waiver on behalf of their minor children when a commercial business is involved and the waiver addresses the “inherent risks” of the activity.  Had this law been effect when the Kirton case was decided, the outcome likely would have been different.  The new law does not protect the commercial business against lawsuits due to the business’s own negligence, however.

You should also understand that courts routinely uphold pre-injury releases that are knowingly signed by an adult.  Therefore, while you may be able to avoid the effects of a pre-injury release signed on behalf of your minor child, if you sign the same release on behalf of yourself, you have likely lost your right to sue the business.  Consult with an Orlando attorney if you have any questions regarding a particular release, before signing it.

- Barry K. Baker, Esq., is an experienced Orlando personal injury attorney with Bogin, Munns, & Munns, P.A., a full service law firm with offices in Orlando, Clermont, Kissimmee, Deltona, Daytona Beach, Ocala, Melbourne, Gainesville, and Leesburg, Florida.  Mr. Baker works out of the Melbourne office of the firm and welcomes questions and comments regarding the above and can be reached at bbaker@boginmunns.com

NO LEGAL ADVICE: This blog entry is not intended as legal advice nor should you consider it as such. It is intended only as general information.  You should not act upon this information without retaining professional legal counsel. Please keep in mind that merely subscribing to or reading this blog or otherwise contacting Bogin Munns & Munns, P.A. in the manner that you have will not establish an attorney-client relationship with our firm. Bogin Munns & Munns, P.A. cannot represent you until the firm knows there would not be a conflict of interest, and the firm determines that it is otherwise able to accept the engagement. The engagement would also be confirmed by a written agreement.

According to a study by Transportation for America, a safety advocacy coalition, the greater Orlando area is the deadliest urban center in the United States for pedestrians.  More than 550 Orlando area pedestrians were killed during the past decade—an annual rate of 3 per 100,000 people.  Half of these fatalities occurred while pedestrians were trying to cross over wide-multilane roads that are designed to move heavy traffic and are not necessarily pedestrian friendly.  More often than not, the intersections on these roads are far apart, which leads pedestrians between these intersections to decide whether to walk the extra distance or to take their chances.  Although certainly more people cross safely than not, the statistics present a grim picture of the risks of this endeavor.

Florida Statutes §§ 316.130 and 316.2065 set forth the respective duties of pedestrians and nearby drivers.

• Where sidewalks are provided, no pedestrian shall, unless required by other circumstances, walk along and upon the portion of a roadway paved for vehicular traffic.
• Where sidewalks are not provided, a pedestrian walking along and upon a highway shall, when practicable, walk only on the shoulder on the left side of the roadway in relation to the pedestrian’s direction of travel, facing traffic which may approach from the opposite direction.
• No person upon roller skates, or riding in or by means of any coaster, toy vehicle, or similar device, may go upon any roadway except while crossing a street on a crosswalk; and, when so crossing, such person shall be granted all rights and shall be subject to all of the duties applicable to pedestrians.

More and more cities, including Orlando and surrounding areas, say they are increasing enforcement of their respective pedestrian laws, but those of us who routinely drive in this area observe pedestrians routinely trying to cross in violation of the law.  Florida No Fault Law may provide some degree of benefits to folks injured while they are pedestrians, but in most cases the cost of treating severe injuries far and away exceed the amount of these benefits, which are only $10,000.  In the case of death, No Fault benefits include a $5,000 benefit.

Bottom line, while Bogin, Munns & Munns has represented numerous pedestrians in Orlando who have been injured and we will continue to do so, more times than not the available insurance is meager when compared to the extent of injuries.  Bottom line, heed Grandma’s advice, “look both ways before you cross the street” and add this:  “use the designated crosswalk” even if it means walking a bit further.

(See the full report at http://t4america.org/docs/dbd2011/Dangerous-by-Design-2011.pdf)

If you’re looking for a law firm in Orlando to represent you in your case, contact us today at (407)578-1334.

– Scott Zirkle, Esq., is a personal injury attorney with Bogin, Munns, & Munns, P.A., a full service law firm with offices in Orlando, Clermont, Kissimmee, Deltona, Daytona Beach, Ocala, Melbourne, Gainesville, and Leesburg, Florida.  Mr. Zirkle welcomes questions and comments regarding the above and can be reached at szirkle@boginmunns.com

NO LEGAL ADVICE: This blog entry is not intended as legal advice nor should you consider it as such. It is intended only as general information.  You should not act upon this information without retaining professional legal counsel. Please keep in mind that merely subscribing to or reading this blog or otherwise contacting Bogin Munns & Munns, P.A. in the manner that you have will not establish an attorney-client relationship with our firm. Bogin Munns & Munns, P.A. cannot represent you until the firm knows there would not be a conflict of interest, and the firm determines that it is otherwise able to accept the engagement. The engagement would also be confirmed by a written agreement.

The Florida legislature enacted the Red Light Camera Statute, F.S. 316.0083 in the 2010 special session of the legislature. This statute in part states that notification of a violation must be sent to the owner of the motor vehicle within thirty days informing that person of the remedies under F.S. 318.14 and that they must pay a $158.00 fine or furnish an affidavit of defense pursuant to the statute within thirty days of the notification.

The owner of the motor vehicle involved in the violation must pay the traffic ticket unless the owner can prove any of the following:

a. The motor vehicle passed through the intersection in order to yield right-of-way to an emergency vehicle or as part of a funeral procession; b. The motor vehicle passed through the intersection at the direction of a law enforcement officer; c. The motor vehicle was, at the time of the violation, in the care, custody, or control of another person; or d. A uniform traffic citation was issued by a law enforcement officer to the driver of the motor vehicle for the alleged violation of s. 316.074(1) or s. 316.075(1)(c)1.   In order to prove that the motor vehicle was in the care, custody, or control of another person (who was driving the vehicle at the time of the violation), the motor vehicle owner shall, within 30 days after the date of issuance of the traffic citation, furnish to the appropriate governmental entity an affidavit setting forth detailed information supporting an exemption as provided below: a. An affidavit supporting an exemption must include the name, address, date of birth, and, if known, the driver’s license number of the person who leased, rented, or otherwise had care, custody, or control of the motor vehicle at the time of the alleged violation. If the vehicle was stolen at the time of the alleged offense, the affidavit must include the police report indicating that the vehicle was stolen. b. If a traffic citation for a violation of s. 316.074(1) or s. 316.075(1)(c)1. was issued at the location of the violation by a law enforcement officer, the affidavit must include the serial number of the uniform traffic citation.

Of interest, Florida’s Red Light Camera Law does not appear to apply to turning right on a red light. Florida Statute 316.0083(2) states that a notice of violation and a traffic citation may not be issued for failure to stop at a red light if the driver is making a right-hand turn in a careful and prudent manner at an intersection where right-hand turns are permissible. However, some municipalities are still trying to enforce this law if a motorist still does not come to a complete stop before the white line prior to making a right turn on a red light.

With Florida’s Red Light Camera Law on the books, think twice before driving through an intersection. You might just safe a life- and it might be your own.

– Michael Truax, Esq., is an experienced Orlando personal injury attorney with Bogin, Munns, & Munns, P.A., a full service law firm with offices in Orlando, Clermont, Kissimmee, Deltona, Daytona Beach, Ocala, Melbourne, Gainesville, and Leesburg, Florida.  He welcomes questions and comments regarding the above and can be reached at mtruax@boginmunns.com

NO LEGAL ADVICE: This blog entry is not intended as legal advice nor should you consider it as such. It is intended only as general information.  You should not act upon this information without retaining professional legal counsel. Please keep in mind that merely subscribing to or reading this blog or otherwise contacting Bogin Munns & Munns, P.A. in the manner that you have will not establish an attorney-client relationship with our firm. Bogin Munns & Munns, P.A. cannot represent you until the firm knows there would not be a conflict of interest, and the firm determines that it is otherwise able to accept the engagement. The engagement would also be confirmed by a written agreement.

Many individuals are aware that when they get into an automobile accident that their personal injury protection (PIP) insurance usually covers 60% of their lost wages.  They also understand that it also pays a large part of their medical expenses.  However, unfortunately, many fail to realize that PIP also offers other less obvious benefits.

Florida Statute 627.736 in pertinent part:

Eighty percent of all reasonable expenses for medically necessary medical, surgical, X-ray, dental, and rehabilitative services, including prosthetic devices, and medically necessary ambulance, hospital, and nursing services. Such benefits shall also include necessary remedial treatment and services recognized and permitted under the laws of the state for an injured person who relies upon spiritual means through prayer alone for healing, in accordance with his or her religious beliefs; however, this sentence does not affect the determination of what other services or procedures are medically necessary.

PIP benefits not only cover part of wages and medical expenses, but it can also offer some relief to the insured/injured person for mileage expenses to and from the doctor’s office and/or any other medical facility.  In fact, PIP may also offer benefits for services that an insured/injured person cannot reasonably be expected to perform, such as lawn care and house cleaning.  Although these expenses are typically small and immediately paid by the injured/insured, they can and should be presented to the PIP carrier for reimbursement consideration.  Accordingly, an insured/injured person must remember that expenses are being incurred by both the individual and his or her doctor.  Therefore, the sooner the expense is submitted, the greater the chance that reimbursement will be possible.  Notably, once PIP benefits have been completely exhausted, the benefits will no longer exist.  Too often injured individuals are unaware of these personal benefits until well after their PIP benefits have been fully utilized by their medical providers. Therefore, it is imperative that you know that these benefits exist early on in your auto accident case.  Naturally, it is important for an insured/injured person to pay his/her medical bills, but medical bills should never come before an insured/injured person’s livelihood.  Therefore, when an accident happens and you are not able to work for a period of time, please keep in mind that any financial assistance, regardless of how small or insignificant it may seem at the time is very important.  PAY YOURSELF FIRST!  Once the PIP benefits run out, it is gone forever and a claim against the other driver could go on for months – if not years.  Therefore, an insured/injured person must be careful to utilize all the financial benefits that are available to him/her at the time that they exist, regardless of who, what, when or where that they may come from.

– Cynthia M. Thomas, Esq., is a personal injury attorney with Bogin, Munns, & Munns, P.A., a full service law firm with offices in Orlando, Clermont, Kissimmee, Deltona, Daytona Beach, Ocala, Melbourne, Gainesville, and Leesburg, Florida.  She welcomes questions and comments regarding the above and can be reached at cthomas@boginmunns.com

NO LEGAL ADVICE: This blog entry is not intended as legal advice nor should you consider it as such. It is intended only as general information.  You should not act upon this information without retaining professional legal counsel. Please keep in mind that merely subscribing to or reading this blog or otherwise contacting Bogin Munns & Munns, P.A. in the manner that you have will not establish an attorney-client relationship with our firm. Bogin Munns & Munns, P.A. cannot represent you until the firm knows there would not be a conflict of interest, and the firm determines that it is otherwise able to accept the engagement. The engagement would also be confirmed by a written agreement.

The objective evidence considered is typically the results of medical tests rather than only the symptoms the party conveys to the physician.  The most common tests in persons with neck and back injury cases for example are x-rays, MRI scans, CT scans, and tests which document nerve injury.  If the objective tests are negative or a finding is not obvious, then an adjuster will document less value to a claim because a jury will have to rely on issues of credibility more if the case is not settled.  Scarring, fractures, loss of sight or other function typically are valued much more than complaints of pain alone due to the issue of proof that an injured party has in these cases.

The amount of property damage is often a big determinant of what amount of compensation that is offered in a case.  While it may not be a good indicator of the actual force involved in the impact or the severity of injuries produced, as the saying goes, pictures are worth a thousand words.  The unfortunate part is that very often juries will deduce, incorrectly, that a person is not injured when there are not seriously damaged vehicles in the claim.  In this regard, claim’s adjusters always use this tool to deny claims or severely reduce the values paid.  A number of experts can be hired to refute this incorrect assumption that the force involved is directly proportional to the amount of property damage, but they are very costly and not every case is well suited for this action.

The amount of medical bills is another factor which affects the evaluation process.  Adjusters assume that if the bills are relatively low, then a painful injury has not been incurred.  Additionally, every personal injury case is subject to a setoff or reduction of value based on the amount of PIP (No-fault Personal Injury Protection Coverage), which is $10,000 in Florida.  In this regard, if most of the bills were covered through the mandatory PIP, the claim in most cases will be evaluated at a lower amount of compensation.

The strength of the injured party’s testimony is a very important consideration.  That is, what is the story the victim has to tell.  For example, being transported by ambulance is a more compelling story than a person who sees their doctor two weeks after an accident.  This is also coupled with the testimony being absolutely honest and supported by the evidence.  Inconsistencies in medical records, for example, will drastically affect the evaluation of a case.

As you can see, there are many issues that are considered when an adjuster decides on the value of a claim.  These things are generally true in the cases of juries as well.  It is important to speak to your legal counsel about all of the factors involved in order for you to make an informed decision on the value of your personal injury claim.

Determining the value of pain and suffering is difficult, so the law provides some guidance. At a trial, a jury will be instructed to consider not only the physical pain experienced by the victim, but also mental anguish, inconvenience and loss of enjoyment of life (Florida Standard Jury Instructions (Civil) 501.2a). The jury will be told to determine a fair amount, covering the past and the future.

This means that you have to consider the traumatic experience of the accident itself, the immediate physical pain, and the likelihood of a lifetime of pain. You have to consider the upheaval caused by numerous doctor visits, therapy appointments, and trips to the pharmacy. This includes the stress involved in leaving work early, arriving late, and arranging for additional child care.

To arrive at a fair amount, you also have to consider the “loss of enjoyment of life.” This relates to any changes or limitations in your daily activities, due to your injuries. For example, your injuries may force you to limit exercise, by walking or running less frequently. You may have to stop certain activities like riding roller coasters or water skiing. It might become difficult to lift and play with small children. You may have to forego gardening, and either abandon it entirely or pay someone else to maintain it for you. Depending on the type of injury, it might even be painful to continue certain hobbies such as painting or playing guitar. And although you might be able to physically perform the task, the pain could take away much of the enjoyment.

So, when you are trying to place a value on the effect of a permanent injury, it is important to remember the judge’s instructions, and consider your pain and suffering.

– William Galione, Esq., is an experienced personal injury attorney with Bogin, Munns, & Munns, P.A., a full service law firm with offices in Orlando, Clermont, Kissimmee, Deltona, Daytona Beach, Ocala, Melbourne, Gainesville, and Leesburg, Florida.  Mr. Galione works out of the Gainesville office of the firm and welcomes questions and comments regarding the above and can be reached at wgalione@boginmunns.com .

NO LEGAL ADVICE: This blog entry is not intended as legal advice nor should you consider it as such. It is intended only as general information.  You should not act upon this information without retaining professional legal counsel. Please keep in mind that merely subscribing to or reading this blog or otherwise contacting Bogin Munns & Munns, P.A. in the manner that you have will not establish an attorney-client relationship with our firm. Bogin Munns & Munns, P.A. cannot represent you until the firm knows there would not be a conflict of interest, and the firm determines that it is otherwise able to accept the engagement. The engagement would also be confirmed by a written agreement.

The State Government can be easily accessed on the internet.  Below are websites that can be utilized to keep you informed about your State Government:

*MyFloridaGov.com: is the State’s official website and provides links to all areas of government.

• *MyFloridaGov.com: provides links to State and Federal Government websites
• * http://www.flsenate.gov/: is the Florida Senate’s website.  This website allows Floridians to     view bills, locate their senator and contact their senator.
• * http://myfloridahouse.gov/: is the Florida House’s website.  This website allows Floridians to   track Legislation in the Florida House of Representatives, view House and Senate sessions and locate their House Representative.

* http://www.flgov.com/: is the Governor’s website.  This website allows Floridians to contact the          Governor, view the Governor’s schedule, listen to the Governor’s podcast, and view executive       orders.

Floridians do not need to rely upon third parties to inform them about what their State and local governments are doing.  The internet has made it easier than ever for individuals to access their government.  Lawyers apply the law.  Citizens have the ability to impact what law is created by staying informed and contacting their representatives.

– Aaryn Fuller, Esq., is an experienced personal injury attorney with Bogin, Munns, & Munns, P.A., a full service law firm with offices in Orlando, Clermont, Kissimmee, Deltona, Daytona Beach, Ocala, Melbourne, Gainesville, and Leesburg, Florida.  She welcomes questions and comments regarding the above and can be reached at afuller@boginmunns.com.

NO LEGAL ADVICE: This blog entry is not intended as legal advice nor should you consider it as such. It is intended only as general information.  You should not act upon this information without retaining professional legal counsel. Please keep in mind that merely subscribing to or reading this blog or otherwise contacting Bogin Munns & Munns, P.A. in the manner that you have will not establish an attorney-client relationship with our firm. Bogin Munns & Munns, P.A. cannot represent you until the firm knows there would not be a conflict of interest, and the firm determines that it is otherwise able to accept the engagement.

The state’s Financial Responsibility Law and No-Fault Law work together to require each vehicle owner to have certain amounts of liability coverage.

Financial Responsibility Law

The Financial Responsibility Law includes coverage for incidents, such as crashes, for which you are at fault. To meet the state’s requirements, you must have:

• $10,000 for one person in bodily injury liability
• $20,000 for two or more people in bodily injury liability
• $10,000 per crash in property damage liability
• $30,000 in combined single limits

No-Fault Law

The No-Fault Law includes coverage for incidents in which no bodily injuries occur. To meet Florida’s requirements, you must have:

• $10,000 per person/crash in personal injury protection
• $10,000 per crash in property damage liability

Keep in mind these two laws only require you to have basic liability coverage. It’s wise to obtain information regarding optional coverages such as excess liability coverage, uninsured/underinsured motorist coverage and medical payments coverage.

Proof of Insurance and Financial Responsibility

Your insurance company will send the FDHSMV information about your insurance, and the FDHSMV will keep that information in its computer system; however, it is best to keep proof of insurance and financial responsibility available.

Once you get your insurance ID card from your insurance carrier, make sure you keep it in your vehicle at all times.

- Alida Darias, Esq., is an experienced personal injury attorney with Bogin, Munns, & Munns, P.A., a full service law firm with offices in Orlando, Clermont, Kissimmee, Deltona, Daytona Beach, Ocala, Melbourne, Gainesville, and Leesburg, Florida.  Ms. Darias works out of the Clermont office of the firm and welcomes questions and comments regarding the above and can be reached at adarius@boginmunns.com

NO LEGAL ADVICE: This blog entry is not intended as legal advice nor should you consider it as such. It is intended only as general information.  You should not act upon this information without retaining professional legal counsel. Please keep in mind that merely subscribing to or reading this blog or otherwise contacting Bogin Munns & Munns, P.A. in the manner that you have will not establish an attorney-client relationship with our firm. Bogin Munns & Munns, P.A. cannot represent you until the firm knows there would not be a conflict of interest, and the firm determines that it is otherwise able to accept the engagement. The engagement would also be confirmed by a written agreement.

The truth about this, as with most systems, is that most try to use it in a reasonable and moral manner.  However, there are always those that push the limits.  PIP is no different.  There are insurance companies (most of them at one point or another) that refuse to pay legitimate claims in the interest of improving their bottom line; and there are lawyers who bring claims for the sole and express purpose of earning a fee, and there are medical providers that perform extra procedures and charge higher prices, because there is PIP to pay it.

In order to keep insurance companies in check, because they clearly have more resources than those they insure, the Florida Legislature provided that when the insurance company has to be sued to recover benefits, the insurance company must pay the costs, and attorney’s fees for bringing that suit, regardless of the amount sued over.  While at first blush, a case generating $10,000 or more in attorney’s fees, that is brought over a $5.00 medical bill, may seem ridiculous, ask yourself why the insurance company did it in the first place.  It’s all a matter of volume.  If they reduce a million claims a month by $5 the insurance company can keep an extra $60,000,000 a year in its coffers.  That is a lot of money!  Even if the insurance company has to pay millions of dollars to attorneys over that year to defend the questionable reductions, it still nets a profit from the reductions.  This is INSURANCE COMPANY MATH, and unfortunately, it is done all the time in the interest of improving the company’s profits, and without concern for fairly evaluating claims.

– Mark Cornelius, Esq., is an experienced personal injury attorney and shareholder with Bogin, Munns, & Munns, P.A., a full service law firm with offices in Orlando, Clermont, Kissimmee, Deltona, Daytona Beach, Ocala, Melbourne, Gainesville, and Leesburg, Florida.  Mr. Cornelius works out of the Orlando office of the firm and welcomes questions and comments regarding the above and can be reached at mark@boginmunns.com

NO LEGAL ADVICE: This blog entry is not intended as legal advice nor should you consider it as such. It is intended only as general information.  You should not act upon this information without retaining professional legal counsel. Please keep in mind that merely subscribing to or reading this blog or otherwise contacting Bogin Munns & Munns, P.A. in the manner that you have will not establish an attorney-client relationship with our firm. Bogin Munns & Munns, P.A. cannot represent you until the firm knows there would not be a conflict of interest, and the firm determines that it is otherwise able to accept the engagement. The engagement would also be confirmed by a written agreement.

By way of example, let’s say you are stopped at a traffic light, and your vehicle is rear-ended by someone else who was not paying attention. It is a serious collision that involves both vehicles being totaled, and you are taken from the scene by ambulance and spend several days in the hospital. After you are discharged from the hospital, you receive a call from the at-fault driver’s insurance company.  The insurance adjuster says the at-fault driver has a $10,000 insurance policy which they are willing to pay you immediately in exchange for a release of their insured (i.e. in exchange for the $10,000 you agree not to sue the at-fault driver).  Why do you need a lawyer?  There are many reasons.  Here are four.

First, if you have underinsured motorist coverage on your automobile policy, and your damages exceed the amount of insurance available from the defendant’s policy, you can make a claim against your own policy.  However, one of the conditions of being able to make this type of claim is that you obtain the consent from your own insurance company before you release the insured.  This process can be complicated, and if you were to sign the release before going through this process, you would likely be prevented from even making a claim with your insurance company. This could cost you tens of thousands of dollars.

Secondly, there may be other insurance involved besides the driver’s.  He may have been on the job, working for his employer, which could trigger coverage under the company’s insurance policy.  Additionally, any owner of the at-fault vehicle is responsible for your damages, not just the driver.  A careful vehicle title search must be conducted to determine all potential defendants and insurance policies.

Third, the at-fault driver and / or owners may have assets that would enable them to pay something in excess of the $10,000 policy limits in our example.  To determine this, attorneys use several tools, such as an asset search and financial affidavits completed under oath by the defendants.

Fourth, if your medical expenses are paid under a governmental plan such as Medicaid or Medicare, or by a private health insurance company, each will normally have a right to be reimbursed for medical expenses it paid related to your injuries.  The last thing you need is to receive a letter several months after the accident from one of these entities, claiming they are owed thousands of dollars.  The laws governing these reimbursement rights are complicated and an experienced attorney can help you navigate through them.

For the reasons stated above, and many others, it is best to consult with an Orlando personal injury attorney following an accident, even those that seem “simple and straightforward.”

Barry K. Baker, Esq., is an experienced personal injury attorney with Bogin, Munns, & Munns, P.A., a full service law firm with offices in Orlando, Clermont, Kissimmee, Deltona, Daytona Beach, Ocala, Melbourne, Gainesville, and Leesburg, Florida.  Mr. Baker works out of the Melbourne office of the firm and welcomes questions and comments regarding the above and can be reached at bbaker@boginmunns.com

NO LEGAL ADVICE: This blog entry is not intended as legal advice nor should you consider it as such. It is intended only as general information.  You should not act upon this information without retaining professional legal counsel. Please keep in mind that merely subscribing to or reading this blog or otherwise contacting Bogin Munns & Munns, P.A. in the manner that you have will not establish an attorney-client relationship with our firm. Bogin Munns & Munns, P.A. cannot represent you until the firm knows there would not be a conflict of interest, and the firm determines that it is otherwise able to accept the engagement. The engagement would also be confirmed by a written agreement.

Florida has adopted and codified the concept of “comparative fault” in Florida Statute Section 768.81. This means that any fault chargeable to the Plaintiff diminishes proportionately the amount of economic and noneconomic damages that a Plaintiff may recover from a jury, but does not bar recovery. The trial court must then apportion a Plaintiff’s damages based upon the percentage of fault found by the jury on the Plaintiff. For example, if a jury awards a Plaintiff the amount of $50,000.00 but finds that the Plaintiff is 50% at fault, the trial court will automatically reduce the jury’s verdict down to $25,000.00.

While it is extremely rare when a jury finds that a Plaintiff is 0% at fault in a premises liability case, the comparative negligence system works well in Florida by allowing jurors to truly weigh the evidence concerning liability that is presented to them. It is also a much more fair system than in states that have adopted the system of “contributory negligence”. In these states, such as in North Carolina, if a jury finds that a Plaintiff is even 1% at fault, the Plaintiff’s claim is barred entirely.

After a premises liability incident has occurred, it is important for an injured person to timely report the incident to the property owner, store manager, etc. to ensure that it has been properly documented. Otherwise, the property owner or management company will be able to question whether or not the incident occurred- particularly if there are not any surveillance cameras in the area to document the fall. A store may ask the injured party to complete a written incident report, and if the person is physically able to complete it, the injured person should provide specific enough information to state what caused the fall. The injured person should also request a copy of this statement. However, if the property owner or store manager asks the injured person to give a recorded statement, the injured person should always decline. Also, if the injured person or others with the injured party are carrying a cell phone with a camera, it is highly recommended- particularly in slip-and-fall cases- that photos be taken of the substance that caused the injured party to fall. This is important because the Plaintiff has the burden of proof to show what caused him or her to fall, and in a slip-and-fall case, the evidence of the substance that caused the fall is cleaned up and thrown away by the property owner or by store employees almost immediately after the incident has been reported.

The injured party should also seek immediate medical treatment in the emergency room of a hospital or in a walk-in clinic to make sure that the injured party has not suffered broken bones or a life-threatening injury. In addition, the failure of the injured person to receive immediate medical treatment will allow an insurance adjuster for the property owner/store to argue that there was a delay in treatment, and therefore the injured.

– Michael Truax, Esq., is an experienced personal injury attorney with Bogin, Munns, & Munns, P.A., a full service law firm with offices in Orlando, Clermont, Kissimmee, Deltona, Daytona Beach, Ocala, Melbourne, Gainesville, and Leesburg, Florida.  He welcomes questions and comments regarding the above and can be reached at mtruax@boginmunns.com

NO LEGAL ADVICE: This blog entry is not intended as legal advice nor should you consider it as such. It is intended only as general information.  You should not act upon this information without retaining professional legal counsel. Please keep in mind that merely subscribing to or reading this blog or otherwise contacting Bogin Munns & Munns, P.A. in the manner that you have will not establish an attorney-client relationship with our firm. Bogin Munns & Munns, P.A. cannot represent you until the firm knows there would not be a conflict of interest, and the firm determines that it is otherwise able to accept the engagement. The engagement would also be confirmed by a written agreement.

Therefore, it is essential that a client see a doctor immediately following an accident.  Unfortunately, a doctor cannot assess a permanent injury in one or two visits.  Instead, the doctor must develop a treatment regime, monitor client progress, and determine if and when an injury has resolved.  Ideally, a client will be released from the doctor’s care in a relatively short period of time.  However, if the doctor finds that the injuries do not resolve themselves, then he or she may refer the client to a specialist for a second opinion and/or place the client at maximum medical improvement.  Once the doctor determines that a client is at maximum medical improvement, he or she then assigns the client a permanent impairment rating – which is particularly important to lawyers handling an auto injury case.  The doctor then drafts a narrative report which includes the doctor’s overall medical assessment, final diagnosis, and any recommendations that he or she believes may be a medical necessity for the client in the future.  This document becomes one of the most influential forms of medical evidence because it is written by a doctor within a reasonable degree of medical probability, which is often used to determine the value of your case.

Obviously, no one wants to be permanently injured in an accident.  However, if a permanent injury does occur, it is important to remember that the value of a lawsuit is strongly dependent upon a doctor’s overall diagnosis, recommendation, and estimated client medical expenses.  Therefore, compliance and cooperation with a doctor’s recommended treatment schedule is beneficial not only to one’s health, but also to an auto accident case for it assists in determining whether or not a client may recover for pain and suffering.

– Cynthia M. Thomas, Esq., is a personal injury attorney with Bogin, Munns, & Munns, P.A., a full service law firm with offices in Orlando, Clermont, Kissimmee, Deltona, Daytona Beach, Ocala, Melbourne, Gainesville, and Leesburg, Florida.  She welcomes questions and comments regarding the above and can be reached at cthomas@boginmunns.com

NO LEGAL ADVICE: This blog entry is not intended as legal advice nor should you consider it as such. It is intended only as general information.  You should not act upon this information without retaining professional legal counsel. Please keep in mind that merely subscribing to or reading this blog or otherwise contacting Bogin Munns & Munns, P.A. in the manner that you have will not establish an attorney-client relationship with our firm. Bogin Munns & Munns, P.A. cannot represent you until the firm knows there would not be a conflict of interest, and the firm determines that it is otherwise able to accept the engagement. The engagement would also be confirmed by a written agreement.

It is important to have “Full Coverage” as it is required by Florida law.  It is also important to carry other supplemental coverages in order to limit your liability if you are at fault for an auto accident and/or to provide additional coverage should you suffer an injury at the hands of an at-fault driver who has minimal or no coverage.   For example, if you are injured in a car accident as a result of someone else’s negligence then you may claim damages from the person who caused the accident.  To be eligible for such a recovery, the at-fault party must have BI coverage.

UM is a supplemental coverage option to consider that provides you the right to claim damages from an accident caused by another driver even if the other driver does not have BI or if the other driver’s BI coverage is too small to compensate your damages. UM coverage essentially insures against the negligent driver’s missing and/or inadequate BI coverage. UM provides the added peace of mind that you are more adequately covered in the event of a crash, particularly in accidents involving uninsured or underinsured drivers.

– Eric M. Petersen, Esq., is an experienced personal injury attorney with Bogin, Munns, & Munns, P.A., a full service law firm with offices in Orlando, Clermont, Kissimmee, Deltona, Daytona Beach, Ocala, Melbourne, Gainesville, and Leesburg, Florida.  Mr. Petersen welcomes questions and comments regarding the above and can be reached at epetersen@boginmunns.com .

NO LEGAL ADVICE: This blog entry is not intended as legal advice nor should you consider it as such. It is intended only as general information.  You should not act upon this information without retaining professional legal counsel. Please keep in mind that merely subscribing to or reading this blog or otherwise contacting Bogin Munns & Munns, P.A. in the manner that you have will not establish an attorney-client relationship with our firm. Bogin Munns & Munns, P.A. cannot represent you until the firm knows there would not be a conflict of interest, and the firm determines that it is otherwise able to accept the engagement. The engagement would also be confirmed by a written agreement.

Florida law consistently applies a tripartite standard to determine whether the actions fall within the course and scope of employment.  The three prongs of this well-established test are whether the conduct: (1) is the kind the employee was employed to perform; (2) occurred within the time and space limits of the employee’s employment; and (3) was activated at least in part by a purpose to serve them employment.

An Accident Report may not disclose the information needed to make this determination.  Thus, if involved in an automobile accident, it is important to note and business indications on the vehicle of the at-fault party and to listen for information indicating the party was on the job at the time of the collision.  This is the type of determination that is best sorted out by a qualified attorney that specialized in automobile accidents, as in some cases an affidavit or deposition is the only way in which to know for certain whether there is in fact another layer of possible insurance coverage.

Pam Olsen, Esq., is an experienced personal injury attorney with Bogin, Munns, & Munns, P.A., a full service law firm with offices in Orlando, Clermont, Kissimmee, Deltona, Daytona Beach, Ocala, Melbourne, Gainesville, and Leesburg, Florida.  Ms. Olsen works out of the Ocala office of the firm and welcomes questions and comments regarding the above and can be reached at polsen@boginmunns.com

NO LEGAL ADVICE: This blog entry is not intended as legal advice nor should you consider it as such. It is intended only as general information.  You should not act upon this information without retaining professional legal counsel. Please keep in mind that merely subscribing to or reading this blog or otherwise contacting Bogin Munns & Munns, P.A. in the manner that you have will not establish an attorney-client relationship with our firm. Bogin Munns & Munns, P.A. cannot represent you until the firm knows there would not be a conflict of interest, and the firm determines that it is otherwise able to accept the engagement. The engagement would also be confirmed by a written agreement.

Research the credentials of prospective lawyers.  Don’t be enticed by fancy promises and glitzy advertising when real legal answers are what you seek.  Call an experienced lawyer directly and not a 1-800 or referral service line.

– Ryan R. Munns, Esq., is a shareholder at Bogin, Munns, & Munns, P.A., a full service law firm with offices in Orlando, Clermont, Kissimmee, Deltona, Daytona Beach, Ocala, Melbourne, Gainesville, and Leesburg, Florida.  He welcomes questions and comments regarding the above and can be reached at ryan@boginmunns.com.

NO LEGAL ADVICE: This blog entry is not intended as legal advice nor should you consider it as such. It is intended only as general information.  You should not act upon this information without retaining professional legal counsel. Please keep in mind that merely subscribing to or reading this blog or otherwise contacting Bogin Munns & Munns, P.A. in the manner that you have will not establish an attorney-client relationship with our firm. Bogin Munns & Munns, P.A. cannot represent you until the firm knows there would not be a conflict of interest, and the firm determines that it is otherwise able to accept the engagement.

2. When stopping at a traffic light and the light changes to green, use the “5 Second Rule” and WAIT 5 SECONDS BEFORE PROCEEDING.

3. Leave a safe distance between your car and others. A general rule is for every 10 miles per hour of speed, LEAVE AT LEAST ONE CAR LENGTH SPACE BETWEEN YOUR VEIDCLE AND THE VEHICLE AHEAD.

4. Maintain a CONSTANT SPEED. Don’t continually slow down or speed up.

5. DO NOT encourage or participate in AGGRESSIVE DRIVING.

6. PROPERLY MAINTAIN YOUR VEIDCLE, including checking the tire pressure and tire condition.

7. ADJUST THE SEATS AND MIRRORS.

8. Be aware of road conditions and REDUCE YOUR SPEED BELOW THE SPEED LIMIT if the road conditions warrant doing so.

9. KEEP YOUR LIGHTS ON at dusk and dawn and during the rain.

10. DO NOT DRINK AND DRIVE! DO NOT TEXT AND DRIVE!

11. LOOK AS FAR AHEAD AS POSSIBLE WHILE DRIVING. This will give you the maximum amount of time to react. Keep your eyes moving; do not fix your eyes on only one spot.

12.  MAKE CERTAIN CHILDREN ARE PROPERLY RESTRAINED in the back seat so they will not be a distraction.

13.  AVOID BEING LATE and you will decrease the chances of careless driving.

14.  PULL OVER when using your cell phone.

15.  PULL OVER when picking up items from the floor.

16.  PULL OVER when checking maps, changing music, eating or engaging in personal grooming.

– Ranier F. Munns, Esq., is a managing shareholder of Bogin, Munns, & Munns, P.A., a full service law firm with offices in Orlando, Clermont, Kissimmee, Deltona, Daytona Beach, Ocala, Melbourne, Gainesville, and Leesburg, Florida.  He welcomes questions and comments regarding the above and can be reached at ranier@boginmunns.com.

NO LEGAL ADVICE: This blog entry is not intended as legal advice nor should you consider it as such. It is intended only as general information.  You should not act upon this information without retaining professional legal counsel. Please keep in mind that merely subscribing to or reading this blog or otherwise contacting Bogin Munns & Munns, P.A. in the manner that you have will not establish an attorney-client relationship with our firm. Bogin Munns & Munns, P.A. cannot represent you until the firm knows there would not be a conflict of interest, and the firm determines that it is otherwise able to accept the engagement.

An accurate update is very important because, without it, you might not have insurance available when you need it. If critical information is omitted on the renewal, the insurance company may be allowed to cancel, or void, your coverage without you ever knowing about it. This means that when you get in an accident, and need your benefits, you would be told by your insurance company that you were not covered, and you are on your own, even though you faithfully, continually paid premiums.

One important piece of information for the update is the identity of the people who live with you, who are potential drivers. The insurance company uses this to determine how much risk they are assuming by insuring you, and how much your premium payment should be. Even if you believe that an individual in your home will never actually drive your car, the insurance company often wants you to identify them if they are over a certain age.

This issue is illustrated in Carol A. Abrams v. General Insurance Company, Inc. (508 So. 2d 436 (Fla. 3d DCA 1987). In that case, Mrs. Abrams filled out a renewal form for her car insurance company. The form included a request for the names of all drivers in her household. Since the time of  Mrs. Abrams’ original application, her son had turned 16 years old and became a licensed driver. Unfortunately, Mrs. Abrams did not list her son’s name on the renewal form. Subsequently, her son was involved in an automobile accident while driving her car.

The appellate court decided that Mrs. Abrams made a material misrepresentation to her insurance company, by failing to identify her son as a driver in her household, which meant that he was not entitled to insurance coverage for that accident.

Mrs. Abrams learned that it is very important to take your time, and carefully review any requests for information from insurance companies. The wrong answer, or omission of an answer, can lead to no insurance when you really need it.

– William Galione, Esq., is an experienced personal injury attorney with Bogin, Munns, & Munns, P.A., a full service law firm with offices in Orlando, Clermont, Kissimmee, Deltona, Daytona Beach, Ocala, Melbourne, Gainesville, and Leesburg, Florida.  Mr. Galione works out of the Gainesville office of the firm and welcomes questions and comments regarding the above and can be reached at wgalione@boginmunns.com .

NO LEGAL ADVICE: This blog entry is not intended as legal advice nor should you consider it as such. It is intended only as general information.  You should not act upon this information without retaining professional legal counsel. Please keep in mind that merely subscribing to or reading this blog or otherwise contacting Bogin Munns & Munns, P.A. in the manner that you have will not establish an attorney-client relationship with our firm. Bogin Munns & Munns, P.A. cannot represent you until the firm knows there would not be a conflict of interest, and the firm determines that it is otherwise able to accept the engagement. The engagement would also be confirmed by a written agreement.

The Examination Under Oath may take place at a Court Reporter’s office or your attorney’s office.  There will be a Court Reporter present.  You will be asked questions by an insurance adjuster or one of the insurance company’s attorneys.  Your attorney can and should be present.   Your attorney is not allowed to make objections.  Nonetheless, your attorney will still be able to ensure that your interests are protected within this environment.  You are required to answer the questions posited to you.  Do not answer these questions lightly.   Be truthful and be smart.  Below are some tips for answering questions at an Examination Under Oath:

1. Limit your answers to the question asked.
2. Do not volunteer information.
3. Do not answer questions that you don’t understand.  It is okay to ask the examiner to clarify or repeat a question.
4. Do not guess.  If you don’t know, say you don’t know.  If you need to look at documents, such as your doctor’s records, in order to answer a question asked; tell the examiner that you cannot answer the question unless you are provided with the document.
5. Take a break if you need it.

An Examination Under Oath sounds innocuous, but it can have serious consequences beyond your personal injury protection claim.  Remember that your personal injury protection insurer is likely the same company that provides your uninsured motorist coverage.  Insurance companies can and will use the information they obtain in an Examination Under Oath to evaluate other claims you have with the insurance company.   Take an Examination Under Oath seriously.   You personal injury case may depend on it.

– Aaryn Fuller, Esq., is an experienced personal injury attorney with Bogin, Munns, & Munns, P.A., a full service law firm with offices in Orlando, Clermont, Kissimmee, Deltona, Daytona Beach, Ocala, Melbourne, Gainesville, and Leesburg, Florida.  She welcomes questions and comments regarding the above and can be reached at afuller@boginmunns.com.

NO LEGAL ADVICE: This blog entry is not intended as legal advice nor should you consider it as such. It is intended only as general information.  You should not act upon this information without retaining professional legal counsel. Please keep in mind that merely subscribing to or reading this blog or otherwise contacting Bogin Munns & Munns, P.A. in the manner that you have will not establish an attorney-client relationship with our firm. Bogin Munns & Munns, P.A. cannot represent you until the firm knows there would not be a conflict of interest, and the firm determines that it is otherwise able to accept the engagement.

In 2003, Florida was ranked number 4 among the 50 states with the worst fatal crash rate.  In 2008, 4 of the 10 deadliest hotspots for teen fatalities among the 50 largest metro areas were found in Florida.  In 2007, 306 15 to 19 year olds in Florida died in traffic crashes and 25,465 were injured.  About 42% of those killed were driving.

The Center for Disease Control reports that more than half of all teen car accidents occur on the weekend (Friday, Saturday and Sunday).  Furthermore, we know the causes for a teen’s increased risk of being involved in a crash.  Research shows that inexperience and immaturity combined with speed, drinking and driving, not wearing seat belts, distracted driving (cell phone use, loud music, other teen passengers, etc.), drowsy driving, nighttime driving, and other drug use contribute to this increased risk for our teenagers.

The statistics are harsh.  However, there are steps we as parents can take to minimize our teenagers’ risk of accident related injuries.  Suggested safety rules for teen drivers as provided by the NHTSA are:

• Absolutely no alcohol (no exceptions)
• Always buckle up (In Florida, it is the law!!)
• NO TALKING OR TEXTING while driving ( the risk of a crash or near crash is 23.2 times more likely when texting and reaction time is slowed by 35% when reading or writing a text … this applies to adults as well!!!) – Parents:  look into purchasing Apps available for your teens cell phones that prevent texting while driving)
• Curfew:  Car back in the driveway by 10 p.m. (and make sure there are real consequences when teens break curfew)
• Passengers:  No more than one at all times (this simple rule has saved many lives according to the NHTSA)

There are additional rules that save lives:  no speeding, not riding in a vehicle where the driver has been drinking, avoiding distractions like eating, changing the radio, applying make-up while driving.

Parents talk to your kids about the dangers of driving, stick to your rules and invest in technology to block texting while driving, because unfortunately, some kids won’t make it home.

– Alida Darias, Esq., is an experienced personal injury attorney with Bogin, Munns, & Munns, P.A., a full service law firm with offices in Orlando, Clermont, Kissimmee, Deltona, Daytona Beach, Ocala, Melbourne, Gainesville, and Leesburg, Florida.  Ms. Darias works out of the Clermont office of the firm and welcomes questions and comments regarding the above and can be reached at adarius@boginmunns.com

NO LEGAL ADVICE: This blog entry is not intended as legal advice nor should you consider it as such. It is intended only as general information.  You should not act upon this information without retaining professional legal counsel. Please keep in mind that merely subscribing to or reading this blog or otherwise contacting Bogin Munns & Munns, P.A. in the manner that you have will not establish an attorney-client relationship with our firm. Bogin Munns & Munns, P.A. cannot represent you until the firm knows there would not be a conflict of interest, and the firm determines that it is otherwise able to accept the engagement. The engagement would also be confirmed by a written agreement.

Your first and best way to select an attorney is to ask someone you know if they have ever used an attorney that they liked, and what is that person’s name and number.  Even better, if you know an attorney that cannot help you because they do not practice in the area you need, ask that attorney for a referral.  If your contacts are not attorneys themselves, or have not used an attorney, they may know someone that has.  In that case you should speak with that person that used the attorney personally to find out their experience.

Once you have found an attorney that comes recommended by someone you trust then you can do some basic research about them and their firm on the internet.  If you find that information is consistent with what you need, then it is time to set up an appointment with the attorney to see if they can help you.  Most personal injury lawyers in Orlando will not charge you a fee to meet with you if you have a case they can work on a contingency (that means they get a percentage of whatever you recover at the end of the case).  You should know that attorneys that bill by the hour will almost always charge you a fee to meet with you and that is because they do not work on contingency.

When you set up your appointment you should ask some questions.  First, inquire whether you will be meeting with the attorney personally or with someone on their staff.  It is perfectly fine to meet with their staff first in order to allow the meeting to be setup more quickly, but you should be able to also meet with an attorney soon and have any and all of your questions answered.  Second, find out what you should bring.  If you can, take photographs of the scene, injuries, and/or the car(s) involved (if an automobile crash) and give them to your attorney.  Also, any police report, incident report or other paperwork will be very useful to your attorney.  If you have seen a doctor, a card or bill with that doctor’s name and address is also important.

Once you are at your meeting, remember that what you tell your lawyer or his staff is privileged and so you should be completely honest.  Do not hold any information back.  Failing to tell your lawyer about prior injuries or accidents can severely affect how well the lawyer will be able to help you.  Additionally, if you think the accident may have been partially your fault, now is the time to tell the lawyer and ask.  The lawyer and his staff should take the time to find out not only about the accident you are seeing him for, but also any and all prior accidents you have had, your medical condition before the accident, and your medical condition after the accident.  He should also inquire about whether you have lost income as a result of the accident, and if so, where you have been working and how long, and how much you were making.  Finally the lawyer should ask about who is treating you for the injuries you sustained in this accident, and if you do not have a doctor, he can very likely help you find a doctor that can help you get better.

Many times people are very concerned about their cars and how they are going to get fixed, but that is usually not a big problem.  Insurance companies use some of the same tools you find on the internet to value your car, and you can search sites like, www.kellybluebook.com to find out if they are giving you a fair offer.  If you need the lawyer to help you with your property damage claim as well then you should be sure to tell him.

In summary, remember that you should always ask people you know and trust who they have used when selecting a personal injury lawyer.  Once you have done that you should learn what you can off the internet about that lawyer, and once you have decided who you want to use, be completely open and honest with that lawyer.

– Mark Cornelius, Esq., is an experienced personal injury attorney and shareholder with Bogin, Munns, & Munns, P.A., a full service law firm with offices in Orlando, Clermont, Kissimmee, Deltona, Daytona Beach, Ocala, Melbourne, Gainesville, and Leesburg, Florida.  Mr. Cornelius works out of the Orlando office of the firm and welcomes questions and comments regarding the above and can be reached at mark@boginmunns.com

NO LEGAL ADVICE: This blog entry is not intended as legal advice nor should you consider it as such. It is intended only as general information.  You should not act upon this information without retaining professional legal counsel. Please keep in mind that merely subscribing to or reading this blog or otherwise contacting Bogin Munns & Munns, P.A. in the manner that you have will not establish an attorney-client relationship with our firm. Bogin Munns & Munns, P.A. cannot represent you until the firm knows there would not be a conflict of interest, and the firm determines that it is otherwise able to accept the engagement. The engagement would also be confirmed by a written agreement.

The private cause of action originates from Florida Statute Section 381.004, which prohibits the disclosure of a patient’s HIV status without their consent. This statute applies to medical providers, employees of health facilities, insurance companies, and any other person or entity that has a “need to know” the results of the testing.  The legislative intent section contained in the statute states that in order to encourage persons to undergo HIV testing, they must have explicit protection against a disclosure of their HIV status without their consent.  The statute states, in pertinent part:

…[T]he identity of any person upon whom a test has been performed and test results are confidential…no person who has obtained or has knowledge of a test result pursuant to this section may disclose or be compelled to disclose…the results of such a test…

Up until 2007, a violation of this statute was handled within the confines of an administrative disciplinary action against a health care provider’s license.  However, the Florida Supreme Court, in the case of Florida Department of Corrections v. Abril, 969 So.2d 201 (Fla. 2007), clarified that a violation of this statute’s confidentiality provisions entitled the person whose privacy was violated to file a civil lawsuit and recover money damages directly from the violator.  The facts in the Abril case involved a nurse who had given unprotected CPR to a prison inmate.  A blood sample was sent to a laboratory for testing, and the positive results were faxed back to the nurse’s employer to an unsecured fax machine.  The results were read by a number of the nurse’s co-workers who had absolutely no business knowing her HIV status.  While the test was later determined to be a “false positive,” the nurse had endured unimaginable pain and suffering caused by the initial disclosure and she sued her employer. The Florida Supreme Court affirmed her right to bring such a lawsuit, holding:

…[A]n entity that negligently and unlawfully violates a patient’s right of confidentiality and privacy in disclosing the results of HIV testing…may be held responsible in a civil negligence action for damages caused to the patient…

In light of these protections, a person should feel confident that the State of Florida has taken definite steps to protect their HIV status against wrongful disclosure.

- Barry K. Baker, Esq., is an experienced personal injury attorney with Bogin, Munns, & Munns, P.A., a full service law firm with offices in Orlando, Clermont, Kissimmee, Deltona, Daytona Beach, Ocala, Melbourne, Gainesville, and Leesburg, Florida.  Mr. Baker works out of the Melbourne office of the firm and welcomes questions and comments regarding the above and can be reached at bbaker@boginmunns.com

NO LEGAL ADVICE: This blog entry is not intended as legal advice nor should you consider it as such. It is intended only as general information.  You should not act upon this information without retaining professional legal counsel. Please keep in mind that merely subscribing to or reading this blog or otherwise contacting Bogin Munns & Munns, P.A. in the manner that you have will not establish an attorney-client relationship with our firm. Bogin Munns & Munns, P.A. cannot represent you until the firm knows there would not be a conflict of interest, and the firm determines that it is otherwise able to accept the engagement. The engagement would also be confirmed by a written agreement.

According to the Justice Department under President George W. Bush, the number of federal tort (personal injury) cases resolved in U.S. District courts fell by 79 percent between 1985 and 2003.  In 1985, 3,600 tort trials were decided by a judge or jury in U.S. District Courts.  By 2003, the number fell to less than 800.[1] Furthermore, the most recent statistics from the Administration’s Bureau of Justice Statistics indicate that the number of tort trials at the state level has also decreased.[2]

Health care costs are undeniably rising, but medical malpractice litigation has nothing to do with it.  According to the Congressional Budget Office, medical malpractice claims amounted to less than 2 percent of overall health care spending.[3] The Government Accountability Office also found that malpractice cases have not widely affected access to health care.[4] Interestingly, the American Medical Association reports that the overall number of physicians is up more than 40 percent since 1990.  During this same period, the U.S. population increased by only 18 percent.[5] The insurance companies would have us believe that the due to out of control medical malpractice lawsuits, the number of emergency physicians, neurosurgeons, and OB/GYNs has decreased, but the facts simply do not support this conclusion.

Corporations, large and small, are all entitled to have profitable businesses.  Most do so without being negligent or engaging in misconduct.  However, when a customer or other person is injured as a result of a business’s negligence or misconduct, the injured party should continue to have the right to redress their claim, even if that requires a lawsuit to be filed.  Big corporations and insurance companies want to destroy the legal system so they can’t be held accountable.

Drug, oil, and insurance companies have tried to hide behind small business owners to accomplish this by claiming that these lawsuits should be thwarted or prohibited by law due to their adverse impact on small business.  However, multiple surveys have shown that lawsuits are simply not a major concern for small business owners.  In fact, a survey from the National Association of Manufacturers suggests that “lawsuit abuse” ranks at the bottom of concerns for manufacturers.[6] Further, a 2008 survey from National Federation of Independent Business had similar results, with “costs and frequency of lawsuits / threatened suits” ranking 65th on a list of small business owners’ worries.[7]

In reality a strong civil justice system allows deserving individuals to get justice and hold wrongdoers accountable.  Civil justice attorneys work to make sure all people have a fair chance through the legal system – even when it means taking on the most powerful corporations, including insurance companies.

Finally, those looking to destroy the civil justice, particularly insurance companies, have continually mocked Stella Liebeck and the McDonald’s coffee case.  Unfortunately, the actual facts of this case make it no laughing matter.  Ms. Liebeck’s injuries include third degree burns to her groin, inner thighs, and buttocks.  She was hospitalized for eight days, during which time she underwent skin grafting and surgical removal of tissue.  Ms. Liebeck sought to settle her claim with McDonald’s for $20,000, but they refused and as a result of that refusal to accept responsibility for what happened, a lawsuit was filed.  During the discovery phase of that lawsuit, McDonald’s eventually produced documents showing more than 700 claims by people burned by its coffee between 1982 and 1993; some involving third degree burns similar to Ms. Liebeck.  This history documented McDonald’s knowledge about the extent and nature of this hazard.  Further, McDonald’s own quality assurance manager testified that a burn hazard exists with any food served above 140 degrees, but that nonetheless McDonald’s  coffee was kept at a temperature of 185 degrees in order to store larger quantities for a longer period of time and thus save McDonald’s money.

A jury awarded Ms. Liebeck $200,000 in compensatory damages, but reduced it to $160,000 because they found her 20 percent at fault for the spill.  The jury also awarded her $2.7 million in punitive damages, equal to two days of McDonald’s coffee sales.  The court eventually reduced this award to $480,000, even though the trial judge called McDonald’s conduct reckless, callous, and willful.  Jurors in this trial expressed similar sentiments in interviews after the trial.  Ms. Liebeck and McDonald’s eventually entered a post-verdict settlement.

In conclusion, do not fall for myths.  The facts are out there if you look.  If you receive emails or are told by friends about “crazy” lawsuits or verdicts, look them up.  More often than not the story has been exaggerated.  Our civil justice system is the best in the world in protecting consumers.  It has lead to safety reforms and innovations that have not only made our products safer, but have ultimately led to the creation of new jobs and a better civilization.  If you believe otherwise, all you have to do is to look at other countries.  We should not change our system.  We can strive to improve it, but when change is proposed look carefully at who most will profit with these changes and more times than not, it will be insurance companies.

– Scott Zirkle, Esq., is a personal injury attorney with Bogin, Munns, & Munns, P.A., a full service law firm with offices in Orlando, Clermont, Kissimmee, Deltona, Daytona Beach, Ocala, Melbourne, Gainesville, and Leesburg, Florida.  Mr. Zirkle welcomes questions and comments regarding the above and can be reached at szirkle@boginmunns.com

NO LEGAL ADVICE: This blog entry is not intended as legal advice nor should you consider it as such. It is intended only as general information.  You should not act upon this information without retaining professional legal counsel. Please keep in mind that merely subscribing to or reading this blog or otherwise contacting Bogin Munns & Munns, P.A. in the manner that you have will not establish an attorney-client relationship with our firm. Bogin Munns & Munns, P.A. cannot represent you until the firm knows there would not be a conflict of interest, and the firm determines that it is otherwise able to accept the engagement. The engagement would also be confirmed by a written agreement.

[2] Civil Trial Cases and Verdicts in Large Counties, 2001, Bureau of Justice Statistics.  4/2004

[3] Limiting Tort Liability for Medical Malpractice.  Congressional Budget Office.  01/08/2004

[4] Medical Malpractice:  Implications of Rising Premiums on Access to Health Care.  GAO 09/29/2003

[5] Physician Characteristics and Distribution in the U.S., American Medical Association, 2006 edition, p.312

[6] National Manufacturing Week 2006 Annual Survey Results, National Association of Manufacturers, http//www.nam.org/s_nam/dov1.asp?CID=6&DID=236617

[7] Small Business Problems and Priorities.  National Federation of Independent Business.  http//www.nfib.com/object/2008problemspriorities.html

In addition, Florida Statute Section 316.613 (1) (a) states that every operator of a motor vehicle as defined herein, while transporting a child in a motor vehicle operated on the roadways, streets, or highways of this state, shall, if the child is 5 years of age or younger, provide for protection of the child by properly using a crash-tested, federally approved child restraint device. For children aged through 3 years, such restraint device must be a separate carrier or a vehicle manufacturer’s integrated child seat. For children aged 4 through 5 years, a separate carrier, an integrated child seat, or a seat belt may be used.

In July, 2009, the Florida legislature amended Florida Statute Section 316.614 (8) to remove language that previously allowed a motorist to be cited for a seatbelt violation only if a driver had first been detained for violating another motor vehicle law. Now, a motorist can actually be detained and cited for not wearing a seatbelt even if he/she is not cited for committing any other violation.

In addition to monetary penalties imposed for violation of Florida Statute Section 316.614, failure to comply with this seatbelt law can and will be used against you by an at-fault driver and his/her liability insurance carrier in your negligence claim for injuries- even if that at-fault driver was cited for causing the collision. Florida Statute 316.614 (10) states that while failure to wear your seatbelt will not constitute negligence per se, nor shall such violation be used as prima facie evidence of negligence or be considered in mitigation of damages, such violation may be considered as evidence of comparative negligence, in any civil action. The practical effect is that a jury in a negligence lawsuit can find you up to 50% at fault for the cause of your injuries if you were not wearing your seatbelt at the time of your motor vehicle accident. If that occurs, the amount that a jury awards you will automatically be cut by the percentage of fault that a jury finds you for not wearing your seatbelt.

Regardless, under Florida case law a Defendant in a lawsuit still has the burden of pleading and proving that you did not use an available and operational seatbelt, that your failure to use the seatbelt was unreasonable under the circumstances, and that there was a causal relationship between the injuries that you sustained and your failure to buckle up. The Defendant has the burden of proof in providing “competent evidence” of this causal relationship that is not uncertain, speculative, or conjectural because that is the evidentiary standard applicable to Plaintiffs for establishing their damages. Often times, liability insurance adjusters for the at-fault driver fail to offer any substantial, competent evidence to show this causal connection. It is obviously much easier for the at-fault party to show a causal connection between your non-use of a seatbelt to a facial or head injury than it is if you have sustained an internal injury, such as an injury to your spine.

For practical and legal reasons, don’t forget to make sure you and your passengers buckle up!

The process of a typical motor vehicle accident case is often very difficult to explain to a victim because an innocent victim just cannot comprehend why the law would require them to prove the extent of their injuries and damages when they have done nothing wrong to cause this difficult misfortune upon themselves.  They are also very confused as to why the law would protect the rights of the at-fault party.  Yes, the at-fault party does have legal defenses along with the innocent victim’s possible right for recovery!  Worse yet, there are even some instances where the at-fault party may even escape financial responsibility while leaving a lifelong injury to an innocent victim.  Sadly, an automobile accident like life just isn’t always fair.  While the law does make every reasonable effort to assist those injured parties whose life has just been placed in ruin by another, it also does set forth very specific and solid guidelines with regard to victim’s compensation.   As unfair as it may seem, the fact is that the burden of proving pain and suffering does fall on the victim and they must prove what they have lost is a legal and justifiable injury/damage caused by the auto accident to be awarded compensation.  Unfortunately, most victims’ whether they receive money or not will rarely ever feel that have been justly compensated for their loss.  Victims of motor vehicle accidents may always bare the horrible consequences of permanent, crippling injury and sadly…sometimes it may even change their life forever…regardless of any amount of money received from a negligent party.

– Cynthia M. Thomas, Esq., is a personal injury attorney with Bogin, Munns, & Munns, P.A., a full service law firm with offices in Orlando, Clermont, Kissimmee, Deltona, Daytona Beach, Ocala, Melbourne, Gainesville, and Leesburg, Florida.  She welcomes questions and comments regarding the above and can be reached at cthomas@boginmunns.com

NO LEGAL ADVICE: This blog entry is not intended as legal advice nor should you consider it as such. It is intended only as general information.  You should not act upon this information without retaining professional legal counsel. Please keep in mind that merely subscribing to or reading this blog or otherwise contacting Bogin Munns & Munns, P.A. in the manner that you have will not establish an attorney-client relationship with our firm. Bogin Munns & Munns, P.A. cannot represent you until the firm knows there would not be a conflict of interest, and the firm determines that it is otherwise able to accept the engagement. The engagement would also be confirmed by a written agreement.

The Statute imposes absolute liability upon the dog owner when the dog-bite victim is in a public place or lawfully on or in a private place except when the dog is carelessly or mischievously provoked or when the owner displays in a prominent place on the premises a sign easily readable including the words “Bad Dog.”  The presence of this sign does not apply to a person under the age of 6.

By displaying a proper “bad dog” sign, an owner may escape liability.  However, this defense maybe attacked in several ways.  First, it may be that the sign(s) were not in a prominent place, were not easily readable, or did not include the exact words “bad dog.”   Second, the statutory language does contain a qualifier that bypasses the sign defense if damages “are proximately caused by a negligent act or omission of the owner.”  For example, if an owner tells a visitor to ignore the sign, or indicates that the dog is not dangerous, the defense of the sign may not apply.

It is important when bitten by a dog to notify the owner immediately, notify animal control officials, photograph the bite, and seek medical attention.  The counsel of qualified legal representation is advisable as soon as possible after the bite, especially in cases of severe damage.

Pam Olsen, Esq., is an experienced personal injury attorney with Bogin, Munns, & Munns, P.A., a full service law firm with offices in Orlando, Clermont, Kissimmee, Deltona, Daytona Beach, Ocala, Melbourne, Gainesville, and Leesburg, Florida.  Ms. Olsen works out of the Ocala office of the firm and welcomes questions and comments regarding the above and can be reached at polsen@boginmunns.com

NO LEGAL ADVICE: This blog entry is not intended as legal advice nor should you consider it as such. It is intended only as general information.  You should not act upon this information without retaining professional legal counsel. Please keep in mind that merely subscribing to or reading this blog or otherwise contacting Bogin Munns & Munns, P.A. in the manner that you have will not establish an attorney-client relationship with our firm. Bogin Munns & Munns, P.A. cannot represent you until the firm knows there would not be a conflict of interest, and the firm determines that it is otherwise able to accept the engagement. The engagement would also be confirmed by a written agreement.

Florida Courts, traditionally, have said that the owner of a motor vehicle is responsible for accidents and injuries caused by that vehicle, even when the vehicle is driven by a friend or family member. The courts have gone so far as to state that when a vehicle is used negligently, it becomes a “dangerous instrumentality” on the roadway.

For years, rental car companies were held to that standard, and they shared in the responsibility for accidents caused by vehicles that they owned. This changed dramatically on August 10, 2005, when a new federal highway improvement law was enacted (The Safe, Accountable, Flexible, Efficient Transportation Equity Act, 49 U.S.C. sec. 30106). This is a federal law, designed, in part, to improve roadways, which also included an amendment protecting rental car companies. The rental car companies were no longer responsible for damage done by their drivers, and lawsuits were not allowed against the companies.

Of course, there was an exception to this new rule, which is currently being litigated in courts across the country, including the Florida Supreme Court. The protection of these companies was limited in certain states;  in some states, you could continue to sue the company, and in others, you could not. In the first year following this new law, the Florida trial courts were divided on whether you could still sue a rental car company in our state. Some courts allowed lawsuits, some did not.

In law school, we learn that there are 2 sides to every argument. So, here is the reasoning behind the 2 sides of the argument. Those who support the federal law are concerned about holding the vehicle owner responsible, when it is an individual driver who caused the accident. In addition, they believe that the rental and leasing industry is important, and needs to be protected.

The side that opposes the federal law believes that it is an unfair stretch of federal power, and interferes with state laws and state rights. Traditionally, concepts like negligence and responsibility for accidents have been a part of the state law system. Also, this side believes that the victim of the accident needs to be protected, and preventing lawsuits against the owner of the vehicle could result in victims suffering significant medical expenses and pain and suffering, with no adequate remedy.

Currently, the application of this law is being challenged in the Vargas case (Rafael Vargas v. Enterprise Leasing Co., 993 So. 2d 614 (Fla. 4^th DCA  2008)) which was heard by the Florida Supreme Court on March 1, 2010. This case has already been presented to a trial court and an appellate court in Florida. Both courts have agreed with Enterprise, and ruled that a lawsuit against the company was not allowed.

Now, we wait and see what the Court has to say. Unless they decide to overrule the appellate court, rental car companies, not victims, will continue to be protected in Florida.

William Galione, Esq., is an experienced personal injury attorney with Bogin, Munns, & Munns, P.A., a full service law firm with offices in Orlando, Clermont, Kissimmee, Deltona, Daytona Beach, Ocala, Melbourne, Gainesville, and Leesburg, Florida.  Mr. Galione works out of the Gainesville office of the firm and welcomes questions and comments regarding the above and can be reached at wgalione@boginmunns.com .

NO LEGAL ADVICE: This blog entry is not intended as legal advice nor should you consider it as such. It is intended only as general information.  You should not act upon this information without retaining professional legal counsel. Please keep in mind that merely subscribing to or reading this blog or otherwise contacting Bogin Munns & Munns, P.A. in the manner that you have will not establish an attorney-client relationship with our firm. Bogin Munns & Munns, P.A. cannot represent you until the firm knows there would not be a conflict of interest, and the firm determines that it is otherwise able to accept the engagement. The engagement would also be confirmed by a written agreement.

Any inaccurate or incomplete response to the questions on your insurance application may constitute a material misrepresentation. The most common misrepresentation is the failure to list all of the people living in your residence.  Insurance companies do not have a certain period of time to discover or notify you of the material misrepresentation.  Typically insurers discover material misrepresentations once you make a claim for insurance coverage.   It is possible and very common for someone to pay insurance premiums for years only to have their insurance company void their insurance coverage once a claim is made.  A material misrepresentation can cause you to be uninsured when you need insurance the most.

Do not think you have insurance coverage, know you have insurance coverage.  If you are applying for insurance, answer all of the questions on the application completely.  Do not dismiss questions as being unimportant.  Do not believe a representative that tells you certain information is not necessary.  Provide all of the information requested on the insurance application.  Retain a copy of the insurance application and the business card of the insurance agent for your records.  Once you have insurance, review the insurance policy to make sure it accurately reflects the information you provided to the insurance company.  If not, notify the insurance company of the errors in writing.

If you already have insurance, request a copy of your insurance application from all of your insurance companies.  Review your responses.  If there is any information that is incomplete or has changed, send your insurance company a letter correcting or supplementing your insurance application.  These changes may result in your insurance premiums increasing or your insurance company declining coverage.  However, it is better to pay more or get new insurance than to have an insurance policy that may be voided.

– Aaryn Fuller, Esq., is an experienced personal injury attorney with Bogin, Munns, & Munns, P.A., a full service law firm with offices in Orlando, Clermont, Kissimmee, Deltona, Daytona Beach, Ocala, Melbourne, Gainesville, and Leesburg, Florida.  She welcomes questions and comments regarding the above and can be reached at afuller@boginmunns.com.

NO LEGAL ADVICE: This blog entry is not intended as legal advice nor should you consider it as such. It is intended only as general information.  You should not act upon this information without retaining professional legal counsel. Please keep in mind that merely subscribing to or reading this blog or otherwise contacting Bogin Munns & Munns, P.A. in the manner that you have will not establish an attorney-client relationship with our firm. Bogin Munns & Munns, P.A. cannot represent you until the firm knows there would not be a conflict of interest, and the firm determines that it is otherwise able to accept the engagement.

– Alida Darias, Esq., is an experienced personal injury attorney with Bogin, Munns, & Munns, P.A., a full service law firm with offices in Orlando, Clermont, Kissimmee, Deltona, Daytona Beach, Ocala, Melbourne, Gainesville, and Leesburg, Florida.  Ms. Darias works out of the Clermont office of the firm and welcomes questions and comments regarding the above and can be reached at adarius@boginmunns.com

NO LEGAL ADVICE: This blog entry is not intended as legal advice nor should you consider it as such. It is intended only as general information.  You should not act upon this information without retaining professional legal counsel. Please keep in mind that merely subscribing to or reading this blog or otherwise contacting Bogin Munns & Munns, P.A. in the manner that you have will not establish an attorney-client relationship with our firm. Bogin Munns & Munns, P.A. cannot represent you until the firm knows there would not be a conflict of interest, and the firm determines that it is otherwise able to accept the engagement. The engagement would also be confirmed by a written agreement.

The second element that is required is that you have to have damages.  Generally in my personal injury practice this means you have to be injured as a result of the liability mentioned above.  If you were in an automobile accident with no damage to you or the car, you have no claim regardless of how wrong it was for the other driver to have run into you.

The third element is some source of money to pay for the damages.  If you were rear ended by someone going 100 miles per hour, and have a broken leg and a broken arm, but the person that hit you has no insurance, no money, and you have no uninsured motorist coverage, you have no way to recover on your claim.  Certainly you would be entitled to take that person to court (which could cost thousands of dollars).  You would get a piece of paper called a judgment that would say that person owes you lots of money, but you could not get that person to pay you money they do not have.

– Mark Cornelius, Esq., is an experienced personal injury attorney and shareholder with Bogin, Munns, & Munns, P.A., a full service law firm with offices in Orlando, Clermont, Kissimmee, Deltona, Daytona Beach, Ocala, Melbourne, Gainesville, and Leesburg, Florida.  Mr. Cornelius works out of the Orlando office of the firm and welcomes questions and comments regarding the above and can be reached at mark@boginmunns.com

NO LEGAL ADVICE: This blog entry is not intended as legal advice nor should you consider it as such. It is intended only as general information.  You should not act upon this information without retaining professional legal counsel. Please keep in mind that merely subscribing to or reading this blog or otherwise contacting Bogin Munns & Munns, P.A. in the manner that you have will not establish an attorney-client relationship with our firm. Bogin Munns & Munns, P.A. cannot represent you until the firm knows there would not be a conflict of interest, and the firm determines that it is otherwise able to accept the engagement. The engagement would also be confirmed by a written agreement.

Many people are surprised to find out that in Florida when your name appears on the title of a motor vehicle as the owner, or as a co-owner, you subject yourself to legal liability if someone operating that motor vehicle with permission causes injuries to another person as a result of such permissive use.   Liability means that you, along with the driver and any other title owners of the motor vehicle, can be sued personally in court for damages incurred by the person(s) injured due to the fault of the driver.  This is what is known as the “dangerous instrumentality doctrine.”

Adopted in 1920 by the Florida Supreme Court, the dangerous instrumentality doctrine imposes strict liability upon the owner of a motor vehicle who voluntarily entrusts that motor vehicle to an individual whose negligent operation causes damage to another.  This type of “strict” liability means that it doesn’t matter that you were not driving the car nor had anything to do with causing the accident.  This liability is based on the theory that the person who allowed another person to operate their motor vehicle is in the best position to ensure that there will be adequate resources with which to pay an injured victim.  You may or may not agree with this theory, but it is the law in Florida, and you must take steps to protect yourself.

So how do you protect yourself from the dangerous instrumentality doctrine?  You must immediately inform your insurance company (or your insurance agent if you have one) of all motor vehicles in which you have an ownership interest. Bodily injury liability insurance is the product that will protect your personal assets. You must confirm that you have adequate bodily injury liability insurance for that motor vehicle.  What is “adequate” is based on your personal situation and should be discussed with your insurance company or agent.

It is also important to point that the dangerous instrumentality doctrine extends to motor vehicles where you appear on the title only because you helped someone with the purchase and financing of the vehicle.  There is a court case in Florida where an aunt helped her nephew like this, and had nothing more to do with the car after the purchase was completed.  However, she was later successfully sued personally as the record title owner.

You need to be careful in becoming an owner of a motor vehicle and allowing other people to operate it.  Don’t get blindsided by the dangerous instrumentality doctrine.

– Barry K. Baker, Esq., is an experienced personal injury attorney with Bogin, Munns, & Munns, P.A., a full service law firm with offices in Orlando, Clermont, Kissimmee, Deltona, Daytona Beach, Ocala, Melbourne, Gainesville, and Leesburg, Florida.  Mr. Baker works out of the Melbourne office of the firm and welcomes questions and comments regarding the above and can be reached at bbaker@boginmunns.com

NO LEGAL ADVICE: This blog entry is not intended as legal advice nor should you consider it as such. It is intended only as general information.  You should not act upon this information without retaining professional legal counsel. Please keep in mind that merely subscribing to or reading this blog or otherwise contacting Bogin Munns & Munns, P.A. in the manner that you have will not establish an attorney-client relationship with our firm. Bogin Munns & Munns, P.A. cannot represent you until the firm knows there would not be a conflict of interest, and the firm determines that it is otherwise able to accept the engagement. The engagement would also be confirmed by a written agreement.

Economic damages, which may be loosely defined as those actual costs not paid by PIP, may be presented to and recovered from the at-fault parties’ insurance companies.  Unfortunately, however, Florida law does not require an individual to carry bodily injury indemnification coverage.  This means that if the at-fault party does not have bodily insurance coverage, the injured party is left with no practical recourse.  Certainly, the mere fact that a person does not have insurance does not mean that they would not be personally liable to pay damages, but generally speaking, if they cannot afford the basic insurance required by Florida law, in all probability, they probably do not have significant assets in which to satisfy a judgment.

The answer to this situation is Uninsured Motorist Coverage.  If bodily injury indemnification coverage can be thought of as insurance coverage designed to protect strangers from acts of negligence committed by an insured driver, then uninsured motorist benefits can be thought of as insurance coverage designed to protect your family.  That is, it is designed to protect your family from folks who do not have any insurance coverage at all or who have the minimal coverage required under Florida law.

Based on recent reports, Florida ranks in the top five states for the number of uninsured motorists.  According to the Insurance Research Council, in 2007 13.8 percent of all motorists in the U.S. were uninsured, but in Florida it was 23 percent.  Further, the Insurance Research Council found a correlation between unemployment and the rate of uninsured motorists.  Therefore, it stands to reason as well as common sense that as the unemployment rate rises so do the number of uninsured motorists.

Essentially, driving on Florida roads is much like Russian roulette.  Given the statistical odds of being in a motor vehicle collision coupled with the odds that the other vehicle does not have any coverage at all or has only the minimal coverage required under Florida law, the likelihood that an accident is caused by a person without the ability to pay damages or without the ability to satisfy a judgment in court is staggering.  Accordingly, uninsured motorist coverage may be the only avenue to be fully compensated for your injuries.  For that reason, it is perhaps the most important coverage that you may have.

If you have any questions regarding your coverage, we would highly recommend that you contact your insurance carrier or agent immediately to find out for certain whether you and your family are covered by uninsured motorist coverage.  If you would like a brief overview of Florida No Fault Insurance Coverage, we would also recommend that you read our January 6, 2010 blog “Understanding Basic Florida Automobile Insurance Coverage.”

– Scott Zirkle, Esq., is a personal injury attorney with Bogin, Munns, & Munns, P.A., a full service law firm with offices in Orlando, Clermont, Kissimmee, Deltona, Daytona Beach, Ocala, Melbourne, Gainesville, and Leesburg, Florida.  Mr. Zirkle welcomes questions and comments regarding the above and can be reached at szirkle@boginmunns.com

NO LEGAL ADVICE: This blog entry is not intended as legal advice nor should you consider it as such. It is intended only as general information.  You should not act upon this information without retaining professional legal counsel. Please keep in mind that merely subscribing to or reading this blog or otherwise contacting Bogin Munns & Munns, P.A. in the manner that you have will not establish an attorney-client relationship with our firm. Bogin Munns & Munns, P.A. cannot represent you until the firm knows there would not be a conflict of interest, and the firm determines that it is otherwise able to accept the engagement. The engagement would also be confirmed by a written agreement.

An Ounce of Prevention is Worth a Pound of Cure!

As a father of four under the age of 12, I know too well that accidents happen.  Many accidents can be prevented with a little care and diligence.  Have the cockroach and rodent poisons been locked away or put out reach?  Did you tighten the loose ladder rung attached to the play structure?  Are there dead tree limbs just waiting to fall?  Does your landscaper or contractor building your new ‘Florida Room’ have adequate insurance in case of injury while on your property?

Am I Liable for the Injuries Sustained as a Result of the Accident?

This article cannot discuss every nuance of the law for every situation.  First, there is not enough room, and second, you would be bored to tears!  Generally speaking, the law imposes a ‘duty of care’ on every person who owns or possesses land in Florida.  For instance, if you give someone permission to be on your property, you owe a duty to act as a reasonable prudent person.  You must keep the premises in a safe condition, seek out any hidden dangers, and either warn about the dangers or take reasonable steps to make them safe.

For those labeled as trespassers, you owe a duty to refrain from wanton negligence or willful misconduct.  If you see the trespasser, however, you also owe a duty to warn of known dangers that are not easily discovered.  A child who is injured while trespassing may still bring suit against you if there is an ‘attractive nuisance’.  Do you have something that you know or have reason to know children are likely to be drawn toward and could result in a risk of death or serious injury? Children are curious creatures and do not always perceive the risk they are taking while exploring their environment. It is up to you to exercise reasonable care to eliminate the danger or otherwise protect the children.

Insurance…a Simple Way to Help Protect Your Hard Earned Assets!

I’m not an insurance salesman, but adequate insurance can bring peace of mind. A lawsuit can result in hundreds of thousands, or even millions of dollars in damages, not to mention the legal fees and costs.  If you have sufficient insurance and an injury claim is made, you can simply turn the problem over to the insurance carrier, who will then hire legal counsel to protect you.  Just as you should ensure you are adequately protected with automobile, health, life and disability insurance coverage, it is imperative that you have adequate premises liability insurance.  Make sure your insurance agent thoroughly explains the coverage available, including the benefits of an ‘umbrella policy’. This is one case where being penny-wise may end up being pound-foolish!

– Adam S. Towers, Esq., is a shareholder with Bogin, Munns, & Munns, P.A., a full service law firm with offices in Orlando, Clermont, Kissimmee, Deltona, Daytona Beach, Ocala, Melbourne, Gainesville, and Leesburg, Florida.  Mr. Towers manages the Gainesville office of the firm and handles business, real estate, and insurance litigation.  He welcomes questions and comments regarding the above and can be reached at atowers@boginmunns.com

NO LEGAL ADVICE: This blog entry is not intended as legal advice nor should you consider it as such. It is intended only as general information.  You should not act upon this information without retaining professional legal counsel. Please keep in mind that merely subscribing to or reading this blog or otherwise contacting Bogin Munns & Munns, P.A. in the manner that you have will not establish an attorney-client relationship with our firm. Bogin Munns & Munns, P.A. cannot represent you until the firm knows there would not be a conflict of interest, and the firm determines that it is otherwise able to accept the engagement. The engagement would also be confirmed by a written agreement.

Florida Statute Section 768.79 (2) requires a) that the Proposal for Settlement be made in writing and state that is being made pursuant to this section; b) must name the party making it and the party to whom it is being made; c) state with particularity the amount offered to settle a claim for punitive damages, if any; and d) state its total amount. Subsection (3) requires that the offer be served upon the party to whom it is made, and shall not be filed with the civil court unless it is accepted.

In negligence actions, the Proposal for Settlement Rule can be highly effective in placing pressure on opposing parties to settle lawsuits prior to trial. The Florida legislature’s intent in creating Proposals for Settlement may have in fact been to promote judicial efficiency by reducing trial dockets. However, while the Proposal for Settlement law appears to be fair on its face, the consequences of its enforcement are not equitable. Many Plaintiffs who are injured in negligence claims do not have the resources to satisfy a Defendant’s attorney’s fees and costs if a Proposal for Settlement is not met from a jury verdict. If an individual Plaintiff cannot afford to pay a Defendant’s attorney’s fees and costs, the civil court will impose a cost judgment against the Plaintiff which will accrue interest at the percentage rate set by the civil court for the given year. This can adversely affect a Plaintiff’s credit, and has even driven some Plaintiffs into bankruptcy. These effects only add insult to the Plaintiff’s injuries, which were often caused through no fault of his or her own. A corporate Defendant, in particular, will likely be in a much better financial position to satisy a Plaintiff’s attorney’s fees and costs. While none of my clients have experienced the adverse consequences of a Proposal for Settlement that was not met, this law forces both parties, but particularly the Plaintiff, to prudently consider a Proposal for Settlement and to understand the true value of his or her case. It is my goal to make sure that each of my clients understands the strengthens and weaknesses of his or her case in order to make an informed decision as to whether to accept a Proposal for Settlement or to proceed to trial.

– Michael Truax, Esq., is an experienced personal injury attorney with Bogin, Munns, & Munns, P.A., a full service law firm with offices in Orlando, Clermont, Kissimmee, Deltona, Daytona Beach, Ocala, Melbourne, Gainesville, and Leesburg, Florida.  He welcomes questions and comments regarding the above and can be reached at mtruax@boginmunns.com

NO LEGAL ADVICE: This blog entry is not intended as legal advice nor should you consider it as such. It is intended only as general information.  You should not act upon this information without retaining professional legal counsel. Please keep in mind that merely subscribing to or reading this blog or otherwise contacting Bogin Munns & Munns, P.A. in the manner that you have will not establish an attorney-client relationship with our firm. Bogin Munns & Munns, P.A. cannot represent you until the firm knows there would not be a conflict of interest, and the firm determines that it is otherwise able to accept the engagement. The engagement would also be confirmed by a written agreement.

Florida Law requires that a vehicle owner (of four wheels or more) purchase a minimum of $10,000.00 of Personal Injury Protection (PIP) and a minimum of $10,000.00 of Property Damage Liability (PDL) insurance.

II. What basic coverage is available to an insured (or qualifying individual)?

Personal Injury Protection (PIP) –minimum of $10,000.00 (with or without a deductible) – REQUIRED

1. Reasonable Medical Expenses – paid at eighty percent (80%) of two-hundred percent (200%) of the Medicare fee schedule amount.
2. Wage loss reimbursement – paid at sixty percent (60%) for any loss of gross income and loss of earning capacity (per individual with proper doctor recommendation) for the inability to work as a result of  an injury sustained in a motor vehicle accident  – paid not less than every 2 weeks.
3. Expenses Reasonably Incurred – in obtaining from others ordinary and necessary services, but for the injury, the injured person would have performed without income for the benefit of his or her household.
4. Death Benefit equal to the lesser of five thousand dollars ($5,000.00) or the remainder of unused personal injury protection (PIP) benefits per individual.

What to look out for….

-          Pay yourself as soon as possible – expenses – wages, mileage, etc.
-          Avoid wage loss exclusions from your auto insurance policy.
-          Avoid high deductibles if you are unable to pay it when necessary.
-          Notify your insurance carrier of all household members, particularly licensed resident relatives.
-          Attend and be on time to any independent medical exams (IME) requested by your insurance carrier- this is required by an insured per contract, but it is often intended to limit/terminate PIP/Med Pay benefit coverage.

Medical Payment (Med Pay) – Twenty percent (20%) of the remaining balance due to medical providers not paid by PIP benefits (as paid under the Medicare schedule) – Med Pay is generally purchased up to a certain dollar amount.

What to look out for….

-          Med Pay does not cover wage loss, household expenses, etc.
-          Possible subrogation rights on third party liability claims.
-           Med Pay is paid at 100% and no longer subject to the Medicare fee schedule once PIP benefits have been exhausted.

Uninsured/Underinsured Motorist (UM) Coverage – Per individual/per accident coverage for an insured, his/hers resident relatives, and or his/her accident passengers (if in an insured vehicle is involved in a motor vehicle accident) caused by an uninsured or underinsured motorist.

1. Stacking – when an insured combines uninsured motorist coverage from more than one source/policy.
2. Non-stacking – limited to one vehicle only.

What to look out for….

-           Cover yourself first – add at least minimal coverage to your insurance policy – many insurance carriers fail to clarify what UM coverage is and/or its importance to an insured and his/her family.

Property Damage Coverage (PD)

1. Comprehensive coverage – Damage done to an insured’s vehicle other than collision.
2. Collision coverage – Damage done to an insured’s vehicle as a result of a motor vehicle accident/collision.

What you to look out for…

-          High deductibles.
-          Conduct a cost-benefit analysis on old, high mileage or damaged vehicles.
-          If comprehensive coverage is purchased in Florida it is sometimes possible to receive free windshield repair or replacement.

Rental coverage

Maximum rental allowance per day or per accident coverage.

III.  What coverage is available to another party if an insured driver (or qualifying individual) causes a motor vehicle accident?

Bodily Injury (BI)

Per individual /per accident.

What to look out for….

-          Not required by Florida Law.  However, an individual’s drivers license may be suspended and you may be required to purchase BI for three (3) years if you are found to be at fault for an automobile accident without BI coverage.
-          No duty for insurance carrier to defend an insured against lawsuits if no BI was purchased.
-          Personal assets may be more susceptible if no BI is purchased or if it is not sufficient coverage for the damages  sustained.

Property Damage Liability (PDL) - REQUIRED

Per accident

What to look out for….

-          Personal assets may be more susceptible if no or not enough coverage is purchased.

Cynthia M. Thomas, Esq., is a personal injury attorney with Bogin, Munns, & Munns, P.A., a full service law firm with offices in Orlando, Clermont, Kissimmee, Deltona, Daytona Beach, Ocala, Melbourne, Gainesville, and Leesburg, Florida.  She welcomes questions and comments regarding the above and can be reached at cthomas@boginmunns.com

NO LEGAL ADVICE: This blog entry is not intended as legal advice nor should you consider it as such. It is intended only as general information.  You should not act upon this information without retaining professional legal counsel. Please keep in mind that merely subscribing to or reading this blog or otherwise contacting Bogin Munns & Munns, P.A. in the manner that you have will not establish an attorney-client relationship with our firm. Bogin Munns & Munns, P.A. cannot represent you until the firm knows there would not be a conflict of interest, and the firm determines that it is otherwise able to accept the engagement. The engagement would also be confirmed by a written agreement.

What does a hospital lien mean to your personal injury case?  You or your attorney must satisfy the lien from any settlement.  Some laws automatically allow a reduction for your one third attorney’s fee or the applicable percentage of the attorney fee.  Also, if the patient (or patient’s attorney) and the hospital agree to an amount to settle the hospital bill which is less than the full amount charged, then the lien is extinguished because the underlying debt is resolved.  While the lien law is a serious matter, it applies only to settlements or verdicts, and it cannot attach to any other property unless the collectable amount is pursued in litigation and a judgment is obtained against you.  Some clients worry that it automatically means, for example, their home can be at stake.  This is not the impact of an initial hospital lien, which is routinely filed by hospitals after nearly every automobile accident when you receive treatment at a hospital.

The last important point to understand about a hospital lien is that it can take priority over an injured party’s right to apply for PIP benefits to their claim for lost wages or funeral expenses.  This is something your attorney can explain to you in detail if you are concerned about these issues, and be assured that in many cases the lien is satisfied by your no-fault benefits (PIP) by 80% and many balances are adjusted after the payment is applied.  If you receive this onerous looking letter in the mail after your accident, simply notify your attorney and be assured it is a rather routine matter normally amicably resolved.

Health insurance, Medicare, or Medicaid liens: Most private health insurers and all Medicare and Medicaid providers have a right to reimbursement from any proceeds from a personal injury settlement or verdict.  You may receive a notification of this right if you receive treatment due to the liability of another person and have a right to recovery for your injuries.  Even if you do not receive this notice, you have an obligation to satisfy the amounts paid by any of the above referenced providers, unless the policy provisions of your private health insurance indicates otherwise.  Even if you are not represented by an attorney, you must consider these amounts paid for you as amounts you actually owe in the case of an insurance settlement for your injury.  These laws and medical charges can be complex and difficult to negotiate.  For this reason alone, it is always wise to consult legal counsel in the case of personal injury. 

Pam Olsen, Esq., is an experienced personal injury attorney with Bogin, Munns, & Munns, P.A., a full service law firm with offices in Orlando, Clermont, Kissimmee, Deltona, Daytona Beach, Ocala, Melbourne, Gainesville, and Leesburg, Florida.  Ms. Olsen works out of the Ocala office of the firm and welcomes questions and comments regarding the above and can be reached at polsen@boginmunns.com

NO LEGAL ADVICE: This blog entry is not intended as legal advice nor should you consider it as such. It is intended only as general information.  You should not act upon this information without retaining professional legal counsel. Please keep in mind that merely subscribing to or reading this blog or otherwise contacting Bogin Munns & Munns, P.A. in the manner that you have will not establish an attorney-client relationship with our firm. Bogin Munns & Munns, P.A. cannot represent you until the firm knows there would not be a conflict of interest, and the firm determines that it is otherwise able to accept the engagement. The engagement would also be confirmed by a written agreement.

WHAT DO I DO IF MY AUTOMOBILE INSURER WANTS ME TO ATTEND AN INDEPENDENT MEDICAL EXAMINATION?

Do not ignore your insurance company’s request for an Independent Medical Examination.  You have to attend the Independent Medical Examination.  If you do not attend the Independent Medical Examination, you will be in breach of your insurance contract and your insurance company will refuse to pay for any future medical treatment.  Once you receive the request for the Independent Medical Examination, notify your attorney and your treating physician.  Your attorney may or may not want to be present for the Independent Medical Examination.  Schedule an appointment with your treating physician for the same day as your Independent Medical Examination.  Bring a notebook to your appointment.  In your notebook, note the time that you arrive, the time you spend in the waiting room, and the time that Independent Medical Examination doctor actually spends examining you.

You should be courteous to the Independent Medical Examination doctor and the doctor’s staff. Fill out all paperwork honestly.  During the examination, the Independent Medical Examination doctor will ask you questions.  Answer the Independent Medical Examination doctor’s questions honestly, but do not volunteer information.    Do not confuse the role of the Independent Medical Examination Doctor with your treating physician.  The Independent Medical Examination Doctor is not there to assist you.  The Independent Medical Examination doctor assists the automobile insurer.

WHAT HAPPENS AFTER THE INDEPENDENT MEDICAL EXAMINATION?

After your Independent Medical Examination, the doctor will generate an Independent Medical Examination report and submit the report to your automobile insurer.  The Independent Medical Examination report will either state that the doctor believes that you require additional treatment, or it will state that further treatment is not necessary.  Usually, the Independent Medical Examination report concludes that further treatment is not needed.  If the Independent Medical Examination concludes that further treatment is not necessary, your automobile insurance company will send you a letter advising you that your insurance company will no longer pay for certain types of treatment.

WHAT DO I DO IF MY AUTOMBILE INSURER REFUSES TO PAY FOR FUTURE MEDICAL BENEFITS BASED ON AN INDEPENDENT MEDICAL EXAMINATION REPORT?

Do not stop your medical treatment.  Advise your attorney and treating physician that your insurer will not pay for certain medical treatment based upon an Independent Medical Examination Report.  Ask your treating physician to send a letter to the automobile insurer disputing the results of the Independent Medical Examination.  This letter must discuss the future treatment that your treating physician believes is medically necessary to treat your injuries.  Continue to treat with your treating physician.  The first time that your automobile insurer denies a bill based upon the results of the Independent Medical Examination, either you or your treating physician should contact an attorney to pursue payment of your doctor’s bill.  Bogin, Munns & Munns, P.A. has attorneys that specialize in resolving personal injury disputes with insurance companies.

CONCLUSION

You have to go to your Independent Medical Examination.  You do not have to accept the results of the Independent Medical Examination.  Your treating physician has been examining and treating you over a period of time.  Your treating physician, not a doctor that examined you once, is in the best position to determine medical necessity. If your insurer denies your medical bills based upon an Independent Medical Examination, challenge the denial.  Do not impede your recovery by stopping your medical treatment.

– Aaryn Fuller, Esq., is an experienced personal injury attorney with Bogin, Munns, & Munns, P.A., a full service law firm with offices in Orlando, Clermont, Kissimmee, Deltona, Daytona Beach, Ocala, Melbourne, Gainesville, and Leesburg, Florida.  Ms. Fuller works out of the Orlando office of the firm and welcomes questions and comments regarding the above and can be reached at afuller@boginmunns.com

NO LEGAL ADVICE: This blog entry is not intended as legal advice nor should you consider it as such. It is intended only as general information.  You should not act upon this information without retaining professional legal counsel. Please keep in mind that merely subscribing to or reading this blog or otherwise contacting Bogin Munns & Munns, P.A. in the manner that you have will not establish an attorney-client relationship with our firm. Bogin Munns & Munns, P.A. cannot represent you until the firm knows there would not be a conflict of interest, and the firm determines that it is otherwise able to accept the engagement. The engagement would also be confirmed by a written agreement.

If you are on our web page it is probably too late and you have already had an accident, but just in case here is what you should remember when you are in a car crash.

First – always consider safety first.  You are NOT required to leave the vehicles in the roadway, especially if they are both drivable and there are no deaths or grossly serious bodily injuries.  Move them off to the side or a close parking lot.

Second – make sure you and everyone at the scene is ok.  If you need medical assistance, or think you or someone may need medical help, call 911 right away.  Be sure to tell the operator that someone is injured.

Third – do not admit the accident was your fault.  Perhaps it was, and it may be appropriate to admit that later, but at this point your adrenaline is flowing, and you are not in the best state of mind to make decisions that will have lasting effects.

Fourth – If there is over $500 in damage, or someone is injured, you MUST report the accident under Florida Law.

Fifth – If you have a camera (a cell phone camera will do if that is all you have), take pictures of the other cars in the accident.  You can take pictures of yours as well, but you will always have access to that, you may not ever see their car again.  Take pictures of the road as well, especially if there is debris or skid marks, be sure to take photos of those.  You can never have too many photos, and in today’s world of digital photos they are basically free.

Sixth – get the names, addresses, and phone numbers of any witnesses.  Do NOT rely upon the officer to put this information in the report, even if he/she speaks with the witness.  More often than not, the name does not appear in the report.

Remember, if you are injured, attending to your injuries is primary.  Have a friend or relative help you with getting the information above.

II.        AT THE HOSPITAL or DOCTOR’S OFFICE

Whether you go to the hospital the day of the accident, which you should if you are injured, or a doctor a day or more later, there is one rule you need to remember.  TELL THE DOCTOR EVERYTHING.

This may sound obvious, but in particular you need to be sure to relate the following with as much accuracy as possible.

1. All of your current injuries that you have.  Oftentimes people have a really bad injury and will not mention the less bothersome problems to the doctor in hopes they will just go away.  Sometimes they do, and sometimes they don’t.  When they don’t, and the complaint is not in the original records, the other side will claim the injury or complaint is not from the accident since there was no record of it on the initial visit.  You can avoid this by being thorough, and making sure your doctors and nurses write down everything you tell them about.
2. Be completely forthcoming about your prior problems, especially with regard to the injuries from the accident.  If the accident caused you neck pain, but you also have a history of going to the doctor for neck pain, be sure the doctor you are seeing knows that.  Otherwise he will later say the neck pain is from the accident and when asked whether he knew you had a history of neck pain, he will say no, which will cause his opinion to be questioned.  However, if he can say he considered all of your prior medical problems and knew of them, and still believes this accident caused an injury, he is much more credible to a jury.
3. Follow the directions they give you.  When you are discharged you will likely be given directions.  It may be for bed rest.  It may be to get a prescription, or it may be to see another doctor.  If you don’t follow those directions you will later be questioned why you did not, and was it because you were not really hurt.  The only exception to this might be to see a different doctor than the one they refer you to if you have a doctor you know and trust.

Mark Cornelius, Esq., is an experienced personal injury attorney and shareholder with Bogin, Munns, & Munns, P.A., a full service law firm with offices in Orlando, Clermont, Kissimmee, Deltona, Daytona Beach, Ocala, Melbourne, Gainesville, and Leesburg, Florida.  Mr. Cornelius works out of the Orlando office of the firm and welcomes questions and comments regarding the above and can be reached at mark@boginmunns.com

NO LEGAL ADVICE: This blog entry is not intended as legal advice nor should you consider it as such. It is intended only as general information.  You should not act upon this information without retaining professional legal counsel. Please keep in mind that merely subscribing to or reading this blog or otherwise contacting Bogin Munns & Munns, P.A. in the manner that you have will not establish an attorney-client relationship with our firm. Bogin Munns & Munns, P.A. cannot represent you until the firm knows there would not be a conflict of interest, and the firm determines that it is otherwise able to accept the engagement. The engagement would also be confirmed by a written agreement.

When someone is injured in an accident as a result of someone else’s negligence it is a traumatic event which can have a dramatic effect on the person’s entire life.  One has to contend with the injuries, the stress of losing time from work, the damage to ones vehicle, the medical care, the unknown effect these injuries will have on the individuals life and future, and if that wasn’t enough, the worry over the amount of medical expenses and how they will be paid.  An accident can be a truly life altering event.

Florida is a No-fault state, which means your own motor vehicle insurance policy covers your medical expenses in the event of a motor vehicle accident, regardless of fault.  Florida law provides that every owner or registrant of a motor vehicle purchase insurance which is to include Personal Injury Protection coverage or PIP.  Basic PIP coverage essentially pays for 80% of reasonable expenses for medically necessary care, 60% of lost wages, and $5,000 death benefit or the remainder of unused PIP benefits, whichever is less.  If you are a passenger and do not own a vehicle, then you would be covered under either a policy owned by a relative who lives with you or the vehicle owner/drivers policy.

Oftentimes PIP is inadequate to cover all of your medical expenses and then there the 20% balance for which one is personally responsible.  Many insurance policies offer supplemental products to cover these expenses.  Extended PIP or additional PIP increases the percentage PIP pays to 100%, however, it does not increase the aggregate limit.  Med Pay (Medical Payments Coverage) is designed to cover the 20% not paid by PIP as well as any amounts over the $10,000, up to the limit obtained.  This does increase the aggregate limits by the amounts obtained, e.g. $1,000, $2,000, etc. Be aware that most policies require that the insurer be reimbursed for any Med Pay payments made in the event there is a recovery for the injuries sustained.

Even with the supplemental coverage’s mentioned above; many times the medical expenses will exceed the monies available from the insurance.  Depending on the amount of medical expenses and the ability of the individual to pay, one may qualify for emergency Medicaid.  Most hospitals provide assistance in applying for this benefit or one can apply through the local Medicaid office.  Medicaid has a statutory right to be reimbursed for any benefits paid if there is a recovery for the injuries sustained.

Finally, the person at fault for the accident is responsible for the injuries caused as a result of their negligence.  As such, they must pay for all out of pocket expenses, which include medical bills, anything not paid by PIP or other insurance, any liens, and lost wages, among other damages.  In addition, in Florida if the threshold is met: significant and permanent loss of an important bodily function, permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement, significant and permanent scarring or disfigurement, or death; one can recover for pain, suffering, mental anguish, and inconvenience.

Though a motor vehicle accident is a traumatic and life changing event, it does not necessarily have to be a financial catastrophe.  There are a multitude of options available to help minimize the financial impact of an accident, which allows the individual to focus on their therapy and their health.

Franklin Domenech, Esq., is an experienced personal injury attorney with Bogin, Munns, & Munns, P.A., a full service law firm with offices in Orlando, Clermont, Kissimmee, Deltona, Daytona Beach, Ocala, Melbourne, Gainesville, and Leesburg, Florida.  Mr. Domenech works out of the Kissimmee office of the firm and welcomes questions and comments regarding the above and can be reached at fdomenech@boginmunns.com.

NO LEGAL ADVICE: This blog entry is not intended as legal advice nor should you consider it as such. It is intended only as general information.  You should not act upon this information without retaining professional legal counsel. Please keep in mind that merely subscribing to or reading this blog or otherwise contacting Bogin Munns & Munns, P.A. in the manner that you have will not establish an attorney-client relationship with our firm. Bogin Munns & Munns, P.A. cannot represent you until the firm knows there would not be a conflict of interest, and the firm determines that it is otherwise able to accept the engagement. The engagement would also be confirmed by a written agreement.

Top 10 reasons

1. 15% to 27% of drivers on the road in Florida are uninsured drivers.

2. Florida law does not require drivers to carry bodily liability coverage – meaning that Florida drivers are not required to carry insurance which pays for the personal injuries (medical expenses, lost wages and pain and suffering if you have suffered a permanent injury) they cause to others. Ironically, Florida law does require, however, that drivers carry property damage coverage to pay for the property damage they cause to your car or other property.

3. There is a very strong possibility that your medical bills, lost wages and pain and suffering incurred in an automobile accident caused by another person will not be paid if the person responsible for the accident did not carry bodily liability insurance and you did not carry UM coverage.

4. Florida laws are historically very “debtor friendly,” meaning that it is very difficult in Florida to execute a Judgement against an individual’s personal property. Unless a individual who has caused an accident has substantial personal assets, your claim for injuries is generally limited to any bodily liability insurance that individual possess, or your own UM coverage.

5. Your UM coverage protects you even if you are a passenger in another person’s vehicle or a pedestrian at the time of the accident.

6. UM coverage is not expensive and can more than pay for itself if you are injured by an uninsured driver. Contact your automobile insurance company for a quote.

7. In Florida, your UM coverage can be “stacked” – which means that the limits of your policy can be multiplied by the number of cars insured under your policy. For instance, if you carry $25,000.00 in UM coverage and insured three of your vehicles under your policy on the date of an accident, you should have a limit of $75,000 in UM coverage available. Make sure to ask your insurance company that your UM insurance be “stacked.”

8. Your UM coverage protects you when the auto accident is caused by a “hit and run” driver or the identity of the driver who caused the accident is otherwise unknown.

9. Your UM coverage protects you, and usually also the passengers in your vehicle, at the time of the accident, such as your children.

10. Your private health insurance only goes so far. If you are injured by the fault of an uninsured motorist/underinsured motorist and even if your medical expenses are covered by your own private health insurance ( which you may carry through your employer), if you are not covered by UM insurance, you will not be able to recover your lost wages and pain and suffering suffered in the crash.

Alida Darias, Esq., is an experienced personal injury attorney with Bogin, Munns, & Munns, P.A., a full service law firm with offices in Orlando, Clermont, Kissimmee, Deltona, Daytona Beach, Ocala, Melbourne, Gainesville, and Leesburg, Florida.  Ms. Darias works out of the Clermont office of the firm and welcomes questions and comments regarding the above and can be reached at adarius@boginmunns.com

NO LEGAL ADVICE: This blog entry is not intended as legal advice nor should you consider it as such. It is intended only as general information.  You should not act upon this information without retaining professional legal counsel. Please keep in mind that merely subscribing to or reading this blog or otherwise contacting Bogin Munns & Munns, P.A. in the manner that you have will not establish an attorney-client relationship with our firm. Bogin Munns & Munns, P.A. cannot represent you until the firm knows there would not be a conflict of interest, and the firm determines that it is otherwise able to accept the engagement. The engagement would also be confirmed by a written agreement.

You should understand that if you or a loved one is injured due to someone else’s negligence in a motor vehicle collision, Florida law – with very limited exceptions – does not require drivers or owners of motor vehicles to have bodily injury liability insurance.  Bodily injury liability insurance covers claims for death, permanent injury, significant scarring or disfigurement, or the significant and permanent loss of an important bodily function caused by the at-fault driver.

Florida law merely requires that owners of motor vehicles required to be registered in Florida maintain $10,000 in property damage liability insurance and $10,000 of personal injury protection insurance.  Neither of these insurance products covers bodily injury claims made by an injured person against the driver or owner of the motor vehicle that caused the injuries.  This is where an insurance product referred to as uninsured / underinsured motorist’s coverage can potentially fill the gap and provide a source of recovery for the injured person.

Uninsured / underinsured motorist’s coverage pays for claims made by you, certain family members, and other persons permissively operating or occupying your covered automobile when you or they are injured due to the fault of someone else. This type of insurance is purchased by you and is generally referred to as “UM.” UM coverage can come into play when the at-fault driver and / or owner have no, or inadequate, bodily injury insurance to cover your personal injury claim, or if the injuries arise from a “hit and run” incident.  As is the case with bodily injury liability insurance described above, UM will cover claims for death and serious permanent injury.

Unless your insurance company obtains from you a proper written rejection or limitation of coverage, Florida law requires that you be provided UM coverage equal to any bodily injury liability coverage you may purchase, and that the UM coverage be “stackable.”  Stackable coverage means that you may combine, or stack, the coverage limits for each automobile insured under your policy.  For example, if you purchased bodily injury liability coverage of $10,000 per person and $20,000 per occurrence, and had three automobiles covered under the policy, your combined available UM coverage would total $30,000 per person, and $60,000 per occurrence.

The importance of having adequate UM coverage cannot be emphasized enough.  Speak with your insurance agent today to determine if you are adequately covered.  In many cases, this insurance coverage could be your only source of monetary compensation if you are injured in a motor vehicle collision due to the fault of another.

Barry K. Baker, Esq., is an experienced personal injury attorney with Bogin, Munns, & Munns, P.A., a full service law firm with offices in Orlando, Clermont, Kissimmee, Deltona, Daytona Beach, Ocala, Melbourne, Gainesville, and Leesburg, Florida.  Mr. Baker works out of the Melbourne office of the firm and welcomes questions and comments regarding the above and can be reached at bbaker@boginmunns.com

NO LEGAL ADVICE: This blog entry is not intended as legal advice nor should you consider it as such. It is intended only as general information.  You should not act upon this information without retaining professional legal counsel. Please keep in mind that merely subscribing to or reading this blog or otherwise contacting Bogin Munns & Munns, P.A. in the manner that you have will not establish an attorney-client relationship with our firm. Bogin Munns & Munns, P.A. cannot represent you until the firm knows there would not be a conflict of interest, and the firm determines that it is otherwise able to accept the engagement. The engagement would also be confirmed by a written agreement.