When a new client retains Bogin, Munns & Munns for an automobile accident case, they often ask why they must seek medical attention even when the other party was clearly at fault. The answer is simple. To determine if there are permanent, accident related injuries. Unfortunately, it is not enough to just be an injured victim involved in a motor vehicle accident in order to receive compensation for pain and suffering. According to Florida law, an accident victim may only recover from pain and suffering when they meet the Florida threshold requirement. In its simplest form, the threshold states that in order for an accident victim to be awarded pain and suffering after a motor vehicle accident, they must: 1) sustain significant scarring; 2) be killed as a result of the automobile accident; or 3) sustain a permanent injury. Thus, if a client is not killed or significantly scarred by a motor vehicle accident, they must be examined by a physician in order to establish whether or not they have sustained a permanent injury. If none of these criteria are met, then a client may not be entitled to more than the costs of their medical bills – regardless of any inconvenience or hardship.
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.
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Prior Bogin, Munns & Munns bloggers have provided excellent explanations as to what types of auto insurance coverages are required by law in Florida, and the importance of carrying additional coverages such as UM (Uninsured/Underinsured Motorist Coverage), BI (Bodily Injury Coverage) and Medical Payments Coverage. What is considered “Full Coverage” in Florida? Contrary to popular belief, “Full Coverage” in Florida means that a policy holder has both PIP (Personal Injury Protection) and PD (Property Damage) coverage as required by Florida law. However, having these two basic types of coverages does not mean you are fully protected if you are involved in a car accident. The phrase “Full Coverage” has therefore caused quite a bit of confusion amongst vehicle owners as well as those who have been involved in auto accidents.
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.
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The subject of this article does not pertain to cases where employees are making a claim under the Worker’s Compensation Act, but rather in cases where the driver of the at-fault vehicle in the “course and scope of employment.” Florida law is well settled that both the owner of a vehicle and the driver are liable for negligence in automobile accident cases. There is another layer of potential insurance coverage that must also be explored and is important to be aware of if involved in an automobile accident involving injuries. Florida law is clear that an employer is liable for the negligent, reckless, intentional, and even criminal acts of its employees committed within the course and scope of his or her employment. Basically, the person making the claim must merely show that the negligent conduct or act was committed while the agent or employee was acting for the principal or employer. This principal may also apply to cases other than automobile accidents.
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.
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We’ve seen a proliferation of 1-800 numbers or lawyer referrals service numbers advertising in the Orlando area. If you’ve seen these ads, then you’ve heard the ads promise many things, even results, before your case/matter has been evaluated. Perhaps you think this may be the best way to get legal advice. In reality, when you dial these numbers your call is answered by a non-lawyer who can’t give you legal advice. Only lawyers are permitted to give legal advice. If you needed medical advice, you would call a doctor’s office directly and nobody else. Likewise, if you have questions regarding your legal rights, call a lawyer directly…go directly to the source. Lawyers spend at least 7 years at the university level learning the law. Then, lawyers are obligated to pass a rigorous state-specific test before practicing law in a given state. After being permitted to practice law, lawyers are seasoned by years of experience in the legal arena, and their skills are further refined through continual legal education courses.
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.
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1. Use caution when proceeding through intersections: Look to the left, then right, then look to the LEFT AGAIN!
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.
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When it is time to renew your automobile insurance policy, it is important to realize that you also need to update the information that you have previously provided to your insurance company. Many people sign forms and write checks, without thoughtfully considering if they are providing accurate information. But, whether you realize it or not, somewhere in your policy, or on the renewal paperwork, there is language that obligates you to update the information in your original insurance application.
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.
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Almost every automobile insurance policy includes a requirement that the insured cooperate with the insurance company’s investigation of a claim. If you are injured as a result of the use of an automobile accident, your insurance company may request that you submit to an Examination Under Oath. An Examination Under Oath is your insurance company’s opportunity to have you give a recorded statement while under oath. You must attend an Examination Under Oath if requested to do so by your insurance company. Failure to attend an Examination Under Oath will result in your insurance claim being denied. This could cause you, at a minimum, to become responsible for medical bills that would have been paid by your insurance company. Do not let this happen. Attend the Examination Under Oath, but do not attend it alone. Let your attorney know immediately that your insurance company has requested that you attend an Examination Under Oath. Your attorney should attend Examination Under Oath with you.
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: Click here to read more »
It is every parent’s worse nightmare, that phone call letting us know that our child has been injured or worse, suffered a fatal injury, while driving. The truth is that car accidents are the leading cause of death for teenagers ages 15 to 20, according to the National Highway Traffic Safety Administration. Mile for mile, teenagers are involved in three times as many fatal crashes as all other drivers.
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.
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Selecting an Orlando personal injury lawyer can be a scary task for those that have never worked with a lawyer before. However, even though this firm advertises and tries to use those advertisements to inform the general public, I stand by what I have said many times. Never choose your attorney based solely upon an advertisement. That is not to say you should not listen to an advertisement and investigate if they are a good attorney to use, but it should not be the only reason you call an attorney.
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.
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There are a myriad of laws that protect against disclosure of private health information, and rightfully so; your medical condition is a personal matter to be shared only with those with a need to know. Unfortunately, with regard to HIV status, there remains a stigma in society for those testing positive. Fortunately, in Florida, thanks to a relatively recent Florida Supreme Court decision which provided needed clarification of the law, a person may sue in court for money damages for a wrongful disclosure of their HIV status.
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:
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