Articles

In this article I’m going to explain Florida’ PIP emergency medical condition (“EMC”) 14-day rule.  Suppose you go to the ER immediately after an accident, but don’t see another doctor until 20-days later.  Are you entitled to the full $10,000 in PIP benefits? Initial Treatment:  14-Day Rule In Florida, you have 14-days to seek “initial treatment” after an accident to get the full $10,000 of PIP benefits.  The key phrase is initial treatment.  Initial treatment can be with a chiropractor, medical doctor, emergency room, or urgent care clinic.   You’ll still need a certification from a doctor (other than a chiropractor) confirming you’ve suffered an emergency medical condition (“EMC”).  An EMC certification doesn’t have to be issued within 14-days, only initial treatment.  Often times a patient goes to the ER after an accident but doesn’t follow-up with another doctor for… Read More

How much a slip and fall case is worth in Florida depends on three (3) basic things: liability, damages, and insurance coverage. Every case is different but these factors determine how much money you could get from a slip and fall case. For the purpose of this article we’ll assume there is insurance coverage. This is rarely an issue because most slip and falls occur on commercial property which carry million dollar policies. You’ll want to find out how much coverage is available by contacting the property owner and demanding they report the incident to their insurance carrier. If you hire an attorney, which I highly recommend, they will handle this for you. Liability Answering the question do I have a good slip and fall case starts with determining liability. Liability means fault. Florida property owners have a… Read More

I recently received a letter from my auto insurance company. It said I had to disclose everyone over the age of 16 living in my house. Thankfully, it’s just my wife and I. When my kids become teenagers I will have to add them to my auto insurance policy. This is true even if they don’t have a drivers license or they have their own insurance. Disclose or Risk Being Denied In my personal injury practice I’ve seen insurance companies deny claims for failing to add teens to policies. The key is to list EVERYONE over 16 in your household. Not just ones who drive. Insurance policies are based in contract. A material term to the contract is disclosing everyone living in your home over the age of 16. Even if they’re not family or they have their own insurance it’s a good… Read More

Every once in awhile I get to step into the shoes of my clients. Recently I was doing some heavy lifting and I hurt my trapezius muscle. The trapezius muscle is one of the major muscles of your back and extends into your neck and shoulders. Today, I’m in excruciating pain. It hurts to even move. Forget about turning the right. I have to move my entire torso to look to my right while driving. The thing is in a few days the pain will go away. I will have little memory of the living hell I’m going through today. That is why keeping a daily journal after an accident is so important. Write Everyday After an accident I suggest that you pick up a small composition notebook. In that book you’ll document how your feeling and… Read More

If you’re over 40 and you’ve recently suffered an adverse employment action you may have an age discrimination case. The Age Discrimination in Employment Act (“ADEA”) is a federal law that makes it unlawful for an employer to discriminate on the basis of age. Things You Must Prove There are 2 things you must prove to have an age discrimination case. First, you must be at least 40 years old. Second, you must prove your age was the motiving factor for the employers decision. You can prove age discrimination by direct evidence or by circumstantial evidence. Only the most blatant remarks, will constitute direct evidence of age discrimination. Circumstantial evidence is more common. In age discrimination cases based on circumstantial evidence, you must prove the following: you’re at least 40 years old; you were subject to adverse… Read More

After a slip and fall case it’s perfectly normal to wonder if you have a good case. What makes a good slip and fall case depends on a few key factors. Generally, it will come down to fault and injuries. Notice Rule If you slipped and fell because of liquid or some other foreign substance in Florida you’ll need to first prove “notice.” This means that the property owner knew (or should have known) that the liquid or “transient substance” was on the ground. This sometimes can be challenging. For example, if fell because a young child spilled juice on the grocery store floor just moments beforehand, you may not have a case. This is because the grocery store did not have enough notice to clean up the spill. So how do you prove the store or property owner had notice?… Read More

Like almost everything with the law… it depends. Some wrongful termination lawsuits settle quicker than others. Here, we’ll discuss some of the factors that determine how long it will take to settle a wrongful termination lawsuit. Charge of Discrimination You must first file a charge of discrimination before you can file a lawsuit. You file a charge of discrimination with the Equal Opportunity Commission (“EEOC”). You can co-file with the Florida Commission on Human Relations (“FCHR”), the state version of the EEOC. Filing a charge of discrimination exhausts your administrative remedies. It is a prerequisite to filing a wrongful termination lawsuit in state or federal court. Claimants must allow the EEOC and/or the FCHR to investigate the claim for at least 180 days. After 180 days, if you haven’t gotten a determination, you can request a “right… Read More

Every accident case is different. This makes answering how much an average herniated disc settlement in Florida challenging. Florida accident attorneys rely on experience and jury and settlement reports. Here, we’ll discuss what exactly is a herniated disc and how we prove it.  We’ll also look at several actual herniated disc settlements and verdicts in Florida. What Is A Herniated Disc? First, what is a herniated disc?  A health disc is a two dimensional round or oval structure having four (4) 90-degree quadrants.  Think of a pizza pie cut into 4 equal pieces.  The discs sit between the vertebra and act as shock absorbers.  A herniated disc occurs when the jelly-like disc material leaves the center of the disc.  The chemicals from the disc can leak out acting as an irritant. This usually causes pain.  A herniated disc… Read More

Under Florida’s Dog Bite Statute, if you are bit by a dog, regardless of the dog’s viciousness, you likely have a dog bite case against the dog owner. However, a dog owner is not liable if you were on the dog owner’s property, without permission.  For example, if you were trespassing at the time you were bit, you might not have a dog bite case. Also, not all dog bite cases are the same. The more serious the injuries the more the case is worth. Generally, bite wounds to the face are worth the most. Homeowners Insurance Policy You’ll want to get a copy of the dog owner’s homeowners insurance policy.  You should request the policy in writing. Be sure to send the request certified mail – return receipt. The dog owner then has 30-days to respond… Read More

There are many factors that go into a good car accident case.  Things like your age, accident history, amount of property damage, injuries, medical treatment, and bills all factor into valuing your case. We will assume you’re not at-fault for the accident and the other driver is insured. It’s important to remember that no car accident case is the same.  Factors discussed should be taken as a whole.  No single factor will make (or break) your car accident case. Property Damage One of first factors the insurance company will look at in evaluating your car accident case is the property damage to your vehicle. If you think about it logically, the bigger the impact, the more property damage. So, the more property damage the more likely your injuries are significant and caused by the crash. But… Read More

After an accident the insurance company will ask you to give a recorded statement. Should you give a recorded statement to the insurance company? The answer depends on who is asking. You are under no obligation to make a recorded statement unless your own insurance policy requires it. Almost every insurance policy has such a provision. Then, and ONLY then, should you make a recorded statement. Do Not Volunteer Information If you must give a recorded statement please remember DO NOT volunteer information. This cannot be emphasized enough! You should never volunteer statement to ANYONE if you don’t have to. Not to the police, witnesses, or insurance adjusters, unless required by law. Florida is a comparative negligence state. This means, if you are found partially at-fault, your claims can be reduced by the amount of… Read More