Recent Blog Posts
Flood Insurance: Do You Have it, Do You Need it and Are You Covered?
Despite all the rain and the risk of hurricanes, many Floridians don’t give much thought to flooding. At least in South Florida, flooding absent a tropical storm is not common, and scenes of streets underwater and cars flooding are not frequent occurrences here. That means that flood insurance is not the first thing on… Read More »
Remembering the Case That Preserved Workers’ Attorney’s Fees
Rarely would you think the legal areas of workers’ compensation and constitutional due process would have anything to do with one another. But they did in one case in the area of attorney’s fees. Although the Florida Supreme Court made one of the most important workers’ compensation decisions back in 2016, which had to… Read More »
The Difficulties in Proving Traumatic Brain Injuries
When you suffer a broken bone, or undergo a surgery because of an accident, when you get to trial, you have loads of visual information to show a jury. X-rays, MRIs or scars on your body all help show a jury what you have endured, so they can properly evaluate your damages. Difficulties in… Read More »
Offers of Judgment: Why Are They Important?
There is a common misconception that if you win your personal injury lawsuit, the other side pays your attorney’s fees. Although most attorneys represent injured victims on contingency-fee basis (that is, will be paid from a recovery, if any), there is no law requiring the other side to pay your attorney’s fees if you… Read More »
Collectability Matters in Personal Injury Cases
People who file personal injury lawsuits have a lot of concerns that need to be addressed in order to win his/her case. “Winning the case” means obtaining a jury verdict in the victim’s favor, which adequately compensates him/her for the injuries and damages. But that’s not the end; now we must collect the verdict…. Read More »
Watch What You Say When Getting Treatment from Your Workers’ Compensation Physician
Normally, when you go to visit a doctor for care and treatment, either on a cash-basis or through your own health insurance, you have certain rights of privacy. You may be surprised to learn that those protections do not apply if you are treating with a workers’ compensation doctor. Traditional Relationships Don’t Apply In… Read More »
Be Careful When Signing Assignments of Benefits
An assignment of contractual rights arises when one party hands over or transfers contractual rights to receive or to do something to another party. For example, if someone owes me $100 and I assign my rights in the contract to you, the paying party will have to pay you my $100. Assignments in Homeowner’s… Read More »
What is an Independent Medical Exam in the Workers’ Compensation Context?
An Independent Medical Examination (IME) is, in theory, supposed to be exactly as it sounds—a medical review by a health professional that is independent or neutral. The Claimant and/or the employer/carrier can elect one IME per case under Fla. Stat. 440.139(5). Exams May Have Bias At least, in theory, that’s how it is supposed… Read More »
Case Determines When Someone Becomes a Survivor Under Wrongful Death Law
Florida’s wrongful death statute allows survivors to recover damages when a family member dies as a result of injuries sustained in an accident. A recent case addressed the issue of whether someone who was not married at the time of the accident, but who was at the time of death, can still bring a… Read More »
What is the Waiting Time for Social Security Disability Hearings?
It is common knowledge that it can take some time to obtain Social Security benefits. But a recent article points out just how long the wait time can be, highlighting the difficulties that those who need benefits face. The Process of Making a Claim It’s important to understand the basic phases of a disability… Read More »
