Miami Accident Lawyer Blog

October 10, 2007

Suing the Drunk Driver

Talking about suing drunk drivers is like talking about eating ice cream. Defending a drunk driver is certainly a lot less fun. There are plenty of advice programs for defense of criminal cases involving drunk driving. Most of it applies to the civil case too. Bringing the case for an injured plaintiff is not as easy as it may look by the results some personal injury lawyers have gotten. I am going to discuss some of the techniques I have used in some of my drunk driving accident cases and share with you some of what I have learned by handling these cases.

When analyzing and presenting automobile accident cases, driver conduct is always an issue. Where the driver of the adverse vehicle has been drinking or was drunk there are additional issues not part of the ordinary accident case. The criminal case begins at the time of the accident investigation by the police when the defendant is arrested. When you are retained the criminal case is already underway and you must act promptly and aggressively to protect your client’s rights or the opportunity will have been lost.

Victims rights are now recognized. Two years ago the legislature passed a new statute requiring officials in the criminal justice system to advise victims of their statutory rights.
There is nothing improper in your speaking up on behalf of your client in the DUI prosecution. Your client has the right to be heard on several important issues

October 4, 2007

Questions Remain About Florida No Fault Insurance Law

by Gerson & Schwartz, P.A.

Questions still remain about Florida’s No Fault Insurance Law. Under the previous legislation, which expired on October 1, 2007 Florida drivers were required to hold $10,000 of personal injury protection on their car or automobile insurance policies. Under the existing law, individuals who sustain injuries in a car or automobile accident were covered for the first $10,0000 of the medical bills regardless of who causes the crash.

The effects and future of this legislation will have a significant for those who are injured in car and other automobile accidents. Florida was one of only twelve states to carry this legislation. Charlie Christ has included the scope of the legislative special set session of Florida law markers by adding no-fault auto insurance to the agenda.

October 1, 2007

United States Supreme Court Denies Certiorari in Engle Class Action

by Gerson & Schwartz, P.A.

The United States Supreme Court today denied certiorari in the Engle Class Action. This ends 13 years of litigation of the class action certification and jury findings.Howard Engle, a Miami Beach pediatrician filed the suit on behalf of an all smokers suffering from the effects of addiction to nicotine in cigarettes and survivors of those who died.

Last July, the Florida Supreme Court overturned the Third District Court of Appeal’s reversal of a final judgment entered in favor of smokers’ damages against cigarette companies and industry organizations. In December the Court denied petitions for re-hearing filed by the tobacco companies and gave plaintiffs one year to file suit on individual claims for compensatory and punitive damages.

September 19, 2007

Florida No Fault Insurance Update

by Gerson & Schwartz, P.A.

No renewal of no-fault before Oct. 1
As Florida’s no-fault insurance law ends its three-decade run Oct. 1, the state’s highly competitive automobile insurance market may be ready to enjoy a new dawn — or enter a new Dark Ages, depending on who you talk to.Hospitals fear being stuck with unpaid emergency room bills. Insurance agents are puzzling over what to advise their clients — no-fault protection won’t go away all at once but rather as policies come for renewal in the coming months. And consumers are often confused that the only plan for the future seems to be allowing no-fault to sunset and letting the chips fall as they may.

The only consensus among lawmakers and various business interests is that the current law invites fraud. There’s no agreement on any kind of solution.The Legislature is now supposed to meet for a budget-cutting session Oct. 3, rather than Sept. 18 as originally projected. Many lawmakers anticipated a last-minute effort to extend or even reform no-fault during the earlier date.Now that the target is Oct. 3, it’s certain that no-fault will expire — and there’s no word on whether the special session order that should be published this week will contain any agenda item other than the budget.

It’s a PIP

The centerpiece of no-fault is its mandatory $10,000 personal injury protection coverage, which pays 80 percent of medical expenses and 60 percent of lost wages plus miscellaneous household expenses that might be caused by an accident — for example, hiring cleaning or yard service while convalescing.

PIP has been effective in providing quick settlements of legitimate medical expenses, especially emergency room bills.But it’s also spawned many outpatient “PIP clinics,” mainly in Miami-Dade, Broward and Palm Beach counties. These medical facilities are noted less for the effectiveness of the treatments they provide than for the speed with which they can file claims totaling $10,000.”Our no-fault system was by no means perfect. You are never going to come up with a perfect system as long as there are people out there looking to play the system and defraud the system,” said Jim Nolan, president of Nolan Family Insurance. “It drives auto insurance costs for every consumer up by hundreds of dollars every year.

“The ripple effects from this are going to be heard for years to come,” he said.