Florida Injury Attorney Blawg

It is common for health and disability (lost wages) insurance carriers to pay benefits to their insureds who are injured due to someone else’s negligence. Many of these policies include reimbursement provisions allowing the insurer to recover payments from any personal injury settlement or judgment obtained by the insured. How Much Must Be Repaid? The…

Any lawsuit arising in Florida from the death of an individual caused by the wrongful act, negligence, or default of another person or entity is governed by the Florida Wrongful Death Act (Sections 768.16–768.26, Florida Statutes). This blog highlights some key legal considerations involved in pursuing a wrongful death claim. Statute of Limitations Under Section…

It is not uncommon for employees to be injured in motor vehicle accidents while acting within the course and scope of their employment. Such incidents frequently implicate multiple layers of insurance coverage. Regardless of fault, injured employees may be eligible for benefits including workers’ compensation, Personal Injury Protection (PIP), and health insurance (including Medicare). Workers’…

The belief that a physician’s written prescription must accompany every petition for benefits requesting medical care has taken on the status of religious doctrine in Florida workers’ compensation practice. This blog aims to challenge and clarify that misconception. A petition for benefits is the workers’ compensation equivalent of a civil complaint. It is the legal…

Despite having many potential sources of payment for medical expenses in ride share-related crashes, Uber riders sometimes end up holding the bag. The most common payment sources are PIP, MedPay, health insurance, Medicare, Medicaid, and bodily injury liability insurance. With a few exceptions, every owner or registrant of a motor vehicle required to be registered…

Much has been written about the type of insurance coverage available to Uber passengers and other third parties for accidents caused by Uber drivers. Less has been written about the coverage available to Uber drivers and their passengers for injuries caused by third parties such as other drivers. Currently, we are handling a case for…

Our law firm handles both workers’ compensation and personal injury cases, claimant’s/plaintiff’s side only. For years we have been dealing with Medicare Set-Asides (MSA) in our workers’ compensation cases. We have not been doing it in our personal injury cases. It may be time to start. A Medicare Set-Aside is a legal device used to…

Our law firm receives a steady stream of inquiries from tenants, mostly residential, regarding dangerous conditions inside of their units. If someone has been injured, we ask if the landlord or maintenance company had notice of the dangerous condition in advance of the incident. If nobody has yet been injured, we instruct the callers to…

Florida’s workers’ compensation system, outlined in Chapter 440 of Florida’s statutes, allows four different types of wage loss benefits divided into two categories. The categories are temporary and permanent indemnity benefits. There are two types of temporary indemnity benefits, Temporary Total Disability (TTD) and Temporary Partial Disability (TPD). Section 440.15(2)(a) describes TTD as being a…

Everyone is familiar with the idiom, “Keep your eye on the ball.” What it means, quite simply, is to keep one’s attention focused on the matter at hand. Lawyers must remember this during intense situations. Last week we experienced just such an intense situation. In a case involving severe personal injuries sustained by our client,…