NOYES LEGAL NEWS

Another Reason to Carry Uninsured Motorist Coverage--5-Year-Olds Driving!

Imagine the surprise when witnesses learned that the car speeding through an Indiana neighborhood and going through yards and finally coming to a screeching halt was being driven by a 5-year-old!  His "mom" was passed out next to him after mixing vodka and sleeping pills so she could "deal with the kids."  His 3-year-old brother was in the back seat.  What a loser this woman is!!  To read the whole story, click here.

Thankfully, this time the only injuries were to mailboxes and bushes.  What if next time, you or a loved one gets injured because someone like this piece of trash allows his or her kids to drive.  What are the chances that she carries adequate liability coverage?

This is why it is so important to carry uninsured or underinsured motorist coverage.  This coverage protects you and your loved ones after a car accidents--especially when caused by 5-year-olds or other reckless drivers.  With this coverage, after an automobile accident, you make a claim against your coverage and have your insurance company sue the at-fault driver for any settlement your insurance company had to pay.

Check your car insurance policy now before you get in a car accident.  Make sure that you carry uninsured/underinsured motorist coverage.  Also, if you are in Florida, make sure that you requested "stacked" underinsured motorist benefits.  This will provide you and your family with added protection.

If you have any questions regarding uninsured/underinsured motorist coverage and how it can be used after a Florida car accident, please feel free to contact me.  Also, if you have been injured in a Florida automobile accident, please feel free to contact me.  You can easily reach me by clicking here.

LABOR DAY WEEKEND SAFETY TIPS

Labor Day weekend is traditionally the end of the summer season.  Families and individuals should take advantage of one last weekend of summer fun, but it is important that they do so safely.  Here are some tips for a safe Labor Day weekend:

1.  Wear a seat belt and make sure all passengers do as well, including children. 

2.  Slow down and obey the speed limit.  The higher the speed of the vehicle, the less time the driver has to stop and avoid a crash.  Excessive speed also contributes to severity of impact when a collision does occur.

3.  Don't drive after using alcohol or drugs.  According to the National Safety Council, someone dies in an alcohol-related crash every 30 minutes.

4.  Don't follow a vehicle too closely.  Keep a safe following distance to allow yourself room to maneuver or brake to avoid a car accident.

5.  When stopped at a traffic light, take one more look before proceeding when the light turns green.  According to the Insurance Institute for Highway Safety, red light running is on the rise nationwide.  Many drivers consider a yellow light as a last chance to get through an intersection rather than a caution signal.

6.  Anticipate.  Look far down the road.  Learn to spot problems and avoid them before they happen.

7.  Stay alert and focused.  Statistics indicate that drowsy driving causes more than 100,000 automobile accidents each year, resulting in 40,000 injuries and 1,500 deaths.

Car accidents are life-changing events that often have long-term or permanent consequences.  Sadly, they don't always happen to the other guy--it could happen to you.

Don't ruin this Labor Day holiday (and future ones to come) by a fatality, an automobile accident, or an impaired driving arrest.  Adjust your driving to stress safety. 

If you have been injured because someone else didn't follow these tips, contact me to discuss your rights and responsibilities by clicking here.  I will respond to your email within 4 hours of receipt of it.

Laminectomy Recommended After a Car Accident or Work Injury?

Many of my clients advise me that their doctor has recommended a laminectomy to address their injuries after a Florida car accident or work injury.  They are at a loss of what a laminectomy is and ask me for guidance.  Although I am not a doctor (and you should discuss any questions with your doctor), here is some general information on a laminectomy.

Often times, a car accident or work injury resulted in a herniated disc.  A herniated disc is small, circular cushion between the bones of your spine that has bulged out from its proper place in your back.  This herniated disc may press on nearby nerves and cause severe pain.  A laminectomy is a type of back surgery used to treat a herniated disc.

During the laminectomy, the surgeon removes a small part of bone from the back of the vertebra.  This part of the vertebra is called the lamina.  After the piece of bone is gone, the surgeon can remove the ruptured part of the disc that is pressing on the nerves, repair the layers of tissues that have been cut, and close the wound.  This should lessen the pain caused by the herniated disc.

Again, if a medical provider has recommended a laminectomy, consult with your doctor about the risks and benefits of this procedure.

If the need for the laminectomy is because of a Florida car accident or work injury (or other personal injury matter), it is important that you consult with an attorney before talking with the insurance companies.  My law firm has been represented those injured in Florida automobile accidents and work injuries for over 52 years.  To contact me to discuss your case, simply click here.

Insurance companies have attorneys looking out for their best interests after your Florida automobile accident or work injury, so should you!!

THIS TIME IT WAS A TREE & HIS FRIEND. WHAT ABOUT NEXT TIME?

Hulk Hogan's 17-year old son, Nick Bollea, has put his friend in critical condition and took out a tree on Sunday as he sped down a downtown street in my town, Clearwater.  I guess it could be worse as this street--close to where the accident happened--also has a City park and an elementary school nearby--a school where my Mom taught music and where my family attends.

Who is he going to hurt next time as he speeds down Florida's roads?  If history predicts the future, you know there will be a next time.  You see, Nick Bollea was cited two weeks ago in Pinellas Park, Florida for going 85 mph in a 45 mph zone.  Also, in April of this year, he was cited for driving 106 in a 70 mph zone in Osceola County.

I appreciate that there are everyday risks while driving.  I know that accidents happen.  However, it is not fair to any motorist, walker, or bicyclist to be put in a greater risk because some 17-year old (no matter who he or she is) feels it is OK to race down our roads.

Now, I like Hulk Hogan.  I admit that I am a wrestling fan.  However, I don't like to see innocent people being put in danger because someone puts their "need for speed" in front of the safety of others on the road.  Whether it is Hulk Hogan's son, your son or my daughter, excessive speeding will ultimately kill someone. 

If you have been injured because someone's "need for speed" resulted in you getting in a car accident, click here for more information about your rights.

Back to School -- Back Off the Gas

Now that our kids are back in school, it is even more important that drivers take additional steps to prevent injury to those children that walk or ride their bikes to school.

Drivers should do the following:

1.  Drive slowly and carefully in and around school zones.  Remember, not all the kids walking and riding bikes to school live in the limited school zone area so pay attention even before reaching the school zone.

2.  Even if you don't have kids, learn the school zones on your routine routes to work or when running errands.

3.  Watch for children walking in streets, especially if there are no sidewalks.  Remember, a motorist must give way to any pedestrian even if the pedestrian is NOT in a crosswalk.

4.  Where there are school buses, there usually are children.  Be alert around school buses and bus stops.

5.  Obey crossing guards--no matter how late you are for work!

The saddest cases for me to handle as a personal injury attorney are those where a mom & dad have to deal with the serious injury or death of a child.  Anything that can be done to avoid injury to a child should be done.

If your child has been injured because of the negligence of a driver, you should consult with an attorney before talking with the insurance companies.  Insurance companies have attorneys looking out for their best interest after your loved one gets hurt, so should you!

My firm has been representing those injured in Florida car accident and pedestrian accidents since 1955.  To contact me to discuss your case, simply click here.

ANOTHER UNFAIRNESS IN FLORIDA'S WORK COMP SYSTEM

Yesterday, the First District Court of Appeals again showed how unfair the Florida Workers' Compensation system is to injured workers.

Under Florida work comp law, if compensation payable under a workers' compensation "award" is not paid within 7 days after it becomes due, there is a 20% penalty.  When an injured worker who is not represented by an attorney enters into a washout settlement agreement with the workers' compensation carrier, the injured worker is entitled to the 20% penalty in the event of late payment. 

HOWEVER, the Florida's First District Court of Appeals ruled yesterday that if the same injured worker entered into the same washout settlement agreement with the same workers' compensation carrier, but has an attorney, the injured worker is NOT entitled to the 20% penalty when the carrier pays the settlement late.

This is just another example of unfair Florida's workers' compensation system is to injured workers.  I say, get rid of the workers' compensation system and give back the right to sue the employer when the employee gets hurt.  The system is broken and the insurance companies are taking advantage of it!

If you have questions regarding your rights and responsibilities after a Florida workers' compensation injury, simply click here to contact me.  I have been fighting for the rights of those injured in Florida car accident and workers' compensation claims for over 20 years.

EVEN FLORIDA'S GOVERNMENT DOESN'T KNOW WHAT IMPACT PIP'S EXPIRATION WILL HAVE

You think you and I are confused about the impact of the pending changes in Florida's No-Fault (PIP) Insurance law?  The Florida Department of Highway Safety and Motor Vehicles appears to be as well.

Presently, all drivers are required to carry No-Fault coverage (Personal Injury Protection) to cover medical expenses and lost wages after a car accident and property damage coverage.  However, without the Legislature saving it before October 1, Florida's requirement for No-Fault coverage expires.

Until this week, Florida Department of Highway Safety and Motor Vehicles officials were saying that most Florida drivers would no longer have to carry property damage coverage once No-Fault has expired.  Yesterday, they changed their tune.

Now, the Department says even if no-fault disappears, Florida drivers will still need to have at least $10,000.00 in property damage insurance coverage.  However, if they are correct, there is presently no way to enforce that requirement.

Which one is it?  Do we need property damage insurance or not?  Do the legislators really care more about having coverage in the event someone runs over a stop sign or hits a guardrail than making sure people have insurance coverage to pay for medical expenses, lost wages and even funeral expenses?  The answer is becoming obvious!!

To contact me to discuss your rights after a Florida car accident or work related injury, simply click here.

REHABILITATION AFTER A CAR ACCIDENT IS KEY

An injury from an automobile accident or work comp injury isn't healed once the swelling and bleeding have stopped.  An active rehabilitation program is needed to strengthen the injured areas and prevent re-injury.

The aim of the rehabilitation is to regain all the fitness components that were lost during the injury process.  Regaining your flexibility, strength, power, muscular endurance, balance, and coordination must be addressed.  Otherwise, you will likely never recover as well from injuries from an automobile accident or work related injury.

It is important that while you are recovering from the car accident or work comp injury that you do not do any activity that hurts the injured area.  Of course, you may feel some discomfort while you are rehabilitating the injured areas, it is important that you listen to your body and stop.  Pain is the warning sign; don't ignore it.

Recovering from a car accident or work injury takes time and patience.  It is important that you do not ignore the importance of rehabilitation.  Surgery, pain pills, and/or chiropractic adjustments are not enough.  Rehabilitation of the injured areas must be incorporated in any recovery.

If you have been injured in a car accident or work injury, it is important that you consult with an attorney before talking with the insurance companies.  The insurance companies have attorneys working for them after your car accident, so should you.  My law firm has been fighting for those injured in Florida automobile accidents and work injuries for over 52 years.  To contact me to discuss your case, simply click here.

FLORIDA CFO URGES CONTINUATION OF FLORIDA PIP COVERAGE

"A reformed no-fault law or a suitable replacement will benefit Floridians directly by protecting families."  This is what Florida's Chief Financial Offer Alex Sink writes as she urges Governor Crist and Florida's Legislature to put the no-fault dispute on the upcoming special legislative session.

CFO Sink writes that she thinks Florida needs a system that includes the following:

1.  Florida should require mandatory medical benefits insurance for owners and operators of motor vehicles regardless of who is at fault in the car accident.  This would particularly help the 20% of Floridians who lack health insurance.

2.  Medical benefits insurance should include mandatory cost containment provisions such as fee schedules.

3.  Florida must continue to combat all forms of insurance fraud.  CFO Sink does not believe that canceling PIP is the answer.  Experience in other states has shown that fraud happens in any system.

To read the entire article written by CFO Alex Sink, simply click here.

As an attorney who has represented thousands after a car accident, I have seen the benefit of Florida's No-Fault system.  I have seen families getting medical treatment after an automobile accident without having to worry about whether the at-fault driver had insurance.  I have seen families not have to file lawsuits because most of the medical expenses were paid by Florida's PIP benefits.

That being said, I have seen abuses to the PIP, no-fault system.  The Florida's Legislature can easily make those changes and we can all be protected.  In fact, those changes were made last years and the Legislature passed a bill that addressed all the worries, but then-Governor Bush vetoed it!

If you care about your protections and your family's protection after an automobile accident, you should contact Governor Crist by clicking here and your Legislators and urge them to keep PIP--just like your Chief Financial Officer has done.

Husband Killed While Checking on Wife After Car Accident

Sadly, after receiving a call that his wife was in a car accident, a Tampa Bay man went to check to make sure that his wife was ok.  While going to check on his wife after she was involved in a car accident, a Tampa Bay man was killed when he was hit by a car as he was crossing a ramp to talk to the other driver.

This sad case is a reminder that if you are involved in a car accident, you should move the vehicles out of the roadway.  This way, those involved in the car accident and others around the scene are not at risk of further injury.

If you have been injured in a car accident, you should consult with an attorney before talking to the insurance companies.  Insurance companies have attorneys looking out for the insurance company's best interest, so should you!

My law firm has been representing those injured in Florida car accidents and work related accidents for over 52 years.  To contact me to discuss your case, simply click here.