NOYES LEGAL NEWS

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Attorney Matthew Noyes Recognized For His Dedication

For the third year in a row, Attorney Matthew Noyes was named one of Florida Trend's Legal Elite.

When the Florida Trend invited all in-state members of the Florida Bar to nominate attorneys whom they hold in the highest regard or would recommend others, Attorney Matthew Noyes was nominated. The ballots throughout the state were processed, checked and tabulated and each lawyer was given a score based on the number of votes he or she received. The list of top vote-getters was further examined using membership status and histories provided by the Florida Bar. A panel of previous Legal Elite winners, representing different practice areas in cities across the state, reviewed the selection process and the list of finalists. Attorney Matthew Noyes was survived the process and was named one of Florida Trend's Legal Elite. The resulting lists represent fewer than 2% of the active Florida Bar members who practice in Florida.

Attorney Matthew Noyes has been working in the personal injury field for nearly 30 years. He is a named partner at Perenich, Caulfield, Avril & Noyes, P.A. – Clearwater's longest established personal injury law firm. He helps those injured in car accidents, motorcycle crashes, bicycle accidents and other personal injury matters. In addition, he helps injured workers in their workers' compensation claims and fights for those applying for Social Security Disability benefit.

"It is an honor to be named in the Florida Trend's Legal Elite," says Attorney Matthew Noyes. "I am thrilled that my passion for my clients is seen by my peers."

What New Florida Laws Become Effective Today?

Every July 1^st, the Florida legislature causes our law library to fatten up because this is the day that new Florida laws coming to effect. This year, 130 new laws were signed by Governor Scott. Several of the new laws simply made technical changes to state statutes or many more were tied to the $78.2 billion spending plan. For a breakdown of all the new Florida laws, WPTV.com gives a thorough summary of the laws. Below are just some of them:

• There are tax cuts on the cost of gun club memberships, college textbooks, luxury boat repairs, certain agricultural supplies and services, school extracurricular fundraisers, aviation fuel at select flight-training academies, and on motor vehicles purchased overseas by internationally deployed service members from Florida.
• There should be a reduction of the communications-services tax on cell-phone and cable-TV bills which could save a projected $20 a year for people paying $100 a month for the services.
• The sales-tax-holiday is extended to 10 days starting Aug. 7 on clothing under $100, school supplies that cost $15 or less and the first $750 of personal computers purchased for non-commercial use.
• A hot topic is the required 24-hour waiting period before women can have abortions. Under the law, information about abortions must be provided in person to the women at least 24 hours before a procedure is performed. There are exceptions for victims of rape, incest, domestic violence or human trafficking --- but those victims can waive the 24-hour wait only if they can produce police reports, restraining orders, medical records or other documentation.
• The "All-American Flag Act" became law requiring U.S. and Florida flags purchased by governments in Florida after Jan. 1, 2016, to be made from materials grown, produced and manufactured in the United States.
• The law is now clear that local law-enforcement agencies cannot use ticket quotas. Also, the law requires individual local governments to submit reports to the Legislature if traffic-ticket revenues cover more than 33 percent of the costs of operating their police departments.
• No Drones. SB 766 prohibits the use of aerial drones to capture images that could infringe on the privacy of property owners or occupants. However, the prohibition doesn't include agencies countering the risk of terrorist attacks, police who obtain search warrants that authorize the use of drones, property appraisers making tax assessments, and utilities maintaining their facilities. Reminds me of a Modern Family episode.
• Thank goodness Chuck E Cheese can stay open! HB 641 became law that clears up confusion created by a 2013 law that shut down Internet cafes. This year's law is intended to make it clear that amusement games can continue operating at businesses such as Dave & Buster's and Chuck E. Cheese's.
• HB 269, allows terminally ill patients to access certain experimental drugs. Dubbed the "Right to Try Act," the law focuses on drugs that have been through what is known as "phase 1" of a clinical trial but have not been approved for general use by the U.S. Food and Drug Administration.
• HB 4011, repeals a law capping at four the number of vehicles that can be covered by a single family insurance policy.
• Your email address is protected! SB 7040 was passed that provides an exemption to public record requests as to email addresses that the Department of Highway Safety and Motor Vehicles collects related to driver's licenses and motor-vehicle records. Also, SB 200 exempts taxpayers' email addresses obtained by tax collectors in the process of sending tax notices.
• People without conceal-carry permits can now pocket their weapons when forced to leave home because of hurricanes and other disasters.
• Rural letter carriers can drive without a seat belt while working their route.
• Lastly, in an attempt for younger votes, there will be fewer tests given to public-school students.

I know, it seems crazy to have so many laws, but laws are needed in a civilized society. In order for us all to enjoy the peace we celebrate this weekend, we need laws – even some crazy ones!

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Personal Injury Attorney Matthew Noyes represents those injured in car accidents, motorcycle crashes, bicycle accidents, pedestrian accidents and other types of personal injury matters. His Clearwater law firm – Perenich Caulfield Avril Noyes – is one of the oldest personal injury law firms in Pinellas County. Call Attorney Matthew Noyes now at 727-796-8282 or simply click here to schedule a free case consultation.

Fatal Motorcycle Accident Reminds All to Watch Out for Motorcycles

A young man was killed in a Tampa motorcycle accident this weekend after a car turned in front of him. This accident should serve as a reminder to all drivers to watch out for motorcycles. If there is a motorcycle in the area, give added attention because a collision with a motorcycle can result in significantly worse injuries than an accident with another vehicle.

According to Bay News 9, Kristopher Graham, 20, of Tampa was traveling south on Bruce B. Downs Boulevard around 5:30 p.m. in the median lane, ahead of another motorcycle driven by Antoine Jones of Tampa. A driver of a Toyota Camry was headed north and attempting to turn left into University Plaza when she crossed into the path of Mr. Graham without warning. Mr. Graham's motorcycle struck the passenger side of Camry and Mr. Jones then collided with Mr. Graham's motorcycle. Mr. Graham died at the scene and Mr. Jones suffered road burns to his arms and legs and was transported to Florida Hospital Tampa.

This accident not only reminds us of the importance of watching out for motorcycles, but also highlights the dangers of turning left. Before making a left turn in front of traffic, make sure that there is more than enough space. Waiting a few extra minutes is far better than risking your life and the safety of other vehicles.

Drive and ride safely and watch out for those who don't.

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Personal Injury Attorney Matthew Noyes represents those injured in car accidents, motorcycle crashes, bicycle accidents, pedestrian accidents and other types of personal injury matters. His Clearwater law firm – Perenich Caulfield Avril Noyes – is one of the oldest personal injury law firms in Pinellas County. Call Attorney Matthew Noyes now at 727-796-8282 or simply click here to schedule a free case consultation.

 

Helpful Driving Reminders for the Summer

It is finally here – Summer! Sleeping in late, family picnics and vacation! This all sounds great, but it is important to remember a few things about driving this summer so you or a family member is not involved in a serious car accident or left without insurance to pay for your medical bills and other damages. Thinking of these things now may prevent a summer car accident or a summer headache:

• Clearwater and the Tampa Bay area are favorite vacation spots. This means a lot of drivers that may not know their way around. Too many drivers unfamiliar drivers try to turn left from the right lane or are looking for signs or the scenery and not paying attention to the road. You can be the safest driver, but you should be on heightened alert in case you happen to be on the road with one of these drivers.
• The rental car companies were successful in escaping liability when one of their drivers causes a car accident so it is important that you have uninsured or underinsured motorist coverage. Typically, in Florida, the owner of a vehicle is responsible for any permissive driver of their vehicle. However, under the federal Graves Amendment, for-profit rental car companies escape liability stemming from the negligent actions of those who rent or drive their vehicles. Thus, if you or a loved one is injured by a rental car driver and they do not carry their own coverage, you may be left responsible for the payment of your own medical expenses and other damages. Your uninsured or underinsured motorist coverage will protect you in this situation. So, check your car insurance policy and make sure you have uninsured motorist coverage.
• Speaking of rental cars, if you are involved in a car accident out of state in your vehicle, your Personal Injury Protection coverage on your policy will pay for medical expenses and lost wages up to $10,000.00. However, if you were driving a rental car out of state and are involved in a car accident, your PIP coverage will not pay your medical expenses and lost wages.
• Every 52 minutes someone dies in the United States in an alcohol-related automobile accident. If you plan to drink, designate a sober driver before going out. Don't make your family members have to care for you or bury you because of a drunk driving accident.

Enjoy the Summer! Treasure the fun and the family, but do it safely and watch out for those who don't!

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Personal Injury Attorney Matthew Noyes represents those injured in car accidents, motorcycle crashes, bicycle accidents, pedestrian accidents and other types of personal injury matters. His Clearwater law firm – Perenich Caulfield Avril Noyes – is one of the oldest personal injury law firms in Pinellas County. Call Attorney Matthew Noyes now at 727-796-8282 or simply click here to schedule a free case consultation.

Show Pride For Living in Pocotopaug

Where is Pocotopaug? My family and I moved there almost 40 years ago. I attended grade school and high school there. I have worked in Pocotopaug's oldest personal injury law firm for nearly 25 years. Lastly, Pocotopaug is celebrating its 100^th birthday! Yes, Pocotopaug is Clearwater, Florida. Literally translated "Clear Water" from the native Indian "Pocotopaug", the area now known as Clearwater was named for its abundant fresh springs along the shore. The area was settled by colonists in the mid-1830s, but it took until the 1890s for Clearwater to gain a reputation as a resort community.

This weekend, Clearwater concludes its week of 100^th birthday celebrations with a parade and community block party. For us oldtimers, this parade should be better than the old Fun 'n Sun parades of years past. The parade and community block party is scheduled for tomorrow, Saturday, May 30, and is set to kick off at 6:30 p.m. at the intersection of Highland Avenue and Drew Street. The parade will travel down Drew Street and will end at Coachman Park, where there will be a community block party and fireworks finale.

The Grand Marshal for the parade will be Cozi Zuehlsdorff, star of Dolphin Tale and Dolphin Tale 2, who helped put Clearwater on the national map. During the block party, people will have an opportunity to meet and greet with Cozi Zeuhlsdorff, meet and pose with Tampa Bay mascots, and enjoy the Clearwater Marine Aquarium touch tank. The night will be topped off by a performance by Clearwater's-own Caroline Kole from 8:45 to 9:30 p.m. and a fireworks finale at 9:30 p.m. If you have not seen Caroline Kole in concert, you are missing out. Caroline Kole puts on a great show, has a wonderful family and is a wonderful singer!

Sadly, pride in hometowns is declining these days. Show your pride in Clearwater by attending the parade and concert!

Happy 100^th Birthday, Clearwater! We at Perenich, Caulfield, Avril & Noyes, P.A. are proud to have been with you for the past 60 years and look forward to many more decades together!

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Personal Injury Attorney Matthew Noyes represents those injured in car accidents, motorcycle crashes, bicycle accidents, pedestrian accidents and other types of personal injury matters. His Clearwater law firm – Perenich Caulfield Avril Noyes – is one of the oldest personal injury law firms in Pinellas County. Call Attorney Matthew Noyes now at 727-796-8282 or simply click here to schedule a free case consultation.

 

 

 

The Dangers of the Bounce House

As a parent of a 9-year-old boy (and a 27 year daughter), I have seen my share of bounce houses at kids' birthday parties. I agree that they can be a lot of fun, but they can also be very dangerous. If you are going to have one of these at your child's birthday party, you better confirm that you have homeowner's insurance.

Injuries can occur in bounce houses because of too many kids in there at the same time, age variance of the kids inside, and . . . the bounce house being lifted into the sky with kids in it! Yes, that does happen.

This weekend in Fort Lauderdale, Florida, three children were injured when the inflatable bounce house they were in lifted into the sky and sending it flying above palm trees, across a parking lot and over four lanes of traffic – as kids were falling out of it in the process.

Injuries in bounce houses are not uncommon. According to CNN, two boys from upstate New York were seriously injured last year after falling nearly two stories when a gust of wind swept up the house in which they were playing. In New Hampshire, a gust of wind swept a bounce house over a 10-foot fence at with the two boys trapped inside.

A study by Dr. Gary Smith of the Nationwide Children's Hospital in Columbus, Ohio, found that the number of bounce house-related injuries rose 1,500% from 1995 to 2010. In 2010, 31 children were treated in emergency departments each day on average, according to the report. "That's about one child every 45 minutes," Smith, who is the director of the Center for Injury Research and Policy at Nationwide Children's Hospital, said at the time.

Ideally, the bounce houses are to be staked to the ground with 18 inch stakes at a 45 degree angle to prevent disengagement. Also, if winds are blowing at 10-15 mph or if the top of the trees are swaying, the bounce house should be deflated.

Sorry, son, there will never be a bounce house in our front or back yard. Parents, if a child is injured at your child's party, they have a right to make a claim against your homeowners' insurance policy so beware!

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Personal Injury Attorney Matthew Noyes represents those injured in car accidents, motorcycle crashes, bicycle accidents, pedestrian accidents and other types of personal injury matters. His Clearwater law firm – Perenich Caulfield Avril Noyes – is one of the oldest personal injury law firms in Pinellas County. Call Attorney Matthew Noyes now at 727-796-8282 or simply click here to schedule a free case consultation.

What Does Rays Pitcher Alex Cobb Have In Common With Car Accident Victims?

Tampa Bay Rays starting pitcher (and all-around good guy) Alex Cobb was recently diagnosed with a partially torn ligament in his elbow. Although he likely sustained this elbow injury by pitching 95 mile an hour fastballs, it is not uncommon for elbow injuries to occur after car accidents or workers' compensation injuries. Three types of elbow injuries that can be caused by a car accident or work comp accident include a sprain; lateral epicondylitis; and medial epicondylitis.

An elbow sprain is defined as a stretch or tear to one or more of the ligaments found in the elbow area. This type of injury can be caused in a car accident when the elbow is hyperextended or simply jammed, such as in a "stiffarm" collision. This can happen when a driver is driver is gripping onto their steering wheel bracing for a car accident. It can also happen when the elbow is struck by the door in a side-impact crash.

Lateral epicondylitis is also known as tennis elbow. This injury can be caused by work activities.The lateral epicondyle is the outside bony portion of the elbow where large tendons attach to the elbow from the muscles of the forearm. A person can develop lateral epicondylitis through repetitive motions of the forearm, such as using a manual screwdriver, washing windows, or hitting a backhand in tennis (hence the nickname). This tendon injury produces pain over the outside of the elbow with associated warmth and/or swelling in the elbow area.

Medial epicondylitis can be considered the opposite of lateral epicondylitis because it is injury to the tendons of the forearm which attach to the inner elbow. Because these tendons can be strain in a golf swing, this injury can be referred to as "golfer's elbow." Golfer's elbow develops local pain and tenderness over the inner elbow.

Let's hope Alex Cobb is able to bounce back from his elbow injury and lead the Rays in wins. If you or a loved one is experiencing elbow injuries from a car accident or work comp injury, it is important that you seek the advice of an orthopedist. Treatment may be just medication or injections, but without attention, surgery could be indicated.

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Personal Injury Attorney Matthew Noyes represents those injured in car accidents, motorcycle crashes, bicycle accidents, pedestrian accidents and other types of personal injury matters. His Clearwater law firm – Perenich Caulfield Avril Noyes – is one of the oldest personal injury law firms in Pinellas County. Call Attorney Matthew Noyes now at 727-796-8282 or simply click here to schedule a free case consultation.

 

Going to Mediation After a Car Accident or Work Comp Claim?

A mediation conference is something that many of my personal injury and workers' compensation clients will experience in their case. Often times, a person involved in a car accident or work accident has not been involved in a mediation and is uncertain as to what will happen. This article will discuss what mediation is and the process of mediation.

Mediation has become very prevalent in Florida's court system. Before we can get a jury trial date in a personal injury case, the case must go through the mediation. Similarly, before going before the Judge of Compensation Claims after a workers' compensation accident, mediation is required. This requirement is so the parties can attempt to resolve the issues without further delay and costs.

What is Mediation?

Mediations in Florida are governed by Chapter 44 of the Florida Statutes. Florida Statute 44.1011(2), defines mediation as "a process whereby a neutral third person called a mediator acts to encourage and facilitate the resolution of a dispute between two or more parties. It is an informal and nonadversarial process with the objective of helping the disputing parties reach a mutually acceptable and voluntary agreement. In mediation, decision-making authority rests with the parties. The role of the mediator includes, but is not limited to, assisting the parties in identifying issues, fostering joint problem solving, and exploring settlement alternatives."

There are many key phrases in that definition that need explanation. As you can see, there is no mention of a judge or jury in mediation. Rather, there is a mediator. The mediator is typically an attorney who is not acting on behalf of either party during the mediation. I refer to the mediator as a "communication facilitator" before she or he passes information back and forth between the parties. Also, the definition highlights that mediation is "informal and nonadversarial." This means that mediations typically happen in law offices and not courtrooms. The formalities of the civil rules of procedure are not enforced. However, I respectfully disagree that the mediation is nonadversarial. There is an adversary on the other side trying to discredit the opponent's positions and argument. Lastly, the definition discusses a "voluntary agreement." Unlike a jury trial or Judge's ruling, the parties can "agree to disagree" at the mediation and not reach a conclusion to the case. No one at mediation can force a settlement or make a final ruling. However, if the case does proceed to trial or Final Hearing, ultimately the final decision will be made by the jury or judge.

Who Attends Mediation?

The parties to the dispute must show for mediation. In addition, if they have attorneys, the lawyers must show for mediation. Although they are technically a party to the lawsuit, the insurance adjuster for the party will likely show for mediation instead of the alleged at-fault party. This is because it is the insurance adjuster who decides what monetary settlement offers will be made to resolve the issues. Family members of the party are able to attend as well. This is particularly helpful in situations where the party cannot make decisions without the family member. Lastly, the mediator certainly attends the mediation.

If a party fails to appear at a scheduled mediation without first having obtained the court's permission, sanctions may be imposed.

The Mediation Process

Although every mediation is different, most follow a similar routine. In the beginning of mediation, the mediator discusses the mediation with the parties. This discussion includes explaining the mediation process, describing the role of the mediator and the fact that the mediator has no authority to impose a resolution or make decisions, and explains that communications are confidential with certain exceptions.

Thereafter, each side presents their case to the other side and mediator. Sometimes, this is the first time that all the parties are together to discuss their respective sides. These opening statements should be brief and simply provide an overview of the case and the party's position. Sometimes, overzealous attorneys try to bully the other side during these opening statements. Personally, I find these tactics not helpful in getting the issues resolved.

After the opening statements, the parties typically break into separate room so the mediator can talk to each party privately. These are called caucuses. During these discussions with the mediator, settlement offers and demands are often relayed with an exchange of information or documentation. A mediator's role in these caucuses is to guide the process and gently assist the parties in breaking down the barriers to resolution.

If the parties are able to reach an agreement, the mediator will write up a mediation agreement. This written agreement is signed by all parties and that document is a legally binding contract that can be enforced by the Court.

If the case cannot be resolved at mediation, the parties move forward with the case towards a jury trial (personal injury case) or Final Hearing (workers' compensation claim).

Conclusion

Mediation Conferences can provide an opportunity to resolve a dispute without having to take the case to a jury trial or Judge. It empowers the parties to decide their case instead of six strangers (a jury) or the Judge. If the case can be resolved at mediation, the clients can net a higher net recovery because of the cost savings of avoiding further litigation. It can also help the clients emotionally by giving them closure.

When done right with an effective mediator, a mediation is a wonderful tool for all parties in any type of litigation.

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Personal Injury Attorney Matthew Noyes represents those injured in car accidents, motorcycle crashes, bicycle accidents, pedestrian accidents and other types of personal injury matters. His Clearwater law firm – Perenich Caulfield Avril Noyes – is one of the oldest personal injury law firms in Pinellas County. Call Attorney Matthew Noyes now at 727-796-8282 or simply click here to schedule a free case consultation.

Do You Drive More Than the Average Driver?

As a personal injury attorney, I know there are a lot of bad drivers on the road causing car accidents. Each minute on the road makes you a target for a car accident. The AAA Foundation for Traffic Safety recently released a survey detailing how often Americans are targets of car accidents.

Some of the results of the study include:

    1.    Motorists age 16 years and older drive an average of 29.2 miles per day or 10,658 miles per year.

    2.    Women may take more driving trips, but men spend 25 percent more time behind the wheel and drive 35 percent more miles than women.

    3.    Teenagers and seniors over the age of 75 drive less than any other age group while motorists age 30-49 more than any other age group (an average 13,140 miles annually).

    4.    There is a correlation between education and driving. A driver with a grade school or some high school education drove an average of 19.9 miles and 32 minutes daily, while a college graduate drove an average of 37.2 miles and 58 minutes.

    5.    Floridian drivers and other southern state drivers drive the most with northeastern drivers drive the least.

    6.    On average, Americans drive fewer miles on the weekend than on weekdays.

So, if the average speed (including the zero mph at the traffic lights) is 30 miles an hour, you are a target for a car accident about 1 hour a day. If you are like me and have an average speed of around 20 mph because of all the traffic lights, you are a target for a car accident for approximately 90 minutes a day.

So, drive safely and watch out for those who don't.

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Personal Injury Attorney Matthew Noyes represents those injured in car accidents, motorcycle crashes, bicycle accidents, pedestrian accidents and other types of personal injury matters. His Clearwater law firm – Perenich Caulfield Avril Noyes – is one of the oldest personal injury law firms in Pinellas County. Call Attorney Matthew Noyes now at 727-796-8282 or simply click here to schedule a free case consultation.

 

Spring Break Is Not Over for All So Stay Alert for Car Accidents

Although many are wrapping up their Spring Break, a few of us are just starting ours. This means that you must stay vigilant on the roads to avoid being involved in a car accident.

According to TIME, spring break results in a sharp jump in traffic accident fatalities. Citing an study published in Economic Inquiry, TIME quotes the researcher saying: “We found that between the last week of February and the first week of April, a significantly greater number of traffic fatalities occurred in spring break hot spots compared to other locations in the same states and at other times of the year,” said researcher Michael T. French.

To support this conclusion, the researchers looks that car accident fatalities in 14 popular spring break destinations from Florida to California and compared those numbers to non-Spring Break driving. The results were that death tolls were 9.1% higher during spring break in these destinations, with a higher fatality incidence among drivers under 25 and those traveling from out-of-state.

To confirm that this time of the year was not all around more dangerous, the researchers looked at numbers of car accidents in non-spring break destinations for the same period and found that there was no increase in traffic accident fatalities in non-spring break destinations.

If you are wrapping up your Spring Break or just starting it, stay alert on the roads. Spring Break brings unfamiliar drivers who are often distracted by other things. So drive carefully and watch out for those who don’t!

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Personal Injury Attorney Matthew Noyes represents those injured in car accidents, motorcycle crashes, bicycle accidents, pedestrian accidents and other types of personal injury matters. His Clearwater law firm – Perenich Caulfield Avril Noyes – is one of the oldest personal injury law firms in Pinellas County. Call Attorney Matthew Noyes now at 727-796-8282 or simply click here to schedule a free case consultation.

 

A Creative Way To Gather Evidence of a Bicycle Accident

After a car accident or bicycle accident, there is often a dispute about who caused the crash. Many bicyclist and motorcyclists are now taking steps to reduce the argument by mounting cameras on the front and rear of their bicycles to capture video of road rage drivers as evidence for police.

In a recent Bay News 9 story, Mark Yeager, the owner of St. Pete Bicycle and Fitness, states he was one of a group of cyclists who were riding across the Sand Key bridge in Clearwater a couple of weeks ago, when a bus tried passing and got way too close. Fortunately, another cyclist caught the incident on video.

Cameras on the bicycles would also help track down those drivers that fail to stop after causing a bicycle accident.  Recently, John Thompson and Rebecca Lerant were seriously injured riding their bicycles during a charity event the Ride to Recovery and the driver failed to stop. A mounted camera may have captured the driver or the gold Chevy Trailblazer’s license plate number.

It’s getting cheaper to do this as you can get a GoPro camera for about $130.  If nothing happens during the ride, simply delete that file and get ready for the next ride. Who know, you may capture evidence after a car accident or bike accident or you may just capture beauty Florida scenery.

Ride safely and watch out for (and video) those who don’t.  Bad drivers, beware! You may be on Candid Camera!

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Personal Injury Attorney Matthew Noyes represents those injured in car accidents, motorcycle crashes, bicycle accidents, pedestrian accidents and other types of personal injury matters. His Clearwater law firm – Perenich Caulfield Avril Noyes – is one of the oldest personal injury law firms in Pinellas County. Call Attorney Matthew Noyes now at 727-796-8282 or simply click here to schedule a free case consultation.

What Happens Every 46 Minutes on St. Patrick’s Day?

According to U.S. News & World Report, 37 million Americans will celebrate St. Patrick's Day at a bar or restaurant and 13 million pints of Guinness will be consumed worldwide on St. Patrick's Day.

Enjoy your green beer and corned beef and cabbage, but watch out for those on the road who celebrate too much and then drive. U.S. News & World Report report that there were 276 drunk driving car accident death on St. Patrick's Day from 2009 through 2013 which calculates to a person being killed in an alcohol-related car accident every 46 minutes on St. Patrick's Day. Of the fatal car accidents on St. Patrick's Day, 75% of the car crashes involve a driver twice over the legal drinking limit. The most dangerous time to be on the road is reportedly between midnight and 5:59 a.m.

Drink all the green beer or Guinness you want, but do it responsibly! If you or someone you are celebrating with has too much to drink, remember that AAA & Budweiser will provide you and your car a safe ride home through their Tow-to-Go program tonight. This service is FREE and available to both AAA members and non-members. Simply call (855) 2-TOW-2-GO or (855) 286-9246. AAA tow trucks can take up to two people and their car home.

What better way to end than with an Irish saying: "May you have the hindsight to know where you've been, the foresight to know where you are going, and the insight to know when you have gone too far."

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Personal Injury Attorney Matthew Noyes represents those injured in car accidents, motorcycle crashes, bicycle accidents, pedestrian accidents and other types of personal injury matters. His Clearwater law firm – Perenich Caulfield Avril Noyes – is one of the oldest personal injury law firms in Pinellas County. Call Attorney Matthew Noyes now at 727-796-8282 or simply click here to schedule a free case consultation.

 

Social Security Disability Benefits Are Not As Easy to Get as the WSJ Thinks

Social Security Disability was under attack in Monday's Wall Street Journal. An opinion piece wrote "a system designed to serve society's vulnerable has morphed into a benefit bonanza that costs taxpayers billions of dollars more than it should." The author couldn't be more wrong and the Los Angeles Times tells us why.

The authors of the opinion piece purposefully used old data to make their case. Using dated from 2008 (seven years ago), the authors try to convince their reader that Social Security Disability judges approve about 70% of the claims. If they used the correct data, they would have informed their readers that Social Security's own inspector general's office compiled the data through fiscal 2013 for a report issued last July that showed the average approval rate has been coming down for years--reaching 56% in fiscal 2013. According to DisabilityJudges.com, the latest national average for ALJ decisions on social security disability claims shows 44% approved, 38% denied, and 18% dismissed.

The WSJ piece also attacked the "huge backlog" in the Social Security Disability system claiming that is partially caused by those seek SSD playing "adjudication roulette, filing and then withdrawing appeals in hopes of drawing a generous judge." Although they are correct that there is a backlog (the average wait time for a hearing after being denied social security disability benefits is 12.8 months), they supply no evidence to support their claim that claimants are "judge shopping." The process to obtain social security disability benefits is confusing enough. Claimants without lawyers would not know how to do this. Also, it is nearly impossible to know what judge you would get if you withdraw and refile your claim for Social Security Disability benefits.

Instead of focusing solely on the judges with higher approval rates, why don't the authors look at those judges with uncommonly low approval rates? According to the LA Times, the inspector general found was that ALJs with unusually low rates of approval also had above-average rates of remands and reversals when their rulings were appealed to the agency's appeals council.

Let's put politics aside and look at the people who truly need social security disability benefits. The time and hassles and difficulty to obtain what averages out to be $1,165 per month are not something most people would go through. Are there some "fraudulent" claims? Yes, but there are bad doctors, bad lawyers, and even bad priests, but those few don't make all of the doctors, lawyers and priests bad.

So, if you read articles about Social Security Disability recipients, try to take the politics out of the article. I am sure that any one of my clients that I represent would be happy to tell you the hell they are going through to get SSD benefits and that they would much rather be able to work than earn the small social security benefits they may receive after years of battling.

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Attorney Matthew Noyes represents those fighting to obtain social security disability benefits. His Clearwater law firm – Perenich Caulfield Avril Noyes – is one of the oldest personal injury law firms in Pinellas County. Call Attorney Matthew Noyes now at 727-796-8282 or simply click here to schedule a free case consultation.

Clients Have Brought Different Things to Me, But Never This . . .

In the 25 years that I have been doing personal injury law, clients have brought many things to my office that pertain to their cases. It may be photos from the accident scene if they were involved in a car accident, the shoes they were wearing if they had a slip and fall accident, or paperwork if they have a workers' compensation claim. They have even brought presents or treats for me and my staff. But, a dead body – never!

According to the Tampa Bay Tribune, a Lee County man put his dead neighbor in the bed of his pickup truck and drove to his lawyer's office claiming he'd killed the man in self-defense. The attorney told the reporters that the client showed up around 4 p.m. yesterday, saying he didn't know who else to trust. The man apparently wrestled a gun away from his neighbor and fatally shot him earlier Wednesday during a dispute property work.

To any of my clients reading this, you are welcome to bring almost anything to me relating to your case. Of course, treats are always welcome too! However, don't bring this type of evidence.

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Personal Injury Attorney Matthew Noyes represents those injured in car accidents, motorcycle crashes, bicycle accidents, pedestrian accidents and other types of personal injury matters. His Clearwater law firm – Perenich Caulfield Avril Noyes – is one of the oldest personal injury law firms in Pinellas County. Call Attorney Matthew Noyes now at 727-796-8282 or simply click here to schedule a free case consultation.

 

Hit & Run Car Accident Near Countryside Mall Reminds Us of Need for UM Coverage

A hit-and-run car accident near Countryside Mall on Saturday night should remind all of us about the importance of uninsured motorist coverage.

According to Bay News 9, five women traveling in a sport utility vehicle were seriously injured when a 2005 Ford F-150 truck slammed into the rear of their vehicle as they slowed for a caution light at Republic Drive on U.S. 19 on Saturday night. Instead of rendering aid after causing the rear-end crash, the driver of the pickup truck fled on foot. The pickup truck kept going until for about a half-mile before stopping along the exit ramp to State Road 580.

Do you think this fleeing pick-up truck driver carried enough (or any) bodily injury insurance coverage to compensate the five injured women for their medical bills, lost wages and other damages? I suspect it is highly unlikely.

It is in these situations – when you are injured by an uninsured motorist or someone who does not carry adequate bodily injury liability coverage – when uninsured/underinsured motorist coverage (UM) is so important. This coverage will provide protection to you and your loved ones after a car accident. This coverage will also eliminate the need for you to have to sue the uninsured driver for your injuries while permitting your insurance company to try to recoup damages they paid from the uninsured driver.

Your bodily injury liability coverage (BI) protects everyone else on the road if you should cause injury in a car accident. However, it does not protect you and your family if you sustain injuries in an automobile accident. That is why uninsured motorist coverage is so important.

Check your car insurance policy today to make sure that you have uninsured motorist coverage on your policy. The mere fact that your insurance agent said that you have "full coverage" does not mean that you have uninsured motorist coverage because it is elective coverage and not required. Check now before you are injured in a car accident like these ladies who were simply stopping for a light on U.S. 19 on Saturday night.

Drive safely and watch out for those who don't.

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Personal Injury Attorney Matthew Noyes represents those injured in car accidents, motorcycle crashes, bicycle accidents, pedestrian accidents and other types of personal injury matters. His Clearwater law firm – Perenich Caulfield Avril Noyes – is one of the oldest personal injury law firms in Pinellas County. Call Attorney Matthew Noyes now at 727-796-8282 or simply click here to schedule a free case consultation.

Which Car Does Consumer Reports Say Is Best If In a Car Accident?

No matter what car you drive, the chances of being involved in a car accident are about the same. However, what cars are the best according to Consumer Reports magazine's annual report card?

The Consumer Report doesn't really indicate that the car is the safest car in a car accident. Consumer Reports buys vehicles anonymously and performs more than 50 tests on them, including evaluations of braking, handling and comfort. Top picks must be at or near the top of the rankings in performance, reliability and safety, the magazine says so safety in a car accident does play a role.

According to Tampa Bay Action 10 News, Lexus, Mazda, Toyota, Audi and Subaru took the top five brand spots. A bright spot for American-made cars is that Buick is the first U.S.-based automotive brand to crack the top 10 in Consumer Reports magazine's annual brand report cards. Also, U.S. automakers also placed three vehicles on the magazine's list of "top picks" for vehicles, the first time that's happened in 17 years. Also in the top ten were Porsche, Honda, Kia and BMW.

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According to Tampa Bay ABC Action News, the winners by category are"

BEST OVERALL: Tesla Model S

COMPACT CAR: Subaru Impreza

MIDSIZE CAR: Subaru Legacy

LARGE CAR: Chevrolet Impala

GREEN CAR: Toyota Prius

LUXURY CAR: Audi A6.

SPORT SEDAN: Buick Regal

SMALL SUV: Subaru Forester

MIDSIZE SUV: Toyota Highlander

MINIVAN: Honda Odyssey

Butm how about a used car. According to Colorado's NBC 9News, the ten used cars that Consumer Reports recommends for less than $10,000:

For small cars:

2008 Mazda3 is fuel-efficient, fun to drive, and unlikely to wind up in the shop.

2005-2008 Pontiac Vibe is a roomy yet compact hatchback that's reliable.

2007-2009 Volkswagen Rabbit gives you a sporty European driving experience with nice interior materials for the price.

For sedans:

2005 Acura TL

2005 Acura TSX

2005 Toyota Avalon

2006-2008 Hyundai Sonata and 2007-2008 Kia Optima 4-cylinders. They're basically the same car

SUVs:

2005 Honda CR-V

2007 Mitsubishi Outlander

2005 Honda Pilot. It seats eight and handles well.

If you are in the market for a new car, consider Consumer Reports' evaluations, but remember that their report card is not solely on safety after an automobile accident. Whether your car is on the list or not, drive safely and watch out for those who don't.

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Personal Injury Attorney Matthew Noyes represents those injured in car accidents, motorcycle crashes, bicycle accidents, pedestrian accidents and other types of personal injury matters. His Clearwater law firm – Perenich Caulfield Avril Noyes – is one of the oldest personal injury law firms in Pinellas County. Call Attorney Matthew Noyes now at 727-796-8282 or simply click here to schedule a free case consultation.

How St. Valentine’s Day Plays Into Car Accident Law

How can a personal injury attorney incorporate St. Valentine's Day into a discussion about injuries from a car accident? We lawyers can always find a way. My way is to discuss the damages for loss of consortium.

When a spouse is injured in a car accident or other personal injury because of the negligence of another person, his or her spouse has a claim for loss of consortium. A claim for "loss of consortium" is for the loss by the claiming spouse of the companionship and fellowship of husband and wife and the right of each to the company, cooperation, and aid of the other in every conjugal relation. This means housework, paying the bills, enjoying dinner together, and yes, engaging in sexual relations. However, courts have held that "consortium" means much more than mere sexual relation as is "consists, also, of that affection, solace, comfort, companionship, conjugal life, fellowship, society, and assistance so necessary to a successful marriage."

When a loved one is injured, it does impact the entire family. Although children do not have a right to a loss of consortium, a spouse does. A loss of consortium is a direct injury to the spouse of the injured married partner and must be pleaded separately in any lawsuit. Since a loss of consortium claim is derivative to the other spouse's injury claim, a trial judge errs in failing to reduce a spouse's consortium claim by the amount the jury finds attributable to the injured spouse's negligence.

However, can a jury return a zero verdict for the loss of consortium? The easy answer is yes. Florida courts have held that when a jury finds that one spouse has sustained injuries as a result of the negligence of a third party, an award of damages to the other spouse for loss of consortium is not automatic. Instead, in order to prevail on a claim for loss of consortium, the claiming spouse must present competent testimony concerning the impact that the incident has had on the marital relationship. In a recent case, the jury's decision to award zero to the non-injured spouse in a car accident was reversed because the Plaintiffs did present substantial unrebutted testimony concerning the adverse effect that the wife's injuries had on their marital life so the husband was entitled to an award of at least nominal damages on his claim. The court in that case held that the undisputed facts showed that following the accident, the injured wife's relationship with her husband deteriorated, her ability to contribute to the couple's income by working outside the home stopped, she became unable to accomplish common household chores without the assistance of her husband, and her injuries were significant enough that she underwent a series of injections and ultimately decided to seek surgical treatment. How a jury could return a zero verdict is unexplainable to me.

If you or your loved one is injured in a car accident, it is important that you discuss each of your rights with an attorney who understands the different damages after an automobile accident.

Enjoy your consortium this St. Valentine's Day weekend!!

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My Valentine

Personal Injury Attorney Matthew Noyes represents those injured in car accidents, motorcycle crashes, bicycle accidents, pedestrian accidents and other types of personal injury matters. His Clearwater law firm – Perenich Caulfield Avril Noyes – is one of the oldest personal injury law firms in Pinellas County. Call Attorney Matthew Noyes now at 727-796-8282 or simply click here to schedule a free case consultation.

 

 

Will a Proposed Change in the Law Reduce Boating Accidents?

Wonderful Florida weather brings wonderful Florida boating opportunities. However, with wonderful boating opportunities comes the risk of serious and sometimes fatal boating accidents or crashes. Last year alone, there were approximately seventy (70) reported boating accidents in Hillsborough and Pinellas counties alone. Eight of those boating accidents caused a person to be killed.

One Florida lawmaker has introduced a bill that may reduce the number of these boating accidents. According to My Fox Tampa Bay, State Representative Gayle Harrell recently filed a bill that would make boating under the influence carry the same weight on someone's driving record as a DUI.

Currently, Florida Statute 327.35 outlines the penalty for boating under the influence. If someone is convicted of boating under the influence, their punishment is as follows:

    1. By a fine of:

            a. Not less than $500 or more than $1,000 for a first conviction.

            b. Not less than $1,000 or more than $2,000 for a second conviction; AND

    2. By imprisonment for:

            a. Not more than 6 months for a first conviction.

            b. Not more than 9 months for a second conviction.

However, although the Boating Under the Influence conviction shows up on a criminal record, it does not show up on the offender's driving record. The proposed bill would incorporate the Boating Under the Influence convictions with the DUI convictions that could result in stiffer penalties for either future charge.

It is unclear if the bill will go anywhere in the Florida legislature. Right now, it is in a House subcommittee where many great ideas die.

Whether or not there is a change in the law, boat safely and watch out for those who don't.

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Personal Injury Attorney Matthew Noyes represents those injured in boating accidents, car accidents, motorcycle crashes, bicycle accidents, pedestrian accidents and other types of personal injury matters. His Clearwater law firm – Perenich Caulfield Avril Noyes – is one of the oldest personal injury law firms in Pinellas County. Call Attorney Matthew Noyes now at 727-796-8282 or simply click here to schedule a free case consultation.

Are Your Facebook Photos Private After a Car Accident or Slip and Fall?

Does being involved in a car accident or slip and fall accident give the insurance companies the right to see your private Facebook posting and photographs? One Florida court says yes.

In Nucci v. Target Corp., the Fourth District Court of Appeals ruled that Facebook photographs sought by the defense attorney were reasonably calculated to lead to the discovery of admissible evidence and the privacy interest in them was minimal, if any. After falling in a Target store, Maria Nucci had to file a lawsuit for her damages against Target. As in most personal injury lawsuits, Nucci claimed bodily injuries, pain and suffering, and other damages. When Target's attorney first viewed Nucci's Facebook profile, it contained 1,285 photographs. At a later deposition, Nucci's attorney objected to disclosing her Facebook photos for privacy reasons. Two days later, her Facebook profile listed 1,249 photos. Target's lawyers asked the Court to compel inspection of Nucci's Facebook profile simply because Nucci's lawsuit put her physical and mental condition at issue. Nucci's attorneys argued that her Facebook privacy setting prevented the general public from accessing her account and that she had a reasonable expectation of privacy regarding her Facebook information. The trial court agreed with Target's attorney and ordered the production. Nucci's attorneys appealed the ruling to Florida's Fourth Distract Court of Appeals.

A few weeks ago, the Fourth DCA issued their opinion and sided with Target. In its opinion, they stated that "In a personal injury case where the plaintiff is seeking intangible damages, the fact-finder is required to examine the quality of the plaintiffs life before and after the accident to determine the extent of the loss. From testimony alone, it is often difficult for the fact-finder to grasp what a plaintiff's life was like prior to an accident. It would take a great novelist, a Tolstoy, a Dickens, or a Hemingway, to use words to summarize the totality of a prior life. If a photograph is worth a thousand words, there is no better portrayal of what an individual's life was like than those photographs the individual has chosen to share through social media before the occurrence of an accident causing injury. Such photographs are the equivalent of a "day in the life" slide show produced by the plaintiff before the existence of any motive to manipulate reality. The photographs sought here are thus powerfully relevant to the damage issues in the lawsuit." Thus, the Fourth DCA determined that the production order was not overly broad because it was limited to two years prior to the incident to the present. As to the privacy issue, the Court held that "[b]efore the right to privacy attaches, there must exist a legitimate expectation of privacy." Apparently, the privacy setting on Facebook was not enough.

I am not sure if the result would have been different if the Plaintiff in this case did not remove photos from her Facebook profile after her deposition. In any event, this case tells all of us – attorney and the public – that if you post photos on Facebook, they can be used against you years later if you are ever injured because of the negligence of another person or entity.

Be smart on what photographs you post on Facebook.

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Personal Injury Attorney Matthew Noyes represents those injured in car accidents, motorcycle crashes, bicycle accidents, pedestrian accidents and other types of personal injury matters. His Clearwater law firm – Perenich Caulfield Avril Noyes – is one of the oldest personal injury law firms in Pinellas County. Call Attorney Matthew Noyes now at 727-796-8282 or simply click here to schedule a free case consultation.