Articles Tagged with florida-car-accident-attorney

Florida law generally does not allow defendants in personal injury lawsuits to present evidence of collateral benefits plaintiffs receive from third parties. These would include benefits like health insurance or workers’ compensation. The concern is that such evidence might confuse the jury. Still, F.S. 768.76 requires judges to reduce the jury’s verdict by any collateral source benefits received by the plaintiff, except in cases where there is a reimbursement or subrogation right. Further, the statute specifically states that benefits received under federal programs, such as Medicare or Medicaid, aren’t considered collateral sources. doctor

Still, evidence that a person qualifies for Medicare or Medicaid is typically deemed highly prejudicial, so it’s not usually admissible. The 1984 case of Florida Physician’s Insurance Reciprocal v. Stanley did allow for one narrow exception, which is that defendants can introduce evidence of low-cost or free governmental and charitable programs that are available in the community to cover portion’s of a person’s health care costs. However, courts in this state had struggled since then with whether future Medicare and Medicaid benefits should be admissible. It was only last year, in the case of Joerg v. State Farm, that the Florida Supreme Court drew a line in the sand: Defendants are not allowed to introduce collateral source benefits a plaintiff might receive in the future from Medicare or Medicaid. The rationale is that there is no guarantee a plaintiff can for sure count on these programs in the future.

Recently, the Delaware Supreme Court held that, just like in Florida, Medicare and Medicaid write-offs do not fall under the collateral source rule. However, the court also held that future medical expenses were not subject to Medicaid reimbursement limitations.  Continue reading

The latest government statistics on car accidents and resulting fatalities in the U.S. paints a troubling picture of the lack of safety on our national highways and roads. drive9

Last year, the number of people killed in motor vehicle crashes was nearly 35,100, according to the latest numbers released by the National Highway Traffic Safety Administration. That amounts to an increase of 7.2 percent over the previous year. To put that into perspective, the last year there was an increase that high was when Lyndon Johnson was president – way back in 1966. There were 2,348 more people killed in traffic crashes in 2015 as compared to 2014.

Transportation Secretary Anthony Foxx lamented the increase in a press release, saying that even with decades of improved safety features and technology, there are still way too many people being killed on our roads. Fixing the problem, he said, is going to require effort from multiple sectors. His office is working to amass a coalition of safety experts, researchers, data scientists, law enforcement, technology firms, auto manufacturers and the public to help find effective ways to prevent these daily tragedies.  Continue reading

A Southwest Florida reporter recently delved into what she perceived as the state’s problem with notoriously bad driving. drivefastsaab

There are the drivers who dawdle just under the speed limit in the left lane. Then there are those who tear through traffic so fast you’d almost miss them if they hadn’t barely struck you trying to get past.

The reporter, Jennifer Reed of Gulfshore Life, noted she’s from Massachusetts (where drivers aren’t known for their behind-the-wheel courtesy), but Southwest Florida was just as bad if not worse. Still, she wanted to quantify the violations she witnesses on her daily 60-mile commute.  Continue reading

Increasingly, auto insurance policies are containing provisions that require insureds to handle any disputes through arbitration, rather than in a courtroom. motorcycle5

Understand that when you file a claim, your insurer more than likely isn’t going to grant that request automatically. Insurers will conduct their own investigation of the circumstances, the damages and your injuries and make a determination on how much they should offer a settlement amount. Almost always, this amount is lower than what you should receive, and that’s why so many cases wind up in court.

However, when insurance policies have an arbitration clause, it means the dispute has to be handled by a designated third party – not a judge.