Fort Lauderdale Personal Injury Lawyer - Personal Injury

Allstate Banned from Writing New Auto Insurance Policies in Florida

Evan Rosen — Wed, 16 Jan 2008 19:05:24 GMT

After just two hours into a meeting with Allstate, Florida Insurance Commissioner McCarty suspended Allstate's ability to write new automobile insurance policies in the state. Despite demands to turn over certain documents, Allstate failed to comply stating that the documents the state was demanding were "irrelevant."

Governor Charlie Crist issued the following statement.

"I applaud Commissioner McCarty for sending a clear message to Allstate Companies and protecting Florida's consumers. It is clear to me that Allstate must have something to hide if they are unwilling to comply with the Commissioner's requests. This type of behavior is an unconscionable disregard for this process and their customers.

I am grateful to Commissioner McCarty for taking this bold action today and look forward to further progress through the Senate Select Committee's work next month."

For more information on this subject, please refer to the section on Car and Motorcycle Accidents.

Originally posted at InjuryBoard by Evan Rosen

Don't Forget to Renew your Personal Injury Protection Benefits

Evan Rosen — Mon, 24 Dec 2007 13:43:34 GMT

On January 1, 2008, Personal Injury Protection benefits will once again be mandatory in the State of Florida after a temporary lapse. According to the Department of Highway Safety and Motor Vehicles you face suspension of your driving privilege, including your vehicle tag and registration, for up to three years or until proof of Florida insurance is provided, whichever is first.

And if you get your license suspended because of no insurance, a reinstatement fee of $150 to $500, for subsequent violations, must be paid and you must provide proof of current Florida insurance to reinstate your license. The penalties skyrocket if you are in an accident that causes property and/or bodily injuries to others.

Originally posted at InjuryBoard by Evan Rosen

Student Tasered by Police at John Kerry Forum at University of Florida

Jenny Albano — Tue, 18 Sep 2007 04:56:08 GMT

A University of Florida student, Andrew Meyer, was tasered and arrested during a forum for John Kerry on Monday, September 17.

Apparently Meyer asked several questions and when his time was up he was asked to stop taliking because his alotted time was over. When he did not stop speaking his microphone was cut and he became angry over the incident.

While as many as four police officers tried to remove Meyer from the forum, he yelled for help and asked "What did I do?" Minutes after Meyer started speaking, he was Tasered.

University police and going to investigate the incident to make sur ethe use of the taser gun was legitimate. "The police department does have a standard procedure for when they use force, including when they use a Taser. That is what the internal investigation would address -- whether the proper procedures were followed, whether the officers acted appropriately." said university spokesman Steve Orlando.

Meyer was charged with resisting arrest and disturbing the peace and must appear in court on Tuesday morning.

Originally posted at InjuryBoard by Jenny Albano

Diana Castrillon Makes Partner of Rosen & Rosen

Evan Rosen — Mon, 27 Aug 2007 19:50:20 GMT

Rosen & Rosen, P.A. is pleased to announce that Diana I. Castrillon is now a Partner of the firm. Diana has been a valuable asset to our office over the last five years, obtaining consistently solid results for our Personal Injury, Workers' Compensation and Medical Malpractice clients.

In addition to her various legal and managerial duties with Rosen & Rosen, Diana also serves on the Executive Counsel of the Workers' Compensation Section of the Florida Bar, and is a member of the American Bar Association, Broward County Hispanic Bar Association, Florida Justice Association, Florida Workers' Advocates, and the Broward County Trial Lawyers Association.

She will continue to use her knowledge and skill to pursue justice on behalf of injured parties. Please join us in congratulating her on this newest achievement as well, on her continued success with Rosen & Rosen, P.A.

Originally posted at InjuryBoard by Evan Rosen

What Happens if you File for Bankruptcy during a Personal Injury Case

Evan Rosen — Mon, 27 Aug 2007 17:57:23 GMT

Clients who have ongoing Personal Injury cases that file for bankruptcy, quickly cease to technically be our clients. The Bankruptcy Trustee becomes our "client" as we are retained as "special attorneys" once bankruptcy has been filed. Our goal in the case remains the same, to resolve it for the most amount of compensation possible. However, instead of the client being authorized to approve a settlement, the Bankruptcy court must approve it. Should the parties settle or should the case get resolved at trial, the Trustee and/or Bankruptcy attorney will disburse the proceeds among the creditors. The client will only get money if there are funds remaining after all obligations have been satisfied. As attorneys, we also have to notify the medical providers of the pending bankruptcy and they then typically join in to make their claim for their outstanding medical bills.

Moral of the story: consult with your Personal Injury and Bankruptcy attorney before filing bankruptcy while your personal injury case is pending!

Originally posted at InjuryBoard by Evan Rosen

Alex Sink Address the Sunset of Personal Injury Protection in Florida

Evan Rosen — Mon, 20 Aug 2007 19:36:32 GMT

In a letter to the Palm Beach Post, dated August 19th, 2007, the State's Chief Financial Officer addresses Personal Injury Protection law that is in his mind absolutely going to expire come October 1st. He claims to support the ideals behind PIP, namely that every individual have some kind of coverage in case of an accident regardless of fault and without the necessity of having to file a lawsuit but gives no concrete plan to replace this now battered and admittedly flawed policy. I believe we need to completely review the entire system. Why is it a citizen's mandated responsibility to pay for insurance for someone else's negligence? What happened to principles of fairness and justice? We need a system that mandates that people pay for insurance in case they cause harm to others. If someone wants to carry extra coverage for themselves over and above that then fine, by all means, but we shouldn't be forced to pay for things that someone else "broke."

For more information on this subject matter, please refer to the section on Car and Motorcycle Accidents.

Originally posted at InjuryBoard by Evan Rosen

Governor Crist May Call for Another Special Session to Address Personal Injury Protection Benefits

Evan Rosen — Thu, 28 Jun 2007 19:48:00 GMT

After already having one special session to address property tax reform, it appears Govenor Crist now has his eyes set on extending Personal Injury Protection Benefits as they are set to expire on October 1 of this year. It seems the hospital lobby has gotten to Governor Crist to explain just how damaging and costly it would be to Florida Hospitals should PIP expire. PIP law in Florida requires all owners of motor vehicles to carry at least $10,000 in coverage for Personal Injury Protection benefits. From that $10,000, 80% of all reasonable and necessary medical expenses are covered and 60% of all lost wages.

Originally posted at InjuryBoard by Evan Rosen

Calls for Extending PIP Law Coming In

Evan Rosen — Tue, 12 Jun 2007 17:22:05 GMT

There have been numerous articles calling for the extention of Florida's No-Fault/PIP law. There are all kinds of rationale but mainly with nothing in it's place hospitals and patients would be stuck with no coverage if mandatory personal injury protection benefits are allowed to sunset with the expiring of the PIP law on October 1, 2007. The Florida Legislature is set for a special session to address mainly the property tax issue. However, it seems likely PIP will be addressed at that time as well.

Originally posted at InjuryBoard by Evan Rosen

Medical Malpractice Law Relating to Death of a Patient Inherently Unfair

Evan Rosen — Tue, 22 May 2007 18:23:20 GMT

Since 1990, in order to recover for a loved one's death that was caused by Medical Malpractice, you need to either be a spouse or a child under the age of 25. Recently, a 35 year old woman contacted me about the death of her father in a Hospital. Negligence seemed clear at first blush but I never got the chance to investigate because she is the only remaining "next of kin" but because she is 35, under Florida Medical Malpractice Act, she is unable to bring a case! This sounds like pure age discrimination and Florida Supreme Court Justice, Barbara Pariente, agrees. Recently, an article was written about this inherently unfair Medical Malpractice Law.

Originally posted at InjuryBoard by Evan Rosen

Evenflo Infant Car Seat/Carriers Recalled

Evan Rosen — Mon, 14 May 2007 19:04:46 GMT

The U.S. Consumer Product Safety Commission and the National Highway Traffic Safety Administration (NHTSA), in cooperation with Evenflo Company Inc., announced a recall of approximately 450,000 Evenflo Embrace Infant Car Seat/Carriers due to a serious defect.

The handle, when the unit is used as an infant carrier, can unexpectedly release, causing the seat to rotate forward. When that happens, an infant inside the carrier will fall out.

There have been 679 reports of the handle releasing, resulting in 160 injuries to children. The injuries include a skull fracture, two concussions, cuts, scrapes, and bruises.

The recall is for Evenflo Embrace Infant Car Seat/Carriers made before April 8, 2006. Specifically for model numbers beginning with 317, 320, 397, 398, 540, 548, 549, 550, 556, 597, 598 or 599. The model number and production date information can be found on a white label on the bottom of the carrier and on the top of the convenience base. Models beginning with "5" are units sold with the travel system (compatible stroller).

Originally posted at InjuryBoard by Evan Rosen