Florida Personal Injury Protection (PIP) System - Legislature Passes Proposals

 Last week we reported that the 2012 sixty-day Florida legislative session would wind-up on Friday, March 9 and that there were a few issues that remained in order for the Legislature to enact new laws that would reform the state’s personal injury protection (PIP) insurance system. Today, we learned that a softer version to the House and Senate proposals were passed by our lawmakers. Under the new system, on the condition that Governor Rick Scott signs the bill, persons who are injured in a Florida motorvehicle accident will have to seek medical treatment within 14 days from the date of the accident-and preferably at a hospital emergency room. Moreover, the new law will ban payments to acupuncturists and therapists.

Also, our Fort Lauderdale personal injury lawyers have warned clients about recent PIP fraud schemes and the state of Florida is taking this issue seriously. In addition to the aforementioned reforms, the Legislature also created an association to fight PIP fraud. Fraudulent PIP claims is severe blow to our state’s economic vitality and for our honest taxpayers who have suffered enough by paying costly insurance premiums. When lawbreakers attempt to get rich quick in schemes such as accident staging, insurance companies must raise their rates which are thus passed to our law-abiding consumers. It is reported that PIP insurance fraud costs the U.S. $80 billion each year. Therefore, if you know of a medical organization that is involved in an accident staging scheme, or schemes to swindle the PIP system, you need to contact law enforcement officials immediately or report them to the Florida Division of Insurance Fraud.

The agency has been very active in the prosecution of those responsible of deceiving the system. Since February 2012, the Division has received thousands of suspected PIP fraud cases that has contributed to the 20 percent increase of fraud cases reported over the last fiscal year. The Fort Lauderdale accident attorneys at our law firm represents those who have been harmed or injured in an accident related occurrence. If you have a case that you believe your injuries were caused by the intentional or negligent conduct of a person or company, you should consult with them concerning your case. Moreover, if you believe that your treating medical provider may be committing acts of fraud, you need to discuss this with our attorneys. Failing to do so is more than likely to bring about serious legal consequences for you, including but not limited to jail and hefty fines.

On the whole our clients are very trustworthy, honest and hard-working individuals who through no fault of their own were severely injured, or had someone who was killed in a personal injury incident. Regardless if your case involves an automobile wreck, train crash, cruise ship incident or a work-related injury, our Fort Lauderdale injury attorneys are here to help you get the legal assistance you need in order to recover compensation for the damages you have sustained. You can contact our office at our website address at www.kpwlaw.com.

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Florida Depositions in Personal Injury Lawsuits

On Tuesday, January 10, our Fort Lauderdale accident injury attorneys became aware that the family of the Florida A & M University (FAMU) student who died as a result of an alleged hazing attack last semester intends to file a civil lawsuit against the owner of the bus. According to the Boston Herald, Robert Champion, Sr. and his wife Pam Champion are alleging that Fabulous Coach Lines’ negligence contributed to the death of their son, Robert Champion. The family claims that the company allowed band members to get back on the bus to conduct hazing rituals on their son when they knew or should have known about the hazing incident. The alleged hazing attack is believed to have occurred when band members returned on the bus after returning to an Orlando hotel following a football game against Bethune-Cookman University. The owner of the bus line has said that his staff did everything to get help once they became aware of the attack. Further, the autopsy ruled the death a homicide and concluded that the decendant died as a result of blunt trauma to his body and shock caused by the severe bleeding. Also, we reported earlier that three of the university’s marching band members have been arrested and face criminal charges for their alleged involvement with the attack.  

Moreover, the story is reporting that at this time the Champions are unable to file a lawsuit against the university for another several months due to Florida law governing the procedure of filing a lawsuit against a public entity. However, by commencing a lawsuit against the bus company, the family’s attorney will be able to gather documents and depose witnesses. In a Fort Lauderdale personal injury action, during the discovery phase, the deposition technique is commonly employed by attorneys to obtain witnesses statements under oath or affirmation. The statements a witness makes during the deposition are subject to the laws of perjury. Additionally, the discovery phase is a fact finding phase, and the deposition is a device to elicit statements of facts that can later be used during trial. Also, a deposition is conducted outside of the courtroom and the presence of a judge. Those in attendances include the parties, witnesses, their attorneys and a stenographer to record the proceeding.

If you are the plaintiff in a personal injury lawsuit, the opposing counsel will ask you questions and you will provide an answer. However, as simple as it may sound, there are numerous issues which could arise during this process.  For example, a frequent issue that may arise concerns whether or not the deponent is required to answer an opposing counsel’s question. Since deposition proceedings are governed under the Florida Rules of Civil Procedures, and your Fort Lauderdale personal injury attorney will be present with you during your deposition, if you are unsure how or whether not to answer any question, you are free to consult with him or her regarding this matter.  

However, prior to the deposition, your Fort Lauderdale injury attorney will meet with you to discuss the deposition proceeding, which is also known as an Examination before trial (EBT) in many jurisdictions.  It is quite understandable that you may feel a bit nervous and tense about the deposition, however your attorney will prepare you and discuss the overall goals and objectives which need to be achieved in your lawsuit.

See Our Related Blog Posts:

Hazing Incident Prompts Florida A & M University Student to File Civil Suit

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