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What to do After a Car Accident in Florida

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If you are injured in a car accident, there are steps you can take and mistakes you should avoid to help preserve your legal right to compensation for your injuries. Simple things can mean a lot when you file an insurance claim or pursue litigation. 

The number one rule is to remain calm. You may be injured, scared, in shock, upset, or angry. Try to slow down, think clearly, and do not panic. You cannot protect your rights if you are overwhelmed by the situation. 

Get Medical Attention  

You should get medical attention as quickly as possible. This not only may help you stay healthy but benefit your claim too. How and when you get to a doctor depends on the circumstances. If you are injured and cannot drive, call for an ambulance and go to the nearest hospital emergency department. If it is safe for you to drive and your vehicle still functions, you could drive there. At the very least, see your family doctor as soon as possible. 

You will likely be in shock after the accident. Because of all the adrenaline in your system, you may not feel all the injuries you suffered. If you continue your day as planned, you might injure yourself further. The sooner you get a complete exam, the earlier your injuries can be diagnosed, and you may recover faster. 

This is also a good idea from a legal perspective. If you delay seeing a physician, the insurance company is more likely to deny your claim. They may state you are not hurt or that your injuries are a result of a subsequent event.

Just being in a car accident is not enough to obtain compensation. Your injuries need to be a result of the accident. That post-accident physical exam will start building the evidence you need with medical records critical to your case. 

Call the Police 

If your vehicle is disabled and you cannot move it off the roadway, or you are injured, call the police. The officer will start an investigation and create a report. Depending on the evidence, one or both of you may be ticketed or arrested if there is enough evidence that a crime was committed. That report, a ticket, or an arrest is important to your claim.  

What the police say and do after the accident won’t necessarily mean you do not have a valid claim or that the other party will compensate you for your injuries, but what they say will be considered when the parties try to determine who is at fault. If the officer blames you in the accident report or gives you a ticket, an insurance company will probably be reluctant to settle your claim. 

After the officer arrives, you can refuse to answer his or her questions if what you would say could incriminate you and possibly lead to your arrest.Statements made to a police officer at the scene of a crash by the drivers of the vehicles cannot be used in a civil case. Honestly give the officer the facts as you know them. Avoid giving a long story because you may be misinterpreted or misunderstood, and the officer may think you did something wrong. 

The officer should give you the other driver’s name, contact, and insurance information. If you must leave the scene because of your injuries, that information should be in the police report. 

Document the Accident Scene 

While avoiding traffic, take videos or photos of the vehicles, where they are positioned, and the surrounding area. If the road is covered in water or in bad shape because it is poorly maintained, make sure you get images of that. Take pictures of the stop light or stop sign if the other driver ignored it and struck you. If your injuries are visible, take photos or videos of what happened to you. If the other driver appears drunk, on drugs, or irrational, take videos without antagonizing the person. 

Be Careful When Interacting With the Other Driver 

No matter what happened, please do not yell at, argue with, or confront the other driver or their passengers. They may be intoxicated or angry with you. They may have a weapon on them or in their vehicle. Prioritize your safety and allow the police to handle the situation.

The other driver may claim they do not have insurance or they might offer you money if you do not call the police or make an insurance claim. Politely refuse. Your injuries and the damage to your vehicle may cost you far more than what is being offered. You also risk the other person later calling the police and blaming everything on you. 

Get the Help You Need From a Lawyer You Can Trust 

Personal injury attorney Jeffrey R. Davis has helped thousands of clients. Many are just like you – injured in a car accident and looking for answers and compensation for their injuries. Call us at (305) 577-3777 or complete our online contact form to schedule a free consultation today.  

Establishing Negligence in a Florida Injury Case

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When you have been injured in Florida, you may wonder if you can receive compensation from the party that caused the accident. That is what negligence cases are all about – whether you are hurt in a car accident, struck by a vehicle while walking across a street, or riding your motorcycle when a car turned in front of you. 

The plaintiff (you, the injured person) files the lawsuit against the defendant (a party we believe is responsible for the accident). You have the burden of proving that it is more likely than not that the defendant caused the accident and should pay you damages.  

Damages cover the harm you endured and will endure due to the accident. Damages are measured in dollars and can be expenses you incurred, pain, suffering, permanent physical limitations, or scarring.  

What Role Does Insurance Play? 

Nearly all the defendants involved in our cases have insurance policies. They cover the insured if they are found liable (they need to pay) because their negligence caused an accident that harmed someone in some way.  

The insurance company pays for a settlement or verdict up to the policy limit as long as the defendant’s actions aren’t excluded from coverage. (For instance, the defendant acted intentionally or injured you while committing a crime). The company also pays the attorney representing the insured. 

How Do I Prove Negligence? 

You must prove all the elements of negligence to win your case: 

  • Duty: There was a legal duty owed by the defendant to the plaintiff. The defendant owed you a duty of care because of the relationship between the two of you. Perhaps you both shared the roadway, they own a store where you were shopping, or they piloted a boat you were in. A duty requires the defendant to do or not do something based on the circumstances.  
  • Breach of Duty: The defendant failed this obligation or breached this duty of care by not acting reasonably, given the situation. The defendant was distracted while driving and failed to stop at a red light, the storeowner allowed a dangerous condition to exist in the public area of the store, or the boatowner was intoxicated and lost control, so the boat struck a pier. 
  • Causation: The defendant’s actions or failure to act was the factual and proximate (or legal) cause of the accident and your injuries. Causation may or may not be easy to prove. The more outrageous the defendant’s mistake, the simpler the case. If several parties are involved, they may blame each other (and you), possibly confusing the jury. 
  • Damages: You must provide evidence establishing your damages, which covers the harm you suffered since the accident and what is reasonably expected to continue into the future. 

Very few personal injury cases go to trial. They settle through an insurance company payment to the plaintiff. The stronger the evidence supporting the elements of your case, the greater the chance you’ll get a fair settlement earlier in the process. 

Do I Have a Case If I’m Partially to Blame for the Accident? 

Florida is a “pure comparative negligence” jurisdiction. That means that after all the evidence is considered and it is found that you are partially to blame for the accident, your share is deducted from your recovery. If you are 25% responsible for the accident, your $100,000 damages award would be cut by a quarter, so you’d end up with $75,000. A recent change in the law will prevent a Plaintiff from getting compensation in a case where they are more than 50% at fault for their own harm or loss.

Injured in an Accident? Jeff Davis Can Help 

Jeffrey R. Davis, P.A., is a personal injury law firm in Miami dedicated to fighting for justice for our clients. Jeffrey R. Davis has helped clients in thousands of legal cases obtain the compensation they deserve. Call us at (305) 577-3777 or fill out our online contact form to schedule your free consultation so we can discuss what happened, how Florida law may apply, and your best options for moving forward. 

Trial vs Settlement: Who Really Wins?

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(Note: This article is intended to address the issue of trial vs. settlement of a civil, personal injury action.  It is not designed to discuss a criminal case, family law case, commercial matter or any other type of action)

We’ve all seen those TV series where a lawyer is in trial on his client’s behalf arguing before a jury.  We see the way they fight for their clients and how, in most cases, they win. Unfortunately, it is not always so quick and straightforward in real life.  In fact, more than 90% of pending civil injury lawsuits settle before trial.

A settlement is where a case gets resolved without needing a jury to decide who wins or loses.  A settlement occurs between the parties and is usually based upon some type of compromise. A trial is open to the general public with a judge, attorneys, witnesses and a jury. A decision by a jury at the end of a trial and a settlement both serve to end the case – or do they?  Which one is better? What are the differences? This article is designed to provide some information in order to help those with cases make a decision.

The Benefits of Settlements

Absent something truly unusually, a settlement  results in a complete and final resolution and end to a case or controversy.  A settlement can be agreed to before a lawsuit is even filed. Many settlements result from the presentation of a claim alone, without need for litigation.  Most settlements are reduced to writing, have express terms and conditions and can be enforced by a court if either side fails to honor the terms of the agreement.  Settlements can resolve only a part of a case or all aspects of a case. For instance, in an automobile accident claim, a settlement can be reached as to the value of the property damage claim or the automobile and leave open the personal injury claim.  A settlement provides certainty both as to the amount of the settlement and the timeframe for payment.

Another benefit of an early settlement is a reduction of attorney’s fees and litigation expenses.  Most personal injury lawyers in Florida work with a contingency fee arrangement. This means they take a percentage of the recovery if they are successful on behalf of their client.  The Florida Bar has rules on how much an attorney can charge a client in injury and death cases. The fee percentage charged to a client is not only controlled by the amount of the settlement but also by when the case gets resolved.  For instance, in cases that are settled before a lawsuit is filed (or before the filing of an answer or demand for arbitration), the fee is usually 33 ⅓% of the gross recovery. After a lawsuit has been filed and answered the fee goes to 40%.  Lawsuits are extraordinarily expensive. Settlements that occur before lawsuits are filed can avoid the client having to repay litigation expenses, which can result in a significant savings. Settlements, unlike verdicts at trial, can be kept confidential.  While confidentiality typically favors the defendant, certain plaintiffs can benefit from a settlement that is kept private. Privacy concerns are also a reason why many plaintiffs do not wish to litigate a case, especially where personal matters such as medical records can be accessed or made part of a public trial.  

Settlements are predictable and guaranteed; there is no way to predict with accuracy what six members of a jury are going to decide in your case, should it go to trial.  A settlement allows you, as a party to control and decide the outcome, not six strangers on a jury.

Settlements can be based on historical data from other cases similar to yours in order to get the sense of comparable value; in trial, juries are not provided with any previous decisions or settlements to compare to and must rely on the evidence of that particular case in order to reach a conclusion. 

Finally, settlements help bring closure.  Most people find litigation very stressful.  There is a good deal of uncertainty in terms of how long a case will take and how it may turn out.  There is also no guaranteed finality by a jury verdict since, an appeal may be taken. A settlement ends the matter once and for all.  

Trials

The right to a trial by jury in a civil action is a unique and fundamental right in America.  It is guaranteed by the Seventh Amendment of the United States Constitution. Trial by jury in a civil action is a fundamental right that is as important as any other right enumerated by the U.S. Constitution and Bill of Rights.  A right to trial by jury in a civil action means that when an agreement cannot be reached over a dispute, a person has the right to present that dispute or controversy to six members of the community known as a jury in order to have them reach a decision.  Jury trials are an essential mechanism to hold wrongdoers accountable. They are also a time-tested way of deciding the outcome of a case. Trials are expensive, time consuming and stressful. Some cases can literally take years before they are ready to be tried.  Injury cases almost always require the use of expert witnesses that charge thousands of dollars for their time. Lawsuits that result in a trial before a jury typically require the involvement of witnesses, family members, doctors, healthcare personnel, first responders, police officers, economists, life care planners, and a whole host of other types of expert witnesses.  Oftentimes trials of injury cases require extensive medical and financial records, exhibits (both demonstrative and evidentiary) and the use of audiovisual presentations. Trials have become so complex that in some instances, lawyers use jury consultants, real-time computer support, data research, including social media research companies and other types of litigation support services.  The preparation needed to effectively put a case on trial is enormous. Lawyers skilled in trial practice understand the intense and focused attention that properly preparing a case for trial requires. Many cases cannot be resolved without trial. The parties just see things differently and cannot agree on the facts or value of a case. Under those circumstances, a trial is necessary. Sometimes, people want a trial to hold the other side accountable publicly.  People call this “getting your day in court”. The ability to present a case to a jury in trial is vital in our democratic system of government. Trial is the ultimate equalizer since the individual stands on equal footing in an American civil jury trial with the mightiest corporations or companies. There is no limit on the power of a jury to right a wrong.

All in all, settlements and trials both have their negatives and positives. Each case is different and must be evaluated on its merits.  There is no one size fits all in civil actions. Parties should get advice from a competent attorney that has experience with their type of case.  If the case should be brought to trial, parties should have seasoned trial counsel that understands how to best present their case. There is no hard and fast answer to whether or not a settlement is better than going to trial; there are multiple variables that should be considered before making this important decision.  Legal advice is essential. If you have an injury case that requires the specialized knowledge and attention of a Plaintiff’s personal injury lawyer, please consider contacting Jeffrey R. Davis, P.A. Jeffrey R. Davis, P.A. specializes in matters involving significant personal injury and wrongful death. Mr. Davis is a board certified civil trial lawyer with more than 30 years experience representing injury victims throughout the state of Florida.  Our firm is bilingual and available on a 24/7 basis. Please contact Jeffrey R. Davis, P.A. today at (305) 577-3777 for a free consultation.

Automobile Accident: Claim vs Lawsuit

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Car Accident Lawyer in North Miami

Things turn out best for people who make the best of the way things turn out.

Automobile Accident Lawyers North Miami

One of the most frequent questions I am asked during initial meetings with new clients is; “how long is my case going to take?” Fair question to which I never have the exact answer. A lot depends on what stage of the case a resolution is reached. Usually at this point in my new client discussion, I explain the difference between making a claim and filing a lawsuit.

Absent a stragic purpose or unusual set of circumstances, my firm usually sends a notice letter to the at-fault party, financially responsible (or vicariously liable) person or entity and their insurance company if known, upon assuming representation. This “notice of representation” letter requests the disclosure of insurance information. Florida has a specific law, Florida Statue 627.4137 that requires insurance companies to disclose information about the existence of insurance coverage.

The “claim” is the presentation of a case to an insurance company or defendant. Following receipt of a representation letter and request for coverage disclosure, an insurance adjuster or third party administrator is usually assigned to the case.

Many times, especially in cases involving automobile accidents, the amount of insurance coverage is not enough to cover the damage or injuries sustained. In these situations, frequently the insurance company will promptly surrender or pay the insurance limits in order to settle or resolve the claim.

Once a relationship is established with a particular insurance adjuster, all correspondence, medical documentation, bills or “specials” are forwarded to this adjuster. In my office, we believe that it is better to send the claims adjuster case materials as they are received rather than waiting until the conclusion of medical care treatment in order to present a demand and provide these materials for the first time. Our thinking is that by continuing to update the claims handler on the progression of our client’s case, they can set higher reserves for future settlement negotiations. Insurance companies try to project what a claim’s value will be at its inception in order to budget or manage their risk. By continually forwarding new case materials such as bills and office notes to an adjuster during the pendency of the claim, the adjuster knows about the nature of the claimant’s injuries and is able to forecast a more realistic case value when the time for negotiations come. It also lets the adjuster know that the law firm is on top of the case and actively handling it.

Automobile Accident Lawyers in North Miami

As North Miami Beach automobile accident lawyers, we are aware that Florida law requires proof of some measure of permanent injury in order to obtain full compensation for our clients. In fact, Florida Statute 627.737 (2) spells out the type of injury or damage that a person involved in an automobile accident needs to sustain in order to recover money damages for pain, suffering, mental anguish and inconvenience. They are as follows: (a) significant and permanent loss of an important bodily function; (b) permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement; (c) Significant and permanent scarring or disfigurement; [or] (d) death.

This “threshold” of injury or damage is needed to obtain non-economic damages as a result of a car crash. Frequently, it takes some six or more months of medical care, treatment and observation for an injured crash victim to reach maximum medical improvement. This means that before a physician can make a decision on whether or not a patient has sustained a permanent injury, it takes six or more months of care. Insurance companies understand this and typically keep claims files on a 60-90 day diary to update them for status. When the client is finally released from the doctor’s care, we request a final report asking the physician to specify the degree of permanent injury, if any. Upon receipt of the medical records, billing statements, PIP payout sheets, health insurance liens or payment documents, loss wage documentation and any other relevant expenses, we package the same, together with any other evidence in the case such as photographs, 911 recordings, property damage records or any other case materials and submit it to the insurance company adjuster with a settlement demand. Insurance companies like to try and settle claims for the lowest amount they can reasonably get away with.  While each case is unique and no two cases are exactly the same, there is often a generalized range of values that lawyers can agree on. It is important that your car accident attorney has an understanding of what your claim’s value range is. This information can be obtained from a variety of sources starting with case handling experience, jury verdict and settlement reports, discussions with other attorneys, list servs, seminars and reported decisions. The client should be made aware of all settlement offers promptly so that discussions can be had on how to proceed. If negotiations fail to reach a reasonable settlement offer and/or the insurance company denies the claim, a lawsuit is frequently the next step.

A lawsuit begins with a document known as a complaint. A complaint is filed against the at fault persons, firms or entities and is accompanied by the payment of a filing fee with the clerk of courts. Once a lawsuit is filed, it is served upon the defendants by a process server.  Once served, the defendant has 20 days in which to file a response or answer. Now the case is in “litigation”. Discovery is exchanged between the parties in order to gather information. Discovery consists of interrogatories (written questions answered under oath), requests for production (written requests for documents and other materials relating to the case or claim), requests for admissions, requests for inspections or entry upon land, request for examination and depositions to name a few types of discovery. The discovery process can take months or years. Although a case can be “noticed for trial” twenty days after the filing of an answer or last pleading, most cases take longer to get ready. Even when a case is placed on the court’s trial docket, it is frequently not reached or called for trial on the first time up. Court dockets are busy and usually judges schedule trial dockets on 2 or 3 week calendars. Courts try to give older cases priority over newer cases however there are exceptions. Litigation is much more time consuming and expensive than the claims process. Once a case is placed in litigation a judge often dictates the pace at which the case gets resolved. In federal court, judges are far more strict with their time constraints than in state court.

Contact an Automobile Accident Attorney in North Miami

The difference between a claim versus a lawsuit is vast. It is important that a lawyer and  client discuss exactly what the client can expect to happen once the case goes into litigation. For any questions or additional information on claims or lawsuits following car accidents involving personal injury, please contact Jeffrey R. Davis, P.A. for a free consultation. We are car accident lawyers in North Miami and car accident lawyers in North Miami Beach, however we handle all types of claims throughout Florida.

Shedding Light on Fatal Food Poisoning

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Nearly one in every six Americans (48 million people) becomes ill from food poisoning every year. Food poisoning usually results in vomiting, diarrhea and/or abdominal pain and passes within two to five days. Yet some types of food poisoning can cause long-term illnesses and even death. Vibrio Vulnificus, a type of bacterial food poisoning results from consuming raw or undercooked seafood, particularly raw oysters. Vibrio thrives in the warm South Florida waters and is responsible for more than 50 deaths per year.

Here are some helpful tips for preventing Vibrio vulnificus infections:

–       Do not eat raw oysters, clams, mussels or other raw shellfish
–       Cook all shellfish (oysters, clams, mussels) thoroughly
–       Avoid cross-contamination of cooked foods with raw foods and juices from raw foods
–       Don’t prepare them in the same place
–       Don’t use the same cutting board when preparing them
–       Eat shellfish immediately after cooking, and refrigerate leftovers
–       Avoid exposing open wounds or broken skin to warm saltwater or to raw shellfish waters

For more information on Vibrio vulnificus click here.

The Law Offices of Jeffrey R. Davis have over 25 years of experience in dealing with food poisoning and personal injury litigation.

If you or a loved one have been injured as a result of the negligence of another, contact us for a free consultation or call us at 305-577-3777.

Miami Shooting Leaves One Dead

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One dead and two wounded after a shooting in front of a Miami market. At approximately 7:15 p.m. at the Kings Brothers Market on 1304 NW 62 Street, Miami, Florida a young man with two handguns walked up to a group of people and started to shoot. The market is located near the Liberty Square Housing Project commonly referred to as the Pork & Beans by residents. The store does have surveillance video which is currently being reviewed by the Police Department in order to identify and arrest the assailant.

If you are involved in a shooting incident (negligent security), do not trust your case to an inexperience personal injury attorney. Your choice in a Miami personal injury lawyer can make a big difference in the amount of compensation you receive for your injuries, how your case is managed, and how your case is finally resolved. It is important that you obtain an experienced personal injury attorney who understands Florida law, understands the insurance companies and their strategies, and who has resources to fight for your rights successfully.

When choosing an attorney to represent your interests, you must search for an attorney that is the “right fit” for you and your case. Many personal injury cases takes months to several years to resolve. You will be working with your attorney, so it is important that you trust your lawyer and get along with your lawyer. Just alone in Florida, the Florida Bar reports that there are approximately 93,895 barred attorneys as of January 2013. There are many of attorneys to choose from – Do not sell yourself short.

If you are involved in a shooting incident (negligent security) that It is important that you remember the following things:

  1. try to check and identify what your injuries are;
  2. call the police and file a police report;
  3. make sure that you see a doctor or seek medical attention even if you have just a few symptoms or complaints;
  4. take pictures of your your injuries, any other person’s injuries, and the scene of the accident (including any surveillance cameras);
  5. gather any documents proving your inability to work, medical expenses, etc.

The attorneys at Jeffrey R. Davis, P.A., a Miami Personal Injury law firm, specialize in personal injury cases such as workplace violence, wrongful death, car accidents, slip and falls, and negligent security. We pride ourselves in communicating with our clients and putting our clients first. Jeffrey R. Davis has been practicing personal injury law for over 25 years. Olga Porven, a former insurance defense attorney, has the insight into what the insurance companies strategies are in defending personal injury cases.

If you or a loved on have been injured as a result of the negligence of another, contact us for a free consultation or call us at 305-577-3777.

Florida Supreme Court Rules: Car Owners are Liable

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On April 10, 2014 the Florida Supreme Court ruled in Christensen v. Bowen that an individual who has his/her name on the title of a vehicle as co-owner is vicariously liable under the dangerous instrumentality doctrine even though he/she never intended to be the car owner and claimed to giving up control of the car to another co-owner. Simply, if your name is on the title and even though you :1) do not have access to the car where it is parked; 2) you do not have keys to the car; 3) you simply intended the car as a gift; and 4) you did not drive the car, you will be found (liable) for any negligence committed by the driver of said car. In the Christensen case, Mr. Christensen the Defendant and Petitioner (the co-owner named on the title) was in divorce proceedings at the time of the accident.  Note to the wise:  Make sure if you are getting divorced that you transfer the interest to the person that will be driving the car.  If you keep the interest in the car, i.e., your name on the title, you could be held liable for any car accidents that the driver causes.

If you or a loved one is injured or is a victim of a  car accident, it is important to seek legal counsel as soon as possible. A personal injury attorney will be able to document and preserve evidence that will support your potential claim. A car accident lawyer will also be able to request documents such as a your medical records, police records, and court records which will all potential help your future case.  Jeffrey R. Davis, P.A., has a vast experience representing injured victims in personal injury and car accident matters. Jeffrey Davis has represented hundred of individuals as a result of the careless driving of others. Jeffrey Davis, car accident attorney, may be able to help you obtain the justice you deserve.

It is important that if you or a loved one is injured in a car accident, you obtain as much information that you can regarding the other driver/party (insurance information, tag, name, address, etc.). You should also make sure that you tell police a simple and concise explanation of how the accident happened. Make sure that you do not accept money or sign any type of release at the scene of the accident. Also, do not get into a fight or an argument with the other driver. Make sure that you do not speak to anyone at the scene other than the police. Many times, an insurance company will send out an immediate response team.  They are not on your side. In addition, your insurance may come out to the scene to prove that the accident was your fault or that you were not injured. Olga Porven, Esq., an attorney with Jeffrey R. Davis, P.A., is a former insurance defense attorney. She is well aware of what the insurance companies are capable of and has the experience in dealing with insurance companies to help you obtain potential compensation in your case.

Contact Jeffrey R. Davis, P.A. for a free consultation. One of our attorneys will gladly speak to you regarding your personal injury matter.

 

 

 

The Civil Justice System Works

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Unlike the opinions of Lisa A. Rickard, president, U.S. Chamber of Commerce Institute for Legal Reform, Washington, D.C. and Mark Wilson, president and CEO, Florida Chamber of Commerce, Florida in their Miami Herald opinion letter, the attorneys at Jeffrey R. Davis, P.A. believe that our civil justice system works. In fact the response to this article from Armando F. Paz, Jr. hit the nail on the head. The current civil justice system has many mechanisms in place, not only to stop frivolous lawsuits from going forward, but also to stop frivolous defenses raised by defendants in an effort to avoid responsibility for their wrongs.

Such current mechanisms in place include: 1) dismissing a case; 2) sanctioning the plaintiff and the plaintiff’s attorney for bringing a meritless claim; and 3) reporting misconduct of an attorney to the Florida Bar. Remember like any other field, i.e. medicine, there are regulations in place to ensure that “improper, meritless or frivolous” issues are dealt with accordingly.

In addition, the Chamber of Commerce opinion does not address the months to years of efforts of Plaintiffs trying to resolve claims in the pre-suit stage. It is only after the insurance and/or defendant refuses to resolve these issues, that a Plaintiff will file a lawsuit in Court.  The lawsuit is the last remedy – when all other attempts to resolve the claims without litigation fails. The vast majority of cases that are alluded to in the editorials involve contingency fee arrangements between the plaintiff and the attorney. This means the attorney only gets paid if a recovery is achieved. It also means that the lawyer will usually fund the litigation expenses through out the pendency of the case. It is highly unlikely that a competent attorney would knowingly take a frivolous or unreasonable case, agree to bankroll the same and understand they will not be paid a fee unless they win. The expression “throwing good money after bad” comes to mind. Like anything, there are exceptions and cases that should not be filed.

Our civil justice system has evolved over hundreds of years. It may not be perfect, but it is central to the three branches of government that exist in our country. It is the only mechanism that allows a citizen to seek redress for perceived harm. It is the vehicle in which to enforce the law, contracts, agreements, and to right wrongs. It is an essential mechanism to the rule of law and a key to the integrity of our nation’s financial system.

The attorneys at Jeffrey R. Davis, P.A., a Miami Personal Injury law firm, specialize in personal injury cases. We pride ourselves in communicating with our clients and putting our clients first. Jeffrey R. Davis has been practicing personal injury law for over 25 years. We have the insight into what the insurance companies strategies are in defending personal injury cases.

If you or a loved on have been injured as a result of the negligence of another, contact us for a free consultation or call us at 305-577-3777. We will be more than happy to discuss with you the merits of your potential claim.

Florida Court Protects Facebook Posts

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Great new for all Social Media (Facebook, Twitter, Linkedin, Instagram, etc.) – Florida Court protects posts ruling them irrelevant. Throughout the past few years, Courts throughout the United States have ruled that social media posts are fair game and “discoverable” during litigation. On February 5, 2014 the 2nd DCA held in Root v. Balfour Beatty Construction, LLC that although social media posts are discoverable, the party requesting the information still has to prove that the information requested is relevant and not just simply a “fishing expedition.”

Now, it is clear that the Court is stating that a party that is requesting these Social posts has to prove that the information that they are requesting needs to be relevant to the case.  Do not mistake this ruling for any blanket protection of social media posts if you are a party in a lawsuit. In personal injury cases, arguing that social media posts are relevant and reasonably calculated to lead the discovery of admissible evidence can be rather easy with good lawyering.

All Social Media users should always beware ( yes we know you have heard this warning before)… be careful what you post.  It may pop up later.  Although, many people know that it may hurt your prospects of getting a job or getting into the right college, if you are involved in a lawsuit, it can damage your case …  A picture is worth a thousand words.

Personal Injury lawsuits frequently have discovery requests for Social Media posts from Facebook and Instagram. The attorneys at Jeffrey R. Davis, P.A., a Miami Personal Injury law firm, specialize in personal injury cases. We pride ourselves in communicating with our clients and putting our clients first. Jeffrey R. Davis has been practicing personal injury law for over 25 years. Olga Porven, a former insurance defense attorney, has the insight into what the insurance companies strategies are in defending personal injury cases, including seeking Social mediation information.

If you or a loved on have been injured as a result of the negligence of another, contact us for a free consultation or call us at 305-577-3777.

Women Deserve Equal Pay, even in The White House – Florida

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President Obama reiterated in last weeks State of the Union Address  that women deserve equal pay for equal work. He gave mention to some statistical figures that do sound quit shocking, stating “women make up about half of the workforce, but still make 77 cents for every dollar a man earns.” At the sound of these stats, it seems shocking, but if you dig further, the margin is actually quite smaller. This statistic is generated from a broad brush that compares overall male and female pay.

The 77-cent figure – which Obama used on the campaign trail in 2012 – stems from a 2011 report by the U.S. Census Bureau that found that in 2010, females overall made 77 percent of what males made. That means all workers regardless of what jobs they hold – not one worker in one particular job compared with another worker in the same job.

Anne York, who studies gender equality in the workplace as an associate professor at Meredith College School of Business in Raleigh, N.C., said the 77 cent pay disparity figure masks a variety of factors as to why women – on average – don’t make as much as men. “We have no definitive answers, but a lot of reasons,” York said. Whether by tradition or personal choice, women often seek lower-paying occupations than men – say, home health aide vs. neurosurgeon – and often trade earnings for flexibility at work, York said. 

A recent McClatchy review of White House salaries showed what the salary per dollar comparison is for those working in the White House using the same analysis that reaches the “77 cents per dollar.” The results may shock you – women working in the White House make 91 cents for every dollar a man makes in the White House.

The White House goes on to defend their payroll by stating that the analysis does not measure pay between men and women doing the same work in the same job position. White House aides go on to defend the President, overwhelmingly stating that “the President’s employees with the same position make the same money.” A House Spokesman, Eric Schultz, said the White House pays mean and women in equivalent roles, equivalent salaries.

President Obama has supported multiple bills that encourage and help regulate equal pay in the workforce. The President celebrated the fifth anniversary of the first bill he signed into law, the Lilly Ledbetter Fair Pay Act, which he has stated helps protect a woman’s right to fair pay. The President has also supported the Paycheck Fairness Act, which would require businesses to show that wage discrepancies between men and women are not based on gender, it also bands retaliation against workers who reveal their wages.

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