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The Steps to Take When Your Medical Professional Doesn’t Do Their Job

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Medical Malpractice occurs in the United States more often than we think. According to the Journal of the American Medical Association (JAMA), medical negligence is the third leading cause of death in the U.S.— right behind heart disease and cancer. If medical malpractice itself does not lead to death, it can lead to health complications, extensive medical expenses, emotional harm, and financial ruin. If you or a loved one has been a victim of healthcare provider negligence, here are some steps you can take:

1. Consult with a Medical Malpractice Attorney.

  • Nearly all attorneys that are competent to handle medical negligence cases will offer a free consultation to discuss your case and review your records. Medical malpractice claims have a unique set of rules, standards and procedures in Florida. To properly present and try medical malpractice cases in Florida, an attorney must be thoroughly familiar with the specialized time frames and requirements. These types of cases are almost always contested and frequently involve litigation that ends up in trial.

2. Identify if you have a medical malpractice case.

  • Medical malpractice occurs when a healthcare professional falls below the standard of care. This negligence can be through omission or commission. It is actionable when it causes injury to a patient. This may be because of errors in diagnosis, management, treatment, aftercare or failure to refer to the appropriate specialist.
  • Medical malpractice is not often easy to identify. While there are obvious cases such wrong-side surgeries or foreign objects left behind after a procedure, most medical negligence cases require identification by an independent healthcare provider. An attorney that is familiar with medical malpractice cases will often have expert witnesses that can review medical records and studies in order to determine if malpractice occurred.

3. Collect all the documents that you need for your case.

  • Florida law requires the healthcare provider to turn over patient’s records to the patient or his/her representative with a proper written authorization. Patient’s records belong to the patient – not the healthcare provider. A reasonable copy charge is allowed. An attorney familiar with medical malpractice cases will have the specialized forms and materials to obtain patient’s medical records, charts, films and studies in order to have them evaluated and reviewed.

4. Should a patient discuss medical malpractice with the at-fault doctor.

  • This is a tricky issue. In my firm, we advise our clients not to discuss the case with the at-fault doctor. There are some situations where the patient has a limited or specific role where such contact would be appropriate. In a situation where they want the offending doctor to pay for or repair a limited aspect of damage (for example, broken tooth or simple scar revision), than the direct approach may be appropriate. In a more complicated situation involving significant and permanent injury, it is very unlikely that the offending practitioner will deal directly with the patient outside of the procedural formalities of a medical malpractice claim. The same holds true with the patient speaking to his/her other doctors about their medical malpractice case. Most physicians do not wish to get involved in a claim against a fellow local doctor. That is just an unfortunate reality; however, there are exceptions. If often makes more sense to allow your attorney to conference with the other physicians or subsequent treating doctors to see about their willingness to assist or participate in the case.

5. Should I file a complaint with the Board of Medicine or Agency for Healthcare Administration.

  • In many instances, your attorney will contemporaneously initiate an administrative claim against an at-fault physician. There are ethical, societal and strategic considerations to commencing these administrative types of actions. Frequently, lawyers are required to provide a copy of a lawsuit against a healthcare provider to a governing medical board. Your attorney will discuss the pros and cons of commencing an administrative investigation against the healthcare provider or facility.

6. Time in which to initiate a Medical Malpractice case.

  • Florida has a shortened statute of limitations for medical malpractice cases. Typically, it is generally two (2) years from the date of the occurrence. There are exceptions to this rule that allow greater lengths of time and this aspect of your potential claim is usually one of the first considerations that your medical malpractice attorney will evaluate. Timeframes in the presentation of a medical negligence cases are frequently staggered with different timetables occuring at various case phases. Also, different types of defendants (private vs. public) have different claim presentation deadlines. It is essential that your attorney be thoroughly familiar with the exact timetable of events in your case in order to accurately chart the notification and filing deadlines that are unique to your case.

7. Get a medical assessment from another healthcare professional to make sure your case has merit.

  • Florida law requires that a case be reviewed by a healthcare provider of the same specialty (or licensing chapter) to determine whether or not there has been a departure from the standard of care. Other than in rare circumstances, this is a mandatory requirement in every medical malpractice case in the state of Florida. The reviewing healthcare provider must prepare a sworn statement, usually in affidavit form, concluding, upon proper review that medical negligence has occurred. In some states, this is referred to a Certificate of Merit. It is an important step to the presentation of a claim and can take months to obtain. For this reason, we urge our clients not to delay getting a case reviewed.

8. Find a qualified, experienced Medical Malpractice lawyer.

  • Only a small percentage of Florida’s more than 100,000 lawyers handle medical malpractice cases. This particular type of case is unique for a number of reasons. First, it requires an enormous investment of time and money. It can cost hundreds of thousands of dollars to successfully present a medical malpractice case to a jury. It requires the attorney to be thoroughly conversant with medical records, medical terminology, anatomy and physiology. A medical malpractice attorney must have the ability to not only identify and locate the correct type of expert, but also to make sure the expert has all the necessary materials to review. Medical malpractice cases are typically litigated by seasoned and experienced medical malpractice lawyers that are intimately familiar with the intricacies of Florida’s complicated medical malpractice statutes, rules and ever changing case law. Medical malpractice cases are fraught with minefields, traps and hidden deadlines. Before you decide to hire an attorney, make sure she or he has experience handling medical malpractice cases. At Jeffrey R. Davis, P.A., we pride ourselves on being selective when choosing cases that have both merit and justifiable damages. We believe that our clients deserve our full and complete attention. We spare no expense selecting highly-credentialed experts that are thoroughly familiar with the specific medical issue to best enable our client’s case to be presented to a jury.

If you or someone you know has a case that you believe involves a medical error, please contact Jeffrey R. Davis, P.A. (305) 577-3777 for a free consultation. We handle cases throughout the state of Florida and are available on a 24/7 basis. We are bilingual and have been representing Plaintiffs in medical malpractice cases for more than 30 years.

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.

Bicycle Law in Miami

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Did you know that Florida has bicycle regulations?  Did you know that the laws regulating bicycles are found in the motor-vehicle section of Florida Statutes?  Florida has very specific bicycle regulations that are part of the State Uniform Traffic Control (Florida Statute 316.2065).

“Every person propelling a vehicle by human power has all of the rights and all of the duties applicable to the driver of any other vehicle under this chapter, except as the special regulations in this chapter, and except as to provisions of this chapter which by their nature can have no application”.  (F.S. 316.2065(a)).  Translated, this means that a bicyclist has to follow the same rules as the operator of a car.  Some examples of bicycle laws you may not have known of are:

  • A bicycle rider must sit on a permanent seat – not stand, or sit on the handlebars or on a rack. (F.S. 316.2065(2)).
  • A bicycle can only carry one rider. The exceptions are a child can ride with an adult rider in a child seat, backpack or sling or if it’s a bicycle built for two.
  • A child cannot be left in a bicycle child seat unless an adult is actually controlling the bicycle.
  • Children under 16 must wear an approved helmet. In fact, Florida Statute 316.2065(d) sets forth the standards for the type of helmet that must be worn.  Failure to wear a helmet can result in a citation.
  • Bicycles cannot be attached or pulled by cars while people are on them.
  • Unless a bike lane exists, a bicycle rider must ride as close as practicable to the right-hand curb or edge of the roadway except under certain situations;
    1. When overtaking or passing another bicycle or vehicle proceeding in the same direction;
    2. When preparing for a left-turn at an intersection or into a private road or driveway;
    3. When reasonably necessary to avoid any condition or potential conflict, including, but not limited to, a fixed or moving object, parked or moving vehicle, bicycle, pedestrian, animal, surface hazard, turn-lane or substandard-width lane, which makes it unsafe to continue along the right-hand curb or edge or within the bicycle lane (F.S. 316.2064(5)(a)).
  • A person operating a bicycle on a one-way highway with two or more marked traffic lanes may ride as near the left-hand curb or edge of the roadway as practicable.
  • When riding on the roadway, bicyclists may not ride in tandem or two abreast.
  • Bicycles in use between sunset and sunrise must have a lamp on the front with a white light that is visible from at least 500 feet and a rear lamp or reflector that exhibits a red light visible from 600 feet to the rear. (Again, violation of this rule may result in a citation)
  • A person riding their bicycle along a sidewalk or in a crosswalk has all the rights (and duties) that a pedestrian has. However, bicyclists must yield right of way to pedestrians and give a signal that is audible before overtaking and passing a pedestrian.
  • Every bicycle must have brakes that will enable the rider to stop the bicycle within 25 feet from a speed of 10 mph.

 

Operators of motor-vehicle and bicycles are each governed by the rules of the road.  Both are required to obey speed limits, stop signs, traffic signals and lane designations.  While “share the road” is a great slogan for the interaction between bicycles and motor-vehicles, in reality, bicyclists are the ones that are most vulnerable to accidents and injuries.

At Jeffrey R. Davis, P.A., we have represented numerous clients injured in bicycling accidents.  Our law firm supports cycling and the rights of bicycle riders.  We urge those that enjoy riding bicycles to use basic common-sense measures to stay safe and prevent accidents.  Bicycle riders should wear colorful, high-visibility clothing.  In an age of distracted drivers that are talking or texting on their phones, the more the cyclist can do to stand out the better.  Use flashing front and rear lights – even during the day.  Many cyclists attach lights to their helmets or clothing.  Ride in groups instead of riding alone to increase visibility to motorists.  Avoid riding at dusk or dawn and of course at night when motorists’ vision is most challenged.  Never ride a bicycle under the influence of alcohol, medication or drugs.  Cyclists must be on high alert at all times.

If you plan to ride a bicycle on a regular basis, it is a good idea to make sure your bicycle is professionally inspected and maintained.  It is important that your bicycle be measured for fit as a bicycle that is too big or too small for the rider can be dangerous.  Bicycle tires need replacement periodically.  They do not last forever, and a sudden blowout can cause a fall.  If riding in groups, learn bicycle group etiquette.  Announcing one’s intention to pass another cyclist (or pedestrian), alerting your fellow riders to road debris and caution while drafting are all essential to a safe ride.  Hydration and eye protection are important.

Wear a good quality helmet that is properly fitted.  According to the Insurance Institute for Highway Safety, in a majority of bicyclists deaths, the more serious injuries are to the head, highlighting the importance of wearing a bicycle helmet.  Helmet use has been estimated to reduce the odds of suffering a head injury by 50%, and the odds of head, face or neck injury by 33%.  Bike helmets are designed and tested for their ability to protect against severe head injury, such as skull fracture.  One newer offering in helmet technology is the multi-directional impact protection system (MIPS).  This thin, low-friction liner inside the helmet allows the outer shell to slide a few millimeters across the skull on impact, reducing rotational force and the amount of energy transferred to the head.  Rotational force is thought to be a factor in concussions.  While there are many manufacturers that make fine helmets, the importance of getting the right fit cannot be overestimated.  Older helmets or hand-me-down helmets should be discarded.  Safety information about helmets is important!  Look for the Consumer Product Safety Committee (CPSC) sticker inside the helmet.  This label or sticker ensures that the helmet will provide a high-level of protection in the event of an impact.  Helmet manufactured after March 1999 are required by law to meet the CPSC standard.  The “ASTM”, “ANSI”, and “SNELL” labels meet the CPSC standards.

Bicycle riding is fun, great exercise and an activity that can be enjoyed by people of all ages.  Understanding the laws relating to bicycle riding and practicing safe bike riding techniques are essential for an enjoyable, accident-free experience.

Jeffrey R. Davis, P.A. is an established Florida law firm that handles cases throughout the state of Florida involving bicycle accidents, injuries due to defective bicycles, accidents involving bicycles and motor-vehicles, accidents involving bicycles and other bicycles or unsafe conditions and product liability claims involving bicycles.  For a free consultation, on a 24-hour basis, please call our law firm at (305) 577-3777.

The Opioid Crisis

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Stories about the current opioid crisis can be found anywhere, through news channels, social media or maybe you have met someone personally affected by this epidemic. A recent study shows that on average pharmacies are filling more than 214 million opioid refills or first time prescriptions a year. There are many types of opioids that are legally prescribed; these pain medications included oxycodone, vicodin, morphine, codeine, and others. If you take a deeper look into the crisis, it also includes use of illegal drugs such as heroin or synthetic opioids like fentanyl.

The question here is what is being done to stop this epidemic from spreading? Lawsuits are being filed across the country in an effort to hold the prescribing doctors, hospitals, pharmaceutical companies and pharmacies accountable. Some of the claims state that the prescription drug is to blame for an individual’s addiction and once their prescription runs out this what leads a person to buying illegal drugs, which results in criminal activity. There are suits being filed against pharmaceutical companies that claim evidence is being hidden about the dangers and how highly addictive these medications really are.

Take for instance a case that has been filed in Florida; Attorney General Pam Bondi is suing some of the largest opioid drug makers and distributors. The state of Florida is claiming these companies failed to inform those dispensing and/or using these drugs of their risks. The Attorney General has stated, “It’s time the defendants pay for the pain and destruction they have caused.” The suit seeks damages for costs associated with drug treatment. This includes the costs of care for babies born with addictions to opioids, state foster care services, first responder services, hospital and emergency treatment, law enforcement expenses and other taxpayer expenses caused by the epidemic. Similar cases were also brought about in five other states by their attorney generals. These states include; Nevada, North Carolina, North Dakota, Tennessee, and Texas. Hundreds of other lawsuits have followed alleging misrepresentations and other aspects of negligence regarding these prescription drugs.

In 2017, Mckeenson Corp, one of the largest drug distribution companies in America reached a settlement with the Justice Department to pay $150 million to the U.S Government for failure to detect and report suspicious opioid orders. According to the Washington post “ the government accused Mckeenson- the fifth largest company in the United States- of failing to design and use an effective system to detect “suspicious orders” from pharmacies for powerful painkillers such as oxycodone”, as required by the Controlled Substance Act. In Colorado, Mckeenson filled more than 1.6 million orders for controlled substances from June 2008 to May 2013, but it reported just 16 of them from a single customer as suspicious.” This was so far the largest fine against a distribution company. Another example of a settlement was in 2017 against Costco. Costco agreed to pay $11.75 million to the U.S Government to settle charges that stated the company unlawfully filled prescriptions for doctors that were either not registered or unqualified.

While these are only initial efforts in the race to stop this epidemic, it has been stated time and time again what a huge role the opioid companies have had in this epidemic. The hope is that the outcome of these legal cases will force pharmaceutical manufacturers to responsibly design, label and distribute opioid-based pain medication to avoid its dangerous and addictive misuse thereby hopefully ending the horrible opioid drug crisis.

Jeffrey R. Davis, P.A. is a law firm dedicated to pursuing justice on behalf of its injured clients. If you, a friend or a loved one have been injured due to medical prescription mismanagement, pharmaceutical error or other adverse medication events, please contact Jeffrey R. Davis, P.A. for a free case review and consultation. Our offices are available on a 24-hour basis in both English and Spanish.

High School Dance Horror

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We recently concluded a case involving high school senior that was injured at a school dance.  The case took nearly 7 years to finally conclude.  The claim began when our client, age 19 attended a high school dance in a large auditorium.  Students were allowed to perform their own, freestyle dances.  The school allowed the students to form a large circle and individuals or groups of students would enter the center of the circle in order to perform their various routines.  The school had no plan for the dance, no rules and, virtually no supervision.  Essentially, the students were allowed to perform any type of dance or maneuver they chose.  Our client, an athletic gymnast, decided that he and his partner would perform a lift-assisted back flip.  The stunt went horribly wrong when the airborne student failed to complete the rotation and smashed his head on the hardwood floor.

Fire rescue was called. The student was unresponsive, and when he did come to, became agitated and in distress.  He was handcuffed to avoid further injury.  At the hospital, he was diagnosed with a fractured skull and bleeding into his brain.

The hospital visit lasted more than 5 months.  Our client developed a massive brain bleed over the days following the fall that required multiple brain surgeries.  He was transferred to a rehabilitation facility for many months and has lived for more than 5 years in a nursing home where he repetitively counts playing cards as a daily activity.

The claims involved negligent supervision against the school, negligence against the fellow-student that launched him into the air and medical malpractice cases against the healthcare providers that failed to provide timely intervention, care and treatment.  The added insult is this young man was here on a student visa – he is now subject to deportation.  This complex negligence and medical malpractice claim was resolved in our client’s favor thereby providing him with the means to receive supervised care and attention for the remainder of his life.  This tragedy has resulted in the school implementing significant changes in the protocols of their supervision to hopefully avoid another tragic injury.

Here at Jeffrey R. Davis, P.A. we work on significant personal injury claims on behalf of injured victims.  If you have been injured due to negligent supervision, medical malpractice or any other injury claim, please call Jeffrey R. Davis, P.A. for a free consultation.

Practice Considerations – Personal Injury Lawyer – Miami, FL

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For the injury lawyer handling a knee case, a working knowledge of the anatomy, terminology and basic pathology is essential.

The AAOS reports in 2010 there were about 10.4 million patient visits to doctor’s offices because of common knee injuries such as fractures, dislocations, sprains and ligament tears. “Knee injury is one of the most common reasons people see their doctors”.

It’s the largest joint in the body – if you are going to represent a client with a knee injury, learn the anatomy – what the component parts are and how they work.

The simple and most cost effective way to learn about your client’s knee injury is to start with the first responder’s records. Pay careful attention to the history, complaints and physical examination findings. Was swelling or effusion documented? Was there a description of redness, bruising or contusion? Look for the term “hematoma”. Was decreased range of motion or “ROM” documented? Did your client require assistance ambulating or were they placed on a stretcher.

The next source of information is the emergency room records. Patient complaints, history and physical findings must be carefully reviewed. X-rays reports, doctor’s notes and discharge instructions are also important points of information.

The initial treatment records with the PCP, family doctor or internist should be carefully examined for knee complaints and findings. Your knowledge of all of these materials in a thorough, comprehensive and chronological order will truly benefit your case presentation to the treating orthopaedic surgeon, claims adjuster and defense counsel.

All doctors, especially orthopaedic surgeons are busy people. When you meet with your client’s treating orthopaedic surgeon, physiatrist or neurologist, knowledge of the minute details contained in the medical records is essential. They will not know as much about these facts as you do! This is how you get their attention and how you get the most out of the brief conference they will give you. Use this time wisely – go in with a goal oriented plan.

I like to have my client’s doctors, especially in knee cases, give me answers to these topics:

1.      What is the injury?

2.      Is it traumatic, and if so, how can we prove that?

3.      What was pre-existing and what was new?

4.      What is the treatment plan: cost, length of time, rate of success?

5.      What effects or limitations will be permanent and can that be proven? (we live in a Daubert world- remember to get your doctor to think in terms of that level of proof).

Remember, timing of the conference with the treating doctor is important.  Too soon and many of the inquiries will go unanswered: too late and all the documentation will have already been created.

If the case warrants it, hire a medical illustrator or visual presentation company. It pays to have your AV person meet with the treating doctor to prepare and later review your exhibits, especially if they are to be used in trial.

Have your client take the time to explain how their knee injury has affected their lives. These details are important to your jury. While the average juror may not appreciate the significance of anterior cruciate ligament instability, they will understand the difficulty associated with knee pain that prevents your client from getting out of their car.

To do the best possible job for your client in a knee injury case, know more about your clients’ knee injury than everyone else involved in the case. Know all the complaints, the documented findings, the dates of treatment, complaints on those dates, doctor’s opinions, treatment and results. Know the knee inside and out. You will be surprised how this body of knowledge will enhance the valve of the case and improve the result for your client.

Good Luck!

Decreasing the Chances of an Accident at Night

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Personal injury attorney Barry P. Goldberg has handled thousands of car accidents and has noticed that many night-time accidents can be avoided with a little planning.  After age 30, a driver’s eyes become less acute and more sensitive a night especially to on-coming headlights.  There are some simple tips that will decrease your chances of a night time auto accident.

1. Shift Your Gaze

When facing on-coming headlights, never look at those lights directly. It may take several seconds for your vision to adjust and an accident could occur.  Always “shift your gaze” down and to the right.  Try to use the edge of the road line, lane line or lane markers as a guide.

2. Be Seen and Predictable

You are not the only one having difficulty seeing at night! So, be predictable.  Always check you mirrors often and know where the other traffic is located.  Try using your turn signals much earlier than you normally would during daylight. When you are preparing to stop, tap your brakes lightly at least 3 times as an additional warning that you will be stopping.

3. Prepare Your Vehicle for Optimum Night Driving

Most cars today have a manual or automatic rear view dimmer which should be used.  I have noticed that many drivers either do not switch on the rear view dimmer or refuse to turn the auto-dimmer to the on position. The rear view is very important during night driving and a high beam can blind you for several seconds.  Switch the rear view dimmer on tonight!

Many drivers complain about brightness across the entire windshield at night.  This can be aggravated by a dirty windshield which refracts light. Always drive with a clean windshield inside and out. Finally, most vehicles today have dimmers for the interior gauges as well.  Again, no one seems to bother using them.  The bright gauges in the cabin interior can make it difficult to focus on dark objects in front of your car.  Tonight, try dimming the interior gauges slightly.  You may be surprised how safe you feel!

As an experienced personal injury attorney, Barry P. Goldberg can assure you that the most valuable car accident is the one you avoid.  Try uses the simple techniques listed above and enjoy your drive more this evening.

Why You’ll Need a Personal Injury Lawyer for Your Car Accident Case

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Personal Injury Lawyers serving Miami, North Miami, North Miami Beach, Sunny Isles, and More

Jeffrey R. Davis is a personal injury lawyer in Miami, FL that is ready and able to help you with your personal injuries due to car accidents. Unfortunately, car accidents happen, and sometimes they are serious. If you or someone you care about has been involved in a serious car accident, you’ll need a personal injury lawyer.

Our Miami Car Accident Lawyers Are Reputable

The number one reason why you’ll need a car accident lawyer in Miami, FL is if you or someone you care about has been hurt, especially if the injury is permanent. Your lawyer will help you recover the cost of your medical bills, general damages, and take into consideration the time lost in school, work, or household duties.

Involved in a Pedestrian Accident? Call Our Miami Car Accident Lawyers

Is there fault in this case? If fault is an issue, you need to contact your personal injury lawyer in Miami, FL. It’s also important to contact your lawyer if there was a pedestrian involved, your pedestrian accident lawyer in Miami, FL will be a big help for your justice.

Is the police report inaccurate? Contact your car accident lawyer in Miami, FL if you feel as though the report is not accurate or fair to you. It’s important that the right details are recorded.

Another reason to contact your car accident lawyer in Miami, Fl is if you have no car insurance or your insurance company says you didn’t pay your premium. Insurance companies can be tricky to work with and an experienced lawyer is what you need to help you. Also, if your insurance company involves their lawyer, then you definitely need to hire your own lawyer.

Mr. Davis is also a motorcycle accident lawyer in Miami, FL and is glad to help those involved in motorcycle accidents who are seeking justice for their personal injuries.

If you are in a car accident, follow these steps: seek medical treatment, take pictures, get information from others involved in the accident, get names and numbers of witnesses, and contact your personal injury lawyer.

Contact Our Car Accident Lawyers in Miami, FL Today

Being in a car accident is rough. It causes emotional problems, stress, injuries, damages, and dealing with claims. Contact your personal injury lawyer in Miami, FL today to help you with every step of the way in winning your case.

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.

A Miami Personal Injury Lawyer’s Take On The Film "Bridge Of Spies"

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Bridge of Spies is a lawyer’s movie. James B. Donovan*, played by Tom Hanks, is seemingly plucked by chance to represent a Soviet spy, Rudolf Abel in Brooklyn, New York at the height of extreme patriotism in the late 1950s. The film, which is directed by Steven Spielberg, seems to focus on the valve of negotiation over brinkmanship.

In an early scene, Donovan (Hanks) a defense lawyer, is discussing an insurance claim with Plaintiff’s counsel. The issue is an accident case with 5 victims and one accident. The victim’s lawyer is trying to convince Donovan the $100,000 insurance policy should be paid to each of the 5 victims since each was affected by the insured car colliding with their motorcycles individually. With a simple analogy, Donovan explains that a bowling ball hitting 10 pins for a strike is not ten separate occurrences but just one event (meaning, he only has to pay $100,000 total).

This folksy approach gives Donovan a unique ability to diffuse international brinkmanship between the United States, the USSR and East Germany. As a lawyer, Donovan brings the concept of American fairness and the rule of law both to his defense of an accused criminal spy and in choreographing a two for one prisoner exchange. The role of the lawyer as a common sense and honorable figure able to resolve a complex situation triumphs in Bridge of Spies.

*(James B. Donovan was not quite the simple neighborhood lawyer he was portrayed as in the movie. He attended Harvard Law School, was general counsel at the office of Strategic Services during World War II and then served as assistant to Justice Robert H. Jackson at the Nuremberg Trials. He later served as the President of the New York Board of Education, was a published author, ran for the United States Senate and was a recipient of the Distinguished Intelligence Medal.)

I'm looking forward to presenting at National Business Institute’s upcoming course, “Personal Injury: 50 Mistakes Insurance Companies Want You to Make” on Wednesday, April 12, 2023.

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