Question:
SHOULD I HIRE A LAWYER I ONLY KNOW FROM A BILLBOARD OR TELEVISION AD? Tammy, Inverness, Florida
Answer by Attorney Keith Taylor:
Lawyers in Florida are regulated by The Florida Bar. The Florida Bar attempts to regulate lawyer advertising, but the standards are not easy to identify and are inconsistently applied. All advertising should carry a warning that tells potential clients that they should not base their decision to hire a lawyer solely on advertising, and that they can request written information related to the lawyer's qualifications. Most people don't pick a doctor because of a billboard or yellow page ad, but for some reason, many choose their lawyer that way.
The best way to find a qualified lawyer who will represent your interests in any legal matter is to speak with friends, family and other professional community members (accountants, clergy, doctors, etc...) and find out what they know about any particular lawyer or law firm. Being referred to a lawyer by someone you trust is usually the best way to ensure a positive relationship and experience.
Most billboard and television (even yellow page) advertisers do not have an active office in the rural areas in which they advertise. When a prospective client calls the "1-800" number, the intake clerk will usually take some information and offer to send someone to you (because they don't have a local office). Usually, that person who comes to you is NOT A LAWYER, and if he or she is, they are not likely to be the lawyer who will handle your case. Just because you call the lawyer's office and someone comes to your home, you are not committed to hire that person. You should feel comfortable that your interests will be adequately represented by a qualified lawyer who will keep you properly informed about your case.
Your legal case may be one of the most significant things in your entire life. You should not put this very important matter in the hands of someone you only know from a billboard.
Friday, October 8, 2010
Tuesday, August 24, 2010
LAWYER WON'T COMMUNICATE WITH ME ABOUT MY CASE
Question:
WHAT SHOULD I DO WHEN THE LAWYER I HIRED TO HANDLE MY PERSONAL INJURY CASE WON'T DO ANYTHING OR TELL ME WHAT'S GOING ON WITH MY CASE? Tampa, FL
Answer by Attorney Keith Taylor:
The failure to communicate with a client is the number 1 complaint against lawyers, followed closely by the lack of competence. You may be suffering from both in this situation. Often times lawyers who do not have experience in handling significant personal injury cases take them on, only to find that they are not as easy as they thought. At times they get to a point where the unexperienced attorney may not know what to do next; and you can guess that speaking with you about their lack of competency is not high on their list of things to get done today. Sometimes at the early stages of these cases there may be little or nothing to report by way of "progress" of your case, but at a minimum, the lawyer should communicate that fact to you.
Our office is often contacted by people who are frustrated over the lack of action and communication by their other lawyer. Since these cases are almost always handled on a contingency fee basis, we know that there is certain required paperwork which must be completed by the lawyer and the client at the beginning of the attorney-client relationship, including the signing of a Statement of Client Rights For Contingency Fees. We will routinely direct the disgruntled client to that Statement where it tells them that they, the client, have the right to ask the lawyer at reasonable intervals how their case is progressing, and to have those questions answered to the best of the lawyer's ability. This is a Right of the client. You, the client should remind your lawyer of your right to have your questions answered, and if your lawyer refuses to act or communicate, you should consider whether you want to continue to use the services of that lawyer. Sometimes it may also be necessary to obtain the assistance of the Florida Bar; the agency which oversees and licenses Florida attorneys.
WHAT SHOULD I DO WHEN THE LAWYER I HIRED TO HANDLE MY PERSONAL INJURY CASE WON'T DO ANYTHING OR TELL ME WHAT'S GOING ON WITH MY CASE? Tampa, FL
Answer by Attorney Keith Taylor:
The failure to communicate with a client is the number 1 complaint against lawyers, followed closely by the lack of competence. You may be suffering from both in this situation. Often times lawyers who do not have experience in handling significant personal injury cases take them on, only to find that they are not as easy as they thought. At times they get to a point where the unexperienced attorney may not know what to do next; and you can guess that speaking with you about their lack of competency is not high on their list of things to get done today. Sometimes at the early stages of these cases there may be little or nothing to report by way of "progress" of your case, but at a minimum, the lawyer should communicate that fact to you.
Our office is often contacted by people who are frustrated over the lack of action and communication by their other lawyer. Since these cases are almost always handled on a contingency fee basis, we know that there is certain required paperwork which must be completed by the lawyer and the client at the beginning of the attorney-client relationship, including the signing of a Statement of Client Rights For Contingency Fees. We will routinely direct the disgruntled client to that Statement where it tells them that they, the client, have the right to ask the lawyer at reasonable intervals how their case is progressing, and to have those questions answered to the best of the lawyer's ability. This is a Right of the client. You, the client should remind your lawyer of your right to have your questions answered, and if your lawyer refuses to act or communicate, you should consider whether you want to continue to use the services of that lawyer. Sometimes it may also be necessary to obtain the assistance of the Florida Bar; the agency which oversees and licenses Florida attorneys.
Wednesday, August 11, 2010
EX HUSBAND WANTS MONEY FOR CHILD'S INJURY
Question:
CAN MY EX-HUSBAND SUE THE INSURANCE COMPANY OF THE MAN WHO HIT MY DAUGHTER AND COLLECT MONEY FOR HIMSELF? Butler, MO
Answer by Attorney Keith Taylor:
In Florida, the short answer is typically "no." I am assuming from your question that you are the person with custody of your daughter and that she is a minor. Either way, the guardian would be able to pursue recovery on a claim 'on behalf of' your daugther. Recovery for injuries suffered by your daughter belong to your daughter, however, because of her age, she will require her guardian to pursue such claims. The claims, however, are hers. In some instances, a parent of an injured child can pursue a claim for their own losses as well, which may include medical expenses paid by the parent and loss of income caring for the injured child. The recovery of exceptional damages by a parent of an injured child are limited to significant and permanent injuries to the child. If you believe your ex-husband is acting in his own interests and not the child's, you should consult an attorney to have this matter more closely evaluated. Thanks for your inquiry.
CAN MY EX-HUSBAND SUE THE INSURANCE COMPANY OF THE MAN WHO HIT MY DAUGHTER AND COLLECT MONEY FOR HIMSELF? Butler, MO
Answer by Attorney Keith Taylor:
In Florida, the short answer is typically "no." I am assuming from your question that you are the person with custody of your daughter and that she is a minor. Either way, the guardian would be able to pursue recovery on a claim 'on behalf of' your daugther. Recovery for injuries suffered by your daughter belong to your daughter, however, because of her age, she will require her guardian to pursue such claims. The claims, however, are hers. In some instances, a parent of an injured child can pursue a claim for their own losses as well, which may include medical expenses paid by the parent and loss of income caring for the injured child. The recovery of exceptional damages by a parent of an injured child are limited to significant and permanent injuries to the child. If you believe your ex-husband is acting in his own interests and not the child's, you should consult an attorney to have this matter more closely evaluated. Thanks for your inquiry.
Monday, August 2, 2010
SHOULD I SPEAK WITH THE INSURANCE COMPANY AFTER AN ACCIDENT?
Question:
I WAS INVOLVED IN A CAR ACCIDENT AND HAVE BEEN CONTACTED BY THE OTHER PERSON'S INSURANCE COMPANY. SHOULD I SPEAK TO THEM?
Answer By Attorney Keith Taylor:
Of course you should contact your own insurance company as soon as practically possible following an accident. You may be contacted by the insurance company for the other person involved in the accident, which may also be the same company as your insurer, so don't be confused. The other insurance company could contact you for a number of reasons. First, they may have liability for the damage to your vehicle, and this would be covered under the other person's Property Damage insurance. Typically, it is normal to have discussions with the Property Damage adjuster regarding repair of your vehicle and rental. You may also be contacted by an adjuster under the other person's Bodily Injury Liability insurance policy. Typically, you should not speak with this person until you have consulted with an attorney regarding your rights. Many times, this Bodily Injury adjuster will want to 'take your statement' about the crash, and will most often request to record that statement. There is no requirement that you speak with this adjuster, and most of the time, you should wait to do so until you have discussed your case and injuries with a qualified attorney. Likewise, you should not sign any forms or submit anything to the other party's insurance company related to your injuries or medical treatment until you have consulted with an attorney familiar with handling these types of cases.
Understand, however, that under you own policy of insurance, you must 'cooperate' with your company, which may include signing forms and giving a statement.
Insurance law is very complicated, so it is important that you meet with an experienced Personal Injury Lawyer as soon as possible after your accident to discuss your case; your rights and responsibilities. To learn more about Automobile Accidents or Personal Injury, visit our website at www.KeithTaylorLaw.com.
I WAS INVOLVED IN A CAR ACCIDENT AND HAVE BEEN CONTACTED BY THE OTHER PERSON'S INSURANCE COMPANY. SHOULD I SPEAK TO THEM?
Answer By Attorney Keith Taylor:
Of course you should contact your own insurance company as soon as practically possible following an accident. You may be contacted by the insurance company for the other person involved in the accident, which may also be the same company as your insurer, so don't be confused. The other insurance company could contact you for a number of reasons. First, they may have liability for the damage to your vehicle, and this would be covered under the other person's Property Damage insurance. Typically, it is normal to have discussions with the Property Damage adjuster regarding repair of your vehicle and rental. You may also be contacted by an adjuster under the other person's Bodily Injury Liability insurance policy. Typically, you should not speak with this person until you have consulted with an attorney regarding your rights. Many times, this Bodily Injury adjuster will want to 'take your statement' about the crash, and will most often request to record that statement. There is no requirement that you speak with this adjuster, and most of the time, you should wait to do so until you have discussed your case and injuries with a qualified attorney. Likewise, you should not sign any forms or submit anything to the other party's insurance company related to your injuries or medical treatment until you have consulted with an attorney familiar with handling these types of cases.
Understand, however, that under you own policy of insurance, you must 'cooperate' with your company, which may include signing forms and giving a statement.
Insurance law is very complicated, so it is important that you meet with an experienced Personal Injury Lawyer as soon as possible after your accident to discuss your case; your rights and responsibilities. To learn more about Automobile Accidents or Personal Injury, visit our website at www.KeithTaylorLaw.com.
Tuesday, July 27, 2010
Who is responsible for medical bills after an accident?
Question:
SOMEONE TOLD ME THAT MY OWN INSURANCE COMPANY IS RESPONSIBLE FOR MY MEDICAL BILLS FROM A CAR ACCIDENT, EVEN IF THE OTHER DRIVER WAS AT FAULT. IS THIS TRUE?
Answer by Attorney Keith Taylor:
Under Florida Law, every vehicle is required to maintain certain minimum insurance. This minimum insurances is often referred to as “No-Fault” insurance. “No-Fault” comes from the law in place, which requires each vehicle to have at least Personal Injury Protection (PIP) and Property Damage (PD) insurances. PIP coverage provides for the payment of 60% of lost wages and 80% of reasonable and necessary medical expenses. PIP insurance is considered ‘primary’ insurance for medical treatment for injuries related to an automobile accident. So, essentially, that is correct; Your auto insurer will pay for your medical bills (assuming you have the Florida required coverage) after any deductible you may have chosen, and up to the amount of your coverage, which can be no less than $10,000.00. Remember, however, that under PIP, only 80% of the bills are covered, so you may have to resort to other insurance (Medicare, Health Insurance, etc...) or even into your own pocket. Certain additional rights exist if you have a Permanent Injury, and you should consult a qualified attorney to discuss those rights.
SOMEONE TOLD ME THAT MY OWN INSURANCE COMPANY IS RESPONSIBLE FOR MY MEDICAL BILLS FROM A CAR ACCIDENT, EVEN IF THE OTHER DRIVER WAS AT FAULT. IS THIS TRUE?
Answer by Attorney Keith Taylor:
Under Florida Law, every vehicle is required to maintain certain minimum insurance. This minimum insurances is often referred to as “No-Fault” insurance. “No-Fault” comes from the law in place, which requires each vehicle to have at least Personal Injury Protection (PIP) and Property Damage (PD) insurances. PIP coverage provides for the payment of 60% of lost wages and 80% of reasonable and necessary medical expenses. PIP insurance is considered ‘primary’ insurance for medical treatment for injuries related to an automobile accident. So, essentially, that is correct; Your auto insurer will pay for your medical bills (assuming you have the Florida required coverage) after any deductible you may have chosen, and up to the amount of your coverage, which can be no less than $10,000.00. Remember, however, that under PIP, only 80% of the bills are covered, so you may have to resort to other insurance (Medicare, Health Insurance, etc...) or even into your own pocket. Certain additional rights exist if you have a Permanent Injury, and you should consult a qualified attorney to discuss those rights.
Wednesday, July 21, 2010
Car Accident While Test Driving
Question by Anonymous, Tacoma, WA:
I took a car home from the dealership. The financing had not gone through yet but the dealer said he would take care of everything. I took the car for a drive with friends and turned down a gravel road at night. A deer ran out in front of the car and when I swerved I ended up in an unmarked construction ditch. No police were called to the scene and the car was able to be pulled out of the ditch, but could not be driven home. The car is home now and I need to know what to do.
Answer by Attorney Keith Taylor:
First you should consult a lawyer familiar with your state law. In Florida, the operator of the vehicle would be responsible for their negligence. From the facts you describe, I don't see any negligence on your part. You had permission to drive the vehicle, and the deer running in front is like a tree falling on the vehicle (not your fault). The dealership most likely has insurance, but may have a deductible which they will try to push you for. Your paperwork may have had some kind of strict liability language making you responsible even without negligence, which is why I recommend you see a lawyer familiar with your state's laws. It seems from your description that you have not suffered an injury. It is good for you that the significance of the problem is limited to property damage.
I took a car home from the dealership. The financing had not gone through yet but the dealer said he would take care of everything. I took the car for a drive with friends and turned down a gravel road at night. A deer ran out in front of the car and when I swerved I ended up in an unmarked construction ditch. No police were called to the scene and the car was able to be pulled out of the ditch, but could not be driven home. The car is home now and I need to know what to do.
Answer by Attorney Keith Taylor:
First you should consult a lawyer familiar with your state law. In Florida, the operator of the vehicle would be responsible for their negligence. From the facts you describe, I don't see any negligence on your part. You had permission to drive the vehicle, and the deer running in front is like a tree falling on the vehicle (not your fault). The dealership most likely has insurance, but may have a deductible which they will try to push you for. Your paperwork may have had some kind of strict liability language making you responsible even without negligence, which is why I recommend you see a lawyer familiar with your state's laws. It seems from your description that you have not suffered an injury. It is good for you that the significance of the problem is limited to property damage.
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