Recent Blog Posts

Personal Injury Protection PIP Changes 2013

Paul Brannon — Thu, 10 May 2012 15:03:00 GMT

Concerned Floridians,

Changes to your automobile insurance policy are coming in January 2013, specifically, your right to claim Personal Injury Protection (PIP) benefits! Lets briefly talk about PIP benefits and what changes you should expect.

First, built into almost every automobile insurance policy in Florida is a form of health and/or lost earnings insurance coverage called Personal Injury Protection (PIP) benefits. This coverage is often referred to as No-Fault Insurance. Generally, these terms are interchangeable. This coverage is available to the insured driver, passengers in the insured’s motor vehicle, and pedestrians that may have been injured by the insured’s motor vehicle. It is important to note that the insurance policy of the tortfeasor or negligent driver does not pay PIP benefits to the injured claimant. So, if you have been injured in a motor vehicle accident, look to your own insurance company first to make payments on your medical bills or reimburse your lost wages. In Florida, the mandatory PIP coverage is $10,000.00. This coverage pays for 80% of your reasonable and necessary medical bills arising from the motor vehicle accident and/or 60% of your lost wages. Regardless of how you use your benefits, they benefits are capped at $10,000.00.

Now that you have a snapshot of what Personal Injury Protection benefits provide, you should know what new limitations the Florida Legislature have approved in a recent bill. The new law will require that anyone seeking PIP medical benefits to receive treatment and care within 14 days after the accident. The initial services must be provided by a licensed physician, osteopathic physician, chiropractor, dentist or rendered at a hospital. Of greater importance is the new requirement that the ER physicians make a referral for followup care. This care must be consistent with the underlying medical diagnosis rendered when the individual received initial services and care. Although I do not agree with this limitation and restriction, it will be in affect by January 1, 2013. My concern with this new amendment falls into circumstances such as the following:

A woman is rear-ended on Monday. She is immediately taken to the emergency room where she is treated for neck pain. The doctor diagnoses her with a cervical sprain (sprain to neck) and she is released. The doctor tells the woman to f/u with her family doctor if her symptoms continue. The next morning, the woman’s lower back begins to hurt. She makes an appointment with her family doctor and complains about neck and lower back pain.

Should the woman be entitled to PIP benefits for the treatment rendered to her neck and lower back? The new statute seems to indicate that PIP benefits would not be paid for treatment to her lower back because her lower back was not in the medical diagnosis provided by the ER physician. Further, the treatment that the woman’s family doctor provides to her neck may also be denied by the insurance company because she did not obtain a “referral” from the emergency room physicians.

This is but one example that could likely occur where someone was legitimately injured in a car accident, but fails to obtain the PIP benefits that she has rightful paid for over many years. Many other changes have been made. I encourage you all to make an independent investigation of the 2013 changes so that you can better protect yourself and your family. If you have any questions regarding your rights after being involved in an accident, please call my law firm. We can help!

C. Paul Brannon, Esq.

Accident Reports

Paul Brannon — Fri, 04 May 2012 20:17:00 GMT

Have you ever heard of the Accident Report Privilege?

Are you concerned about some of the information contained within the accident report? Did you happen to overhear someone talking to the officer at the accident scene and believe that it will be beneficial to your claim?

Well, you better pay attention! Florida law considers communications between police officers and parties involved in motor vehicle accidents to be privileged. This rule was intended to promote honesty in the reporting process. The privilege can be found under Florida Statute §316.066 (4). The statutes reads as follows:

"(4) Except as specified in this subsection, each crash report made by a person involved in a crash and any statement made by such person to a law enforcement officer for the purpose of completing a crash report required by this section shall be without prejudice to the individual so reporting. Such report or statement may not be used as evidence in any trial, civil or criminal. However, subject to the applicable rules of evidence, a law enforcement officer at a criminal trial may testify as to any statement made to the officer by the person involved in the crash if that person's privilege against self-incrimination is not violated. The results of breath, urine, and blood tests administered as provided in s. 316.1932 or s. 316.1933 are not confidential and are admissible into evidence in accordance with the provisions of s. 316.1934(2)."

This privilege includes statements made to and by police officers with regards to the investigation of the accident. I know that this can be confusing and frustrating, but the privilege was established with the belief that the determination of who is truly at fault for the accident would be likely discovered. It also assists the State of Florida in making highway safety a priority for all.

The privilege, although vast and wide, does have its limitations. Although the driver and owner of the vehicle, as well as any passengers, are protected by this privilege, the privilege does not extend to witnesses. Nor does the privilege extend to the personal observations made by the investigating office. For example, it is permissible to have the investigating office provide testimony regarding measurements and distances, skid marks, resting places of people and cars, and the officer’s recollection of a person’s demeanor or actions that could support a claim that the individual was intoxicated or under the influence of drugs.

Unfortunately, even if you overheard someone involved in the accident making a report to the police office, you cannot later recount that statement at trial. Allowing the testimony of an eavesdropper or a witness to the privileged statement at trial would defeat the very purpose of the accident report privilege.

Be sure to tell your attorney about any information that you may have regarding eye witnesses. Eyewitnesses are not typically considered “involved” in accidents. Therefore, they can offer testimony regarding their personal observations. You may find out that the person responsible for the accident even made statements directly to the eye witness that can help your personal injury claim.

Lastly, even though the accident report is inadmissible at trial, your attorney still uses this document when preparing for trial and to guide his/her investigation. The report contains very important information that your attorney needs, such as the names of parties involved, available insurance coverages, an outlines of how the accident occurred, possible witnesses, etc..

Please contact our firm if you have any further questions regarding this privilege or you would like to discuss your personal injury claim.

C. Paul Brannon, Esq.

Attorney's Fees

Paul Brannon — Mon, 23 Apr 2012 18:44:00 GMT

ATTORNEY’S FEES

You may have questions regarding how an attorney is paid after handling a personal injury claim. Generally speaking, most personal injury attorneys agree to accept a portion of the money their client recovers as the fee for services. This agreement or arrangement is called a contingency fee. The Florida Bar Association and the established ethics rules require that a lawyer and his/her client enter into a written agreement. The agreement must outline the portion of the recovery that the attorney will receive. The fee is typically expressed in the contract as a percentage of the recovery. This fee may increase if the case must be tried or in the event that the claim is appealed.

The Rules of Professional Conduct, which regulates the practice of Florida attorneys, provides limitations as to what an attorney can charge a client under a contingency fee agreement. The rules state that if the settlement of your claim occurs before the filing of an ‘Answer’ or the expiration of the time period provided for such action, the fee is 33 1/3 percent of any recovery up to $1 million. Approximately 80 – 90% of all claims in Florida fall within this fee arrangement. An ‘Answer’ is a legal document filed by the Defendant in response to a Plaintiff’s lawsuit. The rules require that an Answer be filed within twenty (20) days after receipt of the Complaint. An attorney’s fee can and, typically, will increase if your claim must be litigated. After the filing of an Answer, the maximum attorney’s fee that you should expect is 40 percent of any recovery up to $1 million.

Other fees may apply, but this summarizes approximately 95+% of all claims in Florida.

On a side note, many of you have heard the phrase, “No recovery, No fee”. This is fairly accurate. The typical agreement that you enter into with a personal injury attorney should state that the lawyer will not get paid any fees unless you win your case. However, if you read the agreement in its entirety, you will likely find language in the contract that states the attorney may assess costs such as filing fees with the court, deposition/witness fees, mediation fees, and other expenses that the law firm incurs as a result of your personal injury claim. If you successfully settle your claim or obtain a Final Judgement, these expenses may be deducted from your share of the recovery. However, what happens if you don’t make a recovery? Can your attorney still charge you for the expenses that the law firm has incurred? The short answer is YES. But, in most cases, if not all, Brannon & Brannon, will work with the client and more often than not, waive these expenses if a recovery is not obtained on your behalf.

Remember to always ask your attorney for an itemized billing statement of all expenses incurred by his/her law firm. It is required under the rules that the attorney provide you with a copy. If you need more information regarding attorney’s fees, please visit the Florida Bar’s website at http://www.floridabar.org or you may contact their consumer hotline at 1-(866)-352-0707.

C. Paul Brannon, Esq.

Structured Settlements Allowed For Minors

C. Paul Brannon, Esq. — Tue, 17 Apr 2012 14:41:00 GMT

Dear Parents/Guardians,

This may surprise you, but did you know that you (as the natural guardian/legal guardian of your minor child) must first obtain the approval of the Court before accepting a personal injury settlement on behalf of your minor child. There are a few exceptions to this rule, but for the most part, any settlement that exceeds $15,000.00 must be approved by the Court. Depending on the amount of the settlement, Florida Statutes may also require or give the Court the authority to require the appointment of a guardian ad litem. A guardian ad litem in this situation is typically an attorney that has handled personal injury actions and can inform the court whether the proposed settlement is in the best interest of the minor. In addition to the appointment of a guardian ad litem, Florida Statutes may also require the appointment of a legal guardian to manage and protect the settlement funds on behalf of the child. Most of my parents are confused at this point, because they all assume that they are the legal guardians of their biological children. In fact, most parents are only considered the natural guardians of their children and must be appointed by the court as the child's legal guardian.

Before you obtain the court's approval, parents must decide whether they will take a lump sum settlement or form a structured settlement that would make regular payments to the minor child. Parents have the control to dictate the amount and the timing of the payments, even if the payments are to be made past the date of the minor's eighteenth (18th) birthday. Most parents like this plan because it ensures that the minor child does not mismanage the funds when they turn eighteen (18). A recent court decision fromt he 5th District Court of the Appeals confirmed that such a structured settlement is appropriate and at the termination of the guardianship, the guardian need only deliver the annuity contract, and not the actual proceeds to the child. Hancock v. Share, 36 FLWD 1484a (Fla. 5th DCA 7-8-11).

If you have any questions or concerns regarding the injury or settlement of your minor child, please contact my firm at your convenience. This is only a snapshot of the issues that parents must face when evaluating their minor child's bodily injury settlement.

C. Paul Brannon, Esq.

Rear-End Accidents: The Presumption of Negligence

Paul Brannon — Fri, 13 Aug 2010 16:04:00 GMT

Whether you have been injured in a rear-end car accident in Fort Walton Beach, Niceville, Destin, Crestview, or any other city in Okaloosa County or the State of Florida, there is a rebuttable presumption that the negligence of the rear-driver was the sole cause of the accident. This is not an absolute holding. Florida law presumes that the rear-driver was negligent unless that driver provides a substantial and reasonable explanation as to why he/she was not negligent. Don't be surprised if the insurance adjuster representing the rear-driver accuses you of suddenly stopping without warning. The insurance company will attempt to use the sudden stop reasoning as a defense to the presumed negligence of its insured. Don't take any chances, if you have been involved in a rear-end accident contact attorneys Dennis and Paul Brannon in Fort Walton Beach, Florida to discuss your claim for personal injuries.

What are Personal Injury Protection Benefits (PIP)? Will it pay for my medical bills OR lost wages?

Paul Brannon — Tue, 13 Oct 2009 19:45:00 GMT

The answer is YES!

Every automobile insurance policy sold in Florida or intended to cover a motor vehicle operated within the state of Florida must provide personal injury protection (PIP) benefits to the (1) named insured, (2) relatives residing in the same household, (3) persons operating the insured motor vehicle, (4) passengers in the motor vehicle, and (5) other persons struck by the vehicle and suffering bodily injury while not an occupant of a self-propelled vehicle.

Each policy must carry no less than $10,000.00, which covers a loss sustained by any such person listed above as a result of bodily injury, sickness, disease, or death arising out of the ownership, maintenance, or use of a motor vehicle.

The $10,000.00 in PIP benefits can be used to pay for a portion of your medical bills or loss of your gross income. If you have medical bills [ambulance bill, ER bill, x-ray bill, etc.], your PIP benefits will pay up to eighty (80%) percent of all reasonable expenses for medically necessary medical, surgical, X-ray, dental, and rehabilitative services, including prosthetic devices, and medically necessary ambulance, hospital, and nursing services.

If you are forced to miss work due to the injuries you sustained in an accident, you may also be entitled to compensation for your lost wages. PIP benefits under your automobile insurance policy will pay up to sixty (60%) percent of any loss of gross income and loss of earning capacity per individual from inability to work caused by the injury(s) sustained. The insurance company even has an obligation to pay disability benefits no less than every 2 weeks. Please keep in mind that your insurance company will require that adequate proof of your disability and past earnings before any benefits are paid to you.

In the unfortunate event that you die or a loved one dies as a result of a motor vehicle accident, he/she may be entitled to a death benefit under the PIP provisions of your automobile insurance policy equal to $5,000.00 or the remainder of unused PIP benefits. The lesser of the two amounts will be paid by the insurance company. The benefits will more than likely be paid to the executor or administrator of the deceased; however, it can be paid to the deceased's relatives.

Car Accident Insurance - What is full coverage?

Paul Brannon — Fri, 14 Aug 2009 18:26:00 GMT

Car Accident Insurance

What is Full Coverage?

Many of our potential clients who have been in a car accident are under the impression that their insurance agent sold them "full coverage". What is full coverage? Most client's believe that full coverage means they have any and all available types of insurance to protect them from being sued and/or from injuries they may sustain in a car accident. Unfortunately, this is a misconception. Current Florida law only requires operators of motor vehicles to carry (1) property damage insurance (PD) and (2) personal injury protection benefits (PIP). Some insurance agents misrepresent the two described benefits as "full coverage". When in fact, "full coverage" would include (3) liability insurance (BI) and (4) uninsured or under-insured motorist coverage (UM or UIM).

Don't be fooled. Ask you insurance agent to explain what could happen to you if you fail to carry liability and uninsured motorist coverage. A few of the possible consequences include you having to take money out of your own pocket to settle a potential claim or the possibility that you will be left with large medical bills with no means of paying those bills.

If you have been involved in a car accident and you are interested in learning more about what type of insurance you carry, contact us at 863-LAWS (5297).

New blog and website!

Scorpion Design — Tue, 04 Aug 2009 07:00:00 GMT

Wm. Dennis Brannon, PA has launched a new website and blog to discuss personal injury issues and topics in Fort Walton, FL. If you are in need of assistance for an injury you have sustained, please contact our offices today!