Miami Injury Lawyer

I had the pleasure of visiting my in-laws in Lincoln, Nebraska recently to celebrate their 50th Anniversary. During our visit, we stopped by an equestrian center operated by a family friend. The kids and I had a chance to ride Granddad's beautiful mare, Marion. My wife, a former equestrienne, has always been impressed with Marion's disposition and she would trust a small child to ride her.

Before I climbed on, I noticed a sign reciting the Nebraska equestrian statute that essentially said, "if you get on a horse in Nebraska and get hurt, you cannot sue anyone." We all chuckled as I posed for the picture, and I noticed that Marion had a saddle that was much different from the type of saddle I was used to.

I awkwardly shifted my weight backward, just as the photo was being taken, throwing Marion off balance. She struggled to regain her footing and, in a flash, I was in the dirt. Luckily, it was a soft landing and I have a hard, helmeted head. No harm was done, other than to my ego. After a short explanation on how to balance myself in this type of saddle, I got back on Marion and we had a good time riding around the ring. What does this have to do with Cohen Law Offices or you for that matter?

Most everyone has ridden a horse or pony at a birthday party, carnival, summer camp, or on vacation. What would happen if there was an injury? Florida has a similar equestrian statute to Nebraska's, and in general there is no liability for an injury or even the death resulting from the inherent risks of equine activities. There are limited exceptions to this "no liability" rule. For example, if the equine specialist knew a saddle cinch strap was broken but used the faulty saddle anyway, or if the equine specialist failed to determine the ability of the participant to engage in the activity, there may be a claim.

This is just one many examples of laws that limit, prevent, or dictate how and when an injury claim is brought. At Cohen Law Offices, we specialize in bringing injury claims. We have years of the expertise navigating the laws that affect your case. We do this every day. We are stubborn, even hard headed in our efforts to help accident victims and their families. You know if I get thrown, I will get back on the horse, literally.

Judson Cohen, Partner, Cohen Law offices, P.A.

1. Do I have to call the police after an accident? There is no law that requires you to call the police after an accident, unless someone is injured. If there is visible damage to either car, or if anyone is injured, you should call the police and make a report.

2. Does it matter who receives the ticket? A ticket does not determine who was at fault. In fact, a ticket cannot be used as evidence at a trial to determine fault. The person who receives the ticket is often at fault, but not always. In many instances fault is shared among two or more drivers. With that said, as a practical matter, insurers often make initial decisions on who should pay for damages based on who received the ticket.

3. Who pays for damage to my car? This depends on your insurance and who was at fault. If you caused the accident, your only option is your own insurance. If the accident is your fault and you have no collision coverage, no one pays for your car. If the other driver is at fault, you can use their insurance. If you have collision coverage and the other driver is at fault, you can choose to use your insurance, or the other driver's insurance.

4. Who pays my medical bills? That depends on who was at fault and what insurance you have. If you own a car, you are legally required to have Personal Injury Protection (PIP coverage). This car insurance pays 80 percent of your medical bills up to the PIP limit. This coverage will pay no matter who was at fault, that is why it is sometimes called "no-fault" coverage. If your bills exceed the PIP coverage, other available insurance such as Medical Payments coverage, Workers Compensation coverage or Health Insurance may cover some of those bills. Those types of insurance pay regardless of who was at fault. When your bills exceed available insurance, then fault becomes an issue. If the accident was your fault, these excess bills come out of your own pocket. If the accident was the other drivers fault, you have a claim against the other driver for the unpaid medical bills.

5. What does Personal Injury Protection cover? It covers 80 percent of medical bills and 60 percent of lost wages until the coverage limit is exhausted. It may also pay certain other expenses related to the accident, such as home help and travel expenses for attending doctor visits. The typical limit for Personal Injury Protection is $10,000.

6. Do I have a bodily injury claim? If the accident is your fault, no. If the other driver is at fault, maybe. A bodily injury claim is often referred to as a claim for pain and suffering. In Florida, you can only bring a bodily injury claim when you have suffered a permanent injury. A severe fracture, an injury requiring surgery, a bad scar and some soft tissue injuries would qualify. Soft tissue injuries, such as neck and back sprains, are more difficult to prove than a fracture or scar, but they may still qualify as a permanent injury.

Continue reading "Frequently asked Questions - Florida Car Accidents" »

At some point in time during your life, you will likely be asked to give a statement under oath. What is a statement under oath? It is a statement where you agree beforehand to swear or affirm under the penalty of perjury to tell the truth to the best of your knowledge and ability. Typically, such as a statement is recorded in some fashion, either by audiotape, videotape or by a Court stenographer. A statement under oath can be testimony at trial in a Court case, but it occurs in many other settings.

If you make a claim for property damage to your house after a storm, your insurance company may require you to give a statement under oath about the damages. In that setting, the statement is usually referred to as an Examination Under Oath. If you are a witness for legal matter, you may be asked for a sworn statement about what you know. Sometimes the sworn statement is done informally, an oath is taken and your statement recorded. Other times, the sworn statement may be a deposition where you are asked to appear and answer questions with attorneys present and a Court stenographer present. Some depositions are also videotaped.

A sworn statement is a big deal and should not be taken lightly no matter how it is encountered. Remember, a sworn statement is done under oath and under the penalty of perjury. Perjury is a false statement under oath and depending on the state, the penalties for this crime can be severe. Aside from concerns about perjury, a bad statement can cause you to loose valuable legal rights.

Tip One - Tell The Truth

This may seems obvious but it is my most important instruction to clients before they give any statement, testimony or deposition. For any testimony given under oath, lying is a criminal offense, namely perjury. Yes, people can go to jail for perjury. They can also lose their job, lose their professional license and face court sanctions. Aside from all those considerations, lying is just plain wrong and as a practical matter, the truth is easier easier to remember.

I can already hear you, I would not lie. Few people start out thinking they will lie during a statement. Then some seemingly irrelevant question comes up, and it happens. For example, a client may be asked if their cousin knows about the accident. The cousin may know very little about the accident, but they still know something. A client, to avoid their cousin being harassed with a request to give a deposition, may lie and say no, their cousin knows nothing. Remember, if you give hours of truthful testimony and then get caught on a single lie, you are a liar. Getting caught lying, even once, will undo hours of truthful and persuasive testimony. Here is the simple rule, do not lie.

Tip Two - Be Prepared

Imagine for a moment, you are asked to give a speech in two days before a live audience of two thousand people. Can you feel that nervousness in the pit of your stomach? To prepare for your speech, you would probably spend those two days preparing carefully, reviewing facts, and thinking of what you were going to say. Just remember, the embarrassment you might feel from a bad speech in front of a live audience is nothing compared to the risk of bad testimony. Bad testimony often means you lose valuable legal rights, such as money, your freedom or custody of your children. You would not walk into a speech unprepared, do not give testimony unprepared.

Continue reading "What You Need to Know Before Giving A Statement Under Oath" »

There are a number of factors that affect your choice of a lawyer. If the claim is not a contingent fee accident claim, how much can you afford and how expensive is the lawyer? Does the lawyer handle cases in your area? Does the lawyer handle your type of case? Aside from these factors, there are three qualities that you should look for in any lawyer you retain.

Ethics: A Good Lawyer Is an Ethical Lawyer

An ethical lawyer is a better lawyer. Long established rules of ethics govern the legal profession. These rules include rules that require lawyers to be truthful with the court, to avoid misuse of client funds and to avoid filing frivolous claims. Judges, other lawyers and insurance adjusters know which lawyers have a good ethical reputation and they deal with the ethical lawyers more favorably. If a lawyer says or does anything that suggests they are willing to operate outside the bounds of ethics to win your case, do not hire that lawyer.

Diligence: A Good Lawyer is a Hard Worker

Effort will not guarantee a favorable result but lack of effort will guarantee failure. To be a hard worker a lawyer must keep appointments, follow through and prepare materials as promised. A lawyer does not need to work long hours to be hard worker. If the lawyer comes recommended by family or friends, ask about their work ethic. Do they work hard and follow through? If you know a lawyer from some other setting, such as being in a club together, ask yourself, does this person work hard and take the time to do tasks correctly?

Continue reading "Three Qualities of a Good Lawyer" »

You fell and you're hurt. What do you need to do and how quickly should you act? A bad fall can shatter your hip, fracture your kneecap, tear ligaments, or worse. The fall can cause you to miss work and cost you thousands in medical expenses. The last thing going through your mind after a fall is bringing a claim. In truth, the clock is ticking the minute you fall. What you do in the minutes, hours, and days after a fall may impact your ability to recover your losses.

Here is the list of things you should do after a fall:

1. Get Medical Attention. If the injury is bad, do not move until Fire Rescue arrives. This could cause additional injury.

2. Report the Fall. Tell someone about your fall. Report it to the store manager, the property owner or anyone in charge or who may be responsible for the area where you fell. If the fall was caused by something like a spill or loose tile, let them know this is what caused you to fall.

3. Collect Evidence. If you can, try to get the names of witnesses and the name of any person you report the fall to. If you have a camera phone, take a picture of the what caused the fall, like the spill or loose tile. If you are with family or friends, ask them to do this while you are treated by Fire Rescue. If you cannot take photos at the scene, you should contact an attorney soon after the fall so some of this evidence can be preserved.

4. Call your Lawyer. As soon as possible, call your lawyer, preferably Judson Cohen and Allan Cohen of Cohen Law Offices. If we accept your case, we will quickly preserve evidence. We may have someone visit the site to photograph what caused the fall. We may write and request security videos. We may notify the owner or person in charge of the area so they will not make changes to the area without taking photographs. We will move quickly to determine available insurance that may pay some, if not all, of your medical expenses.

How do you know if you have a valid fall claim? There are three key factors that help determine if you have a fall claim in Florida:

1. Duty - What should they have done to avoid your fall?

2. Fault - What did they do wrong that caused your fall? and,

3. Injury - How bad an injury do you need before you have a valid fall claim?

Duty. Duty is a legal term that describes the amount of care a landowner owes you to keep their property safe. The amount of care owed is determined by your reason for being on the property, or the vessel. For most situations, the duty owed is the duty of reasonable care. This means that the person responsible for the property or vessel needs to take reasonable steps to keep their property or vessel free of fall hazards, like a loose tile or spilled liquids.
At times, the duty requires more care. For example operators of mass transit owe a higher duty of care. Bus services, train services and cruise ship operators may have a higher duty of care under Florida law to keep their terminals and vessels free of fall hazards.

Sometimes the duty of care is very low. As an example, there is very little duty owed to a trespasser. You cannot break into a business, fall on some water then sue. In general, under Florida law the only duty owed to a trespasser is to avoid a trap intended to hurt or kill them.

Generally, if you have a legitimate reason to be at a place, you are owed a duty of reasonable care by the person in control of the property. The person in control of the property may the landowner, but it can also be a management company, a renter or someone leasing the property. At times, someone may have limited control over the property, such as a catering company during a party, and they may owe a duty of care. Your lawyer will help determine who was in charge of the property and the duty of care they owe you.

Continue reading "I fell and hurt myself, do I have a personal claim?" »

You are set to give a deposition in a court proceeding, now what? A deposition is a question and answer session under oath in a Court case. Civil cases, criminal cases, family law cases and almost all other types of Court cases have depositions. A deposition usually starts with a notice (if you are a party in the case) or a subpoena (when you are not a party in the case). The notice or subpoena will require you to appear at a certain date and time. Sometimes the notice or subpoena require you to bring certain documents with you. This is called a deposition duces tecum. A deposition may be set at various locations, such as a lawyer's office, a Court reporter's office or at Court. A deposition is a Court proceeding, but there is no judge present. Typically, the people who attend a deposition are the lawyers, a court reporter, sometimes a videographer and the person being deposed. Even though a deposition may take place in an informal setting, do not be fooled, it is a formal process and it is important.

Typically, you are asked to give a deposition when you are part of a lawsuit, or you are a witness in a legal matter. Before you show up, remember, a deposition is forever. If you say something stupid, wrong or offensive, it is typed up and kept forever. No deposition should be taken lightly, unless you enjoy looking foolish or worse, untruthful. Remember, if it is important enough for someone to take your deposition, it is important enough for you to do it correctly.

The only things deposition testimony and conversation have in common is they involve speaking. Unlike a conversation, a deposition is an interrogation. An interrogation is when one person asks questions and the other person answers the questions. Most people are not used to being interrogated, the process can be intimidating and awkward. A deposition is a question and answer session done under oath while a court reporter types down your answers. When the deposition is complete, the court reporter prepares a transcript, which is a word for word typed out book of everything said during the deposition. If you want to avoid looking foolish, or worse, know the seven golden rules for deposition testimony:

1. Answer Only the Question Asked;
2. Do Not Interrupt;
3. Answer With Words;
4. Do Not Think Out Loud;
5. Do Not Guess;
6. Avoid Always and Never; and,
7. Do Not Get Angry.

Rule 1, Answer Only the Question Asked. Remember, a deposition is not a conversation, it is an interrogation. An interrogation is a question and answer session. Wait for the question, then answer only the question they asked. When you have answered the question, stop talking and wait for a new question. If you have not been asked a question, you should not be talking. One question gets one answer. The shortest, most direct answer is typically the best. In fact, if yes or no is a complete and accurate answer to the question, simply say yes or no. If a truthful answer requires more than yes or no, then give the answer, but be brief and be direct.

I tell clients to think that they are paying for every word they say during a deposition. Long answers with lots of words cost more. This sounds funny, but it is actually true in many instances. For my clients, I usually purchase a copy of their deposition. The longer the deposition, the more expensive it is to purchase. Ultimately, it is the client's money that pays for the deposition, usually as a cost item deducted from their personal injury recovery.

Why is it important to give a short direct answer? Short direct answers sound truthful, confident and persuasive. Have you asked someone a simple question only to have them responded with some long winded explanation that never answers your question? What do you think when that happens? You think the person doesn't know the answer or they know the answer and they are trying to avoid telling you the truth. When you avoid giving a direct answer, people will assume you are lying or hiding something. Remember, answer the question, answer it directly and when you are done answering the question, stop talking.

Rule 2, Do Not Interrupt. In other words, let them finish the entire question before you begin to answer. Do not interrupt the question. In conversation this would be bad manners. In a deposition, it will make you look like a fool. A question can change based on something at the end of the question. As an example, assume a question starts, "have you had back pain", and you interrupt with a "yes" before they finished. Your deposition transcript may look very bad when the completed question is typed out as "have you had back pain, before the car accident?" You interrupt and answer a question thinking they were asking about back pain after the car accident but the question was about back pain before the accident.

Not only is it best to wait for the entire question, but you should try to wait a full 2 seconds after the question before you begin your answer. First, this will make sure they are done with the question. Second, it will give your lawyer a chance to object if that is necessary. Lastly, it will give you time to think before you start to answer.

Rule 3, Answer with Words. A deposition is transcribed, or typed out, by a court reporter. They can only type words. Even when a deposition is videotaped, the official record is the typed version of the deposition. Avoid answering questions with a gesture, like shaking your head for no or holding your hands apart to indicate something was "this big." If you want your thought to be clear, say no instead of shaking your head. If you want to describe the size of something, do not hold your hands apart to indicate "this big", give a unit of measurement. If you cannot give a measurement, give a comparison, such as saying something was as big as basketball or the length of a car.

Avoid the dreaded "Uh-huh" and "Un-uh". If you mean yes, say yes, not "Uh-huh." If you mean no, say no, not Un-uh. It would be a real shame if they ask, "are you guilty of murder" and you mean to say no, but you say Un-uh and it gets typed as Uh-huh. You can spend the rest of your life in jail thinking how much easier it would have been to say "no" to that question.

Continue reading "The Seven Golden Rules for Depositions" »

Choosing the right attorney, whether in your business or personal life, is a critical decision, and one that can seem overwhelming. Find the attorney who will best serve your needs by selecting an attorney you can TRUST.

Target. Know your goal before you begin.
Research to find the attorney who can best achieve your goal.
Understand the importance of experience.
Stay away from solicitations: Be skeptical of lawyers who advertise too much.
Time is of the essence--be proactive!

Target: Know your goal before you begin. What is your goal? Knowing your target is necessary for you to find the right attorney. This step is so important that you should know the answer before you talk to anyone. Suppose your target is to get out of your house without owing more money. Or suppose you want to get out of a business partnership with a relative without losing your investment.

Research to find the attorney who can best achieve your goal. Before you sit down in an attorney's office, research that attorney. Begin by using an online search engine such as Google or Yahoo! These searches will lead you to any Web sites the lawyer may have, as well as any news items in which the lawyer might have appeared or writing the attorney may have published.

Next, many states allow you to research your prospective attorney on the state's bar governance Web site. In Florida, the official Bar website is www.floridabar.org. Use this tool to make sure that person is truly licensed and to get other valuable information, including whether the attorney has been disciplined for ethical violations by the bar.

Understand the importance of experience. There is no substitute for experience. A lawyer fresh from law school may have a broad knowledge of the law, but that may not be enough. Young lawyers take their lumps as they learn how to work with opposing lawyers, judges, witnesses, and insurance companies. They might waste time on irrelevant facts, or worse, settle your case below its true value.

Solicitations. Be skeptical of lawyers who advertise too much. In recent years, many lawyers have begun advertising on television and on billboards, a practice that was once considered unethical and unprofessional. Naturally, these lawyers paint themselves in the best possible light, but they sometimes make unrealistic claims in their ads. Many lawyers still rely primarily on word of mouth from former clients and fellow lawyers. Lawyers who obtain the majority of their business through word of mouth have to constantly perform well so people speak well of them and recommend them.

Continue reading "Always TRUST Your Lawyer - Especially Before You Hire Them!" »

To register a motor vehicle in Florida, you must show proof of car insurance. When I ask someone what car insurance they have, they say "full coverage." There is no such thing as "full coverage." Maybe they are saying they have the amount required by law. Unfortunately, the automobile insurance required to register a car in Florida is minimal. Florida law only requires $10,000 of Personal Injury Protection coverage and $10,000 of Property Damage coverage. The law does not require Bodily Injury, Uninsured Motorist, Collision or any other type of automobile insurance coverage.

If you don't know exactly what coverage you have, you don't know what you are paying for. Automobile insurance may cost several hundred, or several thousand dollars each year. Few people would buy a product at a store for that price without making sure of what they were buying. For some reason, many people pay very little attention to the type and amount of their insurance. Here are the basic types of insurance coverage in Florida: Personal Injury Protection (PIP), Medical Payments (Med-Pay), Comprehensive and Collision (COMP/COLL), Bodily Injury (BI) and, Uninsured and Underinsured (UM/UIM) coverage.

Most people find out what coverage they have only after an accident, of course it is too late at that point. Personal Injury Protection pays approximately 80% of your medical expenses arising out of an automobile accident. If you have a deductible for your PIP, you will have to pay the medical expenses that fall under the deductible out of your own pocket, even if the other driver was at fault and you have health insurance. Florida law allows a deductible as high as $2,000 on your PIP coverage. The monthly premium savings from having no deductible compared to a $2,000 deductible is often not that substantial. If you are in just one accident during your entire life, you will likely pay more money because you chose the high deductible, than if you had paid a slightly higher premium for no PIP deductible.

Medical Payments coverage generally pays the 20% of medical charges that PIP does not pay. If you selected PIP and Medical Payments coverage with no deductible, you would be sure that your initial medical expenses after an accident would be fully covered by your automobile insurance.

Continue reading "Automobile Insurance in Florida - What Do I Need, What Do I Have?" »

A common issue in bodily injury or wrongful death vehicle accident claims is who pays for the damage to your car? If you have Collision Coverage as part of your automobile insurance coverage, you usually have the option to choose either your insurance, or the at fault driver's insurance to pay for your vehicle damage.Collision Coverage is optional in Florida, in fact, most insurance coverage is optional in Florida. The minimum automobile insurance requirement in Florida is only $10,000 of Personal Injury Protection (PIP) and $10,000 of Property Damage (PD) coverage. Remember, the mandatory Property Damage coverage only pays for damage to other people's property, not damage to your own car.

I often help client's choose the best method for getting the vehicle damage resolved while handling their personal injury claim. There are several factors that influence my recommendation on the choice between your insurance or theirs.

Fault is the key factor in the choice of which insurance to use. If you caused the accident, it was your fault, the other driver's insurance has no obligation to pay for your vehicle. In that case, your only option is your Collision Coverage. If the accident was your fault and you have no Collision Coverage, the unfortunate fact is that you pay your own vehicle damage out of your pocket.

When the other driver is clearly at fault, you can consider using the other driver's insurance to resolve your vehicle damage claim. If fault is not clear, I strongly advise clients to use their own insurance. The other driver's insurer only has to pay your vehicle damage when the crash was their fault so if fault is unclear, they may refuse payment, or offer some compromise amount based on the disputed fault. On the other hand, your Collision Coverage pays regardless of fault. It is important to remember that determining fault is not as simple as who received the ticket. In Florida, the crash report and ticket are not admissible in a civil trial per Florida Statute § 316.066(4). For fault to be clear, it usually requires physical evidence, like skid marks, or independent eyewitnesses.

It is my practice to encourage people to use their own Collision Coverage in all instances. Typically, using your own insurance is faster and easier. Using your own coverage also avoids any discussion or debate about who was at fault. If you use the other driver's insurance to pay collision damage, this may obligate you to give a statement to the other driver's insurer. You are already required to by contract to give your own insurance a statement.

Continue reading "Who Pays for the Damage to Your Car After a Florida Accident - Your Insurance or Theirs?" »