How Long Does a Personal Injury Lawsuit Take?

If you’ve suffered an accidental injury, a personal injury lawsuit may be vital to getting your life back on track. Recovering from an injury may be a costly business and the compensation you get from a lawsuit might be the lifeline you need. While some personal injury lawsuits can be resolved fairly speedily, others may take months or even years. The timeframe will depend on a range of factors, many of which have to do with your treatment and recovery.

The initial phase: accident and conservative treatment

The timeline for your lawsuit begins on the day you were injured, called the accident date. Once your injury has been stabilized, the focus of your medical treatment shifts to addressing the damage. The initial approach will usually be via conservative treatment, such as physiotherapy. This phase might last anything from four weeks to 15 months.

The aggressive treatment phase

Some people’s personal injury journey will end with the conservative treatment phase. If conservative treatment fails, however, you will move on to the aggressive treatment phase. This includes more invasive treatment options, like surgery. The aggressive treatment phase can last from two to six months.

MMI (Maximum medical improvement)

MMI is the point after the aggressive phase when the patient has made all the recovery  that doctors expect them to make. This may be from six to 12 months following aggressive treatment.

Post-MMI

After the MMI stage, the parties may move forward and enter into pre-lawsuit settlement negotiations. These negotiations are aimed at finding some mutually acceptable settlement that the plaintiff and the insurance adjuster can agree on. It can take around two months to complete these negotiations.

The lawsuit phase

Sometimes the adjuster and the plaintiff can’t reach an agreement. If this happens. the parties enter the lawsuit phase. This can take 12 months and upwards. You will have to wait for a trial date to be set, which can take a long time. The lawsuit phase can easily take three years or more. Following a favorable verdict, you may still have to wait for the final outcome as the defendant can appeal, adding one to two years to the overall timeline.

Other factors

There are other possible factors that can influence the time your personal injury lawsuit takes. These include the complexity of the case, the number of parties involved, and your own level of liability. The amount of damages you’re seeking will be a big factor. If you’re only seeking a fairly small sum, the case is more likely to be settled quickly than if you are seeking, say, tens of thousands of dollars.

The degree to which you have been injured and the length of your recovery will also factor into the length of your personal injury lawsuit. Not only will you probably want to seek a higher sum for a very serious injury, but the length of time it takes to recover will mean that it takes longer to get a settlement.

There’s another factor which is unrelated to your specific case but which can influence the time it takes: the court itself. A small but busy court with fewer resources will take longer to process your case than a larger court with more legal experts and staff available. This is unfortunate, as it can have quite a dramatic impact on the length of your personal injury lawsuit.

If you find yourself as the plaintiff in a personal injury case, you will want to think about the timeframe involved when deciding whether you should settle out of court or go on and pursue your case. Ultimately, this decision will depend on your individual situation. Talking to an experienced legal professional can help you determine what’s right for you.

Different Between Medical Malpractice and Medical Procedure Risk

Medical malpractice is a complicated issue. When a doctor errs in their diagnosis or treatment, and a patient is injured as a result, a malpractice case may be possible. Determining whether any medical injury rises to the level of malpractice will depend on a number of factors. Even the most mundane procedure carries some element of risk, and not all medical injuries mean that malpractice has occurred.

What is medical malpractice?

Medical malpractice is defined as occurring when a doctor or other health care professional fails to provide the appropriate treatment to a patient, fails to take appropriate action when they should have done, or gives the patient treatment that is not up to a reasonable standard. When an injury results from this, the patient or the patient’s family may have a legal case against the healthcare provider for malpractice. Medical malpractice law is an area of law that allows for those affected to obtain compensation.

What is medical procedure risk?

Simply because a patient suffers a negative effect due to some medical treatment, it doesn’t mean that a healthcare provider is guilty of malpractice. Unfortunately, a provider may do everything properly and still find that their patient is negatively affected. This is because of medical procedure risk.

Every procedure, no matter how common and minor, carries some degree of risk. For example, even dressing a superficial wound with an adhesive bandage carries a risk; the patient might have an allergic reaction to the materials in the dressing and develop a skin irritation. Even the commonest medications carry the risk that the patient will suffer some unwanted side-effects, while trivial surgical procedures inevitably carry a small risk that complications will ensue. The more powerful or invasive the procedure is, the more risk may be involved.

It is not a healthcare provider’s responsibility to avoid risk completely. That would be impossible, as no procedure or medication is entirely risk-free. Instead, a provider must weigh up the potential benefits of the treatment versus the possible risks. Allowing a condition to progress untreated would often be much riskier than providing treatment, even treatments that are known to have side effects.

A healthcare provider also has a responsibility to appraise the patient of the relative risks and benefits of a procedure so that they can make an informed choice about their own treatment. If the patient later suffers unwanted effects from that treatment, malpractice has not occurred as long as the treatment was appropriate. A patient is not entitled to sue simply because the outcome of the treatment was not satisfactory.

Do I have a malpractice case?

If you or someone close to you has experienced harm as a result of medical treatment, you may be able to sue for malpractice if the harm resulted from substandard care. A healthcare provider is legally responsible for the harm that a patient experiences if the standard of care was lower than that which a patient could reasonably expect.

Substandard care might include:

  • Failing to diagnose a condition or providing an incorrect diagnosis,
  • Failing to order necessary tests,
  • Failing to act appropriately on test results,
  • Discharging a patient before they were well enough, or
  • Unnecessary surgery or surgery that was incorrect.

A malpractice case is possible if:

  • The provider failed to deliver a proper standard of medical care,
  • The patient suffered an injury as a direct result, and
  • The injury results in significant damage to the patient.

Damage can include things like disability, ongoing pain, a loss of income, suffering or hardship. These conditions would need to be tied to the action or inaction of the healthcare provider. If you think you might be a victim of malpractice, you should consider speaking with a Medical Malpractice legal expert.

Negligent Security: When You Should Sue a Property Owner

It’s the duty of a landlord or other property owner to provide a secure environment. Guests, visitors, residents, attendees and patrons should be able to use the space safely and without undue risk. If a property owner fails to provide proper security, they may be liable for injuries that occur as a result. If you’ve suffered harm due to negligent security on the part of a property owner, you may be able to sue the person or entity responsible. For example: if you were assaulted by an intruder who was able to gain access to the site due to a lack of proper security, then the property owner could be held liable as well as the assailant.

What is Negligent Security?

Negligent security is the failure to provide reasonable security for a residential or commercial property. A negligent security case may be possible if:

  • There’s a condition on a property that’s potentially dangerous
  • This condition is known to the property owner
  • The property owner did not take reasonable steps to remedy the danger, and
  • Someone is injured as a direct result of the dangerous condition.

Here are some examples of negligent security:

  • Missing or broken locks on doors or gates, facilitating entry by assailants
  • Insufficient lighting in hallways, alleys or parking lots that leads to accident or assault
  • A lack of security staff which allows an assault to occur
  • An aggressive or threatening person on a property who is not removed, and who later goes on to commit assault or property damage against a patron.

The crucial element of a negligent security case is negligence on the part of the property owner. It must be demonstrated that the condition was known to the owner, that they could have reasonably foreseen that injury was a possible consequence, and that they could have taken steps to remedy the situation. In the example of an accident occurring in a darkened hallway, it should be shown that the property owner knew that the location was too dark and should have improved the lighting. If this is proven, the responsible party can be made to pay compensation.

Why sue over negligent security?

Naturally, your first concern if you’re injured in an assault or an accident is to bring the responsible party to justice. In addition, you may have incurred significant financial costs due to your injuries. Medical bills, time off work, perhaps mobility aids, home care or even remodeling your home to accommodate a disability — all these things can add up to a severe financial blow. A negligent security case can help to pay for these things, as well as compensating you for pain, suffering and emotional trauma. Financial compensation can be a lifeline for those who are facing mounting debts through no fault of their own.

Besides monetary compensation, you will also have the satisfaction of knowing that a careless property owner has been held accountable. By making the responsible party answer for their negligence, you are discouraging negligent conduct and perhaps preventing similar incidents in the future.  By taking action, you may be protecting someone else from being harmed. Faced with the prospect of possible future lawsuits, the responsible party may be less willing to ignore hazards and more conscientious about keeping their property secure.

Even if you don’t have witnesses and there’s no camera footage available, it’s worth seeking legal advice to find out whether you have a claim. Graves Thomas Rotunda Injury Law Group can help you. Experienced negligent injury attorneys are prepared to deliver the settlement you deserve so that you can begin rebuilding your life after an injury.

How Much Can Someone Sue for a Car Accident?

Being involved in a car accident is bad enough, but for many people, their problems are just beginning. Insurance payments, medical expenses, the shock and distress caused by the accident — all these things can mount up. If you’ve been affected by a car accident, you may be considering legal action to recover costs or compensate you for any harm you may have suffered. A car accident settlement might be the solution, reimbursing you for expenses relating to the accident and compensating you for any injuries or psychological impact.

Car accident insurance settlements

When you’re in a car accident, you will usually receive an insurance settlement. Your company may pay for repairs or a replacement, even if the crash was your fault. If another driver was involved and they bear some responsibility for the wreck, their insurance company may pay you. This settlement should compensate you for any material losses, as well as pain and suffering.

The amounts you receive may be less than you hope or expect. While you can usually get reimbursed for monetary expenses like repairs, it can be harder to assess and receive compensation for the psychological impact of the accident. A car accident lawsuit can help you to get compensation for things that insurance usually doesn’t remedy.

How much can I expect to receive from a car accident lawsuit?

Before beginning the car accident lawsuit process, it’s useful to know what kind of insurance settlement you might expect. You may not need to litigate if the insurance payout is satisfactory.

When it comes to determining a settlement, much will depend on the type of insurance held by you and the other driver. For example, if you’re in an accident with a driver who didn’t have insurance, or whose insurance was insufficient, this can hurt your settlement unless your policy includes cover for uninsured or under-insured drivers. You may need to sue the individual to make up the difference.

The severity of the injuries and the cost of any medical bills will factor heavily into the amount you receive. You must be clear about any ongoing treatment and likely future expenses. The judge who looks at your case will take future treatment stemming from the accident into consideration. Lost wages due to recovery are another consideration.

Liability for the accident will be a significant factor. For example, if the other driver was under the influence of alcohol or drugs, you may receive a larger settlement. If you are found to have contributed to the accident occurring, that will negatively impact your claim.

The amount of damage to your vehicle and other property will be factored into your settlement. If you need to repair or replace your car, you may be able to receive money for this. You’ll also be able to claim other expenses relating to the crash. This can include expenses like alternative transport while your car is repaired. In the case of severe disability, it can consist of the cost of modifications to your home. If you have to change jobs or can’t work anymore, you should be compensated for this.

Non-economic factors may also impact on your settlement. If you suffer long-term trauma, are disfigured, have to stop pursuing your usual interests, or are otherwise rendered unable to enjoy your life as you previously did, this may be considered too.

In the final analysis, whether or not to litigate will be a personal choice. A typical settlement may be around three to four times the amount of any medical bills. The amount will vary based on several factors, including those mentioned above. If you do decide to pursue litigation, be aware that this can be very time-consuming. Some cases may take years to resolve. If your chief concern is getting back to normal as quickly as you can, it may be worth settling for the insurance payment rather than engaging in litigation. In cases where the payment is significantly lower than you were hoping for, and the insurance company is refusing to negotiate, litigation may be your best option.

COVID-19 Florida Reopening Update

Most of Florida will slowly start to reopen next week after COVID-19 struck the state in March, paralyzing businesses, putting millions out of work and killing more than 1,000 people.

Gov. Ron DeSantis on Wednesday laid out the first phase to reopen Florida, which will for now not include Palm Beach, Broward and Miami-Dade counties — areas where the virus has swiftly spread. Starting Monday, elective surgeries can resume, retail stores can operate at 25 percent indoor capacity and restaurants may offer outdoor seating with six feet of space between tables and indoor seating with 25 percent capacity, DeSantis said. Schools will continue distance learning and visits to senior living facilities will still be restricted. Bars, movie theaters, gyms and businesses such as hair salons will remain closed.

“We will get Florida back on its feet by using an approach that is safe, smart and step-by-step,” DeSantis said at a televised press conference from Tallahassee.

While the state starts to reopen, vulnerable individuals with underlying health conditions and citizens over 65 should avoid close contact with people outside their homes. The public should still keep a safe distance from one another while in public spaces and must avoid socializing in groups of more than 10 people in circumstances that don’t allow for physical distance. Facial masks are recommended for those in face-to-face interactions and in situations where social distancing is impossible, DeSantis said.

DeSantis added he’s hopeful South Florida can reopen as its positivity rates of COVID-19 cases steadily decline as they have for the rest of the state.

“These counties have seen the lion’s share of the state’s epidemic, but they are trending in a positive direction,” DeSantis said. “I am working with them and will continue to work with them, and I do believe that they will be able to move to Phase One very soon.”

Three more walk-up testing sites — mainly in South Florida — will open, bringing the total sum of sites to 11 across the state. The sites have testes at least 6,330 people, DeSantis said. Five additional drive-thru testing sites will open across the state and a mobile lab will begin conducting 3,500 tests a week that provide results in 45 minutes. The state will continue to consistently test at senior care facilities, where the virus especially travels quickly.

An at times emotional DeSantis said he plans to monitor testing to ensure there’s no spike in cases or hospitalizations before proceeding to the next steps of putting the state’s roughly 2 million people back to work.

“This has thrown the lives of millions of Americans into economic and social turmoil. Floridians have lost jobs at no fault of their own and many are fearful of what may come next,” DeSantis said, choking up. “Others have seen small businesses that represent their life’s work devastated practically overnight. This current crisis has impacted in one way or another all 21.5 million Floridians in life-changing ways.”

The next steps toward fully reopening the state will follow recommendations from the Centers for Disease Control — just as Phase One has. The second phase for states and regions with no evidence of a COVID-19 resurgence recommend vulnerable individuals to continue to shelter in place.

“Members of households with vulnerable residents should be aware that by returning to work or other environments where distancing is not practical, they could carry the virus back home,” the White House’s website states. “Precautions should be taken to isolate from vulnerable residents.”

Social settings of more than 50 people — where appropriate distancing may not be practical —should be avoided unless precautionary measures are observed. Non-essential travel may resume and the CDC encourages employers to allow employees to work from home whenever possible. Schools can reopen and gyms can open if they adhere to strict physical distancing and sanitation protocols. Bars may operate with diminished standing-room occupancy. Visitation to senior care facilities would still be prohibited in the CDC’s Phase 2 plan.

Phase 3 of the CDC’s plan to reopen — that DeSantis plans to eventually mimic — allows workplaces to operate with unrestricted staffing, visits to nursing homes are permitted, gyms can remain open if they adhere to standard sanitation protocols and bars may operate with increased standing room occupancy. Large venues such as sit-down dining, movie theaters, sporting venues and places of worship can operate under limited physical distancing protocols — although the distance requirements are not provided on the White House’s website.

Lastly, under Phase 3, “vulnerable individuals can resume public interactions, but should practice physical distancing, minimizing exposure to social settings where distancing may not be practical, unless precautionary measures are observed”. Low-risk individuals should consider minimizing time spent in crowded environments, according to the CDC.

Florida has seen 33,193 cases, 5,419 hospitalizations and 1,218 deaths related to COVID-19, according to the Florida Department of Health. Hospitalized patients never threatened capacity at any of the state’s hospitals which have nearly 70,000 beds, DeSantis said.

The U.S. has confirmed just over 1 million cases of COVID-19 and 58,965-related deaths. Worldwide, more than 200 countries and territories have confirmed more than 3.17 million cases and 219,611 deaths. The novel virus — believed to have originated in Wuhan, China sometime late last year — is marked by symptoms of cough, shortness of breath or at least two of the following symptoms: fever, chills, repeated shaking with chills, muscle pain, headache, sore throat and loss of taste and smell, according to the CDC.

If You Are a Witness in a Vero Beach Car Accident

Most of us hope that we’ll never witness a car accident. From time to time, though, accidents do occur. If you’re among the first people on the scene, you may want to stop and help. While you’re under no legal obligation to do so, you might feel a moral obligation. While being a good citizen is highly rewarding, it can also be dangerous. If you do go to help, be cautious, and keep the following advice in mind.

Stay safe

After witnessing a car accident in Vero Beach, you should ensure that you’re in a safe location before you exit your vehicle. Other drivers may not have noticed the disabled vehicle and may collide with it, or with your car. Stop your vehicle a safe distance away — at least 100 feet. Turn on your hazard lights to warn other drivers and wait until you’re sure it’s safe before getting out of your car. Car accidents often present hazards like broken glass, leaking fuel, or fires.\

Call emergency services

If the accident looks serious, you should phone 911 immediately. Don’t assume that someone else has already called for an ambulance. It’s better for multiple reports to come in than for an accident to go unreported. Contact emergency services, explain the situation and tell the dispatcher as much as you can. For example, state the number of people involved and whether any of them need medical attention.

Approach with caution

You may wish to assist the people involved in the accident. Approach the scene with care, looking out for hazards. If the accident scene looks dangerous, return to your vehicle. You should also be alert to any signs of aggression in those involved. People who have just been involved in a car crash may be shaken, angry, and not thinking clearly. It’s common or altercations to arise. Be careful if you try to intervene and de-escalate the situation.

Assist the injured with care

Unless there is an imminent risk of further injury or death, do not move an injured person. They may have internal injuries that you could exacerbate if you move them. Instruct victims to stay still and let them know that help is coming. Try to keep the person as calm as possible and remain with them until the emergency services arrive.

Note that Florida has a Good Samaritan law, which protects those who render emergency first aid at the scene of an accident. As long as you are acting in good faith, you cannot be held liable for unintentional injuries or property damage caused while you were trying to assist.

Provide eyewitness information

You should stay at the accident scene until the police arrive. The responding officer may wish to take a statement regarding the accident. Stick to the facts. Don’t speculate as to who may have been at fault — tell the officer what you saw.

If you’re not able to stay at the scene, you could give those involved your contact information. The drivers or their insurance companies may wish to contact you later for details about the accident. It’s a good idea to make a few notes about what you saw in case you’re contacted later.

If you are asked to give a statement

You might be asked to testify or give a statement about the accident to the police or for a court case. In most instances, you won’t need to do this — you may never hear anything about the car accident again.

Serving as a witness following a road traffic accident is usually voluntary. You may be asked to give a deposition or to testify on the stand, but it will generally be up to you whether you wish to do this. If, however, the judge orders a court summons, you are obliged to attend court. A summons means that you could face legal repercussions, such as a fine or even jail time if you don’t comply.

Witnessing a car accident can be stressful, particularly if you may be called upon to testify in court. It can be helpful to know what to expect should this happen. You can find out more by contacting an attorney.

Business and Contract Disputes Related to COVID-19

The COVID-19 pandemic has had an unprecedented effect on businesses of all kinds. Many organizations find themselves struggling, for various reasons, to fulfill their contractual obligations. In some situations, it may be impossible to fulfill a contract, while in others, it may be possible to meet the terms of the agreement by offering a substitution or alternative to the goods or services initially discussed. Another option might be to delay fulfilling the contract until a later date. Under what circumstances is it acceptable to amend or cancel a contract? How does the rise of COVID-19 affect business and contract disputes?

Government actions and restrictions

As well as the impact of the disease itself, with the tragic loss of life and health that it has brought, businesses must confront the effects of government interventions to limit the spread of the virus. While necessary from a public health perspective, these interventions have had a significant impact on businesses across virtually every sector. Some industries — notably hospitality and travel — have been affected more dramatically, but all sectors are feeling the pressure created by these new restrictions.

We might point towards the ‘lockdown’ strategies deployed in many regions. The closure of businesses deemed non-essential, and the introduction of social distancing has caused significant disruption, especially when these measures have moved from voluntary to mandatory. Supplies of raw materials have been disrupted. Staff have become unavailable. Transportation has been affected by these restrictions, whether by road, rail, sea, or air.

Contractual defenses

In law, it’s a basic tenet that if a party breaches a contract, that party is liable to pay damages. There are defenses, however. These fall into three general categories: impossibility/impracticality, the frustration of purpose, and force majeure.

Impossibility/impracticality

Put simply; this defense is valid when it is simply no longer possible to carry out the terms of the contract. If, for example, the contract specifies that a singer or actor will perform a show at a particular venue, but government interventions result in such places being closed, then impossibility would be a reasonable defense. Neither party could reasonably have foreseen the rise of COVID-19, nor could they have anticipated that the government might need to close venues because of the virus.

Impracticability is a similar defense that may be available in some jurisdictions. If the fulfillment of a contract is theoretically possible but would be excessively difficult, complicated, or expensive, it may be possible to mount a defense of impracticability. This excessive burden can’t be the fault of the defending party, nor can it be due to something that was reasonably foreseeable.

Frustration of Purpose

Frustration of Purpose is somewhat similar to the impracticability defense, in that the contract could still be carried out. In the case of frustration of purpose, however, carrying out the contract is no longer reasonable as its purpose has been obviated. In the example above, where performance could no longer take place due to the venue having been closed, it might no longer be reasonable to fulfill a contract to provide lighting or sound services for the performance. The equipment and personnel might still be available, but there would be no sound to amplify or performance to light, nor an audience.

Force majeure

‘Force majeure’ is a contractual provision which excuses parties from their contractual obligations if some circumstance beyond the parties’ control prevents them from fulfilling those obligations. It’s easy to see how government restrictions due to COVID-19 could reasonably fall under force majeure.

We can see, therefore, that those who find themselves unable to fulfill their contractual obligations may be able to defend themselves against legal action. As long as they can show that it is the situation related to COVID-19 that has caused the issue, and not some negligence or lack of effort on their part, there are various defenses that might be open to a party who can no longer fulfill a contract in these complex and troubled times.

Leaving No Stone Unturned; Understanding the Often-Elusive Insurance Benefit of Uninsured Motorist Coverage

Leaving No Stone Unturned; Understanding

the Often-Elusive Insurance Benefit of Uninsured Motorist Coverage

By: Matthew M. Thomas of Graves Thomas Rotunda Injury Law Group – October, 2019.

Life altering injuries are a potential reality for all of us. They can happen instantaneously and without warning. Tens of thousands of people die each year in motor vehicle accidents across the country. This includes Florida, who sees its fair share. Beyond those resulting in a death, greater numbers of drivers suffer from non-fatal injuries on a daily basis. Hopefully, this never happens to us or anyone we know. Hopefully, we make it back home safely to our families, each and every day. Unfortunately, this is not our reality.

When someone is permanently injured in a car accident, their own life and oftentimes the lives of those closest to them, are changed drastically. Issues – such as financial pressures from mounting medical bills or an inability to work can prove to be overwhelming. Ideally, the individuals who negligently cause such accidents and any resulting injuries, will have sufficient bodily injury liability coverage under their insurance policy to fully compensate the injured victims. 

But what if they do not? Well, in the sunshine state, chances are they will not. According to research, Florida ranks first in the percentage of uninsured drivers on public roadways, with approximately 26% of the state’s drivers doing so without any bodily injury liability insurance whatsoever. That, is where uninsured motorist coverage (synonymous with underinsured motorist coverage) comes in. In collecting this insurance coverage, it is critical to understand it and explore all its potential applications. This article is a cursory attempt at doing so. 

Uninsured motorist insurance coverage, often referred to “UM” coverage is a creature of statute and contract. Florida’s UM statute, Section 627.727, Florida Statutes, was initially passed in 1961, and while it has seen its share of changes over the years, its intent remains. The statute was enacted to protect individuals who are legally entitled to recover damages caused by owners and operators of uninsured or underinsured vehicles. To illustrate, suppose the driver of vehicle 1 is at fault for an automobile accident that resulted in the driver of vehicle 2 sustaining bodily injuries. If Driver 1 does not have sufficient bodily injury liability coverage to fully compensate Driver 2 for their injuries and damages, then Driver 2’s UM coverage would provide insurance coverage to compensate Driver 2 for his or her injuries. Chiefly, to qualify as an uninsured motorist under Florida Statute §627.727, the value of Driver 2’s injuries must exceed the bodily injury liability limits afforded to Driver 1. Think of it like a tiered insurance system. Once the damages of Driver 2 exceed the bodily injury liability limits available under Driver 1’s insurance policy, Driver 2’s UM coverage picks up the tab.

The statute’s purpose is to protect persons who are injured on public roadways due to other motorists who cannot make the injured party whole again with sufficient bodily injury liability insurance coverage. Section 627.727 was neither “designed” to protect the motorists that injure and damage others, nor to compensate or benefit insurance companies. Indeed, the protections  afforded by the statute are not susceptible to the attempts of insurers to limit or negate that protection. The statute’s “design” includes separating out causes of action for UM coverage under theories sounding in breach of contract made against insurers; as opposed to causes of action that are sounded in general negligence and made directly against at-fault drivers themselves.  Once a cause of action is filed, courts give effect to the legislative intent in application of the statute to the specific facts presented in any given case. This results in an ample supply of court cases and opinions outlining various applications of UM coverage in different factual scenarios, which is beyond the scope of this article. 

Because Florida’s legislature understood the importance of UM coverage to the state’s general welfare, Florida law requires all automobile policies with bodily injury liability coverage to have equal UM limits. An exception – or escape – from this requirement exists when an insured has made a knowing reduction or rejection of UM coverage. Most commonly, insurers achieve this by having an insured sign a valid UM rejection form that is compliant with the requirements of Section 627.727. Only one signature of a named insured is required to bind the policy to the selection of UM coverage. A valid UM form that is signed by an insured, creates a “conclusive presumption” of a knowing rejection or reduction of UM coverage which then applies to the policy for all insureds. Yet, this conclusive presumption is not always so conclusive. This conclusive presumption can be overcome by evidence of fraud, trickery, or forgery of the insured’s signature on the UM form.

Without a valid UM form signed by an insured, there is no conclusive presumption and an insurer must undertake the task of proving that an insured made a knowing and informed selection of UM coverage through other methods. This includes offering proof that an insured “orally” rejected UM coverage. Perhaps unfairly, insureds must their demands for UM coverage in writing to claim entitlement. Obviously, the factual disputes that can arise in the absence of a signed and valid UM form create uncertainty, with results in more costs, more time and more litigation.  

Although UM compliance may appear simple in concept, fact disputes still commonly arise over the validity and statutory compliance of UM forms. For instance, whether an UM form satisfies the formatting requirements for “electronically delivered documents” or is considered “readable language” is dependent on the specific UM form in question. Those wishing to invalidate an UM form should use strict application of the requirements found within Section 627.727. Even the slightest deviation from the language provided in the statute renders any given UM form potentially invalid.

Beyond the issues of an UM selection/rejection form’s contents, are issues surrounding the insurer’s compliance with Section 627.727’s notice requirements. If an insurer is unable to prove proper notice was accomplished per the statute’s requirements, then the insurer has a renewed responsibility to offer UM coverage equal to the bodily injury liability limits under the policy. That is – when a signed and valid UM form rejecting or reducing coverage exists, and the insurer has sent the required notices to the insured, the insured is bound to the original election of the rejection or reduction of UM coverage. Alternatively, when an insurer fails to send an insured the required annual notice, insurers are required to provide full UM coverage (equal to the bodily injury liability limits under the policy) regardless of the insured’s initial election of UM coverage.

Needless to say, a smooth navigation of all the potential UM coverage issues can prove difficult – if not downright impossible. All those involved in actual disputes of UM coverage are bound to encounter some of them. Importantly, the ultimate consequences associated with litigating these issues is potentially devastating for insureds and insurers alike. On one hand, an insurer may be required to extend UM coverage in the amounts of 6 or 7 figures, to equal bodily injury liability limits, even though no premiums were ever paid by an insured. On the other hand, injury victims may be potentially left out in the proverbial “cold” with absolutely zero sources of recovery.

Given the uncertainties found in the realm of UM coverage, it is imperative to enter into these disputes with a full understanding of the potential pitfalls and an organized plan of attack. This topic’s vast body of law allows the insurance industry, who are repeat players in the litigation of insurance disputes, to craft their arguments in favor of themselves and against UM coverage. It also allows technicalities to become mountains made of molehills. Being able to practice in this realm effectively, means being proficient in its terms and their application.  If sufficiently qualified to do so, an individual can use the statutes governing UM coverage and the court opinions interpreting them as pivotal tools in obtaining the full amount of insurance coverage available. As the great military general Sun Tzu once wrote, “the enlightened ruler lays his plans well ahead.”

Graves Thomas Rotunda Injury Law Group Hosts Lion King Movie Night

On Friday July 19th, Graves Thomas Rotunda Injury Law Group hosted treasure coast law enforcement, veterans and emergency service providers and their families for opening night of “The Lion King”, complete with a complimentary movie themed tumbler and popcorn. Over 220 people were able to fill the theater at the Majestic 11 in downtown Vero Beach and watch the live action remake of a 90’s Disney classic.

“We simply wished to thank an incredible cornerstone of our community for their tireless service,” said Attorney Joe Graves. “Anything our firm can do to resource, support and thank community, we are eager to do.” Graves Thomas Injury Group proudly sponsored a red carpet and photographer to complete the evening honoring the people who put their life on the line to protect our community.

Graves Thomas Rotunda Injury Law Group Sponsors Women’s Concealed Cary Course

Graves Thomas Rotunda Injury Law Group believes in empowering women to protect themselves and their family in a time of need.  On May 28th, 2019 we decided to give back to the women in our community by sponsoring 15 ladies to attend a concealed weapons course located at a local shooting range.

We worked with IRCSO, US Law Shield and Gorilla Ammunition to provide Florida’s required course for concealed carry licensing. The ladies learned about legal responsibilities, the principal parts of a pistol, safe firearm handling practices and shooting proficiency. Through this course, we provided these 15 women a platform to build upon.  With continued training and education, we know that this group will feel safe and protected.

“The reality is, we live in a world where there are certain times when women are vulnerable. With this course, we hope to equip women with the knowledge to be able to confidently face those times of vulnerability.” – Joseph Graves.