Jacksonville Injury Attorney Blog

Unanswered Questions: Florida's New Personal Injury Protection Insurance Coverage for Car Accidents and The Meaning of "Emergency Medical Condition"

Fri, 18 May 2012 14:03:31 -0500

As previously relayed in our blog, Florida's personal injury protection insurance coverage for injuries resulting from car accidents has changed dramatically. Instead of an injured person having $10,000.00 in personal injury protection coverage for medical bills and lost wages resulting from injuries in car accident, the limit of coverage will now be only $2,500.00, unless the injured person has suffered an "emergency medical condition," as determined by the person's medical care providers.

Emergency medical condition is a medical condition manifesting itself by acute symptoms of sufficient severity, which may include severe pain, such that the absence of immediate medical attention could reasonably be expected to result in any of the following: (a) Serious jeopardy to patient health; (b) Serious impairment to bodily functions; or (c) Serious dysfunction of any bodily organ or part.

What will qualify for these conditions is uncertain. What is certain is that there is going to be a flood of litigation to answer this question. Will injuries to a person's muscles, ligaments or intervertebral discs with potentially worsening symptoms if additional treatment is not provided satisfy this requirement?

The provisions of the new personal injury protection statute are similar to existing federal legislation relating to situations where hospitals are required to provide emergency care to persons taken to the hospital even if that person has no health insurance. In cases interpreting that statute, the courts have made clear that only care for an acute condition will qualify. In other words, hospitals are not required to provide long lasting care for chronic conditions or chronic pain for uninsured persons.

While such an interpretation may make sense when forcing hospitals to see uninsured patients (a hospital should not be required to provided long-standing care for chronic but stable conditions), it does not make sense for persons suffering injuries in a car accident.

Meanwhile, the threshold requirements that a person must suffer a permanent injury in a car accident to recover damages for pain and suffering remain intact. Because of this, a person is denied their constitution right to access to the courts for a claim against another for car crash injuries that are not permanent. Because the former personal injury protection coverage provided a reasonable alternative to an injured person's right to bring his or her action in court, the former statute was considered constitutional.

Since the time the original personal injury protection coverage amounts were set, medical care costs have risen substantially. As such, in order to remain a reasonable alternative to a person's right to access to the courts, the personal injury protection limits should be increased and not decreased over time. You can expect a constitutional challenge to the new statute on these grounds very soon.

Deadly Car Accidents Drop to Lowest in 63 Years

Mon, 14 May 2012 14:18:18 -0500

The National Highway Traffic Safety Administration recently reported that the number of fatalities on the country’s roads is continuing to decline and is now at the lowest number it has been since 1949. This marks the sixth consecutive year of decline in car fatalities since 2005.

Seat belt use, safer cars and safer roads were among the factors cited contributing to this positive trend, as were rising gas prices, the economy and high unemployment. The NHTSA also cited increased preventive measures, such as cameras to catch drivers speeding or running red lights, playing a role in lower fatalities on the road. Fewer impromptu trips are also part of the reason for the decrease in fatalities.

In Jacksonville, fatal car accidents are declining as well. The Jacksonville Sherriff’s Office reports that fatal automobile accidents in Jacksonville have dropped by 15.6 percent from 2010 to 2011. As a whole, car wrecks in Jacksonville have declined by 6.5 percent.

Still, there are far too many fatalities on our roads every year -- about 32,000 people died in automobile accidents last year. Distracted driving -- such as texting while driving -- plays a big role in car wrecks. Many states, excluding Florida, have banned cell phone useage while driving. Many states, 38 to be exact, have banned texting while driving. Perhaps Florida will enact similar legisltaion to make our roads safer in the future.

Written by Elizabeth Allen.

Sweeping Changes to Florida's Auto Accident Personal Injury Protection Laws

Mon, 23 Apr 2012 13:28:24 -0500

In 1972, the State of Florida enacted car insurance legislation designed to provide car accident victims with insurance for medical expenses and lost wages. In exchange for these insurance benefits, persons injured in car accidents could only bring a lawsuit for non-economic damages, i.e., pain and suffering, if he or she suffered a permanent injury as determined by a doctor.

Recently, in a supposed attempt to prevent insurance fraud, sweeping changes were passed by the Florida Legislature and approved by Florida Governor Rick Scott. These changes greatly limit a person's benefits in the event of he or she being injured in a car accident. Whether a proportional reduction of car insurance premiums will result is questionable.

In order to qualify for any medical benefits, an accident victim must obtain obtain treatment within 14 days of an accident from a hospital, medical doctor, osteopathic physician, chiropractic physician, or a dentist. The full $10,000 PIP medical benefit is available only if, within that fourteen day period, such a medical provider - chiropractors not included - determines that the insured has an “emergency medical condition.” If not, the PIP medical benefit is limited to $2,500.00.

"Emergency medical condition" means that without further care, the person will suffer: serious jeopardy to health; serious impairment of bodily functions; or serious dysfunction of bodily organ or parts. Exactly what qualifies for such categories of injury will take some time, and lots of court decisions, to iron out.

If a person injured in an accident does not obtain medical care from a listed category of provider within fourteen days, that person will not be entitled to any personal injury protection benefits at all.

Senator Bill Nelson (whose office is located in our firm's building here in Jacksonville) is among those who are opposed to this new legislation. He has been outspoken about his views that the changes will not prevent fraud, but will, instead, result only in increased profits for insurance companies at the expense of those suffering injuries in accidents.

The new law will become effective on January 1, 2013.

St. Johns County Nursing Home Worker Charged with Abuse

Mon, 16 Apr 2012 14:13:39 -0500

Our firm is on the lookout for nursing home negligence throughout the Jacksonville area. Unfortunately, something much worse than negligence may have occurred recently in a nursing home located in St. Johns county: intentional abuse.

An elderly woman suffering from dementia was heard screaming. Another worker came into the room to find a certified nursing assistant (commonly referred to as a "C.N.A.") holding a pillow over the elderly woman's face. The nursing home employee was arrested. That employee had previously been the subject of an allegation of sexual misconduct at the nursing home.

The nursing home involved has received favorable ratings from the Florida AHCA Nursing Home Guide, which provides ratings that result from its inspection findings.

It takes a sad and depraved person to abuse an elderly helpless person. It is imperative that nursing homes effectively screen all employees to make sure that any warning signs are uncovered. Of course, there is no guarantee that such people have prior records of abuse or quesitonable behavior. If they do, however, the nursing home should be held responsible for allowing that person access to our most vulnerable citizens. Doing so will help make it less likley to occur in the future.

Thirteen Injured in Vehicle Accident While Riding a Jacksonville Transportation Authority Bus

Wed, 11 Apr 2012 15:28:08 -0500

Thirteen riders of a Jacksonville Transportation bus suffered personal injuries in an accident that occurred on St. Augustine Road in Jacksonville's southside. The accident occured on Monday when the driver of the bus collided with a sport utility vehicle. The injured passengers were taken to a Jacksonville hospital.

If the driver of the Jacksonville Transportation bus was at fault for causing the auto accident, injured riders will have personal injury claims against JTA which is protected by Florida's sovereign immunity laws.

Sovereign Immunity is an old doctrine that limits or eliminates claims against governmental entities. For accidents that occuring after October 1, 2011, the applicable liability limits for Florida governmental entities is $200,000.00 per person and $300,000.00 per accident.

There are two instances in which these limits can be exceeded. One occurs where a state entity has purchased insurance in an amount above the limits. The second occurs where an injured person is able to get the Florida Legislature to pass a claims bill. The claims bill process is very long, and, by far, the majority of such requests are not passed.

"Left-Turn" Car Accident Results in Death of Nassau County Woman

Thu, 22 Mar 2012 16:49:38 -0500

A woman died and her daughter suffered serious injuries in a car accident that happened yesterday in Nassau County, Florida. The auto accident happened when the woman attempted to turn left across oncoming traffic in order to enter the on-ramp to I-95 southbound. She was traveling east on Florida A1A when she made the turn and was struck by a logging truck traveling westbound.

The driver of the truck suffered minor personal injuries. He was taken to the Baptist Medical Center - Nassau hospital.

"Left-turn" accidents represent the second most common type of car accidents seen by our Jacksonville attorneys, after rear-end collisions. Left turn auto accidents are extremely serious as they are essentially head on collisions for the car going straight. Usually the driver of the car going straight has little or no time to avoid a collision.

The most common reason that left turn car accidents seem to occur is that the driver of the turning car thinks he or she has enough time to clear the intersection before the approaching car closes the distance.

Jacksonville Nursing Homes Receving One out of Four Stars

Mon, 27 Feb 2012 12:32:39 -0500

Florida's Nursing Homes are regulated by the Agency for Health Care Admininstraction (AHCA). AHCA performs inpections of all nursing homes in the state and grades them from one to five stars.

Unfortunately, many nursing homes in the Jacksonville area have received only one or two stars. Jacksonville area facilities receiving only one star include: Harts Harbor Health Care Center; Lanier Manor; Riverwood Center; Signature Healthcare of Jacksonville; and Summer Brook Health Care Center.

Categories of inspections include: adequate housekeeping; proper treatment to prevent and heal pressure ulcers or bedsores; minimizing hazards for accidents including falls; medication error rates; physician review of resident care; appropriate infection control programs; and maintaining the dignity of residents.

To see AHCA's report on all of the nursing homes in the Jacksonville area go to http://apps.ahca.myflorida.com/nhcguide/ViewFacilityData.aspx?Region=04. Before allowing a loved one to stay in a nursing home, we recommend that you do a thorough investigation of the facility, including using the AHCA as one reference.

Florida Legislature Commitees Approve Proposal to Add a Jacksonville University Nursing Home

Tue, 21 Feb 2012 14:16:12 -0500

Commitees of the Florida Senate and House have approved a proposal to allow a new 150 bed nursing home to be affiliated with Jacksonville University. The nursing home industry has objected to the proposal arguing that there are already many unfilled nursing home beds in the Jacksonville area.

The proposal woud allow more beds in the Jacksonville area despite a moratorium on adding new nursing home beds. In 2001, Florida lawmakers placed a moratorium on what are known as "certificates of need" for additional nursing home beds.

The proposed nursing home, through its affiliation with Jacksonville University, would provide a hands-on teaching forum to train its nursing students in geriatric and nursing home care. The result, of course, would be better educated and better trained nurses in Jacksonville and other parts of the state. In fact, Representative John Wood, who serves on the House committee, said the bill will improve standards in Florida's nursing home industry.

We applaud this effort by the Florida Legislature. Hopefully, the bill will become law. While many nursing homes provide excellent care, far too often we see situations where a nursing home's staff has not been properly educated or trained resulting in improper care, injuries or infections to residents.

The moratorium has been in effect since 2001, Since then, Florida's popluations has both increased and aged. It is hard to imagine that there are so many empty nursing home beds in the Jacksonville area that additional hands-on training is not worth the extra beds.

A Good Change: Fewer Car Accident Deaths on Jacksonville Roadways

Mon, 20 Feb 2012 11:15:56 -0500

According to the Jacksonville Sherriff's Office, fatalities due to automobile accidents in Jacksonville dropped 15.6 percent from 2010 to 2011. In general, Jacksonville area car wrecks as a whole have dropped by 6.5 percent. At the same time, Jacksonville police officers issued fewer tickets while increasing the number of warnings given to drivers.

Jacksonville Sheriff John Rutherford said the increase in warnings, rather than citations, has contributed to the decrease in auto accident deaths. Experts attribute the decline to better technology road safety measures, increased seat belt useage, and people driving less due to the economy and high gasoline prices.

Jacksonville's statistics mirror a national trend of fewer highway deaths. According to the U.S. Department of Transportation, as of 2010, the number of traffic fatalities were at an all-time low since 1949.

Still, traffic fatalities and crashes are all too common. In 2011, 103 people died in Jacksonville due to traffic accidents. Let's hope the trend continues. Getting texting while driving banned would certainly help.

Written by Elizabeth Allen

Truck Loses Tire Causing Fatal Auto Accident on I-95

Wed, 18 Jan 2012 14:26:35 -0500

Monday night, a tire came separated from the axle of the trailer portion of a tractor-trailer traveling on I-95 in Volusia County caused a fatal accident when a car traveling behind the truck struck the tire. In addition to the fatality, two people suffered personal injuries in the accident. The Florida Highway Patrol is investigating the accident. Volusia County is located about one hour south of Jacksonville, Florida.

This is an unfortunate and unnecessary trucking accident. Most likely, either the company performing maintenance on the truck failed to properly secure the tire to the axle or the owner of the truck failed to have the truck properly maintained and inspected.

In either case, the persons suffering injuries or the family members of the deceased person have the right to seek compensation. Through this process, they can get many of their questions answered. Why did the tire come off of the truck? Who was responsible for maintaining the truck? When was the last time the truck tire had been serviced or inspected? The state of Florida may or may not get to the bottom of these important questions.

City of Tallahassee, Florida, Approves $2.6 Million Settlement in Wrongful Death Case of Informant

Thu, 12 Jan 2012 12:53:09 -0500

The Tallahassee City Commission approved a $2,600,00.00 settlement recently in the wrongful-death suit of a police informant who was killed during a drug sting operation. The lawsuit was brought by the parents of a twenty-three year old Forida State University student, who alleged that the City Police Department was negligent the manner in which she was used in the operation.

During the sting operation, the woman was given money to purchase drugs from suspected dealers. The meeting was arranged in a rural area. The police lost contact with the young woman and the suspected drug dealers murdered her and stole her car. The young woman's crime that resulted in her being used in such a dangerous police obligation? Possession of marijuana and medication without a prescription.

$200,000.00 of the settlement will be paid immediately. The remainder will only be paid if the Florida Legislature approves a claims bill specifically agreeing to pay the amount. The state is under no binding obligation to do so. Even if it occurs, it usually takes many years and much lobbying. Regardless of whether the settlement is ever funded, justice for this young woman will never be complete.

Only after trial began, the City finally acknowledged that the police department was negligent. Think about that - this is an especially egregious case. The City did not offer fair compensation before the parents hired an attorney. It should have. The City did not offer fair compensation during three years of litigation while devestasting facts of negligence were discovered. Only when the parents trial lawyers had started the trial and the writing was on the wall was the City forced to do the right thing.

We can only hope this recognition by the City will lead to more reasonable and cautious police behavior when enlisting citizens to perform work that it is obligated to do. In fact, the Florida Legislature has now passed a law requiring police to: adopt policies to protect informants; provide training for investigators who work with informants; make police inform informants they cannot be promised reduced sentences; and allow potential informants to talk with a lawyer before agreeing to act as an informant.

Although injury attorneys are much maligned in our society, consider what would have been accomplished if no attorneys were involved and a thorough investigation on the young woman's behalf was never done. Would policies have changed? Would more citizens accused (but not even convicted) of relatively minor crimes by killed?

Truck with Jacksonville Mother and Child Collides with School Bus

Thu, 05 Jan 2012 16:19:58 -0500

An accident involving a truck and a school bus in downtown Jacksonville led to hospitalization for a mother and child. Despite the fact that the bus had its yellow warning flags on, the mother tried to pass the school bus on the left and was hit as the bus turned. The truck flipped several times until it landed in a fence and yard. The school bus accident occurred on Jacksonville’s East 11th Street just east of Martin Luther King Jr. Expressway.

Fortunately, the mother and child’s injuries were not life threatening. The school bus contained just two elementary school students in addition to the driver, none of whom were injured.

Considering a school bus weighs up to 40,000 pounds when filled to capacity, it is critical that motorists adhere strictly to school bus safety laws. Unfortunately, that is not always the case. According to the National Highway Traffic Safety Administration (NHTSA), nearly 10,000 motorists illegally pass school buses every day. Ignoring school bus safety laws can have grave consequences; the NHTSA reports an average of 35 students die in school bus accidents each year. It is against the law for drivers to pass a school bus when its amber or red lights are flashing.

Written by Elizabeth Allen

Fatal Car Accident on J. Turner Butler Causes Traffic Standstill

Wed, 16 Nov 2011 12:39:39 -0500

A woman was recently killed in a car accident traveling westbound on J. Turner Butler Road in Jacksonville, causing traffic on three main thoroughfares to come to a standstill for more than an hour. The accident occurred when another motorist also traveling westbound drifted over from the right lane and hit the woman’s vehicle in the far left lane, causing the car to crash into a concrete barrier wall in the middle of Butler Boulevard and then flip until it came to a stop near the center median. The woman died at the scene. The driver causing the accident, and a small child who was also in the car, were taken to Shands Jacksonville Medical Center with non-threatening injuries.

Although the cause of the accident was not reported, distracted driving may have played a role. Distracted driving is any non-driving activity, such talking on a cell phone, texting, eating, or reading while driving. According to the National Highway Transportation Safety Association (NHTSA), 20 percent of injury crashes in 2009 involved distracted driving. Texting is particularly dangerous, because it usually involves taking your eyes off the road, taking your hands off the wheel, and taking your mind off of what you are doing, according to the NHTSA.

In addition, the area where the crash happened, on J. Turner Butler westbound near Belfort Road, is a particularly dangerous stretch where numerous accidents occur. The combination of fast speeds, incoming traffic from Belfort Road, and road construction, requires that drivers pay close attention and avoid distractions.

Written by Elizabeth Allen

Jacksonville Company Faces Stiff Penalties Following Employee’s Death

Wed, 09 Nov 2011 14:24:11 -0500

The Occupational Safety and Health Administration is fining a local Jacksonville company more than $200,000 after an employee was electrocuted on the job. The accident happened on Jacksonville’s west side when the worker was unloading steel from a tractor-trailer and struck some nearby power lines.

According to the Occupational Safety and Health Administration, the company knew about the dangers of unloading near power lines, but did not take the necessary precautions to prevent the accident. One violation related to the worker’s death included preventing the cable lifting the steel from coming in contact with the power lines. Other violations included exposed wiring, improper employee training and improper inspections.

In Florida, workers compensation death benefits are extremely limited. Workers compensation insurance covers any on the job injury regardless of who was at fault for causing it. However, an employer is only responsible for paying the limited workers compensation benefits and cannot be sued for negligence. Because of this, it is important to investigate whether a company other than the employer may be at fault for the causing the workplace accident. The Lawrence Law Group can help you determine if someone other than the employer was at fault. If so, you may have a personal injury claim in addition to a workers compensation claim. Since the Lawrence Law Group handles both types of cases, we are able to pursue the two claims at the same time to get you the compensation you deserve. If the case involves a fatality, our attorneys have the expertise to pursue a wrongful death claim as well.

Written by Elizabeth Allen

Jacksonville Transit Authority Bus Kills Passenger

Fri, 28 Oct 2011 15:41:07 -0500

Yesterday, a Jacksonville Transit Authority bus struck and killed a man shortly after he disembarked. After the man exited the bus, the driver accelerated before returning the wheels to a straight position. Because the wheels were turned sharply to the right, the bus lurched forward to the right. As a result, the bus ran into the passenger, a fence, two signs and a tree. The man was taken to Shands Jacksonville Medical Center, where he was pronounced dead.

According to Jacksonville Transit Authority records, the bus driver had four previous accidents while on the job. After the first accident in 2001, the driver received a reprimand and a seven-day suspension. She also had to undergo remedial training twice, once after a passenger was hit by the bus' wheelchair ramp, and again after hitting a pole at the Jacksonville Naval Air Station. The driver is currently on administrative leave while the Jacksonville Sherriff’s Office and JTA investigate the accident. With so many accidents, we have to wonder why this driver was still on the road.

The City of Jacksonville and the Jacksonville Transportation Authority are entitled to limited sovereign immunity. The doctrine of sovereign immunity stems from centuries old legal principle that the government (or king) should be immune from suit. The Florida Legislature enacted a limited exception allowing for suit against the state and its municipalities in an amount not to exceed $100,000 per person and $200,000.00 in the aggregate. In some intstances, a claims bill can be brought to the Florida Legislature seeking additional funds.

Despite the low levels of these caps, we have sucessfully sued Florida municipalities, including the City of Jacksonville for, among other things: causing automobile accidents, failing to maintain roadways and for premises liability.

Written by Elizabeth Allen