June 30, 2021 | Legal Alerts

PIP Repeal Bill Vetoed By Governor DeSantis

Governor Ron DeSantis vetoed CS/CS/SB 54 “An act relating to Motor Vehicle Insurance” late Tuesday Evening.  The Bill, which sought to repeal the over 40 year old No-Fault system, was the subject of much criticism since its April 30, 2021 passage.   The bill was presented to the Governor June 28, 2021 and his veto followed shortly thereafter.  The Governor withheld his approval of the Bill, noting the bill did not adequately address the current issues Florida drivers. 

Click here to read more.

June 23, 2021 | Legal Alerts

Targeted Advertising to Consumers and Its Impact on Potential Jury Pools

Targeted advertising to consumers is one of the most common methods companies use to sell their products and services and/or influence how consumers perceive company values. Consumers are shown ads based on their location, demographics, previous buying history, search engine history, or inferred interests. Many social media networks can easily find a consumer’s information and provide that information to companies who want to place strategic ads that consumers might engage with or be influenced by. These targeted advertisements may do more than just encourage a consumer to buy a product. Many companies that are currently involved in lawsuits also use targeted advertising. The question then becomes, can targeted advertising used by a company impact how a potential jury pool views the company’s values and products before trial?

June 15, 2021 | Legal Alerts

Retraining and Education Under Workers’ Compensation

If you thought that Retraining Benefits were a thing of the past, think again. Retraining benefits is a viable claim that claimants may seek due to the changing economy. Essentially, the purpose of retraining benefits is to help a claimant return to work, although in a different line of work, and receive indemnity benefits from the Carrier, while undergoing short-term training.

May 24, 2021 | COVID-19, Legal Alerts, Newsletters - 2021

How the Passage of the COVID-19 Liability Protection Bill Affects Florida Businesses

COVID-19 has affected the state of Florida, and the entire United States, in ways that were previously unfathomable. The virus has taken a catastrophic toll on the population as well as the economy. While many industries are struggling to recover, the risk of opportunistic insurance claims and lawsuits as a result of the pandemic is on the rise. The financial threat these lawsuits pose to the business community, large and small, is incalculable. Multiple plaintiffs have already filed lawsuits in hopes of compensation for a variety of reasons, including relatives of deceased family members seeking compensation for their loved ones’ deaths and businesses filing suits against insurance carriers that have denied business interruption claims. New state legislation passed on March 29, 2021 grants liability protection against COVID-19 related injury and death lawsuits to Florida businesses and educational, governmental, and religious institutions – all of which are attempting to recover from the devastating effects of the pandemic.

May 10, 2021 | Legal Alerts

Burden of Proof for Temporary Partial Disability Benefits

Where a claimant has work restrictions and no earnings, she only needs to prove a causal connection between the injury and the loss of income.  Specifically, a claimant can meet her prima facie entitlement to TPD benefits by demonstrating that she is unable to successfully perform the tasks of her pre-injury job which directly resulted in a cessation of the performance of that employment and a reduction of her income below 80% of her AWW.  See Wyeth/Phama Field Sales v. Toscano, 40 So.3d 795 (Fla. 1st DCA 2010).  The court has laid out a three part test; the claimant needs only to show (1) that she is not a maximum medical improvement, (2) that she has restrictions which prohibit her pre-injury employment and (3) that she has a reduction of income below 80% of her AWW.