Walt's Blog

My First Jury Trial – “You Want Me to Try That Case?”

Years ago when I was a new attorney at a relatively large Tampa personal injury firm, the partners decided that it was time I expanded my courtroom experience to an actual jury trial on an injury case.

Excited, yet nervous, I inquired about the case they had in mind. They kind of smirked and said, “It’s the kind of case even a new trial lawyer can’t screw up.”

Intrigued and relieved, I asked for more information about this great car crash case that was a slam-dunk.

On a rainy evening our client was driving up a wet US 19 in the middle of 3 lanes right behind another car. Traffic was steady even though it was about 9 p.m. Both my client and the driver ahead of him were cruising at the speed limit of 55 mph. Continue reading

Posted in attorney, lawyer, Palm Harbor | Leave a comment

Why Should I Settle My Injury Case?

Many people who suffer a serious injury are reluctant to hire an injury attorney because “I don’t want to end up in court.” In reality, very few cases end up in front of a jury. Most claims settle long before then.

The real reason to settle an injury claim rather than trying it in front of a jury trial is summed up in two words: reducing risk. As you sit there waiting for 6 jurors to return their verdict, you will get full value of your case. You may not like the value a jury puts on your case, but you’ve run the gamut and you’re about to find out what your peers think about you and your injuries. That’s a 100% return of some unknown value.

Anytime a case is settled short of a jury trial, there is a reduction in risk, but in exchange for that, there is also a discount to the 100% return of the case since a jury didn’t decide it. When we settle a case “in demand” and without filing suit (about 65% of the time), a client might not net as much as if he litigated the claim, but the trade-off can be tremendous. You might get close to full value, you’ll have a lesser percentage attorney’s fee, no court costs and a much quicker settlement. Some cases in litigation can drag on for years and cases generally don’t get better with age, they can go stale. Continue reading

Posted in attorney, law, lawyer | Leave a comment

If Texting and Driving Doesn’t Get You Killed, It Will Get You A Ticket

Believe it or not, Florida is one of only five states in the country not to legally ban texting and driving. That may be coming to an end very soon. Recently the Florida Senate voted 36-0 to ban this nasty activity that has killed as many as 11 teenagers a day in this country.  A unanimous vote in Tallahassee is about as unlikely as a teenager without a smart phone. So this is sailing through the Legislature with no resistance.

Next, the bill will be sent to the House for their vote and most everyone agrees that it will pass this body as well. And Governor Rick Scott has already stated that he will sign the bill into law. So, 2013 most likely will be the year when Florida got the memo and attempted to stem the tide of texting and driving. So, what’s in the bill? Continue reading

Posted in law, News, Story | Tagged | Leave a comment

Let’s Talk Car Insurance! “Zzzzzzzz….(snore)…….”

This might be the most important thing you read today, but it may also be the most boring.

Nobody likes to discuss car insurance, so I’ll keep it short. You need UM/UIM car insurance on your policy! It could save you and your family…

Let me explain: So many people in Florida think they have “full coverage”. That phrase is so misused it has almost no meaning. When you buy car insurance you’re actually buying about five different types of insurance. “PIP” –  will pay your medical bills if you’re injured in a car crash. “Bodily Injury” – if you’re at fault and the other driver is injured, this will protect you financially from a claim. “Collision” – will pay for car repairs. “Medical payments” – will pay for more medical bills than just PIP. And “Uninsured Motorist Coverage” – without question UM is critical coverage to get, yet it is the most optional.

Figure that out! The most important insurance to cover you and your family is also pretty easy to waive. And many families do waive the coverage to save some money. Do not assume you have it. Go check.

UM will cover you and your family financially in the event you are in a car crash, you suffer a permanent injury AND the other at-fault driver has no car insurance. Working in the area of personal injury for more than twenty years, I cannot tell you how many clients I’ve had to turn down because the person who crashed into them did not have any insurance at all, and my client didn’t have any UM coverage as backup.

“But I have to have car insurance, why don’t they?” Florida can be a very transient state with people moving into and out of areas pretty quickly and it’s easy to trick the DMV when someone buys a policy of car insurance to register their car and then they just fail to make any additional payments. Then they crash into you and leave you holding the bag full of injuries and damages.

Another good thing UM can do: If the other driver did have a policy of car insurance but it wasn’t enough to fully cover your damages and injuries, your UM might pay you benefits over and above what the other company has paid you. That’s UIM – Underinsured Motorist coverage.

In a time when medical costs continue to escalate, when most working people are two or three paychecks away from being broke and when a personal injury might keep you out of work for weeks or months on end, I think you can now see just how important UM/UIM insurance is.

That wasn’t too painful, was it? Now go check your car insurance policy……..I’ll wait……..

Posted in attorney, Car Insurance | Tagged | Leave a comment

How To Be Your Own Best Advocate in Personal Injury Cases

When a client asks if there’s anything they can do to assist me with their personal injury claim, the answer is always, absolutely.

First, when an injured client isn’t feeling well, it’s easy to become forgetful, easily distracted and lose mental acuity. It may help to print out these simple steps to ensure that you’re doing as much as you can to help yourself out medically as well as to enhance your legal claim.

  • Always, always keep your doctor appointments. Failure to timely treat will delay your recuperation and great lapses in treatment can look as if you’re not truly injured. “How bad can your client’s injury be if he cancelled half his treatments and didn’t treat at all for two months?” This can be devastating to a claim;
  • Don’t be afraid to complain about your level of pain and/or discomfort. Some clients, men in particular, don’t want to sound like they’re “whining” and tend to downplay their aches and pains. This sometimes gets translated into “Patient states he’s doing great!” in a doctor’s charts. Well, for that day maybe, but make sure your doctor knows about last Saturday when you spent the day on the couch after mowing your lawn and aggravating your low back;
  • Along those lines, probably the most helpful advice is to document your disabilities in a weekly journal. At some point, you will feel somewhat better as you continue to treatment.  When your lawyer asks you six months from now how this injury has affected your daily routine, you may not recall some of the ways this complicated your life, even temporarily. If you write it down every Friday evening how you progressed during the week, there won’t be any question down the road. Some memorable entries from past clients include: “I had to throw out all of my lace shoes since I couldn’t bend down to tie them. I had to buy all loafers.”  Another client wrote: “I cannot leave for work until I have drained the hot water tank in the shower. It takes all the hot water in my house to make me mobile.”
  • When documenting your disabilities think about three very important aspects of your life: Your home life, your work life and your recreations.  If you have to heavily rely on your spouse to do things you used to do around the house, that’s important.  You now have to take a break every 20 minutes at work or else your neck goes into spasm. That’s important. You used to belong to a bowling league every Friday night but now you must rest up from the week on a Friday and had to quit. All of these things are relevant, related and make you, you. It is the things insurance adjusters remember and can relate to. You are an individual, not just a claim number;
  • It’s important that you update your attorney at every new turn. If one doctor refers you to another, don’t assume that we will find out. Contact your lawyer to advise so that we can be one step ahead and contact him or her;
  • Finally, keep an updated list of your out-of-pocket expenses. Keep a list of it all, prescription costs for even over-the-counter pain relievers, mileage to and from all physicians’ offices, co-pays for visits, time missed from work. It all adds up and will be presented as a medical special at the end of the case for reimbursement. While it doesn’t necessarily add up dollar-for-dollar, it is an element of your financial damages.

If you keep these in mind, you will greatly assist yourself, your physicians and your attorney, and your case by extension.  It all sounds like common senses, I know, but when clients aren’t feeling like themselves, it helps to have some linear and logical guidance.  Good luck, and good health!

Posted in attorney, law, lawyer, personal injury | Leave a comment

In Defense of Personal Injury Attorneys Everywhere!

Maybe I’m a little sensitive lately. Last week a favorite political blogger of mine referred to a politician’s television address and described him “as sweaty as a personal injury lawyer.”  I was offended. It wasn’t funny. It doesn’t even make any sense.

I know the indictment of the profession and am familiar with all the derogatory terms that won’t be regaled here for those who delight in lawyer-bashing. Suffice it to say, “ambulance chaser” sums it up.  Some of my colleagues make light of this and reply with, “No, we beat the ambulance!!” Yuk, yuk. Bad answer – this just plays into the stereotype.

Really good personal injury lawyers are a paradoxical mixture of empathy and swagger. You must like people and take an interest in their lives. You must get to know their family and learn about their jobs, their recreations and truly understand how this serious injury has turned their world upside down. And make no mistake, a serious injury does affect the whole family – sometimes for years.

Continue reading

Posted in attorney, law, lawyer, personal injury | Leave a comment

“I Didn’t Cause the Crash, But I Got The Ticket! Do I Still Have a Case If I’m Injured?”

It happens every once in a while: A client involved in a bad car crash through no fault of his or her own and is handed a citation for causing the collision by a deputy or trooper.

It happens every once in a while: A client involved in a bad car crash through no fault of his or her own and is handed a citation for causing the collision by a deputy or trooper.

Maybe you were taken away to the hospital by ambulance because of your injuries and you weren’t able to give your side of the story to the police regarding liability; maybe the investigating officer just didn’t believe you against the two other people in the other car who corroborated their story.

This is a predicament lawyers everywhere have experienced.  Investigative policing agencies aren’t infallible and are often underpaid and overworked. The result can sometimes be snap judgments in assessing liability that are frankly, wrong.

Continue reading

Posted in attorney, lawyer | Leave a comment

Harleys and Gas Station Injuries.

I recently signed up a new client who was filling up his Harley at a local gas station. Little did he know that the gas pump handle was broken. The “float” that tells the handle when to cut off the flow of gas wasn’t working. Someone had even been out to fix it two days earlier, but that wasn’t known to my client.

Most Harley gas tanks are on top of the bike. This means he was filling up the tank much higher than on a car, and the gas tank entry was pointed straight up.

Well, you know what’s coming: the tank filled, the float failed, gas continued flowing and sprayed up directly into “Jim’s” face. It saturated his body within seconds. Because he was in full biker gear, he was wearing a chamois which is meant to collect sweat. Now, he was essentially wearing a diaper filled with toxic, burning gasoline.

Continue reading

Posted in attorney, law, Story | Leave a comment

The BP Oil Spill and You. No, really, YOU!

I have a Palm Harbor client whose retail business was shattered after the BP Oil spill of April, 2010. Her business is dependent upon “disposable dollars”, that is, that money that is spent for fun by her clients.

Here on the Gulf Coast many of her reliable Palm Harbor area clients stopped using her services in the summer and fall months of 2010 when she is usually her busiest. Why? She asked them. Their answer was almost universal: “Our business has suffered financially since the BP Oil spill. Our client base isn’t spending money”, or “My company isn’t offering overtime since we’re so slow and I cannot afford your services. The tourists haven’t come due to the oil spill.”

It almost doesn’t matter what business my client was in, the BP Oil spill stopped a lot of businesses dead in their tracks. Retail, travel services, restaurants, recreational expenditures, even attorney and dental services suffered because the common denominator is discretionary spending. If it wasn’t an expense necessary to keep food on the table and a roof overhead, many Palm Harbor, Dunedin and other Gulf Coast residents just stopped spending while the tourist industry avoided the Gulf Coast thinking we were knee deep in oily residue on our beaches.

Continue reading

Posted in attorney, lawyer | Tagged | Leave a comment

Pinellas Recognizes Domestic Registry – I’m Offering Price Reduction on Powers of Attorney

As was reported in the Tampa Bay Times this week, our County Commission has finally granted unmarried couples – same sex and straight – legal recognition through our County’s registry. This follows three local cities that have already adopted this: Gulfport, St. Petersburg and Clearwater.

I applaud our Commission for doing this. It’s a good start. Legally and ethically it is the right thing to do and will ensure couples access to each other in case of hospitalizations along with other benefits.

However, as the article states, the more encompassing document that same sex couples need is a Power of Attorney. A strong Power of Attorney is a totally comprehensive medical, legal and financial document that allows your loved one to act in your place if there is a need. The couple cited in the article linked above paid $1,600 for mutual Powers of Attorney.

As a celebration of this legal civil rights recognition, I am offering any same sex couple residing in Pinellas County a mutual set of Powers of Attorney for $50. Not $1,600. No strings attached. No hidden costs or fees. I may get a handful of takers, I may get dozens. No matter. It’s not meant to make money; it is meant to assist same sex couples who are still routinely hassled over the course of their relationship because they are not married, cannot get married and find themselves at the mercy of legal, medical and financial system. This will help. I promise.

If interested, please contact me through my e-mail: walt@glb-law.com. Please read the not-so-fine print below. And feel free to share this offer with other couples.

This offer is good until Valentine’s Day, Thursday, February 14th, 2013. It is valid for same sex couples residing in Pinellas County, Florida. This offer has been pre-approved by the Florida Bar. 

Posted in attorney, lawyer, New Port Richey, Palm Harbor | Tagged | Leave a comment