Blog - CGWC

Senate Bill 50A went into effect in 2003. Most folks haven't heard of it and probably don't know what it means. But this law has done more to harm the access of injured Florida workers to the worker's compensation system, worker's compensation benefits, wages, and adequate health care than all the many bills and laws enacted over the past 20 years. Most of these laws have had the effect of further restricting the rights of workers, under the guise of reducing insurance premiums of their employers. This bill has given insurance companies free reign to destroy the lives of injured workers in Florida. It so severely restricts attorneys' fees for worker's compensation claimants that many lawyers won't take worker's compensation cases due to caps on their fees. Meanwhile, there are no caps at all on the fees that can be paid to the insurance companies' lawyers.

Emma Murray, injured on the job in 2003, has asked the Supreme Court of Florida to find the law unconstitutional. Her attorney worked on her case for about 85 hours and was warded only about $ 8.00 per hour under the new law. This law is unfair because it allows the foxes to guard the henhouse. The insurance companies, as a practical matter, hold the keys to the worker's compensation system. The Supreme Court of Florida recently heard oral arguments in Emma's case, and others are pending. CGWC hopes that the Supreme Court strikes down this manifestly unjust and unconstitutional law and give Florida workers' a more level playing field in the workers' compensation system. If you have been injured on the job, call CGWC for a free consultation.

The worst nightmare of most drivers and occupants is a head-on collision. Head-on collisions are not only terrifying to envision, but they are, in fact, extremely deadly. Avoid head-on collisions by following some general principles.

• Pay attention.
  
• Think before you react when faced with highway situations. Remember, you're often traveling at hundreds of feet per second. React wrongly, and it could be fatal.
  
• Anticipate potential situations, particularly at curves and at intersections.
  
• Avoid distractions like talking on the phone and jamming to music.
  
• Look far down the road so you can see oncoming automobiles and trucks long before they can be a problem.
  
• Watch for erratic behavior of other drivers and pay special attention to them.
  
• Use headlights or day driving lights.
  
• Don't hug the centerline.

If despite your best efforts, a last second collision is unavoidable, be sure to veer right, not left. Whether it's the oncoming motor vehicle, or a stationary object off the road, do your best to strike with a side collision or glancing collision, rather than head-on. If you or a loved one has been involved in an automobile accident or, worse, if you have lost a loved one in a head-on automobile accident, know your legal rights. For a free consultation, call CGWC.

Two recent federal reports on hospital care in America conclude that Florida's hospitals fall below national norms. These two recent federal reports used completely different methods of assessments in reaching these conclusions. The Agency for Healthcare Quality and Research and the Centers for Medicare & Medicaid Services both issued reports recently showing that hospitals in Florida lag behind the rest of the nation in quality of care.

According to an article in the Wall Street Journal, more and more nursing home residents are being forced to give up their rights to a jury trial when they sign agreements admitting them to nursing homes. Many nursing home admission agreements now include "arbitration" clauses in which residents waive their right to jury trial against the nursing home in the event they are abused, neglected or victimized by nursing malpractice or some other medical mistake.

The Wall Street Journal says the nursing home companies are benefiting from such agreements. The cost of settling cases has begun dropping, even as claims of neglect, abuse and poor treatment increase. According to a study done last year, the cost to these companies dropped by more than 35% per case from 1999 to 2006. The arbitration approach is not limited to the nursing home industry. Many industries are beginning to write arbitration clauses into their boilerplate contracts in order to cut litigation costs and avoid the judgment of juries.

Be sure you know what you're signing when admitting a relative to a nursing home. Buried in the admission agreement may be an arbitration clause that gives up your loved one's rights, including the right to a jury trial, even if they are recklessly abused or neglected in the nursing home.

You should know that Florida laws governing the rights of parties involved in motorcycle accidents are different from those governing four wheel vehicle accidents. There are different rights and different liabilities. There are vastly different types of insurance policies, coverage, and claims that arise from motorcycle accidents, as well. If you have been injured in a motorcycle accident or, worse, if a loved one has been killed in a motorcycle accident, you should consult with an experienced motorcycle accident attorney. Don't talk to any insurance company until you have an attorney on your side. CGWC offers free consultations regarding motorcycle accident claims.

Most people are not experienced in dealing with attorneys, and the prospect can seem intimidating and daunting. Like any other new experience, having to hire an attorney can be uneasy. It's best to do your research and homework until you have that comfortable feeling in your gut that you've done the right thing.

First, look for the right type of lawyer. The practice of law has evolved over the years, much like the practice of medicine. There are general practice lawyers, and lawyers who focus their practice on specialized areas of law. Choose a lawyer who specializes in your legal problem, if possible. Second, ask friends, family, and others you trust what attorneys they have used and whether they did a good job. There are many online resources available through the internet, such as lawyer and law firm directory services. But make sure you know what you're reading on internet sites. What may at first appear to be a nonprofit informational website or a public service website may actually be an advertisement for a specific law firm, a paid advertisement, or a sponsored link which is a paid advertisement. These internet ads are no different than television, billboard or print advertisements. Don't mistake those advertisements for anything else.

When looking for an attorney for a personal injury or wrongful death, make sure your attorney has a track record of success at trial. Many attorneys who advertise on television or in print media for certain types of cases, do not really perform the work. Instead, they have other attorneys handle the work for them, for a portion of their fee. Sometimes, they refer the cases out to other completely unrelated law firms.

When you talk to your lawyer and his staff, make sure the attorney has experience with your type of legal issue. Contact the Florida Bar and make sure he is in good standing. And check his record for disciplinary actions. Just typing in your attorney's full name into the search bar of your favorite internet search engine will reveal some useful information. Ask your attorney for written information on his qualifications, experience, and track record. If an attorney is reluctant to provide this information, think twice.

If you or a family member or acquaintance has suffered from injury or death of a loved one, visit CGWC's website for information about our attorneys and their experience, as well as our results and track record.