Can Legislation Change Who is at Fault?

Can Legislation Change Who is at Fault?

Florida’s “no-fault” insurance system has created a monster in the Sunshine State. Florida remains one of the states with the highest rate of claims fraud clogging the court system. At the same time, Florida motorists are rated #4 for the highest insurance premiums in the nation. One of the reasons for this problem is a mandatory $10,000 PIP, or the personal injury protection clause required by the state. Currently there is legislation proposed that eliminates the $10,000 PIP in Florida.

While eliminating the PIP in Florida is a good first step, the problem of claims fraud is much more complicated than that. Florida has been known as a state where the jury can get carried away with assigning widely inappropriate awards to people who have questionable injury claims. In addition, the question of whether the injury is just a soft tissue issue, an aggravation of a previously existing condition, or an actual “disk” injury is beyond the scope of a normal jury, and they should not be the ones who have to determine what type of injury it is.

Florida HB 1063 and SB 1766 seeks to repeal the mandatory $10,000 PIP and replace it with
a required minimum $25,000 liability coverage for bodily injury or death ($50,000 liability coverage for bodily injury for 2 people). Under the current state regulations, bodily injury is not required. HG 1063 and SB 1766 seeks to change that beginning in 2018. TThe Florida Office of Insurance Regulations estimates that this change would save the average Floridian $81 per vehicle.

Eliminating PIP would mean that there is one less type of insurance coverage that is prone to fraud. However, critics argue that that would just push the problem onto uninsured motorists. To be truly effective, the solution to reducing claims fraud in Florida would have to do more than just eliminate PIP. Although these specific issues are based in Florida, a personal injury attorney in Portland will be more than qualified to handle these specific circumstances.

Criminal Defense

I’m considered one, if not the best criminal attorney in Monroe. I pride myself on working hard for my clients, always promptly returning phone calls and answering e-mails and keeping my clients fully informed on his or her case.

My experience includes well over 200 felony jury trials, over 10 capital murder cases, and over 1,000 contested divorce cases, modifications and child custody cases. My experience in the Criminal Justice system began as a police officer (graduated number 1 in my class). Then my experience continued as a Deputy Sheriff and an Assistant State Attorney (Prosecutor). This experience has laid the foundation for my successful Criminal Defense practice where I aggressively defend my clients through all phases of the Criminal Justice System. Often, I have been able to present my client’s case to the Office of the State Attorney in such a way that they reduce or drop the charges or offer a resolution that is fair to all. In many cases I have convinced juries that my client is NOT GUILTY of the charges that have been leveled against them.

In the Family Law area, it is my goal to help you get through this difficult time with dignity and with the best possible outcome. I will act as a steadfast negotiator, and, if necessary, as an aggressive litigator. I will spend however much time with you as in necessary so that you understand the issues involved in your specific situation so that you comfortable with the process.

My areas of expertise include:

Criminal Defense

    • Murder, Manslaughter
    • Homicide, Vehicular Homicide
    • Drunk Driving Defense, DUI, DWLS
    • Drug & Narcotics Offenses: Drug Possession, Sale, Delivery, Purchasing and Drug Trafficking
    • Juvenile Delinquency, Juvenile Offenses
    • Burglary, Petty and Grand Theft, Robbery
    • Shoplifting

Family Law

    • Divorce (Dissolution of Marriage): contested, uncontested and collaborative
    • Alimony & Spousal Support, Visitation
    • Child Support
    • Domestic Violence Proceedings
    • Military Divorces
    • Custody: Modification of Existing Support, Custody and Visitation Orders
    • Restraining Orders, Injunctions

I offer a Free Consultation on all criminal cases and have a $100 consultation fee for family law cases. I welcome your call…

Family Law Attorneys

Divorce is stressful enough when issues can be resolved amicably, but when litigation is involved, it can be trying. I contacted civilian lawyers specializing in military law near me that also help people resolve divorce disputes through mediation and negotiated settlement. As experienced trial lawyers, we know how to effectively present child custody, child support, and property division matters to the court. However, we believe that it is better to have our clients make the decisions that will affect their lives, rather than a court of law.

Experienced Family Law Attorneys

Whether we are handling a contested divorce or an uncontested divorce, we recognize that our clients are going through a trying time. Emotions are high and even the slightest disagreement between a couple can create a downward spiral that results in divorce litigation. Our attorneys are dedicated to creating the conditions necessary to work through complex divorce disputes and strive to create a pleasant environment, where our clients feel comfortable discussing the issues related to their divorce.

More than serving as our client’s lawyers, we strive to build on-going relationships, as many family law issues begin prior to a divorce and may continue on long after a divorce is final. Our attorneys place the same emphasis on paternity, step-parent adoptions, and post-divorce modification of child custody and child support matters as we do on divorce issues. We recognize that these issues can be equally stressful and are therefore dedicated to helping people work effectively through these matters.

Contact our Skilled Family Law Attorneys

If you are considering divorce or have a question about any other family law matter, please contact our attorneys.