Harrell and Harrell's Personal Injury law blog

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Posts Tagged north Florida

Auto Insurance – Do you have the right coverage?

Nov 1

Posted by admin in Auto Accidents, Car Accidents, Personal Injury, Truck Accidents, Wrongful Death | 1 Comment

Most people have no idea what kind of insurance they have until AFTER they get into an auto accident. Every state is different when it comes to required coverages for your automobile. Florida is considered a “NO-Fault” state because of our required coverage or lack thereof. People call us all day long and tell me until they are blue in the face that they have full coverage. The definition of full coverage varies greatly from caller to caller. Have you ever heard the saying – you can never have enough insurance? What kind of insurance should you have?

The answer to that question also varies tremendously. In my opinion, the most important coverage you can carry in Florida is UM or under/uninsured motorist coverage. How do you know if you carry any or enough of this coverage? Find out BEFORE you have a car accident. Call your insurance company or agent to have them clearly explain to you what  type of coverage you have and then ask them what you don’t have. Run through different scenarios in your head to double check that you have not just the state mandated coverage but the coverage to give you and your family peace of mind in the event of an auto accident related injury. If you need some help, give us a call. I’m pretty sure I’ve heard almost every possible scenario you could dream up.

www.harrellandharrell.com

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Summer’s last hurrah

Sep 1

Posted by admin in Community Service, Personal Injury | Comments off

Well, summer has come and gone for another year – ALMOST!! We still have Labor Day weekend to survive and part of me really does mean survive. Not only surviving entertaining our kids’ insatiable needs for non-stop action but surviving the roads and waterways of North Florida this weekend. Lots of people will be making that last trip to the beach, last venture in the boat either fishing, skiing, sunning or sailing, quick vacation down to see Mickey and friends or whatever else they can sneak in before we officially close the book on summer. Our family will be doing the same scheduled in between the other obligatory functions like horse show and swim practice.

It all adds up for lots of potential fun and fellowship with friends and family. Don’t forget to keep safety in the forefront of your mind. Safety for yourself, family friends and others. Slow down, look twice, be patient, don’t drink and drive – all those terms come to mind!

Enjoy your weekend, be safe and here’s to another fun filled summer in the books. Best part about summer ending – football starts!!

www.harrellandharrell.com

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Social Security Update – Jacksonville area

Jun 29

Posted by admin in Disability Denial, Social Security Denial | Comments off

Our lead Social Security  attorney, Mark Papa, just got out of a meeting with the Chief Administrative Law Judge (ALJ) of the Jacksonville, FL Social Security hearing office. Here’s Mark’s summary of that meeting.

The Jacksonville Hearing Office is receiving 600 new cases per month (which, according to the Chief ALJ, means they are trying to adjudicate at least 600 cases a month, with our without a hearing);

The Jacksonville Hearing Office has 6,400 active cases currently (down from almost 12,000 active cases just 10 years ago, or so);

It is taking approximately 12 months, give or take, to have a hearing scheduled from the time that a claim is received in their office (i.e. after a Request for Hearing is filed);

The Federal fiscal year ends September 30, 2011 and right now, no one knows what Social Security’s budget will be,  The rate at which the claims are processed and heard is directly related to staffing (both support staff and ALJs) at the hearing office, which is directly related to the budget. 

Currently there are 13 ALJs housed at the Jacksonville Hearing Office.

If your claim was filed in Daytona Beach, Deland, Gainesville, Jacksonville, Lake City, Palatka, or St. Augustine, your claim will be heard by a Jacksonville ALJ. 

If we can help you or someone you know answer questions about Social Security or represent you if you are denied, please get in contact with us right away.

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Water Safety

Mar 29

Posted by admin in Personal Injury | Comments off

Spring is officially here and the warmer weather has come with it (except for this week)! My kids have been in the pool a lot already and the pool time will only increase from here.

Since I’ve worked in the personal injury business for years, I am usually very focused on safety around my home and while we are out and about BUT it only takes an instant of inattention for something bad to happen. Reeducate yourself on what you should do in the event of water-related accident. Make sure your entire household knows that safety is a team effort. Ensure any safety-related equipment is in good working order. It may have been months since you last laid eyes on that life ring/preserver.

If there is any question about whether something is working properly, get it checked out by a professional.

Here’s to a safe and enjoyable spring/summer season. Get out and enjoy the outdoors with friends and family but BE SAFE!

www.harrellandharrell.com

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Heater Safety

Dec 13

Posted by admin in Community Service, Personal Injury, Wrongful Death | Comments off

Even if you haven’t been outside yet today, you probably have realized that winter cold has arrived in earnest. With temperatures expected to fall quickly below freezing shortly after sunset and bottom out in the teens possibly, everyone’s desire for warmth will be priority number one.

For those of you that supplement  your heat in your home with portable electric heaters, please be careful in their use.

Here’s some info from the CPSC on the setup and use of portable heaters thst should help in the prevention of injury or wrongful death.

Portable Electric Heaters

The Commission estimates that half the deaths and one-third of the injuries resulting from electric heater fires occurred at night when family members were asleep and the heater unattended. The Commission is also concerned about the use of power or extension cords which can be too small to supply the amount of current required by the typical portable electric heater.

You should be able to respond “yes” to the following safety statements.

    Yes No
1. The heater is operated at least three feet away from upholstered furniture, drapes, bedding and other combustible materials. ___ ___
2. The extension cord (if used) is marked #14 or #12 American Wire Gauge (AWG). ___ ___
3. The heater is used on the floor. ___ ___
4. The heater is turned off when family members leave the house or are sleeping. ___ ___

Recommendations:

  • Operate heater away from combustible materials. Do not place heaters where towels or the like could fall on the appliance and trigger a fire.
  • Avoid using extension cords unless absolutely necessary. If you must use an extension cord with your electric heater, make sure it is marked with a power rating at least as high as that of the heater itself. Keep the cord stretched out. Do not permit the cord to become buried under carpeting or rugs. Do not place anything on top of the cord.
  • Never place heaters on cabinets, tables, furniture or the like. Never use heaters to dry wearing apparel or shoes.

Stay warm tonight and stay safe. Don’t forget to check on neighbors, pets and plants.

www.harrellandharrell.com

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Social Security Disability bonus on the way?

Oct 19

Posted by admin in Social Security Denial | Comments off

For the second year in a row, there will be no Cost-of-Living Adjustment (COLA) to monthly Social Security and/or Supplemental Security Income Benefits.  This means monthly Social Security and/or Supplemental Security Income benefits will remain the same for 2011.                

Social Security and SSI benefits increase automatically each year if there is an increase in the Bureau of Labor Statistics’ Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W).  Bureau of Labor Statistics data determined there was no increase in the CPI-W. 

To make up for no COLA, there is a push in Congress to give Social Security recipients a one-time payment of $250.  We’ll let you know if this passes.

Give us a call if we can answer your social security questions. Our social security lawyers are standing by and ready to speak with you.

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Social Security benefits and Unemployment

Sep 28

Posted by admin in Social Security Denial | 2 Comments

How do these two topics relate to each other? Here’s a summary by our attorney Mark Papa of a memo sent to all the Social Security Administartive Law Judges from their boss:

An August 9, 2010 memorandum from the Chief Administrative Law Judge to all Administrative Law Judges (ALJ) titled Receipt of Unemployment Insurance Benefits by Claimant Applying for Disability Benefits-REMINDER reiterates the following: 

  • Receipt of unemployment benefits does not preclude receipt of Social Security disability benefits.
  • Receipt of unemployment benefits is only one of many factors that must be considered in determining whether the claimant is disabled.
  • A claim for Social Security disability benefits can be consistent with a claim and/or receipt of unemployment benefits.
  • Because of the uncertainty regarding whether a claimant will be found disabled under the Social Security Act and because the decision can be lengthy, “it is SSA’s position that individuals need not choose between applying for unemployment insurance and Social Security disability benefits.”

Again, an application for or the receipt of unemployment benefits is evidence that an ALJ will consider in deciding an SSD claim.  This memorandum instructs ALJs to “look at the totality of the circumstances in determining the significance of the application for unemployment benefits and related efforts to obtain employment.” 

Please contact Harrell and Harrell, PA to discuss this and any other issues you may have with your Social Security Disability and/or Supplemental Security Income claim.

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Rampant abuse in nursing home

Jul 16

Posted by admin in Elderly Exploitation, Nursing Home Incidents, Personal Injury, Wrongful Death | Comments off

State authorities are closing a Jacksonville nursing home because of abusive conditions – a measure so rare that local authorities can’t remember it ever happening here.  This facility is one in which a known sex offender raped a comatose woman and inspection reports back to at least 2008 document out-of-control patients who became violent.  One recent AHCA report resulted in 257 deficiencies. But the final straw came during a February investigation, when it found some residents were hitting other residents, falling repeatedly and attempting to escape, including one resident that got as far as St. Johns County and another that attempted to climb the exterior fence. 

It is saddening and truly unfortunate to hear that such extraordinary measures are being taken to stop the ongoing abuse and neglect in a Jacksonville nursing home.  As a community, we need to work harder to immediately hold nursing homes responsible when there has been abuse or neglect.  It is often, sadly, the most vulnerable, that need our protection.  If you feel a loved one has been the victim of abuse or neglect in this or any other nursing home, please contact us…

www.harrellandharrell.com

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Swimming Pool Safety

May 5

Posted by admin in Personal Injury, Wrongful Death | Comments off

I thought about this topic as I was cleaning the out the filters and skimmer in my pool early this morning.

How much thought do you put into swimming pool safety this time of year?

With a house full of little swimmers, it is constantly on my mind. With temperatures starting to climb into the 90′s here in Jacksonville, FL the pool temperature is steadily going up. My kids think it is because daddy has the heater running (little do they know) but that is for another article.

It only takes a moment for a child or adult to drown in even the slightest bit of water. We should all make sure our pool safety fences are in good condition and that the self-locking mechanism device on the gate  is operating properly. For those of you that have doors and windows equipped with alarms – check to see if they work just like you would for your smoke detector. You don’t want to find out after a swimming pool accident that it could have been easily avoided. Next, it’s time to consider swimming lessons for the little ones that have not developed gills yet. There are plenty of options out there from private to group lessons.

As far as the pool itself goes, you should have a qualified expert like your local pool company come out and  make sure your safety devices such as the pressure relief valve on the drains are working. Who knows what kind of creature could have called your pool equipment home over the winter months.

There are many other things to consider but one of the most important is to not swim alone or let a non-swimmer have access to your pool without qualified supervision. We have all heard horrific stories of how fast a drowning can occur – Don’t let it happen on your watch or in your pool!

www.harrellandharrell.com

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Want lower auto insurance premiums?

Apr 8

Posted by admin in Auto Accidents, Personal Injury | 1 Comment

UPDATE – Looks like this might have been stopped through a “point of order” but I’m guessing they’ll find a way to get it back on the table. Stay tuned!
 
Yesterday, the Florida Senate Banking and Insurance Committee  amended a proposed sinkhole coverage bill to amend your no fault auto or PIP coverage. PIP coverage currently provides, without regard to fault, medical and lost wage benefits to all drivers in Florida who are injured in auto accidents.   The amendment allows auto insurance companies to offer “preferred provider” coverage for a premium discount. Sounds good.  We all would like lower insurance premiums but at what price otherwise? 
 
Who will pick the medical providers, the insurance company?  Sounds like our wonderful workers’ compensation laws. Have you ever had to see a work comp approved doctor? All the horror stories I hear can’t all be wrong. So for a decreased premium, you get an insurance company approved doctor who says no medical treatment is necessary or only limited treatment is necessary.  Who do you want picking your treating doctor… You, or your insurance company???? I vote to keep my choices as my choices.
 
The law today is that you can go to any medical professional you want for treatment and for a reduced premium ( yet to be defined)… you will give up that right and will be limited to whomever your insurance company says is a preferred provider. The insurance companies question lawyers about who they send their clients to for treatment which in some cases I understand but they shouldn’t be allowed to have it their way, using their doctors, and not be questioned themselves. 
 
Thanks to attorney Don Black for bringing this to my attention.
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