South Florida Personal Injury Lawyer Blog

Thomas & Pearl Adds Criminal Law Division

2012-05-07T21:22:42Z

As announced in yesterday's press release: Over the last forty years, Thomas & Pearl PA has earned a reputation in South Florida as a tough team of injury attorneys who fight fiercely but fairly against insurance companies, employers and anyone else standing in the way of justice for their clients. Now, we'll be doing battle against prosecuting attorneys as well, fighting for the rights of criminal defendants just as tenaciously as they have fought for over twenty thousand injury and accident victims since 1973.

With so many past clients in Miami-Dade, Broward and Palm Beach Counties, we've received many inquiries over the years from people that the firm has fought and won for before, as well as from the broader community; inquiries about how to find a criminal law team as experienced, ethical and effective as the injury law team at Thomas & Pearl. That made this expansion into Criminal Law a much-needed response to market demand, according to our Managing Partner, Jason Pearl:

]]> "For a long time, our clients, friends and neighbors have said they'd like to see us become a full service law firm. And while we've always been and always will be an injury law firm, we're also committed to meeting the changing and growing legal needs of our South Florida community. The trust and faith that so many people have put in our attorneys and the results we've gotten for them - that's exactly what people want in a criminal lawyer. And that's exactly what they'll now be able to get, from Thomas and Pearl's Criminal Defense Department. We welcome Laramie Thompson as our new criminal defense attorney, and we take pride and pleasure in knowing our firm can now represent clients in both personal injury and criminal cases."

Laramie Thompson's addition to the Thomas & Pearl team means that we can now offer representation in all criminal matters - including traffic violations, DUI charges, marijuana and other drug charges, domestic violence - and all other misdemeanors and felonies. He will also be handling Social Security Disability and injury cases for the firm.

A native of Louisville, Kentucky, Laramie's youthful appearance and friendly demeanor only strengthen the hand he has to play on behalf of his clients - and a strong hand it is. He's a litigation specialist who handled all manner of criminal cases as a public defender in Michigan, before moving to Florida and working as litigator in Florida's Office of Criminal Conflict and Civil Regional Counsel. He is very excited about now joining Thomas & Pearl:

"Thomas and Pearl is an outstanding firm, with real integrity and a terrific track record. The lawyers are tough and ethical; they all have a great reputation in legal circles and in the community, and a fantastic support staff working alongside them. I'm proud to be the newest member of the team, and look forward to fighting for the rights of anyone facing criminal charges of any kind, from traffic offense all the way up to serious felony charges."

Should you or anyone you know need the counsel and representation of a terrific criminal litigator with a top flight legal team surrounding him, we ask that you add Laramie Thompson and Thomas & Pearl to the list of South Florida litigators and law firms worthy of your consideration.

Staying Up To Speed With Florida's New PIP Auto Insurance Law

2012-05-05T19:58:15Z

Governor Rick Scott has now signed into law the controversial 2012 Personal Injury Protection (PIP) reform bill, creating a new version of Florida's "No-Fault" motor vehicle insurance system.

Now, we all need to fully understand and start living with the new system, which takes effect on July 1st. It's important to remember that this law and the rules that accompany it will not only impact drivers, but also any and all motor vehicle passengers, bicycle riders or pedestrians who become injury victims of car, SUV, truck or motorcycle accidents.

Interestingly enough, although the PIP bill (HB 119) has only just become law and has not taken effect yet, it is already facing stiff opposition from consumer advocates who say it penalizes accident and injury victims and rewards large insurance companies.

And according to the Palm Beach Post, a Miami lawyer is already threatening a legal challenge to the constitutionality of the law, after its final set of provisions are enacted next year.

Meanwhile, the parts of the law that do bring big changes will indeed take effect less than two months from now; making this the right time for Floridians who expect to be riding in motor vehicles after July 1st to get up to speed with what's just down the road.

]]> First, a quick recap of what Personal Injury Protection is all about. According to the Florida Department of Highway Safety & Motor Vehicles:

"Also called Florida No Fault Insurance, Personal Injury Protection (PIP) Insurance covers you - regardless of fault (i.e. whether or not you cause the crash) - up to the limits of your policy. Your PIP will also cover your child, members of your household, certain passengers who lack PIP Insurance as long as they do not own a vehicle. People riding in your vehicle who carry PIP will receive coverage under their own PIP for their injuries, and certain licensed drivers who drive your vehicle with your permission. PIP also covers your child if he or she suffers an injury while riding on a school bus. PIP coverage protects you while in someone else's vehicle, as a pedestrian, or bicyclist if you suffer an injury in a crash involving a motor vehicle."

All Florida drivers are required to carry a minimum of $10,000 in PIP coverage, and that will not change.

But in the most controversial of changes that do come with this new law, injury victims will be entitled only to a 25% payment - $2,500 of the $10,000 in coverage that insurance companies are charging for - unless fully licensed, accredited medical professionals declare the case to be a "medical emergency".

The other major change that we all need to understand and remember is that in order to be eligible for PIP compensation, motor vehicle accident victims must now seek medical attention and be diagnosed within 14 days of the accident.

If the right kind of medical care is not received in the right medical setting, within the required amount of time, injury victims may forfeit their rights to some or all of their PIP insurance payments.

It's also important to know ahead of time that Massage Therapy and Acupuncture, two very popular forms of post-injury care, will no longer be covered under the new law.

And a final noteworthy change is that insurance companies will now have the right to require any PIP claimant to testify under oath about their accident and injuries - or forfeit their rights to any payment.

Needless to say - our tough, seasoned team of injury lawyers here at Thomas & Pearl is keeping abreast of all these changes. We've been fighting the insurance companies and their high-priced attorneys for forty years now, with tenacity, integrity, and great success.

Please remember, and let your family and friends know, that throughout what may be a difficult transition period with implementation of this new PIP insurance system, we will be available to you and to all South Florida motor vehicle accident victims; offering free consultations, answering all your questions - and fighting harder than ever for your rights.

Good Timing in Florida for Motorcycle Safety Awareness Month

2012-05-01T18:26:57Z

Motorcycle Safety Awareness Month is here, arriving right on the heels of a sad string of fatal motorcycle accidents occurring all across Florida over the past week - reminders of the harsh reality that compared to other motorists, motorcyclists face far greater risk of serious injury, and death.

In fact, motorcycle accident victims are 25 times more likely to die from their injuries - according to the Insurance Institute For Highway Safety's Report, Fatality Facts 2010 - Motorcycles:

"Motorcycles are less stable and less visible than cars and often have high performance capabilities. When motorcycles crash, their riders lack the protection of an enclosed vehicle, so they're more likely to be injured or killed."

And so the National Highway Traffic Safety Administration (NHTSA) is using the month of May to heighten awareness on all sides of the equation, delivering this core message to all motorists:

"Motorcycles are vehicles with the same rights and privileges as any motor vehicle on the roadway. Motorcycle Safety Awareness Month is a national initiative aimed at getting motorists and motorcyclists to "share the road" with each other."

]]> While many people may think that motorcyclists themselves are the cause of most of the problems, that's actually not the case. Sure we've all seen the occasional biker zooming in and out of traffic way too fast - just as we've seen so many sports cars doing the same thing. Statistics actually show that in the large majority of multi-vehicle crashes involving a motorcycle, it is the car, SUV or truck driver that violated the right of way of the motorcyclist.

A Florida "case in point" was made on this front, just last Friday night. An off-duty Pinellas County Sheriff's Deputy was riding his motorcycle safely in southbound traffic near Tampa Bay, when an oncoming driver trying to get to a gas station turned left - right into the Deputy's path, causing him fatal injuries.

It's an awful story that is repeated all too often all across Florida and the rest of the nation. The need to raise public awareness and reverse the long upward trend in motorcycle crash deaths is dramatized by a stark statistical contrast in overall road fatalities in recent decades:

"Motorcycle deaths accounted for 13 percent of all motor vehicle crash deaths in 2010 and were more than double the number of motorcyclist deaths in 1997. In contrast, at 22,263, fewer passenger vehicle occupants died in crashes in 2010 than in any year since the National Highway Traffic Safety Administration began collecting fatal crash data in 1975."

Of course, the use, or lack thereof, of personal protection equipment - like a good, full helmet - is a key determinant in preventing vs. causing many fatalities following motorcycle accidents.

While Florida law for a while now has allowed individuals over 21 years of age - and with adequate insurance coverage - to ride without a helmet, we at Thomas & Pearl can't concur strongly enough with NHTSA recommendations that EVERYONE should wear a high-quality, full helmet, every time they ride a motorcycle. Having seen too many tragic cases of head trauma, brain injury and death suffered by motorcyclists riding without helmets, we believe the risks are not worth the sensory and psychological "freedom" that some riders crave when out on the road.

The way we look at it, with all the wrong turns that drivers of cars, SUVs and trucks are taking these days - we want all our motorcyclist friends and neighbors to protect themselves as much as possible from the risk of serious injuries suffered in accidents caused completely by the errors and/or negligence of others.

But know this: If you, a loved one or a friend was or is injured in just such an accident, the team of attorneys at Thomas & Pearl has been fighting for the rights of motorcycle accident victims for nearly four decades. Don't hesitate to call us for a free consultation to better understand your situation, and all your options moving forward.

And please, do your moving forward with a little extra caution, vision and care out there on the highways and byways of our state and country - whether you're operating a motorcycle or any other kind of motor vehicle.

Ins & Outs of Slip, Trip & Fall Accidents

2012-04-25T16:45:11Z

At our firm, we see many South Florida residents coming to us for help after getting injured in a variety of slip, trip & fall accidents - slipping on something and falling; tripping over something and falling; and falling from one level or position downward to another.

This is a serious problem that leads to much pain and suffering, many thousands of deaths, and huge numbers of workplace injuries and workers' compensation claims each year.

As injury & accident law specialists, we're of course here to help. In fact, over the last 40 years we've won settlements or verdicts for thousands of Floridians who've slipped, tripped or fallen and been seriously injured due to the negligence of others.

Let's take a brief look at a true story from our case files, by way of zeroing in for now on "slip & fall" accidents.

]]> We've all had the experience of walking down an aisle or turning a corner in a supermarket and happening upon a puddle of...you name it - juice, tomato sauce, pickles - mixed in with broken shards of glass. Usually, hopefully, we see trouble coming and can avoid it. But sometimes, as with our client, there's no warning sign at all, until you're on your way down.

Our client, a self-supporting young woman who was working and putting herself through school, saw nothing unusual as she walked down a grocery store aisle to get to the frozen food items she was looking for. As she stepped toward a freezer case and reached to open it, her foot slipped, and down she went.

As she lay there on the cold vinyl floor in pain, she realized that the floor wasn't just cold - it was wet. Not any visible water, but just-mopped wet. As she looked up and called for help, she saw a couple of what turned out to be store employees hurrying over. One of them was carrying "Wet Floor" signs that he quickly placed around the area where she had slipped and fallen.

Our client was smart enough to:

A) Ask that they call immediately for medical assistance
B) Ask why those signs weren't there before she had fallen

Long story short, she suffered back and neck injuries because a store employee had mopped the floor and either failed to put those signs out in the first place, or had picked them up too soon. Our client went through months of physical rehabilitation, was unable to go to work or school for a period of time - and with our help, ended up winning a very fair settlement from the supermarket company responsible for her injuries.

Unfortunately, she still suffers some chronic back and neck pain, but has thankfully been able to return to work and school.

Her story is a good reminder of some important factors to try and keep in mind when it comes to these kinds of slip & fall accidents.

First, as hard as it is, you always want to try to "tread with caution". Never assume that walking surfaces are clear of potential hazards or obstructions simply because you don't see them. Look hard and carefully at where you're walking, and take short, firm strides. And try to wear shoes with some tread and traction on the bottom.

If you do slip and fall, then your first concern should be to determine if you've sustained any kind of injury. If you have any question about being injured, then call or ask someone with or near you to call for emergency medical assistance.

If you don't think you've suffered any more than a little bang, and some embarrassment, and you choose to try to move or get up - then do so very slowly and carefully, and only if you can do so without pain and discomfort. Otherwise, you should not move at all or be moved by anyone else, until professional medical help has arrived.

If you feel or fear any serious injury and you are not in your own home, then while you wait for medical help to arrive, do your best - if able - to look around and visually assess the situation, ask questions of any witnesses, and try to figure out what happened to cause your fall. If able and appropriate, take pictures with your mobile phone to help document the circumstances.

If it turns out you have sustained a serious slip & fall injury and suspect it was due to someone else's negligence, then after you've received medical attention, call an experienced leader in injury law, a prestigious firm with a long track record of handling slip & fall cases with integrity, and success.

Call Thomas & Pearl.

Most of all - be careful out there!

Thomas & Pearl "Fight Team" Sponsors Fight Time Promotions

2012-04-19T16:13:56Z

The Injury & Criminal Law firm of Thomas & Pearl has become a proud new sponsor of Fort Lauderdale-based Fight Time Promotions, which produces a series of regularly scheduled (and televised) Mixed Martial Arts (MMA) fight cards at the city's War Memorial Auditorium.

The local connection was important in forging this new business relationship, as were the qualities and histories of the principals involved.

Thomas & Pearl was founded in Fort Lauderdale, Florida in 1973, and has offices there and in West Palm Beach. Over the course of the last forty years, the firm has earned a reputation as "good fighters"; for having the right combination of toughness and integrity, for using all available tools - within the rules - to win its battles with insurance companies, opposing attorneys and anyone standing in the way of securing fair settlements or verdicts for their clients.

And so it seemed a perfect fit - the law firm known for "Fighting For Floridians" sponsoring a fight-related endeavor - but only if it had the same kind of profile and outstanding pedigree as Thomas & Pearl.

That's where the firm's managing partner, Jason Pearl, comes in.

]]> With Mixed martial arts training part of his own personal background, Jason is both a participant and knowledgeable fan of the sport, and has gotten to know some Fort Lauderdale area fighters during his training time at the gym. It had struck Jason over the years that Mixed martial arts was an interesting sports metaphor for a "use all the tools, within the rules" law firm like his.

In 2010, when Jason heard that former amateur boxing legend and 1976 Olympic Boxing Gold Medalist Howard Davis Jr. was starting a new MMA fight promotion company in Fort Lauderdale, he was excited. Jason knows Howard, knows the kind of quality guy he is, and knew that the company would follow suit.

And that it has. Davis and his wife Karla, who handles the business and marketing aspects of the operation, launched Fight Time Promotions in 2010, putting on their first event in August of that year. By 2011 the new company had already become the leading fight promoter in Florida, featuring more events, matches and fighters than any other outfit in the business.

With that kind of demonstrated success and quality management, it was an easy decision for Thomas & Pearl to become a proud new sponsor of Fight Time Promotions - which has already sold out its April 27th event in Fort Lauderdale.

The firm will be welcomed into the "Fight Time Promotions family" that night, complete with a booth in the lobby staffed by two lovely "Thomas & Pearl Girls" who will be greeting fans, giving out free gifts, and registering them for a chance to win VIP seats to the next event (June 22nd). Plus - Jason Pearl will be given a special introduction to the sellout crowd, from inside the classic MMA fighting "cage".

For those unfamiliar with the MMA sport, here is an excerpt from Wikipedia:

"Mixed martial arts is a full contact combat sport that allows the use of both striking and grappling techniques, both standing and on the ground, including boxing, wrestling, Brazilian jiu-jitsu, muay Thai, kickboxing, taekwondo, karate, judo and other styles. The roots of modern mixed martial arts can be traced back to the ancient Olympics..."

Be sure to check out the video news release of Howard and Jason announcing their new business relationship - and look for Jason and other firm members at the VIP table on Fight Night!

Coping With 2012 Failure of Florida Assisted Living Facility Reform

2012-04-10T17:37:10Z

As we wrote last month, the Florida state legislature was getting close to passing Assisted Living Facility (ALF) reform legislation in the closing days of this year's session. Unfortunately, "getting close" was as close as they got.

After a Spring, 2011 series of investigative reports in the Miami Herald revealed an alarming number of injuries and potentially wrongful deaths among senior citizens living in these increasingly popular group residences, just about everyone from Governor Rick Scott to legislators in both parties agreed - something had to be done.

But then, Florida's powerfully well-heeled and well-connected ALF industry lobbied long and hard against any significant new oversight. Although senior citizen advocates and public interest groups fought back on the other side, pushing for passage of at least some sort of reform bill, it didn't seem to be exactly what you'd call a "fair fight".

For instance, the ALF industry is reported to have contributed over $200,000 in recent years to some of the most influential members of the legislature. And so as the clock wound down on the session, competing House and Senate versions of the bill were debated, and debated, and amended, and amended.

And no ALF reform legislation ended up gaining passage.

]]> Politics.

And so until the 2013 legislative session comes around, a little less than a year from now, far too many of Florida's most vulnerable senior citizens will remain at risk residing in Assisted Living Facilities that are demonstrably unsafe - and which will now continue to go with woefully inadequate oversight.

What to do then, to gain some peace of mind, if you or an elderly loved one is living in an ALF that is not providing a consistently safe, secure environment? How to detect and deal with possible cases of elder abuse in these facilities, absent any new regulations and protections enacted by state government?

The answer is, there are several things you can do.

First, be on the vigilant lookout for any signs of physical abuse. As reported on Helpguide.org, these warning signs include:

• Unexplained signs of injury such as bruises, welts, or scars, especially if they appear symmetrically on two side of the body
• Broken bones, sprains, or dislocations
• Report of drug overdose or apparent failure to take medication regularly (a prescription has more remaining than it should)
• Broken eyeglasses or frames
• Signs of being restrained, such as rope marks on wrists
• Caregiver's refusal to allow you to see the elder alone

If you see one or more of these signals, it's time to take action. One good place to start is with Florida's Long Term Care Ombudsman Program, an invaluable source of information, referrals and support services. Here, one can find out what the rights of an ALF resident are, and file an abuse or other type of complaint. Note that you can also sign up for training as a volunteer long-term care ombudsman - an ideal opportunity to "be part of the solution" to this growing problem, right in your own community.

Finally, if you or your loved one has in fact been injured in an Assisted Living Facility, and you have any reason to believe that negligence and/or wrongdoing is to blame, then you should immediately contact a law firm with experience in such cases. Thomas & Pearl has been fighting for the rights of seniors injured in long-term care settings for nearly 40 years, and will provide a free consultation with the utmost sensitivity, and confidentiality.

Working together, we can all try to step in and ensure that Florida's ALF residents get the kinds of advocacy, protection - and Justice - that they so rightfully deserve.

Help In Preventing Youth Sports Injuries

2012-04-03T17:25:11Z

High if not right on top of any wish list for injury and accident prevention initiatives you'd want to see here in Florida, and nationwide, would be ones that make our youth safer.

And so it's very good news that both nationally and locally, there are new steps being taken to better understand, treat, and most importantly prevent sports-related injuries to children and student athletes.

According to Safe Kids USA, over 3.5 million American children suffer sports injuries serious enough to require medical attention. A frightening 21% of all traumatic brain injuries to children are the result of sports and recreational activities.

In Broward County, the school board has unanimously passed a new concussion diagnosis and treatment program for High School athletes, which goes into effect before the beginning of Spring Football next month.

Broward's program is to be applauded for being proactive, coming prior to enactment of a new Florida law requiring the High School Athletic Association to come up with tough statewide safety rules to address this growing problem.

]]> County officials call the new testing system "cutting edge", the same one that's used in the National Football League. County high schools will also now have full time athletic trainers who help ensure the program will achieve its goal of effectively diagnosing and treating young concussion victims - preventing them from returning to action too soon and thereby risking far more serious, permanent or life-threatening injuries.

At the national level, another category of all too common childhood sports injuries has led to April becoming National Facial Protection Month, an effort to raise awareness and provide simple, sensible tips on how to prevent often needless injuries.

It's estimated that more than 3-million teeth will be lost this year by children playing sports. While losing a tooth or two may not seem like a big deal, losing half a mouthful is - and then there are the vast numbers of more serious facial lacerations and injuries to mouths, gums, and jaws; injuries often requiring major reconstructive surgery.

Interestingly enough, although studies show that children who don't use mouth guards are 60 times more likely to suffer injuries to their teeth, mouth, and/or jaw - 67% of parents surveyed said that their children did not use this simple, inexpensive device.

Getting parents to have their children use mouth guards - not just when playing in a game, but also when practicing - is reason enough to applaud National Facial Protection Month.

On a far broader level, the National Center For Sports Safety is a terrific online source of information and advice that can help prevent your children from suffering sports and recreation-related accidents and injuries.

And remember: If you have taken all necessary precautions and your child should still have the misfortune of suffering injury or accident due to someone else's neglect or misdeed - please contact Thomas & Pearl Injury Attorneys for a free consultation.

Picking The Right Florida Injury Law Firm To Fight For You

2012-03-29T13:34:28Z

It's not exactly headline news that there are more than a few personal injury law firms in South Florida. Seems like more than a few thousand sometimes, doesn't it?

With a large and steadily growing population of senior citizens in the state, vast numbers of agricultural workers and day laborers, and a youth population that mushrooms every Spring Break season; it's no wonder that automobile, workplace, slip-and-fall and many other kinds of accidents and injuries are such common occurrences in the Sunshine State.

And so it seems that everywhere you look on the highways and byways of our great region, every time you read a newspaper, turn on the radio or TV; you see another advertisement for an injury law firm that's going to "fight" for you.

The fact of the matter is that many lawyers and law firms in our area have had trouble succeeding in their criminal or other kind of law practice, and so they've turned to injury law in recent years. Some are willing to say and do anything to get clients and cases.

As a result, the "fight" that you sometimes end up with is the fight for honest, ethical, caring and effective legal representation - at the very time that you need it most.

]]> If in fact you or a loved one is the unfortunate victim of an injury or accident that is the fault of another party, what do you want to look for in the way of legal representation?

First and foremost, Experience.

Thomas & Pearl Injury Attorneys is rapidly approaching its fortieth anniversary of fighting - hard, fair and successfully - for thousands upon thousands of Floridians.

There's a reason why you stay in business for forty years, winning so very many settlement and judgment awards, totaling many, many millions of dollars. Thomas & Pearl has that track record because of its toughness, tenacity and truthfulness.

Results are one thing. But integrity matters too. Four decades of great results built on a foundation of honesty and integrity - that's something that few other injury law firms can point to. That's something that helps settle cases in our clients' favor before ever getting to court. And if we do have to go to court, our reputation and record helps us win.

So yes, make no mistake: the attorneys of Thomas & Pearl will fight as hard as can be for you. They'll use everything in their arsenal and do everything within the rules to ensure the best possible outcome. They'll also tell you the truth, the whole truth and nothing but the truth, from Day One - from your first free consultation. And they'll be there for you 24/7, at your side every step of the way; answering all your questions with the patience and sensitivity you need during such a stressful time in life.

So, remember - not all fighters, not all law firms, and not all law firms that fight for you are created equal. There is now, and for almost forty years there has only been, one Thomas & Pearl Injury Attorneys.

Coming In July: New FL Motor Vehicle Personal Injury Protection Insurance System

2012-03-26T16:24:19Z

Fourteen. Remember the number. Because starting in July, any Floridian injured in a car crash or any kind of motor vehicle accident will have only 14 days to get medical care that will be eligible for maximum coverage by the state's new "no fault" personal injury protection insurance system.

That's because earlier this month in Tallahassee, the severely wounded "PIP" insurance system was put out of its misery once and for all. Only time will tell if car crash and other motor vehicle accident victims will be better off with the new Emergency Care Coverage Law (ECCL!) that's taking its place.

We wrote a while back about the big push by Florida's politicos to pass "PIP reform" legislation this year and make big changes to the system that has been paying up to $10,000 in medical costs for people injured in car and other motor vehicle accidents since its enactment in 1972 - and getting ripped off for countless millions in the process.

The problem with PIP was that over the last forty years, con artists and sophisticated insurance fraud rings ended up taking advantage of the originally well-intentioned system, milking and bilking it for millions in fraudulent claim payments.

Heading into this year there was consensus across party lines in the state legislature that after many years of worsening PIP fraud, we had all become victims, with auto insurance rates steadily skyrocketing out of sight. There was disagreement and debate (hey, it's politics) about how to fix the broken system, but on the very last day of the 2012 legislative session, a compromise reform bill was passed.

]]> The Emergency Care Coverage Law that replaces the current PIP insurance system will be officially signed into law by Governor Rick Scott soon, with most aspects (including those discussed below) taking effect on July 1st.

The biggest change is that if you're injured in any kind of motor vehicle accident and hope to be eligible for the new insurance coverage, you must be diagnosed by a licensed medical provider (physician, osteopath, dentist, supervised physician's assistant, or advanced registered nurse practitioner) at a hospital or other licensed medical facility, within 14 days of the accident.

If those rules are broken, then coverage is reduced by 75%, meaning a maximum payment of $2,500 instead of $10,000 - unless a physician says that care provided after 14 days is due to a medical emergency related to the original accident.

Some other key changes worth noting:

• No more coverage for massage-therapy or acupuncture treatments.
• Referral from physician, osteopath, chiropractor, or dentist required to get coverage for visits to any other doctors.
• Upon request by an insurance company, a claimant seeking benefits will have to submit to a medical examination under oath.

Some consumer advocates believe that by far the biggest savings to be found in the Emergency Care Coverage Law will be in the claims that insurance companies no longer have to pay, or get to pay at a highly reduced level.

There have also been complaints that the law doesn't require insurers to reduce motor vehicle policy premiums, even as their savings in claims payments starts to pile up. Instead, they are given suggested rate reduction targets, and the option of explaining why they are not meeting those targets.

It will take years of experience and data collection to see how all this plays out in the real world and what kinds of impact the changes bring.

However, there is one thing that we know will not change. If you, a family member or friend is ever injured in a car crash or motor vehicle accident of any kind, you'll want and need a tough, smart, honest and experienced law firm on your or their side.

You'll need Thomas & Pearl Injury Attorneys.

Worst Of Times For South Florida Motor Vehicle Deaths

2012-03-22T17:29:49Z

A series of fatal motor vehicle accidents last weekend in South Florida served as a terrible reminder that we and/or our loved ones can suddenly become the victims of motor vehicle injuries and wrongful death, at the most unexpected of moments - even when not riding in or driving a motor vehicle.

All told, a total of 10 people were killed in a 24-hour period from Saturday night, March 17th through Sunday night March 18th.

As reported earlier this week in the Miami Herald:

"Crashes in Broward killed a woman who was seven months pregnant, a 5-year-old girl who was run over as she played outside her home in a toy car, an elderly churchgoer and a 14-year-old skateboarder."

While some have noted that this was Saint Patrick's Day weekend, and therefore alcohol consumption and DUI situations were most likely elevated, the sad truth is that South Florida has long been suffering from similar spates of car accident injuries and wrongful deaths caused by out-of-control motor vehicles and/or drivers.

]]> It seems as though more and more, the injuries and deaths resulting from these vehicular accidents are being suffered by children playing outside their homes, riding bicycles, skateboarding and such; and by pedestrians minding their own business in what would seem to be a safe place, out of harm's way.

That was certainly the case last Sunday when a Massachusetts woman - seven months pregnant and enjoying the last day of a church-prize South Florida vacation with her husband - fell victim to an out of control car driven by a 35-year-old woman. It veered off the road at a curve, jumped the curb, crossed the sidewalk and slammed through a fence outside Fort Lauderdale's Riverside Hotel - before finally crashing into a poolside cabana building where the victim was relaxing while her husband was using the nearby restroom.

Despite immediate attempts to free and save the woman, both she and her unborn fetus were killed almost instantly in this terrible and tragic car accident.

Equally tragic was the hit-and-run death the same day of a 5-year-old girl playing outside her Fort Lauderdale home; and the death of a 14-year-old skateboarder who was hit by a car and killed the night before near a crosswalk in Tamarac; and on, and on.

These and all such wrongful deaths are unimaginable human tragedies. The families of the victims seek and receive solace and support from one another, from friends, from their communities and from all of us whose hearts and prayers go out to them.

As these families seek full understanding of exactly what happened to cause the death of their loved ones, to determine who is responsible and where liabilities for their losses may lie, the support and counsel of a very special kind of lawyer and law firm become essential, and invaluable.

With countless injury lawyers advertising themselves in every way imaginable all across South Florida, it can be very, very difficult to know who and where to turn to.

If you have lost a loved one in a car accident, you need a law firm with a combination of Experience, Integrity, Sensitivity, and Success.

For nearly forty years now, that law firm has been Thomas & Pearl. Thomas & Pearl Injury Attorneys has helped countless car accident victims' families get through the worst of times, offering sensitive, 24-hour-a-day, 7-day-a-week support - while winning substantial monetary settlements and damage awards from those responsible for causing so much pain, suffering and lost income.

In the worst of times, you need the best of law firms. You need Thomas & Pearl.

Florida Still Waiting For Assisted Living Facility Reform

2012-03-04T15:20:59Z

As heavily as senior citizens populate and influence the political landscape of the Sunshine State, it's noteworthy that elected officials have yet to compromise on and gain passage of a bill that would create new oversight of Florida's scandalized Assisted Living Facility industry.

Multiple versions of such legislation have stalled so far, all differing in their degree and methods of reform. In the wake of revelations about lax oversight, neglect, wrongful injuries and deaths in a number of Assisted Living Facilities (ALFs), it's still possible that a combination of public pressure and media scrutiny will force the hand of legislative leaders mindful of the importance of senior votes in an election year.

Projections are that 1 in 4 Floridians will be over 65 years old by the year 2025. As the elderly population keeps growing, so will the number of ALFs seeking them as residents. At almost 3,000 right now, there are about four times as many ALFs in the state as there are nursing homes. The two institutions differ in a couple of key ways:

• While nursing homes focus primarily on transitional post-hospitalization care for those in need of physicians, skilled nursing and/or rehabilitative services, ALFs are residential institutions for seniors who need varying degrees of help with "activities of daily living" - like getting dressed or undressed, bathing, cooking and other household chores.
• While Medicare and/or Medicaid cover the cost of most nursing home care, ALF residents usually pay facilities directly with private funds.

Unfortunately, one thing that nursing homes and ALFs do share in common is the potential for neglect and elder abuse, which can result in serious injury, and death.

]]> Although it was Florida's own legendary congressman, Claude Pepper, who fought for enactment of the groundbreaking Nursing Home Residents' Bill Of Rights over thirty years ago, the trend in recent years has been heavily tilted towards major deregulation of ALFs - which didn't even exist when the law was enacted.

From the frequency of full-blown inspections (by the Agency for Health Care Administration, which is responsible for industry oversight); to ongoing monitoring of and reporting practices for facilities; to penalties for violations and misconduct - all have been cut back or "overlooked" for years now.

In mid-2011, The Miami Herald published "Neglected To Death", a multi-part series of scathing investigative reports into the ALF industry, revealing that while lobbying efforts and political contributions may have "paid off" by reducing operational and administrative costs for facilities - and oversight costs for the state - the resulting collateral damage and "human costs" are absolutely unacceptable:

"Nearly once a month, residents die from abuse and neglect -- with some caretakers even altering and forging records to conceal evidence -- but law enforcement agencies almost never make arrests."

And so, as we watch and wait while our elected officials in Tallahassee continue to wrangle over what if anything will be done to solve this problem, the question remains:

What can those who have suffered from neglect and wrongful injury as residents of Assisted Living Facilities, and the families of those who have suffered neglect, injury or death - what can they do to gain some measure of justice?

The answer is that they should immediately seek the advice and counsel of a law firm experienced in these matters. For almost 40 years now, Thomas & Pearl has been fighting on behalf of Elder Abuse victims and their families, with the utmost integrity, sensitivity, and success. If you have any question about neglect, injury or death in a nursing home or ALF situation, please contact us for a free consultation.

New Wage Theft Law Advances in Florida State Legislature

2012-03-01T15:42:10Z

A controversial legislative initiative regarding the rights to legal redress for Florida's victims of wage theft is currently winding its way through the final days of the 2012 legislative session.

House Bill (HB) 609 - which has already passed - and Senate Bill (SB) 862 are both titled "Wage Protection For Employees" - although critics believe these bills would actually weaken those protections, making it more difficult for victims of wage theft to hold employers legally liable for lost pay, while restricting or eliminating their right to sue for additional damages and prohibiting them from joining in on class action wage theft lawsuits.

Workers' rights advocates see those last two provisions in the House bill as big steps backwards in labor law, but Florida's business community leaders seem to have successfully lobbied their case that these changes are needed.

Meanwhile the current Senate version of the bill, which has yet to be voted on, clearly states its primary purpose:

"Prohibiting a county, municipality, or political subdivision from adopting or maintaining in effect a law, ordinance, or rule that creates requirements, regulations, or processes for the purpose of addressing wage theft."

In other words, future Florida lawmaking on the wage theft front would be the sole province of state legislators in Tallahassee.

]]> The initiative is seen in some quarters as the Florida state legislature's response to the groundbreaking anti-wage theft ordinance enacted by Miami-Dade County two years ago, to address what seemed to be an ever-worsening problem.

A January, 2012 report from the Research Institute on Social & Economic Policy entitled Wage Theft: How Millions of Dollars are Stolen from Florida's Workforce "estimates that nearly 60-90 million dollars are stolen from Florida's workforce, impacting communities, law abiding employers and local and state economies. The release of the report comes at a time when the Florida legislature is debating a House and Senate bill that would eliminate the Miami-Dade Wage Theft Ordinance, which has collected nearly $400,000 in stolen wages from employees-and preempt any other local governments trying to find solutions to wage theft in their communities."

Labor and public interest groups view municipal-level anti-wage theft ordinances as "win-win" economic boosters that help put rightfully due dollars back in the pockets of residents likely to spend those dollars in their communities, helping fuel local economies; as opposed to them suffering levels of income loss severe enough to require their use of municipal support services - which are paid for by taxpayer dollars.

But the Chamber of Commerce and other business interest groups see it differently, preferring to trust the legislature and a combination of federal and state-level agencies to come up with and enforce the right legal remedies for a problem plaguing many Florida workers.

If also passed by the State Senate and signed by Governor Scott, the new law would take effect on July 1st, 2012. It would therefore be wise to get legal advice immediately if there is any reason to believe that you or someone near and dear to you has been the victim of any of the following forms of wage theft:

• Paid less than minimum wage
• Not compensated for weekly overtime beyond standard 40 hours
• Not paid wages and/or commissions already earned (such as when you never receive your last paycheck from an employer)
• Required to work hours that are "off the clock"
• Illegally classified as an "exempt" employee or "independent contractor" so employer can avoid paying overtime compensation.

The law firm of Thomas & Pearl has been fighting on behalf of all too often vulnerable victims of wage theft and other labor law violations for almost 40 years now. Now more than ever, if you or anyone you know needs advice and/or counsel in this difficult area, please call us at 877-352-4658, to receive a free, confidential consultation.

Florida Legislators Seek PIP Insurance Reform Compromise

2012-02-17T18:40:56Z

As the 2012 Florida state legislative session winds down, lawmakers are still wrestling over what would be the best compromise plan for reforming the state's Personal Injury Protection (PIP) law, which all sides agree has driven up auto insurance rates for all Floridians.

The FL House of Representatives has offered up House Bill (HB) 119, what you might call an "extreme makeover" proposal, while Senate Bill (SB) 1860 features a more measured set of reforms.

The current "no-fault" PIP law provides all motorists with a minimum $10,000 level of coverage. Its original intention was twofold: to ensure that drivers injured in vehicular accidents had some reasonable level of protection, while ridding the civil court system of thousands of small claims cases.

Then that pesky old "Law Of Unintended Consequences" came into play.

]]> Crime rings sprang up to take advantage of the law, staging fraudulent accidents, filing quick claims and bilking the system out of countless millions of dollars. As a result, The Insurance Consumer Advocate's Working Group on PIP Reform reports that leading insurers like State Farm, Geico and Progressive have raised PIP rates anywhere from 50-77 percent since 2009.

At the same time, some consumer advocates have complained that insurance companies are more aggressive and less communicative than ever about denying claims. And some legislators complain that too often it's the state's Medicaid system, and not the insurance companies, that end up paying medical costs for accident victims.

It's easy to see then, why the one thing that they do agree on in Tallahassee is that the system is broken in its present form. Ah, but how best and far to go in efforts to fix it?

In what some see as an "insurance industry-friendly" plan, HB 119 would scrap the PIP system and replace it with Emergency Care Coverage (ECC). Only injuries diagnosed by a physician in a hospital emergency room within 72 hours of an accident would be covered. Chiropractors, acupuncturists and massage therapists would be ineligible for PIP payments. Insurers would be allowed to examine and question injury claimants under oath - even if they weren't filing a lawsuit. And a new attorney fee schedule would prescribe how much lawyers could earn in suits against insurance companies.

The Senate alternative, SB 1860, is seen by some as being a little tougher on insurance companies, a little less so on injury victims and their lawyers, with more broader focus on reforming the overall process. Key features include:

• Instead of hospital ERs, care can be received at any licensed medical clinic
• Enactment of medical fee schedule to control fraudulent clinic charges
• Chiropractor payments allowed, but not massage therapist or acupuncturist
• Long-form crash reports required whenever physical discomfort is claimed
• Police investigators could supplement reports with testimony/affidavits
• Increase in auto insurance fraud prevention activities
• Insurers required to repay state for some of benefits paid by Medicaid
• Insurers required to give explanations when claims are denied

With three weeks left in the legislative session, chances are that the Senate and House will reach some kind of compromise and pass a PIP reform bill - which Governor Rick Scott, Chief Financial Officer Jeff Atwater and Insurance Commissioner Kevin McCarty have all made clear is a top legislative priority in 2012.

As one of Florida's most experienced and successful law firms specializing in representing motor vehicle accident victims, Thomas & Pearl Injury Attorneys supports efforts to root out insurance fraud and abuse, and will continue to focus on providing injury victims with the highest level of ethical legal representation.

Deadly Pileup Crash On FL I-75 Raises Legal Liability Questions

2012-02-05T16:56:00Z

A horrific series of pileup crashes occurred on Interstate 75 just south of Gainesville, FL last Sunday, January 29th, resulting in 10 deaths and over 20 injuries.

In the aftermath of car & truck accidents, there are always questions about legal liability for injuries and damages suffered by participants and victims. In a large-scale incident like this I-75 pileup, those questions are themselves now piling up.

Was arson a factor in smoke conditions blocking motorists' visibility?

Did the Florida Highway Patrol reopen the roadway too soon?

Are trucking companies responsible for questionable actions of the drivers of two large semi-trailers involved in the crash?

Like the thick smoke from a nearby prairie fire that blanketed a stretch of I-75 in the pre-dawn darkness of January 29th, the confusing array of facts and circumstances in play here are making it hard to clearly see the answers to those and other questions, for now.

Here's what we do know:

]]> A fire of unknown origin - no prescribed burn, lightning or other identifiable cause - in the Paynes Prairie surrounding the highway had created smoke and haze conditions bad enough to cause two non-fatal crashes at around midnight. The Florida Highway Patrol (FHP) then closed a stretch of the interstate and monitored visibility conditions for hours, before deciding the smoke had cleared enough to reopen the road at 3:25 AM.

Within about 45 minutes, nearly twenty vehicles were involved in a series of pileup crashes that included passenger cars, semi-trailers and at least one RV. Emergency 911 calls from the scene have been released, and in very disturbing fashion, one can hear how surviving participants on the scene were blinded by the smoke and traumatized by the catastrophe and carnage unfolding around them.

In the discussion of legal issues surrounding cases like these, the human tragedy that touches so many lives is unfathomable. Our hearts and prayers go out to all the victims of this incident, and to all their grieving family members and friends.

The authorities and many others are now in the process of trying to figure out what and who was to blame for the deaths and injuries in this incident, and where the legal liabilities for resulting damages may lie.

The FHP has vigorously defended its decision to reopen the road, based on an assessment that the smoke conditions had cleared. Should the FHP be the subject of a lawsuit, liability would be capped at $200,000, as is the case with all FL state agencies.

Because the fire may have been arson-related, there is the possibility that the individual(s) to blame could be apprehended, charged, sued and held liable - but that person's capacity to pay any damages would likely be very limited.

Other potentially liable parties are the trucking companies that owned two semi-trailers that were stopped by their drivers in the center and outside lanes of the smoke-shrouded roadway, and then rear-ended by other vehicles - which were themselves rear-ended by other vehicles. Such is the nightmare of a pileup crash like this one.

While all these issues of cause, responsibility and liability get sorted out and likely litigated in the months ahead, we can all learn a few invaluable lessons from the tragedy.

First, we must make sure we have adequate and updated automobile insurance policies. Then, should we encounter driving conditions that severely impair visibility, we should err on the side of caution, get off the highway if possible and find a safe place to park; or pull to the highway shoulder, put on emergency lights and use a mobile phone to call for help. If we are involved in an accident without injury, we should call police to the scene.

And If we or a loved one should have the misfortune of getting injured in an accident, we should seek counsel from the most experienced, accomplished injury attorneys available.

In South Florida, Thomas & Pearl Injury Attorneys is the law firm of choice for those in the know. With almost 40 years of experience representing car & truck accident victims with the utmost competency, compassion and success, Thomas & Pearl is the one legal team you want on your side, when it matters most.

Cell phone pictures pose privacy risk

2011-04-21T14:18:48Z

Would you be willing to trade your cell phone for privacy? No? That's what I thought, but a thought-provoking video by a TV news station has people second-guessing that decision.

This video shows that any time you take a picture with your smartphone and forward it to someone else or post it on the internet (ie: facebook), it marks exactly where the photo was taken. I don't simply mean the mall or a restaurant... I mean it collects data such as which room in your house- at your exact address- the photo was taken, and what time of day! Personally, I do not want anyone knowing the layout of my house or where I take my kids for preschool. That is just TMI ("too much information").

Please watch this video and learn how to turn off that feature in your phone. Privacy is a right that no one should take away. Pass this on to your family and friends to protect themselves.

I know it is off the subject of privacy, but since we are talking about pictures... I think it's a good time to remind you, obviously being that we are a personal injury firm, that if you are involved in an accident use your cell phone to take pictures of the scene of the accident.