Daytona Beach Injury Lawyer Blog

It is hard to watch television or listen to the radio these days without coming across commercials from an organization called 1-800-ASK-GARY. These commercials utilize spokespeople who urge people to call "Gary" for assistance and guidance after being involved in automobile accidents. The true identity of "Gary" is never revealed in any of the commercials. 1-800-ASK-GARY is actually owned by a Florida chiropractor.

Recently, two men in Kentucky filed a lawsuit against a Florida-based law firm who, according to them, has ties with 1-800-ASK-GARY. James Rose and Christopher Rose filed suit against Winters, Yonker & Rousselle, P.S.C. (now known as Winters & Yonker, P.S.C.), and attorneys, Bill Winters and Mark Yonker. Winters & Yonkers, P.S.C. is a personal injury law firm with offices in Tampa, Florida and Louisville, Kentucky.

James Rose and Christopher Rose are former clients of Winters & Yonker, P.S.C. They have made some serious allegations against Winters & Yonker, P.S.C. which include:

1. Winters and Yonkers, P.S.C. committed professional legal misconduct by directly soliciting clients through 1-800-ASK-GARY;

2. James Rose and Christopher Rose were instructed by Winters & Yonker, P.S.C. to receive treatment at facilities owned by 1-800-ASK-GARY, in return for which Winters & Yonker, P.S.C. would receive case referrals;

3. Winters & Yonker, P.S.C. failed to advise their clients of their significant relationship with 1-800-ASK-GARY; and

4. A client of Winters & Yonker, P.S.C. received $101.77 from a $100,000 settlement after receiving nearly all of her medical treatment at 1-800-ASK-GARY owned facilities.

Continue reading "Lawsuit Filed Against Law Firm with Alleged Ties to 1-800-ASK-GARY" »

As a personal injury attorney practicing in Florida, I normally enter into contingency fee agreements with my clients. A contingency fee agreement is a contract entered into by a lawyer and a client where a fee is charged only if there is a favorable result. You may often see lawyers advertise "No fees or costs unless we win your case." These lawyers are entering into contingency fee agreements with their clients. The practice of using these contracts is common because personal injury litigation is often times expensive. Contingency contracts allow a plaintiff who has limited financial means to retain a lawyer to protect their rights.

When I enter into a contingency fee agreement with a client, I am required to provide him or her with a "Statement of Client's Rights". This document outlines the client's rights and some of my responsibilities during our representation. These rights include, but are not limited to the following:

• A contingency fee contract must be in writing and you have 3 business days to reconsider the contract.

• Before hiring a lawyer, you have the right to know about the lawyer's education, training and experience.

• A lawyer must advise you whether the lawyer intends to handle your case alone or whether other lawyers will be helping with the case.

• You have the right to know in advance how you will need to pay the expenses and legal fees at the end of the case.

• You have the right to be told by your lawyer about possible negative consequences if you lose the case.

• You have the right to receive and approve a closing statement at the end of the case before you pay any money. The statement must list all of the financial details of the entire case, including the amount recovered, all expenses, and a precise statement of your lawyer's fee.

• You have the right to ask your lawyer how the case is progressing and to have these questions answered to the best of your lawyer's ability.

• You have the right to make the final decision regarding settlement of a case. Your lawyer must notify you of all offers of settlement before and after the trial.

Continue reading "You Have Rights When You Sign a Contract with a Personal Injury Lawyer" »

A sunbather was run over on the beach near Lenox Avenue in Daytona Beach on Wednesday. As a result of the accident, the sunbather, Carole Dalton, suffered a broken leg which required surgery. The driver of the vehicle was John Dowling, a Volusia County Beach Patrol Officer.

If Mrs. Dalton pursues an action against Volusia County, her recovery may be limited to $100,000. With some exceptions, an individual who has been injured as the result of negligence by the State of Florida and/or its employees is limited to a recovery of $100,000 for each person and $200,000 for each incident. Normally, the governmental employee responsible for causing the injuries cannot be sued individually. In addition to the State of Florida, the caps also apply to:

1) the executive department;
2) the legislature;
3) the judicial branch including public defenders;
4) the independent establishments of the State;
5) counties;
6) cities; and
7) corporations acting as agencies of the state.

Florida Statute 768.28 does provide a mechanism for an injured person who has incurred damages from governmental negligence in excess of $100,000 to recover the full amount of his or her damages. A "claims bill" can be introduced by a member of the Florida Legislature seeking to fully compensate the injured party. If the bill passes both legislative bodies and is signed by the governor, the claimant/plaintiff may be fully compensated. It is important to note that successful claims bills are extremely rare.

In April, Governor Charlie Crist signed SB 2060 into law. The law increases the limits of liability for the State and its agencies under Florida Statute 768.28. The new caps, which apply to all claims accruing on or after October 1, 2011, will increase to $200,000 for any one person and $300,000 collectively arising out of the same incident or occurrence.

Continue reading "Your Recovery is Limited When Suing the Government" »

Everyone knows that if you are driving a motor vehicle and cause an accident and someone suffers injuries, you and/or your insurance company are responsible for compensating the injured person for his damages. What you may not know is that if someone else is driving a vehicle you own and injures someone, you are also responsible. In Florida, a motor vehicle is considered to be a "dangerous instrumentality". Florida Courts have long held that a person who authorizes and permits a motor vehicle to be used by another person is liable for any damages caused by the negligent operation by the driver. This is often referred to as the "dangerous instrumentality doctrine."

There are exceptions to the dangerous instrumentality doctrine. There are circumstances when a car is loaned to another and that person may be deemed to have breached the owner's trust, resulting in a theft. These circumstances are rare and often times difficult to prove. However, when an owner does not truly give his consent to operate his or her vehicle, the owner should not be held liable. The courts have generally held that the owner of a vehicle is not responsible for the actions of servicemen and repairmen when his vehicle is being serviced, tested or repaired. Finally, an owner may not be held for intentional misconduct by another driver unless that intentional misconduct was foreseeable.

Next time you loan your car to someone else, keep in mind that if they injure someone while on the road, you may be responsible for their actions.

Continue reading "You May Be Responsible For The Actions Of Others When You Loan Your Vehicle" »

A Volusia County man and his daughter were killed in a boating accident on May 31, 2010 in the Intracoastal Waterway just south of Ponce de Leon Inlet, in New Smyrna Beach. The father and daughter died after their motorboat was run over by a larger boat. The daughter was nine months pregnant at the time of the accident.
The accident occurred around 4 p.m. near the Coast Guard Station and a part of Smyrna Dunes Park known as "dog beach" in Ponce Deleon Inlet. The area where the accident occurred is extremely popular with recreational boaters. Six people were in the smaller boat and seven people were in the larger boat. The people in the boats knew each other and were friends. The wake of a third boat may have contributed to the accident.
In addition to the deceased, two or three other boaters suffered injuries and were taken to Bert Fish Medical Center in New Smyrna Beach. Wildlife commission investigators are working to determine how the accident occurred.

Continue reading "Three Killed in New Smyrna Beach Boating Accident" »

Bullying is an epidemic in the United States. According to the Youth Violence Resource Prevention Center, nearly 30% of children in this country are involved in bullying as a bully, a target of bullying or both. This amounts to nearly 5.7 million children.

I am often contacted by parents whose children are the victims of bullying by other children. They are usually seeking compensation after the bullying turned violent and resulted in the child sustaining injuries. As you can expect, the bully almost always has little or no assets or means to satisfy a judgment. To many, the next logical step would seem to file a lawsuit against the bully's parents. Unfortunately, many times filing a lawsuit against the bully's parents proves unsuccessful.

Generally speaking, parents are not financially responsible for injuries their children cause merely because of paternity. However, there are four exceptions to this general rule:

1. Where the parent entrusts the child with an instrumentality which, because of the child's lack of age, judgment, or experience, may become a source of danger to others. These "instrumentalities" can include things like motor vehicles or weapons.

2. Where the child committing the tort is acting as the servant or agent of its parents.

3. Where the parent consents, directs, or sanctions the wrongdoing.

4. The parent fails to exercise control over the minor child although the parent knows or with due care should know that injury to another is possible. This exception often hinges on prior communications between the bully and their parent(s) and/or prior bullying that the parents are aware of.

If you have a child who is being bullied, take a look around http://stopbullyingnow.hrsa.gov/kids/, which is helpful website provided by the U.S. Department of Health and Human Services.

Continue reading "When is a Parent Responsible for a Child's Bullying?" »

A Daytona Beach teenager was critically injured yesterday when he lost control of his SUV on Interstate 95 near Scottsmoor, Florida and was ejected from the vehicle. The driver was cited by Florida Highway Patrol earlier in the day for his failure to wear his seat belt.

Florida Statute Section 316.614 requires the operator of a motor vehicle in Florida to wear a seat belt. It also requires front seat passengers to wear a safety belt or be restrained by a child safety device. Recent amendments to Section 316.614 allow law enforcement officers to stop a vehicle based solely on the driver's or front seat passenger's failure to wear a seat belt. Prior to the amendment, police could only stop a vehicle if the officer suspected some other traffic or license violation. The cost of a seat belt violation in Florida is $30. The cost of a violation for a child that is not properly restrained in $60.

In addition to incurring fines and points on your license, you may also negatively impact your personal injury case when you don't wear a seat belt. If warranted, a defendant in an automobile negligence action can assert the "seatbelt belt defense". The Florida Supreme Court has described the seatbelt defense as "an attempt to prove that the non-use of a functional and available restraint system by the plaintiff either caused or measurably worsened the plaintiff's injuries that resulted from the defendant's actions, and based on that non-use (even though the non-use preceded and did not cause or contribute to the accident), the plaintiff's recoverable damages should be barred or reduced." In other words, if a jury finds that you would not have sustained some or all of your injuries if you had been wearing your seat belt, your damages may be reduced or even eliminated.

What is the most important reason to wear a seat belt? You are much more likely to be killed in a car crash when you are not wearing a seat belt. Wearing your seat belt could save your life or the life of a loved one.

Continue reading "Personal Injury Claims Often Damaged by Failure To Use Seat Belt" »