Panama City Florida Injury Lawyer Blog

As we approach July 4, the anniversary of our Declaration of Independence from England, it is worthwhile to consider one of our liberties most in jeopardy. It is our right to trial by jury.

The right to trial by jury is the foundation for both our civil justice and our criminal justice systems. Yet, for years it has been attacked in every state legislature and in Congress. No lawmaker has been so bold as to openly offer legislation abolishing the jury, but by sleight of hand many have sought to accomplish the same. They do it by sponsoring legislation that will immunize privileged classes like doctors and car rental companies from various forms of liability for their wrongdoing. Before these privileged classes are exempted from having a day before a jury, we would do well to remember history.

The concept of trial by jury is over a thousand years old. Its use has been documented in a variety of civilizations. It has been especially prevalent in our American system of justice. When the founders of this country enumerated their grievances in the Declaration of Independence, England's deprivation of trial by jury was in the forefront of their complaints. Later, James Madison famously refused to sign the constitution unless the right to trial by jury was included. The importance of this right is evident by its inclusion as the seventh amendment in our Bill of Rights.

Our founding fathers recognized that the collective wisdom and ultimate judgment of ordinary people, imperfect as it may be, is the most reliable means devised by man to resolve conflicts in American courtrooms. Its advantages over trial by judge only are many, but two will suffice for mention. A jury's composition is unknown in advance, offering some protection from undue influence before or during trial. And an outlandish result is less likely with a jury's collective judgment than with a single judge's whim. Thomas Jefferson made clear the value he placed on trial by jury. He said, "I consider trial by jury as the only anchor yet imagined by man by which a government can be held to the principles of its constitution."

Considering the vision and courage of men like Jefferson, the right to trial by jury, ever under attack by the powerful who seek to obtain even more advantage for themselves, must be honored and defended. Remember this on July 4

Holes in insurance laws and coverage sometimes leave us high and dry in times of need. Last week, I discussed some of those gaps that can ruin our day. As the famous late radio broadcaster, Paul Harvey, would have said, "Now, the rest of the story."

Ways exist to eliminate those insurance holes. For instance, motorcycle riders usually don't get personal injury protection or medical payments coverage on their policies. But sometimes they do, so shopping for the right policy can be incredibly important for these riders' financial health. If you are a biker and can't find a company that will sell these coverages, call me, and I'll tell you which to contact. This is especially important now since so many vehicles are on the road in the summer.

Another hole in coverage exists too often. Many drivers don't bother to buy bodily injury liability insurance coverage to take care of your medical bills, lost wages, and pain and suffering if they negligently hurt you on the road. One night in an emergency room can cost over ten thousand dollars, so take advantage of the cure for this kind of gap in coverage.

Make a note of two letters. They are UM. Look at the declarations page of your own auto insurance policy to see if you have that kind of coverage, or call your agent to ask. UM stands for uninsured and underinsured motorist coverage. If you don't have it, get it now. It will step in and pay for those things I just mentioned if the other guy didn't care enough to buy coverage to compensate you or if he didn't buy enough coverage for that.

I didn't talk last week about a specific coverage called gap coverage, so here is today's bonus. When you finance a car or truck and drive away, you risk its being totally destroyed 2 blocks from the car lot. If so, you'll be upside down with the finance company, because the auto insurance is going to pay you for only its fair market value, that is, street value, not for the financed amount. You can cure that problem by adding gap coverage to your policy. Safe travels.

We take for granted that insurance will take care of us if we're hurt. Since more than half of us will be injured in our lifetimes, that's an important assumption, especially because it's wrong so often. Thinking that an insurance company will step in and be fair is a fallacy. It's in business to make money for its investors, not to pay money to you. Here are some interesting, and maybe startling, facts about holes in insurance laws in Florida.

Motorcycle riders beware. Rarely do your policies cover you for medical expenses and lost wages like auto policies do. Automobile policies have PIP and medical payments coverage provisions that typically pay $15,000 or more of those losses.

In the workplace, an injured employee is ordinarily completely covered by workers' compensation insurance. But the worker can be completely without that protection if the employer wasn't required to buy it. An employer who has less than 3 employees doesn't have to buy workers' compensation insurance. I see cases all the time of roofers or other construction people who thought they would be covered for injuries but weren't.

Florida, unlike many states, doesn't require car owners to buy bodily injury liability insurance to take care of people they hurt on the highways. On the other hand, it does require the purchase of property damage liability coverage. Apparently, the Florida legislature thought that damage to cars is more important than damage to people.

If you're riding in a common carrier, let's call it mass transportation, like a shuttle bus or the local trolley that has more than six seats, you're not protected by PIP coverage that pays for 80% of medical bills and 60% of lost wages. Even if you have that coverage on your car, you can't use it if you're in one of those contraptions. You could if you were riding in someone else's car and got injured.

These gaps in insurance laws can hurt you further. If you know the law, you can protect yourself by buying insurance products to eliminate the gaps.

Continue reading "Gaps in Florida Insurance Laws Can Hurt You" »

Summer officially starts on June 21st, however, the high temperatures we've reached in Panama City tell us summer is already here. Temperatures are reaching the upper 90's with the heat index of 100+. You need to take precautions to make sure you and your family stay cool to avoid heat stroke or other heat related illnesses.

About 400 people die annually from heat stroke. Heat stroke is not necessarily caused by over-exertion, although if not properly hydrated, you can become ill. Heat stroke is caused when your body is unable to regulate its temperature. This could easily occur while sitting in your non-airconditioned living room. Heat-related illnesses can affect people differently. Certain medical conditions as well as medications can contribute to a higher risk of illness. Those with chronic health conditions, such as cardiovasular diseases, diabetes, as well as the elderly, may find their tolerance to heat is much lower.

To avoid heat stroke, take precaution to keep your body temperature regulated. Your body will cool itself, however in extreme heat such as what we are currently experiencing, it may need a little help.

• Avoid going outdoors at the hottest time of the day, if possible. If you have yard work or other chores, plan to do them first thing in the morning or after 4pm when the sun is not directly on you.


• Drink plenty of water and avoid carbonated beverages and alcohol. Gatorades or other mineral replenishing beverages are good.


• Increase your intake of foods rich in potassium, which is said to reduce your risk of strokes and help to reduce your blood pressure.

Signs of heat stroke include dizziness or fainting, heavy sweating, muscle cramps, cold or clammy skin, headaches, rapid heartbeat and nausea. If you experience these symptoms, you should immediately take steps to reduce you body temperature. Drink cool fluids and a cool, not cold, shower will help reduce your body temperature without the shock of cold water. A cool rag on your head and neck will also help. If these methods do not help, seek medical treatment immediately.

Also, if you have elderly family members or neighbors, be sure to check on them throughout the summer season since they are a high risk to heat-related illnesses. Stay cool and enjoy the summer.