Recent Blog Posts

Motorcycle Accident Closes Southbound Lanes of A1A In Indialantic

Layman Law Firm, P.L. — Thu, 10 May 2012 20:40:00 GMT

According to the Florida Today newspaper, a motorcycle accident on Thursday, May 10, 2012 caused both southbound lanes of State Road A1A to be shut down in Indialantic, Florida. The accident occurred between a motorcycle and a car. The motorcyclist was transported to Holmes Regional Medical Center in Melbourne, Florida with serious personal injuries. The car accident happened about 9 a.m. at State Road A1A and Joan’s Place, in front of St. Mark’s Methodist Church. Both southbound lanes of A1A were closed for over 2 hours. The exact details of how this motorcycle accident occurred are unknown at this time. To learn more about car accidents or motorcycle accidents or to speak to an attorney or a lawyer about a personal injury or wrongful death claim, click on the following link or contact Layman Law Firm, P.L.: http://www.palmbaypersonalinjurylawyer.com/Personal-Injury/Motorcycle-Accidents.aspx

19-Year-Old Airlifted To Hospital Following Cocoa, Florida Car Accident

Layman Law Firm, P.L. — Wed, 02 May 2012 21:06:00 GMT

According to the Florida Today newspaper, a car accident occurred around 6 :00 a.m. on April 24, 2012 at or near the intersection of U.S. 1 and Michigan Avenue in Cocoa, Florida. According to the article, an unidentified driver of a pickup truck attempted to pass a vehicle on U.S. 1 and lost control. The pickup truck then veered into a traffic light pole causing the driver to suffer a head injury. The driver of the pickup truck, a 19-year-old man, sustained serious personal injuries and was airlifted from the scene to Holmes Regional Medical Center in Melbourne, Florida. It is unknown if any other motorists where injured as a result of this car accident. To learn more about Cocoa, Florida car accidents or a personal injury sustained in a Cocoa, Florida car accident, click on the following link or contact Layman Law Firm, P.L.: http://www.palmbaypersonalinjurylawyer.com/Personal-Injury/Car-Accidents.aspx

U.S. 1 Car Accident Kills One, Injures Others

Layman Law Firm, P.L: — Sun, 15 Apr 2012 21:01:00 GMT

According to the Florida Today newspaper, a 49-year-old Palm Bay woman was killed in a two-vehicle car accident in Melbourne late Wednesday, April 12, 2012. The deadly car accident happened at about 8:30 p.m. as a silver Dodge Intrepid was traveling north on U.S. 1 and attempted to make a turn at the intersection of Masterson Street, according to Melbourne Police traffic investigators. Investigators said tthat he unidentified driver of the Intrepid turned left into the path of a Toyota Tundra heading south on U.S. 1. The passenger in the Intrepid died from her injuries in the car accident. Evidently, the crash was so violent, Melbourne firefighters had to cut the dead woman from the wreckage. It is unknown at this time whether the dead woman was wearing a seatbelt. The occupants of the Tundra also sustained personal injuries as a result of the car accident. To learn more about car accidents or to speak to a lawyer or an attorney about a personal injury or wrongful death arising from a car accident, click on the following link or contact Layman Law Firm, P.L.

Man Dies In Car Crash At Aurora/Wickham Intersection

Layman Law Firm, P.L. — Mon, 09 Apr 2012 14:25:00 GMT

Melbourne Police Department is investigating a fatal car accident that happened on Wickham Road in Melbourne, Florida at approximately 11:49 p.m. on Saturday, April 7, 2012. The car accident occured at the intersection of Wickham Road and Aurora Road. A 32 year old man was driving a 1996 Cadillac Deville northbound on Wickham Road at a high rate of speed when he for unknown reasons, drove off the roadway to the west and crashed into a large concrete pole causing severe damage to the Cadillac and himself. The man was transported from the scene of the accident to Wuesthoff Hospital in Melbourne, Florida where he later died from the injuries sustained in the car accident. Officials said they believe the man had just been embroiled in some sort of domestic disturbance with his family members. To learn more about car accidents or to speak to a lawyer or an attorney about a personal injury or wrongful death arising from a car accident, click on the following link or contact Layman Law Firm, P.L.: http://www.palmbaypersonalinjurylawyer.com/Personal-Injury/Car-Accidents.aspx

Wild Hogs Causing Car Accidents In Brevard County

Layman Law Firm, P.L. — Tue, 03 Apr 2012 13:34:00 GMT

According to Central Florida News 13, wild hogs in Brevard County are causing damage, costing money and threatening drivers on major area roadways. Incidents of drivers hitting wild hogs is on the rise. In September of 2011, a Cocoa, Florida woman struck a large black hog that darted in front of her car on State Road 520. Likewise, in December of 2011, a Florida Highway Patrol trooper hit a wild hog on State Road 46. The car accident caused about $1,200 in damage to his trooper's cruiser. According to the Florida Department of Transportation (DOT), over a dozen wild hogs have been caught near the Pineda extension off I-95.

In addition to the hazards the wild hogs cause to motorists, they are also very destructive due to their rooting and wallowing tendencies. Hogs root up the ground to unearth food and they wallow in dirt and mud to cool off and to soothe their skin due to their lack of sweat glands. A section of a retention pond near the new Pineda extension had to be re-sodded twice because the hogs tore up the ground. DOT reports this damage has cost the contractor roughly $5,000.00.

The wild hogs pose a serious threat to motorists especially between dusk and dawn when the hogs are most active. In Brevard County, troopers have seen an influx in cars hitting animals, usually wild hogs or deer but some incidents of motorists striking alligators, cranes, horses and cows have also been reported.

To learn more about car accidents involving animals or to speak to an attorney or a lawyer about a personal injury stemming from a car accident involving an animal click on the following link or contact Layman Law Firm, P.L.: http://www.palmbaypersonalinjurylawyer.com/Personal-Injury/Overview-of-Personal-Injury-Law.aspx

Woman Swerves To Avoid Dog...Kills 19 Yr Old Merritt Island Man

Layman Law Firm, P.L. — Tue, 20 Mar 2012 21:17:00 GMT

According to Central Florida News 13, a woman who swerved to avoid a dog caused a car accident that killed a Central Florida man Friday, March 16, 2012. According to Florida Highway Patrol, a dog ran out in front of the 69-year-old woman’s car Friday night on North Banana River Drive. Troopers said the woman veered into the oncoming lane as she attempted to avoid hitting the dog. FHP says the woman’s car struck the dog anyway, along with the front of a pickup truck driven by a 19-year-old Merritt Island, Florida man. The 19-year-old's truck flipped over and came to rest on its roof. A 17-year-old passenger in the truck also sustained personal injuries as did the 69-year-old woman who caused the car accident. FHP says the 19-year-old and the dog both died at the scene. According to an FHP report, alcohol was not a factor in the crash but charges are pending. To learn more about car accidents or to speak to a lawyer or an attorney about a personal injury or wrongful death that was caused by a car accident, click on the following link or contact Layman Law Firm, P.L.: http://www.palmbaypersonalinjurylawyer.com/Personal-Injury/Car-Accidents.aspx

Summary of 2012 Changes to Florida's PIP Statute

Layman Law Firm, P.L. — Fri, 16 Mar 2012 13:38:00 GMT

The onerous PIP legislation that passed late last Friday night was concocted behind closed doors and was not available for public viewing until 7:30 p.m. that evening. Soon after it was unveiled, it was branded as a "compromise measure," then rushed through the House almost immediately. Then, after a furious flurry of lobbying, heavy arm-twisting by the Governor himself and much heated debate in the Senate, it barely escaped defeat by that body by just one vote. It passed at 10:30 that same evening. While the insurance industry is heralding the sweeping revisions to the PIP statute as a victory in the war on fraud, they are secretly celebrating knowing full well that the changes to the PIP statute will mean soaring profits for the insurance companies and their investors. Most Floridians have no idea what negative impact the new PIP law will have upon them if they are involved in an automobile accident. To render it down to its purest form, most accident victims will see a 75% reduction in PIP benefits even though they will continue to pay the same premium for this state-mandated coverage. What follows is a very basic summary of the changes to the PIP statute which takes effect for policies issued or renewed after July 1, 2012:

-The accident victim must seek treatment within 14 days of the accident.

-The insured is allowed to seek his/her full $10,000.00 in PIP benefits only if he/she is diagnosed with an "Emergency Medical Condition (EMC)"

-EMC is defined as:

-Acute symptoms of sufficient severity such that the absence of immediate medical attention could reasonably be expected to result in:

SERIOUS jeopardy to patient health

SERIOUS impairment of bodily function

SERIOUS dysfunction of any bodily organ or part.

-Only an M.D., D.O., P.A or ARNP is authorized to make the diagnosis of EMC

-Massage therapy by a licensed massage therapist and acupuncture treatment is not reimbursable at all under the new PIP statute

-If the insured is not diagnosed with an EMC or if the insured wants to seek treatment initially with a chiropractor, the patient gets to use up to $2,500.00 in PIP benefits.

-The insured gets $0 in PIP benefits if he/she seeks treatment beyond the 14 days after the motor vehicle accident

-While the bill appears to include diagnostics such as x-rays and mri scans in the $2,500.00 limitation, the bill is ambiguous in that regard

-The insurance company gets an additional 60 days to pay benefits if it "suspects" insurance fraud. There is no definition or test as to what "suspect" means in the statute

-The bill allows the insurer to use Medicare coding policies and payment methodologies to further reduce bills

-While the bill requires an insurer to furnish a PIP log to the insured or provider, it only must do so "if litigation commences"

-An insured must sit for an examination under oath (EUO) as a condition precedent to receiving benefits. In other words, before the provider gets paid for his/her services, the patient has to sit, if requested by the insurance company, for an EUO

-No attorney fee multipliers are allowed

-The bill failed to incorporate the Senate's 25% rate rollback for consumers

2 Killed, 1 Injured in Three Vehicle Crash On I-95

Layman Law Firm, P.L. — Fri, 16 Mar 2012 13:12:00 GMT

According to the Florida Today newspaper, two people died in a three-vehicle accident around 2:28 a.m. this past Saturday morning (March 11, 2012) on Interstate 95 in southern Brevard County. The car accident took place approximately 5 miles south of the Malabar Road exit in Palm Bay, Florida. Reportedly, a 2011 Volkswagen Jetta was traveling south on I-95 when it rearended a 1983 Datsun pickup truck being driven by a 58 year old Palm Bay, Florida man. This collision caused the pickup truck to overturn and come to a rest on the right shoulder of the roadway. The Jetta stopped in the middle of the southbound lane where it was then hit by a tractor-trailer. Both the Jetta and the tractor-trailer traveled off the roadway after the impact and into the woods. The occupants of the Jetta were a 22 year old Maitland, Florida man and a 24 year old Davie, Florida woman. The 58 year old Palm Bay driving the pickup truck sustained serious personal injuries and was taken to Holmes Regional Medical Center in Melbourne, Florida. The driver of the tractor trailer sustained what was reported as minor injuries and was taken to Palm Bay Community Hospital. To learn more about car accidents, trucking accidents or wrongful death claims or to speak to a lawyer or an attorney about a personal injury sustained in an accident, click on the following link or contact Layman Law Firm, P.L.: http://www.palmbaypersonalinjurylawyer.com/Personal-Injury/Car-Accidents.aspx

The Continued Erosion of PIP Coverage In Florida

Layman Law Firm, P.L. — Fri, 09 Mar 2012 19:15:00 GMT

It is the time of year again when greedy insurance companies are lobbying the Florida legislators in an attempt to leverage changes to Florida's PIP statute to increase insurance company profits while decreasing and diluting insurance coverage to the point where it is virtually nonexistent. Welcome to the 2012 Florida legislative session. There is both a House bill and a Senate bill floating around Tallahassee both of which contain very draconian changes to the PIP statute. In other words, they are pro insurance company changes and anti consumer changes. The changes proposed would most likely keep premiums the same or worse yet increase them while drastically reducing the coverage itself and all but eliminating any consumer choices in types of treatment desired. In years past, a person injured in a car accident was free to choose whatever type of treatment they desired to treat their accident-related injuries, including, hospitals, medical doctors, doctors of osteopath, chiropractors, massage therapist, acupuncture and even faith healing.

Some of the changes being proposed in the House and Senate bill look like they were drafted by the CEO's of State Farm, Allstate, Progressive, USAA, The Hartford and Liberty Mutual. In fact, when these bills were first presented to the sub-committees in the House and Senate, I wonder how they were presented with a straight face. Some of the anti consumer changes proposed include: the complete elimination of reimbursements for acupuncture, chiropractic and massage therapy; a cap on chiropractic care of $2,500.00; a triggering device to activate PIP by having to go from the scene of the accident straight to the emergency room, reimbursements limited to only hospitals that treat auto accident victims and discussions of having a treating physician testify under oath before treatment could be initiated that the proposed medical care and treatment was reasonable and necessary.

If any or all of these proposed changes are indeed passed and become part of the new PIP statute it will be the next step in what is becoming an alarming trend of big business and the profits they so deeply desire stepping on and completely squashing the everyday citizens of Florida. The 2012 Legislative Session ends today (March 9, 2012) so we should know by day's end whether Florida's PIP statute as we know it stays the same, is on life-support or pronounced dead.

Man On Bike Dies Following Palm Bay Road Accident

Layman Law Firm, P.L. — Mon, 05 Mar 2012 22:53:00 GMT

According to the Florida Today newspaper, a 40 year old man was killed in the early morning hours of Monday, March 5, 2012 around 6:50 a.m. The man was riding a bicycle and was attempting to cross a darkened stretch of Palm Bay Road and was struck and killed by an eastbound 1992 Chevrolet pickup truck. The accident occurred near the intersection of Palm Bay Road and Clearmont Street. The 40 year old man was reportedly found in the roadway with a massive head injury as a result of the car accident. It is unknown at this time whether or not the bicyclist was wearing a helmet. To learn more about bicycle accidents or to speak to lawyer or an attorney about a personal injury or wrongful death arising from a bicycle accident, click on the following link or contact Layman Law Firm, P.L.: http://www.palmbaypersonalinjurylawyer.com/Personal-Injury/Bicycle-Accidents.aspx

2 Year Old Drowns In Tortoise Island Pool

Layman Law Firm, P.L. — Mon, 05 Mar 2012 22:31:00 GMT

According to the Florida Today newspaper, a 2 year old boy drowned in a swimming pool Saturday, March 3, 2012. The drowning took place in the 300 block of Lanternback Island Drive in the upscale beachside community of Tortoise Island. Reportedly, the 2 year old's mother and other adults were supervising the boy and his three siblings playing outside and went into the home for one to two minutes. When they returned outside, they found the 2 year old boy in the swimming pool. To learn more about drowning and/or water accidents, click on the following link or contact Layman Law Firm, P.L.:http://www.palmbaypersonalinjurylawyer.com/Personal-Injury/Pool-Drowning-Accidents.aspx

Woman Could Lose Arm And Both Legs From Pit Bull Attack

Layman Law Firm, P.L. — Fri, 10 Feb 2012 21:20:00 GMT

According to Yahoo.com, an Orlando woman could lose both her legs and an arm after being mauled by a pit bull on Friday, February 10, 2012. Investigators said the dog attack occurred at a house on 30th Street in Orlando, Florida. Evidenty, residents of the home were there when a friend of the dog's owners brought the woman to the house. For some unknown reason, the pit bull dog attacked the woman. Reportedly, the vicious attack lasted almost five minutes. The dog was removed from the scene by Orange County Animal Services. The man who brought the woman into the house was arrested and charged with negligence. The attack was so gruesome that the woman is in danger of losing both legs and an arm. To learn more about dog bite cases or to speak to an attorney or a lawyer about a personal injury sustained in a dog bite case, click on the following link or contact Layman Law Firm, P.L.: http://www.palmbaypersonalinjurylawyer.com/Personal-Injury/Dog-Owner-Negligence.aspx

The Importance of GAP Insurance

Layman Law Firm, P.L. — Thu, 09 Feb 2012 21:13:00 GMT

If you are involved in a serious car accident and your car is deemed a total loss, this in and of itself is stressful. You may have sustained personal injuries, you may be missing time from work and on top of all that, your car has been destroyed. Not to worry you think, the insurance company will pay for my totaled car, I'll buy another car and everything will be fine. This is often the feeling many of our clients convey to us after having been involved in a car accident. While this may seem like a very simple concept, issues can arise when the value of your car is less than what is owed to a bank. For instance, let's assume that you bought a car and borrowed $10,000.00 to purchase the car one year ago. The balance on this loan at the time of the car accident is $8,000.00. However, the value of your car is only $7,000.00. This is a situation where the insurance company would issue a check for $7,000.00 and you would be required to pay your bank the remaining $1,000.00 to fully satisfy your loan obligation. So after the accident, you are $1,000.00 out of pocket and you have no car and most likely no money to purchase a replacement vehicle.

There is a very simple and inexpensive solution to this problem and that is to purchase GAP insurance. GAP insurance can be purchased when you purchase your vehicle and is often times incorporated into a bank loan. GAP insurance pays the difference between what a car is worth and what is owed to the bank. In the above-referenced scenario, if GAP insurance had been purchased, the insurance company would pay what the car is worth ($7,000.00) and the GAP insurance would pay the bank the difference in what the car is worth ($7,000.00) and what is owed on the car ($8,000.00) or in this example, $1,000.00. GAP insurance is a very important coverage that can be purchased at very little cost; however, it can deliver huge dividends if you find yourself in an "upside down" situation with your car after you have been involved in a car accident. If you have been in a car accident and need assistance navigating through all of the insurance company mazes, contact one of our experienced attorneys at Layman Law Firm, P.L.

Off-Duty Cop Injured in Early Morning Car Accident

Layman Law Firm, P.L. — Wed, 01 Feb 2012 01:07:00 GMT

According to the Florida Today newspaper, an off-duty Cocoa Beach police officer was seriously injured on Monday, January 30, 2012 after his Corvette crashed into the back of a pickup truck just south of the main gate at Patrick Air Force Base. Four people in total sustained personal injuries arising out of thiscar accident. The accident happened at approximately 2:00 a.m. on State Road A1A. The Corvette was traveling southbound on A1A when it rearended a pickup truck. The Corvette evidently flipped over at least one time as a result of this car accident. The off-duty police officer, as well as the driver and two passengers in the pickup truck, all sustained personal injuries. All of the people involved in thiscar accident were wearing seatbelts at the time of thecar accident. It is unknown if alcohol or drugs played a part in this car accident although the results of a blood draw were pending on the off-duty officer. To learn more aboutcar accidents or to speak to a lawyer or an attorney about a personal injury sustained in a car accident, click on the following link or contactLayman Law Firm, P.L.: http://www.palmbaypersonalinjurylawyer.com/Personal-Injury/Car-Accidents.aspx

Pedestrian Dies Following Industry Road Accident

Layman Law Firm, P.L. — Wed, 25 Jan 2012 15:11:00 GMT

According to the Florida Today newspaper, a 25 year old man died after being hit by two vehicles while attempting to cross Industry Road near the S.R. 528 overpass. The fatal pedestrian accident occurred at approximately 6:45 a.m. on January 23, 2012. Early reports indicate that visibility was limited due to a combination of darkness and fog. The 25 year old man was transported to Holmes Regional Medical Center in Melbourne, Florida via ambulance. The accident forced the closure of the northbound lane of Industry for five hours as police officers cleared the scene and performed their investigation. To learn more about pedestrian accidents or to speak to a lawyer or an attorney about a personal injury or wrongful death matter arising from a car accident or pedestrian accident, click on the following link or contact Layman Law Firm, P.L.: http://www.palmbaypersonalinjurylawyer.com/Personal-Injury/Pedestrian-Accidents.aspx