Syfrett & Dykes | Panama City, Florida Personal Injury Attorneys

You’ve probably heard that statement many times before. Waiting for a deposition to start recently that old adage became even clearer to me. A deposition is where the attorneys go and talk to a witness prior to trial to learn what the witness is going to say at trial. The witness is under oath so his story can’t change later without sacrificing his/her credibility. As we were waiting to start, I heard the Defense attorney make an interesting statement. His statement was it is “always easier to tear down than it is to build.” In today’s legal world that couldn’t be any more accurate. For the injured person to make a recovery and receive justice after their accident, they literally have to build their case. In building their case, they have the burden of producing evidence evidence to support each and every element of their claim and that evidence has to be strong enough and persuasive enough to convince a jury that the injured party is entitled to justice.

What does the Defense/Insurance company have to do? Tear down the injured party’s case. Find any weaknesses. Exploit the weaknesses. Attack the weakness. Dig. Dig. Then dig some more. Create confusion, uncertainty and doubt in the mind of the juror’s and the foundation of the case is crumbling. Net result – the insurance company pays less or nothing on the claims and makes larger profits. The injured party does not receive justice or they are forced to settle their claim at a substantial discount. Don’t let this happen to you! Get good solid information about how injury cases are handled and what you really need to do to protect yourself and your rights. Don’t go it alone. The insurance company has been practicing and while they are not perfect at defeating claims – they are very, very good at it. Good luck with your case and if I can answer any questions call me at (850) 785-3400. Take care and God Bless! Doug

I know the title is a mouthfull but it is a good question and a common question that I ran into the other day. I am always telling everyone to buy uninsured motorist coverage and to buy all they can. If the other driver is at fault, uninsured motorist coverage can help you pay medical bills, recover past and future lost wages, recover for your past and future pain and suffering, recover future medical bills. It does so much more than health insurance coverage do that you MUST have it on your automobile insurance. The concept that all uninsured motorist coverage does is pay medical bills is not the complete picture.

Still not convinced? Here is the more encouragement. Call your auto insurance agent today and ask – Do you have uninsured motorist coverage on your personal vehicle? If the answer is not YES, then I will be shocked. Still not convinced? What happens if you lose your job and you no longer have health insurance coverage? Then, you pay for your future medical bills – not your health insurance plan. Finally, as stated don’t forget UM can also help with lost wages in the past and in the future. Again, this is something health insurance will not do. If you have any questions about this coverage or any question about autombile insurnce then all you have to do is give me a call at 850-785-3400. Good luck and God Bless! Doug

All personal injury cases at Syfrett & Dykes Law Offices are handled on a contingency fee basis. This means the payment of any attorney’s fees are dependent upon the ultimate outcome of the case. If successful, then the attorney will be paid a percentage of the total amount recovered for the client. Put another way, the client is protected because the client never pays any attorney’s fees or costs unless a recovery is made for them. Additionally, pursuant to the Rules Regulating the Florida Bar there are additional requirements for contingency fee contracts in personal injury cases. Some of the additional requirements are that they must be in writing, the percentages allowed are controlled by the Florida Bar, and the client has three business to cancel the contract with no penalty whatsoever.

Because of the contingency fee contract, the client is guaranteed they will not be charged anything for the attorney’s time or costs unless the client makes a recovery in their case.

For this or any other questions you might have about any personal injury case, automobile accident, or insurance law question please call us today at 850-785-3400.

By now you’ve probably seen it – the ending scene to the Allstate commercial where the Plaintiff is successful (a verdict in favor of the injured party) and the family realizes they don’t have enough insurance to pay the judgment. The Plaintiff’s attorneys looks at the Defense attorney and the Defendant (at fault party) and in essence says we will get our money even though there is not enough insurance. “We know they have “college funds, retirements accounts . . . we will get our money”. If this is not a NIGHTMARE unfolding then I don’t know what is.

In my opinion, this commercial simply is NOT true for several reasons. The commercial is designed to do at least three things.
1. Sell more insurance and if you have to scare people to do it then so be it.

2. Decrease the amount of compensation for injured people because the thought of someone losing their college fund or retirement fund is a frightening thing. Put another way, if you can sell even more insurnace and then have even less claims or lower valued claims it is a GREAT day from a business standpoint.

3. Present a picture that Allstate has no responsibility if the verdict exceeds their insured’s policy limits.

Now, for the rest of the story.

1. Allstate is a multi BILLION dollar company. They are very good at what they do and this commercial which is designed to sell more insurance is a prime example of just how good they are at what they do.

2. Because Allstate must pay when the verdict is rendered – doing anything and everything they can to decrease jury verdicts is always a part of their business plan. The less they pay out in claims or jury verdicts the more money they make.

3. In Florida, insurance companies have an obligation to settle cases within their policy limits when they “could have and should have” done so. If they have this opportunity, which they get in virtually all cases and they refuse to settle, then they can not just walk away when an excess verdict is rendered. An excess verdict is a verdict for more than the insured’s (Defendant’s policy limits).

For more on this topic, please feel free to read the Insurance Company Agenda in The Ultimate Consumer Guide to Personal Injury Cases found at our website.

Under Florida law all drivers SHOULD carry Personal Injury Protection Coverage (commonly referred to as PIP) on their vehicles. This coverage pays 80% of the first $10,000 in medical bills. After PIP expires we then look to see if our client purchased Medical Payments Coverage (MPC) on their automobile policy. If so this coverage will pay the 20% not paid by PIP and it will also continue paying (up to the amount purchased) any bills not paid by PIP.

After PIP and MPC have exhausted we then look to see whether or not our client has any health insurance such as BCBS, Aetna, a Group policy with their employer, TRICARE or Medicare and/or Medicaid. If these are available then all medical bills should be sent their for payment waiting on the time that the personal injury/automobile accident case is resolved.

The primary coverage the other driver (at-fault party) carries to assist in the event of medical bills and serious injuries after an accident is bodily injury liability coverage or BI. The other coverage our client may have purchased that can also help is known as uninsured or underinsured motorist coverage.

For more on the various types of automobile insurance coverage, how they work and what they do please see attorney Douglas Dykes’ book – the Ultimate Consumer Guide to Automobile Insurance Florida. This book is available for download on this site and you can also read excerpts from this book on our site as well. To see the videos on our site that address the questions of medical bills after an accident simply visit the numerous vidoes found on our blog or our website.

At Syfrett & Dykes Law Offices we don’t believe our job is done until we have explored all the possible avenues for payment of our client’s medical bills and made sure no stone is unturned. We have been down this road many times before as we work to help our clients in the past and today. We would be happy to help you with any questions you may have regarding payment of your medical bills after being injured in an automobile accident, motorcycle accident, pedestrian accident, bicycle accident or other type or personal injury or wrongful death case. Please give us a call today at (850) 785-3400 or send us an e-mail now.

As a motorcycle enthusiast, you should know that Florida personal injury protection coverage (PIP) does not apply to motorcycles. Therefore, there is no automatic payment of your medical bills in the event of an injury.

At Syfrett & Dykes Law Offices we understand that the motorcycle injury case is not necessarily the same thing as an automobile accident or car wreck injury case. First, the potential hazards the motorcycle driver is faced with are much greater than the normal car driver. We understand that motorcycles are not always seen by other drivers. We understand that injuries from a motorcycle accident may be much more severe than in an automobile accident.

In addition, we understand Florida law as it pertains to the motorcycle driver and his/her rights on the road. Specifically, a motorcycle is entitled to the full lane of travel under Florida law – see Florida Statute 316.209(1) below. We also understand that the need to investigate the motorcycle injury case promptly and thoroughly is critical. With construction being constant on Florida’s roadways promptly making documenting the scene of the crash with photographs, videos, and measurements is something we take very seriously. In addition, we believe nothing replaces visiting the scene where the crash occurred. We set out to do this promptly as we begin our investigation to all our cases. On more than occasion we have discovered additional evidence that has assisted our client in the success of their case. Going to the scene promptly after the accident may reveal something about the traffic pattern, other hazards in the roadway, and it may also reveal names and information from witnesses who are aware of the crash and the facts surrounding the crash but were not listed on the police report.

In addition, to our investigation we understand it is also critical to begin photographing the injuries our client has sustained immediately. We also obtain copies of all x-ray reports, MRI reports, CT scans, and other diagnostic reports that are available that further document and substantiate our client’s injury case. When appropriate we also obtain medical illustrations, colorized x-rays, colorized MRIs and other exhibits regarding important injuries and/or issues in our client’s cases.

We are also well aware of the tremendous power video can and does make in the minds of the insurance adjuster and ultimately the jury. We have great relationship with a Professional Videographer who lives and works right here in Panama City. He is professional, courteous and prompt and he understands what must be highlighted about our client’s injury case to help us successfully recover full compensation on our client’s behalf.

We will be happy to share with you some of the client videos we have prepared in the past. Please call Syfrett & Dykes at 850-785-3400 for more information on this or any personal injury questions.

1. Who will pay for your car to be fixed? If the other side was 100% at fault and if they have the right kind of insurance coverage, then they should pay to fix your car. In Florida, if the other driver is driving legally (with even the minimum insurance) then they should have $10,000 in Property Damage Liability Coverage and this will help pay for your car. If you have difficulty with the other person’s insurance company and you have collision coverage on your vehicle then call your own insurance company and ask them to fix your car.

2. Do you have to give the insurance company a taped statement? If it is your insurance company, then the answer is probably yes, but you have every right to have your attorney present. If it is the other driver’s insurance company, then the answer is no. You are under no obligation to give the other driver’s insurance company a taped statement.

3. Should you speak with an attorney before you give a taped statement? Absolutely! Talking with an attorney in person, and having that attorney present when you give a taped statement is the smartest thing you can do.

4. What about my lost wages? In Florida, your PIP coverage (Personal Injury Protection) will pay 60% of your lost wages that are a result of your automobile accident. As with most insurance however, this is not automatic. Your employer has to complete a wage history form showing your wages. Your doctor has to complete a form that certifies you have missed work due to the crash. Please note PIP coverage expired on 10/1/2007 so this may or may not be available when you are reading this.

5. What if the other driver was at-fault and my medical bills exceed my own PIP (no-fault) benefits? If the other driver had Bodily Injury Liability Coverage then that can help with your medical bills. Under Florida Law, the other driver’s insurance company has to disclose this information to you. Also, regardless of the kind of coverage the other driver has, if you have Uninsured Motorist Coverage, commonly referred to as UM/UIM then you are protected.

6. How do I know if I have a personal injury case? Each case is different, but there are a few questions you can ask yourself. Is it clear that the other side was at fault or mostly at fault for the crash? Do you notice a significant difference in the way you feel versus how you felt before the crash? Do you have pain and discomfort on a regular basis that you did not have before? Do you have medical bills and/or lost wages that exceed $5000? Have you already had a surgery or is there a strong possibility that you will need surgery? The more times you have answered yes to these questions, the more likely you are to have a Personal Injury Case.

7. How long do personal injury cases take? Generally speaking, personal injury cases last anywhere from six to eighteen months. Most people need to see their doctor and receive treatment for some period of time before the doctor can say with any degree of certainty how the injury has affected them already and how it will affect them in the near future. The attorney typically cannot work on resolving the case with the at-fault party until the treatment is completed and a clear picture of the client’s injuries are present.

8. If it takes so long, why do I need an attorney now? Because the insurance companies have attorneys and claim’s adjusters working for them from the day you were injured. Unfortunately, the insurance company wants to see you make as many mistakes as possible because this decreases the value of your claim. If you give a taped statement without knowing what the insurance adjuster is really trying to do you may be unaware that your words can decrease the value of your case.

9. How much is my case worth? This question depends on several factors. First, what is your injury? (We generally won’t know this until you are done with treatment.) How much are your medical bills? How much are your lost wages? How has the accident affected your daily life, your job, your family? How clear is the liability? Does the other driver have adequate insurance coverage? Do you have adequate insurance coverage?

10. Why is insurance so important in a case? Because I want you to understand how much is really at stake. Insurance companies are in business to make money. Their goal is to settle your case with you for the least amount possible. They train their adjusters to do what they can to minimize your case value because it is in their business interest. I’ll do what I can to protect you because I work for you and your best interest.

“Police Chase Ends in Wrongful Death of Innocent Motorist…”

Sadly, this is a headline we have already read a few times this year. There is another story to this issue that probably will not make the headlines, but it deserves attention nonetheless.

In 2006 the Florida Legislature gave police additional legal protection in the area of police chases. In the Florida Wrongful Death Act, the burden for causing someone else’s death should be borne by the person who caused the wrongful death. Granted, we can all agree that the motorist who fled when the lights and sirens were turned on should have stopped. At this point, all the facts are not known and it may well be that the all the fault starts and stops with the fleeing motorists. I learned a long time ago that making a decision without all the facts is problematic.

Though the facts are still being reviewed, the law was changed effective June 20, 2006. Police agencies are not liable for injury, death, or property damage effected or caused by a person fleeing from a law enforcement officer in a motor vehicle if:

1. The pursuit is conducted in a manner that does not involve conduct by the officer which is so reckless or wanting in care as to constitute a disregard of human life, human rights, safety, or the property of another;

2. At the time the law enforcement officer initiates pursuit, the officer reasonably believes that the person fleeing has committed a forcible felony as defined in s. 776.08; and

3. The pursuit is conducted by the officer pursuant to a written policy governing high-speed pursuit adopted by the employing agency. The policy must contain specific procedures concerning the proper method to initiate and terminate high-speed pursuit. The law enforcement officer must have received instructional training from the employing agency on the written policy governing high-speed pursuit.

The law cited above comes from Florida Statute § 768.28(9)(d)1, 2, 3 and the Florida Wrongful Death Act starts at Florida Statute §768.18 and ends at §768.27.

All citizens of Florida should be aware of this dramatic change from one section of law to the next!

Motorcycle accidents present unique challenges for an attorney. The first is a tendency by some people to believe that many, if not all, motorcycle drivers drive carelessly or recklessly. We understand the real issue is what happened in your accident.

Florida law provides for several duties of other motorists toward motorcycle operators. It also provides several rights for motorcycle operators. We have used these laws and our experience in successfully representing people injured while operating motorcycles. To discuss your case or to learn more about the cases we have handled and the specific results we achieved please contact us.

Some of the specific Florida laws we have used successfully are listed below.

Title XXIII
MOTOR VEHICLES
Chapter 316
STATE UNIFORM TRAFFIC CONTROL

316.208 Motorcycles and mopeds.–

(1) Any person operating a motorcycle or moped shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of any other vehicle under this chapter, except as to special regulations in this chapter and except as to those provisions of this chapter which by their nature can have no application.

(2)(a) Any person operating a moped upon a roadway at less than the normal speed of traffic at the time and place and under the conditions then existing shall ride as close as practicable to the right-hand curb or edge of the roadway except under any of the following situations:

1. When overtaking or passing another vehicle proceeding in the same direction.

2. When preparing for a left turn at an intersection or into a private road or driveway.

3. When reasonably necessary to avoid any condition, including, but not limited to, a fixed or moving object, parked or moving vehicle, bicycle, pedestrian, animal, surface hazard, or substandard-width lane, that makes it unsafe to continue along the right-hand curb or edge. For purposes of this paragraph, a “substandard-width lane” is a lane that is too narrow for a moped and another vehicle to travel safely side by side within the lane.

(b) Any person operating a moped upon a one-way highway with two or more marked traffic lanes may ride as near the left-hand curb or edge of such roadway as practicable.

(3) A person propelling a moped solely by human power upon and along a sidewalk, or across a roadway upon and along a crosswalk, has all the rights and duties applicable to a pedestrian under the same circumstances, except that such person shall yield the right-of-way to any pedestrian and shall give an audible signal before overtaking and passing a pedestrian.

(4) No person shall propel a moped upon and along a sidewalk while the motor is operating.

(5) A violation of this section is a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318.

History.–s. 1, ch. 71-135; s. 1, ch. 76-31; s. 8, ch. 87-161; s. 163, ch. 99-248.

Note.–Former s. 316.127

Title XXIII
MOTOR VEHICLES
Chapter 316
STATE UNIFORM TRAFFIC CONTROL

316.209 Operating motorcycles on roadways laned for traffic.–

(1) All motorcycles are entitled to full use of a lane and no motor vehicle shall be driven in such manner as to deprive any motorcycle of the full use of a lane. This subsection shall not apply to motorcycles operated two abreast in a single lane.

(2) The operator of a motorcycle shall not overtake and pass in the same lane occupied by the vehicle being overtaken.

(3) No person shall operate a motorcycle between lanes of traffic or between adjacent lines or rows of vehicles.

(4) Motorcycles shall not be operated more than two abreast in a single lane.
(5) Subsections (2) and (3) do not apply to police officers or firefighters in the performance of their official duties.

(6) A violation of this section is a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318.

History.–s. 1, ch. 71-135; s. 1, ch. 76-31; s. 165, ch. 99-248; s. 1, ch. 2003-92.

Note.–Former s. 316.109.