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Weekend Visitation or kidnapping?

A couple of weeks ago a client called me to let me know that her soon-to-be ex-husband had failed to return the kids from a weekend visitation. Although she didn't believe that he would hurt the kids, she was still extremely distraught. I advised her to call the police and let them deal with the situation. Unfortunately, the police didn't do anything because an Order on visitation had not yet been entered.

We have since rectified the situation and the kids are now safely at home with their mother. But a lot of attorneys may wonder why I insisted that my client call the police.

There is a glaring example out of Missouri today for why I felt the need to call the police. It seems that Mr. Dan Porter decided to do the same thing that my client's husband did - only he shot his kids in the woods and let them go missing for three years. It's an extremely sad story, and one that I hope none of my clients will ever have to go through.

But just to make sure, next time my client calls to let me know that their spouse failed to return the kids from visitation - I'm calling the police again.

Read the full story on CNN here.

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10/9/2007
Jim Hart
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New Florida PIP Law approved

Ok, we can take a deep breath. PIP is saved, for now at least. Last week the Florida Legislature approved a bill that would reenact the PIP/No-Fault statute effective January 1, 2008.

The final bill contains the following provisions:

PIP will be re-enacted effective January 1, 2008;

Continuation of the 80% medical payment schedule with a 20% co-pay;

Provider fee schedule set at 200% of Medicare for most providers and services;

$5000 set-aside provision for doctors who administer emergency and inpatient care in hospitals;

Limitations on what types of clinics can be reimbursed;

Creation of uniform documentation requirements for medical providers when submitting PIP claims;

No additional utilization or review limitations;

Added authority to the Attorney General's office to prosecute insurance companies that consistently deny claims; and

Mandates the consolidation of perfected claims from one health care provider relating to the same patient and the same insurance company.

The complete memorandum from the Florida Justice Association to it's members can be found by clicking here.

Central Florida Personal Injuries Attorney James Hart represents the victims of other people's negligence, including those injured in auto accidents. Please visit our website for more information.

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9/24/2007
Jim Hart
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Agreement on PIP?

I recently received word that House and Senate negotiators have reached an agreement in principal on legislation that would extend the current PIP law through the end of 2007. The full details of an agreement have not yet been released, but the proposal would apparently extend the existing system until the end of 2007, and then certain other reforms would be introduced that would prevent fraud.

Consumer advocates and most legislators have been excluded from the negotiations, which raises concerns that the proposed legislation will benefit special interest groups and could potentially hurt consumers.

However, I have been informed by the Florida Justice Association that several anti-consumer provisions that were previously in play will NOT be included in the proposal. Some of these provisions include:

Caps on attorney’s fees;

Anti-consumer changes to the current bad faith statute;

Elimination of the contingency fee multiplier;

Additional optional managed care policies; and

Allowing each insurance company to create its own documentation requirements.

CIVIC Concern has asked that all concerned citizens to call the offices of Speaker Rubio and President Pruitt at the numbers below and ask them to do the right thing.

Call a special session to extend PIP before the law sunsets on October 1 or expand the scope of the special session scheduled to begin October 3;

Ensure an open dialogue and no secret deals; and

Pass consumer-friendly PIP legislation

Speaker Marco Rubio
(305) 442-6939
(850) 488-1450
speaker@myfloridahouse.gov

President Ken Pruitt
(772) 344-1140
(850) 487-5088
pruitt.ken.web@ flsenate.gov

Email Your Legislators
If you haven't yet, contact your state senator and state representative and urge them to pressure legislative leadership to address PIP in a special session. Email Your Legislators

A copy of the memo from the FJA to its members can be found by clicking here.

For more information, contact Orlando Auto Accident and Personal Injury Attorney James Hart.

Sign the Petition to urge legislators to extend or reform PIP

Following is a message I received today from CIVIC Concern, which is a non-partisan policy incubator, legislative watchdog, and advocate for ordinary Floridians. I encourage my readers to sign their petition to urge Governor Charlie Crist, Senate President Ken Pruitt and Speaker Marco Rubio to expand the scope of the October special session to include passage of an extension of PIP.

From CIVIC Concern:

Legislative leaders announced late last week that they have rescheduled the budget-cutting special session for October 3. PIP and no-fault insurance laws sunset on October 1, but the movement to pass new legislation during the special session is gaining momentum.

A bi-partisan group of legislators has been actively working to build consensus on either reform legislation or a one-year extension of the existing law. And Governor Crist held a day-long summit last week to try to develop a consensus solution.

In spite of all this, legislative leaders have still not said they will expand the special session to address PIP.

If PIP is allowed to sunset:

Drivers are at greater risk of financial hardship after an accident;

Hospitals and health care workers are unsure how they'll cover the costs of treating uninsured accident victims; and

It's estimated that more than 2 million additional uninsured drivers will be on Florida's roads.

You can help Governor Crist and the bipartisan group of lawmakers who are trying to do the right thing.

What You Can Do

In just over two weeks, CIVIC Concern has collected more than 2500 signatures from Floridians urging legislative leaders to expand the scope of the special session to take up this urgent legislation.

Please add your name to the petition. Together, we can demand that the Legislature get the job done right.

Sign the Petition
Join thousands of Floridians in urging Governor Charlie Crist, Senate President Ken Pruitt and Speaker Marco Rubio to expand the scope of the special session to include passage of an extension of PIP. Sign the Petition

Email Your Legislators
Contact your senator and state representative and tell them you want them to address PIP during the fall special session. Urge them to pressure legislative leadership to expand the scope of the special session. Email Your Legislators

Forward the Petition to Your Friends
We can only influence state policy if we join together to demand action. Ask your friends and family to join you in signing the petition. Forward the Petition.

Learn More
Check out these articles:
Orlando Sentinel: PIP Law May Not Disappear After All
Miami Herald: Crist Works to Salvage No-Fault

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9/13/2007
Jim Hart
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NHTSA Urges Drivers to Check their Tires During Hot Weather

Last month, the nation’s top highway safety officials cautioned motorists that hot weather and under-inflated tires are a dangerous combination. Nicole Nason, Administrator of the National Highway Traffic Safety Administration, unveiled a public service announcement urging drivers to check tire pressure and tread-wear often, but especially during the hot, summer months. In Florida, this period can easily extend into the months of October and November.

“Checking tires is particularly critical during the summer when roads are hot and families are putting a lot of miles on their cars with their vacation plans,” Nason said. “Overloaded vehicles, under-inflated tires, and hot weather can all combine to possibly turn a family vacation into a horrific nightmare.”

Recent NHTSA research shows that hot weather can also impact the tire aging process, particularly in warm climate states such as Florida.

Nason said she hoped a new television ad will help encourage people to regularly check their tires for proper air pressure and monitor tread wear. The ad can be viewed at: http://www.nhtsa.dot.gov/multimedia/TV/HotTires.wmv.

“Properly maintained tires improve the steering, stopping, traction and fuel economy of your vehicle,” Nason said. “Under inflated tires or worn down treads are a major cause of failure.”

Nason noted that few people take the time to check the condition of their tires, or whether the tire is properly inflated. A tire industry survey this year found 85 percent of drivers fail to properly check tire pressure. NHTSA estimates that crashes associated with tire problems take approximately 660 lives each year and injure 33,000 people.

For proper care of your tires and procedures to check the air pressure and treads please click on: www.safercar.gov .

Source: National Highway Traffic Safety Administration

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9/12/2007
Jim Hart
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How to Keep your car insurance rates low...

There are a number of factors that will influence your car insurance rates. Some of these factors you can control, and some you can't. Each factor corrolates to a level of risk for the insurance company. Basically, the higher the risk that is associated with a person, the higher your premium. Following are some of the major risk factors that the insurance companies will consider, starting with factors that you cannot change:

Age - Statistically, drivers under the age of 25 are at greater risk of being in an accident than those over age 25. Drivers between the ages of 50 and 65 generally have the safest records.

Gender - Women are statistically safer drivers.

Marital Status - A married person will pay less than a single person with an identical driving record.

Factors that you can change that will affect your car insurance rates:

Geography - Unfortunately, where you live can make a big difference. People who live in uncongested and low traffic areas will pay less for insurance than other people who live in higher traffic areas. It is just common sense that people who live in busy cities or suburbs have a greater risk of getting in an accident. In addition, some areas have a higher crime rate, which will result in a higher premium.

Driving Violations - Most people know that if they have recently been in an accident, or have a lot of traffic tickets, it goes without saying that their car insurance rates will go up. People with accidents or moving violations on their record (such as speeding tickets, DUI's, reckless driving citations, etc.) are at a higher risk for accidents. Some insurance companies will penalize you (in the form of higher premiums) for as many as five years from when the incident occurred. But, as your record improves, your premium will get lower.

Vehicle Type - A cheap car will cost less to insure than the pimped out Caddy sitting on 22" rims.

Accident Claims - A driving record that is clean and free of accidents will hold fare better for you than lots of tickets and/or accidents.

Credit Rating - Many insurance companies view having a poor, or even no credit history, as suggestive of higher risk and will increase your premium accordingly.

Occupation - Insurers have statistically found a correlation between your occupation and risk. For instance, a pizza delivery person is a higher risk than an office administrator who sits at a desk all day.

There are numerous other risk factors that the insurance company will use to determine your premium, including:

Driving distance to work

Miles driven each year

Years of driving experience

Business use of the vehicle

Whether or not you currently have auto insurance

Theft protection devices (often results in discounts)

Multiple cars and drivers (another opportunity for discounts)

Other saftety features on your car (air bags, anti-theft devices, anti-lock brakes, etc.)

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9/11/2007
Jim Hart
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Progressive Insurance investigated for fraud and invasion of privacy

I always try to warn my clients to be honest and forthright with me about their cases and their activities, especially in car accident cases where damages are at issue. This is because the insurance companies will do anything they can to keep from paying out claims.

Progressive Insurance has taken this to a new level. The Georgia Insurance Commission has opened an investigation against Progressive Insurance for allegations of fraud and invasion of privacy. Two private investigators for Progressive posed as a married couple that wanted to join a church. They worked their way into a private confessional at a member's home so that they could record embarrasing statements about a couple who had filed suit against the company.

Read the full story here.

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9/6/2007
Jim Hart
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Big problems if PIP expires...

The clock is ticking. I've posted quite a few times about what will happen if the Florida Legislature doesn't act quickly to do something about the PIP law (click here for the first of my series about how to protect yourself in a post no-fault world). Right now, the law is still set to expire on October 1st.

As of right now, if the Legislature takes no action, as of October 1st, Florida will be the only state in the Union that does not require its drivers to maintain bodily injury liability insurance. How can this possibly be a good thing? And how how can you believe that there is NOT something seriously wrong with a legislature that doesn't believe it's drivers should be required to maintain bodily injury insurance?

Who do our representatives think will pay for the medical claims of the roughly 20% of our residents that will have inadequate or no health insurance (according to Florida CFO Alex Sink in this article).

There's still a chance that the legislature may take some action. Only time will tell. Click here for my guide on how to purchase auto insurance to protect yourself without PIP coverage, or contact Orlando Accident Attorney James Hart via this form and ask me to email you the guide directly.

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8/26/2007
Jim Hart
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Is Tort Reform really needed?

It's very interesting how the government would have us believe that we just have no money. No money to hire teachers for public schools. No money for Public Housing. No money to spend on health programs for children. No money to assist in providing a college education for our young adults. And certainly no money to assist in a hurricane fund so the citizens of Florida can obtain affordable homeowners insurance.

But... we do have $455,430,210,563.00 to spend on the war in Iraq.

For an idea of what this money would buy in your community, click here.

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8/23/2007
Jim Hart
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How to protect yourself in a Post No-Fault World - Part 3

A lot of people will want to know how their auto insurance rates will be affected by the expiration of No-Fault on October 1, 2007. You may see a decrease in your auto insurance premiums, although I wouldn't count on it based on past experience with the insurance companies. Additionally, if you choose to purchase (and you should) optional med-pay coverage, then there will be an additional cost to you.

My bottom line advice to consumers who are looking at reviewing their auto policies prior to October 1? Buy as much coverage as you can. The extra cost for protecting you and your family in the event of an accident is small in comparison to the added benefits you could receive if you are in a catastrophic accident. Also, having adequate insurance will help to protect your assets in the event you are at fault in an accident.

A quick word about lost wages. You may seek to recover your lost wages from the at-fault driver or their insurance. Some of your lost wages may be covered if you are not at fault in an accident and the at-fault driver has Bodily Injury Liability coverage. If the at-fault driver does not have Bodily Injury Liability coverage, and you have Uninsured Motorist coverage, some of your lost wages may be covered. In the event that the at fault driver does not have BIL coverage, and you do not have UM coverage, then you may not be able to recover your lost wages outside of a courtroom; a lawsuit brought against the at-fault party could be your only recourse.

Finally, Property Damage Liability coverage pays for certain damage (up to the limit of the policy) that you or anyone covered under your policy cause to another person’s property through the use of an automobile. It only covers damage for which you or anyone insured under your policy are legally liable. The damage may involve a parked, running or rolling automobile.

“Property” isn’t limited to another vehicle; it may include a fence, telephone pole, building or animal. This coverage may apply even if you drive someone else’s automobile. The terms and conditions of your policy determine whether or not coverage applies to anyone using your vehicle.

If you have further questions about the end of No-Fault insurance in Florida, or what you need to do now to protect yourself for a post no-fault world, please contact Orlando Personal Injury and Accident Lawyer James Hart 407-839-4340, or fill out our online contact form to email us your questions.

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8/22/2007
Jim Hart
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How to protect yourself in a Post No-Fault World - Part 2

With the end of no-fault insurance, you must insure that you have adequate med-pay with your car insurance. However, if you are at fault in an accident, and your medical expenses exceed the limits of your med-pay coverage, then you will be personally responsible for the damages. This means that either you or your health insurance will pay for your medical expenses that exceed the limits on any medical payments coverage under your auto insurance policy.

Unlike in the no-fault system, where your doctor bills are automatically paid by your insurance company, if you are injured by a negligent driver under the fault based system, you may need to sue to receive compensation for your claims. That being said, often times the auto insurance companies will settle with you based on an acknowledgement of the at-fault driver in a particular accident, and benefits are paid accordingly. In some cases, there is a dispute about who is at-fault or to the extent of the damages, and court action may be necessary.

One of the main reasons that you MUST purchase optional med-pay coverage from your auto insurance company is for when you are injured by an at-fault driver who is uninsured. By purchasing this coverage, your insurance company will cover your medical expenses. However, if you have not purchased any med-pay coverage, or worse yet, no auto insurance at all, then you or your health insurance will be responsible to pay your medical bills. You may always sue the at-fault driver, but uninsured motorists usually do not have sufficient assets from which to recover damages.

The question has arisen, "If I have health insurance coverage, do I really need auto insurance coverage as well?" The answer is an emphatic YES. YES. YES. Purchasing auto insurance coverage will help you protect yourself if you are at fault and liable for an accident. Keep in mind that your health insurance may pay for your medical treatments after an automobile accident, but co-pays, deductibles and coverage limits may apply. Additionally, your health insurance will not cover medical claims of other persons injured in an accident if you are at fault.

Stay tuned tomorrow as Orlando Personal Injury and Accident Lawyer James Hart will conclude this series on how to protect yourself in a post No-Fault world.

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8/21/2007
Jim Hart
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How to protect yourself in a Post No-Fault World - Part 1

If the Legislature does not make any changes, the Florida Motor Vehicle No-Fault Law and the requirement to purchase PIP coverage will expire on October 1. Beginning October 1, whether you are at fault or not in an accident could make all the difference as to which driver is liable to pay for damages from an automobile accident.

In order to protect yourself in a post No-Fault world, you must take steps now to provide yourself with adequate insurance in the event that you sustain any injuries. First, you should consider purchasing optional medical payments coverage from your auto insurance company. In other states, this is called "med-pay." Optional med-pay coverage will pay for medical bills incurred by you, your family, and passengers in your car who are injured in an auto accident.

Another cheap and inexpensive way to provide additional protection for yourself is to increase your bodily injury liability coverage (in case you injure another person and are at fault) and uninsured or underinsured motorist coverage.

I anticipate that many people will think that because their auto policy does not renew until after October 1, that they are still protected. However, regardless of when your auto insurance policy is up for renewal, any accident occurring on or after October 1, 2007, will be handled under a fault-based system. That being said, your insurance company may continue to provide your PIP benefits as a form of optional medical payments coverage for the remainder of your policy period.

It is important to note, however, that all damages from accidents on or after October 1 will be paid by the at-fault driver. If your insurer initially pays your damages and you are not at fault, you may be expected to recover these damages from the at-fault driver.

Check back tomorrow for more information on how you can protect yourself in a post "No-Fault" world.

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8/15/2007
Jim Hart
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Tort Reform: Texas Judges say it's not necessary

For the last two years, the professors at Baylor University School of Law have conducted a survey of Texas District Court Judges to determine whether tort reforms are necessary. An incredible 78% of the judges responded, and the results of the survey were recently released in the Baylor Law Review in an article entitled Straight from the Horse's Mouth: Judicial Observations of Jury Behavior and the Need for Tort Reform.

Among the finding are the fact that substantially more judges thought juries had awarded too low of damages than judges that thought juries had awarded too much. Additionally, well over 80% of the judges surveyed did not think that there is a problem with "frivolous" lawsuits.

If you are interested in reading more about how the media distorts the facts to brainwash the public into believing that our legal system is being destroyed by "frivolous lawsuits", then checkout Distorting the Law by William Halton. Here's the blurb: "Distorting the law persuasively shows how widespread media reporting of frivolous lawsuits and high settlements have led many Americans to believe we live in the land of the litigious, while the careful research and statistics that would dispel this myth have not received media attention."

Thanks to the attorneys at Perlmutter & Schuelke and the Los Angeles Personal Injury Law Blog for alerting me to this fabulous information.

Orlando Accident Attorney James Hart represents injury victims. Click here for more information about our firm or to learn more about your legal rights.

www.jameshartlaw.com

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8/14/2007
Jim Hart
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P.I. Lawyer pleads guilty to using a runner to solicit business

This is why personal injury attorneys get a bad name from uneducated consumers. A lawyer in New Jersey pleaded guilty to violating a New Jersey Statute that bars lawyers from using paid runners to drum up or "solicit" new business.

Irwin Seligsohn, 71, of Kinnelon, N.J., pleaded guilty to one count of second-degree conspiracy to commit health care claims fraud, one count of third-degree criminal use of runners and one count of third-degree tax fraud. The firm pleaded guilty to one count of second-degree conspiracy to commit health care claims fraud and agreed to pay $50,000 in fines, restitution and civil actions.

Not only that, but Seligsohn also admitted to tax fraud by claiming that the payments to the runners were tax-deductible investigative expenses.

We feel that the practice of using "runners" is absolutely despicable. Our firm wants our clients to be comfortable with their choice of attorney. I am in the process of writing a complete guide for Florida Accident Victims on how to find the best lawyer for their case. We anticipate that our Florida Accident Guide will be published later this fall. Check back frequently for updates, or contact our firm and preorder a copy of this useful and free publication.

Thanks to Eric Turkewitz, from the New York Personal Injury Law Blog for bringing this story to my attention.

Source: Law.com

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8/14/2007
Jim Hart
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Wrong-site Brain Surgery?

Are you kidding me? Last week I was having dinner with my inlaws, who were concerned at the rising insurance costs that doctors have for medical malpractice insurance. It really kills me when people believe that Plaintiff's lawyers are the cause of the problem.

Especially when you read stories like this from the Insurance Journal. A neurosurgeon at Rhode Island Hospital in Providence was recently disciplined for operating on the wrong side of a patient's brain. Not only that, but this was the third time that such an error had occurred at this hospital in the last six years!!

The state Health Department is requiring the hospital to hire an independent consultant to review its neurosurgery practices and to have a second physician double-check surgery plans.

I want to thank the attorneys at Permutter and Schuelke for alerting me to this story, originally cited on the New York Personal Injury Blog.

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8/1/2007
Jim Hart
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Defamation Lawsuit proceeds where Nationwide Claims Adjuster says that clients will get more money if they don’t hire an attorney

The adjuster claimed he was merely stating an opinion, but the Supreme Court of Virginia didn’t buy it. In an opinion issued late last year, the Court has held that an attorney may proceed in a defamation action against Nationwide Insurance Company for disparaging statements that were made by one of the companies’ claims adjusters.

According to a published opinion that is attached to this press release, Nationwide adjuster Todd Schmitt met with a personal injury claimant to discuss his injuries. The two discussed whether the claimant should hire an attorney, and if so, whom. In response to the claimant informing Mr. Schmitt of his proposed attorney, Schmitt made the following statements:

(1) That [sic] just takes people’s money.
(2) That client’s of [sic] would receive more money [for their
claims] if they had not hired [sic] and had dealt with the
adjuster [directly].

The attorney sued and Nationwide claimed that the adjuster’s statements were expressions of opinion and “therefore could not be the basis for a cause of action for defamation.”

The Supreme Court held that the adjuster’s statements can be proven true or false, and thus the lawsuit may continue. Because the statements could prejudice the attorney in his chosen profession, they support a cause of action for defamation.

Virginia personal injury attorney Benjamin Glass states, “We hear that these sorts of statements are made all of the time by some claims adjusters to personal injury claimants. Oftentimes our clients tell us that claims adjusters from many different insurance companies have made disparaging comments about either the claimant, the claimant’s doctor, or about personal injury attorneys. This case will hopefully highlight this problem and convince insurance adjusters that they should not be engaging in such tactics.”

The case is Tronfeld v. Nationwide Mutual Insurance Company, No. 052635.

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7/30/2007
Jim Hart
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"No Fault" Insurance Nearing an End

As of October 1st, 2007, it will once again matter who was at fault in automobile accidents in Florida. The current automobile, no-fault insurance law will expire at that time, leaving a potential mess for consumers, doctors, and the courts.

"When PIP was dropped in Colorado, they referred to it as mass confusion. I expect the same here," said Walter Dartland, executive director of the Consumer Federation of the Southeast.

Currently, under Florida's Personal Injury Protection (PIP) law, the insurance company would pay 80% of medical bills and 60% of lost wages up to $10,000.

If the legislature takes no action, the Florida Department of Highway Safety and Motor Vehicles will have no way to require insurance of Florida Drivers. "There would be no mandatory insurance for the purpose of obtaining a vehicle registration in Florida should PIP sunset," an agency official wrote in response to questions from a trade group representing independent insurance agents.

An estimated $278 million in medical bills now paid under PIP will shift to health insurance plans or directly to consumers, according to the State Farm-sponsored Floridians for Lower Insurance Costs.

It is possible that health care insurance is likely to cost more as that system absorbs those costs.

"There is no consumer cost savings, I don't care what they say," contended Senate Banking and Insurance Chairman Bill Posey, the Rockledge Republican who lost a fight this spring to salvage some form of PIP.

Instead, legislative leaders so far are refusing to call a special session to restore coverage.

Source: Florida Today

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7/24/2007
Jim Hart
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Florida Couple Awarded $21 Million for "Wrongful Birth"

On Monday, a jury awarded more than $21 Million to a couple who claimed that a doctor misdiagnosed a severe birth defect in their son, which lead them to have a second child with similar problems.

However, because the doctor works for the University of South Florida, which is a governmental agency, the family will have to persuade the Legislature to award most of the money. Florida law limits negligence claims against government agencies to $200,000.

The couple, whose two young sons aren't able to communicate and need constant care, sought at least enough money to care for the second child who is now 2.

The couple claimed that Dr. Boris Kousseff failed to diagnose their first son's genetic disorder, called Smith-Lemli-Opitz syndrome, which is the inability to correctly produce or synthesize cholesterol, after his 2002 birth.

Had the disorder been correctly diagnosed, a test would have indicated whether the couple's second child also was afflicted and they would have terminated the pregnancy, according to the lawsuit.

The couple's attorney said he would push state lawmakers to pass a bill awarding them money over the $200,000 cap.

Source: CNN

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7/24/2007
Jim Hart
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Fatal Car Accident closes I-4 in Orlando

In a sad turn of events, one person died and four others were seriously injured in a three-car crash on Interstate 4 near downtown Orlando this morning.

One of the vehicles left the highway, went thru a guardrail and landed on a power pole below at the intersection of Wymore and Rogers.

After being ejected from the vehicles, one of the injured was airlifted to ORMC and the other four went to ORMC and Florida Hospital via ambulance.

Power was out for local neighborhood due to the accident and traffic was backed up for 6 - 7 miles before the auto accident was cleared.

More on this story can be found by clicking here.

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7/2/2007
Jim Hart
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Personal Injury Lawyer Referral Service found Unethical - Florida Consumers Beware

The Florida Bar is cracking down on scores of personal injury lawyers who have benefited from the 1-800-ASK-GARY referral service. The investigation appears to be an indictment of the Ask Gary advertising style, which is heavy on personal testimonials from accident victims who call the toll-free hot line for help.

The Florida Bar prohibits such testimonials and dramatizations in ads by lawyers and legal referral services. Even receiving a client from such an ad is a violation. The Ask Gary ads are produced by Physicians Group LLC, which is a chain of accident clinics based in Sarasota.

Late last year, the Bar sent out more than 100 letters to personal injury lawyers across Florida who it thought got client referrals from Ask Gary operators. The Florida Bar has taken action against at least 34 lawyers across Florida that it found accepted referrals from Ask Gary, in violation of Bar rules.

The Bar is targeting the Ask Gary ads because their personal testimonies are emotional appeals, Marvin said. The Florida Bar believes consumers should choose a lawyer based on facts, not emotion, so it prohibits lawyers from creating such ads and prohibits them from getting referrals from services that use them. We absolutely agree and believe that outrageous lawyer advertising has made it difficult for consumers to choose the right lawyer and has cast our profession in a negative light.

Source: Orlando Injury Lawyer Blog

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Orlando, FL 32803

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Weekend Visitation or kidnapping?

New Florida PIP Law approved

Agreement on PIP?

Sign the Petition to urge legislators to extend or reform PIP

What You Can Do

NHTSA Urges Drivers to Check their Tires During Hot Weather

How to Keep your car insurance rates low...

Progressive Insurance investigated for fraud and invasion of privacy

Big problems if PIP expires...

Is Tort Reform really needed?

How to protect yourself in a Post No-Fault World - Part 3

How to protect yourself in a Post No-Fault World - Part 2

How to protect yourself in a Post No-Fault World - Part 1

Tort Reform: Texas Judges say it's not necessary

P.I. Lawyer pleads guilty to using a runner to solicit business

Wrong-site Brain Surgery?

Defamation Lawsuit proceeds where Nationwide Claims Adjuster says that clients will get more money if they don’t hire an attorney

"No Fault" Insurance Nearing an End

Florida Couple Awarded $21 Million for "Wrongful Birth"

Fatal Car Accident closes I-4 in Orlando

Personal Injury Lawyer Referral Service found Unethical - Florida Consumers Beware

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