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Posts Tagged "pain and suffering"

Will Woman Whose Head Was Run Over By Lifeguard Vehicle Ever Collect $2.6 Million Verdict?

Posted by on Jul 15, 2014 in Motor vehicle accidents, Recent News

Will Woman Whose Head Was Run Over By Lifeguard Vehicle Ever Collect $2.6 Million Verdict?

I read with interest a story that appeared on the WESH.com website regarding a recent Central Florida.jury verdict. Last week a Volusia County jury ruled in favor of a in favor of a 36-year-old woman , and issued a verdict for $2.6 million. The woman, whose name is Erin Joynt, was vacationing in Daytona Beach in 2011 with her family when a full-sized beach patrol pick-up truck ran over her head she laid in the sand on the beach. Ms. Joynt suffers from partial facial paralysis, had a number of fractures, as well as and vision and hearing loss. Ms. Joynt testified at trial that she continues to experience constant pain. The jury divided its award this way: $100,000 for future medical expenses, $500,000 for loss of earning capacity, $500,000 for for past pain and suffering, and $1.5 million for future pain and suffering. As a Florida personal injury attorney, the most interesting aspect of this case will be what happens next with regard to actually collecting on this verdict. Since the jury verdict was against a governmental entity, the local lifeguard agency, many people do not realize that Florida law limits the amount of money that any person who is injured due to the negligence of a governmental employee can collect in a case. As of this writing, the limitation is $200,000 per injured person. Even though a jury of her peers believes Ms. Joynt’s claim is worth over $2 million, likely the only way that Ms. Joynt will ever collect $200,000 will be by pursuing a very complicated procedure called a Claims Bill all the way through the Florida Legislature. If the Legislature passes a bill to provide Ms. Joynt with the money, it will still be up to Governor Rick Scott to sign it. The reality is that our Republican-controlled state legislature very rarely passes Claims Bills. I hope they make an exception for Ms. Joynt. If you have any questions regarding an injury involving a governmental entity, or the Claims Bill process, call Winter Park personal injury attorneys Kim Cullen and Robert Hemphill at...

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Umbrella Coverage Could Save You From Having A Really Bad Day

Posted by on Mar 12, 2014 in Motor vehicle accidents, Uncategorized

Umbrella Coverage Could Save You From Having A Really Bad Day

Is an umbrella insurance policy right for you? Being in a personal injury law practice, we are often asked questions by consumers regarding insurance issues. One of the questions that we are sometimes asked is whether umbrella insurance coverage is a good idea. Many people have heard about umbrella policies but don’t know exactly what they are.  Umbrella coverage is essentially an extra layer of insurance protection that provides excess coverage over-and-above general liability coverage for homeowners policies, and bodily injury liability insurance under an automobile insurance policies.  It is typically sold in increments of $500,000.00 or $1,000,000.00. Umbrella coverage is not for everybody.  First, an insurance customer generally must already have very large liability policy limits before he or she can qualify for umbrella coverage.  Umbrella coverage is essentially designed for people with significant assets that would be placed at risk in the event of an accident or negligent act or omission. For example, if an insured person was at fault for an accident and suffered $250,000.00 in medical bills, lost wages, and pain and suffering damages but only had automobile liability coverage limits of 100,000.00, the at-fault driver could still be held liable for the additional $150,000.00 in damages.  This would typically come from personal assets such as bank accounts, savings accounts, investments, or property. If that same person had an umbrella policy with limits of $1 million, then the $150,000.00 in damages that were not covered under the automobile liability policy would be covered by the umbrella. Umbrella policies are typically not all that expensive, and definitely do provide additional piece-of-mind in the event of a serious accident (i.e. a really bad day.)  Most accidents obviously do not generate hundreds of thousands or even millions of dollars in damages, but when they do they can be absolutely devastating to the person (and/or family of the person) who caused cause the accident. If you have any questions regarding umbrella insurance coverage, and whether or not it might be a good thing for you, we are always happy to answer them.  All you have to do is call Winter Park attorneys Kim Cullen and Robert Hemphill at 407-254-4901.  Consultations are always...

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When Someone Dies In A Florida Accident, What Damages Are Available?

Posted by on Jun 5, 2013 in Recent Videos, Uncategorized

When Someone Dies In A Florida Accident, What Damages Are Available?

When someone dies in a Florida accident of any kind, any damages arising out of the accidental death are governed by the Florida Wrongful Death Act. The Florida Wrongful Death Act is actually a series of statute sections that define who can bring a wrongful death claim, and what categories of damages are available. Many people are surprised to learn that sometimes surviving spouses, parents, and children can recover nothing for emotional pain and suffering. Watch this short video to learn more: If you have any questions regarding a Florida wrongful death, or what damages might be available when a family member dies in an accident of any kind, call Winter Park personal injury attorneys Kim Cullen and Robert Hemphill at...

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