Under the current law, every Florida auto insurance policy must include a minimum of $10,000 in PIP medical insurance coverage per person per accident.  The PIP benefits must be used to cover the driver’s (and passenger’s) medical bills first, regardless of whether or not the driver was at fault in the auto accident.

By contrast, the proposed House bill, which would go into effect on October 1, 2012 if passed, would impose an emergency care system, requiring drivers involved in auto accidents to receive emergency room treatment within 72 hours of the accident for their injuries.  Only those (a) transported by ambulance; (b) treated in a hospital by an MD, DO, dentist, ARNP or PA; or (c) admitted to the hospital would be eligible for the $10,000 in benefits.  The bill would not allow treatment by a chiropractor or licensed massage therapist.

Even supporters of this proposed legislation agree that such a drastic requirement would increase health care costs and further burden ER hospital staff who are already overwhelmed, not to mention it would also endanger the health of other ER patients by creating greater delays in treatment.  Moreover, those who suffer traumatic brain injuries and other forms of injuries frequently sustained in auto accidents may not develop symptoms of such serious, potentially life-threatening injuries for months or even years.  Further, the bill ignores the proven medical benefits of prompt chiropractic treatment in auto accident victims.

HB 119 would also impose numerous additional requirements for accident reports, provide coverage limits, establish a schedule of maximum charges, create a list of diagnostic tests deemed not to be medically necessary, and control attorneys’ fees.  It would also allow expanded “examinations under oath” by insurance companies, which are already intimidating and intrusive to auto insurance policy holders.  Florida Governor Rick Scott expressed his support for the bill at a news conference yesterday.

The bill is currently before the House Economic Affairs Committee.  Meanwhile, the Florida Senate also has its own version of a PIP reform bill, SB1860, which does not cap attorneys’ fees but requires long-form accident reports and additional licensing of clinics to address fraud, along with calling for a statewide task force.

Florida lawmakers’ stated rationale for imposing such radical no-fault insurance reform is to curb insurance fraud throughout the state.  It is unclear, however, how the measures proposed in the House and Senate bills would reduce fraudulent claims.  What’s worse, unless the legislation considers the potentially disastrous consequences of radical PIP reform and blindly acquiesces to mounting pressures by insurance lobbyists, the new law will leave thousands of Florida drivers with serious injuries–many of whom already lack health insurance–in the dust.

The attorneys at PERENICH The Law Firm have over 70 years of combined experience in settling auto and other accident cases, together with the resources to take a case through trial and a jury verdict in the appropriate circumstances. We have tried dozens of cases throughout Florida, including Pinellas, Hillsborough, and Pasco Counties, and you can count on us to fight to resolve your case for what it’s worth.

Nummela settled with the owner of the property for negligently maintaining its premises and obstructing visibility on the roadway and intersection.  He then proceeded to trial against the other driver.

The attorneys at PERENICH The Law Firm have over 70 years of combined experience in settling auto and other accident cases, together with the resources to take a case through trial and a jury verdict in the appropriate circumstances. We have tried dozens of cases throughout Florida, including Pinellas, Hillsborough, and Pasco Counties, and you can count on us to fight to resolve your case for what it’s worth.

While the Fair Credit Reporting Act allows current and prospective employee’s credit scores and related information to be used by employers, the United States Bankruptcy Code expressly prohibits employers from discriminating against employees for seeking bankruptcy protection. 11 U.S.C. Section 525(b) states:

No private employer may terminate the employment of, or discriminate with respect to employment against, an individual who is or has been a debtor under this title, a debtor or bankrupt under the Bankruptcy Act, or an individual associated with such debtor or bankrupt, solely because such debtor or bankrupt—

The bankruptcy attorneys at PERENICH The Law Firm have decades of experience helping individuals and companies find options and solutions to their financial issues during these difficult times.  These may include Chapter 7 bankruptcy, Chapter 11 bankruptcy, Chapter 13 bankruptcy, and foreclosure defense.

Peters, a former attorney, is alleging damages as a result of deceptive and misleading claims by the auto manufacturer that the mileage on her Honda Civic Hybrid would be up to 50 miles per gallon. In fact, according to the Associated Press, as the battery deteriorated, Peters was only able to get 30 miles per gallon, which is the average mileage for a strictly gas-powered Honda Civic.  She is seeking damages for her lost gas mileage, the premium she paid for a hybrid vehicle, and the car’s diminished resale value, according to USA Today.

Peters has also created a website, DontSettleWithHonda.org, posting information about opting out of the class action lawsuits and about her own lawsuit.  Her small claims trial was held on Tuesday, January 3, 2012 in Torrance, California, but the judge did not rule immediately, stating that his ruling would be issued to the parties by mail.

Unlike criminal actions, civil litigation is initiated by private parties (individuals and companies) who typically ask the court to award them money damages as compensation for the wrongful acts by another that caused them physical or financial harm.

Civil actions involve a wide array of legal theories under which private parties may sue for damages, including breach of contract, false or misleading advertising or claims by consumers, negligence such as auto accidents and slip and falls, employment discrimination, wrongful termination, and mortgage foreclosure.

The attorneys at PERENICH The Law Firm have over 70 years of combined experience and resources to take a case through trial and a jury verdict.  We have tried dozens of cases throughout Florida, including Pinellas, Hillsborough, and Pasco Counties, and you can count on us to fight to resolve your case for what it’s worth.

The investigation by the Justice Department revealed that loan officers and brokers from Countrywide charged higher fees and rates to over 200,000 minority borrowers across the country than to white borrowers who posed the same credit risk. According to the New York Times article from December 21, 2011, “Countrywide also steered more than 10,000 minority borrowers into costly subprime mortgages when white borrowers with similar credit profiles received regular loans.”

This settlement is the latest in a series of costly agreements by Bank of America related to improper mortgage lending practices by its predecessor, Countrywide.  In June 2010, the company agreed to pay $108 million to settle charges that Countrywide imposed inflated fees on homeowners struggling to stay in their homes.   Just two months later in August 2010, Bank of America agreed to settle lawsuits by shareholders for their mortgage losses for $600 million.

Additionally, an investigation is currently underway against several mortgage lenders in connection with improper foreclosure practices.  That investigation could spell another costly settlement for Bank of America.

The foreclosure and bankruptcy attorneys at PERENICH The Law Firm have decades of experience representing distressed homeowners and helping them stay in their homes or discharging any deficiency judgment liability to the banks following foreclosure.

One extremely common New Year’s resolution in our current culture is weight loss. Unfortunately, such resolutions may be dangerous on occasion—even fatal in some cases.  At the beginning this year, for example, 35-year-old Lidvian Zelaya’s resolution for 2011 was to undergo plastic surgery. Unfortunately, the surgery cost the Miami Beach, Florida resident her life. A lawsuit for wrongful death based on medical malpractice is currently underway.

If your New Year’s resolution list includes losing weight and improving your looks through cosmetic surgery, it may be a good idea to get a second, third, and even fourth opinion before selecting a qualified, reputable surgeon and clinic.  Additionally, avoid selecting a clinic solely based on cost, because you may get what you pay for.

The medical malpractice and wrongful death attorneys at Perenich The Law Firm have more than 60 years of combined experience in holding negligent surgeons and others responsible for the tragic deaths of innocent victims of negligence. Our offices are conveniently located throughout the Tampa Bay, Florida area, including Clearwater, St. Petersburg, Tampa, Tarpon Springs, and New Port Richey.

On November 22, 2011, the Florida Public Interest Group (“PIRG”) released its 26th annual “Troubles in Toyland” report on dangerous toys.  Among other dangerous propensities, the PIRG report identifies toys containing lead, noting that a number of toys found in stores exceed the strict limits (300ppm) on lead amounts imposed by Congress in 2008. According to the report, lead and phthalates have been linked to developmental delays in young children. Toys found to potentially toxic include Hello Kitty eyeshadow, a Honda toy motorcycle, and a Disney Tinkerbell watch.

Additionally, toys with small parts, particularly balls and balloons, are a leading cause of toy-related injuries, the PIRG press release. These include a set of wooden blocks by Timeless Toys, Sesame Street Oscar doll, and a Dinosaur Multi-Pack. Noisy toys, such as the Elmo Talking Cell Phone and Hot Wheels Super Stunt RAT BOMB, were also flagged as a major cause of hearing loss in children.

The PIRG report also makes recommendations for Congress and toy manufacturer for greater regulation and compliance with toy safety standards in the United States.

The child injury attorneys at PERENICH The Law Firm have more than 60 years of combined experience in helping children, parents, and families in the Tampa Bay, Florida area recover damages for injuries to children when others have needlessly placed them in harm’s way. If you are in need of a personal injury and accident lawyer, contact PERENICH The Law Firm today to speak to one of our injury attorneys . Our offices are conveniently located in Clearwater, St. Petersburg, Tampa, Tarpon Springs, and Trinity, Florida.

This new government initiative to address the ongoing mortgage foreclosure crisis throughout Florida and the country is called “Independent Foreclosure Review.” Similar to an audit, this program offers the opportunity for a review of the homeowner’s mortgage foreclosure case by an independent consultant to determine if errors, misrepresentations, and other deficiencies made by the lender may have caused financial harm to the borrowers. If so, homeowners may be financially compensated.

Some examples of such errors, misrepresentations, and deficiencies are as follows:

• The mortgage balance amount at the time of the foreclosure action was more than was actually owed.
• The homeowner was doing everything the modification agreement required, but the foreclosure sale still occurred.
• The foreclosure action occurred during bankruptcy.
• The homeowner requested a modification, submitted complete documents on time, and was awaiting a decision when the foreclosure sale occurred.
• Fees charged or mortgage payments were inaccurately calculated, processed, or applied.
• The foreclosure action occurred on a mortgage that was obtained before active duty military service began and while on active duty, or within 9 months after the active duty ended and the servicemember did not waive his/her rights under the Servicemembers Civil Relief Act.

Borrowers are eligible for a review if their primary residence was in the foreclosure process in 2009 or 2010, whether or not the foreclosure was completed.

Additionally, the mortgage loan must be with one of the following 14 participating lenders:

• America’s Servicing Company
• Aurora Loan Services
• Bank of America
• Beneficial
• Chase
• Citibank
• CitiFinancial
• CitiMortgage
• Countrywide
• EMC
• Everbank/Everhome
• GMAC Mortgage
• HFC
• HSBC
• IndyMac Mortgage Services
• Metlife Bank
• National City
• PNC
• Sovereign Bank
• SunTrust Mortgage
• U.S. Bank
• Wachovia
• Washington Mutual
• Wells Fargo

The program also requires mortgage lenders and loan servicers to correct other deficiencies in residential mortgage loan servicing and foreclosure practices going forward. Among others, servicers must specify a single point of contact for certain borrowers who are having difficulty paying their mortgages, ensure that foreclosures are not pursued when a borrower is performing on a loan modification, and establish controls as well as oversight over their third-party vendors.

Participating lenders are currently mailing letters titled “Independent Foreclosure Review” to homeowners who may qualify for a review of their loans, along with an application packet. The application form must be received by April 30, 2012.

To learn more about the program, please visit www.independentforeclosurereview.com or call  888-952-9105, Monday through Friday from 8 a.m. to 10 p.m. (ET), and Saturday from 8 a.m. to 5 p.m. (ET).

For homeowners who do not qualify for an independent foreclosure review under this program, there are still options, including available foreclosure defenses and bankruptcy.  The foreclosure and bankruptcy attorneys at PERENICH The Law Firm have decades of experience representing distressed homeowners and helping them stay in their homes or discharging any deficiency judgment liability to the banks following foreclosure.

Many homeowners apply for a loan modification or go into a foreclosure mediation expecting that the mortgage lender will adjust the amount of principal remaining on the loan to the home’s current value, given that an overwhelming number of homeowners in Florida and throughout the country are upside down on their mortgages.  For example, if someone purchased a home in 2007 at the height of the housing market for $300,000 and obtained a mortgage for $295,000, she may ask the bank to adjust its principal loan amount to $150,000, which is the home’s current market value.

Unfortunately, while many banks may offer reductions on interest rates and extensions of the loan term to 30 and even 40 years, few banks are willing to reduce principal.  However, there is hope for a relatively small number of homeowners with a Countrywide (now Bank of America) pick-a-pay option or subprime loan.  Florida is one of 14 states that reached a settlement with Bank of America earlier this year for $8.6 billion.  The settlement terms require that qualified homeowners whose loans originated between January 1, 2004 and December 31, 2007 receive a principal reduction of up to 95% of the home’s current value.

For homeowners who do not hold such loans, there are still options, including available foreclosure defenses and bankruptcy.  The foreclosure and bankruptcy attorneys at PERENICH The Law Firm have decades of experience representing distressed homeowners and helping them stay in their homes or discharging any deficiency judgment liability to the banks following foreclosure.

A legal cause of action for wrongful death is based on a tort such as negligence.  The personal representative brings a lawsuit in the name of the deceased and for the benefit of the survivors.  To recover damages in a wrongful death lawsuit in Florida based on negligence, the plaintiff (person bringing the suit) must prove that the defendant (in this case Conrad Murray, as Michael Jackson’s physician) owed a duty of care based on the standard of care for doctors in his field , that he fell below that standard of care, and that this negligence caused the death of Jackson.  Therefore, to prove medical malpractice resulting in wrongful death, Jackson’s family must prove that Conrad Murray administered lethal levels of propofol to Jackson.  Murray’s criminal conviction may be used as conclusive evidence against him in the civil lawsuit.

At Perenich The Law Firm, our wrongful death attorneys have more than 60 years of combined experience in holding those responsible for the tragic and often deaths of innocent victims.  Our offices are conveniently located throughout the Tampa Bay, Florida area, including Clearwater,  St. Petersburg, Tampa, Tarpon Springs, and New Port Richey.