Kemp & Ruge Law Group: August 2013

Tuesday 13 August 2013

Hillsborough County Accident Fraud Ordinance Takes A Hit

If you live in the Tampa Bay area, you know about our accident fraud problem. You may have seen pain clinics pop up overnight only to be shut down shortly thereafter. Perhaps, you sought treatment at a pain clinic after a legitimate car accident, only to realize the place you walked into had a distinct "pill mill" feel to it. Or, if you have not had any firsthand experience, I bet you have noticed it every time you have had to make an ever increasing auto insurance payment.

Florida is the nationwide leader in accident fraud, and many see Hillsborough County as the epicenter. Over the past few years, Hillsborough County Commissioner, Kevin Beckner, has launched a legislative assault on accident fraud by passing ordinances designed to curtail the cash flow of the fraudulent activities, i.e. the pain clinics. However, this past Friday, August 8, 2013, the Second District Court of Appeals upheld an injunction stopping the Commissioner Beckner's most stringent ordinance. In this post, Kemp & Ruge Law Group will discuss the ordinance, why the court upheld the injunction and what can be done about the ordinance at this point, but before we begin, let's briefly discuss how pain clinics operate.

This is how a typical pain clinic scam works: someone will stage a car accident, report to the police officer who arrived that he suffered several injuries, then he will go to a clinic (that is also in on the scam), and the clinic will verify all of his professed ailments. When the insurance company sends the clinic the money for his treatment, the clinician and the person who staged the accident split the insurance money, and move on to the next scam. (For more detailed analysis of how these scams work and how much they cost, check out our previous post on the topic here).

Obviously, something had to be done to crack down on this pernicious circle of fraud. Commissioner Beckner, along with the Hillsborough County Sheriff's Department and National Insurance Crime Bureau all played a part in developing the ordinance passed back in September of 2011. The main requirements of the ordinance were as follows:

1. Operators of certain health-care clinics needed to obtain a county license (this was in addition the the state license that is already required)

2. They had to offer proof they were associated with a board certified medical doctor.

3. They were forbidden from employing convicted felons on any level of employment.

4. They had to submit to random inspections.

Though these requirements may seem stringent, (to some) they were a targeted attack at a costly crime that has run rampant in this area for far too long. In addition, despite these requirements, over seventy pain clinics obtained licenses from Hillsborough County before the original injunction was passed in January of this year.

However, despite the backing of local law enforcement, the insurance industry and a decrease in staged accidents in the area, the Second District Court of Appeals upheld the injunction. The Second District did not issue a written ruling, therefore, supporters of the ordinance do not have any other judicial remedies at this point. As Rob Brazel, county managing attorney of the litigation division attests, "where they do that, there is no further avenue to go, to the state Supreme Court or anyplace else." Because there is no written opinion, we can only speculate as to why the Court upheld the ruling.

The Plaintiffs in this case (the pain clinics) argued that Hillsborough County was not playing fair with the licensing requirements. The point of the ordinance was to curtail accident fraud, but many of the plaintiffs were denied licenses due to issues that had nothing to do with accident fraud. Some claimed they were denied because of sexual harassment claims or drug abuse problems. Further still, many of the offenses occurred decades ago, and since then, made amends for those transgressions with the state licensing board. Thus, it was not under the purview of Hillsborough County to punish them further.

While these arguments probably held some sway with the Court, perhaps the most important issue is two-fold. Not only does the ordinance pre-empt state law regarding who can have these licenses and who cannot, but it also imposes a different standard for pain clinic practitioners in Hillsborough County versus any other county in Florida. Regardless of however well-intentioned the ordinance was, this was (most likely) seen as an undue burden to everyone that had already received a license to practice under state law.

From here, Commissioner Beckner has a long fight ahead of him. The ordinance must be amended in order to remove the injunction, however it is not clear exactly how it must be amended to please the Court. In addition, the only way the ordinance can be amended is with county commission approval. Furthermore, it will be difficult to see how an amended ordinance that does not pre-empt state law will also have the "teeth" necessary to crack down on accident fraud. For now, the injunction is firmly in place and we will all wait to see what happens next in the long, arduous fight against accident fraud. Rest assured, as soon as any new developments occur, we will let you know.

As always, if you or someone you know has been an accident or a victim of someone else's negligence, do not hesitate to contact us today. (877) 941-4878, Email or check out our website's FAQ's for video answers to our most popular questions.

Click here for your Pasco County Car Accident Attorney, Hernando County Car Accident Attorney, Pinellas County Car Accident Attorney, Hillsborough County Car Accident Attorney including Tampa Car Accident Attorney, Clearwater Car Accident Attorney, Land O' Lakes Car Accident Attorney, Lutz Car Accident Attorney, Odessa Car Accident Attorney, New Port Richey Car Accident Attorney, Spring Hill Car Accident Attorney, Tarpon Springs Car Accident Attorney, and Palm Harbor Car Accident Attorney.

Friday 9 August 2013

The Lawsuit Lottery Myth

Winning a major lawsuit is not a golden parachute into early retirement. Ever since the famous McDonald's coffee suit in the early 90's, media outlets have blitzed our televisions, radios, newspapers and internet with stories of everyday people getting awarded millions of dollars for suffering personal injuries. Many of the stories downplay the severity of the injury those people suffered or, even worse, the lawsuits are fictitious. If you have ever heard of the Stella Awards, (awards given out for the most outlandish and frivolous lawsuits each year) you know exactly what we are talking about. Of course, upon further review, many of the Stella Awards are either exaggerated or completely false. (See Stella Awards Debunked).

Granted, just because a number of these claims are exaggerated or fictitious, does not mean large awards are not given out to people who suffer injuries. In this post, we will discuss the murky topic of how damages are calculated, so you have a better understanding of how this process works. Then, the next time the media throws around its newest "exorbitant lawsuit" story, you will have more insight into the topic.

If you suffer an injury due to the negligence of someone else, you can seek to recover damages from the at-fault party. The point of recovering damages is to make you "whole again" or, in other words, to return you to the position you were in before the injury occurred. Unfortunately, our legal system has no way to 100% make someone "whole again." For example, if your hand is permanently injured, the Court cannot award you a new hand to replace the injured one. What the Court can do is award you monetary compensation to best offset your current state and to help you rehabilitate the injury as best as possible.

How to calculate the amount of compensation involves a number of factors. Some of these factors include: pain and suffering, current medical bills, past medical bills, past medical history and future lost earnings.

How do these factors play out? This is the part where having a qualified, experienced attorney is key. Which factors play out for maximum impact has a lot to do with how they are presented by your attorney. However, for a simple analysis, consider an example of a carpenter and a radio personality. If both of these people lose their hand in an accident, and all the other factors between the two men are the same except their professions, the carpenter is more likely to receive more compensation. Why? Because, the carpenter can no longer work at his chosen profession. His future earnings will be decreased far more than the radio personality, who does not need both hands for his profession to the extent the carpenter does.

In addition to future lost earning, medical bills play a major role in the calculation. For many high dollar

awards, a significant portion of the award goes to cover medical bills, past and future. After all, surgeries are not cheap. If you need seven surgeries to repair your hand, that in itself, could be $500,000 or more. Thus, when you are reading in the newspaper about someone being award a $1.5 million dollar settlement, know that a large portion of that money is already allocated to expenses for treatment incurred while the case was going on and for whatever future treatment is necessary. It is NOT go out and buy a yacht money. Bottom line: if you are hearing a story about the average Joe getting millions in a lawsuit, chances are, he probably got hurt real bad. Trust us, for most people, you do not want to be in his shoes.

If you or someone you know has been injured due to someone else's negligence, especially if it is a serious injury, you should definitely contact us. Kemp & Ruge Law Group has experience with large, high profile cases where we have won clients over $1,000,000 awards. Just as importantly, we bring the same experience, tenacity and helpfulness to our clients with much smaller claims. If you are hurt, we will fight to make it right. Call us: 877-941-4878, Email us or check out a FAQ page for easy to find tips.

If you are even thinking about hiring an attorney for your personal injury case, please consult with an injury attorney. Click here for your: Pasco County Personal Injury Attorney, Hernando County Personal Injury Attorney, Pinellas County Personal Injury Attorney, Hillsborough County Personal Injury Attorney, Tampa Personal Injury, Clearwater Personal Injury Attorney, Land O' Lakes Personal Injury Attorney, Lutz Personal Injury Attorney, Odessa Personal Injury Attorney, New Port Richey Personal Injury Attorney, Spring Hill Personal Injury Attorney, Tarpon Springs Personal Injury Attorney, and Palm Harbor Personal Injury Attorney.

Tuesday 6 August 2013

Why Your Doctor Won't Treat Your Car Accident Injury?

Summertime in Florida conjures up some of the best memories one can have: grilling out, backyard sports and long days at the beach. However, inevitably, the occasional "can't believe that happened" moment enters our mind as we recall that time, "Uncle Johnny singed his eyebrows when his Weber flared up, Cousin Mikey sprained his ankle leaping for the oak tree pylon, and Lil' Susie stepped on an ornery stingray when she forgot to shuffle her feet." Summertime injuries are just part of the "give-and-take" of enjoying the wonderful weather and sunshine we have. Plus, when we get injured, most of us just go to our family doctor to get all fixed up, and it is no big deal. This is the pattern most people are comfortable with when it comes to getting injured. They get hurt, they visit their doctor, they get better. However, this pattern no longer applies if the injury was sustained in a car accident.

After sustaining a car accident injury, several people are bewildered to find out their family doctor, who they have gone to for everything from sniffles to broken bones, will not treat them. Car accidents are stressful enough without the added burden of having to find another physician, not to mention the fact that, most people do not even know why they are being refused in the first place. Kemp & Ruge Law Group understands the frustration and confusion this causes, so we want to explain some of the reasons why this happens and what to expect.

Why Your Doctor Will Not Treat You:

Though you may have a great rapport with your family doctor, it is usually better for BOTH of you to go to a physician who specializes in car accidents. Physicians who specialize in car accidents not only know how to treat your injury, but they understand how to document it and bill the auto insurance companies. While getting healed is your first priority, as attorneys, we can not stress how important it is to make sure all of your injuries are documented correctly. By "documented correctly" we mean, photographs, statements, timely treatments, etc, and they are essential to ensure you get the best possible outcome if you bring a case against the at-fault driver or his insurance company. Your average family doctor does not have experience with this level of documentation, and therefore may miss an important piece of documentation you need.

Another reason your family doctor may refuse to treat you has to do with litigation. Sometimes car accident cases cannot be settled and going to trial is inevitable. At that point, the family care doctor may be subpoenaed to testify or, at the very least, get deposed by the two litigating parties. A family care doctor (generally) is more used to treating colds, stomach pains and twisted ankles, than testifying in open court. Plus, this whole process can be very time consuming for him, and in turn, very costly because he cannot see his usual patients. Therefore, family doctors gladly pass this responsibility onto the physicians who specialize in car accident injuries, because they ARE familiar with the whole legal process and will (most likely) present a better case for you.

Finally, the last reason involves billing. Your family doctor is used to billing health insurance companies. However, if you are in a car accident, they need to bill auto insurance companies. It may not seem like a major change to the average person, but it is substantial. There are different forms, rules, regulations, stipulations, limits, co-pays, and the list goes on. Thus, your family doctor, who is (most likely) unfamiliar with the auto insurance company's way of billing would rather refer you to someone who knows how to do it. Hence, another reason there are physicians who specialize in car accidents.