The Very Necessary Blame Game of Car Accident Law

January 25th, 2012

In Fort Lauderdale and throughout Florida, the Sunshine State has significantly busy streets. The sheer volume of traffic alone lends itself to a higher occurrence of car accidents. Factor in any additional variables, such as poor road conditions, distracted driving, drunk driving, or even faulty auto equipment, and the risk goes even higher. Though it’s often impossible to foresee and avoid a crash, many car accidents occur due to negligence that could have been avoided. In such a case, hiring a car accident lawyer in Fort Lauderdale to represent you will ensure that all responsible parties are held accountable and that appropriate compensation may be secured.

In some car accidents, a single factor and, therefore, single party may be liable. In other cases, numerous variables can come into play. For instance, if a driver is rear-ended because the driver behind him was driving a car with faulty tires, then the tire manufacturer is liable to both parties. In another scenario, if a driver is rear-ended because the driver behind him was texting rather than watching the road, probably no one else is to blame beyond the texting driver in such a car accident. In a third scenario, if an intoxicated 17-year-old collides with another driver, then not only is the 17-year-old accountable, but also the person who served him with alcohol, though there are nuances to these laws that will vary from state to state. One more layer, if you will … if, in that same car accident with the 17-year-old drunk driver, a passenger is killed due to a faulty seatbelt or air bag during the course of the collision, then the auto maker falls under scrutiny, and a wrongful death suit is warranted, as well

Sometimes, the responsibility for a car accident is cut and dried, so to speak. But other times, there exist many variables, layers, and levels that could be easily overlooked without the expertise of a car accident lawyer. Fort Lauderdale residents can benefit from a free consultation, which most accident lawyers offer to evaluate your case. If you settle with the insurance agency, it’s almost guaranteed that you will receive only a fraction of what you are rightfully entitled to.

Car Accident Lawyer Fort Lauderdale – Lawlor, Winston, White & Murphey are seasoned car accident lawyers in Fort Lauderdale with a winning record of guiding car accident victims through every detail of an accident case and ensuring fair and reasonable treatment by both insurance companies. The Lawlor, Winston, White & Murphey team has tried more than 100 jury trials and obtained verdicts, judgments and settlements in excess of $100 million for their clients. Please visit our website at http://www.lawlorwinston.com/ or call our offices at 954.525.2345 to schedule a free consultation to discuss your case. If you’re concerned that you can’t afford the services of a car accident lawyer in Fort Lauderdale, rest assured that we work on a contingency—you don’t pay us until you receive the compensation from the insurance companies.

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Broward Bulldog Patient’s Right to Know Act Article Published in Miami Herald

December 14th, 2011

Broward Bulldog Patient's Right to Know Act Article Published in Miami Herald

http://www.miamiherald.com/2011/12/09/2539478/right-to-know-act-hitting-road.html

 

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Lawlor, Winston, White & Murphey fights to uphold Patient’s Right to Know (Amendment 7)

December 14th, 2011

Lawlor, Winston, White & Murphey fights to uphold Patient's Right to Know (Amendment 7)

Featured in the Broward Bulldog:

http://www.browardbulldog.org/2011/12/constitutional-amendment-proves-no-guarantee-to-opening-up-hospital-records-to-patients/

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Lawlor, Winston, White & Murphey and Alpha & Omega Court Reporting to host 4th Annual Holiday Open House to Benefit Sheinberg Family YMCA

December 6th, 2011

Lawlor, Winston, White & Murphey and Alpha & Omega Court Reporting to host 4th Annual Holiday Open House to Benefit Sheinberg Family YMCA

http://www.ideamarketers.com/?articleid=2731028&wherefrom=LOGIN&CFID=69279796&CFTOKEN=32738286

 

YMCA Kids

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Lawlor, Winston, White & Murphey and Farmer, Jaffe, Weissing, Edwards, Fistos & Lehrman, P.L. and State Representative Perry Thurston team up to give away more than 200 Thanksgiving turkeys

December 6th, 2011

 

Lawlor, Winston, White & Murphey and Farmer, Jaffe, Weissing, Edwards, Fistos & Lehrman, P.L. and State Representative Perry Thurston team up to give away more than 200 Thanksgiving turkeys

http://powellcalvinss.newsvine.com/_news/2011/11/15/8813688-lawlor-winston-white-murphey-and-farmer-jaffe-weissing-edwards-fistos-lehrman-pl-team-up-to-give-away-more-than-200-thanksgiving-turkeys

2011 LWWM Turkey Give Away

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CAPS ON DAMAGES IN MEDICAL MALPRACTICE CASES NOT THE SOLUTION IN FLORIDA

December 6th, 2011

By Hector Lombana
Florida’s health system could be – and should be – improved. But not through the imposition of caps on medical malpractice awards. Rather, it should be done through strict monitoring and discipline of healthcare providers that requires true accountability. The caps on damages in medical malpractice actions not only continue to negatively affect the injured patients but also the basic legal and constitutional rights of Florida’s citizens.

Many think that there are legitimate health-policy reasons for the existence of caps but statistics continuously show that medical malpractice payments make up only a small fraction of healthcare costs. Thus, it becomes apparent that caps on non-economic damages have a very limited impact and are definitely not a solution to the so called “healthcare crisis.” Furthermore, arguments supporting caps in malpractice cases have now been invalidated by a Public Citizen study performed on Texas’ legal system, which imposes strict limitations on damage recovery.

A system that does a better job of managing and disciplining its doctors in order to ensure quality medical care would better serve the healthcare system, and more importantly, the victims of medical negligence, rather than an arbitrary limitation on the legal rights of those injured.

Medical malpractice is the third highest cause of death in America. Although recent studies show that up to 98,000 people nationwide each year die from malpractice, only about two percent of the victims or their families will actually pursue an action. In Florida, there is no excessive medical malpractice claim crisis, since such claims have been dropping significantly every year. But a different malpractice crisis does exist. And it is caused by increasing negligent care and the growing amount of money paid out by insurance companies and taxpayers to cover these healthcare costs. A 2009-2010 annual report released by the Florida Department of Health Division of Medical Quality Assurance reported that 30 percent of the cases presented to investigating panels resulted in probable cause versus the prior year, only 21.5 percent . Yet very little effective discipline has been handed out to help stem this increase.

From the Texas example we can learn some valuable lessons regarding the impact of caps on the healthcare system, patients and the taxpayers of our state. In 2003 Texas put into effect a $250,000 cap on non-economic damages recoverable from doctors in medical malpractice cases. Some thought that the actions taken by Texas would improve the medical system by lowering the cost of healthcare, lowering physicians’ premiums and reducing spending on outpatient services. But the Public Citizen report, “A Failed Experiment: Health Care in Texas has Worsened in Key Respects since State Instituted Liability Caps in 2003,” showed the assumptions underlying caps on damages are wrong. The report demonstrated how only doctors and insurance providers benefitted financially from the caps, leaving the injured victims with no recourse and the tax payers bearing the economic burden of the consequences of malpractice.

The study found that since 2003, Medicare spending in Texas, including spending for outpatient services, had risen at a faster rate than the national average. In fact, Texas rose from its ranking of seventh in the fifty states in 2003 to second in 2010 in Medicare spending. Not only did spending rise, but premiums for private health insurance rose faster than the national average. And, accordingly, the number of uninsured persons in Texas rose as well. Texans can rest assured knowing that Texas’ title of the state with the highest uninsured rate in the country has remained intact despite the legislature’s mission to lower healthcare costs and make healthcare more accessible through caps on damages.

The report also demonstrated that physicians are not more likely to practice in a state with more aggressive caps. In fact, Texas’ per capita increase in doctors grew slower than in the prior years, the number of physicians in “non-metropolitan areas” declined, and the per capita number of primary care physicians remained flat –even though it had shown great growth in the years before the institution of the caps.

So while Florida continues to impose caps on the recovery of medical malpractice damages, and the politicians push the interests of the citizens as their reason behind those caps, it may serve us well to heed the lessons of the Texas study. The imposition of caps serves only to take away the legal and property rights of those injured by medical negligence while creating the false impression that the public is being served by a better healthcare system. In the arena of caps on damages, there really are only two winners: malpractice insurance companies who reap the economic benefits and the negligent healthcare providers who, while benefitting financially, remain shielded from accountability.

Published with permission from Hector Lombana.
Hector Lombana is a partner with the Coral Gables-based law firm of Gamba & Lombana P.A., which focuses on medical malpractice, commercial law and litigation. For more than 20 years, he has aggressively advocated for a vibrant and growing minority legal community in South Florida.

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“Sweepstakes” Scam ALERT!!

August 25th, 2011

A scam is be perpetrated using the name “Lawlor, Winston, White & Murphey”.

Individuals around the US are being contacted by someone purporting to be from our firm advising them they have won $175k in a “sweepstakes” run by “American Shopper’s Network”. A fake copy of a Bank of America check is sent to the individual, who is provided with the telephone number 954-678-0081 to call and collect. When that number is called, it is answered “Lawlor Winston White & Murphey” and the victim is instructed to make purchase a “green dot” debit card to make a payment ranging from $400.00 to $895.00 to cover “insurance & processing” of their sweepstakes winnings. They are supplied with a bogus BOA telephone number (202-595-2117) to call and confirm as well.

It is believed that this scam originates from Jamaica and is being perpetrated using pre-paid cell phones.

BE ON THE ALERT FOR THIS SCAM.

The FBI’s Miami Field Office has been notified, and the Fort Lauderdale Police have opened an investigation under Case Number 11-92716. Call your local FBI Field Office and the FLPD to add to the report if you are contacted about this scam.

www.LawlorWinston.com

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Andrew Winston Completes Second Three Year Term on a Florida Bar Grievance Committee

August 20th, 2011

Andrew Y. Winston, Esq. Completes Second Three Year Term on a Florida Bar Grievance Committee

Fort Lauderdale, FL  August, 2011 -- Andrew Y. Winston, managing partner of Lawlor, Winston, White & Murphey, a Fort Lauderdale Personal Injury Trial firm, has completed his second three-year term on a Florida Bar Grievance Committee.  He first served as Chair of GC 17D, from 2003-2005.  Most recently, he sat on and chaired GC 17A from 2008-2011.  Florida Bar Grievance Committees are comprised of lawyers and non-lawyers and are charged with investigating Bar Complaints against Florida lawyers.

"Serving on a Florida Bar Grievance Committee is one of the most rewarding and eye-opening experiences any Florida lawyer can have," said Andrew.  "I am, again, pleased and proud to have been able to serve the Broward County community in this fashion.

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The law firm of Lawlor Winston provides the very best representation to their clients – ensuring they are represented at the highest and most effective levels, focusing on protecting the rights of individuals and families. Practice areas include Catastrophic Personal Injury including Wrongful Death, Auto Accidents, Premises Liability, Insurance Bad Faith Disputes, Professional Malpractice, Commercial Litigation, Maritime/Admiralty, Labor & Employment Disputes and ERISA Claims. The firm is headquartered at 2211 Davie Blvd, Ft. Lauderdale, FL 33312. They may be contacted at (954) 525-2345. Additional information about Lawlor Winston may be obtained from the Firm's website at www.LawlorWinston.com. 

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Bankrupt Palm Beach Princess Settles Casino Death Case

August 20th, 2011

LWWM Partner, Ben Murphey, Part of Legal Team that Resolved Casino Death Case on Behalf of 77 year-old's Estate 

Fort Lauderdale, FL  August, 2011 --The Palm Beach Princess has settled a lawsuit that was filed against them last year by Lawlor, Winston, White & Murphey (Fort Lauderdale) and the Law Offices of Craig Goldenfarb (West Palm Beach) for the death of Fiping “Phil” Racoma, aged 77 when he died. Mr. Racoma died when he had a heart attack in the casino of the ship, which is now moth-balled in a port in the Bahamas, awaiting dismantling. The fatal voyage for Mr. Racoma took place on October 6, 2009 when the ship set sail with only one working engine, and limped back to the Port of Palm Beach as Mr. Racoma lay dying. 

Despite the death of another passenger the previous year, the ship was not equipped with any Automated External Defibrillator (AED), which may have saved his life, says his attorney, Ben Murphey, Esq. of Fort Lauderdale.  “Hopefully, cruise ships and other businesses will realize that these effective, inexpensive, and easy to use medical devices should be purchased not only for the safety of customers, but for the safety of their employees and their management. It’s often the business owner’s life that is saved by AEDs” says Murphey. Although the amount of settlement is being kept confidential out of respect for the family, Mr. Murphey says, “the recovery will allow Mr. Racoma’s widow to enjoy the remainder of her life to the extent possible after needlessly losing her husband”.

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The law firm of Lawlor Winston White & Murphey provides the very best representation to their clients – ensuring they are represented at the highest and most effective levels, focusing on protecting the rights of individuals and families. Practice areas include Catastrophic Personal Injury including Wrongful Death, Auto Accidents, Premises Liability, Insurance Bad Faith Disputes, Professional Malpractice, Commercial Litigation, Maritime/Admiralty, Labor & Employment Disputes and ERISA Claims. The firm is headquartered at 2211 Davie Blvd, Ft. Lauderdale, FL 33312. They may be contacted at (954) 525-2345. Additional information about Lawlor Winston may be obtained from the Firm's website at www.LawlorWinston.com. 

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LWWM Managing Partner, Andrew Winston featured in The Wall Street Journal and Florida Trend Magazine

August 19th, 2011

LWWM Managing Partner, Andrew Y. Winston Featured in the Wall Street Journal and Florida Trend Magazine

Fort Lauderdale, FL  August, 2011 -- Andrew Y. Winston, managing partner of Lawlor, Winston, White & Murphey,  was featured in a June, 2011 Special Edition of The Wall Street Journal called, "Top Attorney's in Florida", as well as in the July, 2011 Florida Trend Magazine, "The State's Legal Leaders."

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The law firm of Lawlor Winston provides the very best representation to their clients – ensuring they are represented at the highest and most effective levels, focusing on protecting the rights of individuals and families. Practice areas include Catastrophic Personal Injury including Wrongful Death, Auto Accidents, Premises Liability, Insurance Bad Faith Disputes, Professional Malpractice, Commercial Litigation, Maritime/Admiralty, Labor & Employment Disputes and ERISA Claims. The firm is headquartered at 2211 Davie Blvd, Ft. Lauderdale, FL 33312. They may be contacted at (954) 525-2345. Additional information about Lawlor Winston may be obtained from the Firm's website at www.LawlorWinston.com. 

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