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236 South Lucerne Circle
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Orlando, Florida 32801
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Personal Injury Lawyers
Serving Orlando and Throughout Florida
Wooten Honeywell News Briefs – Vol. 2
Dan H. Honeywell – Honored by his peers.
Mr. Dan Honeywell will once again be included in the newest edition of The Best Lawyers in America® in the areas of Medical Malpractice and Personal Injury. According to Woodward/White, Inc., “inclusion in Best Lawyers® is based on an exhaustive and rigorous peer-review survey that has been developed and refined for nearly 25 years.” ALM’s Corporate Counsel, the business magazine for the Chief Legal Officer, calls The Best Lawyers in America® “the most respected referral list of attorneys in practice”. Congratulations, Mr. Honeywell!
2006 Mid-term Elections
November elections are almost upon us. We believe it is an appropriate time for us, with the help of the American Association of Justice (ATLA), to report on some of the false attacks on our Civil Justice System that are being made by some of the candidates. Please consider these when casting your vote this November:
False Statement #1: Lawsuits are causing healthcare costs to increase due to physicians practicing “defensive medicine.”
Fact: The Congressional Budget Office (CBO) and the Governmental Accounting Office (GAO) have stated that the methodology utilized to calculate the cost of “defensive medicine” used outdated and limited data; looked at only one type of heart procedure performed on Medicare patients; and extrapolated the results to the entire health care industry.
False Statement #2: Lawsuits are forcing doctors to stop practicing.
Fact: The American Medical Association reports the number of physicians is up more than 40 percent since 1990.
According to the GAO, many of the reports of doctors relocating to other states, retiring or closing their practices due to an increase in medical malpractice claims were found to be inaccurate or involved very few physicians.
False Statement #3: Insurance premium increases are forcing doctors out of business.
Fact: The fact is that the root of the problem is medical malpractice insurers, not the medical malpractice claims. Physicians’ insurers have been increasing their premiums faster than the claim payments to patients (up to 21 times the increase). And according to a 2005 Public Citizen of study of malpractice payments from 1991 – 2005, medical malpractice payments remained flat for the first 10 years and even dropped in the last four years.
Additionally, attempts by the insurers to restrict patient’s rights through medical malpractice “reform” bills were never intended to reduce physicians’ premiums. A press release from the American Insurers Institute stated: “Insurers never promised that tort reform would achieve specific premium savings.”
Source: American Association of Justice. For a copy of the complete report and its sources, go to www.atla.org/enews/
WHAT IS PIP COVERAGE???
By: Cindy G. Duque, Esq.
Most of us by law have personal injury protection (PIP) coverage through our own insurance company, which provides coverage for a percentage of our medical treatment and lost wages. The standard PIP coverage amount is $10,000.00 and it covers 80% of your medical bills and 60% of your lost wages. The great thing about PIP is that your coverage is always there for you to use regardless of who was at fault for the accident.
When you purchase insurance, you should consider asking your insurance agent the following questions:
- How much PIP coverage is included in this policy?
- Do I have a PIP deductible?
- Can I purchase additional PIP or Medical Payment coverage?
If you are involved in an auto accident, you will be asked to fill out a PIP application form by your own insurance company in order to begin using these benefits. You can then use the claim number provided to you when you make an appointment to see your different healthcare providers. When you call to make an appointment, you should make sure that the healthcare provider accepts your PIP coverage. You may also use your health insurance coverage as a secondary source of payment.
Once your PIP coverage is exhausted, you will no longer have any insurance coverage available to cover your medical expenses. Therefore, especially for those individuals who do not have health insurance coverage, it is very important that you use your PIP coverage wisely.
Unfortunately, often times our own insurance companies will want to suspend or cut-off our PIP benefits if they feel that the treatment received is not related to the accident, that it is not reasonable, or that the treatment is excessive and will no longer offer any benefit. They usually initiate this process by sending you to an Independent Medical Examination (IME). You are obligated pursuant to your insurance agreement to attend the IME or they can suspend your benefits for lack of cooperation. After the IME, the examining doctor will write a report which often states that no further medical treatment is necessary or reasonable. Your insurance company will use this IME report to suspend all future benefits.
It is important for you to consult with a personal injury lawyer if you feel your insurance company is wrongfully denying you your PIP benefits.
Your Personal Injury Deposition – Are You Be Ready?
If you have never had a deposition taken before, you are sure to be hesitant, maybe even terrified, because you do not know what to expect. Although your lawyer will discuss the procedures with you prior to the deposition, it may help you to be better prepared if you understand what is expected of you.
First of all, you should dress appropriately, just as if you are appearing before a judge. During the deposition, the defense will be trying to determine how presentable you will be should we go to trial.
Secondly, remember that the defense counsel is not your friend. It is not in your best interest to make their job easier by helping them discover new areas to question you about. Answer their questions truthfully, but keep your answers short and to the point.
Don’t be afraid to say, “I don’t know” when answering their questions. If the defense asks you to guess, be sure to preface your answer with “I’m only guessing…” or “I would estimate that…”
In a personal injury case, be prepared to give a detailed description of your injuries. You may be asked about your pain, how intense it is, where the pain is located, or does it ever go away. You may be asked to rate the pain on a scale of 1 to 10.
Also be cautious when answering questions about times or time lines. If you are not sure, be sure to preface your answer with “at approximately…” or “about …”. Otherwise, if you go to trial you may appear to be deceitful or unsure of what happened.
You can be personable, but do not volunteer any information. And during the breaks, do not mingle with the defense counsel; any small talk relating to your case that you think is off the record may be brought up when the deposition resumes.
Most importantly, tell the truth. Most often defense counsel will know the answer to the questions they are asking, but are documenting your answer in preparation for trial. If you are untruthful, it will surely come back to haunt when you are in the courtroom.
Firm Highlights
New Staff Members:
- Annette Adjutant, Receptionist
10 Year Service Awards:
- Toni Perez – Assistant to Ed Normand
Previous Newsletters
- Wooten Honeywell News Briefs – Vol. 1
- Wooten Honeywell News Briefs – Vol. 2
- Wooten Honeywell News Briefs – Vol. 3
- Wooten Honeywell News Briefs – Vol. 4
- Wooten Honeywell News Briefs – Vol. 5
- Wooten Honeywell News Briefs – Vol. 6
- Wooten Honeywell News Briefs - Vol. 7
- Wooten Honeywell News Briefs - Vol. 8
- Wooten Honeywell News Briefs - Vol. 9
- Wooten Honeywell News Briefs - Vol. 10
- Wooten Honeywell News Briefs - Vol. 11
- Wooten Honeywell News Briefs - Vol. 12
For More Information About Our Firm, please see:
Credentials / Community Involvement/Our Attorneys
Florida Personal Injury Lawyers
(800) 235-7060
Wooten, Honeywell, Kimbrough, Gibson,
Doherty & Normand
Professional Association
236 S. Lucerne Circle at Delaney
Orlando, FL 32801