Dan Smith Law

At a recent Social Security Disability hearing, I was reminded of how professionalism and decorum in the court room overpower human emotions. The presiding judge awarded my client disability benefits, and when she expressed her sincere and overwhelming gratitude, all he replied with was a stoic “you’re welcome.”

My client had a promising future before being injured. She was on track to become a successful business woman and the head of a corporation. She sustained serious head injuries in a car accident, derailing her plans and slowly setting her employment on a decline. Her severe headaches, dizziness, and trouble concentrating left her with little job options other than waitressing or manual labor. She has suffered with her injuries for 10 or so years and was never able to get adequate medical treatment because she didn’t have health insurance. Eventually her pain got so bad that she couldn’t work at all and had to file for Social Security Disability in order to get much-needed income.

At this type of hearing, a judge with no previous knowledge of the case or client makes the decision based on the facts presented to him. Statements taken by the woman’s friends and family all proved that she experienced personality changes as a result of her head injury. Her injuries also lead her to fall down unpredictably. She had been seeking disability benefits for two years and her applications were denied because it is difficult to objectively demonstrate a head injury and how it affects a person’s life. After looking at all of the evidence, the judge ruled in her favor and awarded her two years worth of benefits.

My client couldn’t contain her emotions. She was so thankful for so many reasons. Not only was she getting the financial help she needed, but now she had a better chance of receiving Medicare to help treat her injuries. Two years worth of stress, sorrow, and pain were immediately lifted from her shoulders. She said “thank you, thank you, God bless you” to the judge while he sat 45 feet away.

Ordinarily, clients will remember two things about a judge: how they ruled and whether or not they were nice. The judge for this case was a nice man, but responded to my client’s gratitude with a quiet and professional “you’re welcome.” My client felt as if she’d been given a priceless gift and understandably wanted to show the judge her appreciation. Most people do this by shaking hands or hugging. In a court room, however, lawyers and judges need to follow rules of professionalism. His outward appearance didn’t signal any internal struggle over how to interact with my client, but it got me thinking about how decorum has overpowered the emotions involved in a hearing.

This case really reminded me why I became a Social Security Disability lawyer. Being able to help someone who really needs it makes all the hard work that goes into a case a distant memory. Disability claimants are often in the depths of financial problems. After a successful hearing, my clients sometimes give me a hug to show their gratitude and I don’t mind. These types of cases grow out of despair and desperate times, so if I can help a claimant get their benefits through an appeal and we win, I think a small gesture of appreciation is acceptable.

The attorneys of the Coye Law Firm work for everyday consumers or employees dealing with injuries, insurance disputes, and other legal problems. We strive to provide compassionate, yet aggressive representation and want to hear about your case. Call us today or visit our website to learn more.

During a recent case, I had to explain to a client why we filed suit against the negligent driver who caused his car accident instead of that driver’s insurance company. I told him that based on a Florida statute, the defendant’s insurance company can’t be involved in the case. If the case is successful, then the recovery will be from the insurance company, but the jury isn’t supposed to know that.

Florida’s non-joinder statute (§627.4136) doesn’t limit an insurance company’s liability in a lawsuit, but it does limit their exposure. In the past, a car accident lawyer filed a lawsuit against the at-fault driver’s insurance company in addition to the driver themselves. Insurance companies claimed that juries exhibited a bias when they considered a defendant’s insurance coverage. If they knew the defendant had adequate coverage to pay the plaintiff’s benefits, they would usually side with the plaintiff. This presented a business problem for insurance companies: how could they diminish their payouts if the juries knew the policy’s limits?

Insurance companies rallied for the change because educated and sympathetic juries can cost them a lot of money. Current law takes the issue of insurance off the table because powerful business forces think that it too often affects the jury’s decision. But the uncertainty of insurance coverage can go both ways: if the jury thinks the defendant has adequate coverage, then they might side with the plaintiff. If they think the defendant has no insurance, then they may take mercy on them and limit the plaintiff’s recovery. This is Florida law and as lawyers, we must comply.

It raises a certain moral dilemma, however. My client was rear-ended by a woman who wasn’t paying attention to the road while she was driving. The victim has an executive work position, no prior legal problems, a wife, two children, and he missed no time from work even though he had shoulder surgery as a result of an injury sustained in the accident. When my office sent the demand requesting payment from the defendant’s insurance company, the offer took us by surprise: $0. They offered no explanation, and wouldn’t negotiate, so we had no choice but to file suit to get the benefits my client needed to recover.

When we approached him to explain the situation, he didn’t want to be involved in a law suit, because he thought it would destroy another person’s finances. Unfortunately, there was no other option if he wanted to pay for his extensive medical bills. So we filed suit. But when he found out that the suit was filed against the negligent driver, our client was upset. I explained to him that Florida statutes governed that detail, and that the jury of his case couldn’t know whether or not the defendant had insurance.

The irony of this case is that our client would have happily negotiated and settled his case pretrial, possibly for less than he would have won in court. Insurance companies have a duty to protect their insured customers. Usually this means that the penalties against the insured won’t exceed the limits of their policy, but shouldn’t it also mean that they protect their policy holders from being sued? Any recovery in this case comes from the insurance company, but the defendant’s name is tarnished in the process. As plaintiff’s lawyers, we want all the facts to be presented to the jury so they can reach the best, true decision. The client didn’t want an excessive settlement, but simply to pay his medical bills. The insurance company’s past cowardice may end up costing them a lot of money in today’s trials if the plaintiff wins a big settlement.

The fact is that our firm rarely sues a defendant without insurance. If a judge or jury rules in favor of our client, then an uninsured defendant has to pay out of pocket. Typically, uninsured people aren’t in the best financial state and can’t pay damages, so they don’t. There is little anyone can do to force them to pay if they have no assets. Cases such as these are seen as a dead-end for our clients, so we don’t want to waste their time. Our legal team knows the defendant’s insurance coverage well before we walk into the courtroom.

It isn’t always fair or easy to understand, but insurance coverage is something everyone needs to consider. If you have been injured in a car accident or having trouble talking to your insurance company, call me at the Coye Law Firm today. We work with our clients to make sure they understand how their case is progressing and what we do to recover the most for them.

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People use social networks every day. Their activities, whether sharing pictures or writing on each others “walls,” are displayed on their profiles for their friends–or maybe the whole world–to see. Lawyers, judges, and other professionals in the legal community are beginning to use this wealth of information in their cases. For better or worse, clients need to know that their Facebook, Twitter, MySpace, or any other social networking profile can and very likely will be used in court.

I and the other attorneys at the Coye Law Firm use social networks to conduct some aspects of discovery, or the period of time before a lawsuit in which documents, statements, or evidence is collected. If a witness or defendant is difficult to get in contact with, we may use the Internet to communicate with them. Sometimes doctors post videos of medical procedures that may then be used to strengthen a client’s case in mediation. Photographic or video evidence is some of the most compelling because it gives a jury, judge, or opposing council a better idea of the nature of an injury.

Online photos are a mere snapshot of someone’s life and may be used out of context. A young client of mine was struggling with a back injury when her facebook photos were used against her. She could be seen bending over to reach a friend in one of the photos, so her opposition in court tried to claim that she wasn’t as injured as she claimed. However, the behavior was as strenuous as exercises prescribed by her doctor, so the photos weren’t damaging. It can be harder to establish or prove context for some photos, so be mindful of what goes online.

The best example of social networking used against a client is Casey Anthony’s murder trial. For those unfamiliar with the case, a young Orlando mother is currently standing trial for her two year old daughter’s murder. Photos on Casey’s Facebook profile are being used against her to prove that she went out to clubs and partied with friends while her daughter was missing. Her defense team tried to keep the photos from circulating or being used in the trial, but were unsuccessful. Posts on her “wall” also back up the prosecution’s arguments. This high-profile case is important to consider if you are in the midst of a case. Adjustors and employers may doubt the extent of an injury if a client is receiving workers’ compensation benefits. If the recipient’s Facebook, Twitter, or MySpace contains updates or photos that show them engaging in activities they are restricted from doing, that can be used against them in court. The same thing goes for any case that deals with an injury: Social Security disability, personal injury, etc.

What you post on the Internet through social networks is disbursed to many people even if you try to keep it relatively private. The sites keep records of your activities which can be subpoenaed and used in a trial. If you delete your pictures or posts, it doesn’t do much except for hide them. They never really go away. Also consider that the people listening to your case may do their own investigation online. Jurors are instructed not to read online profiles of anyone involved in the case they are hearing, but they still might. The connections that social networks create can become damaging if they show associations that diminish a person’s character or credibility.

These websites have privacy policies and practices to protect their users’ interests and rights. However, if the company is subpoenaed for their records, they may have to give up information as it relates to a case. Facebook and Twitter both require “a subpoena, court order, or other legal process document” to share private information about their users. If you are involved in a civil case, your lawyer will probably discuss this concern with you. As technology and the way people interact changes, the court system and legal advice does as well.

The Coye Law Firm uses technology to communicate and operate more efficiently, both in the office and with clients. To see how we take advantage of social networks, view our Facebook profile and our Twitter profile. We are aware of the problems and benefits that social networks pose and take this into account when advising clients. Contact the Coye Law Firm to get professional and current legal information that is relevant to the way your case may proceed.

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I’m not a vindictive person (yes I am, like everyone else, but nobody will admit to it), but what a fitting way for Brett Favre to leave the NFL if he should decide to really really really really really retire after the 2009-2010 season with the Vikings. I must at this point in time declare that I am a lifelong Green Bay Packer fan.  And though I would like to say that being a packer fan doesn’t influence what I am about to write, that would be like saying I’m not vindictive.

I was a teenager in Wisconsin in the 60’s, left for Florida in the early 70’s, and waited for the Tampa Bay Bucs to come to Florida in the 80’s so that I could watch my Packers live and on TV.  Along came Brett Favre in the 90’s.  A good old country boy similar one of my boyhood idol Bart Starr.  Then WE won the Superbowl again, but we lost the next one to the wildcard broncos even though we were a 11 point favorite.  That was the beggining of the end.

With our opening round lose to San Francisco the following year we were kicked out of the playoffs before they began for several years. We finally got back into the playoffs following the 2001 season and managed to beat those same 49ers before losing to the greatest show on turf St. Louis Rams. The following year was a total disaster in the playoffs as we lost our first ever home playoff game in franchise history to the Atlanta Falcons.  The following year was a little redemption in the first round we beat the “I want the ball, we’re going to win” Seattle Seahawks only to lose on a 4th and 26th play to the Eagles.

When we lost at home to the arch-rival Minnesota Vikings the following year I was devastated.  This was the year we drafted the guy that many predicted to be the 1st pick in the draft but he fell all the way to us at 24th, along came Aaron Rodgers. We all assumed that Brett would tutor Arron to become his seccessor.  But Brett said “It is not my job.”  After two years of mediocrity, the Pack had a regular season where all the bounces went our way and ended up 13-3.  Even in the post season we got a break because the number 1 seed Dallas Cowboys lost to the N.Y. Giants which meant we got to host the NFL Championship.

I don’t have to tell most of you how when the Giants missed the field goal at the end of regulation and we won the coin toss I thought it was destiny that Brett Favre would once again lead us to the Superbowl.  Then on second down, the “pick” happened and history was written.  For three years Favre had done nothing to squelch the rumors of his retirement, but this year was different, he actually did retire.

The packers drafted not one but two quarterbacks in the following draft and everything that happened after that is unclear to everyone including Brett and Ted.  Just more unclear to some than others.  Brett was traded to the Jets and after a great start of the season and an injured shoulder, Brett declared his love to the Jets organization and a vow that he could never ask for a release.  The Jets drafted Mark Sanchez, a quarterback, and Brett decided he could ask for his release since the Jets would have to grant it.  Of course Brett wasn’t asking for his release to sign with another team, he couldn’t do that until after training camp.  When camp broke he immediately signed with the Vikings.

Brett was able to beat the Packers twice, but still not able to keep the Pack out of the play-offs.  After the Vikings dismantled the Cowboys, they went to New Orleans.  Despite five turnovers, the vikings were driving for the winning field goal in the final minute of regulation. They probably needed five yards to make the field goal attempt for Ryan Longwell (a former Packer) more comfortable and Brett had ten yards in front of him to run, but NO he said to himself “Once a Packer always a Packer,” and to the delight of all Packer fans, threw across his body right into the hands of a New Orleans defender.  This was his last throw as a Packer because in overtime New Orleans would take the ball down and win the game with a field goal.

Thanks for the memories Brett.

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According to §440.015 of Florida Statutes, the intent of Florida workers’ compensation Law is to assure the quick and efficient delivery of disability and medical benefits to an injured worker and to facilitate the worker’s return to gainful reemployment at a reasonable cost to the employer. Unfortunately, most Florida injured workers find that there is nothing “quick” or “efficient” about the Florida workers’ compensation system. Simple requests for doctor’s appointments are denied for months without justification. Often times I will depose the adjuster and ask why something simple like an MRI is being denied because the adjuster, with a high school education and three months of training, thought it was not necessary. Don’t become a silent victim. Hire an attorney and fight for your rights.

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The term personal injury encompasses a multitude of common law torts where the injured person has a right to recover against an at-fault party who causes through their negligence an injury to another. Some examples are slip and falls, assault, battery, product claims, construction accidents, dog bites, boating accidents, defective products, such as tire defects, auto accidents, tractor trailor accidents, design defects and many others.

The essence of a personal injury claim is that someone has done something wrong and while doing so, someone was injured. Many times a personal injury claim will involve multiple theories of recovery and require the coordination between multiple insurance companies. There are several types of damages that you may claim against the person or company has caused injury.

You could have some or all of the following damages: medical expenses, lost wages, pain and suffering. If you have suffered injuries due to the negligence of another, you should call an experienced personal injury lawyer to handle your claim.

The Coye Law Firm – Auto Accidents

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Ever wonder why your favorite bar doesn’t advertise the “Super Bowl”? Instead they talk about the big game. You also will not see “Steelers vs. Falcons”, but you may see “Pittsburg v. Arizona.” This was not always the case. I remember growing up and seeing “Super Bowl” and “Super Game” posted everywhere. So what has changed you asked? Well, legally nothing. The NFL has owned these trademarks for years. What has changed is their willingness to enforce them. Their biggest fight being when they prohibited a casino in Vegas from showing the game on a big screen in a room that sat 7,000.

But the NFL is not the only entity being unreasonable with their name. In the 90’s Kentucky obtained a trademark on the word Kentucky. This is why the Kentucky Derby and Kentucky Fried Chicken stopped using their names. Now please tell me you did not believe the story that Kentucky Fried Chicken started using KFC because the FDA found out they had mutant chickens. While very funny, it is not true. Apparently KFC and Kentucky later reached a deal on using the name and KFC restaurants are being converted back to Kentucky Fried Chicken.

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Every weekend I have Sunday breakfast with my family. It was a tradition I started with my father so we would always have at least one day a week together. It has developed into a family tradition that only the bravest of the brave dare miss. I am the only lawyer in the family, so this seems to be a time I get asked the “lawyer” questions. This week we talked about the effect the economy has on my practice. One of the big effects is more and more people are not paying bills, including insurance bills. As such, more people are coming in the office that were injured by someone who was uninsured.

Even before the economy was bad it is estimated that twenty percent (20%) of all drivers had no insurance at all. A large percentage of those that were insured, carry limited coverage. To protect yourself, I recommend that you obtain uninsured/underinsured motorist coverage. I recommended to my family that they get at least one million dollars in coverage. In addition, if you have multiple vehicles you should get “stacked” coverage.

I know that in times like this it is tough to spend extra money. However, it is better to spend a little money now than to lose a lot later as a result of an uninsured driver. Also, this insurance is relatively inexpensive. Call your insurance agent today for a quote.

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Welcome to Dan Smith Law.

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