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[ No Comments ] Posted on 08.21.09 under CAR ACCIDENTS, DAMAGE CONTROL, INSURANCE, INSURANCE FOR CYCLISTS, MOTORCYCLES
WHY?
Example: You buy a motorcycle. You tell your Insurance Agent you do not have health insurance so you want to be sure your motorcycle policy includes medical coverage for you if you are in an accident. You get the policy in the mail but you don’t see anything in it that looks like medical coverage for you. You call your Agent. She assures you that you do have the coverage. You get into an accident and are injured. Your insurance company then tells you your policy does not include medical coverage for you. You call your Agent. She now denies having told you your motorcycle policy included medical coverage for you.
“An ounce of prevention is worth a pound of cure.” So, always confirm important things in writing.
Joseph E. BoatwrightBillings, Morgan & Boatwright
[ No Comments ] Posted on 07.21.09 under Uncategorized
Mary Ann Morgan recently hosted a dinner for twelve women attorneys at her newly renovated ‘green’ home, extending the traditional “Table For Eight” program to seat additional attendees. Ms. Morgan’s newly renovated home has received the first Platinum Certification in the State of Florida for green building (energy efficient) compliance.
The Table for Eight program was Mary Ann’s brain child nearly four years ago, when she had a desire to bring women in the practice of law together in an informal setting without an agenda.
“The purpose behind the Program was not to ‘network’ but to ‘netweave’ relationships. Just envision a tapestry where women of different backgrounds, ages, faiths and ideas represent the threads. It brings women who have been attorneys for a little as one day to as many as forty years together to share ideas about law, the community, their families, their dreams,” says Morgan.
The program has taken off within the Central Fla Assoc for Women Lawyers and has now spread to other women’s organizations throughout the state.
[ No Comments ] Posted on 06.16.09 under Uncategorized
Mary Ann Morgan has been selected for the 2009 edition of LAWDRAGON ‘s “500 Better Than The Best”. Lawdragon selects the leading lawyers from around the nation by soliciting information from hundreds of thousands of attorneys, clients and judges to find the best lawyers from around the country.
Inclusion in the leading lawyers is a tremendous honor as the attorneys are neither permitted nor required to pay a fee to be listed. As LAWDRAGON states, “The greatest lawyers and judges endure; they have passion and magic. They make us think, they help us believe.”
To view the article in its entirety, see http://www.lawdragon.com
[ No Comments ] Posted on 06.09.09 under ABOUT THE LAWYERS, Uncategorized
Mary Ann Morgan has been chosen to serve on the Florida Bar Board of Governors. The Florida Bar Board of Governors has exclusive authority to formulate and adopt matters of policy concerning the activities of the Bar and is subject only to limitations imposed by the Rules Regulating The Florida Bar. The Board selects the executive director of the Bar, who devotes full-time to directing the overall administration of The Florida Bar. Committees and sections or members of the Bar may submit topics to the president for inclusion on the agenda for Board meetings which are held bimonthly. All Board members serve without pay.
At the May 2009 meeting the Board approved new rules for the Clients’ Security Fund program. This fund increased the maximum amount available for reimbursement when a lawyer misappropriates from a client from $50,000 to $250,000. The Board approved other rules promoting ethics and professionalism.
Mary Ann Morgan is pleased to help lead the Florida Bar and promote the highest standards of professionalism for all clients
[ No Comments ] Posted on 06.02.09 under CAR ACCIDENTS, CATASTROPHIC INJURIES, SAFETY
Is your child safe in the car?
Every parent wants to protect their child. The car is an especially vulnerable location and the information on child car seats is confusing. The National Highway Traffic Safety Administration has provided an easy to follow chart to determine the right seat for every child. This chart is found under Consumer Information and Services at the following link:
http://www.nhtsa.dot.gov/portal/site/nhtsa/menuitem.9f8c7d6359e0e9bbbf30811060008a0c/
[ No Comments ] Posted on 06.02.09 under DAMAGE CONTROL, INSURANCE
With the start of hurricane season, now is a good time to prepare. The National Hurricane Center provides an excellent reference on what you need in case of a hurricane. One aspect many people overlook is flood insurance. Homeowner’s policies do not protect you in the event of rising waters. Flood protection is something every homeowner should consider and it is one of the most affordable insurance policies to own.
For more information, see http://www.nhc.noaa.gov/HAW2/english/disaster_prevention.shtml.
[ No Comments ] Posted on 06.01.09 under CAR ACCIDENTS, Uncategorized
Did you know that your own insurer may deny you benefits after an auto accident where the insurer receives a medical report that is more than 30 days after notice of a claim? Your insurer may challenge treatment at any time on the basis that the treatment is unreasonable or not related to the accident. For more information, see http://www.floridalawweekly.com/newsystem/showfile.php?file=../files/issues/vol34/dca/913c.htm
[ No Comments ] Posted on 06.01.09 under CAR ACCIDENTS, Uncategorized
The Insurance Institute for Highway Safety has selected 34 automobiles worthy of their 2008 Top Car Safety Pick Award. These vehicles perform the best on front, side, and rear crash tests. Award winners must also be equipped with electronic stability control (ESC), which is proven to lower the risk of an accident. Here are the winners for safest cars broken down by category:
Safest large carsAudi A6
Ford Taurus w/ ESC
Mercury Sable w/ optional ESC
Volvo S80
Safest midsize carsAudi A3
Audi A4
Honda Accord
Saab 93
Subaru Legacy w/ optional ESC
Safest midsize convertiblesSaab 93
Volvo C70
Safest small carSubaru Impreza w/ optional ESC
Safest minivansHonda Odyssey
Hyundai Entourage
Kia Sedona
Safest midsize SUVAcura MDX
Acura RDX
BMW X3
BMW X5
Ford Edge
Taurus X
Honda Pilot
Hyundai Santa Fe
Hyundai Veracruz (manufactured after August 2007)
Lincoln MKX
Mercedes M Class
Saturn VUE (manufactured after December 2007)
Subaru Tribeca
Toyota Highlander
Volvo XC90
Safest small SUVsHonda CR-V
Honda Element
Subaru Forester w/ optional ESC
Safest large pickupToyota Tundra
For more information , check out http://www.iihs.org/ratings/vrc/default.htm
[ No Comments ] Posted on 04.27.09 under CAR ACCIDENTS, CATASTROPHIC INJURIES, DEFECTIVE PRODUCTS CLAIMS, MOTORCYCLES, NEGLIGENT SECURITY, PROPERTY ACCIDENTS, TRUCKING ACCIDENTS, Uncategorized, WRONGFUL DEATH CLAIMS
TIMING IS EVERYTHING! We have all heard that “timing is everything.” It applies to everything from job opportunities, relationships, buying and selling, cooking, and just about everything else affecting our lives.
From a legal standpoint, timing is crucial. Many claims are time barred by different statutes of limitation which apply to certain circumstances. For instance, most negligence claims have a four-year statute of limitations in Florida UNLESS one of the defendants (other party) is some governmental agency or entity, then special notice requirements must be met within three years. Claims for medical or professional negligence have a two year statute of limitations; but again, certain notice requirements must be met before filing those claims.
The point is, TALK TO A LAWYER regarding the applicable time frame for your case in the beginning to make sure time requirements are met. Within the last year I have had three different clients who came to me just before their statute of limitations was about to run. Most of them were trying to just “work it out” with the insurance company themselves.
Waiting until the last minute leaves the lawyer trying to make up ground that should have been covered well before the statute is ready to run. They don’t have all the information available that they need going into litigation in order to know as much or more than the other side.
While I agree that not all cases need attorney representation, there are those which definitely do. Below are some things you need to know before attempting to handle your case on your own without discussing it with a lawyer:
1) Know your Statute of limitations! They vary, as discussed above
2) In significant accident situations investigations should be done IMMEDIATELY or as soon as possible for several reasons. First and foremost, evidence can be lost such as skid marks and accident debris that could determine fault. Secondly, witnesses move and are difficult to locate. They also FORGET! They will remember more about the accident in the months immediately following than they will three years later.
3) Insurance companies get unrepresented people to make unknowing concessions by taking statements geared to favor their side and can use those statements against you later.
4) Consistent treatment with respected doctors is crucial to insure not only the best result in settling your case but more importantly the best result in your physical recovery. If you are not sure about when to hire an attorney or IF you need to hire an attorney, we are just a phone call away.
Mary Ann Morgan, Esquire, Billings, Morgan, & Boatwright LLC
399 Carolina Ave, Ste. 100
Winter Park, FL 32789 (407)679-9900 1-877-302-9900 (407)975-6505 (Fax)
[ No Comments ] Posted on 09.29.08 under CATASTROPHIC INJURIES, PROPERTY ACCIDENTS
$3 MILLION DOLLAR VERDICT
FOR CHILD CATASTROPHICALLY INJURED BY DEFECTIVE GLASS DOOR
In 2003, an eleven year old girl was catastrophically injured when she fell through a sliding glass door in a rental house at the beach. The glass should have been safety glass but it wasn ’t.
About 10 days before the incident, the young girl’s family checked into a vacation rental home. The family was in the process of moving from North Carolina and had decided to spend a few weeks at the beach while looking for a new home. The rental house had a pool and the kids, ages 11 and 8, swam virtually every day.
On July 8, 2003, the kids were swimming as Mom and Dad sat just inside watching them through a set of sliding glass doors. As the parents watched, their 11 year old daughter got out of the pool, walked to the doorway and picked up a towel. The youngster began drying herself off while standing with her back to the sliding glass door. As she dried herself, she lost balance and tipped backward against the glass door. Suddenly the glass door exploded into giant shards of razor-sharp glass. This caused the youngster to fall through the glass door onto the floor just inside the threshold.
During the fall the broken glass sliced through the back of the child’s right thigh, cutting cleanly through the skin, hamstring muscle, tendons and sciatic nerve. Blood immediately began gushing from the wound. Her parents’ looked on in absolute horror. In a terrible instant, her father realized she would bleed to death without immediate action. Dad dove to the floor and literally stuck his hand into the gaping wound in an effort to find the source of the bleeding. Miraculously he located where the majority of the bleeding was coming from and stopped it. Dad literally saved his daughter’s life that day.
This catastrophic injury forever changed the child’s life. Although she gradually regained some sensation and some mobility, the growth of her leg was disrupted. She was therefore left with a permanently deformed right leg and a multitude of related medical problems.
The property owners refused to accept any responsibility for the absence of safety glass. In the fall of 2004, Joe Boatwright, in association with John Mitchell, filed suit on behalf of the child and her parents. In the course of the litigation, the court bifurcated the trial on the issues of fault from the trial on the issues of damages. In April 2007, a jury returned a verdict finding the property owners 100% at fault for the accident. The following October, a second jury awarded damages in excess of three million dollars.