In May 2021, the Florida Legislature passed a bill which would have repealed the existing motor vehicle insurance law by eliminating Personal Injury Protection ("PIP") coverage and made Bodily Injury ("BI") liability coverage mandatory. Under the new law, drivers would have been required to purc...
Last month, Bill Cosby's request for parole was denied. On Wednesday, as a result of the decision by the Pennsylvania Supreme Court, he left prison a free man. Not only did the court vacate Mr. Cosby's convictions for sex offenses alleged to have been committed in 2004, but also barred the prosec...
Only days ago I posted a blog detailing the changes in Florida's motor vehicle insurance law which would go into effect on January 1, 2022 as a result of the Florida Legislature's passage of SB 54 in April 2021. All that was left to do was to obtain Gov. DeSantis' signature on the bottom line. We...
The 2021 Florida legislative session will be known as having accomplished a long-standing goal of the automobile insurance industry - repeal of Florida's PIP law which had been under attack for years - and undoubtedly the subject of conversations between Florida legislators and well-financ...
Although other counties in Florida have previously adopted diversion programs for drivers arrested for DUI, the program had met previous resistance in Florida's 6th Circuit, which is comprised of Pinellas and Pasco Counties. With Bruce Bartlett now serving as State Attorney, the times have...
Contrary to both urban legend and the actual laws of 14 states, under Florida law, dog owners do not get "one free bite" before they can be held liable for damages caused as a result of their dog biting another person. Florida Statute 767.04 states that " the owner of any dog that bites an...
The Florida Supreme Court has agreed to consider the case of DZE Corporation v. Vickers, in which the manufacturer of "spice" was sued as a result of a purchaser causing a fatal accident while under the influence of its product, which is known to be abused for its marijuana-like effects. F...
As most Florida residents are aware, in 2016 voters approved Amendment 2 - the "Medical Marijuana" amendment. It resulted in Article X, Section 29 being added to the Florida Constitution which states in pertinent part: " The medical use of marijuana by a qualifying patient or caregiver in...
When I began work as a Pinellas County prosecutor in 1982, there were no such thing as "sentencing guidelines". Those charged with felony offenses were sentenced by judges armed only with Pre-sentence Investigations ("PSIs") prepared by the Department of Corrections which provided the judg...
In the majority of my personal injury cases, my clients have sustained an injury to their neck and/or back from a traumatic incident, whether a fall, a motor vehicle accident or other unexpected violent occurrence. Often times, my client has had no prior neck or back pain and are suddenly ...
Like the Jetsons' microwave oven and wristwatch sized TV screens first seen worn by Dick Tracy, "autonomous" or self-driving cars appear ready to make the leap from science-fiction to everyday reality. However, while the technology has been pushed hard by the automotive industry, both wel...
Apart from rare cases like the massive, multiple car pileup which recently occurred near Dallas, most auto accident cases involve two or possibly three vehicles at most where the major focus is on quantifying the extent of the injuries and determining which driver was at fault. But what happens w...
There are few better feelings in my personal injury practice than when I have reached a settlement (or obtained a jury verdict) for one of my clients. In many cases it has been a year or more since the date of the injury - a delay caused by continuing medical treatment, the discovery proce...
Recently I received a call from a person who had been attacked without any provocation by either an intoxicated or mentally unstable neighbor. He was taken to jail, for aggravated battery and she ended up in the hospital where she underwent a series of CT scans which revealed bleeding in h...
A number of years ago I attended the deposition of a client who had been injured in a motor vehicle accident in which she had sustained neck injuries. While she did not require surgery, her injuries were documented by MRI testing and as a result she had received various treatments for her continu...
We have all been bombarded with cute and clever TV advertising promoting various insurance companies. From cute geckos and "Limu Emu", to scary cavemen and obnoxious "Flo", the message is the same: insurance companies are here to help us in our time of need. Most times that is true. But what happ...
There you are, sitting in your car in front of the police officer who just pulled you over for an inoperative taillight. The officer writes you a ticket and when he hands it to you he notices what appears to be a small baggie of marijuana in the back seat, left there by the careless friend you ju...
When I first meet with clients who have sustained an injury, whether the result of a motor vehicle accident, a fall or a physical attack, while they may have received treatment at a hospital ER or a primary care physician, it is not uncommon for them to have no idea where to turn for follow-up tr...
In my practice I handle numerous types of negligence cases, but the largest number of cases involve injuries from motor vehicle accidents. As I discussed in previous blogs, my client's own automobile insurance coverage, or "PIP" is the first source of payment for medical treatment. More likely th...
In my prior life as an Assistant State Attorney, I was given a badge and legal authority to carry a concealed firearm without the need for obtaining a license. Those times have changed. Florida residents are required to obtain a concealed weapons and firearm license in order to possess and concea...
Given the transient nature of Florida's population, it is not surprising that Florida residents are often involved in motor vehicle accidents with both out-of-state drivers and Florida residents who thereafter move to another state. When it comes time to file a lawsuit against them, the address t...
From time to time in my criminal practice I represent clients who have been stopped by police for committing various traffic infractions while driving such as making an improper turn, not coming to a complete stop or equipment violations for having a broken tail light or excessive tint on their w...
A number of years ago I was referred a client who told me how her husband died tragically as a result of an obvious medical error which occurred at a local hospital. She had two children, ages 21 and 23. I obtained treatment records, had them reviewed by a medical expert and verified that the ER ...
A number of years ago, I defended a client who was charged with conspiracy to traffic narcotics in which detectives attempted to attach a GPS transmitter to the underside of my client's vehicle. For whatever reason, the device fell off the car shortly after my client began driving it - an obvious...
While many of us are making worthwhile New Years' resolutions such as working out more, doing more charity work or keeping in better touch with friends and family members, all of us should take the time to conduct a comprehensive evaluation of our existing insurance coverage. Most times, we are b...
At Heyman Law Firm, we focus on Personal Injury and Criminal Defense and we are here to listen to you and help you navigate the legal system.