Charpentier Law Firm Blog

The December 2, 2011 edition of the CLAIMS JOURNAL reported that the Supreme Court of Georgia has disbarred two personal injury lawyers who paid non-lawyers to refer clients to them.

In a 5-to-2 decision announced Wednesday, the court said that although law partners Steve Freedman and Thomas Sinowski had no prior disciplinary history, their misconduct involved more than 1,300 cases.

The Review Panel of the State Bar had recommended that the high court disbar Freedman and Sinowski for their use of runners to solicit personal-injury cases. The Official Code of Georgia prohibits attorneys from paying non-lawyers for referrals.

A special master in the case found that Freedman and Sinowski paid at least $276,025 to runners from 1996 to 1999.

The attorneys argued they were singled out for unparalleled punishment.

In his dissent, Justice Harold Melton said a three-year suspension was appropriate.

To speak with a member of our legal team, contact Charpentier Law Firm, P.A.http://www.brevardlawyer.com/html/auto-accidents.html Our Brevard injury attorneys are here to help.

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Florida Today-December 13, 2011-According to the article local Melbourne, Brevard County, Florida officials want to lower the speed limit on State Road A1A at the curve of Ocean Park from 35 mph to 25 mph. They believe this will decrease the catastrophic automobile crashes that occur in this area. Apparently after studying the sharp curve at the park’s entrance state Department of Transportation engineers determined the current 35 mph speed limit was appropriate. Police Chief asked the Department of Transportation to reconsider the 25-mph speed limit along Ocean Avenue in Melbourne Beach’s main commercial drag. He also wants to have installed a guardrail at Ocean Park and upgrade a crosswalk one block from the park in Melbourne Beach, Brevard County, Florida. In response, DOT will conduct a new traffic study. Currently the sharp turn is marked with 15 mph directional signs to better warn northbound drivers. The Department of Transportation will install improved warning signs, a second vehicle-actuated flasher, and pavement striping and markings.

Ocean Park’s Sharp Curve Traffic Accident Study:

- From May 2009 through January, 12 crashed occurred within 400 feet of the State Road A1A curve at Ocean Park, Melbourne Beach, Florida, a Florida Department of Transportation study shows.

- Of these, six motorists – including two DUI drivers – missed the turn and stuck fixed objects in and near Ocean Park, Melbourne Beach, Florida.

- These crashes generated seven injuries and property damages totaling $80,150, the study shows.

For more information Automobile Accidents Click Here: http://www.brevardlawyer.com/html/auto-accidents.html

In an article by Jeff Buchanan in the December, 2011 issue of SPORT RIDER MAGAZINE, he discusses the the issue of the world’s addiction to cell phones, the internet, texting and tweeting. The article states that in a relatively short period of time since their invention, the general public has integrated these various devices into every aspect of life, most notably while driving. This practice demonstrates a disturbing disregard for safety and common sense, risking bodily injury in trade for some connectivity while driving.

To a motorcyclist this new trend presents a very real, very immediate concern; that one might be taken from this planet because of a driver’s insistence on texting to a friend. This epidemic addiction represents a genuine threat to motorcyclists by virtue of a simple law of physics; cars weigh a lot more than a motorcycle.

This dangerous, increasingly accepted norm of drivers being drunk while texting and fumbling with dialing has resulted in a serious increase of accidents. The Auto Club has conducted studies and found that drivers who are texting, dialing or chatting effectively reduce their concentration and reaction times to those on par with someone who is legally drunk, increasing the risk of an accident four-fold. Now consider this; a whole lot more people are texting, dialing and yabbering than are drinking. Do the math.

So exactly what needs to be said while driving that is so vital that it’s worth risking killing and maiming?

Drivers who are texting, dialing or chatting effectively reduce their concentration and reaction times to those on par with someone who is legally drunkMotorcyclists have always been subject to the dangers posted by other motorists. It comes with the two-wheels versus four-wheels territory. The danger has always been present and comes in all shapes and sizes; stupidity, lameness, carelessness, greediness, impatience, anger, and, the most egregious; intoxication–either by drugs or alcohol. However, unlike driving drunk or while impaired on any number of drugs, for some reason this new fascination with trying to communicate while driving seems to enjoy a high degree of tolerance. There doesn’t seem to be much public outcry over it.

If you have been involved in a motorcycle accident, you can benefit from the experience and knowledge of the Brevard County motorcycle accident lawyer Charpentier Law Firm, P.A.

The  Brevard County personal injury attorneys at Charpentier Law Firm, P.A., have the experience and resources to handle any type of motorcycle accident case, no matter how complex the circumstances. Contact our practice for a case review.

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According to a recent article by Julie Patel in the October 14, 2011 edition of SOUTH FLORIDA SUN-SENTINEL.COM the insurance industry says that there’s a one-in-four chance that the driver in the car next to you does not have auto insurance. Florida is in the top five states for uninsured drivers, according to the Insurance Research Council.

The state estimates the percentage of uninsured drivers is much lower, but regardless the number of uninsured drivers is one reason Floridians pay $1,476 a year, on average, for automobile insurance, Insure.com estimates. More than half of the premium pays for bodily injury, physical damage and uninsured motorist coverage, and nearly a fifth for personal injury protection and medical payment coverage, according to 2009 data from the National Association of Insurance Commissioners. The rest goes for collision and comprehensive coverage.

The article goes on to say that while state officials hold meetings and news conferences to declare war on personal injury protection (PIP) insurance fraud, few raise the possibility of doing more to enforce a Florida law requiring cars have at least $10,000 in PIP coverage and $10,000 in property damage liability coverage. “If all drivers had insurance, and all carried adequate liability insurance, then there would be little need to purchase” uninsured motorists coverage, said Sharon Tennyson, an associate professor at Cornell University’s Department of Policy Analysis and Management. PIP coverage also would cost less: “If some drivers are uninsured, then the full costs will have to be borne by the insured driver’s insurance.”

In Florida, a driver whose insurance expires has a note put on his record in the Department of Highway Safety and Motor Vehicles’ computer system and his license, registration and tags could be suspended. But the information isn’t sent to local law enforcement or noted in its computers in the field. “With 18 million-plus registered vehicles, [that's] hard to do,” said Ann Howard, a spokeswoman for the department. As it is, “plenty of people are pulled over without proof of insurance, and there are repercussions.”

DHSMV estimates 3 percent to 4 percent of registered vehicles in Florida are uninsured, based on the number of tickets doled out, warnings from insurers and other information, she said. The research council’s ranking is “just flat-out wrong,” she said, blaming the council’s methodology. “This is just their attempt to scare people in Florida that there are all these people driving uninsured, which is not the truth,” she said. Hialeah police partnered with 19 insurers for a day last month to verify insurance during normal traffic stops and they found 40 uninsured drivers among the 228 who received summons for traffic violations, according to a report from the Hialeah Police Department. One person was arrested for having a fake insurance card.

Insurers are required to tell the state when a driver’s insurance has lapsed. The state then gives the driver 20 days to prove he or she has insurance, or face suspension, Howard said. Once suspended, it costs $150 to reinstate the first time and $500 after that. David Corum, of the research council, stands behind his estimates, which are based on a ratio developed to allow for comparisons across states. The research council is funded by leading property and casualty insurers and groups and uses the information to raise awareness about uninsured drivers nationwide and

the problems they can create for insurers and policyholders.

Higher unemployment seems to be a factor. Unemployment was 10.5 percent in 2009 for Florida and Tennessee, both among the five states with the most uninsured drivers. It was around 8 percent or less for the states with the lowest uninsured drivers, according to the Bureau of Labor Statistics. Of course, insurance only gets more expensive when more drivers drop coverage.

States with highest percentage of uninsured driversMississippi 28 percent

New Mexico 25.7 percent

Tennessee 23.9 percent

Oklahoma 23.9 percent

Florida 23.5 perent

States with lowest percentage of uninsured drivers

Massachusetts 4.5 percent

Maine 4.5 percent

New York 5.4 percent

Pennsylvania 6.6 percent

Vermont 7.1 percent

Source: Insurance Research Council

If you or someone that you care about has been hurt in an auto accident, you need a legal team that will fight for you and your rights every step of the way. To speak with members of the Charpentier Law Firm about your case and to find out how we can help, contact our Central Florida personal injury attorneys today.

For more information on Automobile Accidents and Personal Injury Click Here: http://www.brevardlawyer.com/html/auto-accidents.html

According to an article by Dave Berman in the September 17, 2011 edition of FLORIDA TODAY, the State of Florida ranks high in uninsured drivers and only about 10% of auto insurance premiums cover the shortage. The article goes on to state that, according to new national study, if you’re in a car accident in Florida, the chances are nearly 1 in 4 that the other driver doesn’t have the insurance to cover your injuries.

According to the article, the Insurance Research Council estimates that 24% of Florida’s drivers are uninsured, based on its national study of uninsured motorist insurance clams in relation to bodily injury claims. That ranks Florida in the top five of uninsured motorists, along with Mississippi, New Mexico, Oklahoma and Tennessee. Nationwide, 13.8% of drivers have no insurance, the study found.

“Despite laws in many states requiring drivers to maintain insurance, about 1 in 7 motorists remains uninsured,” Insurance Research Council Senior Vice President Elizabeth Sprinkel said in a statement accompanying the study. “This forces responsible drivers who carry insurance to bear the burden of paying for injuries caused by drivers who carry no insurance at all.” Sprinkel said it is “an unfortunate consequence of the economic downturn and illustrates how virtually everyone is affected by recent economic developments.”

Brian Keeley, manager of All Brevard Collision, an auto body shop in Palm Bay that is part of Brevard County’s six location Craftmaster Auto Body group, is seeing it first hand. Keeley said that more people are coming in for repairs on their vehicles after being hit by uninsured motorists. He suspects that’s a sign of the tough economic times, as people with tight personal budgets choose paying their mortgages and buying groceries over keeping their auto insurance current.

Jack McDermott, director of communications for the Florida Office of Insurance Regulation, said one factor in

Florida’s relatively high ranking in the Insurance Research Council estimate of uninsured motorists may be a quirk in Florida’s auto insurance rules. Florida requires drivers to have what’s called personal injury protection, which covers them for up to $10,000 of their own injuries, regardless of who is at fault in an accident. But, unlike most states, it does not require drivers to have insurance covering the bodily injuries of people in other vehicles. So, while drivers might have the minimal insurance required in Florida covering $10,000 in damage to another vehicle or structure, many don’t have the optional bodily injury insurance that was the focus of the Insurance Research Council study. The personal injury protection or PIP coverage has been a subject of state legislative debate because of proven and suspected fraud by Florida drivers filing claims under the “no-fault” program, including alleged staged accidents. That’s leading to proposals to change the system. “We fully anticipate that PIP reform will be one of the insurance issues on the legislative agenda next year,” McDermott said.

The article further states that while not having insurance saves money for the drivers who forgo it, the costs are passed onto all other drivers. The typical Florida motorist pays $100.41 per vehicle for uninsured and underinsured motorist coverage — about 10% of the total premium, according to data from the National Association of Insurance Commissioners. Florida is the fourth most expensive state for auto insurance, with an average annual cost of $1,055 a vehicle, compared with a national average of $789, the insurance commissioners’ organization reported.

Danielle Deriso of West Melbourne was riding in her Toyota Camry with her husband, Sam, on Hibiscus Boulevard in Melbourne when it was hit by a vehicle driven by man with no insurance and no license in a borrowed car. The Derisos’ insurance picked up the cost of the repairs to their car. Danielle Deriso said she appreciates that the other driver at least stopped to check whether they were injured and give police his information. And she understands how many Florida drivers choose to go uninsured. “For some people,” Deriso said, “it’s a choice of buying auto insurance or feeding your kids.”

If you or someone that you care about has been hurt in an auto accident, you need a legal team that will fight for you and your rights every step of the way. To speak with members of the Charpentier Law Firm about your case and to find out how we can help, contact our Central Florida personal injury attorneys today.

For more information on Automobile Accidents and Personal Injury Click Here: http://www.brevardlawyer.com/html/auto-accidents.html

An article by Don Walker in the September 19, 2011 edition of FLORIDA TODAY, states that as expenses rise, Brevard County and area funeral homes try to find common ground to dispose of the indigent dead.

According the article, a two acre lot off Titusville’s South Deleon Avenue, barely five miles east of Interstate 95 contains the plots that mark the final resting places for the nameless, unclaimed and indigent dead in Brevard County. Within the confines of a chain-link fence, coontie shrubs, mowed grass and small mounds of freshly turned dirt make up the landscape that is otherwise covered with gray cement-molded headstones. “This may not be an ideal setting, but at least there’s some place for them to be,” said Ian Golden, director of Brevard County Housing and Human Services. “All the things you would expect from a plot, you still get that when you’re here.” In all, there are 411 graves in this nameless cemetery. Space is available for 100, maybe 150, more. “We’re running out of room,” said Golden, whose county office disposes of unclaimed and unidentified remains, as required by state law.

Lack of space at the cemetery and efforts to reduce costs have led the county to turn in recent years to an alternative method of disposal — cremation. The number of cremations funded by the county, as mandated by the state, has climbed from 160 in 2006 to 234 last year. In that same time span, the number of burials declined from 20 to seven.

Brevard County has spent nearly $400,000 to deal with the dead in the past four years. And it soon may cost more. Area funeral homes are asking the county to double what it pays them for cremation services, from $450 to $900. The county also pays $600 for burials, which can cost funeral homes as much as $1,600. “Funeral homes charge differently,” Golden said. “They obviously don’t think we pay enough.”

South Brevard Funeral Home in Melbourne handles more than 100 cremations and burials for the county each year. Owner Mike Ammen’s father started the business in 1970, and it includes Palm Bay Funeral Home and East Coast Cremation and Burial in Melbourne. Ammen said the amount the county pays hasn’t changed in 20 years. “But the cost of doing business has gone up over those 20 years,” he said. “There’s more to it than what’s on the surface,” Ammen said. “We have to pick the deceased up, do all the paperwork, the permitting, shelter the deceased, provide a cremation container and a container for the cremated remains. There’s more to it than the act of cremation.” Hiring grave diggers and a burial service costs South Brevard Funeral Home more than the county’s $600 reimbursement rate, Ammen said. Families have the ultimate say on whether a burial or cremation is performed, but the county decides for those bodies unclaimed or unidentified. Compare what the county pays to what the public pays for the same services: “The simplest cremation cost is $885. For the simplest burial, by the time you buy a grave, pay grave diggers, you’re talking in the $3,500 range,” Ammen said.

Local funeral homes agree the county’s review of the fees paid to funeral homes is long overdue. Whether the rate will be adjusted will ultimately be up to county commissioners to decide. The county budgets $80,000 annually for burial and cremation services. High volume has forced the county to dip into emergency funds three of the past four years to cover costs. An additional $80,000 would be needed if the county doubles its fees to funeral homes.

“If we go with the amount requested we would be the highest paying in the 14 counties we’ve contacted for comparison” for disposals, Golden said. Neighboring counties like Orange and Seminole pay $350 and $400

respectively. Hernando County, one of 14 counties contacted by Brevard for a reimbursement rate comparison,

pays $650 — the highest of those contacted. Currently, cremations are being encouraged but not required for financially strapped families who rely on the county for help. Eligibility is based on income and circumstance.

To speak with a member of our legal team, contact Charpentier Law Firm, P.A.

Some Facts on Alzheimer’s Disease are the following:

1. 5.4 million Americans have Alzheimer’s disease, a fatal brain illness

2. 11 million family members or friends act as caregivers across the country

3. 500,000 people in Florida have Alzheimer’s disease

4. 1 in 8 baby boomers will either die with or from the disease

5. $20 trillion estimated cost to treat the disease over the next 40 years

Florida Today-May10, 2011

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Answer: When you reach full retirement age, if you receive social security disability benefits, your disability benefits will automatically convert to retirement benefits. The amount will remain the same.

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Florida Today-Associated Press-November 17, 2010-According to this Associated Press article Governor Charlie Crist says he will pursue a pardon for long-dead rocker Jim Morrison. Apparently Morrison was a Florida native. Morrison died nearly 40 years ago in Paris bath tub at the age of 27. The pardon was based on Morrison’s conviction of exposing himself on stage during a 1969 concert in Miami. Apparently Morrison was appealing that conviction when he died. The Clemency Board meets on December 9, 2010 will make a decision.

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- Top rank state for clean energy businesses and jobs (CQPEW Charitable   Trust)

- Top emerging biotechnology cluster (GEN Magazine)

- Leading state for high-tech establishments and high-tech employment (Cyber States)

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