personal-injury-miami-case

florida nursing home deaths irma

florida nursing home deaths irma

Nursing Home Abuse Lawyer

The elderly are the most vulnerable of our community. Many lack the ability to communicate and are completely reliant on their caretakers and family. Many nursing and rehabilitation residents are infirm and cannot help themselves or speak out when nursing home abuses befall them. When we entrust our loved ones to a nursing home, unfortunately we must count on professional caretakers to supervise every aspect of their life, from bathing to administering medication. As nursing home abuse lawyers, we see all types of negligent treatment of our elderly on a routine basis that often result in wrongful death. Some of the common abuses we encounter with nursing home negligence cases are bed sores, fall downs, and misadministration of prescriptions.

While nursing homes are regulated by the state of Florida under Chapter 400 (Nursing Homes and Related Health Care Facilities), the government cannot adequately monitor what goes on at these nursing homes on a regular basis.. Sometimes it feels like the only thing keeping nursing home operators and owners somewhat in check are nursing home abuse lawyers like us. Even then, the way the laws are set up, it is not easy to sue a nursing home. Nursing Home abuse lawyers must follow pre-suit statutes similar to medical malpractice laws which increase the cost and difficulty in bringing a nursing home case. Complicating matters, many nursing homes have inadequate insurance policies if they have insurance at all. Sometimes the corporate owners of the nursing homes play a shell game, and have holding companies with minimal assets or “wasting” policies that drain the policy limits as the cases are being defended until there is little or nothing left to recover from. At Perkins Law Offices, our nursing home abuse lawyers will evaluate your or your love ones claim for free. Call a nursing home abuse lawyer at 305-741-5297 (LAWS) or toll free at 855-741-5296 (LAWS) or email Perkins@perkinslawoffices.com

personal-injury-miami-case

Hollywood, Florida Nursing Home Abuse Lawyer

The elderly are the most vulnerable of our community. Many lack the ability to communicate and are completely reliant on their caretakers and family. Many nursing and rehabilitation residents are infirm and cannot help themselves or speak out when nursing home abuses befall them. When we entrust our loved ones to a nursing home, unfortunately we must count on professional caretakers to supervise every aspect of their life, from bathing to administering medication. As nursing home abuse lawyers, we see all types of negligent treatment of our elderly on a routine basis that often result in wrongful death. Some of the common abuses we encounter with nursing home negligence cases are bed sores, fall downs, and misadministration of prescriptions.

While nursing homes are regulated by the state of Florida under Chapter 400 (Nursing Homes and Related Health Care Facilities), the government cannot adequately monitor what goes on at these nursing homes on a regular basis.. Sometimes it feels like the only thing keeping nursing home operators and owners somewhat in check are nursing home abuse lawyers like us. Even then, the way the laws are set up, it is not easy to sue a nursing home. Nursing Home abuse lawyers must follow pre-suit statutes similar to medical malpractice laws which increase the cost and difficulty in bringing a nursing home case. Complicating matters, many nursing homes have inadequate insurance policies if they have insurance at all. Sometimes the corporate owners of the nursing homes play a shell game, and have holding companies with minimal assets or “wasting” policies that drain the policy limits as the cases are being defended until there is little or nothing left to recover from. At Perkins Law Offices, our nursing home abuse lawyers will evaluate your or your love ones claim for free. Call a nursing home abuse lawyer at 305-741-5297 (LAWS) or toll free at 855-741-5296 (LAWS) or email Perkins@perkinslawoffices.com

400.0233 Presuit notice; investigation; notification of violation of resident’s rights or alleged negligence; claims evaluation procedure; informal discovery; review; settlement offer; mediation.—
(1) As used in this section, the term:
(a) “Claim for resident’s rights violation or negligence” means a negligence claim alleging injury to or the death of a resident arising out of an asserted violation of the rights of a resident under s. 400.022 or an asserted deviation from the applicable standard of care.
(b) “Insurer” means any self-insurer authorized under s. 627.357, liability insurance carrier, joint underwriting association, or uninsured prospective defendant.
(2) Prior to filing a claim for a violation of a resident’s rights or a claim for negligence, a claimant alleging injury to or the death of a resident shall notify each prospective defendant by certified mail, return receipt requested, of an asserted violation of a resident’s rights provided in s. 400.022 or deviation from the standard of care. Such notification shall include an identification of the rights the prospective defendant has violated and the negligence alleged to have caused the incident or incidents and a brief description of the injuries sustained by the resident which are reasonably identifiable at the time of notice. The notice shall contain a certificate of counsel that counsel’s reasonable investigation gave rise to a good faith belief that grounds exist for an action against each prospective defendant.
(3)(a) No suit may be filed for a period of 75 days after notice is mailed to any prospective defendant. During the 75-day period, the prospective defendants or their insurers shall conduct an evaluation of the claim to determine the liability of each defendant and to evaluate the damages of the claimants. Each defendant or insurer of the defendant shall have a procedure for the prompt evaluation of claims during the 75-day period. The procedure shall include one or more of the following:
1. Internal review by a duly qualified facility risk manager or claims adjuster;
2. Internal review by counsel for each prospective defendant;
3. A quality assurance committee authorized under any applicable state or federal statutes or regulations; or
4. Any other similar procedure that fairly and promptly evaluates the claims.
Each defendant or insurer of the defendant shall evaluate the claim in good faith.
(b) At or before the end of the 75 days, the defendant or insurer of the defendant shall provide the claimant with a written response:
1. Rejecting the claim; or
2. Making a settlement offer.
(c) The response shall be delivered to the claimant if not represented by counsel or to the claimant’s attorney, by certified mail, return receipt requested. Failure of the prospective defendant or insurer of the defendant to reply to the notice within 75 days after receipt shall be deemed a rejection of the claim for purposes of this section.
(4) The notification of a violation of a resident’s rights or alleged negligence shall be served within the applicable statute of limitations period; however, during the 75-day period, the statute of limitations is tolled as to all prospective defendants. Upon stipulation by the parties, the 75-day period may be extended and the statute of limitations is tolled during any such extension. Upon receiving written notice by certified mail, return receipt requested, of termination of negotiations in an extended period, the claimant shall have 60 days or the remainder of the period of the statute of limitations, whichever is greater, within which to file suit.
(5) No statement, discussion, written document, report, or other work product generated by presuit claims evaluation procedures under this section is discoverable or admissible in any civil action for any purpose by the opposing party.. All participants, including, but not limited to, physicians, investigators, witnesses, and employees or associates of the defendant, are immune from civil liability arising from participation in the presuit claims evaluation procedure. Any licensed physician or registered nurse may be retained by either party to provide an opinion regarding the reasonable basis of the claim. The presuit opinions of the expert are not discoverable or admissible in any civil action for any purpose by the opposing party.
(6) Upon receipt by a prospective defendant of a notice of claim, the parties shall make discoverable information available without formal discovery as provided in subsection (7).
(7) Informal discovery may be used by a party to obtain unsworn statements and the production of documents or things as follows:
(a) Unsworn statements.—Any party may require other parties to appear for the taking of an unsworn statement. Such statements may be used only for the purpose of claims evaluation and are not discoverable or admissible in any civil action for any purpose by any party. A party seeking to take the unsworn statement of any party must give reasonable notice in writing to all parties. The notice must state the time and place for taking the statement and the name and address of the party to be examined. Unless otherwise impractical, the examination of any party must be done at the same time by all other parties. Any party may be represented by counsel at the taking of an unsworn statement. An unsworn statement may be recorded electronically, stenographically, or on videotape. The taking of unsworn statements is subject to the provisions of the Florida Rules of Civil Procedure and may be terminated for abuses.
(b) Documents or things.—Any party may request discovery of relevant documents or things. The documents or things must be produced, at the expense of the requesting party, within 20 days after the date of receipt of the request. A party is required to produce relevant and discoverable documents or things within that party’s possession or control, if in good faith it can reasonably be done within the timeframe of the claims evaluation process.
(8) Each request for and notice concerning informal discovery pursuant to this section must be in writing, and a copy thereof must be sent to all parties. Such a request or notice must bear a certificate of service identifying the name and address of the person to whom the request or notice is served, the date of the request or notice, and the manner of service thereof.
(9) If a prospective defendant makes a written settlement offer, the claimant shall have 15 days from the date of receipt to accept the offer. An offer shall be deemed rejected unless accepted by delivery of a written notice of acceptance.
(10) To the extent not inconsistent with this part, the provisions of the Florida Mediation Code, Florida Rules of Civil Procedure, shall be applicable to such proceedings.
(11) Within 30 days after the claimant’s receipt of the defendant’s response to the claim, the parties or their designated representatives shall meet in mediation to discuss the issues of liability and damages in accordance with the mediation rules of practice and procedures adopted by the Supreme Court. Upon stipulation of the parties, this 30-day period may be extended and the statute of limitations is tolled during the mediation and any such extension. At the conclusion of mediation, the claimant shall have 60 days or the remainder of the period of the statute of limitations, whichever is greater, within which to file suit.
History.—s. 5, ch. 2001-45.

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Naples Florida Hurricane Irma Damage Lawyer

Naples Florida Hurricane Irma Damage Lawyer

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HURRICANE DAMAGE CLAIM

The first and only call you should make is to the Miami hurricane property damage lawyers at Perkins Law Offices. We will guide you through the entire process from start to finish. Call us now at 855-741-LAWS (5297). 

Reasons why you should call a Hurricane Damage Lawyer first.

1. The insurance company will try to pay you less than your claim is worth.
An experienced hurricane damage lawyer at Perkins Law Offices will deal directly with the insurance company for you and knows their tactics to avoid payment. Insurance companies are designed to make money by collecting premiums and not paying out on claims when a hurricane comes through Florida and destroys homes and businesses. Insurance companies will send out their own inspectors, adjusters, engineers and lawyers to come up with excuses for not paying your full damages or denying payment all together by saying the home damage is not covered.

2. To help you properly understand and comply with the insurance contract and to fill out the necessary paperwork.
The insurance companies are always looking for an excuse not to pay their insureds who they sold policies to. Your insurance policy requires you to follow certain steps in order to collect payment. If you don’t adhere to exactly what the insurance policy requires as far as paperwork and deadlines, the property insurance company can deny any you any payment. Our property damage hurricane lawyers will fill out the paperwork, supply the necessary documentation and will track and ensure all deadlines are met.

3. To make sure your losses and damages are properly and fully documented.
Perkins Law Offices’ hurricane damage lawyers have a team of loss consultants, water and mold mitigation and remediation companies, appraisers, public adjusters and engineers that will go to your home or business to assess your losses and to mitigate the damage on an emergency basis. Our team will find hidden or non-obvious damage the insurance company will not see or document.

60 Minutes – CBS News  |  The Storm after the Storm

As Hurricane Harvey survivors face a difficult future, 60 Minutes looks back at Hurricane Sandy and why so many families didn’t get the help they deserve

The Mero’s house had to be torn down after the storm. Their insurance company paid them just $80,000 and now they’re buried in debt after rebuilding their home.

John Mero: I was like how can you tell me that you’re not gonna cover this, that I’m not gonna get the full amount of my insurance? I says, “You got my payments every month.” Said, “It’s time for you to pay and here’s what you’re gonna tell me?”

Full Story

 

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Homeowners and business owners pay premiums for property damage insurance in the event of structural damage resulting from fire, water, smoke, lightning, flood or wind storms. When a hurricane, windstorm, fire, or water leak or damage occurs, many people think that their trusted insurance company will take care of them. Often, however, insurance companies try to avoid paying benefits out to their policy holders, focusing on protecting their bottom line instead of their insureds. Insurance companies often deny claims from property owners who do not have a Miami hurricane property damage lawyer for a variety of reasons, including non-disclosure, failure to follow policy requirements, loss outside the scope of coverage, or cancellation of policy. Some even go so far as to accuse property owners of fraud!

 

If you’ve been denied coverage after incurring hurricane property damage, or if your insurance company refused to compensate you fully, an experienced Miami hurricane property damage attorney can help you obtain the benefits you have paid for. Miami hurricane property damage lawyer Alexander Perkins can help you obtain reimbursement for hurricane-related damage to your property that the insurance carrier will not pay to the property owner directly.

The Miami hurricane property damage lawyers at Perkins Law Offices, P.A. understand the tricks that insurance companies use to avoid reimbursing their policyholders. Our dedicated team of experienced and knowledgeable hurricane property damage lawyers can provide you the representation you need to obtain the benefits you paid for your South Florida properties. Call a Miami hurricane property damage lawyer at Perkins Law Offices at (855) 741-5297 or email perkins@perkinslawoffices.com.

The eye of Hurricane Irma comes through Naples– Being safe and having your family accounted for is the first priority. The next most important thing to do is to protect your property and businesses. A house is the most valuable asset to the majority of Floridians. With Category 4 and Category 5 force hurricane winds, there is sure to be property damage to your home and personal belongings. Roofs will blow off, walls will collapse, water will intrude, especially with storm surge. Some homes will be completely totaled. The recovery after storm and picking up the the pieces is difficult and slow going. It also is going to cost your hard earned money to rebuild.

Hopefully, the homeowner has property damage insurance coverage with a homeowner’s insurance company with windstorm coverage, flood and other property damage coverages. A claim will need to be opened with the insurance company who likely will make the process even less enjoyable as the insurance companies do not want to have to pay out on claims. That’s how the make money. They may pay you less than what you deserve, or may deny coverage all together based on some type of insurance policy exclusion. This is why you will save money and a headache by hiring a Naples hurricane Irma damage lawyer. Our Hurricane Irma damage lawyers Naples, FL have experience in homeowner property damage claims from hurricanes and windstorms. They will help you from start to finish, including getting estimates and submitting claims to the insurance company like St. John’s Insurance, Heritage, Citizens, State Farm, American Security, Homeowner’s Choice, Florida Peninsula, etc.

If your home or business or other type of property has been damaged or destroyed by Hurricane Irma, you should consult with a Hurricane Irma Damage lawyer. Florida has never faced a Hurricane like Irma before. It is twice the size of Hurricane Andrew from 1992. Hurricane Andrew was the costliest windstorm in Florida history. In fact, hurricane Andrew property damage insurance claims were still being litigated in Miami Courts until just recently over 20 years later. This is why you will save money and restore your property to how it was before the hurricane if not better, by hiring a Hurricane Irma damage lawyer. Call our hurricane Irma damage lawyer for a free and confidential consultation at 855-741-5297 (LAWS) or email us at Perkins@perkinslawoffices.com