Thomas J. Ueberschaer, P.A.
Summer 2009 Newsletter
We hope that you enjoy the latest newsletter from the office of Thomas Ueberschaer, P.A.
WORKERS’ COMPENSATION
More bad news for injured workers in Florida this summer. Despite our efforts, Governor Christ signed a new bill (CS/HB 903) into law May 29th, 2009 that will limit access to courts for those hurt on the job. Legal challenge for this law will take at least two years to reach the Florida Supreme Court. Our office will be working diligently to appeal this new legislation and see if the appeals courts will again try to help protect individual rights.
Workers’ compensation law in Florida is controlled by statute, meaning the legislature and Governor determine our rights. Unfortunately, our state government has worked hard for the last six years to eliminate an injured worker’s right to due process and access to courts.
This new law makes certain that insurance companies can continue to hire as many lawyers as they want at whatever price, but makes it hard for claimants to find their own counsel. Our firm will always be committed to representing those hurt on the job. Now more than ever, our clients need skilled representation from lawyers willing to go to court to fight against the powerful insurance industry.
AUTOMOBILE ACCIDENTS
Helping those injured or the families of those killed in car accidents has been the cornerstone of our practice. However, helping achieve full recovery for many involved requires careful attention to detail.
What can you do to protect yourselves from the negligence of others? Make sure that you have enough insurance on your own vehicles. A call to your insurance agent now may protect you from the financial devastation an accident can cause. Make sure you have adequate UM (uninsured/underinsured motorist coverage) on all your cars today. If the other driver who causes your injuries has little or no insurance, your own UM will pay.
Insurance companies can and will hire their own attorneys to work by the hour to defeat your claims. A skilled personal injury attorney can make sure you have every chance of getting a fair recovery. We also work to keep those companies honest. If they do not try to resolve your case in good faith, we may also be able to secure additional monies beyond the insurance limits in the case. This is called Bad Faith law in Florida. If you have questions, please call.
As in any personal injury case, insurance companies work to gather evidence and talk to witnesses immediately after an accident. Our clients need someone doing the same. We prepare each file as if we are going to trial on the case,. As a result, many of our cases settle before we go to trial due to that level of preparation. We also spend the money needed to hire the right experts, and look at all the angles to find anyone and everyone who could be responsible.
Tips for anyone dealing with a car accident or other injury case include:
DON’T accept the insurance company’s estimate of your losses and damages until you have a chance to fully explore the matter yourself. An attorney’s help can be valuable in determining whether the insurance company’s estimate is fair.
DON’T give the insurance company a recorded or written statement until you have determined how you wish to proceed. It is important to be aware of the extent of your insurance coverage and your rights.
DON’T sign a release or waiver until you have gotten reliable legal advice. You may feel pressure to sign from your insurance company, but it is your right to explore your options. Just make sure that you take appropriate action within the time limit stated in your insurance policy.
DON’T accept a check from your insurance company — especially one that says "final payment" — unless you have obtained legal advice and carefully weighed your options.
SOCIAL SECURITY
We have been litigating Social Security Disability(SSD) and Supplemental Disability Income(SSI) cases for 15 years now. It seems that in our trying economic times that fewer people are finding affordable and available medical insurance. This means more and more people are relying on the Federal disability system for assistance. Along with social security comes medicare, an invaluable asset to those struggling with medical problems.
SSD pays benefits to you and certain members of your family if you are "insured,", meaning that you worked long enough and paid Social Security taxes. SSI pays benefits based on financial need. We handle both types of claims, and are glad to report that the number of Social Security Judges in the Florida panhandle has recently increased. Therefore, the time wasted waiting for a hearing should reduce significantly.
To apply, simply contact your local Social Security office for help, or call us.
Contact Social Security at:
toll free (800) 772-1213
Pensacola (850) 436-7754
Panama City (850) 747-1136
Online www.ssa.gov/disability
If you have questions about these topics or any other concerns about your legal rights, please feel free to call anytime for a free consultation. Please have a safe and pleasant summer!
WRONGFUL DEATH
AUTO ACCIDENTS
PERSONAL INJURY
WORKERS COMPENSATION
SOCIAL SECURITY DISABILITY
MEDICAL MALPRACTICE
NURSING HOME NEGLECT
1-800-435-8778
850-434-8778 / 601 N. Baylen St. Pensacola
850-785-8011 / 929 Jenks Ave. Panama City
www.uasktom.com
