Personal Injury Law Boca

Author: Kerri C. Smith

Florida’s New PIP Law: What it Means to You
Florida’s new PIP law applies to policies issued or renewed after January 1, 2013. What does it mean to you? If you are in a car accident, here are some things to keep in mind about Florida’s new PIP law:
1. First, you must get medical evaluation within 14 days or there is no coverage. Period.
2.            Do you have to go to the hospital for the first evaluation? No, but you must be evaluated by a licensed medical doctor, osteopath, chiropractor, or dentist. Or you can be evaluated at a hospital or medical facility that owns, or is owned by, a hospital. A person may also be evaluated by a paramedic licensed under Chapter 401, Florida Statutes.
3.           A physician must make a determination of an “emergency medical condition” for the $10,000.00 coverage to apply; otherwise, your coverage is limited to $2,500.00. Reimbursement for medical services and care is covered for 80% of reasonable expenses up to $10,000 if a physician licensed under chapter 458 or chapter 459, a dentist licensed under chapter 466, a physician assistant licensed under chapter 458 or chapter 459, or an advanced registered nurse practitioner licensed under chapter 464 has determined that the injured person had an “emergency medical condition.” If there is no such determination of an emergency medical condition as outlined above, coverage is limited to 80% of reasonable expenses up to $2,500.00. Note: Under the new PIP law, a chiropractor cannot make the determination of “emergency medical condition.”
4.          Not All Treatments Are Covered. For example, massage therapy and acupuncture are no longer covered under the new law.
To learn more about Florida’s new PIP law, call the Law Office of Kerri C. Smith, P.A. We are available 9-5 p.m., Monday through Friday at 561-981-6234.
July 23, 2014
Bitten by a Dog? Learn your rights.
Bitten By a Dog? Learn your rights.
Dogs are our loyal pals, our loveable family members, and our trusted allies. So, it can come as quite a shock when dogs bite. If you were bitten by a dog, what are your legal rights? Here are some questions to consider:
1. What if the bite was not the dog owner’s fault?
It depends. Under Florida law, a dog owner is strictly liable if his dog bites a person, even if the dog owner was not at fault, and regardless of the former viciousness of the dog or the owners’ knowledge of such viciousness. However, if the bite happened on the dog owner’s property, and the bitten person was not lawfully on the property, the dog owner may not be liable. Also, if the bite happened on the dog owner’s property and the dog owner had a “Bad Dog” sign prominently displayed, the dog owner is not liable unless he was negligent or unless the person bitten was under the age of 6.
2. Is the owner of the dog still responsible even though the bite occurred at a public place?
Yes. In Florida, the owner of any dog that bites any person while such person is in a public place is liable for damages suffered by persons bitten.
3. What if the bite occurred at the dog owner’s house?
The short answer is, it depends. If the bitten person was lawfully on the dog owner’s property, the dog owner is liable. A person is considered to be lawfully upon the dog owner’s property when the person is on the property in furtherance of his duties pursuant to law (like a postal carrier), or when the person is on such property upon invitation, expressed or implied, of the owner. However, if a person is bitten upon the owner’s property and the property owner had displayed a sign with the words “Bad Dog” on his property, the owner is not liable unless the dog owner was negligent or unless the person bitten was under the age of 6.
4. What if the person bitten caused the bite?
Sometimes, the bitten person’s own carelessness causes the bite. For example, if a person takes food from a dog, sneaks up on a dog, or plays too rough with a dog he doesn’t know, a dog can become frightened and bite the person. If such a case, the negligence on the part of the person bitten reduces the dog owner’s liability by the percentage of the bitten person’s negligence.
If you or someone you know was bitten by a dog, contact the Law Office of Kerri C. Smith for a free consultation to learn your rights.

June 8, 2014
Google’s Driverless Car – Is it our Future?
Google’s Prototype Driverless Car – Is it Our Future?
See Video: Google reveals its Prototype Self-Driving Car
Imagine being able to get work done on your daily commute, while your car acts as your chauffeur. Need to pick up the kids 10 times a day and feel like a taxi driver? Had a little too much to drink and need a ride home? Google may have the answer: meet Google’s prototype self-driving car. No steering wheel, no brakes, no gas pedal. Is this our future? For many, the idea of letting go of the wheel, literally, is a scary prospect, but if driverless cars like Google’s become the norm, it may have a profound effect on society as we know it.
There’s no doubt that the convenience of a robotic chauffer is far-reaching. In fact, the software powering Google’s self-driving car is called Google Chauffeur. Think about how this technology will effect the lives of elderly people, blind, or disabled people who can’t drive. Aside from convenience factors, the self-driving car could also potentially have wide-ranging effects in reducing the number of car crashes on the roads. In fact, this was the impetus behind this project, according to Google engineer, Sebastian Thrun, who lost a childhood friend in a car accident. Since that time, Thrun has dedicated his life to creating technology to save lives. As the director of the Stanford Artificial Intelligence Laboratory, Thrun’s team at Stanford created the robotic vehicle Stanley which won the 2005 DARPA Grand Challenge. In May of this year, Google revealed its prototype self-driving or “driverless” car. Equipped with very sophisticated software and sensors on every aspect of the car, Google’s new prototype can literally “see” every single thing around it, obstacles, stop signs, stop lights, pedestrians. It navigates turns so well that it was even able to navigate the crooked Lombard Street in San Francisco. The potential for this technology to save lives is exciting.
If you were involved in an accident, contact the Law Office of Kerri C. Smith, P.A. The information on this website is for general information purposes only and is not intended to create an attorney-client relationship. Nothing on this site should be construed as legal advice for any individual case or situation.
June 1, 2014
5 Tips for Cyclist Safety from an Accident Lawyer
Cyclist Safety Tips from an Accident Lawyer
According to the Florida Department of Highway Safety and Motor Vehicles, thousands of cyclists are injured every year on Florida roadways. All it takes is one distracted driver looking at a text message, and the consequences could be dire.
Motorists and cyclists need to work together and share the road responsibly. If you are involved in a cyclist accident, you should contact an accident lawyer to review your options.
Here are some tips to avoid cycling accidents:
Cyclists:
1. Be aware of your surroundings. Motorists may not see you, so it is important that you see them.
2. Always wear a helmet and make sure it is properly fitted and secured to your head.
3. Consider wearing brightly colored clothing or reflective tape to make yourself more visible to motorists.
4. Cycle in designated bicycle paths where available.
5. Obey the rules of the road.
Motorists:
1. Pay attention, don’t look at texts or emails while driving. Those few seconds are all it takes for a tragedy to occur.
2. If you see cyclists, reduce your speed and give them some room.
3. Obey the rules of the road.
4. Share the roadway.
Involved or Injured in a Cycling Accident?
Contact an Accident Lawyer
The Law Offices of Kerri C. Smith, P.A. covers a wide variety of cases. If you were injured due to a bicycle accident, contact our personal injury attorney today to learn about your rights.
The information on this website is for general information purposes only and is not intended to create an attorney-client relationship. Nothing on this site should be construed as legal advice for any individual case or situation.
May 29, 2014
What Constitutes a Slip and Fall Case in Florida?
Slip and Fall in Florida. Defining Reasonableness:
When considering whether or not you may have a slip and fall or trip and fall case in Florida, there are some things you should know.
Generally, in Florida, a property owner owes two duties to persons invited on the premises, such as business customers or social guests:
1. The duty to use reasonable care in maintaining the property in a reasonably safe condition (i.e., free of dangers); and
2. The duty to warn of concealed dangers which are known or should be known to the owner and which are unknown to the invitee, and cannot be discovered through the exercise of due care.
If the slip and fall or trip and fall occurs at a business establishment and is due to a substance (known in Florida legal talk as a “transitory foreign substance) on the floor, such as water, oil, food, etc., the claimant must prove the business establishment had actual or constructive knowledge (meaning “should have known”) of the dangerous condition and should have taken action to remedy it.
Constructive knowledge may be proven by circumstantial evidence showing that:
1. The dangerous condition existed for such a length of time that, in the exercise of ordinary care, the business establishment should have known of the condition; or
2. The condition occurred with regularity and was therefore foreseeable.
Do you need a slip and fall attorney? If you were injured due to a slip and fall or trip and fall, contact the Law Offices of Kerri C. Smith, P.A. today to learn about your rights.

The information on this website is for general information purposes only and is not intended to create an attorney-client relationship. Nothing on this site should be construed as legal advice for any individual case or situation.
May 13, 2014
Do You Need an Injury Lawyer? 3 Questions To Determine If You Have a Personal Injury Case
What to Consider When Evaluating Your Personal Injury Case – Before Calling an Injury Lawyer
In Florida, before you call an injury lawyer, you can determine whether you have a case depending on two general factors: One, did the accident occur due to someone else’s negligence? This is what’s known as liability. And, two, were you injured or harmed in any way by the accident?
Here are 3 quick questions to consider when evaluating your personal injury case:
1. Did the accident occur due to someone else’s negligence?
Sometimes accidents just happen and it’s nobody’s fault. Maybe we were just careless and not watching what we were doing. However, when you are injured due to the negligence of another, you may have a case. Negligence simply means “the failure to use due care,” and in Florida, that concept generally turns on what is reasonable under the circumstances. If another person failed to use due care and thereby caused you to become involved in an accident, you should speak to a lawyer to protect your rights.
2. What if I was also at fault?
Even if you were also partially to blame for the accident, you may have a case. Florida is what’s known as a “comparative fault” state. That means that even if you were partially at fault, your percentage of negligence reduces your overall damages. So, for example, if you were awarded $100,000.00 in damages, but you were 20% at fault in causing the accident and your own injuries, 20% would be deducted from the $100,000.00, leaving you with $80,000.00.
3. Was I injured or did I incur damage as a result of the accident?
Even if someone was negligent, there is only a claim if that negligence caused you harm or damage. No harm, no foul. So, if there are no damages, there is no claim; it is an essential element of a claim. However, if you sustained property damage or bodily injuries as a result of an accident, you should speak to a lawyer to protect your rights.
Have You Determined You Need an Personal Injury Lawyer?
Don’t Delay, Contact Me Today
Kerri C. Smith, P.A.
We can review the details of your accident together and determine the best plan of action of action for your case.
If you provide your information, we will provide you with a free consultation, evaluate the details of your case, and let you know right away if you have a case. If we determine that you have a case, we can move forward and help you obtain the compensation you deserve. To get the process started, click here now.

The information on this website is for general information purposes only and is not intended to create an attorney-client relationship. Nothing on this site should be construed as legal advice for any individual case or situation.
May 10, 2014