Collision Insurance

Leonard McCue, P.A., of Q Auto & Injury Attorneys has some warnings for you regarding collision insurance.
“My Car has been damaged in an auto accident and when I call the insurance company of the person who caused the accident they’re ignoring me”, I hate to tell you how many times we’ve heard that phone call. One of the things that you’ve got to understand is that in Florida many, many, many, people travel on the roads with no insurance.
What does that mean for you? First, it means you should carry your own collision insurance. If your car has any real value at all, you should purchase collision insurance from your own insurance company. In the event that you have an accident, then your car is covered. Let’s talk about that for a minute. We often hear people complaining that the other person’s insurance company won’t fix their car and as a matter of fact the other driver has collision in their policy. The first thing I tell them is, “call your own insurance company”. That’s what you purchase the insurance for, to cover your car in case you have an accident.
The next thing I hear is, “but I didn’t cause the accident. The other person should fix my car.” Sounds all well and good , but, unfortunately, the other insurance company really doesn’t want to cooperate with you and repair your car. You should deal with your own insurance company if you have collision insurance.
By the way remember, if you’re paying a premium to an insurance company for collision; that is to repair your car in cases of an accident, you are of their friend because you are paying them a premium.
If you have a problem as a result of an automobile accident, please give this a call let us fight for you. Our toll free number is 800-332-1992 or email us at
info@qlaw.com.
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Avoid Being a Victim of Medical Malpractice

The best way to prevent a medical malpractice from occurring is to ask the hard questions. How many times has this doctor done this particular procedure? What are the risks involved? Has he had any bad outcomes? Has he in fact been disciplined by the Department of Health for any of his actions or inactions?
With that information in hand you may decide to go to a different facility. You may decide to select a different doctor. You can protect yourself and your loved ones by asking the right questions and making right decisions.
If you or a family member has been injured as a result of medical negligence of the provider or a hospital give us a call we can help. Our toll free number is 800-332-1992 or email us at
info@qlaw.com
Check out our latest podcasts on iTunes for free.

Trial Process (Part 4) – Closing Arguments and Deliberations

The fourth and final part of Attorney Derek Reams, video series on some of the finer parts of the civil trial process here in the state of Florida has been posted on iTunes. The following are some excerpts.

Once the examination phase of the trial is completed and both sides have presented their evidence and their respective witnesses, the closing arguments are given. The plaintiff, who again is the party that has actually filed the lawsuit, goes first. During the plaintiff’s closing argument this is their opportunity to argue when he or she believes the evidence has shown during the trial of the case. This is also where they attorney will ask the jury to compensate our client for that monetary damages being sought. The defense attorney’s closing argument, just like the plaintiff’s, is to argue what he or she believes the evidence has shown during the trial of the case.

Once the defense attorney’s closing argument has been given, the plaintiff’s attorney actually has a second closing argument which is what’s called a rebuttal. The rebuttal argument is the chance for the plaintiff’s attorney to refute each point the defense attorney has made in his or her closing argument.

Once the closing arguments are finished, the judge will instruct the jury, if he or she has not already done so on what the law that applies to that particular case include and what the jury’s job is going to be during the deliberation. At this point, the jury’s asked to leave the courtroom, to retire to a special room and begin their deliberations. In this private room the jury is permitted to discuss the details of the case, the evidence that’s been presented, and the witnesses that they’ve heard from. Here in Florida, all six jurors must agree and reach their verdict. Even if one juror disagrees with the other five they must either continue discussing the details of the case or ask to talk to the judge. The judge may instruct the jury to continue deliberations or if the judge declares a mistrial then a new trial will be scheduled at a future date. This means the whole trial process will begin again.

You never know what a jury is going to do in any given case which is why it’s so important for our clients and us as the attorney to be fully prepared in any trial.

If you would like to view this podcast or any of the other free podcasts we have produced regarding personal injury law and your rights you can visit us on iTunes.

We have a new smart phone app that is free to download from the App Store for iPhones or at Google Play for android phones. Download it and have it ready. Should the need arise give us a call. Remember, we can help.

Trial Process (Part 3) – Preparing Your Testimony

Derek Reams, a Board Certified Civil Trial Lawyer with McCue, Reams and Associates recently completed a four part video series on some of the finer parts of the civil trial process here in the state of Florida. The following are some excerpts from Part 3 – Preparing Your Testimony.

During the examination process our client of course will be testifying. The preparation for this testimony actually begins at the accident scene which may have occurred several months or even several years before the trial itself has started. Preparation is extremely important in any case and your case is no different. The jury for the first time is going to hear from you and what you’ve gone through during the last several months for several years since you were injured.

Because trials are limited in the number of days that the jury will be there to listen to the case, we have to try to cram in two or three or four years worth of information into an hour to two hours worth of testimony. This can be very difficult but also can be a great way to hit the high points and explain to the jury exactly what you’ve gone through. So I want to talk with you for a few minutes about how you can prepare for your testimony during the trial of your case.

During the litigation phase which leads up to the trial of any case, things like depositions are taken, mediation, and what’s called discovery. This is where the attorneys exchange information that he or she may possess regarding the details of the case. These things are extremely important during the preparation phase of your trial. The deposition, which is done before a court reporter and is taken under oath, can be used during the trial of your case.

The first thing you’ll want to do in preparation for the trial of your case is to read all deposition transcripts that you have given. The next thing you will want to do is look through all potential evidence that we may be using during the trial of your case. As well as all potential evidence the defense may be using during the trial of your case. This is extremely important because the jury is not going to hear only your side; they’re going to hear the side from the defense attorney as well.

To give you a good example; oftentimes people have a low back injury in a motor vehicle accident. If you’ve had prior low back injuries and prior treatment for those low back injuries, this is information the insurance company wants presented to the jury in an effort to convince them to not award you money during your trial.

So, the way to overcome that potential pitfall is for us to present the information ourselves during the examination phase. You’ll be asked certain questions by us, as your attorney. If you’ve had prior injuries to your low back or other body parts, it’s important for you to explain to the jury, “yes, you have”, if that’s the case and what the circumstances around those previous injuries were. This way the jury can know the severity of your prior injuries and equally important, they know you’re telling the truth and they’re much more inclined to believe the rest of your story if they know you’re telling the truth about prior history and prior medical conditions.

We want to know everything that may be presented during the trial of your case, so that you know what to expect once the trial itself begins. In addition, we will actually put you through a cross examination and direct examination. The reason we do this is so our client is comparable about what to expect once the trial begins and knows not only the type of questions that you might be asked, but also the type of answers to give to this respective questions.

The little details oftentimes can make or break the trial of your case. These little things are extremely important for you to be aware of, and which is what we are here to help you with.

If you would like to view this podcast or any of the other free podcasts we have produced regarding personal injury law and your rights you can visit us on iTunes.

The next segment of Attorney Reams’ discussion of the trial process centers on Closing Arguments and Jury Deliberations.

We have a new smart phone app that is free to download from the App Store for iPhones or at Google Play for android phones. Download it and have it ready. Should the need arise give us a call day or night at 800-332-1992. Remember, we can help.

Trial Process (Part 2) – Your Case At Trial

Derek Reams, a Board Certified Civil Trial Lawyer with McCue, Reams and Associates recently completed a four part video series on some of the finer parts of the civil trial process here in the state of Florida. The following are some excerpts from Part 2 Your Case at Trial.

After the jury was sworn in, the trial of the case then begins. The first step in most cases is what’s called the opening statements. This is where the attorneys for the perspective parties give you a guide of what the evidence that’s going to be presented during the course of the trial will show. Oftentimes, things like demonstrative aides which could include; enlargements of property damage pictures, enlargements of certain medical information that might be relevant to the case are shown to the jury for the very first time. These guides, used in opening statements are of course designed to try to inform the jury of what the next several days or weeks during the trial itself will show. This is the first time the jury will hear certain details about the case which weren’t explained to them during the jury selection process.

Once the opening statements have been given by the attorneys for the respective parties, the next step in the trial process is called the examination phase. During the examination phase, the attorneys are allowed to present evidence which could include; witness testimony, demonstrative testimony; which are things such as property damage pictures, medical records, medical bills, wage loss information, things of that sort.

During the examination phase, each attorney is entitled to ask questions of the witnesses. The plaintiff’s side, which is the side that actually filed a lawsuit, goes first. Once the plaintiff presents a witness, this is called direct examination. Once the direct examination has been completed, the defense attorney will then be entitled to cross examine the witness on anything the witness has just testified to.

At the conclusion of the direct examination and cross examination portion, jurors here in Florida are actually entitled to ask the witness questions as well. The process for this is very simple. The jury writes down the question on a notepad, hands the piece of paper to the bailiff, the bailiff will then take the question to the judge and at that point, the judge will read the question to the witness and the witness will answer the question from there.

During the examination phase, you will hear from witnesses such as medical doctors, accident report witnesses who may have observed the accident, police officers and of course our client who is the one with most knowledge about all of the details of the case.

During the examination process the jury is entitled to look at evidence that has been entered during the case itself. Things like property damage pictures often times are very important during this stage of the trial. We’ve all heard the phrase, “a picture’s worth a thousand words”, but most of us have also heard, “a picture doesn’t tell the whole story”. In every automobile accident case for instance, property damage pictures are very important for one side of that case versus the other. But, as I said, sometimes those property damage pictures don’t tell the whole story. So, other information like medical records, doctors opinions about what the injuries are, prior medical records are equally as important for the jury to see during this examination process.

If you would like to view this podcast or any of the other free podcasts we have produced regarding personal injury law and your rights you can visit us on iTunes at http://itunes.apple.com/us/podcast/guide-for-personal-injury/id495693563

The next segment of Attorney Reams’ discussion of the trial process centers on preparing for testimony in your case.

We have a new smart phone app that is free to download from the App Store for iPhones or at Google Play for android phones. Download it and have it ready. Should the need arise give us a call. Remember, we can help.

Trial Process (Part 1 ) – Jury Selection

Derek Reams, a Board Certified Civil Trial Lawyer with McCue, Reams and Associates recently completed a four part video series on some of the finer parts of the civil trial process here in the state of Florida. The following are some excerpts from Part 1 – Jury Selection.
First step in the trial process is what’s called the jury selection, more formally known as “voir dire”.
In this step of the trial process, the judge and the attorneys for all of the parties are entitled to ask perspective jurors various questions. Things like, have they been in a prior car accident, made a claim for personal injuries or know someone that has been injured in a motor vehicle accident of any kind. This information is important to us and to you because we want the best jury to get the best possible result for you during the trial of your case.
During this process, the judge generally starts by asking the jury as a group, some basic background qualifications such as, are they Florida residents, residents of the particular county that we’re trying the case in, have they been involved in any formal legal proceedings such as bankruptcy, foreclosure for other personal injury cases things like that. This could affect the jury’s ability to be fair and impartial which is why the judge asked these questions.
Once the judge has finished asking questions, the questioning is turned over to the attorneys for the respective parties. The plaintiff which is the side that has filed the lawsuit asks questions next. Once the plaintiff is done, the questioning is then turned over to the defense attorney.
In a personal injury case, a variety of questions are asked by both the plaintiff’s attorney and the defense attorney. Certain information such as, has the perspective juror ever been involved in a motor vehicle accident, a medical malpractice claim, have any of those claims been filed against them or most importantly what are their feelings and biases about being involved in those types of claims in the past.
As attorneys, we of course are looking for the prospective jurors who would be most fair and impartial in any given case. Obviously, the defense attorney is looking for the same type of juror, so these questions are extremely important once we’re selecting the jury during the trial of any case.
Other information we may be looking for during the jury selection process are things like, do they have any personal conflicts such as work, family, doctor’s appointments that may prevent them from sitting during the course of your trial. Most personal injury cases last an average of three days, some good last several weeks. So, it’s important to know which jurors are going to be able to listen and provide a fair and impartial decision at the conclusion of your trial.
Once each side has finished asking the prospective jurors questions, we then had a meeting with the judge to select the panel for that particular case. Here in Florida, the jury consists of six people and usually one or two alternate jurors. This process includes what are called “peremptory challenges” and “challenges for cause” that the judge is asked to make decisions on.
For cause challenges are simply challenges where a juror has said something or made a comment during the questioning process they clearly shows he or she cannot be fair and impartial in this particular case. Generally, each side has three peremptory challenges and those challenges can be used for any reason except to strike a potential juror for race, religion, or gender.
Once the for cause challenges are made and the peremptory challenges have been used, the judge then seats these people as the jury panel for your trial and that’s when the trial itself begins.
If you would like to view this podcast or any of the other free podcasts we have produced regarding personal injury law and your rights you can visit us on iTunes.
The next segment of Attorney Reams’ discussion of the trial process centers on your case at trial.
We have a new smart phone app that is free to download from the App Store for iPhones or at Google Play for android phones. Download it and have it ready. Should the need arise give us a call. Remember, we can help.

First Impressions

Sandra Bucha is an attorney at Q Auto & Injury Attorneys who specializes in medical negligence cases. She reminds us that it may not be just the caregiver in a case of medical negligence who is ultimately responsible and accountable for your injuries.

First impressions as to who might be responsible for any injury resulting from medical negligence are often inaccurate or incomplete. An example would be if you go to emergency room and receive certain treatment from an emergency room physician. That particular physician might be employed by a particular clinic. That particular clinic may provide that particular emergency room doctor to the hospital involved. All of these entities may actually be responsible for the injuries that you or your loved one has sustained. It is the attorney’s job to determine that all who might be responsible are appropriately held accountable.

If you believe you or a family member has been injury as a result of medical negligence of a provider or a hospital give us a call. We can help. View the most recent podcast for Q Auto & Injury Attorneys with this tip and other interesting legal information at http://itunes.apple.com/us/podcast/guide-for-personal-injury/id495693563
We’re also on Facebook at https://www.facebook.com/QAutoandInjury

Changes in PIP (Personal Injury Insurance)

Insurance policies can be confusing enough, but when the law changes regarding them it can be nearly impossible to know your rights. Q Auto & Injury Attorneys founding attorney Leonard McCue offers some insight to a recent change in automobile insurance regulations.
In every policy that you purchase in Florida there is a health insurance section. That section is called “PIP”, Personal Injury Protection. It will cover medical bills that you incur as a result of having an accident. It doesn’t make any difference whether it was your fault or someone else’s fault. Most policies have a $10,000 policy to cover your medical bills. To get into how they pay and what they pay is complicated; but basically the changes they’ve made are that even though you purchased $10,000 worth of PIP, your insurance company may tell you they’re only going to a pay $2,500 of your bills, not ten thousand.
We advise everyone who calls our office regarding a recent automobile accident, to go immediately to the emergency room. One of the things that the insurance company will be looking for is whether or not you needed emergency medical treatment. Our argument is; if you went to the emergency room you must have needed emergency medical treatment. In that case, the insurance company is bound to pay the full $10,000, not $2,500 if you wait a few days and then decided to go see your own doctor.
If you have a problem as a result of an automobile accident, please give us a call. Let us fight for you.
View our most recent podcast at http://itunes.apple.com/us/podcast/guide-for-personal-injury/id495693563

Don’t Give Up!

Here’s a lesson from founding attorney Leonard McCue on why you shouldn’t give up when you think your case is in the right, but the insurance companies say you’re wrong.

One day a young woman came into my office. She somewhat tearfully explained that I would be the fourth lawyer that she had been sent to see. The third lawyer who had been unable to do anything for her had sent her to our firm telling her that if anybody could get her any money it would be us. Obviously I took that as a personal challenge. I listened to the facts.

Her husband had been killed while working on the Skyway Bridge. The Skyway Bridge contractor had a life insurance policy on each and every one of its workers. The insurance contract called for payment upon death to be made to the spouse of the worker. Unfortunately even though these two people had two young children they had never married. The insurance company denied the coverage to this young woman and her two little children. That’s why she had gone from lawyer to lawyer only to be stopped by the insurance company with the language of that contract. She wasn’t his spouse, or was she?

When I listened to the history I found that they had lived for a period of time in Georgia. Even though Florida doesn’t recognize two people living together, no matter how long they live together, as a married couple, Georgia holds a different position. If you live in the state of Georgia and you hold yourself out as a couple, meaning to your friends, family and neighbors, and especially to anybody you might borrow money from, then you are deemed a married couple. Using those facts, we sued the insurance company for the Skyway Bridge contractor and ultimately settled that case for the full coverage of that insurance policy. The settlement assured this young mother of the funds necessary to take care of herself and her two young children for a considerable period of time. It was one of the most satisfying cases we have ever experienced in our office.

If you have a case where the insurance companies have said, “No!”, give us a call at 1-800-332-1992. We’ll talk over your case with you to see what we can do to help.

Patient Rights – Have Your’s Been Violated

As a patient you have certain rights.   Those rights should not be violated by your medical provider or anyone else.   The first and most important right that you have is to be fully informed of the nature and extent of any procedure that is going to be performed. You have a right to ask questions and you have a right to expect those questions to be answered.   The failure to do so properly by your doctor can result in a separate cause of action for damages that might occur.

Another case in point, a young wife and mother of three suffered severe and permanent brain injury from a medication overdose.   She survived but forever her life and that of her loved ones was changed.   We were able to successfully prosecute that cause of action and were able to attract the sum of money for the family that can provide support and comfort to the mother as well as the various family members for years to come.

Another example comes from the family of a young man that had been suffering from drug and alcohol addiction for a number of years. He was admitted into a treatment facility and during the course of his admission to that facility was severely injured.   Many other firms had already declined representation of this family because they had been seeking an attorney that would be willing to listen to the potential merits of their son’s case.  They had been rejected by many other law firms.  We took the case.  We won.  His family has received some comfort in just knowing that their son had a voice to stand up to the insurance companies and medical institutions, and that we were able to provide that voice to them.

If you think you might have a medical malpractice issue give us a call, at 1-800-332-1992 let’s talk.

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