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LITIGATOR JOURNAL SARASOTA WINTER 2014 THERE IS NO SUCH THING AS “FULL COVERAGE” AUTO INSURANCE WITTMER | LINEHAN EXPERIENCE COUNTS RESULTS MATTER IN THIS ISSUE 1- There Is No Such Thing as “Full Coverage” Auto Insurance 2- W | L Get Results for Critically Injured Worker CONTACT US ONLINE 2014 Fourth Street, Sarasota, FL 34237 T: 941-365-2296 | F: 941-365-0829 www.sarasotalitigator.com Has anyone ever told you that you have “FULL COVERAGE” for your car or motor- cycle? If you’ve been following our serialized story about Martha, the graphic designer who was hit by a foreign tourist on I-4, you’ve seen how the aftermath of a car accident can be tremendously confusing, financially draining, and deeply frustrating. Quite often, motorists who file an insurance claim are surprised to find out that some aspects of their claim are simply not covered, or at best, not fully covered. The auto insurance industry often conveys the oversimplified message that a given policy will protect you, your family, and your assets should you be involved in an accident. The reality, however, is much more convoluted. Not only are there no standards for insurance policy types and For complete text of newsletter articles and more information about WIL, our services and qualifications, please visit Gregory P. Linehan, Esq. [email protected] Steven T. Wittmer, Esq. FL Bar Board Certified Civil Trial Lawyer [email protected] www.sarasotalitigator.com levels above the legally required minimum, but each auto insurance policy is divided up into many types of coverage with varying degrees of protection, depending on that particular policy and insurance company. In Martha's situation, which is indicative of most every auto accident, several different types of coverage came into play because of the specific details of her accident. A game of Russian roulette Why don't insurance companies offer a “full coverage” policy with sweeping protections against any situation? Simple answer: Florida laws do not require a comprehensive policy. Many people make the choice to obtain a minimum-limits policy for financial reasons, but even more robust policies can have weak areas. By dividing up the types of coverage in a given CONTINUED ON PAGE 2 PERSONAL INJURY | WRONGFUL DEATH | INSURANCE DISPUTES / BAD FAITH | ESTATE & TRUST LITIGATION The hiring of an attorney is an important decision that should not be based solely on advertisements. Before you decide, ask us to send you free written information about our qualifications and experience. PUBLISHED BY THE LAW OFFICE OF , PLLC Don't just take our word for it. Scan this QR code to read about W|L's many case success stories: http://www.sarasotalitigator.com/past-results PRSRT STD U.S. POSTAGE PAID PERMIT 1 MANASOTA, FL RESULTS MATTER 2014 Fourth Street Sarasota, FL 34237 There is no time more fitting to say Thank You and to wish you a Happy Holiday Season and a New Year of health, happiness, and prosperity!

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Page 1: WINTER 2014 SARASOTA PRSRT STD U.S. POSTAGE PERMIT 1 …€¦ · The only time you know if you are fully insured is after an accident The truth is that you won't know whether you

LITIGATORJOURNALSARASOTA

WINTER 2014

THERE IS NO SUCH THING AS“FULL COVERAGE” AUTO INSURANCE

WITTMER | LINEHANEXPERIENCE COUNTS

RESULTS MATTER

IN THIS ISSUE1- There Is No Such

Thing as “Full Coverage”Auto Insurance

2- W | L Get Resultsfor Critically Injured Worker

CONTACT US ONLINE

2014 Fourth Street, Sarasota, FL 34237T: 941-365-2296 | F: 941-365-0829

www.sarasotalitigator.com

Has anyone ever told you that you have “FULL COVERAGE” for your car or motor-cycle? If you’ve been following our serialized story about Martha, the graphic designer who was hit by a foreign tourist on I-4, you’ve seen how the aftermath of a car accident can be tremendously confusing, financially draining, and deeply frustrating. Quite often, motorists who file an insurance claim are surprised to find out that some aspects of their claim are simply not covered, or at best, not fully covered.

The auto insurance industry often conveys the oversimplified message that a given policy will protect you, your family, and your assets should you be involved in an accident. The reality, however, is much more convoluted. Not only are there no standards for insurance policy types and

For complete text of newsletter articles and more information about WIL, our services and qualifications,

please visit

Gregory P. Linehan, [email protected]

Steven T. Wittmer, Esq.FL Bar Board Certified Civil Trial Lawyer

[email protected]

www.sarasotalitigator.com

levels above the legally required minimum, but each auto insurance policy is divided up into many types of coverage with varying degrees of protection, depending on that particular policy and insurance company. In Martha's situation, which is indicative of most every auto accident, several different types of coverage came into play because of the specific details of her accident.

A game of Russian rouletteWhy don't insurance companies offer a “full coverage” policy with sweeping protections against any situation? Simple answer: Florida laws do not require a comprehensive policy. Many people make the choice to obtain a minimum-limits policy for financial reasons, but even more robust policies can have weak areas. By dividing up the types of coverage in a given

CONTINUED ON PAGE 2

P E R S O N A L I N J U R Y | W R O N G F U L D E AT H | I N S U R A N C E D I S P U T E S / B A D FA I T H | E S TAT E & T R U S T L I T I G AT I O N

The hiring of an attorney is an important decision that should not be based solely on advertisements.Before you decide, ask us to send you free written information about our qualifications and experience.

P U B L I S H E D B Y T H E L A W O F F I C E O F , P L L C

policy, auto insurance companies are much less financially exposed. In the event of an accident, one applicable area of coverage would more likely either be insufficient or not part of the policy.

When you take into account the many different situations you can encounter on Florida roads and compare these to your policy coverage, you might be surprised to learn just how vulnerable you are. Remember, you are liable for anything your insurance policy doesn't cover. Once you’re aware of these uncovered areas in your insurance policy, driving starts to feel more and more like a game of Russian roulette.

Divide and conquerEven if you have adequate coverage, the industry still has a huge advantage over you. With so many different types of coverage coming into play in a given accident, an insurer has plenty of opportunity to deny various aspects of your claim. It’s the old “divide and conquer” strategy. In the confusing aftermath of an auto accident, having an insurance company pick apart your claim can be time-con-suming, stressful, and financially debilitating. This is the insurance industry’s tried-and-true method of wearing you down so you will settle for a smaller amount of money. Without adequate coverage to begin with, however, they’re betting you’ll be less likely to fight a denied or underpaid claim.

The only time you know if you are fully insuredis after an accidentThe truth is that you won't know whether you are fully insured against an accident until after the liabilities and damages have been fully assessed and covered. Every accident is different, every insurance company is differ-ent, and every policy is different. Insurance companies use this to their advantage. Have you ever heard an auto insurance ad claiming you’ll be fully covered in an accident? The truth is, there is no such thing as full coverage.

Think like an insurance companySo, how do you make sure that you, your family, and your

assets are protected in the event of a traffic accident? The key here is to think like an insurance company and manage the risks to which you are exposed. Look closely at your auto insurance policy to determine where the weak points lie. Consider a worst-case scenario for each type of coverage and compare this with the assets you are trying to protect. Here are some things to take into account:

Start with your health insurance policy. Subject to your deductible, co-pay limits and maximum coverage limits, your health insurance will pay for your medical care after exhaustion of your PIP policy limits. If you have health insurance with solid coverage you do not need to purchase additional PIP coverage nor medical payment coverage.

Uninsured/Underinsured Motorist (UM/UIM) Insurance is not required under current Florida law, but the Florida Insurance Council most recently reported that 24% of drivers in the state are uninsured -- that’s one in four! You can refresh your knowledge of how UM/UIM coverages fortify your insurance by referring back to our prior newslet-ter issues dated Summer 2013 and Summer 2014.

So what coverages should you obtain? At a minimum, we recommend you consider obtaining the following coverages for your auto policy:

PIP $ 10,000.00Property Damages [PD] Liability $ 25,000.00Bodily Injury [BI] Liability $100,000.00UM/UIM $250,000.00

For Martha, things are looking up now. But without the help of a good attorney to navigate the confusing, fractured legal process that follows an auto accident, things could have been much different. All of us at Wittmer | Linehan can't stress enough how important it is to protect yourself before you are involved in an accident. Understanding your insurance policy and making sure it will serve to protect you in a worst-case scenario is always your first line of defense.

Don't just take our word for it. Scan this QR codeto read about W|L's many case success stories:http://www.sarasotalitigator.com/past-results

PRSRT STDU.S. POSTAGE

PAIDPERMIT 1

MANASOTA, FL

RESULTS MATTER2014 Fourth Street Sarasota, FL 34237

There is no time more fittingto say Thank You and to wish you

a Happy Holiday Seasonand a New Year of health,happiness, and prosperity!

Page 2: WINTER 2014 SARASOTA PRSRT STD U.S. POSTAGE PERMIT 1 …€¦ · The only time you know if you are fully insured is after an accident The truth is that you won't know whether you

Has anyone ever told you that you have “FULL COVERAGE” for your car or motor-cycle? If you’ve been following our serialized story about Martha, the graphic designer who was hit by a foreign tourist on I-4, you’ve seen how the aftermath of a car accident can be tremendously confusing, financially draining, and deeply frustrating. Quite often, motorists who file an insurance claim are surprised to find out that some aspects of their claim are simply not covered, or at best, not fully covered.

The auto insurance industry often conveys the oversimplified message that a given policy will protect you, your family, and your assets should you be involved in an accident. The reality, however, is much more convoluted. Not only are there no standards for insurance policy types and

levels above the legally required minimum, but each auto insurance policy is divided up into many types of coverage with varying degrees of protection, depending on that particular policy and insurance company. In Martha's situation, which is indicative of most every auto accident, several different types of coverage came into play because of the specific details of her accident.

A game of Russian rouletteWhy don't insurance companies offer a “full coverage” policy with sweeping protections against any situation? Simple answer: Florida laws do not require a comprehensive policy. Many people make the choice to obtain a minimum-limits policy for financial reasons, but even more robust policies can have weak areas. By dividing up the types of coverage in a given

policy, auto insurance companies are much less financially exposed. In the event of an accident, one applicable area of coverage would more likely either be insufficient or not part of the policy.

When you take into account the many different situations you can encounter on Florida roads and compare these to your policy coverage, you might be surprised to learn just how vulnerable you are. Remember, you are liable for anything your insurance policy doesn't cover. Once you’re aware of these uncovered areas in your insurance policy, driving starts to feel more and more like a game of Russian roulette.

Divide and conquerEven if you have adequate coverage, the industry still has a huge advantage over you. With so many different types of coverage coming into play in a given accident, an insurer has plenty of opportunity to deny various aspects of your claim. It’s the old “divide and conquer” strategy. In the confusing aftermath of an auto accident, having an insurance company pick apart your claim can be time-con-suming, stressful, and financially debilitating. This is the insurance industry’s tried-and-true method of wearing you down so you will settle for a smaller amount of money. Without adequate coverage to begin with, however, they’re betting you’ll be less likely to fight a denied or underpaid claim.

The only time you know if you are fully insuredis after an accidentThe truth is that you won't know whether you are fully insured against an accident until after the liabilities and damages have been fully assessed and covered. Every accident is different, every insurance company is differ-ent, and every policy is different. Insurance companies use this to their advantage. Have you ever heard an auto insurance ad claiming you’ll be fully covered in an accident? The truth is, there is no such thing as full coverage.

Think like an insurance companySo, how do you make sure that you, your family, and your

S A R A S O TA L I T I G AT O R J O U R N A L | W I T T M E R | L I N E H A N , P L LC

Working in Florida’s ever-changing weather conditions can be dangerous. For John Doe, it almost cost him his life. John Doe was working for a local aluminum company installing downspouts when a piece of downspout was caught by a gust of wind. The aluminum downspout fell backwards onto an exposed electrical line. Mr. Doe was at work on the scaffolding when he was electrocuted; as a result, he fell almost 25 feet to the sand below. Mr. Doe was taken by helicopter to Blake Medical Center and then Tampa General Hospital, where he spent 14 days in the burn intensive care unit. Mr. Doe’s extensive injuries included broken bones, damage to both his upper and lower back, and burns requiring treatment by skin grafts.

While Mr. Doe was being treated in Tampa General Hospital’s burn center, the workers’ compensation insurance carrier denied his injury, refusing to pay for his astronomical medical bills, any ongoing medical care, or

CASE REVIEW

assets are protected in the event of a traffic accident? The key here is to think like an insurance company and manage the risks to which you are exposed. Look closely at your auto insurance policy to determine where the weak points lie. Consider a worst-case scenario for each type of coverage and compare this with the assets you are trying to protect. Here are some things to take into account:

Start with your health insurance policy. Subject to your deductible, co-pay limits and maximum coverage limits, your health insurance will pay for your medical care after exhaustion of your PIP policy limits. If you have health insurance with solid coverage you do not need to purchase additional PIP coverage nor medical payment coverage.

Uninsured/Underinsured Motorist (UM/UIM) Insurance is not required under current Florida law, but the Florida Insurance Council most recently reported that 24% of drivers in the state are uninsured -- that’s one in four! You can refresh your knowledge of how UM/UIM coverages fortify your insurance by referring back to our prior newslet-ter issues dated Summer 2013 and Summer 2014.

So what coverages should you obtain? At a minimum, we recommend you consider obtaining the following coverages for your auto policy:

PIP $ 10,000.00Property Damages [PD] Liability $ 25,000.00Bodily Injury [BI] Liability $100,000.00UM/UIM $250,000.00

For Martha, things are looking up now. But without the help of a good attorney to navigate the confusing, fractured legal process that follows an auto accident, things could have been much different. All of us at Wittmer | Linehan can't stress enough how important it is to protect yourself before you are involved in an accident. Understanding your insurance policy and making sure it will serve to protect you in a worst-case scenario is always your first line of defense.

P E R S O N A L I N J U R Y | W R O N G F U L D E AT H | I N S U R A N C E D I S P U T E S / B A D FA I T H | E S TAT E & T R U S T L I T I G AT I O N

his lost wages. Mr. Doe hired Wittmer | Linehan to assist in getting his medical bills paid and recovering his lost wages. Our firm called in many experts to review Mr. Doe’s case, and obtained numerous depositions from workers who were on the job site on the day of the accident, as well as his supervisor. As a result, Mr. Doe’s claim was successfully resolved within days before going to Court. If you, a family member, or friend have a workers’ compen-sation claim that you would like us to review, please contact our office for a free consultation. For more information about workers’ compensation and to review more successful cases like this one, visit our website at www.sarasotalitigator.com.

CONTINUED FROM PAGE 1

THERE IS NO SUCH THING AS “FULL COVERAGE” AUTO INSURANCE

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WITTMER | LINEHANRESULTS MATTER

GET RESULTS FOR CRITICALLY INJURED WORKER