Florida Legal Learning Center
What Level Of Oversight Are Pool Owners Required To Provide?
Pool Owners And Safety
Attorney Brian Brijbag discusses the need for UM Coverage
UM COVERAGE Uninsured Motorist (UM) coverage in Florida is an important aspect of auto insurance that provides protection to policyholders in case they are involved in an accident with a driver who is either uninsured or underinsured. Despite laws requiring drivers to have auto insurance, some drivers on the road do not carry any insurance, or they may not have sufficient coverage to pay for the damages and injuries they cause in an accident. Here’s some basic information about UM coverage in Florida: Purpose of UM Coverage UM coverage is designed to pay for your medical expenses, lost wages, and other damages if you are hit by an uninsured or underinsured driver and they are at fault. This coverage applies to you, your family members, and any passengers in your vehicle, providing a safety net in such unfortunate scenarios. Coverage Options In Florida, UM coverage is offered in two forms: Uninsured Motorist Bodily Injury (UMBI): This covers medical expenses, lost wages, and pain and suffering caused by an uninsured or underinsured driver. UMBI coverage does not cover property damage. Stacked vs. Non-Stacked: Florida allows policyholders to choose between stacked and non-stacked UM coverage. Stacked coverage increases your UM limits based on the number of vehicles you insure. For example, if you have two cars and each has $25,000 in UM coverage, you can combine (or “stack”) these for a total of $50,000 in coverage. Non-stacked coverage, on the other hand, limits your UM coverage to the limits of a single
Understanding how American Specialty Health Impacts Your Florida Blue Chiropractic Benefits: A Florida Consumer Bulletin About American Specialty Health’s Chiropractic Management
Understanding How American Specialty Health Impacts You By Brian S. Brijbag, Esq American Specialty Health Incorporated (ASH) is a national health and wellness organization that provides, amongst other services, specialty network management for chiropractic care. In the state of Florida, ASH could very well be the third-party managing your chiropractic authorizations and payments if you are a member of Florida Blue (and some out-of-state BC/BS plans as well), Aetna, or Cigna. The following are 5 key points you should know as a chiropractic patient so as to understand the limits of your insurance: 1. The benefits you contract for are not the benefits you may be allowed to use. Each month you (and/or your employer) pay a premium to your insurance company that has many guidelines on how you can utilize that insurance. For chiropractic, it is common to have an annual visit limit, though sometimes the limit may be in the form of an annual dollar amount. ASH has an administrative process called the Medical Necessity Review (MNR) which provides the approval for you to receive chiropractic care. To get this authorization, the doctor and staff need to complete forms that are labor intensive, not equally implemented among the different providers, and that result in inconsistent reviews. For example, if your insurance plan allows for 35 annual chiropractic visits, through the ASH MNR review, you may only be able to get a fraction of those visits authorized for your use. 2. Even though ASH has vetted and credentialed the chiropractor
SUPER BOWL 2021: SAFETY TIPS
Previously, we gave some great tips on staying safe during big events like Thanksgiving and New Year’s Eve. Now, we’re back to share some ways to make sure you can enjoy this year’s Super Bowl while still being safe. Let’s have fun during Super Bowl 2021! Serve alcoholic drinks wisely. Consider serving drinks one at a time and alongside plenty of food. Have non-alcoholic drinks available and easily accessible. NFL stadiums stop serving alcohol at the end of the game’s third quarter, so you should, too. Coffee and dessert are a great way to start winding down to the end of the game. Practice kitchen safety. Judging by how there are no frozen wings to be found in a grocery store this week, it’s safe to assume a lot of people will be doing some cooking. Remember to keep a clean and organized work surface, handle hot or sharp items carefully, and keep little children out of the kitchen while you work your magic. Follow COVID-19 safety guidelines by keeping your game-watching party at a small number. Additionally, take extra precautions to avoid getting into a motor vehicle accident, which is always more likely to happen on days where there are more drunk or drowsy drivers. The National Highway Traffic Safety Administration warns that not only can impaired driving be deadly, but it can also be expensive, as the average DUI costs around $10,000. Follow these tips to be sure both your health and your wallet aren’t impacted by impaired driving: Appoint designated drivers, download ride-sharing
Attorney Brian Brijbag – The Two Most Common Car Accident Injuries
Let’s talk about two common injuries from car accidents. I’m Brian Brijbag. I’m a car accident and injury attorney in the state of Florida. There are two injuries that a lot of people don’t understand that are very common from car accidents. The first injury is herniated or bulging discs. And the way I think of them is these discs are what rest in your spine between your vertebrae and it’s kind of like a little disc. And what happens is when you’re injured sometimes these discs are like a jelly doughnut. They get squeezed the wrong way and the jelly from the doughnut kind of leaks out and it can put pressure on the spinal cord. It can cause pain. It can cause what are called radicular symptoms, where you might feel pain, tingling, numbness, shooting pain down your arms or legs and it can cause some real serious problems. And a lot of people wind up having spinal surgery, spinal fusion discectomies because of these sorts of injuries. And they’re very common in car accidents. And another injury that is common in car accidents and really wasn’t getting spotted and recognized until a lot more recently and a lot of people are becoming more aware of them are brain injuries. And what we’re talking about are concussions and mild traumatic brain injuries and traumatic brain injuries overall. And as a society, we’ve gotten better at recognizing brain injury and recognizing even a minimal injury can have lifelong impact
Be Cautious with Insurance Company Apps!
It is best to consult with a personal injury attorney after you have been in a car accident and especially before installing any insurance company apps on your phone. It has recently been reported that in order to have their vehicles fixed, Allstate Insurance Company was asking car accident victims to download its software and upload pictures of their vehicle damage. If victims refused to download Allstate’s app to their phones and upload the images themselves, they were told that they will “have to wait longer” for their cars to be fixed, according to Allstate. So what is the big problem? It certainly sounds convenient enough! Allstate suggests phone users share their position with Allstate which it “stores on Allstate’s servers and is retained by Allstate until you delete the application from your device.” This is all contained within the apps privacy policy. Can Allstate use GPS data to aid in the monitoring of accident victims? Do you want your insurance company keeping track of your coordinates? Will they use it as a means of surveillance? We really don’t know. It is well-known that Insurance firms often use unfair surveillance techniques, such as obtaining social media photographs, tweets, and recordings, then use them out of context. Even so, if you upload the property damage images to Allstate using its app, there could be legal problems if you file a complaint later. If you’ve been in a traffic accident, you should be wary of using insurance company apps. Speak with an attorney who is familiar with the tactics used by
Hernando County Local Services & Emergency Contact Information
In an emergency, always call 911. Hernando County Local Services & Emergency Contact Information After a motor vehicle crash: Florida Highway Patrol – (305) 234-2240 Hernando County Sheriff’s Department Emergency Dial 911; Non Emergency (352) 754-6830 Hernando County Car Accident Lawyer – 352-358-5880 Fire Department Hernando County Fire Rescue – Dial 911; Non Emergency (352) 540-4353 Police/Sheriff Departments Florida Highway Patrol – (305) 234-2240 Hernando County Sheriff’s Department Emergency Dial 911; Non Emergency (352) 754-6830 Hospitals Bayfront Health Spring Hill/Hernando County – (352) 688-8200 Bayfront Health Brooksville – (352) 796-5111 Oak Hill Hospital – (352) 596-6632
Pasco County Local Services & Emergency Contact Information
In an emergency, always call 911. After a motor vehicle crash: Florida Highway Patrol – (305) 234-2240 Pasco County Sheriff’s Office Emergency Dial 911; Non Emergency (727) 847-5878 Pasco County Car Accident Lawyer – 352-358-5880 Fire Department Pasco County Fire Emergency – Dial 911 Pasco County Fire Rescue – (813) 929-2750 Police/Sheriff Departments Florida Highway Patrol – (305) 234-2240 Pasco County Sheriff’s Office Emergency Dial 911; Non Emergency (727) 847-5878 Hospitals AdventHealth Wesley Chapel ER – (813) 929-5000 Regional Medical Center Bayonet Point – (727) 819-2929 AdventHealth North Pinellas – (727) 203-3080
Citrus County Local Services & Emergency Contact Information
Citrus County Local Emergency Contact In an emergency, always call 911. After a motor vehicle crash: Florida Highway Patrol – (305) 234-2240 Citrus County Sheriff’s Office – Emergency Dial 911; Non Emergency (352) 726-1121 Citrus County Car Accident Lawyer – (352) 358-5880 Fire Department Citrus County Fire Emergency – Dial 911 Citrus County Fire Rescue – (352) 527-5406 Police/Sheriff Departments Florida Highway Patrol – (305) 234-2240 Citrus County Sheriff’s Office – Emergency Dial 911; Non Emergency (352) 726-1121 Hospitals Citrus Memorial Hospital – (352) 726-1551 Bayfront Health Seven Rivers – (352) 795-6560
We hope you enjoy our Florida Legal Learning Center.
Call us anytime here at Brijbag Law 352-556-7488
Attorney Brian S. Brijbag is a Florida licensed lawyer who practices personal injury law.. Serving the Nature Coast of Florida, Attorney Brijbag represents clients in Hernando, Pasco, and Citrus counties. We will help you receive your just compensation if you are the victim of someone else’s negligence. We offer virtual consultation when appropriate and can travel to you. There are NO COSTS UNLESS WE WIN!
Free legal resources in Florida:
- Florida Law Help – A comprehensive legal information website offering a directory of all legal aid offices throughout the state. It covers a wide range of legal areas such as Family Law, Domestic Violence, Immigration, Housing, Public Benefits, and more. Visit Florida Law Help for more details.
- Florida Rural Legal Services – Provides high-quality civil legal services to address the special legal needs of migrant and seasonal farmworkers throughout Florida. They also offer a virtual legal advice clinic where you can ask questions and receive answers. For more information, visit Florida Rural Legal Services.
- Three Rivers Legal Services – Offers free civil legal aid and has been providing such services since 1978. They serve a broad audience, including veterans and survivors of abuse. Their website, Three Rivers Legal Services, contains informational videos and resources on various legal topics.
- Legal Aid Service of Broward County – Provides free civil legal services to low-income and otherwise eligible residents of Broward County. You can find more information on their website, Legal Aid Service of Broward County.
- Legal Services of North Florida – More details can be found on their website, Legal Services of North Florida.
- The Florida Bar – The Florida Bar Lawyer Referral Service is designed to make it easy for consumers to connect to verified attorneys.
These organizations provide legal services and support for various communities in their field. It’s recommended to visit their websites or contact them directly for specific legal advice.
5 Things You Must Know If You Are Ever In A Car Accident
Brian S. Brijbag, Esquire
The frightening reality is that the likelihood of you getting in a car accident at some point in your life is pretty high. They can be scary – the confusion at the accident scene, the physical pain, and all the phones call afterwards to try and get your life back together. A car accident can certainly be an impactful disruptor of life. That is why it is important to know these 5 things:
1. What to do
• Stop your vehicle immediately and position yourself in a manner as not to obstruct other motorists. In fact, leaving the scene of an accident can be a crime.
• Stay Calm.
• Call 911 to get help for anyone that is injured.
2. Get the information included in our “Car Accident Information Sheet”
This includes the names, phone numbers, and license numbers of all involved including witnesses. The insurance information of all the drivers involved with the make, model, and license plate number of each vehicle. Note the exact time, location, and road/weather conditions. Also note the injuries and damage.
3. Do not start apologizing
It may seem like good manners to apologize if you feel you were at fault but this is not the time to practice that particular social etiquette. Simply saying, “I am sorry” could be looked at as an admission of liability if you find yourself in court at a later date.
4. Get medical attention for yourself
Many states have specific timelines to seek medical treatment after an accident and missing those deadlines may limit or even invalidate your benefits. Symptoms may not immediately present themselves after a car accident as adrenaline has kicked in making you oblivious to the pain. That is why it is best to see a doctor that specializes in the unique medical needs of post-accident injuries. The things to look for include:
- • Headaches and nausea
- • Muscle pain or weakness
- • Pain in the neck, shoulder, or back
- • Dizziness or swelling
- • Feelings of fear, anxiety, or depression
- 5. Be careful who you talk too
You may start to get calls from the insurance companies that represent the other drivers. They will want to get details from you that may adversely impact you later. Do not talk to them! Your best bet is to consult
with an attorney that specializes in these types of cases so they can guide you through the process of being made whole again.
While we do whatever we can to avoid an accident, no matter how careful we are, the reality remains that one happens every 5 seconds. Do not let the next one be you. To be safe, try and follow these tips:
- • Plan your trip before you leave
- • Know where you are going and the route you plan on taking
- • Know your travel time
- • Give yourself plenty of time to get there
- • Keep your vehicle well maintained
Florida Teen Drivers – Typical Mistakes to Avoid
One of the most important milestones for most teenagers, getting their driver’s license is a big deal and a time of great pride. Being a parent of five children, and having been through the teenage driving period multiple times, I know the worries of every parent – the roadways are a very dangerous place, especially for inexperienced drivers. For Florida teen drivers, car accidents are the number one cause of death as well as a leading cause of injury.
Some the typical errors made by teenage drivers include:
Lack of Wearing a Seat Belt – When looking at statistics involving teenage drivers, the National Highway Traffic Safety Administration (NHTSA) found that seat belt use among teenagers is the lowest as compared to all other age groups. In fact, in a 2016 study looking at fatal teen car accidents, 58% of the time, the drivers and passengers were not wearing seat belts.
Driving too Fast – That same 2016 study revealed that speeding was a factor in 32% of fatal crashes involving a teen driver. Even for seasoned drivers, excessive speeds increase the likelihood of getting into an accident and also makes a crash exponentially severe. When it comes to having the ability to make quick decisions and reacting swiftly, that is a skill that comes with experience, something Florida teen drivers lack.
Driving and Drinking – Underage drinking is a problem among our young people, and mixed with driving, it becomes even more deadly. The 2016 study also concluded that in these fatal teen driving accidents, alcohol was an element 20% of the time. Mixture of underage drinking with inexperienced driving skills is a devastating combination.
Peer Pressure – When around other teens, it is well established that they may make decisions that they may not otherwise have made absence the pressure. When driving with other teens as passengers, studies have shown that Florida teen drivers are more likely to engage in risky behaviors. More teens in the car equal even more pressure to do something regrettable.
Driving while Distracted – Teen drivers, due to maturity and inexperience, are much more likely to be distracted by phones, the radio, or something else mores than other drivers. When asked if they have ever texted while driving, 33% of teen drivers stated “yes.” This activity increases the risk of an accident 23 times. A distraction of even a couple of seconds could have deadly consequences.
Doing stupid things – Finally, and particular for young male drivers, teens are much more likely to engage in unnecessary behavior. They may try and mimic the latest social media fad or challenge. They may decide to drag race, do burnouts, or some other type of stunt. Teens may decide it would be fun to drive on the hood or hang out of a window. Even seemingly well-behaved teens could have a momentary lapse in judgement that could result in catastrophic and life-altering consequences.
As parents, we need to make sure our children get as much experience and education of possible about driving. It is important to make the time to allow them to practice so they can understand the dangers of driving. Give driving privileges in stages and have them earn your trust. Talk to them about driving safety. Even if you think “never my child,” you would be surprised how common underage drinking is – make sure they know they can call you for a ride without fear. Lets keep our Florida teen drivers safe.
If your Florida teen driver is in an accident, do not hesitate to call our office at (352) 358-5880. As a Spring Hill Car Accident Attorney, Brian S. Brijbag Esq is here to help your family. It is important to have an experienced personal injury lawyer on your side. Please call for a free consultation.
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Disclaimer
For the general public: This Blog/Web Site is made available by the law firm publisher, The Law Firm of Brian S Brijbag PLLC, for educational purposes. It provides general information and a general understanding of the law, but does not provide specific legal advice. By using this site, commenting on posts, or sending inquiries through the site or contact email, you confirm that there is no attorney-client relationship between you and the Blog/Web Site publisher. The Blog/Web Site should not be used as a substitute for competent legal advice from a licensed attorney in your jurisdiction.
For attorneys: This Blog/Web Site is informational in nature and is not a substitute for legal research or a consultation on specific matters pertaining to your clients. Due to the dynamic nature of legal doctrines, what might be accurate one day may be inaccurate the next. As such, the contents of this blog must not be relied upon as a basis for arguments to a court or for your advice to clients without, again, further research or a consultation with our professionals.
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