BP Oil Settlement Lawyer – It’s Not Too Late to Make A Claim

Posted on March 2, 2013 by James Keim, Attorney at Law

If you are an employee of or own a business that is in a zone determined to have been effected by the April 20, 2010 BP Oil Spill, (essentially all Florida counties bordering the Gulf of Mexico), you may be entitled to compensation. You are not too late to make a claim.

North Port Attorney, James Keim, is handling BP Oil Spill Settlement Claims on behalf of individuals and business in North Port, Venice, Englewood, Port Charlotte, and Punta Gorda that suffered a financial loss due to the April, 2010 disaster and aftermath.  Claimants who suffered any financial loss, whether direct or indirect, and who live in an effected zone may be eligible to share in the compensation fund set aside by BP.  It is not too late to make a claim.  Our law firm will provide a free evaluation of your claim, working in conjunction with an expert consultant to determine the maximum compensation you or your business may be entitled to receive.

If you or your business suffered an economic loss or downturn following the BP Oil Spill, you may be entitled to receive compensation under a new settlement fund reached for all businesses and individuals – not just those which are tied to the beach or tourist industries. These include but are not limited to:

  • Construction Trades
  • Physicians / Healthcare
  • Real Estate Trades
  • Restaurants / Bars
  • Transportation Services
  • Stores / Retail Businesses
  • Service Based Businesses
  • Financial Services
  • Other Business Entities

 

Free Case Evaluation / No Fees or Costs Unless We Win

All cases are handled on a contingency fee and cost basis.  You pay no fee or costs unless we achieve a settlement on your behalf. Call us today at (941) 426-4500.

Frequently Asked Questions:

    1. How Do I Know If I am Eligible to Participate in the Compensation Fund?

If you are able to show a drop in income during the year 2010, following the April 20th disaster, then you may meet eligibility requirements to participate in the compensation fund set aside by BP to pay claims.  We will review your financial documentation, in conjunction with accounting professionals, in order to present your claim for losses suffered in the strongest manner possible.

    1. How Long Does the Process Take?

Once all documentation is submitted in support of your claim, you may expect an answer in as few as ninety (90) days.  The Deepwater Horizon Claims Center is obligated by law to timely respond to your claim for damages.  We will process, submit, and monitor your claim to ensure that it is handled on a timely basis.

    1. Is There Any Up-Front Out of Pocket Cost to Me or My Business?

No.  Our law firm handles claims on a contingency fee and cost basis.  You pay no fees or costs unless and until a recovery is made on your behalf.  Fees and costs are simply deducted from the recovery at the time a settlement is obtained.

Did you or your business suffer a direct or indirect economic loss in 2010 as a result of the BP Oil Spill?  You may be entitled to compensation.  Call today for a Free Consultation to learn your rights: (941) 426-4500 .

James Keim is an Attorney who is Peer Review Rated for Ethical Standards and Legal Ability by Martindale-Hubbell.™

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Medicaid Cuts Result in Reduced Staffing Levels and Trigger Nursing Home Neglect and Abuse

Posted on September 12, 2012 by James Keim, Attorney at Law

Are complaints against nursing homes in Sarasota County and Charlotte County, FL on the rise?  If Medicaid cuts continue, nursing home residents and their family members are sure to witness more instances of abuse and neglect.  Why is this?  There is a proven and direct link between the numbers of employed and trained nursing staff and incidents of abuse and neglect in Florida nursing homes.

As nursing home operators take a hit to their bottom line profits with Medicaid cuts, they react by scaling back on nursing staff and training.  The result is often catastrophic for those who pay a premium to receive what should amount to quality care.

The best advice is to be vigilant.  Visit often and at different times during the day and evening in order to evaluate the care your loved one is receiving.  Promptly express any and all concerns you have regarding care to the director of nursing and administrator.  Also speak with the resident’s treating physicians about concerns you have.

Making the decision to remove and transfer an elderly resident from the familiar surroundings of a nursing home to a new facility is difficult — especially if they suffer from dementia or another neurological disorder.  This action, however, may be warranted if you suspect their health or life may be in jeopardy.  In choosing a new nursing home, utilize the following website to assist in your evaluation process, visit, and speak with other family members about their experiences.

http://apps.ahca.myflorida.com/NHCGUIDE/

 

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North Port Lawyer Advises: “Major Changes Coming to Florida Car Insurance ‘No-Fault’ Law that Will Affect You if You are Injured In An Auto Accident”

Posted on August 27, 2012 by James Keim, Attorney at Law

As a consumer, does it seem like you are paying more for less these days?  As of January 1, 2013, you will be paying the same rate (or higher rates if insurance companies get their way) for less automobile insurance coverage when a sweeping new law takes effect.  Under the current law, each individual traveling in an insured vehicle in Florida is entitled to receive up to $10,000 in “personal injury protection” medical benefits in the event they suffer injury in a collision.  Many people, and especially men, try to “tough it out” after an automobile accident — especially if the impact did not seem too severe at the time.  It is not uncommon for someone who is involved in a car accident to delay getting treatment because they believe their injuries are only minor and will eventually resolve on their own without medical care — only to discover that three to four weeks following the accident, they are still hurting, if not feeling even worse.  Under the existing law, these accident victims may still obtain treatment and rest assured that their bills will be paid.  That, however, is about to change.

Effective January 1, 2013, unless initial medical treatment is obtained within 14 days of an automobile accident, “No-Fault” Personal Injury Protection benefits will not be available even though the consumer has paid for them.  In other words, unless an examination and treatment is sought and obtained within the first 14 days following a car collision, the consumer will not receive the benefits of the insurance coverage that they have bought and paid for with their hard earned dollars.

Furthermore, instead of receiving $10,000 in coverage, the consumer will have only $2,500 in medical benefits available to pay for medical treatment and care unless it is determined by a qualified medical doctor or osteopathic physician during that initial 14 day period that an “emergency medical condition” exists.  Chiropractors may not make that determination under the new law.

In order to receive the full $10,000 in insurance coverage benefits that the consumer has paid for, the medical doctor must determine that an “emergency medical condition” exists.  According to the law, an emergency medical condition is one which is accompanied “by acute symptoms of sufficient severity, which may include severe pain, such that the absence of immediate medical attention could reasonably be expected to result in any of the following:  a) serious jeopardy to patient health, b) serious impairment to bodily functions, and c) serious dysfunction of any body organ or part.”  Furthermore, insurance companies will be able to deny payment over the $2,500 limit for subsequent follow up medical care and treatment unless that additional care and treatment is consistent with the initial diagnosis made by the medical doctor.  In other words, if a patient fails to complain about head pain in the emergency room because all of their attention is focused on the pain emanating from their shattered wrist, the insurance company could later deny payment for care related to a brain injury that was also suffered in the same collision.  This is particularly troubling because many different types of injuries (and not just head injuries) go undiagnosed in emergency rooms throughout the country on a daily basis.

Conclusion:

If you are involved in an automobile accident — even if it seems like a minor collision at the time — you should immediately obtain a complete medical examination by a medical doctor:  someone with the letters M.D. or D.O. after his or her name.  If you receive initial treatment in an emergency room, you should make arrangements upon your discharge to see a medical doctor as soon as possible and no later than 14 days following the collision.  At that appointment, you should carefully tell the physician every issue you are experiencing, no matter how minor it may seem at the time, from head to toe.  Only then will you have taken the steps to prevent the insurance company from unreasonably denying you the payment of benefits which you have already purchased and have counted on.  Finally, speak with a lawyer familiar with automobile accident and insurance law to ensure that your rights are protected.

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Bar Owner Liability for Damages Caused by Drunk Driving Patrons in Florida

Posted on May 24, 2012 by James Keim, Attorney at Law

Can a bar owner be held liable when the bar serves a customer who becomes intoxicated and injures another in a drunk driving collision?

Generally, under Florida law, a bar owner is not liable for damages if he sells alcohol to someone who then causes injury to another as a result of the intoxication.  There is, however, a very limited exception to this general rule:

Florida Statute § 768.125  Liability for injury or damage resulting from
intoxication. – A person who sells or furnishes alcoholic beverages to a person
of lawful drinking age shall not thereby become liable for injury or damage caused
by or resulting from the intoxication of such person, except that a person who
willfully and unlawfully sells or furnishes alcoholic beverages to a person who
is not of lawful drinking age or who knowingly serves a person habitually
addicted to the use of any or all alcoholic beverages may become liable for
injury or damage caused by or resulting from the intoxication of such minor or
person.

Each exception to the general rule presents the problem of having to prove that the bar employee or owner actually knew that the person purchasing the alcohol was either a minor or someone who is habitually addicted to the use of alcohol.

 

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North Port Lawyer Answers: What is Uninsured / Underinsured Motorist Coverage and Why Is It So Important To Have It On My Insurance Policy As A Florida Driver?

Posted on March 10, 2012 by James Keim, Attorney at Law

It is estimated that nearly half of all Florida drivers carry no bodily injury insurance coverage on their automobile insurance policies; instead, opting to carry only the minimum coverage of property damage and personal injury protection coverage.  So what happens in the event you are struck and seriously injured by an uninsured driver?

The answer rests on your decision to accept or reject uninsured motorist coverage at the time you purchased or renewed your insurance policy.  Many drivers choose to “reject” this coverage for their family, not fully understanding its significance and the potential ramifications of failing to have it available on their policy following an auto accident.  Uninsured / underinsured motorist coverage exists to compensate you for those damages you would ordinarily seek to obtain from the at-fault driver, in the event that driver either fails to have bodily injury coverage entirely or has mininal limits that are inadequate to fully cover your losses.

Given the high percentage of drivers in North Port, Port Charlotte, Englewood and Venice who maintain no bodily injury insurance coverage or nominal limits of coverage, it makes sense to purchase as much uninsured / underinsured motorist coverage as you can afford so you are fully protected in the event of an auto accident.  If you find yourself suffering the life-long impact of severe and permanent injuries and must deal with the consequences of being hit by an uninsured or underinsured negligent dirver, you will be very glad that you did.

 

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Bankruptcy and Tax Refunds; The Importance of Timing

Posted on January 30, 2012 by James Keim, Attorney at Law

Many people ask the question: If I file bankruptcy, will the bankruptcy trustee or IRS take my tax refund? The answer is:  It depends.  Normally, the IRS does not seize a tax refund unless you owe taxes from a prior tax year or have failed to meet a domestic support obligation.  Occasionally, for those individuals fiing Chapter 13 bankruptcy, the IRS will divert a tax refund to the Chapter 13 Trustee — but more on that later.

If you file bankruptcy and expect to receive a tax refund, the bankruptcy trustee assigned to your case may have a claim on some or all of your tax refund.  Filing for bankruptcy and successfully avoiding having to turn over a tax refund is largely a matter of timing.  The filing of your bankruptcy takes a “snapshot” of what you own on that particular day and your right to collect certain types of property which you do not yet possess.  These expectation interests in property include anticipated tax refunds, personal injury settlements, inheritances, and yes – lottery winnings.

Therefore, if you need to file bankruptcy and anticipate receiving a tax refund, your attorney will help to determine whether your tax refund may be partially or fully protected under Florida’s exemption laws and whether it makes sense to delay your filing so that you may collect and spend your refund on ordinary and necessary household expenses prior to the time you file bankruptcy.  If you are expecting a tax refund, it is imperative that you bring this information to the attention of your bankruptcy lawyer as soon as possible.

In Chapter 13 cases, consumers are well advised to adjust their tax withholding far in advance of filing bankruptcy so that they do not receive a substantial refund.  Tax refunds that are received after filing your case are normally “property of the bankruptcy estate,” and the debtor may lose some or all of the refund.  The trustee may negotiate on how much of the tax refund must be contributed to the Chapter 13 plan and how much may be returned to the debtor.  The IRS has increasingly diverted the mailing of tax refunds directly to the Chapter 13 Trustees.  Therefore, it makes good sense to speak with your tax advisor in addition to your bankruptcy lawyer when contemplating the filing of a Chapter 13 bankruptcy case.

Through strategic timing of the filing of a bankruptcy case and the application of Florida’s exemptions, it is possible to protect some or all of a tax refund; however, success in this regard does require proper planning and disclosure.

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Tips On Selecting the Right Attorney for You and Your Situation

Posted on December 29, 2011 by James Keim, Attorney at Law

The task of finding and hiring the right lawyer for you may seem quite daunting. With all of the lawyer advertisements in existence and vast numbers of attorneys and law firms based both locally and afar, how should a consumer decide? One of the best sources is word of mouth.  If a friend or neighbor has had a positive experience with a lawyer and can recommend his or her services, then a referral is often the best way to find a good attorney. The next important step is to meet the attorney face to face.  One of the most important factors is that you have a decent comfort level with the attorney after speaking with him or her. Ask yourself: Do I feel like I can trust this person with my important legal matter? Here are some additional tips to consider when looking for a lawyer:

1. Can you call the law firm and speak with the lawyer directly? Or, do you feel like you are already getting the runaround from staff. This may be a good indicator of what you are likely to experience if you hire the law firm. 2. Is the lawyer experienced? Does he or she tell you how long they have been practicing in their advertisement? 3. Does the lawyer have more than one office? As a result of having multiple offices, how difficult will it be to consult with the lawyer at follow-up visits? Are those “satellite” offices even staffed? 4. Is the lawyer able to get you in for an initial consultation within at least a couple of days? Otherwise, consider whether the lawyer may be too busy to devote adequate time to your legal matter.

5. Is the lawyer Peer Review Rated? Have other lawyers and judges given the lawyer high marks? 6. Has the lawyer had any disciplinary problems with The Florida Bar? You may check on a lawyer’s record of discipline by going to www.flabar.org and searching the lawyer by name. There, you may also see how long the lawyer has been in practice in the state of Florida. Statistics reveal that a lawyer with past disciplinary problems is more likely to have future problems. 7. When you arrive for your initial appointment, is the lawyer on time? If not, this may be a sign of trouble. 8. Does the lawyer’s office appear to be clean and well organized? Or, is clutter scattered about? Don’t ignore these clues. 9. Does the lawyer speak in language you can understand? Or, is there an over-reliance on legalese? In order for you to feel like you are adequately represented, you must be able to communicate with your lawyer.

10. Does the lawyer offer to and actually answer any questions you have? Or, instead, does the lawyer talk over you and make you feel like you are being ignored? 11. Is the lawyer willing to give you a concrete statement of what his fees and costs will be to handle your case? Or, do you walk away feeling like the total fees and costs remain a mystery? 12. After speaking with the lawyer, do you have any “gut reactions” or “nagging doubts”? Learn to trust your instincts. 13. Do you feel like your personality and the lawyer’s demeanor are a good fit? The attorney – client relationship, in essence, requires mutual cooperation and teamwork to be a successful endeavor. 14. Do you leave the appointment feeling like you could trust the lawyer?

15. Did the lawyer try to urge you or pressure you into retaining his law firm on the spot at the initial appointment? If he did, this may be an indication that the lawyer places his own interests above your own. 16. Is the lawyer willing to disclose and discuss whether he has ever been sued for legal malpractice? 17. Is the lawyer willing to tell you whether he carries legal malpractice insurance in case a mistake is made in your case? 18. Following your appointment, is the lawyer available by telephone to answer any follow up questions you may have? If you have a hard time getting the lawyer on the phone then, it is a sure indicator of potential communication issues.

19. Is the lawyer that you meet with and hire the same lawyer that will be handling your case during all phases through to the time of completion? Mistakes are most likely to be made when lawyers pass the file around the office, with no one who has total responsibility for the client or case. Seek out a law firm where you will deal with one lawyer and one lawyer only from beginning to end. 20. Does the law firm give you the overall impression that it is nothing more than a “mill,” where you will be just another “file” among hundreds or thousands of others competing for the lawyer’s attention? 21. Is the law firm locally based in the geographic area it serves? Will you find out that in order to meet with the lawyer in the future, you will be required to make multiple car trips to distant cities once you have committed and signed the contract? 22. If your case involves going to court, does your lawyer have actual courtroom experience? If so, how much experience? What is the lawyer’s track record in court?

All in all, you should use your best judgment and trust your instincts when hiring a lawyer. If you have any doubts, obtain a second opinion on your case from another lawyer. If you hire a lawyer and experience trouble early on in the representation, it is usually a sign of bad things to come. Hopefully, by following these tips, you will make the right choice from the start.

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Be Wary of Individuals and Companies that May Be Engaging in the Unauthorized Practice of Law

Posted on November 24, 2011 by James Keim, Attorney at Law

Every day, thousands of consumers utilize the services of a legal document preparation company or an independent “paralegal” without realizing that the people they are doing business with may be engaging in the unauthorized practice of law.  Thousands more unwittingly engage a “debt consolidation” company to negotiate and reduce their debt and pay thousands of dollars before they have realized that they have been taken for a ride.

Internet predators prey upon consumers in the areas of debt consolidation, debt negotiation, foreclosure defense, home loan modifications, foreclosure “rescue,” and credit repair.  Before you engage a company to perform any of these services, you should consult with an attorney who provides a free initial consultation.  Also, if you have any doubts, you should contact the Florida Attorney General and inquire as to whether any complaints have been filed against the company.

Only lawyers admitted to practice law in the State of Florida by The Florida Bar may give legal advice on Florida legal matters and the law.  You may save yourself a great deal of time, money and heartache by speaking with a lawyer before committing to a company whose promised results sound too good to be true.

Posted in Bankruptcy, Consumer Law, Credit Repair & the Fair Credit Reporting Act, Foreclosure Defense, Home Loan Modification, Negotiating with Creditors, Unfair and Deceptive Trade Practices | Tagged , , , | Leave a comment

North Port Law Firm of Attorney James Keim, P.A. Has Moved

Posted on September 30, 2011 by James Keim, Attorney at Law

We are pleased to announce that, effective September 30, 2011, the North Port Law Firm of Attorney James Keim, P.A. has moved its office just a block North and across the street to the corner of U.S. Route 41 and Pan American Boulevard. We are now located in the Pan American Professional Center located at 5900 Pan American Boulevard, Suite 104, North Port, Florida 34287, next door to the University of South Florida North Port Campus.

We see clients by appointment only. To schedule an appointment to discuss an Auto Accident, Bankruptcy, Disability, or Foreclosure Case, please call us at (941) 426-7900.

Our mailing address remains unchanged at: P.O. Box 7810, North Port, FL 34290.  We look forward to continuing to provide our clients with a high level of service at our new office address.

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What is Insurance Company Bad Faith? North Port Lawyer Explains

Posted on September 13, 2011 by James Keim, Attorney at Law

You buy insurance for your home, your automobile, and other property that you wish to protect.  You also buy insurance so that in the event you are negligent or careless and cause injury or damage to someone, you will be protected from having to pay money out of your own pocket.  The insurance company must stand in your shoes and pay out any settlement or judgment amount.  But what happens if your insurance company fails to settle a claim when it has the ability to do so and it is clear that it should do so in order to protect you from greater losses?  If your insurer fails to promptly settle a claim when it could have and should have done so in order to protect your interests and you have suffered damages as a result, then you may have a claim against your insurance company for its “bad faith refusal to settle” the claim.

Under Florida law, every insurance company issuing policies in this state has a duty to act in good faith when negotiating claims on behalf of its policyholders.  In other words, an insurance company must act fairly and reasonably to protect you if and when it has the opportunity to do so.  For example, if you are struck and severely injured by a hit and run drunk driver, you have the ability to make a claim under your own uninsured motorist insurance policy.  If you provide your insurance company with proof that the value of your claim exceeds the limits of your coverage, yet your insurer refuses to settle the claim for the policy limits amount, it may be acting in bad faith.  If so, the insurance company could subsequently be held responsible to pay the full amount of a judgment, including attorney fees.  Additionally, the insurer could be held liable to pay punitive damages.  Of course, this is only one example of a bad faith refusal to settle scenario.  If you believe that an insurance company may be acting in bad faith and refusing to settle an insurance claim, speak with an experienced lawyer as soon as possible.  Under Florida law, time limitations known as the “statute of limitations” govern these claims, and the failure to file a claim in a timely manner could cause you to lose the right to pursue the claim altogether.

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