DeCiccio & Johnson personal injury lawyer for all kinds personal injury.
DeCiccio & Johnson is a litigation-based personal lawyer firm works for their clients all part of the United States. Daniel DeCiccio and Wayne Johnson are all experienced in all kinds of personal lawyers for you. These two are board-certified in employees' compensation and have trial expertise that is in civil law.
In personal injury attorney DeCiccio & Johnson are one of the top lawyers for you in the United States. The lawyers team are experts in the area of personal injury attorney, medical malpractice attorney, insurance attorney, product liability attorney, family law attorney, criminal defense attorney, injury attorney etc.
The attorney and personal lawyer firm has litigated all types of claims where somebody has been hurt, it's developed particular experience in traumatic brain injury and spinal-cord harm cases. In case you or your loved one has suffered this kind of injury like slip and fall, due to an on-the-job accident or the error of others, contact the DeCiccio & Johnson today.
Federal Workers Compensation lawyers for you.
If you're a federal employee that has been slip and fall or injured at work you're entitled to medical care for your injury and to cash benefits to compensate you. Then it’s the time to talk to a personal injury attorney. The Department of Labor does not make it effortless for you to pursue your own benefits. In addition, may provide information regarding pursuing your benefits to you from the personal lawyer or an injury attorney firm.
If you're injured in an accident, inform about your injury to a personal injury attorney. Notice of an injury ought to be provided within 30 days. This means filling out a CA-2 or CA-1 legal form. Needless to say, the sooner the better. Even if you didn't give legal notice within 30 days this doesn't automatically bar you from submitting a personal accident claim. Sometimes an employee isn't aware of the seriousness of the injury or it's associated with work until a later point in time. Your employer may inform you that you can't pursue your claim because you didn't give timely accident notice. Don't take their word for it till you consult with a personal injury attorney or a lawyer.
A personal injury attorney can help you to get in the continuation of pay in 45 days. In other words, your employer still pays even though you're out on disability. This isn't sick pay. Ensure that your sick pay hasn't been used or deducted. After the 45 days then you get workers' legal compensation cover through the Department of Labor Office of Workers' Compensation Programs (OWCP). You have to complete the CA-7 form to obtain the workers' compensation cover. A personal injury attorney will help you to do this so.
You should be consult a doctor to care for your health condition. You have the right to pick the physician who treats you. The problem is that many physicians won't take employees' compensation cases or an accident case in the work place. It's important that you're guided to the appropriate specialist who treat workers' compensation patients and understand the demands of OWCP. If the doctor doesn't fill out the OWCP forms in the right manner this can cause important difficulties and delays in receiving your personal accident benefits.
You might be told that you don't need a personal accident lawyer for your claim. You might not, but you need to at least consult with a personal injury attorney to be certain that you are getting all the benefits you're entitled to. We'll let you know if your claim has been handled properly. We'll legally allow you to know whether the physicians the OWCP has sent you to are the very best for your health condition or if you need to look to change physician for a better treatment. We'll allow you to know if you're eligible for a scheduled award. You may obtain a scheduled award if you get a permanent handicap for certain accidental injuries.
DeCiccio & Johnson had experience in several instances where a scheduled award should have been compensated but wasn't. If you are not able to return to work the personal injury attorney will help you pursue the retirement and disability benefits. And lastly, if you will need to pursue your gains through lawsuit personal lawyer will represent to assist you to get what you're entitled under the national legal law.
There are not many personal lawyers who focus on federal employees' compensation claims. DeCiccio & Johnson law firm represent federal employees who required a legal help in pursuing their workers' compensation benefits.
Personal attorney for brain and spine injuries.
A traumatic brain injury accident can happen in many different situations. As a Florida brain injury attorney, DeCiccio & Johnson law firm has experienced personal injury attorney with the various factual situations where they happen.
Work-related spine or brain injuries can happen from an attack by a party or accidentally. A work-related spine or brain injuries can occur from a fall or being struck by an object or tool on work site. Occasionally the spine or brain injurie victim's employer or workers' compensation carrier dispute the occurrence of the spine or brain injuries or its severity and effect upon the injured employee, and the case goes before a Judge of Compensation Claims for a choice. In workers' accident injury compensation cases, the insurance companies may dispute and deny the sort of brain rehab treatment recommended by the victim's doctor that may be rather costly, and the insurance provider may challenge the daily fee for brain rehab treatment. At DeCiccio & Johnson law firm as a Florida personal brain injury attorney they have 50 years of combined experience before the Judges of accidental compensation claims, and we can aid the spine or brain victim or victim's family with workers' compensation legal issues and claims.
In Florida, if the workers' compensation insurance companies act in ways to intentionally injure a worker with a TBI, there may be another civil law suit for intentional infliction of emotional distress. It's important to get an experienced Florida personal brain injury lawyer on your side.
There are instances where the spine or brain injuries happening at work entails also a third party who's at fault. A traveling salesman who had a brain injury due to the fault of somebody driving a motor vehicle, has a workers' compensation case and a civil case against the responsible driver.
The same case may also involve uninsured or underinsured motorist benefits flowing from the employer's vehicle accident coverage on the company-owned motor vehicle. In DeCiccio & Johnson law firm their personal injury attorney can manage all aspects of the spine or brain injuries case or cases as your Florida traumatic brain injury attorney.
Defective products, medical malpractice, and car or bike accidents can cause spine or brain injuries. If a drunk driver causes injury leading to a spine or brain injuries, the court of law may allow punitive damages to punish the wrongdoer. Punitive damages are damages that go beyond compensatory damages, and they're in addition to damages which try to make the victim whole. At DeCiccio & Johnson law firm accident attorneys has litigation experience as Florida brain injury attorney with all kinds of spine or brain injuries cases and accident cases involving punitive damages.
As Florida traumatic brain injury attorneys, DeCiccio & Johnson got experience in litigating and settling brain injury cases at Florida. Their personal lawyers are knowledgeable about the legal issues, defences, experts and compensation of brain injury cases. We all know the pain that a spine or brain injuries case brings to the victim and victim's family and the need to be responsive to the victims. Whether the spine or brain injuries is happens on the job or not, picking an experienced Florida traumatic brain injury lawyer is vital. DeCiccio & Johnson ‘s personal injury attorneys are available for a free consultation.
Car and truck accidents lawyer in Florida.
DeCiccio & Johnson’s personal injury attorney are handles car and truck accident cases of all sorts and kinds. Including motor vehicle accident (MVA) cases involving car, trucks, vans, buses, motorcycles and any vehicles operating on the public roadways in addition to off-road vehicles such as bikes, three-wheelers, mopeds, Segways and T-3's. At DeCiccio & Johnson manage motor car and automobile accidents on the public streets and on private land throughout the State of Florida.
The basis for filing a lawsuit is the party causing the car accident causing personal injury was at fault or negligent. In Florida, so as to file a lawsuit against the responsible party for damages including pain and suffering, the injured party should have a suffered a permanent injury within a reasonable degree of medical certainty, scarring, disfigurement or death. Legal damages sought against the responsible party or parties also include lost wages, loss of the capacity to earn wages and future earning ability, the value of past and future medical care and the reduction of their ability to enjoy life. Obtaining appropriate medical physicians for your injuries is vital.
DeCiccio & Johnson’s personal lawyer can help you know what accidence insurance benefits and overages may be available from your insurance company, your medical insurance provider and by the insurer of the at fault driver or owner of the automobile driven by the responsible driver.
Automobile accident cases oftentimes involve questions regarding the accident insurance. The injured party's insurance and the wrongdoer's insurance are problems the experienced personal lawyers tackle at DeCiccio & Johnson. Review of insurance policies and accessible benefits for the injured party such as personal injury protection benefits (PIP) and med-pay are crucial. PIP of $10,000 subject to the deductible and med-pay, if available, can be $10,000 or more based on the accident insurance plan.
Some insurance is primary, pays, and a few, secondary. In the car and truck accident cases in Florida, PIP is normally primary. Some private insurance has liens on settlements. By way of example, there's absolutely no lien on PIP paid, but there's a lien on med-pay advantages. Private medical insurance will claim subrogation, want money back in a settlement or recovery on what they've paid. If the injured party is covered under workers' compensation, then the workers' compensation carrier will maintain a lien on your settlement or recovery. If Medicare make any payments or may make payments, special rules apply.
There are car and truck accidents instances where the responsible driver is uninsured or underinsured. In those instances, the automobile incident victim's insurance coverage is assessed for uninsured motorist (UM) coverage or underinsured motorist coverage (UIM). Cases with UM or UIM problems can oftentimes be complicated and involve questions regarding contract issues, which state law applies and sometime individual law suits against the insurer are registered called first-party instances. Based on the language of this policy, the UM coverage may be "stacked" leading to greater UM policy limits.
When insurance companies don't guard their policy holders, they breach the insurance coverage or they act in "bad faith," the insurance carrier may be subject to civil remedies damages in another lawsuit for acting in bad faith. This is known as first party bad faith. Sometimes the wrongdoer's insurance company may act in bad faith. This is third-party bad religion.
A attorney law office understand legal obligations in automobile accident cases, and they appreciate how automobile accidents can lead to pain, impact earning ability, ruin lives and harm families. A personal lawyer handles catastrophic scenarios, spinal cord injuries, traumatic brain injury (TBI), and herniated disc cases. They're knowledgeable about accident reconstructionist, medical specialists and healthcare planners, and use specialists to establish damages. Some cases can be reduced impact high-damage instances; others can be extremely severe, high speed and high impact cases leading to wrongful death or deaths.
Daniel DeCiccio and Wayne Johnson are experienced trial attorneys who have attempted auto cases across the State of Florida. Having, through time, represented both injured parties through the wrongful actions of others and individuals and corporations which were sued, give Mr. DeCiccio and Mr. Johnson the standpoint of seeing the problems, claims and defences from all possible perspectives.
Appropriate representation of the auto crash case begins in the first client contact with a comprehensive, comprehensive interview. It's important once you contact a professional lawyer, you try to possess the basic information for you or your loved one or friend involved in the collision. It's ideal to have available a copy of the crash report or motorist exchange and have with you your insurance plan together with any medical bills, hospital or medical records and insurance information and photos of the vehicles along with your injuries.
Personal attorney for social security disability claims
Many times, people who have been denied Social Security disability benefits contact a personal lawyer at Daniel DeCiccio law farm after their legal claim was denied and they're pursuing an appeal before an administrative law judge. Those people have sadly listened to somebody who told them they don't need a personal attorney for their Social Security claim. While personal lawyer from Daniel DeCiccio law farm do manage Social Security claims at all phases, the best thing to do would be to get in touch with a lawyer before you submit a claim. If you don't win your claim in the early stages then you're taking a look at a 15-month wait before your claim is heard by an administrative law judge.
As lawyers experienced in Social Security claims they can assist you to build the medical evidence required for your social security disability case. Some folks file claims where there have been long gaps in treatment or minimal treatment. Those claims invite a denial. A professional lawyer know what Social Security looks for in evaluating a claim and can help you gather the ideal evidence to back up your claim.
Social Security can find you disabled based on your medical condition or a combination based on work limitations, work history, education and age. A personal lawyer experienced in Social Security cases knows what to search for to give your case the best chance of success at the first stage.
If your case does call for a hearing before an administrative law judge a personal lawyer can represent and prepare your situation to give you the best chance of succeeding. You'll be asked if a hearing is held to testify. This gives you the opportunity to inform the administrative law judge how your medical condition has influenced you and why you can't work for this. The administrative law judge may also have a vocational specialist and medical doctors testify at your hearing. It's important you hire a personal lawyer who is knowledgeable about the Social Security regulations and knows how to question these specialists.
At Daniel DeCiccio law farm they receive cases involving people whose claims are denied by an administrative law judge and wish to know if they could pursue the claim further. The next step is review before the Federal District Court and by the Appeals Council. Many times, it's other attorneys or agents referring these cases to us since it's a place the Daniel DeCiccio lawyers specialize in. At DeCiccio & Johnson not only attempt Social Security cases and other cases, they manage their own appeals in federal and state court.
The Social Security statute, regulations and guides for disability claims cover thousands of pages of complicated matters. Even though it's technically correct that you don't need a personal lawyer to file a Social Security claim you should think about hiring a personal lawyer as they have expertise in this area as opposed to attempting to go it alone. It's much better to get a skilled navigator in troubled waters. Contact any lawyer at Johnson & DeCiccio for more information.
Legal helps in longshore and harbor workers act claims.
Longshore claims cover over simply longshoremen. If you're injured in an accident on or near navigable waters you're eligible to seek benefits under the Longshore and Harbor Workers' Compensation Act. This legislation provides the injured employee with more benefits than he or she would receive under their applicable state workers' compensation law. This is particularly true for a worker injured in an accident at the state of Florida. It's therefore important to understand if you're eligible to longshore benefits.
You don't have work on a wharf, pier or the sea to be covered by the longshore law. The law was extended to repairmen at a workshop a mile from the waterfront that are working on a boat's gear. If you're not on the navigable water, but your occupation is linked to marine activities then you might be eligible to longshore benefits. As attorneys with this expertise at DeCiccio & Johnson their lawyer team can explore these legal problems.
The Longshore and Harbor Workers' Compensation Act also has what are called extensions. If you work for a private employer on a defence foundation either in the USA or abroad then you're covered by an expansion of the longshore law. If you work on an oil platform over three miles from shore you're covered by an extension to the longshore law.
What legal benefits are you entitled to? A number of them are:
(1) Your choice of physician to take care of your work-related illness including any change of doctor.
(2) Treatment for any aggravation of a pre-existing condition.
(3) Payment of lost wages for any disability whether temporary, permanent, partial or complete.
(4) A scheduled award for a number of types of injuries.
In almost all cases these benefits exceed the benefits of a worker hurt in Florida who must submit a state claim instead of a longshore claim. As an example, a worker in a state claim doesn't get to select his first doctor or the doctor because of his change of doctor. The insurance provider gets to pick the doctor. Thus, should you not like the first doctor all you get is another physician selected by the insurance company instead of your choice of physician.
Lost wage benefits will also be more generous in longshore claims compared to state of Florida claims. In the state employees' compensation claims, temporary benefits are capped at two decades. In longshore claims, you can get five decades of temporary benefits. These are benefits. While this may seem like a very long time, for those who have back surgery or many injuries from your accident both years can come before you know it. Your lost wage benefits are then cut off even if you're still out of work or are getting less on light duty.
Many longshore claims go unfiled since the injured employee doesn't understand he can pursue longshore benefits. At DeCiccio & Johnson lawyers team will evaluate your workers' compensation claim to learn what law relates to your situation to maximize your gains. We'll aggressively represent you in pursuing these advantages to compensate you for all benefits provided under the law.
Claims and lawsuits against insurance companies
Most of the people have some sort of insurance like life or car insurance. In Florida, if you drive a motor vehicle having no fault insurance is mandatory. Most companies by law must carry workers' compensation insurance for their employees. Home owners buy home insurance. In Florida, we know what damage a tropical storm can do to a home. Insurance is a boon when you want it and great as it works. However, what happens when things go wrong and the insurance company doesn't meet its promises under the policy? Where does this leave you?
Luckily, in Florida insurance is heavily regulated and there are statutes, case law and guidelines to protect the consumer. Some laws protect the insurance provider and some the customer or injured party. In workers' compensation, generally, an injured employee who receives benefits can't also sue his employer or workers ' compensation carrier. It's similar to an umbrella of immunity that protects them from civil suits, and the sole remedy for the injured employee would be to apply for workers' compensation benefits that includes mainly lost wages and medical care. You don't have to collect for pain and suffering in workers' compensation; you simply receive compensation and medical benefits as provided under the workers' compensation statutes and based on what the licensed doctors say or Judge of Compensation Claims determines.
Just like every law there's another one which is an exception for this. Exception about filing a civil lawsuit against the workers' compensation insurance company is when the adjuster or claims handler wilfully and intentionally causes injury to the injured employee knowing that their bad deeds are substantially certain to cause injury. This sort of case may be referred to a "Aguilera" case based on a real Florida Supreme Court decision published in 2005. Such a case can be determined by activities the adjuster takes (acts of commission) or activities the claims handler fails to take.
If the facts warrant it, then this action can be filed in circuit court and damages may include the intentional infliction of emotional distress, pain and suffering. If there's a really substantial level of wanton and wilful conduct, on the part of the adjuster or claims handler, then the court might even allow a claim for punitive damages that go beyond and are in addition to the ordinary compensatory damages. Compensatory damages are designed to create whole the victim, and punitive damages are to punish the wrongdoer and send a message to the community that such bad behaviour shouldn't be tolerated under the standards of a civil society.
Most workers' compensation adjusters are ethical and don't engage in wilful misconduct. Proving the insurance companies wilfully injured the employee understanding that the misconduct was substantially certain to cause injury is a tough standard to demonstrate in a court of law, but it can and does happen in rare circumstances. The customer who has this sort of situation usually has a very compelling story to tell. At DeCiccio & Johnson personal lawyers are good listeners and have handled these types of cases. Having expertise in workers' compensation law and civil trial experience places the lawyers team in a special position to help with these scenarios.
For those who have a case such as insurance companies’ fraud, we'll have to meet together and conduct an in-depth discussion, protected all the medical records, review the workers' compensation case materials and talk with key witnesses. Contact any personal lawyer at Johnson & DeCiccio law firm.
Vist DeCiccio law firms' website for more information www.deciccio.com