tag:blogger.com,1999:blog-233897752009-06-12T01:36:51.907-04:00The Avera Law Firm Blog is designed to update clients, vendors, and other interested persons regarding law firm news, personnel, legal issues, and legislative issues. The firm management welcomes posts and questions to the blog as an interactive means to provide information to the public.Mark Averahttp://www.blogger.com/profile/01675188654201629450noreply@blogger.comBlogger28125tag:blogger.com,1999:blog-23389775.post-6815964356589379762009-01-27T16:40:00.002-05:002009-01-27T16:42:58.638-05:00

Our friends in law enforcement want everyone to be aware of this scam which is relatively new. Please, never give your social security number or date of birth to anyone over the phone. If this happens to you, please write the number of caller ID and call law enforcement immediately to report the incident.Jury Duty Scam DO NOT DELETE WITHOUT READING !This has been verified by the FBI (their link

Mark Averahttp://www.blogger.com/profile/01675188654201629450noreply@blogger.com1tag:blogger.com,1999:blog-23389775.post-2574526896215262882008-12-07T10:04:00.004-05:002009-03-16T12:04:05.944-04:00

Support the Troops This Holiday SeasonAs families gather for the holidays, some will face a conspicuous absence - their mothers, fathers, brothers, sisters, sons, daughters, uncles, aunts or cousins can't make it home because they are serving abroad.Military service requires sacrifice, but service members feel the distance between themselves and their loved ones most keenly on holidays. While

Mark Averahttp://www.blogger.com/profile/01675188654201629450noreply@blogger.com0tag:blogger.com,1999:blog-23389775.post-83067089998608042942008-11-19T17:27:00.003-05:002009-03-16T11:49:30.127-04:00

Many of you are aware that Avera & Smith is substantially involved in litigation involving truck crashes. Following is an announcement from Public Citizen regarding the Federal Motor Carrier Safety Administration's decision on rules regulating the number of hours a truck driver can drive before a break or be "on-duty".The Federal Motor Carrier Safety Administration Tuesday announced its final

Mark Averahttp://www.blogger.com/profile/01675188654201629450noreply@blogger.com0tag:blogger.com,1999:blog-23389775.post-53050668333526642802008-10-13T09:00:00.003-04:002008-10-13T09:20:21.326-04:00

Particularly in light of the economic situation and the "lending crisis", we all need to be alert to scams intended to steal your money or to trick you into giving your money to someone who acts as though they have your best interests at heart. Here are some things you can do to avoid being the victim of a scam.1. Never, ever, ever give your personal information (social security number,

Mark Averahttp://www.blogger.com/profile/01675188654201629450noreply@blogger.com0tag:blogger.com,1999:blog-23389775.post-3097463526134003362008-07-02T05:17:00.007-04:002008-07-02T05:55:15.617-04:00

Every year, hundreds of chidlren across the country are seriously injured in accidents involving fireworks. Fireworks are dangerous and if your kids use them, they are at risk of suffering a life changing injury.Take my friend, Max. Max was 13 when he attended a July 4th picnic at a friend's house with his parents' knowledge. What they didnt know was that the adults at this gathering would be

Mark Averahttp://www.blogger.com/profile/01675188654201629450noreply@blogger.com0tag:blogger.com,1999:blog-23389775.post-60728881485898433412008-03-01T08:23:00.002-05:002008-03-01T08:27:33.278-05:00

In our February 23, 2007 article, we explained how UM (uninsured motorists) coverage works. We revist this issue to illustrate how important this coverage is based on a horrible experience an elderly couple recently experienced.A new client called Avera & Smith early this year regarding a horrible auto crash in which she was involved. Let's call her Mrs. Jones. Mrs. Jones is elderly. Both she and

Mark Averahttp://www.blogger.com/profile/01675188654201629450noreply@blogger.com0tag:blogger.com,1999:blog-23389775.post-78744688644699157582008-02-07T10:48:00.000-05:002008-02-07T11:03:51.421-05:00

Yesterday, families across the south were devastated by a series of tornadoes that, at the time of this writing, were reported to have killed 54 people and left untold families homeless.In times such as this, we cannot think of better charities to donate to than those who respond immediately to the needs of these familes. Organizations such as the American Red Cross respond to such disasters and

Mark Averahttp://www.blogger.com/profile/01675188654201629450noreply@blogger.com0tag:blogger.com,1999:blog-23389775.post-47990586790684809872008-01-26T08:20:00.000-05:002008-01-26T08:40:40.356-05:00

Every year, the lawyers at Avera & Smith are called regarding accidents, injuries, or fights that stem from minors consuming alcohol. Often, that alcohol is consumed at the home of one of the minors with the knowledge and consent of his or her parents. Good idea to supervise the consumption of alcohol by kids? For a variety of reasons, probably not. But let's look at one reason and explain how

Mark Averahttp://www.blogger.com/profile/01675188654201629450noreply@blogger.com0tag:blogger.com,1999:blog-23389775.post-68675545229645354582007-06-18T09:45:00.000-04:002007-06-18T09:55:24.400-04:00

At Avera & Smith, we receive phone calls almost daily from persons who have divorced, are the primary residential parent of their child or children, and desire to move to another city for any variety of reasons. Randi Dincher, Esq, of Avera & Smtih took a few moments to write the following piece to answer some of these questions.Relocation of Residential Parent Primary residential

Mark Averahttp://www.blogger.com/profile/01675188654201629450noreply@blogger.com0tag:blogger.com,1999:blog-23389775.post-65354078317386044652007-03-06T11:17:00.000-05:002007-03-06T11:28:04.953-05:00

We often receive calls from people who are contemplating a divorce but are really unsure of what the financial obligations are and how they come into play. Many of you are aware that Florida has child support guidelines to assist parents, attorneys, and the court system in determining the amount of child support owed by an obligating party. In our years of handling family law matters, we are

Mark Averahttp://www.blogger.com/profile/01675188654201629450noreply@blogger.com0tag:blogger.com,1999:blog-23389775.post-82816830289106841682007-02-23T12:22:00.000-05:002007-02-23T12:23:19.199-05:00

For people who contact us regarding auto insurance issues, one of the least understood coverages is uninsured motorist coverage (UM). Why don't you pull out your auto policy and we'll go over this coverage so you understand exactly what kind of coverage you have and how much. Go to the declarations page that lists your car(s), your coverages (bodily injury, collision comprehensive, UM, etc) and

Mark Averahttp://www.blogger.com/profile/01675188654201629450noreply@blogger.com1tag:blogger.com,1999:blog-23389775.post-1165149880687865652006-12-03T07:42:00.000-05:002006-12-19T14:08:53.923-05:00

From the Florience, SC Times DailyAs Trucking Rules Are Eased, a Debate on Safety GrowsIn the last six years, the White House has embarked on a bold strategy of deregulation, provoking fierce debate about its benefits and risks.WASHINGTON, Dec. 2 — As Dorris Edwards slowed for traffic near Kingdom City, Mo., on her way home from a Thanksgiving trip in 2004, an 18-wheeler slammed into her Jeep

Mark Averahttp://www.blogger.com/profile/01675188654201629450noreply@blogger.com0tag:blogger.com,1999:blog-23389775.post-1161522723918414272006-10-22T08:58:00.000-04:002006-10-22T09:12:49.166-04:00

Many of you will remember our comment in late September that dealt with the time periods in which health insurers had to pay medical bills incurred by you or your family.In the past, health insurance entities took the position that these statutes, requiring payment within a certain time period, did not create a cause of action. In other words, even though the statutes set forth the time periods

Mark Averahttp://www.blogger.com/profile/01675188654201629450noreply@blogger.com0tag:blogger.com,1999:blog-23389775.post-1159305075685645042006-09-26T17:03:00.000-04:002006-09-26T17:11:15.703-04:00

Ever wonder when your health insurance company was going to pay for the bills you incurred for medical care or treatment? Here at Avera & Avera, we frequently assist people with health insurance bills that the insurer is either denying payment on or is not paying timely; much to the concern of the patient and their health care provider. Florida Statutes do provide time limitations within which a

Mark Averahttp://www.blogger.com/profile/01675188654201629450noreply@blogger.com0tag:blogger.com,1999:blog-23389775.post-1159303277430865102006-09-26T16:35:00.000-04:002006-09-26T16:41:17.450-04:00

Avera & Avera, LLP is pleased to announce that state senator Rod Smith has rejoined the firm after his 18 month campaign to become Florida's next governor. Although Rod's campaign ended in the democratic primary, he was successful in coming from a virtual unknown in Florida with a 4% name recognition to coming within a hair of winning the democratic primary.Senator Smith will now focus on his

Mark Averahttp://www.blogger.com/profile/01675188654201629450noreply@blogger.com0tag:blogger.com,1999:blog-23389775.post-1155997542412638992006-08-19T10:14:00.000-04:002006-08-19T10:27:38.010-04:00

Dear Friends:We are pleased to announce that family law attorney Randi Dincher joined Avera & Avera this past August 7th and will handle all of the firm's family law related matters.Randi is a member of the Florida and Pennsylvania Bar and comes with a strong reputation for thorough and zealous advocacy for clients in divorce and family law matters.Randi obtained her Juris Doctor Degree in law

Mark Averahttp://www.blogger.com/profile/01675188654201629450noreply@blogger.com0tag:blogger.com,1999:blog-23389775.post-1155432172235468232006-08-12T21:20:00.000-04:002006-08-12T21:22:52.236-04:00

Today, the St. Pete Times, the largest newspaper in Florida, endorsed Senator Rod Smith for Governor in the democratic primary. This is exciting news for all of us in North Florida who have been working so hard on the campaign. This is particularly true because the Times is in the backyard of Tampa Congressman Jim Davis, Senator Smith's opponent. You can read the endorsement at the link below

Mark Averahttp://www.blogger.com/profile/01675188654201629450noreply@blogger.com0tag:blogger.com,1999:blog-23389775.post-1155033346073093602006-08-08T06:32:00.000-04:002006-08-08T06:35:46.073-04:00

Please join us at our new offices at 2814 SW 13th St. in Gainesville. Avera & Avera is hosting an event for Rod Smith in his campaign for Governor on Tuesday, August 15th from 5pm to 630pm. Please join us and bring your friends!! Click on this web link for all the details.http://tools.rodsmith2006.com/page/event/detail/specialevents/jt9We will see you there!!Mark AveraAvera & Avera, LLP

Mark Averahttp://www.blogger.com/profile/01675188654201629450noreply@blogger.com0tag:blogger.com,1999:blog-23389775.post-1147342225645219932006-05-11T06:06:00.000-04:002006-05-11T06:10:25.656-04:00

What follows is an excellent op-ed piece written by a friend in Tampa after former U.S. Secretary of State James Baker appeared on Larry King Live on CNN recently...OP-ED:Larry King is nothing if not cordial to his guests. Last night his guests were two very sympathetic figures – a grandfather and his daughter, discussing the drowning death of a seven year old girl. The grandfather explained that

Mark Averahttp://www.blogger.com/profile/01675188654201629450noreply@blogger.com0tag:blogger.com,1999:blog-23389775.post-1145357808104709372006-04-18T06:51:00.000-04:002006-04-18T06:56:48.116-04:00

Avera & Avera is pleased to announce the hiring of Firm Administrator Richard Turnbow. Mr. Turnbow joins Avera & Avera from a prominent Montgomery, AL firm. Richard is a certified public accountant by trade and has almost 30 years of experience administrating law firms both large and small. He is a member of the Association of Legal Adminstrators and is a freqeunt speaker at seminars across

Mark Averahttp://www.blogger.com/profile/01675188654201629450noreply@blogger.com0tag:blogger.com,1999:blog-23389775.post-1145353221723821362006-04-18T05:36:00.000-04:002006-04-18T05:41:42.616-04:00

Florida statutes currently place strict and clear guidelines regarding the necessary qualifications a medical expert must have to testify in a medical malpractice case. But to understand how the system works in the real world, one must understand the culture. Only then can you fully appreciate what the Florida House of Representatives is pushing in House Bill 1561.In Florida, before a patient may

Mark Averahttp://www.blogger.com/profile/01675188654201629450noreply@blogger.com0tag:blogger.com,1999:blog-23389775.post-1142811339298193982006-03-19T18:08:00.000-05:002006-03-19T18:35:39.316-05:00

After I posted some information about sovereign immunity and the caps that are imposed upon a claimant, someone posted a question about how they work. Let's work through a scenario on a case we handled a couple of years ago.Let's say a deputy with a sheriff's department is responding to a disturbance call. There is really no rush to get there. A couple is arguing and one of them have called the

Mark Averahttp://www.blogger.com/profile/01675188654201629450noreply@blogger.com0tag:blogger.com,1999:blog-23389775.post-1142304706450775882006-03-13T21:19:00.000-05:002006-03-17T10:59:06.956-05:00

As I sit at home preparing for a hearing tomorrow before a circuit judge in case where a lady who was mother to four adult children unnecessarily died, it struck me that even the government twists the law to avoid being held accountable for unconscionable negligent acts.In October 2004, our client was attending a wedding in South Carolina. Her mother lived with she and her husband. Her mom was

Mark Averahttp://www.blogger.com/profile/01675188654201629450noreply@blogger.com1tag:blogger.com,1999:blog-23389775.post-1142136227532363292006-03-11T22:37:00.000-05:002006-03-11T23:10:04.026-05:00

In 2003, the Florida Medical Association (FMA), backed by malpractice insurers, proposed a drastic change in the laws pertaining to medical malpractice. Their aim was to limit all non-economic damages to $250,000 in malpractice cases. They were unsuccessful in that draconian attempt, but they did succeed in persuading the legislature to limit non-economic damages to $500,000 as to physicians and

Mark Averahttp://www.blogger.com/profile/01675188654201629450noreply@blogger.com0tag:blogger.com,1999:blog-23389775.post-1141781450720166982006-03-07T20:19:00.000-05:002006-03-07T21:14:55.183-05:00

In auto accident cases, we are asked all the time by our clients why their insurance company should pay anything if the other party was at fault. Well, here is the 5 minute version......PIP: Personal injury protection benefits are called no fault benefits. That means that it doesn't matter who is at fault in the accident, your own PIP pays 80% of your medical bills and 60% of your lost wages with

Mark Averahttp://www.blogger.com/profile/01675188654201629450noreply@blogger.com0