This Month in Personal Injury Law News | March 2023

Keep up with the latest personal injury law news and insights from the industry's trusted legal partner, Ged Lawyers. Here is an overview of what happened in the personal injury law field this month.

News Stories Affecting Your Practice

1) The Risk of Impaired Florida Drivers Causes Concern amid the Possible Legalization of Recreational Marijuana

Since the legalization of marijuana in 2017, the police have been closely monitoring its impact on drivers. The statistics reveal that there have been over 6,000 drug-related auto accidents from 2018 to 2020, with marijuana being responsible for nearly a third of them - 1,900, to be precise.

With marijuana legalization expected to be on the ballot in Florida next year, some residents, like Paula Cobb, are anxious about the state's preparedness to handle the situation. Cobb's worst nightmare came true when she lost her daughter in a road accident caused by a driver who was high on marijuana.

It's alarming that many marijuana-intoxicated drivers escape conviction in Florida because there is no legal standard for measuring cannabis impairment. This is confirmed by DUI attorney Hayman, who stated that "there is no basis for them to establish a threshold for impairment."

As a solution, some counties have set up facilities known as "Green Labs," where medical marijuana patients can consume marijuana in the presence of police officers to understand its effects, particularly when driving. For instance, Montgomery County has such facilities, and Addison White, a drug recognition expert in the police department, believes having Green Labs in Florida would benefit.

Industry Updates

1) Boston Marathon Bombing Survivors Support New Law Promising Mental Health Resources After a Disaster

Congresswoman Ayanna Pressley stated that the U.S. would face untreated trauma as the next pandemic, speaking with Boston Marathon bombing survivors about the Post Disaster Mental Health Response Act. 

The law expands federal mental health support for survivors of natural disasters, domestic terrorist attacks, and other crises declared designated emergencies by FEMA. 

Trauma victims of previous emergencies, which did not receive federal resources for trauma recovery, will now have access to FEMA's counseling assistance program. The law aims to connect survivors of domestic terrorism with treatment and provide resources for those who survive natural disasters, which will become more critical as climate change fuels extreme weather events. 

The bill recognizes the interconnection between natural disasters and mental health, making it a big step forward for the climate action movement. The legislation was filed in 2021 by Pressley and other lawmakers and signed into law by President Joe Biden in December. Boston City Councilor Julia Mejía and State Sen. Liz Miranda of Boston joined Pressley at the event.

2) Florida’s Notice-of-Intent Trips Up Medicare Recovery Firm in Suits Versus Insurers

Florida's notice of intent has caused problems for Florida law firms that sue auto and liability insurers for Medicare reimbursement payments. 

The U.S. 11th Circuit Court of Appeals upheld the dismissal of double-damage suits brought by two MSP Recovery companies, finding that the Florida firms had failed to meet basic policy and statutory hurdles.

MSP Recovery has successfully recovered money from insurers, but even they must pay attention to Florida’s notice requirement. The rule, part of Florida’s no-fault or personal injury protection statute, was expanded in 2021 to require pre-suit notice for all property insurance claims lawsuits. The rule grants defendants 30 days to cure the deficiency. Our system comes designed to give insurers time to settle and to give plaintiffs another hurdle to climb, all to reduce litigation. The rule has been credited with slowing claims litigation.

In the recent Coventry and United Auto decision, a sharp dissent from 11th Circuit Judge Robin Rosenbaum argued that the federal Medicare Recovery act should preempt because the Florida law frustrates the act’s purpose.

Growing Your Practice

1) Legal Tech Revolution: Firms Invest in Cost-Saving AI Tools like ChatGPT to Improve Profitability

Law firms are investing in cost-saving technologies such as AI-driven tools like ChatGPT to maintain profitability, as a sharp drop in M&A deals has hit US law firms' profitability. 

The decline in work comes after law firms in both Britain and America bolstered their ranks during Covid. The research shows falling demand for legal services has caused US law firms’ profit-per-lawyer ratios to slip for the fifth quarter in a row.

Legal tech solutions, which are becoming seen as a means of boosting profitability without cutting, are being supported by new advances in machine learning and artificial intelligence. 

"Law firms should look at either maintaining or expanding their investments in technology, putting themselves in stronger competitive positions to support clients and win new business as they navigate the uncertain year ahead," said Thomson Reuters analyst Paul Fischer. Magic Circle law firm Allen & Overy is set to give its own purpose-built AI tool, Harvey, to all 3,500 of its lawyers in 43 offices worldwide, which will help automate many aspects of legal work.

2) This PIP Referral Process Helped a Florida Hospital Regain 2.8 Million

Insurance companies often delay or underpay medical claims, leaving providers uncompensated. Ged Lawyers offers a solution that is tenable to many personal injury lawyers in Massachusetts and Florida.

We recently helped a Florida hospital system recover over $2.8 million in underpaid or unpaid PIP claims. Here's how:

After finding out about our service from a local personal injury attorney, the hospital transferred their 10,000 boxes of records to our offsite facility. We then deployed mobile scanner vehicles and audit teams to digitize and organize the paperwork through our proprietary software, Inspire®. Our attorneys issued demand letters and litigated with insurance companies where necessary.

Our system allowed the hospital to recover lost revenue without incurring additional expenses or labor hours. Through years of testing and client feedback, our company has built a reliable PIP processing system built on speed and transparency. Medical providers who use our services receive all recovery benefits while the insurance company pays all attorney fees. Lawyers who refer to our firm build a reliable income stream without increasing expenses or labor hours.

Ged Lawyers Can Help You Unlock More Income for Your Personal Injury Law Firm

Modern law firms constantly seek new revenue streams to improve diversification and reduce financial risk.

In Massachusetts and Florida, personal injury lawyers can generate revenue by helping medical providers resolve personal injury protection (PIP) cases.

Medical providers in Florida often do not receive full payments from auto insurance companies, and battling these companies can be lengthy and resource-intensive, often taking months or even years to resolve. Florida's medical providers require a cost-efficient system that can fight for them.

Here's where Ged Lawyers, comes in. Our team of PIP legal experts solely focuses on helping with claims and related collections.

This guide explains how Florida's no-fault auto insurance laws affect personal injury cases, identifies areas of need and opportunity, and details how law firms can partner with Ged Lawyersto work cost-effectively.

By holding insurance companies accountable to state law requirements, we are strengthening public policy and creating a reliable revenue stream for law firms.

Contact our team today via (561) 924-1838 to learn how we can help you unlock more revenue for your law firm.