Settlements/Insurance Companies

Help with Hurricane Claims in SWFL

November 29, 2022 | Associates and Bruce L. Scheiner

As Southwest Florida continues to dig out from the historic aftermath of Hurricane Ian, there are growing concerns and frustration over lengthy waits for hurricane damage claims to be processed by insurance companies.

While the unprecedented scope of loss certainly plays a role, it’s important to note that insurance companies have historically been much better at collecting premiums than paying claims. Most homeowners have received letters stating they are responsible for doing whatever possible to avoid secondary damage, which could include tarping roofs and boarding up broken windows. However, homeowners should not be held responsible for damage caused by lengthy waits for payments from insurance companies to cover obvious losses.

At Associates and Bruce L. Scheiner, Attorneys for the Injured, we have lived and worked for more than half a century right here in Southwest Florida. This is home and we are doing everything possible to assist family, friends, coworkers and our community to rebuild after this devastating story. We have partnered with law firms that focus on property damage claims to help ensure Southwest Floridians get the experienced legal help they need during this trying time. We are here to help devastated homeowners who need assistance with hurricane claims.

Workers’ Compensation Insurer Can Place Lien on Any Third-Party Damages

December 31, 2017 | Associates and Bruce L. Scheiner

When you are injured at work, chances are good you are entitled to workers’ compensation benefits, which will help you stay afloat financially by covering medical bills and at least a portion of lost wages. However, unlike a personal injury lawsuit, you won’t be entitled to collect damages for pain and suffering, mental anguish or loss of life enjoyment. The trade-off is you don’t have to prove your employer was negligent, only that the injury happened in the course and scope of employment.

That said, you may have grounds to seek those other kinds of damages if there was a third party involved who was negligent. Be warned, though, that if you have already collected workers’ compensation benefits for these injuries, you can’t collect any damages twice. So for instance, if your workers’ compensation insurer pays $50,000 in medical bills, you can’t collect that $50,000 from the third-party defendant. But this does not mean the third-party defendant doesn’t have to pay. Instead, it means the insurer that paid those bills can stake a claim (or a lien) to those damages you obtain as a result of a third-party claim.

Disputes regarding these liens can arise occasionally, and an experienced personal injury lawyer in Fort Myers can help you navigate them. Continue reading ›

It’s Only Over When It’s Over

October 31, 2016 | Associates and Bruce L. Scheiner

Written by: PJ Scheiner

Sometimes the hard work of reaching a settlement in a personal injury claim is just the beginning. Before bills can be paid or liens resolved, a mutually acceptable settlement and release agreement has to be negotiated. And, perhaps most importantly, you have to actually receive payment of the settlement funds.

Sometimes intransigent defendants or insurance companies do their best foot-dragging routine to delay payment. So how long do you have to wait to receive payment of settlement funds?

Florida statutes provide a definitive answer – so long as your settlement is with an insurance company. Florida Statute 627.4265 requires that an insurance company tender payment within 20 days of the date of a written settlement agreement or the date of receipt of an executed release of claims by the insurer (depending on whether receipt by the insurance company of the signed release is made a condition precedent to payment of settlement funds). If the insurer does not tender payment within 20 days, the amount due shall bear interest at 12 percent annually from the date of the settlement agreement or the tender of the executed release. The insurance company will then be responsible for paying the full settlement amount plus any interest accrued due to the delay in payment – and interest adds up quickly at a 12% APR (e.g. $1,000 a month on a $100,000 settlement).