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  • Class Actions: Do I Need My Own Lawyer?

    CLASS ACTIONS: DO I NEED MY OWN LAWYER?

    By RUSTY PEREZ, ESQ.

    You cannot watch television, listen to the radio or read a newspaper today without seeing law firms advertising for class action lawsuits. Beware of the trap of being lost in the masses responding to these so-called national law firm advertisements. Retaining a local law firm is an absolute necessity if you are interested in the following representation.

    As a client, I WOULD LIKE TO SPEAK TO MY LAWYER. The reality of joining a class action without local representation is that you will rarely if ever speak to an attorney handling the class action. Generally, the large class action law firms have paralegals and legal secretaries that will call clients to respond to inquiries. If you would like to speak to YOUR lawyer it is a better idea to retain local counsel. Your local attorney will monitor your case and the progress of the class action to respond to the client's questions.

     As a client, I WANT MY PERSONAL INTERESTS PROTECTED. Don't become lost in the masses. A local lawyer who represents YOU will take the time to evaluate your case individually and make sure that you obtain the best result for your individual case. Most class actions have an "OPT-OUT' provision. This means that you may be able to pursue your case individually utilizing information and materials from the class action. Significantly, your case may have a greater value than what you would be paid under a class action settlement. We have all heard about the class action settlements where the lawyers are paid significant fees and the recovery for the individual class members might be a coupon for $25.00 to spend at the defendant's company. DON'T LET THIS HAPPEN TO YOU!   

    As a client, I HAVE TAKEN SOME OF THE ADVERTISED DEFECTIVE DRUGS - SHOULD I JUST CALL ONE OF THESE BIG CLASS ACTION FIRMS? The simple answer is that you have the right to retain any lawyer or firm you desire. However, a local law firm will provide a more personalized screening process for your individual case. If you have taken Actos, for example, you should contact a local attorney immediately that has experience in defective and dangerous drugs. A local attorney will take a careful look at your individual case to determine what course of action is best for you. Remember a personalized resolution for your individual case will generally be better than the mass settlement for all class members. 

    In essence, you do not need your own personal lawyer to be part of a class action and can join the masses being represented by a handful of firms. However, if you have been prescribed and have taken some of the advertised dangerous medications such as Actos you should seek local counsel. You should also consider contacting local counsel if you have taken any anti-depressant medication during pregnancy. Medications such as Paxil and Wellbutrin have been shown to cause a condition known as persistent pulmonary hypertension in newborns.  I mention these potential class actions because they are being heavily advertised at this time.   But  at the end of the day, retaining local counsel for any class action is always BEST!


  • Cruiseship Fun and Safety

    CRUISE SHIP FUN AND SAFETY

    By RUSTY PEREZ, ESQ.

    The season for fun on the High Seas is back!  Many of you have family fun or romantic cruises planned over the next few months. Some of you are going on single's cruises planning the party of a lifetime!  Have FUN ... but keep a few safety precautions in mind.

    PARENTS KEEP AN EYE ON THE KIDS!  You are on a ship in the middle of the ocean, what can possibly happen? Remember there are a few other cruisers on board. And, of course, there are almost as many crew depending on the size of your ship and cruise line. Some ships have a capacity of nearly 5,000 people. Security on the cruise lines is generally not adequate to oversee the activities of thousands of passengers. The crew is generally from other countries and background checks and training are not what passengers would find comforting. Unsuspecting teenagers are particularly susceptible to inappropriate contact from predatory crew and passengers. Check on the kids often and ask plenty of questions regarding with whom they are interacting? especially your teens! Two-way radios are a great way to stay in touch or designated times and locations for check in during the day. Kids' clubs and daycare services are a great option for overworked parents looking for some relaxation. Make sure you meet all the crew that will interact with your children and ask questions about training and background checks. All of the members should be CPR trained. If any are not, that should be a red flag regarding the safety standards of your cruise line.

    DON'T WORRY BE HAPPY!     The cruise lines make most of their money on alcohol sales and excursions. As soon as you board, the music is playing with the steel drums beating tunes that you would normally not listen to on your car stereo. Strangely enough it is the greatest party song you have heard in a while. And then ... the alcohol begins to flow. 

    Bars seem to be around every corner and on almost every deck. You have a little card that you get to use for everything you buy on the ship. Almost feels like those little umbrella covered drinks are sort of free. At least that is the state of mind the cruise line would like its passengers to have. I KNOW? YOU DON'T HAVE TO DRIVE! Have fun and drink up (responsibly)! If you have the misfortune of being injured while you have been drinking don't just assume that it's because maybe you had a few too many. The crew is mostly concerned with serving those drinks particularly around the bars and pool deck area. Generally, the crew does not stop serving the obviously intoxicated. Certainly none of the crew is generally cleaning the deck regularly from the spilled drinks and melting ice. The cruise line has a responsibility to maintain its ships' safety for its passengers. This includes keeping it safe for ALL passengers including those the cruise line encourages to drink. Conversely, the crew has a responsibility to protect passengers from those that have had a little too much to drink.

    Excursions can be a safe and fun way to spend time at ports of call. The cruise lines are responsible to provide safe passage and activities for passengers. The cruise lines generally have you sign a waiver of liability to participate in these activities. However, if you or a loved one is injured during one of these activities you should still contact an attorney. Many times the waivers of liability will not bar a claim if handled by an experienced lawyer. 

    CONTACT THE RIGHT ATTORNEY IMMEDIATELY! A fact little known by passengers and by most attorneys is that the general Statute of Limitation for a personal injury claim, including any kind of assault, may be as little as 1 year. A passenger must also make an official claim with the Cruise Line itself within a very short period of time following return to port in the United States. All of this information is found on your ticket documents. Unfortunately, many passengers fail to meet the short deadlines. 

    FINALLY AND MOST IMPORTANTLY, REMEMBER TO HAVE FUN AND MAKE SURE TO USE PLENTY OF SUNBLOCK!!!

  • New Year's Resolution Number 1: SAFTEY!!!

    NEW YEAR'S RESOLUTION NUMBER 1: SAFTEY!!!

    BY RUSTY PEREZ, ESQ.

    It's that time of the year again.  We are evaluating our lives and future.  This will be the year we turn our lives around to be better, stronger, healthier, happier . . . you get the picture! Our family and friends have listened carefully to our holiday wishes and New Year's resolutions and have showered us with new bicycles, gym memberships, running shoes and all the must have equipment to achieve our goals in 2012. Nothing can stop you now ---- unless of course you have the misfortune of an accident that results in injuries. (Your Will Power and Discipline are rock solid and would never play a role . . . please keep the laughter to a minimum---this is a serious article.) Below are some tips to stay safe while achieving your goals this year.

    Runners and cyclists . . . SEE AND BE SEEN. As cyclists there are a few rules that we must follow. Most of the serious cyclists share the roadways with automobiles.  It is important that you make yourself visible to drivers. This is particularly important when it is dark out. Reflective gear and lighting is of the upmost importance. Riding in groups has its advantages and disadvantages. A group of riders can be more easily seen by motorists. However, a rider in a group is more susceptible to a fall as a result of the inexperience of another rider or your own collision with another cyclist. 

    State law requires that you ride in the same direction as the flow of traffic and obey the same traffic control devices as the driver of an automobile. Make sure you are familiar with local traffic regulations and laws before you set out to break Lance Armstrong's records. (Which we all know you will undoubtedly do.) A few examples include the following. When riding on sidewalks and crosswalks, a cyclist has the same duties and rights as a pedestrian. But a cyclist must yield the right of way to a pedestrian. Significantly, a cyclist may not wear a headset, such as an ipod, because it blocks out audio cues of the traffic. Wear your helmet! (Even if not required). A little road rash will sting but an injury to the head may have life altering repercussions. 

    Runners familiarize yourself with the path you choose to run before going for a full out run. You should understand the peculiar nature of the surface you have chosen and any imperfections that may pose a tripping hazard. Run with a buddy or a group. Do not give a would-be assailant an easy target on a lonely path. Watch for cars and --- dare we say CYCLISTS --- runners and cyclists often share the same paths. Of course, we can't hear one another because we are listening to our new ipods.

    Let's not forget the Gyms.  The Gyms are full of peril. Make sure your familiar with the use of any equipment before sculpting the new you. Many of the other Gym goers tend to leave dumbbells and other equipment on the floor where an unsuspecting member would not expect. Whenever in doubt about what to do, ask a trainer or employee of the gym.

    With all of this in mind it is a great time of the year to review your insurance coverage for Health, Disability, Homeowners and Auto. If you find yourself on the side of the party injured by the negligence of another, you need to make certain you and your family are provided for. Review your policies with your insurance agent or attorney and make sure there are no exclusions that leave you without coverage if  you are injured in the activity of your choice.

    Significantly, never allow anyone but a licensed Florida lawyer to tell you your rights. For example, many people do not know that a Homeowner's policy of insurance provides general liability coverage for negligent acts of the homeowner even if they occur outside of their property. Examples could include negligence during a cycling ride, while jogging, or while working out at the gym that results in injury to you or your loved one. Never assume you have no recourse until you have spoken to a lawyer and never let an insurance company convince you that there is no coverage. 

    Stay safe and the best of luck to all of you on your New Year's Resolutions!

  • Holiday Cheer


    BY: RUSTY PEREZ, ESQ.

    The holidays are upon us once again. This is a festive time for fun and family. Unfortunately, it is also a time when the fast pace and holiday cheer can result in tragedy. Here are some tips to have a safe and happy holiday season.

    NEGLIGENT DRIVERS are on the roads every day of the year. During the holidays we must be particularly careful because there is generally more congestion on the roads and other drivers are preoccupied with shopping, locating parking spaces and calling mom on the cell phone to find out what gift to pick up for Aunt May.

    PROTECT YOURSELF by driving defensively. Assume the other driver is not paying attention. Unfortunately, you must also be prepared for the worst. Auto accidents will occur. Examining your automobile insurance coverage is a great place to start. Do you have Underinsured/Uninsured Motorist Coverage (UM Coverage)? If you don't, you are at great risk of not being able to collect compensation for injuries in the unfortunate event of an accident.

    UM COVERAGE provides insurance coverage for your injuries in the event the at-fault driver has no insurance or has a low amount of coverage on his or her insurance policy. Contact your insurance agent today and make sure you have adequate coverage.

    IF YOU ARE IN AN ACCIDENT don't contact companies that advertise and make promises about what you may be entitled to. Call an attorney directly! Many of these companies or referral services are looking to simply direct you to the care of a physician to charge your personal injury protection insurance. You may have heard commercials advising you to call because you may be entitled to $10,000.00 in benefits. Don't be fooled! The companies in question are referencing benefits that you are entitled to regardless of fault through your own policy or insurance under the Personal Injury Protection coverage.

    DISCLOSE ALL HOUSEHOLD DRIVERS. It is important to make sure you have made the appropriate disclosures to your insurance company about drivers in your household. There are circumstances when we have failed to provide information about a new driver who resides in our home. This failure to disclose that there is a new driver who may be driving the insured automobile, could result in a denial of coverage by your insurance company. In the event that you are at fault in the accident, your insurance company may not pay to repair your automobile and may not pay for the damages to the other vehicle or compensation for the other driver if injured.

    Finally, DO NOT GIVE A STATEMENT to an insurance company before contacting an attorney to protect your rights. The insurance companies have many professionals including investigators, adjusters and attorneys whose sole function is to protect the insurance companies. You deserve to have your rights protected! An attorney who is knowledgeable in the law of personal injury will guide you through the process giving you the best opportunity for success in your case.

    If you have questions, please contact me, Rusty Perez at (954) 509-1900 or visit our firm's website at www.defendingtheinjured.com.

Baker, Zimmerman & Perez - "Defending the Injured" ™

Our Florida trial attorneys represent personal injury, auto accident, motorcycle accidents, personal water craft accidents, premises liability, and defective products clients throughout South Florida and the United States including Parkland, Coral Springs, Coconut Creek, Margate, Deerfield Beach, Light House Point, Boca Raton, Delray Beach, Boynton Beach, Lake Worth, Wellington, Royal Palm Beach, West Palm Beach, and throughout Palm Beach County, Broward County, Miami-Dade County.

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