Michael Frank Hancock's Answers

Caught defense spying in PI case

Insurance companies routinely hire private investigators to to perform surveillance on personal injury claimants. It is legal for them to do so. You have nothing to worry about as long as you are truthful in the statements you make to your doctors and to insurance company representatives regarding what you can and cannot do as a reult of your injuries. I will tell you that the insurance company either believes your fiance's claim has substantial value, and they are trying to find something...

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Please help. My usband was involved in a loss in which a gas tanker dumped hundreds of gallons of fuel on the road. Several

In denying liability, It sounds like the gas tanker's insurance carrier is playing hardball. In Florida, a jury determines the liability of a party, after being presented with all the facts, not an insurance adjuster. It has been my experience that filing a lawsuit against the driver and probably the company that owned the gas tanker, is the way to move forward. In Florida, such negligence lawsuits must be filed with the proper jurisdiction within 4 years from the date of the accident -...

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I am a per se and I have an Order of Default entered againstme for lateness. Does this mean I have lost the case?

Even if you do nothing, and the Court enters a Default Judgment, the Plaintiff still has to prove his damages, and you will be able to defend that portion of the case. The Plaintiff still has the burden of proof on every element of his damages.

How to handle Plaintiff's Motion for Discovery Sanctions? Help please.

Here is what you can expect during the hearing. The Judge will ask you and the Plaintiff's attorney to identify yourselves. The Judge will then ask the Plaintiff's attorney to proceed on his Motion, which simply means that the Plaintiff's attorney will explain why it was necessary to file the Motion. The Judge should then ask you if you have a response, and if I were you, I would tell the Judge that you apologize for failing to answer the discovery, but you didn't understand how to answer....

At-fault rear-end collision.Both parties insured with same co. My policy limits only 10k. Other driver has UM.

The first thing you should do is retain an attorney, as was suggested in the letter you received. The letter you received is fairly standard in cases where the other person's injury claim may exceed your policy limits. There are two possible scenarios. The first is where the plaintiff's attorney has made a demand to settle the claim within your policy limits, and your insurance company has refused to pay an amount within your limits to settle the claim. In that case, what you do is hire an...

Car Accident claims

The insurance company has twenty days to provide you with the settlement check. If you haven't received it within that time, and you still want to settle for the agreed upon amount, I suggest sending a letter to the adjuster advising that you will file a complaint with the Insurance Commissioner if you don't receive the check within five days.

Personal Injury-Medicare-SSDI-Florida

If you received a settlement from the at fault patie's insurance company that is large enough to pay off student loans and pay for handicap upgrades to your home, I can only assume that you sustained significant injuries in an accident, and that you incurred medical treatment as a result of the accident. You cannot avoid the necessity to repay Medicare and Medicaid by trying to cliam that the settlement did not include any amount for medical bills.

I got bitten many times by bed bugs at a ramada hotel in Pine Bluff, Arkansas on Sunday night, 1/31/10.

I am currently representing a couple in Florida who had a similar experience. I anticipate that you will be contacted by an insurance adjuster representing the hotel. Bed bugs have become a problem for hotels over the last few years. Even so, you will still have to prove that the hotel management was somehow negligent before being able to recover damages. My experience is that the insurance adjusters will offer you an amount of money that will do nothing more than insult you. You will also...

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My oil delivery man drove on my lawn, got stuck and had to be towed out. It caused damage to lawn, Is he responsible to fix

The first thing you should do is review your contract with the oil company. Look for language that might limit their liability for this type of damage. If there is no such language, if the damage to your yard was caused by an employee of the oil company while that employee was acting in the course and scope of his employment, and the damage was caused by his negligence, then the company is legally responsible for the damage. Sometimes, however, the easiest way to get your problem taken care...

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