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Scott Michael McPherson

Scott McPherson’s Answers

48 total

  • PIP deductible question as well as healthcare question.

    I was involved in an auto accident that was not my fault as the other was ticketed for several infraction's. I have PIP and I have a $1,000 deductible. When will this need to be paid? at the end of treatment? Also I have good healthcare coverage. ...

    Scott’s Answer

    In Florida PIP is primary. Your health insurer won't pay anything until PIP is exhausted, and they'll likely want to see proof of exhausted PIP (PIP log or letter from your insurer). I always provide both PIP and healthcare insurance info to every provider so that they can start billing health insurance once PIP is gone. You also have to send a notification letter to health insurers when recovery from a third party is possible. At time of settlement or verdict you will have to pay your health insurer back an equitable portion of what they paid out (or, possibly more than just a portion if it's an ERISA plan).

    Meet with a personal injury attorney asap so that coverages can be evaluated and procedural steps followed.

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  • I fell at work because there was water on the floor but i did not have on slip resistant shoes i hurt my knee im receiving wc

    I didnot have on slip resistant shoes but i hurt my knee

    Scott’s Answer

    Given that you were in the course and scope of employment, the issue of negligence is typically irrelevant. Whether you were negligent (e.g., if you had improper footwear), or if your employer was negligent (allowing water on floor.....assuming that was negligent for your work environment), does not matter. Your employer is immune from civil liability, which is the trade off for having workers comp benefits when your employer has no fault at all. However, if a third party unrelated to your employer caused the hazard, then that person or entity would not have immunity from a civil suit. You state you are receiving W/C benefits, so obviously a first notice of injury was filed. Using Avvo's search tools, you should contact a personal injury attorney in your area just to make sure that there is not potentially a civil claim against someone other than your employer. Good luck.

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  • Looking for a litigation attorney willing to discuss a personal injury/negligence case for a second opinion/to take over case

    The SOL runs in October of this year. I am looking for a litigation attorney willing to review the file (as it was provided to me by the attorney who has been handling it) and discuss whether or not we should file a complaint (and if so, I would ...

    Scott’s Answer

    October is very soon in terms of the Statute of Limitations. There are several good South Florida attorneys here on AVVO, so you might explore the "Find a Lawyer" tab at the top of this page. You should do so without further delay. When you go in for your free consultation, take all file materials with you.

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  • How can I get my settlement money from my custodian?

    I was in an accident when I was 16, settled when I was 18. The number is 6 digits. My mother and I decided I was too young to be responsible for that amount of money so it went into her account. When I have needed money she has transferred it to m...

    Scott’s Answer

    I had to read your question a couple of times, because at first I thought a guardianship would have been in place (which would have required Court supervision and several safeguards for your benefit). However, you say that although you were a minor at the time of the accident, you were 18 when it settled. Therefore, I assume you just voluntarily turned the money over to your mother to manage it for you.

    This is obviously an ugly scenario, in that few people want to be in an adversarial position with their own mother. Nonetheless, if she misappropriated your settlement funds, then you have the legal right to seek counsel and pursue a claim. I cannot comment on the strength of your claim without knowing more, such as the existence of written proof, etc. You should consult with a qualified attorney in your area so that potential remedies can be explored. At this point, even though the money originated from a personal injury claim, it's probably not something most personal injury attorneys would take. I am thinking more a family law attorney, guardianship attorney, or someone in general practice might be the way to go. Perhaps some of my colleagues here can better point you in the right direction. Best of luck.

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  • Can I sue my dirty builder for serious injury I suffered on my property while home under construction?

    I had a dirty builder, amongst many things(abandoning construction, shoddy work, grand theft. I was walking around my property looking at progress. Subs had left It a complete dump with debris everywhere. I was found unconscious,bloody, mangled a...

    Scott’s Answer

    The answer to your question, based on what you've stated, is "possibly." Most definitely it's worth exploring in more detail. In order to prove negligence, amongst other things, the issue of "foreseeability" comes in to play. Was it foreseeable to the homebuilder that you would be walking around the construction site? Is there language in the builder's contract that you signed that deals with an owner's inspection? Were the hazards that caused your fall "open and obvious?" If the builder or subs left a highly dangerous amount of debris around the construction site, there may be some liability.

    I have a law practice in the Tampa Bay area (New Port Richey) and would be happy to speak with you tomorrow. I would suggest that you do not discuss the facts further on a public forum. If you do not call me, then I would suggest that you consult with another personal injury-negligence attorney in this area as soon as possible. There are a lot of follow-up questions that need to be asked, and an investigation needs to be started to properly advise you.

    Scott McPherson
    (727) 848-8892

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  • Can I sue The Kraft manufacture if my 2 year old son and pregnant wife drank a Capri sun with mold in it?

    My son and wife threw up a couple of times. I took them to the ER and everything checked out fine. I still don't know if its mold but there are black stuff coming out of the drinking whole. Also, the Capri sun drink did not seem tampered with or i...

    Scott’s Answer

    I've handled these types of product liability cases, representing persons with everything from glass to frogs in a beverage. This is one of those occasions where, while you may have a strong case of showing a defective product, the damages may not be sufficient to justify the time and expense of a product liability case. Then again, just based on the fact that you have incurred hospital expenses for two individuals, an attorney may very well find it worthwhile to pursue.

    From experience, I can tell you that if you contact the manufacturer, the first thing they will want you to do is send them the product. DO NOT DO THIS! In fact, do not even phone them. Instead, secure and refrigerate the product, and consult with a personal injury attorney in your area without delay. He or she can ask the questions and obtain the information necessary to determine if this is a case that is advisable to pursue.

    I would not post anymore about this on a public forum, especially since you have given facts specific to the claim.

    Best of luck!

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  • Can I sue the rental car company if the driver of the rental car was involved in a hit and run accident?

    The hit and run driver was driving a rental car and he ran the red light He hit my car and fled the scene. He was later caught and charged with leaving the scene of an accident. Me and the front seat passenger both went to the hospital due to our...

    Scott’s Answer

    It is highly unlikely that you can sue the rental car company itself, unless there is some theory that they were actively negligent, or unless one of their agents was driving the car. However, that does not mean that you do not have a potential remedy to recover your losses. You need to consult with a personal injury attorney as soon as possible, so that a complete investigation can be done on what coverage is potentially available. It is possible that the driver has auto coverage that would cover him in a rental car. It is possible he was not the authorized driver and someone else is at fault. It is possible that he purchased bodily injury coverage through the rental car company. It's also possible he was in the course and scope of employment, and his employer may be liable. (There are more scenarios I could come up with, but you get the idea....there is a lot to look at).

    Consultations with personal injury attorneys are free, so you should find one to speak with ASAP.

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  • If I never get full use of my arm because I hurt myself at work, causing me to get surgery, can I get some kind of settlement ?

    I was pushed down at work from a pallet of ice tea crates. I had to have rotator cuff surgery. It's been 4 months since my surgery, and the doctor has released me, although I know I cant do everything in my job that I did before. I feel I will ...

    Scott’s Answer

    There is no quick answer to your question. Given that you injuries happened in the course and scope of employment, you would have a workers' compensation claim under Fl Stat Chapter 440. You obviously already realize that it's a comp claim, and it is sounds like the comp doctor has released you. The Workers Comp system has changed a great deal over the years, to the detriment of the injured employee. You really need to get into a workers comp attorney to evaluate if you were returned to work too quickly. Settlements do still occur in workers' comp, but given that most of the time the future benefits are paltry.....they are not high settlements. Unlike a civil claim, you do not have a claim for non-economic benefits like pain and suffering. The most valuable part of the claim is future medical care.

    One thing that should be explored is this whole issue of you saying you were "pushed down at work." If your employer pushed you down, then you may have one of the very rare exceptions of getting past workers' comp immunity, which would allow a civil action against an employer.

    I would also be very careful about commenting much about this on a public forum. Best of luck, and please see a workers comp attorney.

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  • What is statute of limitations for premise liability involving a fall in Florida?

    mother was visiting a department of corrections facility and sustained a fall with injuries

    Scott’s Answer

    Quite a bit more information would be needed for anyone to give you a legal opinion. I assume you have arrived at this forum because your mother has suffered an injury and possibly some financial losses, and you want to know the facility's obligation to cover such losses. I would recommend that on something like this the less said on a public forum the better. Furthermore, I would recommend that your mother consult with a qualified personal injury attorney whom is located near the facility. He or she can then get the specific facts involving the fall, and better advise you if there is a potential premises liability or other type of claim that warrants further legal action. Best of luck.

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  • One year old eye injury from Air-soft gun at teen friends home. Is this a homeowners policy issue- too late to pursue?

    8th grade son attended friends birthday party. While there, friends brother came home with air soft gun. Kids at party played with gun- my son was shooting towards the ground, away from other kids and pellet ricocheted off walkway and lodged in ...

    Scott’s Answer

    First, to answer your question, it's not too late to pursue. Florida has a four year statute of limitations period, so you are well within that time frame. This could involve a potential negligent lack of supervision or other cause of action, but requires a lot of follow up questions. I would encourage you to find a personal injury attorney close by (you can look for one on AVVO), and get in for a free consultation. At the consultation, upon hearing more specific facts, the attorney can advise you. Best of luck.

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