|
|
|
|
|
Greetings!
At Taylor, Warren & Weidner, we are dedicated to assisting those who need legal guidance. All of our firm's attorneys began practicing law with the goal of helping people and that vision remains today. With that vision in mind, we are poised to dedicate our knowledge and resources to you through this monthly newsletter.
Sincerely,
Taylor, Warren & Weidner, P.A.
850-438-4899
|
|
|
The Impact of Social Media and Law on Litigation
Could something that you posted on your private Facebook account months ago be used against you in court? What about a file that you have stored on your smartphone? It may surprise you, but in more and more cases, the answer to both questions is yes. Last year, the Florida Supreme Court approved amendments to the Rules of Civil Procedure that accommodated the increased role that Electronically Stored Information (ESI) plays in our modern society.
ESI is stored electronic information that is created and communicated in digital form. This includes "writings, drawings, graphs, charts, photographs, sound recordings,images, and other data or data compilations-stored in any medium from which information can be obtained either directly or, if necessary, after translation by the responding party into a reasonably usable form."
The amendments were initially assumed to be primarily applicable to large, complex corporate litigation matters. However, ESI is playing an increasingly significant role in smaller civil litigation matters including personal injury lawsuits and divorce proceedings as it is changing the way that the discovery portion of a lawsuit is conducted. Discovery is the pretrial phase in a legal matter in which each party can obtain evidence from the opposing party (e.g. through depositions, interrogatories, requests for production of documents, and requests for admissions) and from non-parties through depositions and subpoenas.
Generally, a party can obtain discovery regarding any non-privileged matter that is relevant to any parties' claim or defense, or that is reasonably calculated to lead to the discovery of admissible evidence. The intent of the discovery rules is to allow each side in a dispute, and ultimately the judge or the jury, to have access to all the information that may affect the outcome of the case.
Examples from recent cases in other states may help you understand how ESI is being used in the discovery process and how it may affect you if you find yourself in a lawsuit. For example:
- In a personal injury case in Pennsylvania, a judge ordered that one party provide access to his Facebook page because it had photographic evidence that he continued to ride his motorcycle even though he had made claims that he was too injured to do so.
- In a sexual harassment case in Indiana, the court ruled that even statements or photos that were posted in a private section of social media sites were discoverable where the plaintiffs alleged extreme emotional trauma, including post-traumatic stress disorder.
- A judge in Tennessee went so far as to order the witnesses in a case to "friend" him on Facebook for the sole purpose of allowing him to review photographs and other materials that were relevant to the personal injury claim before him.
As social media has grown in its scope and its influence in our modern society, the law has been forced to evolve. Recent changes allowing social media to be used in litigation proceedings may force companies and people to be more vigilant and responsible about what they post online, even in private forums, as this information may be used against them in a lawsuit.
|
|
 |  |  |
As we have discussed, Florida, like many other states, has only just recently enacted laws regarding the admissibility of electronically stored data (ESI).
The reason why states and the federal government have been compelled to do this is to create a legal means to account for the sheer quantity of
communication and data that is transferred through various social media outlets.
While you may just assume that social media usage is fairly commonplace, the statistical enormity may surprise you. Take the following statistics for example:
On May 1, 2013 Facebook reported that as of the end of March, the social media conglomerate had 1.11 billion people using the site each month.
The video sharing website YouTube.com reports that more than 1 billion unique users visit its website each month watching over 6 billion hours of video. That is almost one hour of video for every human being on planet earth.
Twitter recently reported that it had over 500 million users.
The Chinese social networking site, QZone has over 611 million users.
As these statistics reveal, social media plays an important role in the lives of people throughout the world. The legal system will continue to evolve to address the legal needs that arise as a result.
|
|
|
|
|
 | |
Case Spotlight
ERISA Settlement Reached Because of Selfless Physicians
A construction worker purchased long term disability insurance from his employer as part of his employee benefit package. This was a benefit offered to all employees. He worked in the construction industry for many years and was promoted several times.
Unfortunately as he aged his body broke down and he could no longer perform his construction job. At age 56 he developed arthritis in several of his joints, which not only restricted normal movement of his body but also caused significant pain when he tried to do so. His doctors strongly encouraged him to "Stop working!"
Long term disability insurance is an insurance policy similar to car insurance or homeowner's insurance. The difference is that instead of buying protection for your home or car, you are buying protection for your income earned by gainful employment. The insurance company enters into a contract where they promise to pay a percentage of a worker's income in the event the worker becomes too sick to work. The insurance company promises to replace the employee's income until they get better or until the employee reaches a certain age-usually age 65. In exchange for this promise, the insurance company charges the worker a fair monthly premium. Essentially, so long as the worker continues to pay his or her premiums, the insurance company agrees to replace the worker's income if they can't work for medical reasons.
In this case, the construction worker begrudgingly took the advice of his doctors and filed a claim with his long term disability insurance company. His claim was approved and his insurance company paid him benefits which replaced 60% of his income. The insurance company insisted every year that the worker have his doctors provide proof that he was still disabled. They insisted on this proof despite the doctors repeatedly telling the insurance company that their patient's condition will not get better and will most likely get worse.
Two years after receiving benefits, the insurance company informed the worker that he was no longer disabled. The worker was confused because his doctors filled out the same forms and continued to explain how work could be dangerous to the worker's health. The insurance company acknowledged the construction worker's doctor's opinions with one twist. The insurance company explained that the definition of "disabled" changed. The new definition made the test for disability much more stringent. Under the new definition, the construction worker was not disabled.
In some long term disability polices, the definition of "disabled" becomes more stringent after a few years-it is just some of the fine print often workers do not know about. Initially, a worker must have a medical condition that prevents the worker from performing his own occupation. However, after a period of time, the worker must also be too sick to be able to perform any job which they are qualified to perform. Whether that job actually exists and is available does not matter.
For the construction worker in this case, the insurance company told him that he could work at a desk job. At this time, the construction worker was 58 years old and had never worked a desk job in his life-he loved being outside and working with his hands. Now he was being told by his insurance company that he could train to become an administrative assistant at age 58. The insurance company told him despite his severe arthritis and chronic pain, he was no longer disabled. The implication of this news was that his income which went from 60% of what he was making will now be 0% because of the definition of a single word "disability."
The construction worker and his wife were referred to Taylor, Warren & Weidner, P.A. for help with their disability claim. They hired attorney Keith Weidner to help protect the clear and present threat to their income and livelihood. Without this income, they would have lost their home.
After obtaining a copy of the insurance company's claim file materials, the insurance law team at Taylor, Warren & Weidner, PA quickly discovered major flaws in the insurance company's determination to deny the claim. Attorney Keith Weidner asked the worker's treating doctors if they would be willing to discuss their patient's care and treatment. To the doctors, this was just one of several hundred patients who they have come to know only through brief office encounters. They had no particular reason to get involved in their patient's legal issues.
The doctor's agreed to meet with Mr. Weidner. They were asked to clarify ambiguities in their opinions created by misleading and ambiguous questions in the forms provided to them by the insurance company. They were both very informative and knowledgeable about their patient's condition. They agreed to write a supplemental report accurately describing their patient's conditions and limitations.
Taylor, Warren & Weidner was able to obtain a complete and accurate picture of the construction worker's medical condition by taking the time to meet with the worker's doctors. The doctors described what activity their patient could safely perform without harm. An expert who is trained in finding employment for people with physical limitations was hired by Taylor, Warren & Weidner. This expert concluded that based on the limitations provided by the worker's doctors, the construction worker was not able to perform his past occupation. Additionally, because of the severity of the limitations described by the doctors, the construction worker was not able to perform any job at all.
Keith Weidner presented this supplemental evidence to the insurance company. It was just a matter of time before the insurance company relented. Ultimately, the insurance company and the construction worker reached a sizeable confidential settlement. According to Mr. Weidner, he credits the worker's treating physicians who took the time out of their busy schedule to listen and help a patient who was clearly disabled. "This case would have been a lost cause," without the help of two doctors who had no reason to get involved in their patient's legal affairs other than because they cared about their patient. This is one of the reasons why Taylor, Warren & Weidner practices law in the Northwest Florida area, because the area is full of professionals who care.
|
| |
Professional Excellence
Awards/Accolades
Less than 14% of all US attorneys are Martindale-Hubell AV preeminent rated. Taylor, Warren & Weidner is proud to announce its second preeminent rated lawyer Keith Weidner. Mr. Weidner recently received an AV rating of 5.0 out of 5.0 in the areas of personal injury, litigation and Insurance law. Thank you to the lawyers and judges who took the time to provide a peer review and congratulations to Mr. Keith Weidner.
|
| |
Attorney Elizabeth Webb donated supplies to the Ronald McDonald house located in Pensacola, Florida. The Ronald McDonald House program provides a "home-away-from-home" for families so they can stay close by their hospitalized child at little or no cost. This is a very worthy cause. For more information on how you can help with this organization click here.
Stephanie Taylor volunteers her time as the Vice President of the First City Art Center (FCA). The FCA is a non-profit with the goal of providing the Pensacola community an opportunity to participate in the creative process through a "working" art center. Through a broad range of studio classes, workshops and outreach programs, it serves over 1,000 adults and children each year. For a list of upcoming workshops for September, click here.
 Keith Weidner volunteers with the Gulf Coast Kid's House (GCKH) and serves as a member of their board of directors. The GCKH is another worthy non-profit dedicated to preventing and treating the victims of child abuse. The GCKH is a featured charity in the 2013 Panhandle Charitable Open which will be held September 27 and 28 at the Marcus Point Gulf Club. The Panhandle Charitable Open is an amazing event with a "best ball" styled golf tournament, a raffle, and a silent auction. This event has consistently raised substantial sums of money for multiple non-profits including the GCKH. To learn more how you can get involved while benefiting the GCKH and other non-profits follow this link.
|
| |
Team Member Spotlight
Kent Stoltz
 This month we would like to recognize Florida Registered Paralegal, Kent Stoltz. Mr. Stoltz is a Navy Veteran with 23 years of active duty service. He finished his Naval career at the rank of Senior Chief Petty Officer. While in the Navy, Mr. Stoltz actively managed 154 personnel. His last duty station was Corry Field here in Pensacola. Mr. Stoltz elected to remain in this area because, as he states, after traveling the world this is the area he liked best.
Mr. Stoltz began his legal career in 1997 at which time he was handling personal injury and maritime claims based out of Florida, Alabama, Mississippi and Louisiana. In 1999, Mr. Stoltz joined the Law Firm of McKenzie & Taylor, P.A. where he handled cases involving mass torts, personal injury, medical malpractice, and disability claims.
Kent Stoltz helped establish Taylor, Warren & Weidner, PA in 2006. Since the inception of this firm, Mr. Stoltz has been a key player in this firm's success. Mr. Stoltz is widely regarded as Stephanie Taylor's right hand man. He has also proven himself to be an excellent source for technical civil procedure issues and nuances involving ERISA claim. Mr. Stoltz's hobbies include equestrian riding, travel, and spending time with his wife and grandchildren.
|
| |
|
About Taylor, Warren & Weidner, P.A.
 From an office in Pensacola, Florida, Taylor, Warren & Weidner, P.A. ("TWW") represents individuals throughout Escambia County, Santa Rosa County and the surrounding areas. As a firm focused on helping people, we offer personalized legal services and effective client advocacy. Our firm offers legal counsel to people at times when they need it most. At TWW we have a firm culture of placing the interests of our clients first and serving those interests with professional, ethical and zealous advocacy. Preparation, devotion and resolve is the trademark of our successful firm. We are proud of our record and tradition of excellence. The firm's careful preparation and experience ensures that each case will be clearly developed and persuasively presented to achieve the most optimal level of success. At TWW we use cutting edge technology and innovative methods to develop and present our clients' cases. The lawyers and staff at Taylor, Warren & Weidner have been privileged to represent thousands of clients in resolving their legal problems. We take great pride in knowing our cases have helped victims recover from life changing events. We are proud of the fact that our advocacy has benefited our clients and changed the way insurance companies treat everyday people for the better. Our cases help improve the way products are manufactured, roads and buildings are designed and constructed, and how health care is provided. At TWW, we speak for the victims of those who have been injured by the negligence of others, treated unfairly by the powerful, and who are in need of justice. Taylor, Warren & Weidner, P.A. began with the simple vision of creating an unparalleled team of legal professionals to deliver the best results possible to clients. Our dedication to our clients has allowed us to successfully fulfill our vision and experience immediate growth. Today, TWW maintains the same results-oriented vision. The dedication to our clients continues to drive our success. While we have expanded our staff and services, we have never lost sight of the reason for our success. We hope you will give us the opportunity to show you why our clients trust us to deliver the best results possible.
|
| |
|
|
|
|
|
|
|
