LAWYER MONTHLY©2025 Universal Media Limited Lawyer Monthly is published by Universal Media Limited and is available on general subscription. Readership and circulation information can be found at: www.lawyer-monthly.com. The views expressed in the articles within Lawyer Monthly are the contributors’ own. All rights reserved. Material contained within this publication is not to be reproduced in whole or in part without prior permission. Permission may only be given in written form by the management board of Universal Media Limited. Approx. 302,000 net digital distribution. Marie Schoeb Your Champion for Justice in Personal Injury & Property Law Jesse Weinstein, Phillips & Associates Why Whistleblowers Speak Out 12 8 DECEMBER 2025 In this month’s edition of Lawyer Monthly, we bring forward a powerful collection of stories, insights, and expert perspectives that reflect the evolving landscape of law, accountability, and advocacy across the United States. We open with our front-cover feature, 'Why Whistleblowers Speak Out' where Jesse Weinstein of Phillips & Associates examines the forces that push employees to come forward, the legal shields designed to protect them, and the cultural shift unfolding inside workplaces nationwide. His analysis is both timely and urgent, adding clarity to an issue increasingly at the centre of public debate. We also spotlight Marie Schoeb of Busciglio Sheridan & Schoeb, whose career spans criminal prosecution, personal injury, and property law. Her interview offers a compelling look at what it means to fight for clients with compassion, strategy, and unwavering commitment; a reminder of the human side of legal practice. In our Expert Insight section, industry leaders share guidance rooted in decades of experience. HGSK attorney Jared M. Teich breaks down the complexities of Pennsylvania auto insurance and accident claims, helping drivers understand their rights and responsibilities long before a crisis strikes. Laurie Webb Daniel of Webb Daniel Friedlander LLP takes us inside the world of appellate advocacy, revealing how cases are won long after the final gavel falls. Our Special Features dive deep into the challenges many clients face every day and the legal expertise required to navigate them. From why a skilled attorney is essential in complex divorce proceedings, to the common mistakes that can jeopardise telematics evidence in car accident litigation, to the most persistent myths employers hold about employment law, these articles provide clarity, caution, and practical insight. Whether you’re a practitioner, a student, or someone seeking a deeper understanding of the law’s real-world impact, we hope this issue informs, inspires, and sharpens your perspective on the work that moves justice forward. Happy reading! Warm regards, Mark Palmer Editor, Lawyer Monthly
Production Team: Emma Tansey, Luke Ostle production@lawyer-monthly.com Sales Enquires: Jacob Mallinder Jacob.mallinder@universalmedia365.com @lawyermonthly @LawyerMonthly @lawyermonthly company/lawyer-monthly Universal Media Limited, Watling Court Orbital Plaza, Watling Street, Birmingham, WS11 0DQ, UK 0044 (0) 1543 255 537 CONTENTS AN INTERVIEW WITH... 8. Jesse Weinstein, Phillips & Associates Why Whistleblowers Speak Out: New York Labor Law §740 (NYLL §740), Retaliation Protections, And The Napheesa Collier Moment 12. Marie Schoeb, Busciglio Sheridan & Schoeb Your Champion for Justice in Personal Injury & Property Law 4. Sen. Jim Justice Agrees to Repay $5M in Unpaid Federal Taxes After DOJ Lawsuit 5. Judge Rejects $425 Million Capital One Settlement 6. UK to Enforce Mandatory Electronic Travel Authorisation in 2026 7. Petrofac Layoffs Raise Legal Questions Over Termination Pay and Worker Rights 18. Jared M. Teich, HGSK Protecting Pennsylvania Drivers: HGSK Attorneys Explain How to Navigate Auto Insurance and Accident Claims 24. Laurie Webb Daniel, Webb Daniel Friedlander LLP Appellate Advocacy: How Appellate Lawyers Win Cases After the Verdict SPECIAL FEATURES 28. Why You Need a Divorce Lawyer To Assist With a Complex Divorce 30. Car Accident Litigation: 5 Mistakes to Avoid With Vehicle Telematics Evidence 32. Top 10 Employment Law Myths Held By Employers - NEWS - EXPERT INSIGHT Top 10 Employment Law Myths Held By Employers Why You Need a Divorce Lawyer To Assist With a Complex Divorce 32 28
4 LAWYER MONTHLY DECEMBER 2025 According to the DOJ’s civil complaint, the IRS issued multiple notices and demands for payment over several years, but the assessments remained unresolved. The DOJ filed its lawsuit to formally enforce the debt, outlining the steps tax authorities took to secure payment before turning to litigation. Hours later, the Justices agreed to settle for $5,164,739.75, plus interest and statutory additions. The senator’s representatives declined to comment. The case underscores how federal tax enforcement operates when longstanding assessments are unpaid. Under U.S. law, a tax assessment becomes a legally enforceable debt once the IRS issues notice and demand. When individuals fail to pay, the IRS may pursue administrative collection and, if unsuccessful, refer the matter to the DOJ for a court-ordered judgment confirming the debt. Because the case involves a sitting senator, it also raises questions about public accountability, financial disclosure obligations and the scrutiny applied to elected officials with unresolved liabilities. However, the legal analysis focuses primarily on the validity of the tax assessments, not the individual’s political role. Tax-enforcement systems emphasise equal treatment under the law, transparent recovery processes and responsible governance of public funds. Organisations such as the OECD and United Nations promote similar principles, highlighting the importance of consistent enforcement regardless of status. Next, a judge will review the settlement to ensure it complies with statutory requirements. If approved, the IRS will administer payments, apply interest and update records. Judicial oversight ensures the settlement reflects the underlying debt and that enforcement procedures have been followed correctly. Sen. Jim Justice Agrees to Repay $5M in Unpaid Federal Taxes After DOJ Lawsuit Sen. Jim Justice of West Virginia and his wife, Cathy Justice, have agreed to repay more than $5 million in long-outstanding federal income taxes following a lawsuit filed by the U.S. Justice Department on behalf of the IRS. The settlement concerns liabilities dating back to 2009 and must receive judicial approval before it takes effect. NEWS Read the full news story at: www.lawyer-monthly.com
NEWS 5 offered payout. The settlement would have compensated well under 10% of the interest customers should have earned. 2. Capital One Had Not Fixed the Core Problem The court noted that millions of customers were still in the lower-yield account, showing that structural issues remained unaddressed even as the settlement was being approved. 3. Settlement Notices Were Misleading Judge Novak said key notices appeared confusing, unclear, or promotional, including an email titled “Earn a higher APY with a new account today,” which read like marketing rather than disclosure of a financial harm. The judge found this especially concerning for a case about inadequate customer communication. 4. Unprecedented Pushback From State Authorities Eighteen state attorneys general The lawsuit alleged that Capital One paid dramatically lower interest rates on its long-standing 360 Savings accounts while offering far higher returns on its nearly identical 360 Performance Savings product. Plaintiffs argued that Capital One did not clearly notify customers of the rate disparity, leading millions to miss out on years of interest. Judge David Novak of the Eastern District of Virginia outlined several critical failures in the deal: 1. Compensation Was Far Too Low Evidence suggested customer losses were many times higher than the objected to the settlement — an unusually high number signalling deep concern over fairness, compensation, and clarity. 5. Most Customers Still Earning Lower Rates Court filings showed that threequarters of affected customers remained in the inferior account even recently, reinforcing the judge’s view that the settlement did not adequately address ongoing harm. What Happens Now Both sides must return to negotiations and present a revised settlement that properly reflects customer losses, corrects disclosure issues, and satisfies the fairness standards required under federal class-action law. If no improved agreement emerges, the case is scheduled for trial in July 2026. Judge Rejects $425 Million Capital One Settlement Read the full news story at: www.lawyer-monthly.com NEWS A federal judge has rejected the proposed $425 million settlement in the Capital One interest-rate lawsuit, ruling that the agreement was unfair, inadequate, and failed to address the underlying issues at the heart of the case. The decision halts the approval process and sends both sides back to renegotiate a new deal.
6 LAWYER MONTHLY DECEMBER 2025 travel. Carriers already face penalties for transporting passengers without proper immigration permission, and the ETA adds a further compliance obligation. Applications are typically processed through the UK ETA app, with most decisions issued automatically. Legal and Regulatory Implications Under UK immigration law, anyone entering the country must hold valid permission unless exempt. The ETA requirement formalises this principle for non-visa nationals and raises several legal considerations. Courts typically examine whether immigration measures are applied lawfully, proportionately and consistently. Questions may arise around refusals, delays or technical errors, including what remedies exist for travellers affected by system issues. Because the ETA system requires the processing of personal and biometric data, UK GDPR standards apply. Regulators may assess how data is stored, how long it is retained and whether the system offers sufficient transparency. International frameworks, including ICAO travel standards and UN human-rights principles, permit states to regulate entry provided measures remain necessary and nondiscriminatory. The Equality Act 2010 also requires that digital-only systems do not create unjustified barriers for travellers with limited digital access or disabilities. Operational and PublicInterest Considerations For carriers, enforcement means integrating ETA checks into existing Advance Passenger Information systems. While an ETA allows travel, it does not guarantee entry; Border Force officers will continue to make final decisions on arrival. The shift may affect travellers who book last-minute trips or are unfamiliar with digital systems. Authorities are expected to expand public-information campaigns and release further operational guidance before the 2026 deadline. Conclusion The introduction of mandatory ETAs marks a major change in the UK’s border and immigration framework. While intended to strengthen security and modernise entry processes, the system also raises important questions about accessibility, data protection and consistent enforcement as the UK moves toward a fully digital border. The requirement applies to non-visa nationals who previously entered the UK without advance permission, including visitors from the United States, Canada, Australia, New Zealand and EU member states. British and Irish citizens remain exempt, as do individuals travelling on valid visas or holding established eVisa status. The Home Office reports that more than 13.3 million ETAs have been issued during the initial phase. From the enforcement date, airlines and other carriers will be legally required to verify that passengers hold a valid ETA or eVisa before allowing UK to Enforce Mandatory Electronic Travel Authorisation in 2026 The UK Government has confirmed that from 25 February 2026, travellers from 85 non-visa countries will be required to obtain an Electronic Travel Authorisation (ETA) before boarding transport to the UK. The change completes the staged rollout of the ETA system, which has operated since 2023 but has not previously been fully enforced. NEWS
NEWS 7 settlements must include wages, accrued leave and end-of-service benefits, with notice-period obligations either worked or compensated. In restructuring cases, authorities also assess whether employers followed proper procedures and issued settlements within required timeframes. The uncertainty surrounding Petrofac’s settlement process raises questions about whether statutory requirements Employees expected their full settlement to be processed with their final salary but were informed that additional components—including notice pay, gratuity and unused-leave encashments—would follow separately. Petrofac has not issued a public statement, and attempts by reporters to obtain comment were unsuccessful. Legal and Compliance Context Under UAE Labour Law, final are being met and if termination procedures were handled in accordance with contractual and legal standards. Public-Interest and WorkerRights Considerations International labour principles, including those of the International Labour Organization, stress fair treatment and predictable end-ofservice compensation. For expatriate workers, delayed or unclear payments can significantly affect financial stability, especially where housing costs, family obligations and visa requirements are involved. Clear communication during organisational changes is considered essential in UAE employment practice to help workers understand their rights and plan accordingly. What Happens Next The next step is the issuance of Petrofac’s statement of account. Employees can then compare their listed entitlements against their contracts and UAE labour provisions. If discrepancies remain, they may file a complaint with the Ministry of Human Resources and Emiratisation (MoHRE), which mediates disputes and may refer unresolved cases to the labour courts. Petrofac Layoffs Raise Legal Questions Over Termination Pay and Worker Rights Read the full news story at: www.lawyer-monthly.com Former Petrofac employees laid off on 19 November 2025 say they were paid only for the 19 days worked that month, while key end-of-service benefits and notice-period entitlements remain unclear. Workers report they were told a formal statement of account would be issued within 14 days of termination but say no written clarification has yet been provided. NEWS
8 LAWYER MONTHLY DECEMBER 2025 Why Whistleblowers Speak Out New York Labor Law §740 (NYLL §740), Retaliation Protections, And The Napheesa Collier Moment The Spirit of NYLL 740: Protecting the Voice That Speaks Up For decades, NYLL 740 was a relatively narrow law. It primarily shielded healthcare workers or employees exposing public-health dangers. That changed dramatically with the 2022 amendments, which expanded protections to all employees, former employees, and independent contractors who, in good faith, report or object to employer conduct they reasonably believe violates a law or poses a danger to the public. The law no longer requires proof that an employer’s act actually breaks the law, only that the employee reasonably believed it did. It also widened the scope of “retaliation” to include threats, demotions, blacklisting, or damage to future employment prospects. In other words, whistleblowers in New York now have broader legal armor than ever before. At its core, NYLL 740 reflects a policy choice: society benefits when workers can speak out about wrongdoing without fear. It acknowledges that silence often stems from fear of reprisal, and that protection against retaliation is what allows integrity to thrive inside institutions, from hospitals to hedge funds to the entertainment industry, and, yes, sports leagues. When Minnesota Lynx star Napheesa Collier stood at the microphone during a recent post-game press conference and called out WNBA commissioner, Cathy Engelbert, she wasn’t just voicing frustration over referees. She was putting leadership, and accountability, on notice. Collier’s statement directly addressed Engelbert with numerous player concerns, including game officiating, player safety, and gender pay disparity. Collier’s remarks, delivered in front of cameras and echoed across social media, instantly transcended sports headlines. However, the sentiments also touched on the same core legal and ethical principles that sit at the heart of New York Labor Law § 740 (NYLL 740), New York’s strengthened whistleblower protection statute. Though Collier’s dispute arose in professional sports rather than corporate America, her decision to publicly call out leadership mirrored the kind of protected activity that New York employees, human resources departments, and compliance officers all navigate in the workplace every day. Contact PHILLIPS & ASSOCIATES 45 Broadway, 28th Floor, New York, NY 10006 Request Your Consultation: Tel: (866) 229-9441 newyorkcitydiscriminationlawyer.com With Jesse Weinstein, Phillips & Associates
WWW.LAWYER-MONTHLY.COM 9 Collier’s remarks, delivered in front of cameras and echoed across social media, instantly transcended sports headlines.
When leadership appears defensive rather than receptive, it invites both public backlash and legal scrutiny. 10 LAWYER MONTHLY DECEMBER 2025 Collier’s Press Conference and the Legal Parallels When Collier used her platform to criticize WNBA leadership, she exercised the same type of “protected voice” that NYLL 740 seeks to safeguard in workplaces across New York. She identified what she viewed as systemic failures: officiating inconsistencies, disregard for player safety, and leadership dismissiveness. Her statement was not reckless; it was deliberate and grounded in advocacy for accountability and reform. In the private sector, that act of speaking up could trigger NYLL 740’s protection against retaliation. If an employer were to bench, fine, or isolate an employee for raising similar concerns, a court could view that as retaliatory conduct. The WNBA episode underscores how easily leadership missteps, minimizing or mocking valid complaints, can escalate into public crises and potential legal exposure. Leadership, Accountability, and the Cost of Dismissal From a legal standpoint, retaliation claims often hinge less on the complaint itself and more on how leadership responds to it. Employers who dismiss, ridicule, or retaliate against employees for raising issues risk not only liability under NYLL 740 but also long-term reputational harm. The WNBA’s reaction to Collier’s criticism has already become a case study in public perception management. Commissioner Engelbert’s attempt to dispute Collier’s account, rather than address the substance of the concerns, fueled a narrative that player voices were being ignored. The fallout serves as a cautionary tale for all employers: when leadership appears defensive rather than receptive, it invites both public backlash and legal scrutiny. In the context of NYLL 740, employers in New York are required to post whistleblower rights conspicuously, train managers on non-retaliation, and maintain internal mechanisms for safe reporting. But compliance alone is not enough. The best defense to a whistleblower claim is a culture of trust, one where concerns are acknowledged, investigated, and resolved without hostility. Lessons for Employers and Employment Lawyers The parallels between Collier’s advocacy and workplace whistleblowing are striking. Her public platform magnified the same tension lawyers see every day between corporate image and employee integrity. For employment lawyers counseling businesses, the message is clear: build systems that make internal reporting meaningful. Encourage leadership to listen before reacting. Document legitimate reasons for discipline to avoid the appearance of retaliation. And remember that even threats of adverse action, under the amended NYLL 740 statute, can trigger liability.
WWW.LAWYER-MONTHLY.COM 11 The law now protects not just those who prove misconduct, but also those who reasonably believe they witnessed it. For employees, the takeaway is equally important. The law now protects not just those who “prove” misconduct, but also those who reasonably believe they witnessed it. That protection extends to former employees and independent contractors, acknowledging that integrity doesn’t end when a paycheck does. Beyond the Courtroom: The Cultural Shift Napheesa Collier’s courage to confront the WNBA commissioner in public was not an act of rebellion, it was an act of responsibility. She reminded the world that accountability is not optional for leadership, whether in a basketball league or a Fortune 500 boardroom. NYLL 740 embodies the same ethos: that speaking up should not come at the price of one’s career. In New York’s evolving legal landscape, whistleblower protections are no longer niche, they are mainstream. And as Collier’s press conference proves, when those in power ignore valid concerns, the conversation will find its way to the public arena, where reputations, not just lawsuits, are on the line. For employment counsel, the key lesson is this: Listen. Document. Respond. And don’t assume that high-profile employees speaking out can be ignored without risk. Jesse Weinstein is a Partner at the law firm of Phillips & Associates, PLLC. newyorkcitydiscriminationlawyer.com
Marie Schoeb An Interview With Your Champion for Justice in Personal Injury & Property Law What Are the Most Common Causes of Personal Injury Claims in Florida — and How Does Negligence Factor In? Marie Schoeb: Your Champion for Justice in Personal Injury & Property Law. Licensed to practice in all Florida State Courts and the U.S. District Court for the Middle District of Florida, Marie Schoeb began her legal career as a Prosecutor in Florida’s Sixth Judicial Circuit, where she quickly rose to Lead Trial Attorney, handling everything from DUIs to firstdegree murder cases. Today, Marie is a formidable advocate in both criminal and civil litigation, focusing on personal injury, first-party property claims, and criminal/traffic defense. Her courtroom victories against major insurance carriers have earned her recognition as a Super Lawyers Rising Star, one of Tampa Bay Magazine’s Top Attorneys, and a Top 10 Attorney by NAOPIA. Beyond her legal achievements, Marie is a skilled negotiator, devoted mother and spouse, and fluent in English, Spanish, and Italian. She brings compassion and tenacity to every case — a true champion for justice in Florida’s legal arena. Licensed to practice in all Florida State Courts and the U.S. District Court for the Middle District of Florida, Marie Schoeb began her legal career as a Prosecutor in Florida’s Sixth Judicial Circuit, where she quickly rose to Lead Trial Attorney, handling everything from DUIs to first-degree murder cases. Today, Marie is a formidable advocate in both criminal and civil litigation, focusing on personal injury, firstparty property claims, and criminal/traffic defense. Her courtroom victories against major insurance carriers have earned her recognition as a Super Lawyers Rising Star, one of Tampa Bay Magazine’s Top Attorneys, and a Top 10 Attorney by NAOPIA. Beyond her legal achievements, Marie is a skilled negotiator, devoted mother and spouse, and fluent in English, Spanish, and Italian. She brings compassion and tenacity to every case — a true champion for justice in Florida’s legal arena. 12 LAWYER MONTHLY DECEMBER 2025 www.mytampafirm.com
What Are the Most Common Causes of Personal Injury Claims in Florida — and How Does Negligence Factor In? The umbrella of “personal injury” law is home to many different sub-categories. At the most basic level, personal injury cases most commonly arise from the negligence of one party that resulted in injuries and other related damages to the other party. Negligence is broken down into four elements: duty, breach, causation, and damages. For example, in a car accident, if the at-fault party runs a red light and T-bones another vehicle that had the right-of-way, the victim of that accident would need to prove: 1) that the at-fault driver had a duty to drive their vehicle in a reasonably safe manner, 2) the at-fault driver breached that duty by failing to pay attention and drive in a reasonably safe manner, 3) the at-fault driver’s breach of that duty caused the injuries and other related damage to the victim, 4) what those damages are (injuries, past lost wages, past and future pain and suffering, loss of future earning capacity, etc…). Car accidents and premises liability cases remain the two most common sources of personal injury claims in Florida. WWW.LAWYER-MONTHLY.COM 13
Car accidents and premises liability (including slip-and-falls, and other similar cases with injuries caused by an unsafe condition on the premises of an individual or entity) are of the two most common types of personal injury cases. Other types of cases that commonly arise under the personal injury umbrella in Florida are wrongful death, medical malpractice, dog bites, and nursing home negligence. How Do Florida’s NoFault Car Insurance Laws Work — and What Does PIP Coverage Actually Cover? You may have heard that Florida is a “No-Fault State”, but what does that really mean? In Florida, the No-Fault laws were enacted in relation to car accident cases to relieve some of the burden on all parties involved immediately following the accident. The idea was, in part, that they did not want people injured in a car accident to avoid seeking medical treatment for their injuries while they waited for insurance companies to make liability determinations. Instead, Florida’s NoFault laws require Florida drivers to carry at least $10,000.00 in Personal Injury Protection (PIP) coverage. This means, that regardless of who is determined to be at-fault, under the most common PIP policies, PIP will generally provide coverage of up to 80% of the medical bills submitted to them, up to the policy limits of $10,000.00, depending on the injuries and diagnoses. Under some PIP policies, the individual may also recover up to 60% of lost wages submitted to the insurance company, but it would typically all come from the same $10,000.00 PIP coverage. In order to trigger PIP coverage, it is important that the injured person is treated within 14 days of the accident. Failure to treat within the first 14 days of the accident would likely result in the insurance company denying PIP coverage. and nursing home negligence, must be filed within two years from the date of loss. Failing to file a lawsuit prior to the expiration of the statute of limitations applicable to your case will likely result in you losing the ability to recover anything in your case. How Is Personal Injury Compensation Calculated in Florida — and What Damages Can You Recover? In Florida, there are various ways a person can be compensated in a personal injury case. Common areas of recovery, both non-economic damages as well as economic damages, including but not limited to: past and future medical expenses, past and future pain and suffering, past lost wages, loss of future earning capacity, damages related to mental anguish, out-of-pocket expenses and loss of enjoyment of life. Using a non-fatal car accident for example, insurance companies evaluating the claim will take a look at liability issues, medical treatment, diagnoses, past medical expenses, lost wages, future What Is the Statute of Limitations for Personal Injury Claims in Florida After the 2023 Tort Reform Law? Prior to Florida’s New Tort Reform Law that went into effect on March 24, 2023, the statute of limitations for basic negligence cases, such as car accidents and premises liability cases (not involving death), was four years from the date of loss. That means the lawsuit must be filed within four years from the date of the accident. For car accidents and premises liability cases that occurred prior to March 24, 2023, the four-year statute of limitations still applies, however the other changes in the Tort Reform Law, other than the shortening of the statute of limitations, will affect those cases that occurred prior to March 24, 2023, but were filed after March 24, 2023. Accidents and premises liability cases, like slip-and-falls, that occurred after March 24, 2023, must be filed within two years from the date of loss under Florida’s New Tort Reform Law. Generally speaking, many of the other areas that fall under the umbrella of personal injury, like wrongful death, medical malpractice 14 LAWYER MONTHLY DECEMBER 2025
treatment recommendations, proof of mental anguish, out-of-pocket expenses, and a proposed calculation for pain and suffering, among other things, in their determination of how to value the case. An experienced personal injury attorney knows what documents are needed and what arguments need to be made to maximize and support the valuation of their client’s claim. Most personal injury attorneys can be retained with a signature on a contingency fee agreement. This means that you will not owe your attorney fees and costs unless they win with either a settlement agreement or at trial. In most personal injury cases, the attorney will be owed a percentage of the settlement proceeds for attorney’s fees, plus costs incurred in pursuing the claim. How Do You Prove a Personal Injury Claim in Florida — and What Evidence Do You Need? Personal Injury claims can be proven in a variety of ways. Testimony of the parties, witnesses, and experts; medical records; medical bills; lost wage documentation and testimony; photographs, videos, phone records, etc. Prior to filing the lawsuit, proving up the claim relies heavily on the documented evidence, whereas after a lawsuit is filed is where more testimonial evidence is presented. However, in a case like a medical malpractice case, for example, experts must be retained at the beginning of the claim to properly put the other party on notice of the claim under Florida law. Being well-versed in the rules of evidence to assure that the proper foundation is laid to allow the evidence to be admissible is critical. What Should You Do in the First 48 Hours After a Personal Injury in Florida? In a Florida Personal Injury claim, your health is of the utmost importance. Seeking medical attention as early as possible is important. If you are able, it will be very helpful to your claim to gather information at the scene of the incident like names of witnesses, insurance and contact information from the other party, photographs and/or videos, taking notes on statements that are made and who made them, making a list of providers that you are seeking medical treatment with, and calling police to the location of the car accident, and while it is not required to retain an attorney in a personal injury claim, having their experience on your side, fighting on your behalf, especially with no upfront fees or costs, may give you some peace of mind and ensure you are exhausting all avenues to maximize the value of your claim. What Is Florida’s Comparative Negligence Rule — and How Did the 2023 Tort Reform Law Change It? The comparative negligence rule in Florida has undergone some major WWW.LAWYER-MONTHLY.COM 15 Florida’s No-Fault laws ensure injured people can get medical treatment immediately, without waiting for insurance companies to decide who was at fault.
changes under Florida’s New Tort Reform Law, that went into effect on March 24, 2023. Regardless of the date of loss, if the lawsuit for a claim was filed after March 24, 2023, it could be subject to the new law depending on what type of claim it is. The comparative negligence rule means that the Plaintiff’s damages could be decreased if they are found to have contributed to their damages by their own negligence. Prior to Florida’s New Tort Reform Law, Florida followed the pure comparative fault doctrine. That is, even if a Plaintiff was mostly at-fault for their injuries, the damages awarded to them would be reduced proportionally based on the percentage of fault assigned to the Plaintiff. Since Florida’s New Tort Reform Law, Florida now follows a “modified comparative negligence” system. This means that if the Plaintiff is found to be more than 50% at fault for the car accident, for example, then they will not be able to recover any damages against the Defendant. What Are the Most Important Changes Under Florida’s 2023 Tort Reform Law Affecting Personal Injury Cases? On March 24, 2023, Florida’s New Tort Reform Law went into effect and made significant changes to the existing laws that applied to many different types of personal injury claims. We will not discuss each and every change in this article, but just highlight a few of the most significant changes. Some of these changes have been explained in greater detail in some of the other areas of this article, but here are some of the more significant changes under Florida’s New Tort Reform Law: First is the change from pure comparative negligence to modified comparative negligence standard. That means prior to this new law going into effect, Plaintiffs were able to recover for damages against the other party, even if they contributed to their injuries with their own negligence, under the old law, for example, if damages were found to be $100,000.00, but the Plaintiff was found to be 60% atfault, they would recover $40,000.00 (the total damages reduced proportionately by Plaintiff’s assigned fault percentage). Under the new law, if the Plaintiff in that same example was found to be 60% at fault, they would not be able to recover anything. This has been applied to almost all negligence cases except for medical malpractice cases. Second, prior to the passing of Florida’s New Tort Reform Law, a Plaintiff had four years from the date of loss in standard, non-fatal negligence cases. The new law has shortened that from four years to two years. If a car accident occurred prior to March 24, 2023, that case would still have the 4-year pre-tort reform statute of limitations, but other tort reform changes, such as the modified comparative negligence standard, would still apply to those cases if the lawsuit was filed after March 24, 2023. Third, the admissibility of how a Plaintiff can present evidence the amount of their medical bills was significantly changed under Florida’s New Tort Reform Law. Prior to the new law, Plaintiffs were allowed to present the full amount of charged medical expenses to a jury. Since the new law was passed, Plaintiff’s are limited in what amounts they can present for their past and future medical expenses. Specifically, if the Plaintiff has 16 LAWYER MONTHLY DECEMBER 2025
could affect your ability to sue them if not properly followed. Under Florida Statute, there are strict pre-suit notice requirements that must be complied with, and a waiting period of up to 6 months from that pre-suit notice. Important considerations should be contemplated when deciding to pursue an action for standard negligence and wrongful death in cases against the state entity. Most notably, there are statutory damage caps of $200,000 for a single state entity, or $300,000 for multiple state entities. This means that even if the jury awards $500,000, for example, in a car accident case where a law enforcement officer was negligent and caused injuries or death to the Plaintiff, the award would be reduced to the statutory amount allowable for that cause of action. For further details, please reference Florida Statute 768.28. What Types of Personal Injury Cases Do Florida Lawyers Commonly Handle? I have handled various types of personal injury claims, including accidents involving vehicles, pedestrians, motorcycles, semi-trucks, commercial vehicles, and ATVs; wrongful death claims; medical malpractice; nursing home negligence; dog bites, and premises liability claims with various types of dangerous conditions on the premises resulting in injury and/or death. What Qualities Make a Great Personal Injury Lawyer in Florida? Compassion, diligence, experience, patience, and availability are what I would say lays the framework for a great personal injury lawyer in Florida. It is important that a personal injury attorney gives realistic expectations about the potential issues that may arise and takes the time to explain the process to their clients. It is important to be compassionate and understanding of what the client is going through. Even if the case may not be worth millions of dollars, it is still overwhelming and life-altering for their client. Taking the time to explain things and educate clients on how these cases work and addressing the strengths and weaknesses of each claim will allow the client to confidently make an informed decision on how to proceed, with their lawyer on the front lines diligently fighting to maximize the value of their claim. No client should ever feel that they are just a number; they should feel valued and know that their case is being taken seriously by the attorney they have trusted with their case. A great personal injury attorney will make themselves available to answer their client’s questions and walk them through the process. With 3 convenient locations in Tampa Heights, South Tampa and Brandon, we are ready to meet you where you need. Give us a call today: 813.225.2695 health insurance, regardless of whether their treating doctor used that, they would only be able to present evidence of the amount the insurance coverage would be obligated to pay the provider plus the plaintiff's portion of the medical expenses. If the Plaintiff does not have health insurance or has Medicaid or Medicare, they would only be able to present 120% of the Medicare reimbursement rate in effect on the date the Plaintiff incurred the medical services, or if there is no applicable Medicare rate, they would only be able to present 170% of the applicable state Medicaid rate, regardless of what they actually owe the provider. For evidence of future medical expenses, under the new law, Plaintiffs can only present what their insurance coverage would provide plus their portion of the medical expenses under their insurance coverage contract. For those that don’t have insurance or carry Medicaid or Medicare, they would only be able to present 120% of the Medicare reimbursement rate at the time of trial or 170% of the applicable state Medicaid rate to support the amount of future medical expenses, regardless of what a particular provider would actually charge or accept. There were other notable changes introduced by Florida’s New Tort Reform Law that we encourage you to look into related to changes in Plaintiffs' rights in bad faith actions against insurance companies, significant changes in what juries can consider in negligent security cases, and changes in the awarding of attorney's fees and calculations of the same. Can You Sue the Government for Negligence in Florida — and What Are the Limits Under State Law? The short answer is yes, but there are many specific prerequisites that WWW.LAWYER-MONTHLY.COM 17 www.mytampafirm.com
Protecting Pennsylvania Drivers: Expert Insights HGSK Attorneys Explain How to Navigate Auto Insurance and Accident Claims Limited Tort or Full Tort: What Should Pennsylvania Drivers Pick and Why? When reviewing your auto insurance policy, one of the most important—and often misunderstood—choices you’ll make is whether to select full tort or limited tort coverage. This decision can have a major impact if you or a loved one is ever injured in a crash. With limited tort coverage, you agree to give up your right to recover for pain and suffering unless you suffer a “serious injury,” such as a permanent disfigurement or a serious impairment of a bodily function. You can still recover economic losses like medical bills or lost wages, but not for the very real physical and emotional harm caused by another driver’s negligence—except in limited circumstances, such as when the atfault driver was DUI or the vehicle was registered outside Pennsylvania. Full tort coverage, on the other hand, gives you full protection. It allows you to pursue both economic and noneconomic damages, regardless of how severe your injuries may appear. Importantly, your tort selection generally applies to everyone covered under your When it comes to car insurance and crash recovery, few topics cause more confusion—or carry higher stakes—than Pennsylvania’s tort options, insurance deadlines, and post-accident procedures. To help drivers understand how these laws really work, Lawyer Monthly spoke with Jared M. Teich, Partner at Haggerty, Goldberg, Schleifer & Kupersmith, P.C. (HGSK), who co-authored these insights with Shareholder Jeffrey Stanton. Together, they break down some of the most common—and most critical—questions Pennsylvania drivers face after a crash, from choosing the right coverage and handling medical bills to protecting your rights when insurers or government entities are involved. Below, Teich and Stanton share practical, plainEnglish answers that every Pennsylvania motorist should know before—and after—a collision. 18 LAWYER MONTHLY DECEMBER 2025 www.arielgroup.com
policy—including your spouse, children, and other resident relatives—and it also impacts your uninsured/underinsured motorist (UM/UIM) benefits. While full tort coverage usually costs a bit more, it offers far greater peace of mind and ensures you and your family retain the right to be fully compensated if tragedy strikes. At HGSK Injury Lawyers, we handle both full and limited tort claims and are here to help our clients understand their rights every step of the way. First 72 Hours After a Crash: What Actually Protects My Rights? The hours immediately following a car crash are critical. What you do—or don’t do—can make all the difference in protecting your rights. First, call the police and make sure a report is filed. A formal police report documents how the crash occurred and identifies the at-fault driver, which is essential for any insurance or legal claim. Next, gather evidence at the scene. Take photos or videos of the vehicles, WWW.LAWYER-MONTHLY.COM 19 Jared Teich - Partner at Haggerty, Goldberg, Schleifer & Kupersmith, P.C.
the surrounding area, skid marks, road conditions, and any visible injuries. If you notice nearby businesses or homes with cameras, make a note—surveillance footage can be invaluable in proving fault. Seek medical attention immediately, even if you think your injuries are minor. Go to a hospital, urgent care center, or your primary care physician. Early documentation of your injuries connects them to the crash and helps prevent insurance companies from arguing that your pain “came later.” The sooner you act within those first 72 hours, the stronger your claim will be. At HGSK Injury Lawyers, we help clients must pay your medical bills—regardless of who caused the accident. If you don’t have your own policy (for example, as a passenger), the PIP coverage of the vehicle you were in applies. When PIP coverage is exhausted, your health insurance usually becomes responsible for the remaining medical costs. However, many health insurers seek reimbursement or “subrogation” from your settlement—essentially asking to be repaid for bills they covered. Importantly, Pennsylvania’s Motor Vehicle Financial Responsibility Law contains an anti-subrogation provision that prevents certain health insurers from asserting a lien against your recovery. Whether a specific insurer has that right—and the scope or amount of the lien—depends on the type of health insurance plan as well as the language of the plan itself, which can be legally complex. At HGSK Injury Lawyers, we analyze plan language, challenge improper liens, and negotiate reductions so our clients keep as much of their settlement as possible. Understanding how PIP, health insurance, and liens interact is key to protecting your recovery—and your financial future. Uninsured/Underinsured Drivers: How Do UM/UIM and ‘Stacking’ Actually Help Me? Uninsured motorist (UM) coverage is vital if you’re injured by a driver who has no insurance or in a hit-and-run crash. In those cases, your own UM coverage may be the only source of recovery for your injuries. Equally important is underinsured motorist (UIM) coverage, which applies when the at-fault driver’s insurance limits are too low to fully compensate you. In Pennsylvania, the minimum required liability coverage is only $15,000 per person, an amount that rarely comes close to fully compensating an accident victim. If you or a loved one suffers injuries in a car crash, UIM coverage preserve evidence, document injuries, and protect their rights from day one. Medical Bills, PIP, and Liens: How Do I Keep This from Ruining My Finances? After a crash, medical bills can pile up quickly—but understanding how Pennsylvania’s insurance laws work can help protect your finances. Every Pennsylvania auto policy includes at least $5,000.00 in first-party medical benefits, commonly called Personal Injury Protection or “PIP.” Once you complete a PIP application, your own auto insurer 20 LAWYER MONTHLY DECEMBER 2025 Jeffrey K Stanton - Haggerty, Goldberg, Schleifer & Kupersmith, P.C.
ensures additional protection beyond the other driver’s policy. Pennsylvania also allows for stacking, a powerful option that increases your UM/ UIM protection when you have more than one vehicle or policy. With intrapolicy stacking, you multiply the UM/UIM limits on a single policy by the number of vehicles insured under it. For example, if your policy lists three cars with $100,000 of UM/UIM per vehicle, stacking gives you $300,000 in total protection. You can also have inter-policy stacking, which lets you combine UM/UIM coverage across multiple separate policies—for instance, if you insure different vehicles or household members under different policies. In short, UM/UIM coverage and stacking provide critical protection when other drivers are uninsured or underinsured. At HGSK Injury Lawyers, we help clients understand their coverage, identify potential stacking options, and make sure they—and their families—are fully protected before and after a crash. Bad Faith vs. Hard Bargaining: How Can I Tell If My Insurer Is Acting Unfairly? Insurance companies are supposed to protect you—but too often, profit comes first. They make money by collecting premiums, not by paying claims, and sometimes use delay, denial, or underpayment tactics to protect their bottom line. When this happens, Pennsylvania law gives you powerful tools to fight back. Under 42 Pa.C.S.A. § 8371, if an insurer acts in bad faith, courts can award punitive damages, interest, attorney’s fees, and court costs. The Pennsylvania Supreme Court’s decision in Rancosky v. Washington National Insurance Co. defines bad faith as when (1) the WWW.LAWYER-MONTHLY.COM 21 The first 72 hours after a crash are critical. What you do, or don’t do, can make all the difference in protecting your rights.
insurer lacks a reasonable basis to deny benefits, and (2) it knows—or recklessly disregards—that lack of reason. Bad faith can take many forms: refusing to investigate a claim properly, ignoring evidence favorable to the insured, unreasonably delaying payments, misrepresenting policy terms, or offering unreasonably low settlements. It’s more than just “hard bargaining”—it’s a failure to act honestly, fairly, and in good faith. At HGSK Injury Lawyers, we have decades of experience holding insurers accountable when they cross the line from tough negotiation into unlawful conduct. Our Insurance Coverage Team has successfully handled complex coverage disputes and recovered badfaith damages for policyholders across Pennsylvania. If you believe your insurer is treating you unfairly, contact HGSK Injury Lawyers for a free evaluation. We’ll review your claim, explain your rights, and help you pursue the compensation—and fairness—you deserve. Road Hazards and Government Vehicles: Do I Have a Case Against a Public Entity? Yes — you may have a case, but claims against government entities are subject to special rules and strict deadlines. In Pennsylvania, if your injury was caused by a government vehicle or a roadway defect, you must give the public entity written notice of your claim within six months of the accident. Failing to do so can bar your claim entirely, even if it’s otherwise valid. Government agencies are generally protected from lawsuits under the Sovereign Immunity Act (for state entities) or the Political Subdivision Tort Claims Act (for local entities). However, there are several important exceptions that allow injured people to pursue compensation. These include cases involving the operation of government vehicles, dangerous road or sidewalk conditions, or negligent maintenance of traffic controls, among others. These claims can be complex—public entities have unique defenses, shorter time limits, and caps on damages. That’s why it’s critical to consult an experienced attorney as soon as possible. At HGSK Injury Lawyers, we understand the nuances of government liability and will carefully evaluate whether your case meets one of the legal exceptions. We’ll help ensure all notices are filed on time and fight to hold the responsible entity accountable. Will I Still Have a Case If I’m Partly at Fault? Yes — in many cases, you still can. Pennsylvania follows a rule called comparative negligence, which means you can recover compensation for your injuries as long as you are not more than 50% at fault for the accident. In practical terms, this means that even if you share some responsibility—say, you were speeding slightly, but the other driver ran a red light—you can still pursue a claim. However, your total recovery will be reduced by your percentage of fault. For example, if a jury finds you 20% responsible and awards $100,000 in damages, your recovery would be $80,000. Insurance companies often try to exaggerate a claimant’s share of fault to reduce payouts, so it’s important to have UM/UIM coverage and stacking can be the difference between being fully protected and being left with nothing when the atfault driver doesn’t have enough insurance. 22 LAWYER MONTHLY DECEMBER 2025
experienced legal counsel protecting your interests. At HGSK Injury Lawyers, we know how to investigate accidents, gather evidence, and push back against unfair blame-shifting tactics. Even if you think you may be partly at fault, don’t assume you have no case—you may still be entitled to significant compensation. Deadlines, Fees, and Timelines: What Should I Realistically Expect? In Pennsylvania, the law gives you two years from the date of an automobile accident to either settle your claim or file a lawsuit. This is called the statute of limitations, and missing that deadline can bar your right to recover entirely. The overall timeline of your case often depends on the length and nature of your medical treatment. The attorneys at HGSK Injury Lawyers don’t rush to settle while you’re still healing—we want to be sure every injury, medical bill, and future treatment need is fully documented and included in your claim. If your case does not resolve within two years, our firm will file a lawsuit to preserve your rights. Once in litigation, cases can sometimes take additional time depending on the court’s schedule, discovery, and the insurance company’s willingness to negotiate. Throughout this process, HGSK’s attorneys work tirelessly to keep your case moving forward and to maximize your recovery. As for fees, HGSK Injury Lawyers works on a contingency-fee basis—meaning you pay nothing unless we recover money for you. Our fee comes as a percentage of the settlement or verdict, so our success is directly tied to yours. From start to finish, our goal is simple: to handle the legal burden so you can focus on healing. Jeffrey K. Stanton, Esq. Attorney Jeff Stanton provides valuable knowledge and guidance to individuals injured by the negligence and carelessness of others. As an experienced personal injury litigator, Mr. Stanton is adept at handling all aspects of a personal injury claim—from the initial investigation through trial. His hands-on approach is aimed at delivering real results for clients. As a partner in the firm and a member of HGSK’s Insurance Coverage Team, Mr. Stanton’s practice involves personal injury litigation, complex insurance coverage disputes, uninsured/underinsured motorist claims, bad faith litigation, and appellate cases. He has been recognized as a Pennsylvania Super Lawyer, Rising Star, an honor bestowed on no more than 2.5% of lawyers in Pennsylvania. Prior to joining Haggerty, Goldberg, Schleifer & Kupersmith, P.C., Mr. Stanton served as an attorney for the Governor’s Office of General Counsel, representing and advising the Pennsylvania Department of Transportation. He also clerked for the Honorable Chad F. Kenney in the Delaware County Court of Common Pleas. While completing his J.D. at Drexel University (cum laude, 2011), Mr. Stanton served as an Executive Member of the Moot Court Board and Teaching Assistant in the Trial Advocacy Program. He earned the Cozen O’Connor Best Moot Court Competition Brief Award and the Highest Classroom Achievement Award in Pennsylvania Practice. He holds a B.A. in Psychology (2007) from Pennsylvania State University, where he was a member of Psi Chi, the National Honor Society in Psychology. Mr. Stanton is licensed to practice in Pennsylvania and New Jersey. He serves on the Board of Governors of the Pennsylvania Association for Justice, is a Member of the Philadelphia Trial Lawyers Association, and formerly sat on the Editorial Board of Young Lawyer, a supplement to The Legal Intelligencer (2013–2020). Jared M. Teich, Esq. Attorney Jared Teich is an experienced trial lawyer who represents individuals injured in motor vehicle accidents, premises liability, and medical malpractice cases throughout Pennsylvania and New Jersey. Before joining Haggerty, Goldberg, Schleifer & Kupersmith, P.C., Mr. Teich spent six years defending physicians, nurses, hospitals, and health systems in medical malpractice claims. He now uses that experience to benefit injured plaintiffs, providing strategic insight and an insider’s understanding of how the defense operates. Attorney Teich is known for his attention to detail and his commitment to guiding clients through every step of the litigation process toward a successful outcome. About the Attorneys WWW.LAWYER-MONTHLY.COM 23
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