Steven C. Simon
For more than 20 years, West Palm Beach personal injury attorney Steven C. Simon has built a strong reputation in the area of personal injury litigation, wrongful death cases, insurance disputes, and social security disability claims. His success is not by chance. At the beginning of his legal career, Mr. Simon routinely represented insurance companies in an attempt to defeat personal injury and professional malpractice claims. This experience exposed Mr. Simon to various strategies used by insurance companies to deny claims which has proven to be invaluable when representing injured individuals.
Since 2001, Mr. Simon has exclusively represented individuals and their families who have been injured and who have suffered losses due to the negligence of others. Mr. Simon is not only committed to providing the most professional legal services to each of his clients, but also develops a personal relationship by committing to meet and communicate with each client on a regular basis so that the most advantageous strategy can be developed for each case. He views his practice as providing personalized services one would find in a smaller law firm, but with the benefits of being part of a large firm with financial resources and professional and supportive staff. “My goal is to always provide uncompromising and aggressive representation so that our clients receive full compensation for their injuries. I understand that, large or small, each claim deserves the highest quality representation. It’s their life that I am entrusted with and I take that responsibility very seriously,” Mr. Simon stated.
Mr. Simon is a fourth generation Florida native, having spent most of his life in Palm Beach County, where his family moved in the early 1900s. In 2006, Mr. Simon moved to the Treasure Coast where he undertook the responsibility of managing the firm’s Port St. Lucie office. Mr. Simon, his wife and their three teenagers have embraced the Treasure Coast by volunteering through various agencies and serving those in need. Over the years, Mr. Simon has been a frequent guest on a local Hispanic radio show, which has proved beneficial to his efforts of serving all people, especially the Hispanic community. He serves a board member of CASTLE, an organization dedicated to child abuse prevention Florida. Mr. Simon also spends his time with the United Way of Martin County in Stuart as a member of Leaders United. Additionally, by residing on the Treasure Coast, he has developed a network of medical and rehabilitation professionals and experts, which provides a benefit to his clients.
Mr. Simon is proud of earning Martindale-Hubbell’s highest rating, AV Preeminent®, for legal ethics and ability. The Martindale-Hubbell Peer Review Ratings system is based on the confidential opinions of other lawyers and judges. Additionally, Mr. Simon is a member of the Million Dollar Advocates Forum, which is limited to trial lawyers who have demonstrated exceptional skill, experience, and excellence in advocacy in obtaining a recovery of one million dollars or more.
The attorneys at Rosenthal, Levy, Simon & Ryles are asked questions on a daily basis. We want to share a few of them with you. If you have a legal question you would like answered, email us today at firstname.lastname@example.org.
- ‘Comparable fault’ law entitles you to some medical coverage.
Question: I had a car accident which was partly my fault, but the accident report only says that I was responsible. I was taken to the hospital by ambulance before the office could question me about the accident. I am now being treated by a chiropractor. Last week my insurance sent to the their doctor to be examined, and today I was told they won’t pay for any more of my medical bills. I really need more medical treatment, but I can’t afford to pay for it myself. Would it make a difference if I fight the police report?
Answer: I’m sorry to hear about your car accident. Trying to handle these problems on your own is probably causing even more stress. This is a good question with multiple issues that need to be explained:
- Florida laws follow the legal concept of “comparative fault,” meaning, if you were 40% at fault, and the other driver was 60% at fault, you’d be entitled to recover 60% of your total damages from the other driver. (Damages may include loss of earnings, past and future medical expenses as well as pain and suffering). Periodically we do see accident reports that are incorrect. It is unlikely the police officer’s report will be shown to a jury, or that he will be qualified to give his opinion as to who was at fault under Florida’s rules of evidence. Nonetheless, if you believe the police did not obtain the facts accurately, you should immediately hire a competent and reputable personal injury attorney to assist you in establishing the evidence to prove you’re not 100% at fault for this accident. An experienced attorney will attempt to find witnesses and get photographs, along with further accident investigation and analysis.
- Regardless of who is at fault in a car accident each person must submit his medical bills to his own insurance company. People commonly purchase $10,000 of PIP coverage. After the deductible has been met, your PIP coverage in Florida pays 80% of your medical bills and/or 60% of lost wages up to $10,000. In many cases, insurance companies look for ways to avoid paying out the entire $10,000 in benefits by limiting the medical treatment. As they did with you, they may require an “independent medical examination” (IME) to determine whether you are really injured and/or if further treatment is needed. Now that you have had the IME, your insurance company has apparently decided you are not in need of future care, regardless of what your own treating doctor recommends. Therefore, you must either fight the company to have your medical bills paid up to the limits of $10,000, or you will need to start paying your doctor out of your own pocket.
I urge you to speak to a personal injury attorney about these issues. Without assistance, you may lose the rights and benefits you need even if you are entitled to them.
- Little damage to vehicles doesn’t mean you didn’t sustain major bodily injuries
Question: I was at a stop light when a car slammed into me from behind. Although the crash sounded like a bomb exploding, there was very little damage showing on either car. I’ve always been in pretty good shape, but now I have horrible headaches and pain in my back and neck. I’ve never had that before. The other driver’s insurance company indicated that they aren’t convinced that my injuries came from this accident because there is so little damage to the cars. The doctor says that I will need treatment for a long time. Can I fight this and win?
Answer: Yes, you can. Insurance companies will use whatever arguments they can to avoid paying injury claims. Showing evidence that there’s little damage to the cars might help them convince a jury that the injuries were not due to the crash. Even if you’ve never had neck or back pain before, they will try to persuade the jury your problems pre-existed the accident.
Their attempts to shift the blame are one reason to retain an experienced personal injury attorney to fight for you. We’ll show that your neck and back pain are related to the accident – often by having your doctors testify that the accident was the cause of your injuries. There are other valuable resources that we can use to establish that your injuries were caused by the accident.
Once we’ve established “causation,” you will be entitled to your past and future medical bills, lost wages, loss of earning capacity (future earnings), and pain and suffering. But you can be sure that the insurance company will look for ways to defeat you at every turn. If you attempt to handle this process without the assistance of an aggressive, experienced and qualified personal injury attorney, it will be challenging to obtain a fair and just recovery for what you have suffered.
- Daughters eligible for state benefits after mom’s wrongful death
Question: About six months ago my sister was seriously injured when her car was struck by a semi-trailer truck that ran a light. After a month in the hospital, she passed away. She has two teenage daughters who need financial support. My family and I would like to talk to someone about a lawsuit, but we don’t know where to start.
Answer: I am truly sorry to hear about your sister’s death and the family’s situation. Since her children are under the age of 25 and were dependent upon their mother, they are eligible to recover specific damages under Florida’s Wrongful Death Act, including Loss of Support and Services from date of injury to date of death, and loss of parental companionship, instruction, and guidance and mental pain and suffering from the date of injury.
Under the Act, a wrongful death case can only be brought by the personal representative of your sister’s estate – the personal representative is usually a spouse, parent or close relative unless otherwise designated in a will. The personal representative will also have the ability to recover on behalf of the estate the loss of earnings of your sister, loss of prospective net accumulations and medical and funeral expenses. It is important to note that there is a two-year statute of limitation for a wrongful death case in Florida. Thus, any lawsuit relating to this accident must be filed no later than two years from the date of the car accident or it may be dismissed by a judge.
Pursuing a wrongful death claim can be difficult due to the strict compliance to time deadlines and requirements for opening estates. Because this is a difficult time for your family, you may want to seek the help of a reputable attorney, who can assist you through this process.