That’s why, in an injury lawsuit, to some extent, we have to project into the future–not just estimating what your future medical expenses or needs may be, but also, calculating how much or to what extent, you will lose wages in the future.

Making Predictions

Future lost wages can be tough to calculate, because we have to predict the future. We need to ask and answer question such as

• Will the effect of injuries prevent you from working until a normal retirement age, and if so, how many years will you lose?
• Will the effect of your injuries prevent you from advancing in your career, and if so, what will the financial effects of that loss be?
• Will you need to be out of work for periods of time for medical treatment and if so, how much wages or money will you potentially lose?

These can often be unknowable questions–even without any injuries, most of us have no idea whether we’ll get promotions or how long we’ll be working or how much we’ll be making, 10, 20, or 30 years into the future.

It gets even more difficult, when we’re combining these predictions with medicine–specifically, what the medical effects of your injuries will be during those time periods.

Nature of Your Work

Of course, the nature of your specific line of work can affect the analysis as well.

Someone in a more physically demanding job, like construction, may be more at risk for future lost wages after an accident, than a more sedentary job. Some jobs, like teaching, may be more physically demanding than you might think. Of course, that’s with physical injuries–if you have a brain or cognitive injury, it may not matter what work you are in, as mental and cognitive injuries affect anybody in any job about the same.

Basis for Calculations

A jury can’t just speculate on what your future lost wages are or may be. There needs to be some concrete formula or evidence, which the jury can base its verdict on.

You also need to take into account opportunistic disease or illness–these are breakdowns in your body that are indirectly caused by the injuries sustained in your accident, but which may not show until years later. For example, if you need future surgeries, surgeries come at the risk of infections. Many other injuries carry an increased risk of early onset of arthritis.

Getting Experts

All of this means  that you may need to get not just medical, but also vocational experts, to testify what someone in your field can expect to make or what promotions may be available to you and at what salary, and then calculate the losses you can expect to have.

Questions about compensation for your injuries after an accident? Schedule a consultation today to discuss it with our Tampa personal injury attorneys at Barbas, Nunez, Sanders, Butler & Hovsepian.

That’s a major reason to have liability insurance–not just to compensate victims that might be injured, but also, to provide you with an attorney in the event that you are sued.

Denying the Loss is Covered

But often, insurance denies that they have any obligation to insure their insured client (the person or entity that you are suing for compensation for your injuries). That often happens because of exclusions–items in an insurance policy that are specifically excluded from coverage.

If the insurance company doesn’t provide coverage for a loss, then they also would have no obligation to provide an attorney to represent their insured, being sued for an accident that, according to them, isn’t covered under the policy anyway.

Reservation of Rights

Sometimes, the insurance will still provide an attorney to represent their client or insured in court, under what is known as a reservation of rights. A reservation of rights says “we don’t think we cover or insure this loss, but in case we do, we are providing an attorney for our insured anyway.”

Legally, so long as the complaint against the insured party states a claim that would be covered by the policy, the insurance company must provide an attorney to their insured–that’s called the duty to defend.

While the injury case is going on, under the reservation of rights, the insurance company is doing two things that are seemingly opposite: representing their insured against you, the victim, as if there is insurance coverage, but also (often in a separate lawsuit), fighting against their own insured, arguing that the loss or damages are not covered damages under the insurance policy.

What About Actually Paying?

Even if the injury victim wins in court, that doesn’t mean that the insurer for the Defendant has to pay–if they continue to feel that the loss is not covered under the policy, they can wait to pay until there is a determination in court that there is insurance coverage for the loss.

In other words–just because the insurance company hires a lawyer and defends the insured doesn’t mean that any judgment or settlement that is reached will be paid.

Why This Matters to Victims

You may wonder why you should care about any of this, if you are the injured party suing–it’s the Defendant that needs its insurance company to defend and pay, not you, right?

Well, in practice, an insurance company that covers a loss means that if you do win or settle your case, you can be pretty certain that you will be paid. Without it, you may be left to chase people or businesses without assets, to collect on your judgement or settlement.

Questions about the role of insurance in your case? Schedule a consultation with our Tampa personal injury lawyers at Barbas, Nunez, Sanders, Butler & Hovsepian today to discuss it after your accident or injury.

From her earliest days with the firm, Alexis has been focused on building meaningful client relationships and delivering thoughtful, strategic representation.

Rooted in Tampa, Driven to Serve

Born and raised in the Tampa Bay area, Alexis always knew she wanted to return home to build her legal career. She earned her Bachelor’s degree in Sociology, graduating magna cum laude from the University of Florida, before obtaining her Juris Doctor from Stetson University College of Law.

Alexis began her journey with our firm five years ago as a legal intern, initially assisting with workers’ compensation cases, particularly for Spanish-speaking clients. Spanish is her first language, and that ability quickly became an invaluable asset to both the firm and the community we serve.

Her early hands-on experience allowed her to work directly with clients and gain practical insight into complex legal matters from the very beginning. Today, her primary practice areas include:

• Workers’ Compensation
• Social Security Disability
• Labor and Employment Law

She continues to expand her practice while collaborating closely with senior attorneys, ensuring every client benefits from both personalized attention and the depth of experience our firm offers.

A Collaborative, Client-First Philosophy

Alexis is especially passionate about representing individuals who have been injured on the job, denied disability benefits, or experienced workplace harassment or wrongful termination.

Her approach centers on honest, direct communication. She does not believe in sugarcoating outcomes or making unrealistic promises. Instead, she believes clients deserve transparency from day one.

One analogy she frequently shares with clients is simple:

“This is your case. You drive the car.”

As the attorney, she provides the roadmap. She explains the risks, outlines the available options, and helps clients understand the potential consequences of each choice. If a client wants to take a path she would not recommend, her role is to guide them carefully and keep the case moving in the strongest possible direction.

This mindset creates a true partnership. It’s not attorney versus client. It’s “us versus them.” Together, they work toward the best possible outcome.

The Power of Speaking the Same Language

For many workers’ compensation and employment law clients, navigating the legal system can feel overwhelming, especially when English is not their first language. Alexis understands this firsthand.

She believes it is critical for injured workers and employees facing discrimination or harassment to have someone who speaks their language and understands their background. Clear communication builds trust, reduces misunderstandings, and empowers clients to make informed decisions about their case.

Alexis maintains an open-door policy. While she sets healthy boundaries, she encourages clients to reach out with questions or concerns. That accessibility helps ease anxiety and strengthens the attorney-client relationship.

Driven and Determined

Alexis is highly competitive and deeply motivated to advocate for her clients. She is known for pushing negotiations, asking for more when appropriate, and carefully examining every detail to protect her clients’ interests.

At the same time, she remains committed to continuous growth, working closely with experienced attorneys at the firm and strengthening her litigation and negotiation skills with every case she handles.

Practical Advice for Clients

In workers’ compensation and employment law cases, one of the most important pieces of advice Alexis gives is simple: be honest.

“You never know who is watching.”

Insurance companies and employers may use surveillance or social media monitoring to challenge a claim. If there are inconsistencies, they will use them. Alexis tells her clients that transparency from the beginning allows her to protect them effectively. When clients are truthful, opposing counsel has far less room to challenge credibility.

Honesty keeps the legal strategy strong.

Beyond the Office

Outside of her legal work, Alexis is deeply invested in health and fitness. She is a certified Pilates instructor and previously taught cycling classes. She enjoys spending time on the water and is passionate about overall wellness, from cold plunges to red light therapy.

Her goal is to bridge her professional and personal worlds, connecting with members of the community who may need guidance after an injury and showing them that legal representation can feel approachable, supportive, and empowering.

Building for the Future

While Alexis continues to grow within her practice, she does so within a firm that has served the Tampa community for more than 40 years. She leverages that depth of knowledge daily, collaborating with seasoned attorneys to ensure clients receive comprehensive representation.

At Barbas, Nuñez, Sanders, Butler & Hovsepian, we are proud to have attorneys like Alexis Ercia: dedicated, driven, and committed to serving our clients with honesty, accessibility, and determination.

How Much Does the Jury Compensate You?

So, the question is, if your medical bills are, let’s say for example, $50,000, and insurance has paid $25,000, how much are you owed by the Defendant, assuming the jury finds the Defendant negligent, for those medical expenses?

Do they pay you the full $50,000, regardless of how much any collateral source has paid towards those bills, or do they just owe you the $25,000 that the collateral sources such as insurance, did not pay?

The Old and New Law

It used to be that the jury had to give you the entirety of your medical bills–in this case, the full $50,000–and the jury was prohibited from ever hearing of or finding out that you were paid any amount by insurance. The jury simply had to consider your entire medical bill, without considering how much insurance paid, and how much was still outstanding.

But under the guise of “tort reform” passed by the state in 2023, this rule has changed. Now the jury can hear, and consider, the amount of your medical bills and expenses when considering how much to award you for past medical expenses.

This ends up reducing the total amount of your recovery–if the jury reduces what insurance paid on your behalf for medical bills, the jury award as a whole will be reduced.

Rights of Subrogation

But it isn’t even that simple, because if any collateral source has a subrogation right–that is, they are entitled to be paid back from your verdict the amount they paid towards your medical bills and expenses–then the jury can award you the amount of your medical bills that insurance is going to ask to be paid back.

Same Case Different Verdicts

And the problem is that every source that pays medical bills on your behalf–say, private health insurance, Medicaid, Medicare, or car insurance–has different rules and laws on how much they can ask to be paid back. That practically means that two injury victims with the exact same medical expenses, may be awarded different amounts, depending on what source they used.

If Victim #1 used sources that all can legally ask to be paid back, the jury would award that victim 100% of his or her medical expenses. But if Victim #2 used sources that have no right to ask for repayment, Victim #2’s verdict will be reduced by the amount those sources have paid.

This means that after your trial is over there still may be a lot of hearings, to determine how much of the verdict will be reduced by the collateral source payments.

Your injury trial isn’t over until every issue has been resolved. We can help. Schedule a consultation with our Tampa personal injury lawyers at Barbas, Nunez, Sanders, Butler & Hovsepian today to discuss your injury case.

Source:

flsenate.gov/Laws/Statutes/2011/0768.76

If it’s the insurance company or the other side, representing the negligent party that caused the accident and your injuries, you might already have some idea that they aren’t on your side.

But when you speak to them (specifically, the insurance adjuster, who represents the insurance company which represents the negligent party), they seem really nice. Helpful. Almost like….they’re on your side. But are they?

Being Friendly

The insurance company is never going to come out and say that it “opposes” you or that it is “the other side.” They may be nice people personally, but their friendliness to you has a goal: to get you either to settle your case, quickly and cheaply, or to discourage you from moving further with your lawsuit at all.

How do you know this? What warning signs will you get that the insurance company is not exactly on your side?

Using Legal Defenses Against You

Insurance companies have lawyers that work with them, and they are trained in legal defenses to injury law. Insurance companies will often tell you about all the rock solid defenses that they have, and how “difficult it will be for you to win,” because of what, on the surface, sound like really good reasons why your case is terrible.

They know you’re not an attorney, and that you don’t have an attorney (yet), and so they are banking on you being intimidated into settling or even dropping your claim after you hear their legal “knowledge.”

Asking for Too Many Medical Records

It is reasonable for insurance companies to ask for your medical records related to the accident. It is, perhaps, reasonable to ask for records from a few years prior to your accident.

But many insurance companies will ask for records from ten years before your accident–or worse, they will ask for a “blanket” medical authorization, allowing them to get any medical record from any medical provider that you saw for any reason, literally, for as far back as they want.

All they are doing is fishing through your medical records, hoping to find something in there to give them a basis to say that your injuries pre-existed the accident.

Quick Settlement Offers

When insurance companies make offers to settle, many victims are happy about that. It sounds like they’re being fair, and offering money to help.

But what they are really doing is trying to get you to “quickly settle” your case. They know you might be in a desperate financial state post-accident, and will use that desperation to dangle money offers to you, hoping you’ll take it.

For example they may say that they will pay for your emergency room bill. What they are not saying is that if you agree to that, the emergency bill will be 100% of everything you ever receive from the negligent driver–you’ve settled your case for just your emergency room bills, and can never go back for additional compensation for your other injuries.

Don’t fall victim to insurance company tactics. Get your own help who is on your side. Schedule a consultation with our Tampa personal injury lawyers at Barbas, Nunez, Sanders, Butler & Hovsepian today to discuss your injury case.

Source:

investopedia.com/terms/a/adjuster.asp

Aside from a waiting period allowing for the parties to investigate, Florida law also requires that the victim seeking to sue for malpractice hand over information and records, and provide an affidavit from a medical expert that a victim’s claims have merit. The parties also have to attempt to settle the case before it is filed.

A Challenge in Delaware

Florida’s requirements are much like those of many other states, including the state of Delaware, where a challenge to these kinds of medical malpractice presuit requirements was brought up.

These presuit laws and requirements are state laws. But in the Delaware case, the case was filed in federal court. The victim did not do the state required presuit requirements, and the Defendant sought to have the case dismissed on that basis.

The victim, however, made the novel argument that all of these state law requirements did not apply, because their case was filed in federal court, not state court, and only federal courts and federal law could say what was required as a prerequisite to filing a case in federal court–not state law.

Supreme Court Strikes Down Requirements

The case made it all the way up to the United States Supreme Court, which agreed with the victim–in federal court, these kinds of procedural presuit requirements mandated by state laws, don’t apply when a case is filed in federal court, unless or until a requirement is mandated by federal law or the federal courts.

Should You File in Federal Court?

Before you go running to federal court for your malpractice case to try to avoid the presuit requirements, be aware that not every case gets to go to federal court, and you don’t just get to choose whether your case is filed in state or federal court.

To file a case in federal court, the amount in controversy must be over $75,000, which is usually the case in medical malpractice cases, but also, both parties must reside in, or have headquarters in different states. That’s called diversity jurisdiction.

So if you’re just suing your doctor for malpractice, there may not be diversity jurisdiction. But if you’re suing a hospital with offices, facilities, and staff, in multiple states, there may in fact be diversity jurisdiction, allowing you to file your case in federal court.

Of course, federal court has some good things and some bad things, as compared to state court–pros and cons you should discuss with your lawyer. Federal court can require more work and more time. Just avoiding presuit medical malpractice requirements may not make it worth filing a medical malpractice case in federal court.

Have a possible medical malpractice case? Schedule a consultation with our Tampa personal injury lawyers at Barbas, Nunez, Sanders, Butler & Hovsepian today to discuss it with our malpractice attorneys.

Sources:

fjc.gov/history/work-courts/jurisdiction-federal-courts

scotusblog.com/2026/01/justices-reject-state-limits-on-malpractice-actions-for-cases-in-federal-court/

We just assume that if a DUI driver hits and injures us, it would have to be someone who can legally drink in the first place. But what if it’s not–what if the person who hit you who was behind the wheel intoxicated, was a minor?

You Can Sue Minors

There is no bar to suing a minor for injuries, if a minor causes you injuries, whether as a result of DUI or anything else. Additionally, many insurance policies may insure everybody who can drive in the household, meaning that the minor would either have his or her own insurance or there may be an insurance policy for an adult in the household that a victim can look to for compensation.

Proving DUI With a Minor Driver

The one difference between adult and minor DUI is that minor DUI is actually easier to prove, because the legal blood alcohol level or BAL for a minor is much less than for an adult: .02.

This is a very small amount of alcohol; almost any amount of liquor or alcohol can raise a minor driver’s BAL to that amount.

Additionally, remember that you are in civil court, not criminal court. That means that you don’t have to prove that the minor was driving under the influence, beyond a reasonable doubt. You just have to show, by 51% or more of the evidence (or a preponderance of the evidence), that the minor was negligently driving the vehicle under the influence.

Suing the Parents

Another difference when an impaired minor hits and injures you, is that you may also be able to reach the parents of the minor–even if they had no idea, and didn’t want their child to be drinking behind the wheel.

Adults can be held liable on theories of negligent entrustment–that is, that the parents knowingly allowed or facilitated a minor to operate a dangerous instrument (in this case, a vehicle).

For vehicles that might be co-titled in an adult and a minor’s name, that also would allow you to sue the parents along with the child–again, raising the chances of a larger recovery, not to mention the availability of insurance coverage.

Dram Shop and Social Host Laws

A victim should also ask, where the minor received the alcohol. While it is difficult to show that the provider of alcohol–for example, a bar, restaurant or in-home party–is liable for the actions of a drunk driver (called dram shop laws), it is easier when the driver is a minor; those serving alcohol have a legal responsibility to check the license and age of those suspected to be drinking underage.

The owners of homes can also be held liable, if they knowingly allowed a minor to illegally get alcohol, and then allowed them to drive their own vehicle off the property.

Injured in a DUI, with a minor or an adult? Schedule a consultation with our Tampa personal injury lawyers at Barbas, Nunez, Sanders, Butler & Hovsepian today for help after your injury or accident.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0322/Sections/0322.2616.html

Initial PIP Insurance

One thing that many cyclists who are hit by cars often have a hard time with initially, is the law that says that their own personal injury protection (PIP) insurance, must pay for the cyclist’s medical bills and lost wages.

Yes, it’s true, you weren’t even hit while in a car. And yes, it’s true, you may not have even been at fault. But as for the initial PIP, which will pay for $10,000 of your initial medical expenses, you must go through your own insurance. The only exception is if you have no insurance because you don’t have an insurable vehicle, in which case, you can go through the negligent driver’s PIP.

But for compensation beyond the minimum provided by PIP, you will need to make a liability claim against the other driver.

Rules of the Road

Many people don’t understand the rules of the road when it comes to bicyclists. So when a bicyclist is hit by a car driver, it can lead to finger pointing as to which person, cyclist or car driver, had the right of way, or which was the one breaking the law, and thus, causing the accident.

Cyclists do have the right to use the roadways the way cars do, but also, must then abide by all traffic control signals that cars must abide by. Cars passing cyclists on the road, must give them 3 feet of space at a minimum. Cyclists must ride with, not against, the flow of traffic.

If there are dedicated bicyclist lanes, they must be used, unless the cycle is going at the same speed as traffic. If there are no lanes, cyclists must hug the right side of the road as much as they can.

Last Clear Chance

It’s important to remember that regardless of who is technically right as far as who did what on the roads, the law is also concerned with who had the last clear chance to avoid the accident. In other words, even if a cyclist was breaking a law or riding where he or she should not have been riding, the car driver still has a legal obligation to look out for, and avoid, other cyclists.

Helmet Laws

There are no mandatory helmet laws for adults riding bicycles but there are for minors. But regardless of the law, that doesn’t mean that a negligent driver can’t use your lack of a helmet against you—they can. For example, they might argue that your injuries were made worse or that they would have been lessened, if you had been wearing a helmet.

Overcoming Prejudices

In court, a jury likely has the same experience that you may have had, as a Florida driver: many cyclists don’t seem to follow the rules of the road. That stereotype can lead to a jury walking into court, being highly suspect of a driver injured by a car. Many of us in fact, are more likely to have been in the position of almost hitting a cyclist in our cars, as opposed to being a cyclist that is almost hit.

That is a prejudice that must be overcome by a bicyclist seeking compensation for injuries.

Schedule a consultation with our Tampa personal injury lawyers at Barbas, Nunez, Sanders, Butler & Hovsepian today for help after your injury or accident if you have been injured on a bicycle.

Sources:

floridabicycle.org/bicycle-traffic-law

flhsmv.gov/safety-center/driving-safety/share-the-road/

Looking for Hygiene

The lack of hygiene can be a big sign of nursing home neglect. It can be harmful for one of two reasons.

The first is obvious–lack of hygiene can turn into worse conditions. If a patient’s teeth aren’t brushed, for example, it can lead to serious dental problems. Lack of bathing or cleaning of hair, can also lead to health problems.

But lack of hygiene can also represent larger problems–if the nursing home staff isn’t bathing your loved one, what else are they not doing? They may not be giving necessary medications, or moving your loved one so he or she doesn’t develop bed sores. If your loved one is mobile, the lack of attention may lead to your relative trying to walk around on her own, which can easily lead to potentially deadly falls.

Falls

Falls present a special problem with mobile patients. Many may be mobile enough that they do not want to be strapped down or confined to a bed. But at the same time, moving about freely on their own can be dangerous. Staff should speak with family to develop a plan as to how mobile the family wants their loved one to be.

Abuse from Other Residents

We think everyone in a nursing home is bedridden, incapacitated and infirm, but that’s not always the case.

Many can walk up and around. And that means that nursing home residents can fall victim to other residents, whether from sexual abuse or other forms of physical abuse. Nursing home staff may not even be paying attention–but they do have an affirmative, absolute duty to protect residents from attacks, assaults, and other forms of violence, from fellow residents.

Small Bruises

Bruising can be easily dismissed by staff as being an accident–older, more infirm patients can easily bruise even from innocuous actions, like bumping into an object. But bruising may also indicate bigger problems–like mishandling or abuse.

Bruising on one part of the body may be an indication that there is bruising elsewhere on the body–including on private areas, that can signal sexual abuse.

Undetected Bed Sores

The most deadly killer in nursing homes is bed sores or decubitus ulcers. These ulcers often develop in private areas of the body, or areas that are covered by clothing or sheets on the bed.

Sadly, many patients are unable to express the pain that bed sores are causing them. This means that family can easily miss the initial signs of bed sores, when it is early enough to be caught before serious damage has happened.

Was your loved one injured in a nursing home? Schedule a consultation with our Tampa personal injury lawyers at Barbas, Nunez, Sanders, Butler & Hovsepian today for help.

But injuries at work do happen, and when they do, you may ask whether or not you can sue your boss or your employer, for injuries that you sustain on the job.

Getting Workers Compensation

The answer is a conditional no; you cannot sue your employer, if you are injured at work, at least not for personal injuries. That is because of what is known as workers compensation immunity.

If you are afforded workers compensation at work, which most employees are, your only recourse to get recovery after an accident at work, is through making a claim through your workers compensation insurance.

One good thing about workers compensation is that you don’t have to prove fault. It doesn’t matter how you were injured or whether anybody made any errors. If you’re injured at work in any way you get the benefit of whatever medical attention that workers compensation provides.

The Tradeoff

But this ease and quickness comes at a cost; as a tradeoff, you don’t get to sue your employer for personal injuries the way you would some random person or business that injured you. And no, you can’t choose between accepting or receiving workers compensation or suing for personal injuries; if your job provides workers compensation, you cannot sue your employer for injuries sustained on the job.

Unlike suing for personal injuries, workers compensation does not allow you to recover for non-economic damages, things like pain, suffering, loss of enjoyment of life, anxiety, loss of companionship or all those other things you can’t put an exact price tag on, that you could sue for if you were allowed to bring your lawsuit through the personal injury system. It also won’t allow you to collect things like future medical expenses or future lost wages, other than in some cases where you’re permanently disabled.

The Exceptions

There are some exceptions, where you could sue your own employer for negligence, even if you have or receive workers compensation.

One is if your employer’s actions were so wanton, reckless and careless, that they went beyond negligence; the employer’s behavior would have to have been so careless as to almost have been intentional.

You also can still sue third parties that injure you on the job; that is, any business or person whose negligence caused you injury, that isn’t your employer. For example, if you are a construction worker working on a roadway and a negligent driver hits and injures you, even though you were injured on the job and afforded workers compensation insurance, the driver that hit you was not your employer, and thus, you could sue him or her for your injuries.

Injured at work-by anybody? Schedule a consultation with our Tampa personal injury lawyers at Barbas, Nunez, Sanders, Butler & Hovsepian today for help after any kind of accident, whether on the job or not.

Source:

flsenate.gov/Laws/Statutes/2011/0440.11