Resolving Commercial Disputes in Litigation or Negotiation
The firm represents clients in partnership and corporate disputes, verbal and written contract disputes, property disputes, and a wide variety of business-related arbitration and litigation throughout the country.
Serious financial implications can be found in almost any business transaction. At LaBovick LaBovick & Diaz our commercial litigation attorneys recognize the importance of a successful outcome to a business dispute.
Our commercial litigation attorneys use effective strategies to solve common business problems. However, we are not shy or apprehensive about providing an aggressive courtroom representation when needed. We carefully manage client matters from the initial pleadings through discovery, settlement negotiations, and trial in a manner that is both cost-effective and reflective of your goals.
If you need to discuss a commercial claim, contact an experienced attorney for a consultation to help you decide the best course of action for your business or company.
What is ERISA?
ERISA stands for Employee Retirement Income Security Act.
ERISA is governed by Federal legislation (U.S. Code Title 29, Chapter 18, associated Internal Revenue Code and miscellaneous provisions) that preempts state regulation of workers’ medical and pension benefits.
ERISA, is an insurance program established to guarantee that employees receive their pension benefits in the event that a pension plan is terminated. However, the legislation is very complex and claims are limited to the amount of the benefit being claimed.
Many employees have been taken advantage of by unscrupulous employers, despite the name and the purpose. It has had a serious effect on people who receive their insurance through their employment. Often these claims are not evaluated fairly or paid properly. The hardship is mostly felt in the areas of disability claims, health, life insurance, since this insurance is typically provided through work.
If you have an ERISA claim that has been denied and want to discuss your rights under the appeal process, us today for a free initial consultation.
Litigating ERISA Claims
When an Insurance claim has been denied, the stiffest penalty to the insurance company from the court is to be forced to pay the claim that was denied. This leaves the field wide open for insurance companies not to play fair or make proper payments on ERISA claims.
Since most ERISA claims are litigated in Federal Court, they have a few things in common. There is an administrative appeal process that must be followed prior to going to court. If the claimant does not follow the proper appeal procedure, they may forfeit their right to sue the insurance company. This can be avoided by having an experienced ERISA claims lawyer handling the claim and appeals process.
Our long history and substantial experience in personal injury cases allows us to be particularly effective in representing clients in serious work-related claims. Workers’ compensation is a benefit that is available to nearly all employees who suffer an injury that arose out of and in the course of their employment.
The attorneys at LaBovick LaBovick & Diaz are devoted to assisting victims in working through this complicated area of law in order to receive a fair resolution to Florida workers’ compensation claims.
Work-related injuries typically covered by workers’ compensation include:
Neck, back, and knee injuries
Carpal tunnel/repetitive trauma injuries
Work-related emotional problems
Work-induced heart attack or stroke
Occupational diseases such as asbestosis and dermatitis
Asthma or other work-related pulmonary conditions
Loss of use of limbs