WORKERS COMPENSATION

The attorneys at Pozo-Diaz & Pozo, P.A., have been retained by employers, insurance carriers, and third-party administrators to handle the defense of workers compensation claims throughout South Florida. Our experience in assisting employers in all aspects of workers’ compensation litigation includes providing counseling and vigorously defending them in litigation. We place great pride in our efficient defense and settlement of claims, along with prompt and responsive client communication. Our firm represents employers in a variety of industries including; manufacturing, healthcare and construction.

Our Firm offers insurance carriers a full range of expertise and guidance regarding homeowner and business insurance fraud and special investigation. This practice area requires aggressive representation when defending against suspected insurance fraud by claimants, lawyers and healthcare professionals. Our goal is to assist the special investigation units in recognizing and efficiently resolving, staged auto and premises accidents and first party property claims, excessive and unnecessary treatment claims, illegal clinic ownership, inflated specials and improprieties in medical billing.

We have also assisted our clients with demands for appraisal, bad faith notices to the Florida Insurance Commission, misrepresentation by the insured and the obligations of the parties to the insurance contract. We understand the claims process and are experienced in assisting insurers in their investigations by conducting examinations under oath, coordinating investigations and evaluating claims.

Our Firm became involved in the investigation and defense of ADA claims when a number of our commercial clients were sued by an individual Plaintiff, who set forth substantially similar claims in each case. We have also assisted clients throughout the State of Florida in complying with the ADA requirements for business and property owners to remove barriers to access by the disabled. The ADA allows disabled individuals who have actually suffered discrimination to seek injunctions from the courts to compel compliance and provides that for doing so they are entitled to recover from defendants their legal fees, costs and litigation expenses. This provision of the act has created a lucrative opportunity for lawyers to sue businesses and property owners to enforce the technical provisions of the ADA in order to seek attorney fees for themselves. In our experience handling the defense of these cases, most are either completely or largely without merit and defensible. However, it is important during the initial stages of these claims to evaluate for our clients the likelihood of a successful defense and the risk of exposure to the Plaintiff’s attorney fees and litigation expenses that are often inflated or unreasonable. This type of early analysis gives our clients the opportunity to make business decisions from the onset of the matter on how the case should be postured for resolution or trial.

The attorneys at Pozo-Diaz & Pozo, have represented accountants, attorneys, insurance agents and brokers, engineers, contractors, architects and emergency medical professionals (EMT & Paramedics) in all aspects of professional negligence and errors and omissions claims. Effective and aggressive representation is required in this practice area as professionals continue to be the popular target of lawsuits alleging malpractice.

Our experience encompasses a wide range of professional liability issues. Our attorneys have handled claims relating to legal malpractice, error and omission by financial professionals and insurance specialists, as well as construction and design professionals. Our capabilities in this arena allow us to provide our clients with sophisticated knowledge and creative solutions to the issues facing today’s business professional.

Pozo-Diaz & Pozo, P.A., prides itself on its knowledge base in the arena of insurance and coverage related issues. Our firm is versed in the development and application of the laws of the State of Florida and their application to insurance contracts and indemnity agreements. Our goal is to provide our clients with reliable, accurate, comprehensive and cost effective coverage opinions. We have represented insurance companies, their brokers, agents, reinsurers, purchasing groups and self insureds in this practice area.We are recognized by the insurance industry for our experience in insurance law and litigation practice.

Our Firm’s construction law attorneys are highly experienced in all aspects of construction litigation and have represented owners, engineers, architects, construction managers, developers, general contractors, sub-contractors and design professionals for both residential and commercial properties on matters relating to construction defects, condominium turnover, contract disputes, payment and performance bond issues, performance claims and mold issues. We have extensive experience in handling disputes and educating our clients in methods of liability avoidance.

We have effectively handled cases in both state and federal courts and routinely work in conjunction with the firm’s real estate attorneys to provide full-services to clients with licensing and permitting needs. Our recent experience in construction law includes:
Construction – Successfully represented multiple stucco contractors in several unrelated multi-party defect matters by obtaining favorable settlements against high-rise condominium owner, apartment complex owner and single-family housing development owner; defended construction defect matter on behalf of roofing contractor filed by a general contractor and its insurer on high profile Miami Beach Condominium project; defended window contractor against claims of construction defects by governmental owner on two separate unrelated buildings; successfully defended defective roofing materials matter on behalf of developer, defended associations from Key West to Palm Beach on various matters relating to plumbing issues, moisture intrusion and mold, defeated indemnity claim of general contractor on behalf of a design professional by filing a Motion for Sanctions as to unsupportable claim involving design of multi-unit townhomes in Tampa leading to dismissal, avoided expensive multi-party litigation through early settlement negotiations on behalf of paint and sealant company.

Commercial Disputes – In a dispute regarding paving contractor’s claim for non-payment successfully defended counter-claim of alleged construction defects and resolved under settlement agreement.

The trial attorneys at Pozo-Diaz & Pozo, P.A., are respected in the legal community and have an excellent reputation for their ability to evaluate and try cases. They are recognized for their proficiency in the trial and defense of personal injury cases involving premises liability, motor vehicle accidents, medical malpractice, general negligence, professional negligence, negligent security, catastrophic work-site accidents involving heavy equipment and cranes and other tort related claims.

As the resolution of personal injury and other tort related claims in the courtroom has become increasingly complex and expensive, our firm has worked diligently to meet our clients’ needs in a cost effective manner through alternative dispute resolution, such as mediation. We pride ourselves on capable, effective presentation of facts, evidence and the law to the court, and strive to achieve success by maintaining client centered priorities on a case by case basis. To achieve these results, we encourage our clients to maintain an active role in the defense of their case in order for our firm to understand their goals and objectives.

Our attorneys possess experience in the management and trial of lawsuits, and our recognized reputation ensures effective representation in all litigation matters. We understand the need to achieve our clients’ objectives in an effective, efficient manner and do so by committing ourselves to the practice of law under the highest professional standards.