Practice Areas

Insurance Claims and Coverage Disputes

Insurance has become an important part of daily life in our society and is almost a necessity for those wishing to own and protect a home or business, plan for retirement, drive a car, obtain medical care and provide for income in the event of an accident or disability. The attorneys of Barker, Rodems & Cook, P.A., can handle cases involving both long term and short term disability insurance, employment practices insurance, workers' compensation insurance, homeowners' liability, sink holes, automobile and personal injury protection (PIP), health insurance, life insurance, credit life or credit disability insurance, landlord/renter's insurance, reinsurance/excess insurance and bad faith claims based upon a denial of coverage or the refusal to defend or reasonably settle a claim.

In addition, the Firm can conduct an extensive review of an insurance policy or policies and provide an opinion regarding whether insurance coverage exists and, if so, to what extent. We can also pursue an appeal, in either state or federal courts, of any adverse coverage ruling or determination.

Personal Injury/ Medical Malpractice

The attorneys at Barker, Rodems & Cook, P.A. can assist with many different types of cases involving accidents or injuries. Our Firm can handle matters involving serious or catastrophic personal injury, automobile, trucking or motorcycle accidents, wrongful death, serious brain injury, premises liability (slip and fall), dog and other animal attacks, nursing home neglect or abuse, as well as products liability and drug interactions.

The Firm also handles instances of medical, dental or chiropractic malpractice, pharmacy negligence and mis- prescriptions, and claims regarding hospitals, HMOs and other health care providers. All malpractice cases involve very special rules and are subject to strict legal limitations regarding if and when claims may be pursued. It is therefore imperative that you contact us immediately if you are in need of legal assistance.

Commercial and Business Litigation

At Barker, Rodems & Cook, P.A., we are able to assist businesses and individuals with commercial and business matters including contract drafting, interpretation and enforcement, general commercial litigation, collections, employment matters, general liability and insurance coverage, premises liability, workers' compensation issues, general business torts (such as interference with contractual or business relationships), protection or theft of intellectual property (copyrights, trademarks, etc.), and many other types of litigation involving sales, warranties and business transactions. Often times, prevention is the best way to deal with business or commercial disputes; and, towards that end, the Firm can provide a comprehensive review of policies and practices to identify and correct potential problems and to ensure compliance with all appropriate laws, rules and regulations.

The Firm also handles litigation arising from residential and commercial construction and demolition, as well as claims involving construction professionals, such as architects, engineers and contractors, including regulatory, disciplinary and administrative proceedings regarding licensing. In addition, we can assist with land use and zoning disputes and litigation involving neighborhood, homeowners' and condominium associations.

Employment / Workers' Compensation

Employment in Florida is generally described as at will, meaning that either the employer or the employee may terminate the relationship at any time, with or without notice. However, there are certain acts and practices which are prohibited by the many different city, county, state and federal rules and laws which govern the employment relationship. As a result, labor and employment disputes can often be complex and difficult to resolve. The Firm can assist you with many different types of employment discrimination cases, including claims pursuant to or involving Title VII, the Age Discrimination Act, the Americans with Disabilities Act (ADA), Wage and Hour (overtime and equal pay)/ Fair Labor Standards Act, the Family and Medical Leave Act (FMLA), the Pregnancy Discrimination Act (PDA), the Employees' Retirement and Income Security Act ( ERISA) and other employment benefits, Qui Tam/ federal whistleblower cases, state whistleblower cases, class actions, as well as the drafting or enforcement of employment contracts and non-compete agreements. The Firm can also provide a comprehensive review of policies and practices to identify and correct potential problems and to ensure compliance with all appropriate laws, rules and regulations.

Also, the laws and rules of procedure regarding workers' compensation in Florida have been drastically changed in recent years and it is imperative that you understand your rights and responsibilities as they now exist. The Firm can provide advice on the prevention of injuries as well as litigation assistance with claims for benefits, settlement of claims and appeals.

Securities Litigation and Arbitration

The attorneys at Barker, Rodems & Cook, P.A., handle all types of securities litigation, including class actions. However, most cases involve individual claims and are pursued through a process called arbitration. Most brokerage firms now have a mandatory arbitration provision included in their account agreements; therefore, if the account agreement was signed recently, it is an almost certainty that any claims will be required to be submitted to binding arbitration.

Although there are many types of securities claims, claims by investors generally involve one or more of the following actions or circumstances: Churning, Unsuitability, Over-Concentration, Negligence, Breach of Fiduciary Duty, Intentional or Negligent Misrepresentations or Omissions, Failure or Refusal to Sell or Fraud. Our Firm has experience with these and other technical securities matters and you should contact us immediately if you have any questions or if you need assistance.

It is also important to understand that claims against a brokerage or broker must be commenced with certain time limits referred to a statutes of limitations. The statutes of limitations will vary depending on what claim is asserted and are different for state and federal claims. Statutes of limitations can be as short as one year; and, because the statute of limitations often begins to run, or expire, when an investor knew or should have known of the facts giving rise to a potential claim, an investor should consult with an attorney immediately upon learning of any problem in order to determine his or her rights and responsibilities.

Constitutional Litigation/ Civil Rights/ Consumer Issues

The attorneys at Barker, Rodems & Cook, P.A. can provide assistance with matters arising under the Constitutions of both the state of Florida and the United States. The Firm has experience in both state and federal courts involving constitutional interpretations or implementation and in declaratory proceedings, as well as the application and analysis of appellate court decisions regarding such issues. Constitutional litigation has often involved the municipal and educational systems of the state of Florida, including policies and procedures at the secondary and university levels, and our attorneys have both practical administrative and courtroom trial expertise. The Firm also has experience related to statutory construction and in proceedings brought pursuant to the statutes or laws of the state of Florida and the United States.

In addition, the Firm can provide assistance with claims involving violations of civil rights, including Section 1983 and Section 1981 claims, as well as violations or denials of the constitutional protections provided by both the United States and Florida Constitutions. We can also help redress personal torts such as defamation, slander, libel, false imprisonment and invasions of privacy.

The Firm also handles matters which arise as a result of various consumer protection laws. There are many state and federal laws which attempt to provide remedies for consumers in situations where they may have been taken advantage of or treated unfairly and these same laws also provide protections or safeguards for businesses which operate fairly and within the law. We have experience in the areas of consumer protection, unfair and deceptive trade practices, abuse of the elderly, damage to credit history or reputation, the Fair Debt Collections Practices Act, Lemon Law/ Automobile and RV warranty claims and arbitration, and business/corporate compliance with such laws. Our Firm also has extensive experience with class action litigation involving many different consumer issues.