Beckham & Beckham takes great pride in its subrogation practice dedicates significant resources to maximizing recovery on behalf of our clients. Our firm has handled to conclusion hundreds of major subrogation matters in the state and federal courts resulting in substantial recoveries for our clients throughout the state of Florida. Subrogation cases entrusted to us are actively litigated by partners, not assigned to inexperienced attorneys. We have found from experience that early evaluation of subrogation cases and aggressive handling by our attorneys working with claim representatives increases recoveries for our clients. Eugene Beckham is the author of the "Subrogation" chapter in 3 Law and Practice of Insurance Coverage Litigation (David L. Leitner, Reagan W. Simpson & John M. Bjorkman eds., West 2012) and has also published Subrogation of Automobile Medical Payments in Florida in 18 Trial Advocate Quarterly (Spring 1998). The firm has produced seminars for its insurance clients to aid them in recognizing and maximizing subrogation recovery. Beckham & Beckham has handled recoveries which arise from the failure of underlying carriers to protect excess coverage as well as claims related to all kinds of casualties such as fires, explosions, collapses, product failures, vehicle collisions, gas and water leaks as well as those arising from theft, conversion, embezzlement and liens and right to reimbursement related to worker compensation coverage, ERISA or medical coverage. Beckham & Beckham handles subrogation and recovery matters on a contingency fee plus cost basis, and when there is no recovery there is no a fee.
Transportation and Trucking Litigation
Beckham & Beckham has an active transportation industry practice and Eugene Beckham has chaired the Commercial Transportation Litigation Committee of the American Bar Association's Tort Trial and Insurance Practice Section (TIPS), the Trucking Committee of the Transportation Lawyers' Association, the Automobile/Motor Carrier Committee of the Florida Defense Lawyers' Association and is an active member of the Trucking Industry Defense Association (TIDA). The firm's experience includes representing moving & storage companies, motor carriers and their drivers, independent truckers, dump truck operators, and private fleet operators, both directly and through their insurers. Our clients in this area of practice include insurance companies, self-insured employers, third-party administrators and independent adjusting companies.
Beckham & Beckham has the discovery and trial experience needed to effectively represent' clients in all transportation related claims including personal injury and property damage claims, coverage disputes and self-insured retention program issues. Our substantial appellate expertise provides additional value to our clients by avoiding unnecessary errors at the trial level and preserving errors that do occur for review by the appellate courts of Florida and the United States Court of Appeals for the Eleventh Circuit. Our team of first responders is available on short notice to protect our clients by participating in active investigations.
This practice area is headed by Eugene Beckham, an experienced trial attorney listed as one of the pre-eminent lawyers in America for transportation law. Eugene is admitted to the U.S. district court trial bar and has written articles on trucking issues including Truck Drivers' Failure to Cooperate after a Claim Is Made: Effects of the MCS-90 Endorsement, A.B.A. Tort & Ins. Prac. Sec., The Brief, Vol. 28, No.2, Winter 1999, at 51 (coauthor with Robert 1. Beckham, Jr.) and Investigation: Tractor Trailer Accidents, For The Defense, Mar. 2001, at 29-32 (coauthor with Paul L. Carper). He has authored the Florida section of the Commercial Transportation Litigation Committee's state law compendiums on issues such as punitive damages, spoliation of evidence, joint and several liability, how to settle a minor's injury claim, and has spoken at the TIDA Annual Meeting, the ABA/TIPS Transportation Megaconference and the DR! Trucking Seminar.
Defense of Personal Injury, Medical Malpractice, Wrongful Death and Commercial Claims
Our attorneys have the experience and resources to defend any action involving personal injury and death, whether caused by vehicle collision, product defect, assault and battery, false arrest, premises liability, even animal bites. With many years of insurance defense experience, Eugene Beckham has investigated, tried and settled hundreds of personal injury claims of all sizes. More aggressive clients contact us as soon as they have notice of a loss which may result in a claim in the future to enable us to conduct a thorough investigation which will enjoy the privileges from discovery afforded to attorney work-product by the courts. When appropriate, cases are removed to enjoy the protections of the federal court. Our thorough investigation after suit is initiated utilizes the discovery process provided by the rules and the court's subpoena power to aggressively determine the flaws, and sometimes expose the misrepresentations, which may exist in a plaintiff s case.
Our firm is actively involved in rendering coverage advice and representing insurers and policy holders in first and third-party coverage related litigation. Additionally, Beckham & Beckham regularly represents insurers and insureds in first and third-party claims for extra-contractual damages in which allegations of bad-faith are asserted. We have represented insurers and policy holders in state and federal courts throughout Florida and have achieved outstanding results in cases involving excess coverages, motor vehicle (including UM and PIP), general liability, homeowner and casualty coverages. We have successfully initiated and defended declaratory actions on behalf of our clients in a variety of factual scenarios. In an era where insurer-policy holder relationships have become increasingly complex, we remain committed to advancing our clients' insurance coverage positions in a manner consistent with effective advocacy, always keeping in mind the ultimate business goal.
Appeals (Appellate and Trial Support Practice)
As an appellate lawyer Pamela Beckham has argued more than 200 civil appeals over 30 years and has been recognized as a Preeminent Lawyer of the United States in appellate practice. She is a past-chair of the American Bar Association, Tort Trial and Insurance Practice Section's Appellate Advocacy Committee and has argued appeals throughout Florida's courts and in the United States Eleventh Circuit Court of Appeals. In addition to preparing briefs and arguing appeals, our appellate group assists trial lawyers to ensure that trial records are properly developed and protected so that the best factual and legal arguments are preserved and available later for any appeal which may arise. Pamela Beckham is a contributor to Reagan W. Simpson's book, The Amicus Brief: How to Write It and Use It Effectively (A.B.A. 1998) and authored the chapter titled "Award of Attorney's Fees and Enforcement of Judgments" in 2 Law and Practice of Insurance Coverage Litigation (David L. Leitner, Reagan W. Simpson & John M. Bjorkman eds., West 2012). Mrs. Beckham's article, Appeals: Timing Is Everything was published in the ABA Journal in December 1998. She chaired and moderated the program, "How to Make Your Appeal Client and Cost Effective" at the ABA Annual Meeting in 1996 and also moderated the program on amicus practice at the ABA Annual Meeting in 1997.
Mrs. Beckham's reported cases include:
Medina v. Peralta, 724 So. 2d 1188 (Fla. 1999).
Westland Skating Ctr., Inc. v. Gus Machado Buick, Inc., 542 So. 2d 959 (Fla. 1989).
Herber v. Martin Mem'l Med. Ctr., Inc., 76 So. 3d 1 (Fla. 4th DCA 2011).
Cabrera ex rel. Estate of Acosta v. TJ. Pavement Corp., 2 So. 3d 996 (Fla. 3d DCA 2008).
50 State Sec. Serv., Inc. v. Murray, 973 So. 2d 533 (Fla. 3d DCA 2007).
Fletcher v. Huntington Place Ltd. P'ship, 952 So. 2d 1225 (Fla. 5th DCA 2007).
E. Coast Adver., Inc. v. Wiseheart, 862 So. 2d 734 (Fla. 3d DCA 2003).
Niven v. G.F.B. Enters., L.L.C., 849 So. 2d 1093 (Fla. 3d DCA 2003).
Prendes v. Miami-Dade Cnty., 821 So. 2d 1196 (Fla. 3d DCA 2002).
McBee v. Sandals Resorts Int'l Ltd., 659 So. 2d 471 (Fla. 3d DCA 1995).
Kalisch v. Kalisch, 646 So. 2d 292 (Fla. 3d DCA 1994).
Avril v. Civilmar, 605 So. 2d 988 (Fla. 4th DCA 1992).
Alvarez v. State, 574 So. 2d 1119 (Fla. 3d DCA 1991).
Bookworks, Inc. v. Capital C Corp., 529 So. 2d 1246 (Fla. 3d DCA 1988).
Marquez v. Heim Corp., 632 So. 2d 85 (Fla. 3d DCA 1993).
Shelby Life Ins. Co. v. Paolasini, 489 So. 2d 89 (Fla. 3d DCA 1986).
Support Before and During Trial:
When cases are tried involving our firm, our appellate practice attorneys Pamela Beckham and Robert Beckham, Jr. are involved from the beginning, providing analysis, research and drafting assistance. The firm's trial support includes preparing and arguing major pretrial motions and directed verdict motions. We prepare verdict forms and jury instructions and present argument concerning them. Our trial support practice attorneys often continue representation in such cases on appeal because of their insight, experience and knowledge of appellate courts and rules of appellate practice.
When needed, our participation begins as late as the call to trial to help trial counsel deal with unexpected adverse rulings and to identify and preserve possible appellate issues in the event that an appeal is necessary. Our preparation of verdict forms and jury instructions frees trial counsel for other more pressing tasks and we argue the merits of our clients' forms and instructions to the court.
Our clients recognize that there are distinct advantages to having experienced appellate counsel, and we are often retained to undertake appeals where another law firm appeared at trial. In such cases, we work together with trial counsel to prepare post-trial motions and responsive briefs. This helps to ensure that strong appellate issues are developed, preserved and protected while allowing for a fresh, unbiased approach in appellate court.