Beckham & Beckham, P.A.
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BECKHAM & BECKHAM, PA
1550 NE MIAMI GARDENS DRIVE
SUITE 504
NORTH MIAMI BEACH, FLORIDA 33179

TELEPHONE 305-957-3900
FACSIMILE 305-940-8706

Transportation and Trucking Litigation:

The firm is active in all aspects of the transportation industry and Eugene Beckham has chaired the Commercial Transportation Litigation Committee of the American Bar Association Tort 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 Insurance Defense Association (TIDA). The firm's experience includes representing moving & storage companies, motor carriers, 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. The firm often works directly with company representatives and claims department personnel, enabling us to aggressively defend our clients' interests.

Beckham & Beckham has considerable knowledge in the transportation field and the trial experience necessary to effectively represent clients in personal injury, property damage and cargo claims in the state and federal courts throughout Florida. Beckham & Beckham has defended drivers in criminal and traffic matters and is also experienced in insurance coverage 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 District Courts of Appeal of Florida and the Eleventh Circuit Court of Appeal of the United States.

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 active in TIDA, the DRI Trucking Committee, the Commercial Transportation Committee of the American Bar Association Tort and Insurance Practice Section and the Transportation Lawyers' Association. He has written articles on trucking issues including Truck Drivers' Failure to Cooperate After a Claim Is Made: Effects of the MCS-90 Endorsement, 28 The Brief 51 (Winter 1999) (coauthor with Robert J. Beckham, Jr.) and Investigation: Tractor Trailer Accidents, For The Defense (Mar. 2001), at 29-32 (coauthor with Paul L. Carper). He has spoken at the TIDA Annual Meeting, the ABA/TIPS Transportation MEGACONFERENCE and the DRI 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 and Robert J. Beckham, Jr. have personally 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. We are then able to conduct a thorough investigation which will enjoy all the privileges from discovery afforded to attorney work-product by the courts. When the client wishes, cases are promptly removed to federal court where defendants may gain some advantages including nationwide subpoena power. Our thorough investigation continues after suit is initiated and we utilize discovery as allowed by the Rules and the court's subpoena power to aggressively determine the flaws, and sometimes the misrepresentations, which often exist in the other side's case.

The firm's commercial claim defense experience often focuses on issues involving closely held corporations. Matters we have defended include minority shareholder actions, demands for accounting, shareholder disputes, the drafting of contracts and other documents, questions about incorporation, and lease problems.

Insurance Coverage:

Beckham & Beckham has skillfully litigated and resolved coverage disputes involving first and third-party claims. 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 their ultimate business goal. 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 well as insureds in first and third-party claims for extra-contractual damages including consequential and punitive 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 motor vehicle (including UM and PIP), general liability, homeowner and casualty coverages.

Subrogation:

Our subrogation practice is an area in which Beckham & Beckham prides itself and we continue to dedicate significant resources to maximizing recovery on behalf of insurance companies through litigation. Our firm has handled 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 results in maximizing recoveries for our clients. Eugene Beckham is the author of the chapter titled "Subrogation" in 3 Law and Practice of Insurance Coverage Litigation (David L. Leitner, Reagan W. Simpson & John M. Bjorkman eds.) (West 2000). He has also published Subrogation of Automobile Medical Payments in Florida in 18 Trial Advocate Quarterly (Spring 1998). The firm has given seminars to its insurance clients on recognizing and maximizing recovery. Beckham & Beckham has handled recoveries which arise from casualties such as fire, explosions, collapses, product failures, vehicle collisions, worker compensation and medical liens/rights to reimbursement, gas and water leaks as well as theft, conversion and embezzlement. Beckham & Beckham handles subrogation and recovery matters on a contingency fee plus cost basis, therefore, the client is not charged for time spent conducting our investigation, research and analysis. In the event there is no recovery, there is never any fee owing.

Appeals (Appellate and Trial Support Practice):

Pamela Beckham has been practicing appellate law almost twenty years and is listed in Pre-Eminent Lawyers of the United States for her appellate practice and has argued more than 200 reported civil cases. She is a past-chair of the American Bar Association, Tort 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. Pamela Beckham is a contributor to Reagan Wm. Simpson's book The Amicus Brief: How to Write It and Use it Effectively (ABA 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. In addition to preparing briefs and arguing appeals, our appellate group also 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 the author of 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 2000). Mrs. Beckham also authored Appeals: Timing Is Everything published in the ABA Journal (December 1998).

Support before and during trial:

When cases are tried involving our firm, our appellate practice attorneys, Pamela Beckham and Robert J. 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 experience and knowledge of appellate courts and rules of appellate practice.

Pre-Verdict Assistance:

On occasion, our participation begins as late as 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 forms and instructions to the court.

Post-Verdict Work:

Our clients recognize that there are distinct advantages to having specialized 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.

Representation of Plaintiffs in Personal Injury Actions:

Beckham & Beckham has an active Plaintiff's personal injury practice, intentionally limited to a few meritorious claims not impacting our defense clients. The attorneys of this firm have filed and litigated claims of all kinds for personal injury clients including but not limited to wrongful death, medical malpractice, premises liability, motor vehicle accident, false arrest, assault & battery, and injury caused by animals. The firm has been party to substantial recoveries for damages arising out of the negligence of others, and currently represents Plaintiffs in actions for damages and wrongful death in the State and Federal Courts of Florida.

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