Episode 52 with Andrew Rader

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Today on victim to victory, we’re joined by Andrew Rader, a highly respected attorney with over 30 years of experience in personal injury law as one of the one percenters of Florida lawyers who are board certified in civil trial practice, Andrew has fought tirelessly for injury victims across Florida and New York from serious car accidents to medical malpractice. Andrew’s expertise and dedication have helped secure life changing victories for countless clients he’s represented. Andrew, welcome to the show.

Thank you so much for having me. Lawrence. I appreciate being here.

My pleasure. So, you’ve been practicing law for over 30 years. So you’re an older gentleman, or let’s just call it, an experienced gentleman like myself.

I like seasoned.

Seasoned is always good. How have you seen personal injury law change during your career, particularly in the state of Florida?

So I’ve been practicing personal injury in Florida for 24 years. Before that, I practiced in New York for 10 years, but I started off as a public defender in the Bronx, which I think is not far from where you are in New Jersey.

When Personal Injury first started out, it was much more plaintiff friendly. The insurance companies had not yet jumped on the notion that they could denigrate plaintiffs in place and plaintiff attorneys by saying that their ambulance chases, that they’re just trying to chase money, etc, etc. So, over the years, what has happened is people who rightfully should be pursuing justice because they were wrong for somebody else, are made to feel guilty about it. Are made to feel like they are somehow gaming a system.

It’s not fair to them. And as you know, Lawrence as a plaintiff’s Personal Injury Lawyer, we have to overcome that bias when we present our case. Luckily, my own experience is that jurors try to do the right thing. So once we get through what we call voir dire, I don’t know if you call it voir dire, I don’t know you call it in New Jersey.

Voir dire works.

Okay, well, it’s all the same thing, but it all has to do with jury selection. Once we get through that, as plaintiffs lawyers, we have a burden that the defense lawyer doesn’t really have besides proving by a preponderance of evidence that that our client is worthy of settlement. It is proving to the jury that we are trustworthy, that we are credible, that we are not bringing what they like to call a frivolous case, and that takes extra work. And so over the years, it that has become more difficult. I feel a little bit like the pendulum is starting to swing a little bit back in the plaintiff’s directions, as insurance companies have been unmasked for the villains that they frequently are as happy to take the premiums, but not so quick to pay out.

People have had personal relationships with insurance companies where the insurance company themselves has lost their trust, and I think that that has translated at least a little bit into the courtroom. In Florida, we were always a very — I don’t want to say plaintiff case friendly state. We were always a state where a plaintiff could really get a fair shake. So, we had what we call in the law comparative negligence, which is you pay for the negligence that you caused.

So, if you go to trial and are able to prove that the defendant, the person who caused the injury, was 25 percent responsible, you would get 25% of whatever the jury awarded. Recently in Florida, they changed it to what is a modified contributory negligence. In other words, we now have to prove that our plaintiff was 51% in the right, essentially, or the defendant was in the wrong before we can get a penny, and that’s really become unfair to our clients. So, it’s a pendulum that swings back and forth, but that’s the world we live in.

Yes, it’s the it’s the same. New Jersey, we have to prove that the plaintiff was less than 50% negligent in order to be successful at trial as well. So now, I know Florida’s just recently changed, and there were several thousands of cases were filed before that change was made. So unfortunately, the defense bar is pretty strong down there in Florida, and let’s hope we can keep battling the insurance companies to keep the a fair playing field for everybody.

If I can just give a quick plow to our Florida Justice Association, formerly the Trial Lawyers Association, they work tirelessly, and they are up against a very formidable opponent in the insurance companies, and they do a great job trying to hold their own.

Well, it’s very difficult as you’re aware, but the listening public may not be. It’s tough when you’re battling a multi-billion dollar insurance conglomerate. They have endless funds to battle everything. And I always like to give the example is, you’re not going to see any plaintiff lawyers on the Super Bowl, but yet you’ll see 10 to 20 insurance commercials on this Super Bowl. When it sponsored 10 to $20 million each, they can afford to they can afford to do that. The only people that the insurance companies answer to are their stockholders. That’s all they really care about.

That’s a great point.

Now you’ve worked on cases ranging from auto accidents to medical malpractice. What would you say is the most challenging type of personal injury case you’ve handled? And how do you approach complex situations or cases?

I would say medical malpractice cases are the most difficult to handle. It’s not only because they are extremely expensive. It’s not only because in Florida we have a pre-suit process where we have to get a certificate from a physician. We can usually get that stuff. What makes them difficult is this kind of white wall. When I say white, I mean the white coat wall where all the doctors get together and they figure out how they’re going to come at your client and paint them in a way where the doctors really have all of the — they wrote all the records they can interpret what they say their records mean, and that becomes very, very difficult.

That being said, I recently handled the case where a woman following breast surgery had a double mastectomy and then implants put in, and the doctor cut off the blood supply to both of her nipples, and as they rotted off, his medical records all said, everything is fine. We’re doing great. But meanwhile, my client, of course, was taking pictures of what was going on.

And that brings me to another quick point in Florida, most doctors are not required to carry any insurance, and meaning medical malpractice insurance, and when you couple that with Florida being an easy state to protect your assets, it makes collection very difficult. In that particular case, we forced the doctor to take a fair amount of money out of his 401(k) to pay us. But it wasn’t easy and it wasn’t fair, and it should have been covered by at least a million dollars of insurance.

That’s horrible, but we only can do the best we can. That’s the very–some people do not understand that, when you don’t have the deep pockets, your case is only worth a lot of times what the insurance will cover in that case, at least you had a doctor with some assets. A lot of times, you have cases against people that do not have any assets and have very, very limited insurance, and you have catastrophic injuries, which is a horrific situation.

Florida takes it even a step further. In Florida, the doctor is not required to have any insurance, and unlike in New Jersey, our car accident cases are also problematic because people are not required to carry bodily injury insurance, and they don’t, and those who do carry it will call up GEICO, and GEICO will say, I’m going to give you full insurance, meaning that they have personal injury protection and property damage. And if you say to them, Well, I want to be protected, so that in case I have to pay out, they’ll sell you a policy that gives you $10,000 in coverage, which is meaningless.

So I always tell people, every opportunity I get by uninsured motorist coverage and as much as you can afford, because in Florida, especially south Florida, you are more than likely to not be able to collect on any kind of a serious injury that you suffer.

Is Florida the same as New Jersey that you can only insure yourself with underinsured, uninsured motorists for what you cover yourself in a liability policy?

Yes, yeah. It’s same here, although, yes.

And then if you also found, I try to get people to buy umbrella policies that have that have assets and can’t afford it and is it the same in Florida that you can cover yourself for $20 million in liability, but they won’t give you more than a million in Um, UIM coverage.

I haven’t looked into that. I can tell you that I personally have UIM coverage in an umbrella policy that’s a stacked million. I haven’t asked about more about that. I did handle a commercial case where there was 25 million in uninsured motorist coverage, but that was a commercial policy.

Sure, well, when you’re doing your research, if you find the company that will insure you for more than a million on your umbrella, UM, UIM, please give me a call back so I can purchase that.

I will absolutely do that. It’s really very difficult because I assume it’s the same way you are. But here a lot of the insurance gets sold by television commercials, which are GEICO will save you 15% and 15 whatever their logo is. And so they’re competing exclusively on price and not on what people actually need. I think that it’s a breach of duty, but the Florida courts have not decided that’s true.

Yes, I would agree, especially when brokers are involved in they’re selling their clients down the river for a minimum policy as well. But that’s a story and a fight for another day. So, other than what we’ve already discussed, what misconceptions do the normal everyday person have about personal injury lawsuits, and what do you think are the biggest challenges to educate the clients on that status and the legal process involved?

Let’s go back to medical malpractice for a second. I’m sure that my practice is similar to yours, that there is a misconception that whenever something goes wrong medically, we’re going to jump in and file a lawsuit. In fact, we accept about one in 300 cases that cross our desk because there’s a perfect storm that needs to come together, or an alignment of the stars, rather, where there is insurance, where there’s clear liability, where there’s damages, and those are very hard.

So what people don’t realize, and it’s true of all kinds of personal injury cases. Attorneys who work on contingency are not interested in losing money and spending money on cases that are not winnable. So, we look at the merits of a case, and sometimes we have to turn them away, even though the client wants us to represent them, because we don’t think it’s a valid case. If it’s not a valid case, a meritorious case, we’re not interested in handling it. I’m sure you feel the same way, Lawrence, I’m not interested in having clients at the end of the day who don’t feel like they’ve gotten some sense of justice and some money in their pockets.

So, I think the biggest misconception is that we are actually the guardians at the gate to make sure that frivolous or unmeritorious cases don’t get filed in the system. I think that’s a big misconception.

I think a lot of people don’t understand that in medical malpractice, you have to prove a deviation from the standard of care. It’s not a bad result. Bad results occur all the time, but they’re not actionable. You can sue for a bad result. You can only sue if the doctor, the facility, the nurse, somebody, deviated from the standard of medical care, which is very difficult to prove, as we’ve already discussed, and cost you. It’s $100,000 to just put together a good malpractice claim with all the experts that you need and the time that it takes.

And taking that a step further, the defense bar has no difficulty finding doctors who will say that something is just an unfortunate, bad result, what we call an accepted complication, which is not really an accepted complication. In most times, it’s just something that went wrong. But they have a very deep bench of well credentialed doctors who are willing to say that there was no malpractice.

That’s very true. So, in 2013 you co founded the Raider Law Group. What led you to start your own firm, and what makes your approach different from the run of the mill personal injury law firm?

I’ve been on my own in one way or another for 20 years or more. Even in New York, I was on my own. We started what was then called Cutler Rader, my partner Ken, who was a good friend and also a personal injury attorney, and just last year, he retired, and we changed the name to Raider Law Group. But it is the same, the same practice. I think what makes us different is you mentioned at the at the top of the program that I’m board certified in the civil trial law on less than 1% I believe that we offer an exceptionalism in our representation that the vast majority of Injury Lawyers don’t offer.

We carry a limited caseload, a small caseload, but we work the cases we take. We are judicious in the cases that we take, because, like you, we have limited resources and don’t want to spend money unnecessarily. And we also will try cases and you cannot get exceptional results for your clients in settlements if the insurance company doesn’t also know that, you will go to the mat and take a case to a jury if necessary. All of those things together, I think sets us apart from the vast majority of other law firms in Florida,

And I would agree, we also have less than 1% are certified civil trial lawyers up here. And of course, I’m a certified civil trial lawyer, and most of our personal injury lawyers here are certified, or they’re board certified. They’re eligible to be certified. They’re just being lazy and not filling out the voluminous paperwork. But it’s, it’s the difference, as I tell anybody, if you’re in a criminal if you find a certified criminal lawyer, if it’s matrimonial or family, we have certified family lawyers. Workers Comp, use a certified lawyer. These are the guys and gals that do this for a living.

You know, you don’t want to go to a Jack of all trades. I say to people, if you were going to have surgery on your brain, you’re not going to your general practitioner. You’re going to a brain surgeon. And so, if you’re going to be, if you have an injury case, go to an injury lawyer, somebody that specializes in that.

The problem is, and I always say this to people, if you were to go into a supermarket and you wanted a quart of milk, and it costs $1 you know, there’s something wrong with that quart of milk. If they charge you $20 you know it’s too expensive. In other words, if you go into a supermarket, most people have some frame of reference on what a case is worth, about what constitutes a good quart of milk.

We suffer the problem that somebody will say, I have a herniated disc, and they have no frame of reference of what a case is worth. So it’s very easy for somebody to say — say you and I on a case that we would get $50,000 for. It’s nothing for another lawyer to say to somebody, I got you $25,000 isn’t that fantastic and because the lawyer says, it’s fantastic, the client says — Thank you so much. It’s great. And what they don’t realize is that they’ve, they’ve really undersettled the case.

Yes, and that’s one of the things that our firm, if you undersettle a case, you are terminated on the spot that we do not allow. We set the value on every case. And nobody undersettles a case because of the reasons you said before the insurance company knows — people used to call it the black book, but it’s a multi-billion dollar corporation. They know more about you and your law firm than you do, because they know every lawyer their verdicts, who’s going to take a case to trial, who’s not, and they know what firms are going to under settle cases.

And it’s amazing where people are doing themselves a disservice if they do not do their due diligence and find the top certified lawyers in their area.

Board certification is the only credential that the Florida Supreme Court accepts as being valid. You can be a super lawyer, which I am. You can be a part of the multi-million dollar advocates forum, which I am none of those are accepted by the Florida Supreme Court. I don’t know if that’s true in New Jersey.

Same thing in New Jersey.

Yes, there’s another thing also and you also talk about how things have changed over the last 25 years. But I’d like to talk for a second about how things have changed over the last five years when you and I, and I don’t know if this is true, but I had a — we call them 845s here. They’re kind of the motion calendar, quickie, five-minute stuff. I’m sure you have an equivalent there.

Sure.

We call them 845s because they’re at 8:45 in the morning. When we had 845s in the old days, you would go to court, you’d sit there for a half hour next to your opposing counsel, and you chat and get to know him and you would develop relationships with other attorneys. I don’t know about in New Jersey, but in Florida, these are all done by zoom now, and you don’t get that sense of camaraderie. You don’t get to build trust with the other people, just by the kind of pillow talk that we have in court.

The other thing is that when I was a public defender, I was in court every single day. I don’t know how many cases I tried. It’s really hard for a young lawyer today to get the kind of experience that they need to become board certified in civil trial law, they just can’t get in front of a in front of a jury.

So a lot more cases used to be tried, which means that a lot more attorneys became trained in how to try cases, and that’s been to the detriment of our industry, I think.

I think it’s a good idea for anybody like at our firm, one of our key performance indicators for our attorneys is trying two cases a year. We want everybody to try at least two cases a year. Because, look, I don’t want people to try 16 in a year like I did. That’s just insane, but you want to keep up your skills and try a couple cases of years. So you it’s an art trying a case.

And it’s not only keeping up your skills. But I’m sure, as you know, if you haven’t done it a lot in a while, you become trial shy, and all of a sudden, that settlement offer that you never would have accepted had you been had your trial juices going — well, you know, maybe I’ll take it, because there’s a little, there’s always a little anxiety that that seeps in before a trial, and you are more likely to settle a case for less.

I’m not saying necessarily under settle it — settle it for less than when you really feel like a confident trial lawyer.

Now we touched upon this earlier about taking legal action and how intimidating that can be for personal injury victims. So, what advice do you have for anyone who’s hesitant to pursue a case due to fear of going to trial or dealing with the court system?

One of our jobs is to hold the hands of our clients and to explain to them, step by step, exactly what’s going on and exactly how we are going to handle that, based on years and years of experience.

In Florida, it’s generally not hard to get somebody to call a personal injury lawyer, because frankly, we’re very litigious state, so people, people do call. But it is scary, and people have to realize that as much as we hear about trial law, the vast majority of cases don’t go to trial, and ultimately, whether it goes to trial is usually the client’s decision, and client absolutely doesn’t want to go to trial. It’s, it’s their case, not mine, and that’s, that’s their choice. And we may recommend against settling a case because we think the offer is too low. We may encourage the person to find a little more courage to go to trial, but ultimately, it’s their decision, and they need to know that at the end of the day, they are the decision maker in the case.

Speaking of verdicts, you’ve secured significant recoveries, whether it be by via settlement mediation or jury verdict for your clients. Can you share a particular story where you made a big difference in a client’s life? I’m sure there’s several, but if one stands out in your mind.

I think this is a case that you’re going to appreciate. I had a client who was referred to me. It was a herniated disc case, not a big deal. I got summary judgment on liability. In other words, I guess for the watchers or the listeners, I don’t know what they’re called, but for those of you who don’t know, it means that I proved fault. I proved it was the other person’s fault, and the only issue left was how badly hurt the person was and what the number was, so there was lots of coverage. This was a case that was referred to me and the referring attorney in Florida, it is customary to give a 25% referral to somebody who refers a case to us, and I am happy to do that.

So as a maybe a $40,000 case, the client was expecting, the referring attorney was maybe except expecting $5000, $6,000 referral thing. My client went in for steroid injections. Ordinarily, steroid injections are very, very common. Epidural injections are very, very common. I’ve had them myself. It’s very, very common. One of the side effects of steroid injections is that it reduces the amount of cortisone that your body produces.

So what happens is your glands that are measuring this say to themselves, I have steroids in my system. I don’t have to produce anymore. And then, as the what we call exogenous, in other words, the doctor administered injection wears off, then your body takes over again and regulates your cortisone Well, in this case, my clients adrenal glands and pituitary glands, shut down after the cortisone injection, but never restarted. And people who have what’s called an Addisonian crisis, or a an inability to produce cortisone in their body have to take these synthetic ones, which are amazing, but they have very serious side effects, including psychosis. It destroys your immune system, any number of things that destroys, this is a 41-year-old woman, she was a manager of a hair cutting establishment, but she happened to have about 400 stores under her and her doctors could never figure out why.

All of a sudden, her adrenal glands stopped producing cortisone, and she went to four endocrinologists, and the reason was that the endocrinology — she never volunteered. It happened about six, nine months after she got these injections, the doctors never thought to ask if she had had cortisone injections, and she never thought to volunteer it. And so, because I had medical malpractice experience, I was the one who actually put together that perhaps the cortisone injections are what caused this lack of cortisone production in her body.

And in fact, when I went to Johns Hopkins, you’ll appreciate this Lawrence. When I went to Johns Hopkins, my first question was, what caused her adrenal insufficiency? And he said, Oh, it’s the cortisone objections. So, I almost took a one question deposition, but in any event, as horrible luck would have it, she also developed ALS.

Oh, goodness.

Which is unrelated to what she had. But on one hand, she had this, this problem with and she was very in shape. And then after all these injections, she gained 80 pounds. It was just a horrible experience. So what happened was, because of her, ALS, for those who don’t know, is a neurological disease. You can’t catch it. it’s not germ based. It’s people don’t know why it happens, but it does. It’s fatal. It’s called Lou Gehrig’s disease, and you die from it eventually. You die from it because it slowly takes away your body’s ability to function, and for most people, eventually lose the ability to breathe, and you die from it.

But the nice thing about it is that, because it’s not a disease that is germ based, you can have your loved ones around you. But unfortunately, she also had this cortisone problem that made her highly immune insufficient, so she couldn’t have her loved ones around her. And so what I argued to the insurance company is, she’s going to die from the ALS, but she’s going to die alone because of the adrenal insufficiency. And by the way, the doctor who administered it, I had to convince him that he didn’t do anything wrong. She had an unusual, what we call an idiosyncratic, odd reaction to these injections.

He did nothing wrong. He did nothing that he doesn’t do to every other patient. There was no malpractice here. It was just a bad result, as you say. Ultimately, we got her a very large amount of money. But what was nice about it? We couldn’t do anything for her health, but we were able to help her to set up a foundation so that after she passed, the money would go to other people who were suffering some of the same things.

I feel like that’s — I feel awful. I love this woman. She’s one of my favorite clients. As horrible as it is, I put it in the win column, because by the time she was in extremis, she felt like she was carrying on something good and leaving something positive, and so did I.

That’s a great result from a terrible, terrible, tragic situation. All right, so let’s go to something a little bit lighter, dealing with insurance companies

Oh, a joy, always.

So when personal injury victims go up against large corporate insurance companies, what are the biggest legal challenges, and how have you helped the even the playing field?

Well, we talked about it a little bit before that. You know, I might be the I might be small, but I’m the mouse that roared. I will do whatever I need to do to win a case, if my you know, and I will not take a case that my heart is in, and I will not pursue and rest or under settle a case that my heart is in.

So, when I come to work in the morning, I feel very comfortable what I’m doing. I feel like I am fighting for a cause. I feel like I am an advocate, a gladiator for my clients, because they deserve it. I hope that answers your question. I’m not sure it does, but …

It does, and that’s also why you have the Superman Cape in the background,

Right, As I told you, I don’t know if we were on air, but I only wear that to court.

There you go. Now you practice in both you said early in your career, in New York and now in Florida. Are there any key differences in personal injury cases between the two states?

I haven’t done anything in New York in 25 years, with the exception of I tried, actually a probate case up there a couple of years ago. But one of the main things that I do remember with — one of the first things that struck me is that there’s a lot more depositions taken in Florida, which I believe raises the quality of a lot of the lawyering, because people are doing it so much, and it’s partly because in New York, it’s just such a pain in the butt to get around that people just don’t set depositions. It may have changed now that so many of them are being done by Zoom, but when I was. It wasn’t.

The other thing is that in New York, in medical malpractice cases, you didn’t even disclose who your experts are when you found out who your expert was in a medical malpractice case when they took the standard trial. I don’t know if that’s still true, but that was very different when I came here because everything is disclosed and on the table in Florida.

So if someone’s injured, what should they do? What should be their first steps? And why is it crucial to act quickly?

The first thing they should do is attend to their health. If they need an ambulance, they need to call an ambulance. Because as much as I’m happy to handle their case, their health always comes first. It is always the priority. We will not push somebody to do surgery for the sake of doing surgery. Ultimately, we are successful enough just with helping our clients to get healthy, and that’s what we want to do. And we won’t work with doctors who we feel is not conservative and who they’re willing to put a scalpel to.

The second thing they should do is, obviously, they should call the police as quickly as possible and make sure that there is an accident report. If they have the wherewithal, they should take pictures of the accident scene if they can, and figure out who any witnesses are. But often, in my case, in our cases, the victim is in no condition to do anything like that, and that’s fine. They’re taken away, or sometimes they’re airlifted away.

But once the health stuff is done, they should contact an attorney as quickly as they possibly can. And the reason is that we want to get fresh statements from witnesses. We want to get out to the accident scene and see if there’s evidence that we can find. Are there skid marks on the ground? Is there a broken guard rail that is going to be fixed in a few days? And we want to get a picture of it. We want to get investigators out there as are necessary. We want to make sure that the car, if we think that it’s reasonably going to be a an exhibit, we may purchase the car because we want to make sure that it is preserved. At the very least, we want to get pictures of it.

These things all go stale very quickly, and we need to move very fast on these things. But what the clients also need to know is, once they sign our retainer agreement, we will do all the work. Their job is to get better. Yes, we might have a couple of questions here and there, but we know what to do. We will not pressure them, we will not push them. We will not make them feel like they have to answer to us at a time when their priority really needs to be on getting back on the ball.

You know, it’s amazing. I’ve done these podcasts, you know, over for well over a year now, and the answers that you’re giving, it’s very similar to what I would be saying if you were doing the interview. And the top lawyers around the country all have the same mindset. So it’s always a pleasure to speak with somebody with a like- minded approach to the practice of personal and draw. And what is really important is the client and taking care of the client and making sure that they get better and that they take care of their medical because we know what to do, and we’ll work up the case.

There’s a there’s actually a car dealer up here that I kind of steal his tagline where he says, We’ll take care, or you take care of your family, your life and everything else, and we’ll take care of your car. And I said, I look you take care of your health and your family, we’re going to take care of the entire legal proceeding. You just take care of yourself and get better, which it’s wonderful to hear how you’re not going to push them into surgery, because there’s so many unscrupulous lawyers that will try to push people to maximize the value of the case. I don’t know how people do that. People like you and I, we have to look at ourselves in a mirror and know we did the right thing every day.

You know, we’re also — we’re lucky enough to be at points in our careers where it’s really just such a no brainer, because the cases are coming in. People trust us. I have never been anybody who did anything different from what I’m saying right now. But at the same time, it does get a little bit easier as you get further along in your career and you have the luxury, and, frankly, the finances, to be able to say no to things.

That’s true. So lastly, how can our listeners contact you?

They can go to www.RaderLawGroup.com. That’s probably the best way. Or they can call us at 954-913-2273, that’s 954 913 case, they can Google us. They can email us. They can e-mail us, they can e-mail here to help@cutlerator.com and also–

My gosh, I just said cutlerator, 10 years of habit. I’m sorry. www.dotheretohelp @raderlawgroup.com.

And finally, where, do you maintain offices? What counties in Florida do you represent people?

I have cases statewide, but my office is in Broward.

Thank you very much, and it’s been my pleasure.

Thank you for inviting me. I would love to speak to you again and Don Thank you.

Thank you for tuning in to Victim, to Victory the personal injury playbook. We hope you found today’s discussion insightful and helpful as you navigate the complex legal system, if you or someone you know suffered from a personal injury, don’t hesitate to reach out to us at 1-800-489-0004 our team is here to help take you from victim to victory. Remember, taking legal action after a personal injury is a critical step in protecting your rights and securing your future, so don’t wait. Make the call today and let us help you fight for the compensation you deserve. We’ll be back next week with more expert insights and information.

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