PRACTICE AREAS


Insurance Defense & Risk Management

Serving major insurers, underwriters, protection & indemnity clubs, manufacturers, governmental entities, and individuals, Metzger Law Group, P.A. has experience in all phases of personal injury and property damage litigation. Areas of practice include transportation liability, coverage, automobile and premises liability, professional and products liability, cargo and property damage, commercial general liability, special investigative unit (SIU) and fraud, errors and omissions, employment practice liability, subrogation and indemnification, reinsurance, bad faith extra-contractual exposure, life and health insurance, and international insurance litigation.

Construction Law & Litigation


​Auto & Truck Negligence

The attorneys of Metzger Law Group, P.A. auto negligence practice handle any variety of automobile or trucking accidents, ranging from the most minor fender bender accidents, to more involved hit and run pedestrian accidents, to more complex multi-vehicle accidents, trucking accidents and motor cycle accidents. Whether the claim involves a simple soft tissue injury, or is a more complicated catastrophic injury or wrongful death case, we can effectively and efficiently handle your defense. We have vast experience in all nature of claims, first party, third party, underinsured and uninsured claims.
Our attorneys are well versed in motor vehicle regulations, trucking record retention and licensing requirements and the Federal Motor Carrier Safety Administration. Our vast experience and depth of knowledge set us apart for our competition.


​Mediation

Mediation is one of the most efficient ways to settle a legal dispute. It is especially helpful in personal injury cases and makes it possible for both sides of a dispute to reach. It allows everyone involved to share their thoughts and opinions regarding the matter at hand, so there is a peaceful and cost-effective settlement that addresses both the financial and emotional issues in a case.
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Benefits of mediation include:

  • Control of the outcome

  • Financial and time savings

  • Opportunity to express concerns and feelings about the situation

  • Teamwork and a sense of camaraderie

  • Preservation of existing mutually beneficial relationships

  • Easier transition from one phase to another, both personally and in business

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The key to a successful mediation in Florida is to find a mediator that has the experience and skills to facilitate productive discussion. When a mediator understands the situation entirely and is able to keep disputing parties focused on resolving the matter, mediation is almost always a success. Mediation has an extremely high success rate and can be effective even when disputing parties appear to be nowhere near a solution. All it takes is a mediator willing to focus on finding the best solution for all involved.

Kari Metzger is committed to understanding the individual needs of clients and providing the broad spectrum of legal knowledge and expertise necessary to effectively and efficiently handle your case. Clients receive individual attention and are able to obtain a resolution that is cost effective and fair. If you are interested in using mediation to settle a legal dispute in Florida, contact Kari Metzger at 813.288.2650 or by email at kam@metzgerlaw.net or contact@metzgerlaw.net.


​Arbitration

Arbitration is a form of alternative dispute resolution that helps disputing parties avoid the frustration and expense of a court trial. It utilizes the expert opinion of a neutral third-party to help settle disputes that might seem bound for the courtroom. Fortunately, when a Florida legal dispute can be settled through arbitration, it is beneficial to everyone involved.
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Benefits of arbitration include:

  • Time savings

  • Money savings

  • Confidentiality

  • An opportunity to have a say in the matter

  • Ability to settle a dispute without making an enemy of the opposing side

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Arbitration puts the outcome of a dispute into the hands of a neutral third-party, but unlike a trial, it does not include a long, drawn-out legal battle. Parties state their case and rely on the expertise of the mediator to provide the best solution, making the process as easy as possible for those involved.

Are you interested in using arbitration to settle a legal dispute in Florida? Joe and Kari Metzger are experienced arbitrators whose primary focus is in personal injury disputes. Joe is Board Certified as a Civil Trial Lawyer by the Florida Bar, which is the highest level of evaluation by the Florida Bar of competency and experience within an area of law, professionalism, and ethics in practice. He has also been AV-Rated by Martindale-Hubbell Peer Review Ratings.

Both Joe and Kari understand how the world of insurance claims work and are willing to help all parties reach a resolution that is fair and satisfactory. To learn more about how arbitration can help you reach a settlement fast and affordably, contact Joe or Kari at 813.288.2650.


​Personal Injury Protection

The attorneys at Metzger Law Group, P.A. assist insurance companies in evaluating whether the claims presented for personal injury protection benefits and medical payments benefits under both personal and commercial automobile insurance policies are covered under the terms and conditions of the policy; whether the medical expenses incurred are reasonable; whether the medical treatment was related to the accident and whether the treatment provided was medically necessary. We further assist our clients in determining whether the medical providers and the opposing attorneys have followed the procedures set forth in §627.736, Florida Statutes. We keep our clients advised of changes and updates in PIP law and will present seminars upon request.


​Insurance Law

Liability insurance is usually purchased in terms of “limits of liability,” the maximum amount the policy will pay on a single incident. Limits of liability are sometimes divided into bodily injury and property damage, and should include covering the costs of defending the insured in court.
A liability insurance policy has two separate obligations. One is to pay the covered liability of an insured. The other is to defend the insured should the insured be sued.
Traditionally, the law provides that when an insurer has the duty to defend the terms and conditions of its policy for the insured, it pays for the defense. The defense lawyer is representing the best interests of the insured and being paid by the insurance company. The insurer thus has standing relationships with law firms who do “insurance defense” work, i.e., defend the insured under policies.
Insurance defense work arises from the outside claim counsel needs of insurers in local areas where the claim is litigated. It may involve contract areas such as resolving disputed first party claims, but most litigation involves tort issues of liability claims. A strong third party defense requires a thorough discovery phase in ensure all relevant aspects are considered in settling the claim or determining appropriate judgment.
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The law firm of Metzger Law Group, P.A. primarily focuses on general insurance defense litigation. The firm’s attorneys are members of the Defense Research Institute, Florida Defense Lawyers Association and ABA Tort and Insurance Law Sections. The firm represents and defends self-insured companies and commercial, personal and surplus line insureds in personal injury and wrongful death lawsuits. The firm also represents and defends insurance companies in coverage disputes and bad faith litigation. The partners are committed to a policy of aggressive claim handling and cost effective defense litigation which has resulted in discount settlements, dismissal of claims and most importantly, defensive verdicts.
A strong third party defense requires a thorough discovery phase in order to ensure all relevant aspects are considered in settling the claim or determining an appropriate judgment.


​Insurance Coverage

Insurance documentation must be carefully developed to provide legitimate coverage for the first party and third party protection provided, yet not be open to interpretation for unrelated claims.
The law firm of Metzger Law Group, P.A. practices in the area of insurance coverage including evaluations, opinions and litigation in both state and federal jurisdictions. The firm’s coverage experience ranges from general commercial lines, homeowners, automobile, environmental and professional insurance programs as well as excess and surplus lines and reinsurance issues. The firm’s attorneys have participated in numerous national conventions on insurance coverage litigation and are currently involved in national insurance coverage litigation. We can provide in-depth analysis of your existing policies to minimize any potential risks.
All too often, consumers and businesses claim that they were mistreated by insurance carriers. This insurance “fraud” is often described in the law as “bad faith,” termed after the “covenant of good faith and fair dealing” that is implied by law in every insurance contract. Bad faith actions can frustrate the normal course of litigation and can result in threatened punitive damages against the insurance carrier. The aspect of punitive damages makes these types of claims especially appealing to Plaintiffs and their lawyers in circumstances where there is a large amount of damages and minimal or no insurance coverage. The attorneys at Metzger Law Group, P.A. are sensitive to these issues and are experienced in recognizing potential bad faith allegations and diffusing the allegations at the onset, so as to prevent them from escalating into an actual lawsuit or additional cause of action in an existing lawsuit.
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If your claims department or business would be interested in having the firm’s attorneys present a seminar on “Claims Adjustment and Investigation: Avoiding Bad Faith” please contact our offices.


​Professional Liability/Professional Malpractice

Professionals need liability insurance because, as humans, mistakes can happen, even to people considered experts in their fields. Professional liability insurance, sometimes referred to as errors and omissions insurance, protects against unintentional professional mistakes or misjudgments that cause damage to others.
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The attorneys of Metzger Law Group, P.A. have extensive experience in defending professionals including lawyers, physicians, dentists, chiropractors, plastic surgeons, psychiatrists, social workers, church professionals, therapists, nurses, nursing homes, accountants, financial advisors, real estate and insurance agents and computer consultants in federal and state courts. With our methods of research into these fields and access to other subject matter experts, we ensure your perspective is an integral part of a fair judgment or settlement.


​Premises Liability

Premises liability insurance provides the insured liability protection from injuries and damage experienced by a third party on their premises. Section 768.0710 (2), Florida Statutes, sets forth the burden of proof that a Plaintiff in a civil action for negligence must meet in order to sustain his or her case against the owner or possessor of a premises. Specifically that statute states:

(2) In any civil action for negligence involving loss, injury, or damage to a business invitee as a result of a transitory foreign object or substance on business premises, the claimant shall have the burden of proving that:

(a) The person or entity in possession or control of the business premises owed a duty to the claimant;

(b) The person or entity in possession or control of the business premises acted negligently by failing to exercise reasonable care in the maintenance, inspection, repair, warning or mode of operation of the business premises. Actual or constructive notice of the transitory foreign object or substance is not a required element of proof to this claim. However, evidence of notice or lack of notice offered by any party may be considered together with all of the evidence; and

(c) The failure to exercise reasonable care was a legal cause of the loss, injury, or damage.

Thus, under Florida law, the mere fact that a Plaintiff alleges negligence is not enough to get the case to a jury. Plaintiff must come forward with some evidence that the premises owner failed to maintain, inspect, or operate the premises with reasonable care.

The owner or operator of a business, for example, has a legal duty to maintain the premises in a reasonably safe condition, or at least warn the public of a dangerous condition that they caused, were aware of, or should have been aware of. The key term here is “reasonable.”

Under Florida law, a premises owner is not responsible for an injury simply because it occurred on its premises. Given this fact, the initial discovery phase of a premises liability case is extremely important. The specific factual details regarding the allegations being made by the Plaintiff are critical in such a case. If the Plaintiff can not meet the burden of proof set forth in section 768.0710, Florida Statutes, then oftentimes the matter will be dismissed by the court on a defendant’s Motion for Summary Judgment, prior to trial. The attorneys at Metzger Law Group, P.A. are extremely successful in developing premises liability cases to show that the incident occurred due to the acts or omissions of the Plaintiff, a third party, or were simply an accident not due to any fault of the premises owner. Our attorneys have been granted numerous summary judgments on these issues and have obtained many defense verdicts on premises liability cases that have gone to trial.
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Additionally, Florida’s transient population and significant crime rate requires effective premises liability defense litigation in the area of negligent security cases. Metzger Law Group, P.A. also aggressively defends premises liability claims based on false imprisonment, kidnapping, sexual and other assaults and wrongful deaths.


​Product Liability

Product liability defense provides legal defense for designers, manufacturers and distributors of products who have been sued based upon a Plaintiff’s allegations that a product was poorly designed, poorly labeled, had a manufacturing defect, was tampered with, or overall had something go wrong with it in the course of its production or distribution. Most products are regulated and tested by either government or trade organizations to protect the public and most manufacturers have internal quality control programs to ensure that the product they produce is safe for the public and fit for its particular purpose. If the product is used properly in the manner described by the designer, manufacturer or distributor, liability for injury or damage associated with a product or its use can be limited or eliminated altogether.
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The attorneys of Metzger Law Group, P.A. have defended manufacturers, distributors, and sellers in personal injury and property damage cases involving alleged defects in design, manufacture, production, labeling, such as insufficient warnings or failure to warn, and distribution. The firm’s partners have significant experience in product liability defense litigation, having defended major motor vehicle manufacturers against product liability claims involving air bags, rollovers, seat belts, unintended acceleration and the crashworthiness doctrine. Additionally, the firm’s partners have defended other manufacturer’s products including electrical appliances, elevators, dental lasers, lawn mowers, forklifts, medical devices, spinal implants, paint and lacquers, pyrotechnics and gas tanks against defect theories based on design, manufacture, breach of warranty and failure to warn.


​Civil Trial & Appellate Litigation

The members of the firm provide experienced advocacy to manage risks, resolve business and insurance disputes, and pursue claims in state courts, federal courts, arbitration, administrative proceedings or international tribunals. Substantive areas of litigation handled by the firm involve commercial disputes; personal injury, insurance and employment litigation; maritime and transportation law; construction law; banking & debt recovery; and, international business disputes. The firm includes experience in litigation through Florida Bar Board Certification in Civil Trial Litigation, service on trial & appellate court rules drafting committees, service as chief editor of litigation articles in a major bar journal.




​Contact the offices of Metzger Law Group, P.A., conveniently located in
​the Tampa Bay area, for more information or a consultation.