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How Long After An Accident Do You Have To File A Lawsuit?

how-long-after-an-accident-do-you-have-to-file-a-lawsuitIf you've been injured as the victim of a car accident, you may be eligible to receive compensation. However, your eligibility does not last forever. A statute of limitations exists that determines how long after an accident you can file a lawsuit.

What Are Statutes Of Limitations?

Statutes of limitations specify the maximum period of limitation for initiating legal action. Statutes of limitations can vary from state to state and by crime. If the statute of limitations expires in a criminal case, there’s a good chance that the claim will no longer be able to be filed. If it is filed, it can be struck down by the defense because it was filed after the statutory limitations period.

If you’re involved in an auto accident, you’ll likely be dealing with a civil case. Any criminal charges will be brought about by the police department handling your case. Filing a civil case is the way to go about collecting the damages you’re owed. Civil cases commonly refer to statutes of limitations as “periods of prescription.” The periods of prescription are determined by the cause of action in the case. Civil cases tend to... full post

Florida’s Workers’ Comp Rate Cut 10%

floridas-workers-comp-rate-cut-10Recently, an order to decrease workers’ comp rate levels and premium levels was approved. The order, which goes into effect on January 1, 2018, affects both new and renewal workers’ compensation policies. The move is expected to help businesses across the state.

Workers’ Compensation In Florida

Florida’s workers’ compensation system provides no-fault coverage. The system exists to protect those who are injured while working and provide them access to the medical benefits necessary to again make them whole. If a worker has missed work for more than eight days as a result of an injury, they are also entitled to lost wages benefits.

Workers’ compensation is not cheap for Florida businesses. In 2016, employers in the state paid $3.8 billion in workers’ compensation premiums, up a billion dollars since 2012.

Approving The Order

The order was issued by Florida Insurance Commissioner David Altmaier. It granted approval to the National Council on Compensation Insurance (NCCI) to decrease the overall statewide rate level by 9.5%, and the premium level by 9.8%. NCCI works on behalf of insurance companies to file recommended rates. It submits its rates annually to the state of Florida for... full post

Florida Legislature Seeks To Reform Workers’ Comp

florida-legislature-seeks-to-reform-workersWorkers’ comp has been an issue the Florida Legislature has sought to resolve for years. Although the Legislature has failed in the past, a new bill recently cleared the Commerce Committee by a vote of 18-8. As a result, the bill will now head to the House floor for a vote.

Failed Attempts To Pass Reform

Last spring’s attempt at reform came about as the result of two Florida Supreme Court decisions that led to a 14.5% workers’ comp rate increase. The Legislature attempted to solve the state’s rate problems with two bills – one in the House, and one in the Senate. The Legislature worked to hammer through the differences in the two bills but ultimately could not come to a resolution.

The House and the Senate could not reach an agreement over attorney fees, causing the bills’ failure. The House passed an 11th-hour amendment that capped attorney fees at $180 in an attempt to reach an agreement with the Senate. The Senate, however, capped fees at $250 an hour and were not willing to cooperate. The Senate voted down a measure that would have reduced fees to $200 an hour.

Another Attempt... full post

Florida Drivers Keep Crashing Into Buildings

florida-drivers-keep-crashing-into-buildingsFlorida is currently in the middle of an epidemic, although it’s not one you may think. More cars are crashing into Florida buildings than in any other state. The state owes it to their citizens to keep them safe, which is why there have been recent attempts to curtail the accidents.

A Bigger Problem Than You’d Think

The Storefront Safety Council investigates instances in which cars crash through buildings. They provide research, statistics, and recommendations to help end the problem. According to the SSC, cars crash through buildings over 60 times a day. The accidents annually result in 4,000 injuries and 500 deaths.

The SSC indicates that nationally, the two age groups with the highest number of drivers crashing through buildings are 20-29, with 18%, and the elderly, with 14%. The group has found a strong correlation between the number of registered drivers in a state over 65 and the number of storefront crashes.

Their website also said that “Florida far and away leads the United States in the number of crashes and rate of crashes versus percentage of licensed drivers. Even though California has 400,000 more licensed drivers than Florida, Florida’s... full post

Could Florida’s Personal Injury Protection Mandate Soon Be Over?

could-floridas-personal-injury-protection-mandate-soon-be-overOver the past few years, there has been significant controversy and discussion surrounding Florida’s personal injury protection mandate, otherwise known as the no-fault auto insurance system. The discussion is again being taken to the state Legislature and will be heard during the 2018 session.

Why Repeal No-Fault Auto Insurance?

Florida has seen a rise in fraudulent activity that takes advantage of no-fault auto insurance policies. In 2012, the Legislature passed measures in an effort to curb fraud, but it has not been successful. This is the primary reason state Senator Tom Lee of Thonotosassa filed a bill that would repeal the mandate completely.

Lee said, “While well-intentioned anecdotally, Florida’s Motor Vehicle No-Fault Law has resulted in widespread fraud, abuse, and a complex litigation process. Since its enactment (in the) ‘70s, the value of the PIP benefit has eroded, while Florida’s auto insurance premiums continue to rise.”

There seems to be a growing push to repeal the measure; or, at the very least, an acceptance of the fact that the mandate’s time is coming to a close. Jeff Atwater, former Florida Senate president, recently said, “I do believe the sunset of PIP will... full post

Contact A Professional Accident Lawyer When Airbag Non-Deployments Occur

contact-a-professional-accident-lawyer-when-airbag-non-deployments-occurVehicles have come a long way over the years. Advancements in technology have made engines faster, and body styles are lighter than ever before. The improvements also make traveling safer thanks to anti-lock brakes, airbags, seatbelts, and other features. All drivers and passengers should thank the various crash dummies that have sacrificed so much over the years to make these attributes possible. Southwest Florida offers the ideal scenery and climate to take the wheels out for a spin, anytime. These conditions result in our Port Charlotte community thriving from the tourism income. However, the increased revenue does not come without a price, and we must share our roadways with drivers and pedestrians that are newcomers to the area every day.

Even driving most courteously and safely does not eliminate the risk of being involved in an automotive accident entirely. For instance, imagine that you are in your car going down the road. Both hands are on the steering wheel, and no distracted driving is taking place. The freeway is full of traffic on this particular day and without warning your front tire blows out. This action causes the car to swerve into... full post

An Automotive Recall Can Leave Drivers And Passengers In Need Of A Car Crash Lawyer

an-automotive-recall-can-leave-drivers-and-passengers-in-need-of-a-car-crash-lawyerMany of us take the conveniences that our vehicles add to our lives for granted. A driver can hop in a car, at any time, and head out in search of food, clothing, or whatever the moment holds in store. People that are more spontaneous can even venture off on cross-country trips to visit landmarks and other locations in an instant. Automobiles provide retail outlets with essential goods that consumers need to make it through the rat race that is called life, while taxis, limos, and other driving services allow them to get from one destination to the next. Most folks feel comfortable and safe when they get behind a car's steering wheel. They do not expect an accident to occur, nor do they intend for one to happen. However, these incidents are always a possibility, but whenever an automotive recall is part of the equation, the risks of becoming involved in a wreck significantly increases.

Have you been involved in an automotive accident, and do you believe the negligent act of a manufacturer is to blame? If you answered yes, and live in Punta Gorda, or a surrounding city, our car... full post

Wrongful Death Can Be Caused By Wrongful Acts

Wrongful Death Can Be Caused By Wrongful ActsThe unexpected loss of someone close to us can, unfortunately, happen in numerous ways in the blink of an eye. Beyond the random, unavoidable occurrences, such as a severe illness, or loss due to some extreme environmental catastrophe like an earthquake or a hurricane, there are plenty of more down-to-earth situations that result in the loss of life.

Wrongful death is, sadly, one of those instances. Wrongful death is when the surviving family members of someone who has died realize that someone else was responsible for a death that was otherwise preventable and decide to go to court. In many cases, wrongful death is usually about negligence, which means that a defendant is being taken to court because that person, group or business had a basic responsibility they were expected to perform, and failed to exercise that responsibility, which resulted in death.

But there is another instance in which wrongful death can occur, and a personal injury lawyer would be required for a court case. This is known as a “wrongful act.”

Not An Accident

In Florida, a wrongful act is legally interpreted as an intentional act... full post