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Will I Get My Day In Court?

Will I Get My Day In Court?There’s a lot of romance and drama attached to the courtroom. It’s the centerpiece of an uncountable number of films, books, and TV shows, the place where lawyers unearth their opponents’ dirty laundry, make bold accusations disguised as questions, and cow witnesses into breaking down and admitting the truth. The courtroom is a setting for clever thinking, flawless reasoning, and emotional speeches. It’s all great fun, but chances are good that even if you file a suit, you’ll never see your trial take place – and you’re actually better off that way.

Robbing The Courtroom Of Drama

The thing about modern court cases, whether they’re civil or criminal, is that there really aren’t any sudden twists or shocking revelations on the courtroom floor. It’s unfair to make one side or the other defend against something they didn’t know about beforehand, and the justice system is supposed to be about fairness above all else.

That’s why every case goes through a lengthy discovery process before the trial begins. The idea is for the two sides to take... full post

You Can’t Always Blame The Weather

You Can’t Always Blame The WeatherWinter is a time when most of the United States experiences frost, snow, ice, and other forms of frozen water that make it difficult to drive. Snow can even fall as far south as Florida, although what little of it shows up does so in the panhandle region. Still, if you were to describe slippery conditions, most Florida drivers who’d had to drive through a rainstorm would know exactly what you were talking about.

And with more treacherous roads comes a higher risk of accidents, both the kind where you careen off the road and the kind where you skid into other vehicles. But how can you determine fault when Mother Nature is foremost to blame?

Preexisting Conditions

Unfortunately for drivers, courts and insurance companies are generally unsympathetic to people who claim that the weather is the reason they skidded into an intersection or fell off an embankment. The fact is that the presence of ice, snow, or driving rain should be obvious to anyone with enough eyesight to legally drive a car, and so it’s a driver’s responsibility... full post

Top 7 Causes Of House Fires

Top 7 Causes Of House FiresThe winter season is full of holiday cheer and delicious hot chocolate. Sadly, house fires are also incredibly common during the winter season. The National Fire Protection Association, also known as NFPA, states there are more than 360,000 home structure fires each year and result in about $6 to $8 billion dollars in property damages.

The causes of these fires can vary from leaving food unattended on the stove to forgetting to turn off your holiday lights. From the moment a fire starts to the moment where the house is fully engulfed is usually less than two minutes. This is why it is so important for occupants to get out of the home as soon as possible and to not try and put out a large fire themselves.

The best way to keep yourself protected from a house fire is to prevent one from occurring in the first place. Here are the seven most common causes of house fires as stated by the National Fire Protection Association.

1) Candles

These types of fires are especially common in December and January during the holiday... full post

Why You Should Have A Lawyer By Your Side

Why You Should Have A Lawyer By Your SideNot every legal matter needs the use of an attorney. For example, fighting a speeding ticket or going to small claims court really don't need legal help for. However, many other situation involving a legal dispute, challenge, or deal, you may not want to risk going it alone without a lawyer by your side.

Still not convinced? Here are a few reasons why you want the advantage of a lawyer.

The Law Is Complicated

Unless you are a law professional yourself, you really shouldn't try to act like one. Even experienced lawyers know better than to represent themselves in court. Without the help of a trained and emotionally detached attorney by your side, your case can quickly unravel. That aside, the law is a pretty complicated thing and you should save yourself the headache by having a lawyer to help.

It May Cost You More To Go Without

Often the reason you avoid contacting legal help is because you don't want to hurt your wallet. It is a completely understandable reason, but refusing to seek legal assistance often costs... full post

What You Should Know About Pedestrian Accidents

What You Should Know About Pedestrian AccidentsPedestrian accidents can be a scary experience for both driver and pedestrian. Sadly, this is not an uncommon occurrence. According to the National Highway Traffic Administration, over 60,000 pedestrians were injured in traffic accidents in 2006.

What Should You Do After A Pedestrian Accident?

Safety comes first! Make sure to get any injured persons to a place of safety. Do not try to give them medical treatment beyond what is required of you in an emergency. Call 9-1-1 to ensure that the injured individual gets the medical attention they need straight from the professionals.

Next contact the police and auto insurance providers (both for the driver's and the pedestrian's). Make sure to be honest as possible to them about what happened.

As long as the pedestrian is not incapacitated, make sure to exchange your name, phone number, and insurance information with them. However, don't talk to them about much else and especially not about how the accident took place. Making statements like "I'm so sorry" could end up hurting you later on. You should also avoid saying too much to the... full post

Top 9 Worst Driving Distractions

Top 9 Worst Driving DistractionsDriving distracted endangers not only those behind the wheel, but also their passengers, pedestrians, and fellow road occupants. In fact, drivers using hand-held devices such as smartphones or iPods were four times more likely to get into a serious than those who didn’t. That is only one of the most dangerous distractions around.

1) Food and drink

In a survey, 51% of drivers admitted that their driving had been compromised at least once due to eating or drinking while behind the wheel. When we’re in a rush, it seems only natural to eat on the go especially with the ease of drive thru restaurants. As much as you might believe that you can drive and much on something at the same time, it is more distracting than you think and not worth the risk.

2) Music

Believe it or not, 61% of motorists admitted that they had been distracted while driving due to their radio, CD player, and even their iPod. This can be especially distracting if the driver was flicking through songs or switching radio stations while on the road. So as nice as... full post

5 Tips To Keeping Safe On A Long Drive

5 Tips To Keeping Safe On A Long DriveWith the holidays around, many are traveling to see their friends and family over the holiday seasons. For some of us, that is just a simple half an hour trip. However, for others this may be quite a few hours or even a day’s trip to see them.

If you’re planning to take a long road trip, you need to plan in advance. We’re not just talking about packing, long drives can really take it out of you and it may be dangerous if you are not prepared for it. That’s why we came up with a few tips to keep you safe on the road.

1) Get the rest you need beforehand

Make sure you get at least seven hours of sleep for two nights in a row before you head out on the road. This way you are unlikely to get drowsy while out on the road. Also it is recommended that you avoid driving between 1 and 3 p.m., this is when most people get naturally drowsy. If your trip is especially... full post

A Quick Look At Concussions

A Quick Look At ConcussionsYou have probably already seen countless cartoons and adult comedies where someone was given a blow to the head and had some form of a concussion. Though concussions are the most common and least serious type of traumatic brain injury. However, that doesn’t mean it is one you should ignore.

What Is A Concussion?

The brain is made of a bunch of soft tissue and is cushioned by the spinal fluid and encased in the protective shell of the skull. When you have sustained a blow to the head, the impact can jolt your brain and cause a concussion. Occasionally, it has literally caused your brain to move around in your head. Traumatic brain injuries, such as concussion, causes bruising, damage to the blood vessels, and injury to the nerves.

What Are The Signs & Symptoms Of A Concussion?

Concussions can be a bit tricky to diagnose. Though you may have a visible bruise or cut on your head, you can’t actually see a concussion. Not to mention that symptoms may not appear for days or weeks after the injury. Some symptoms can last for... full post

The Problem With Pesticides

The Problem With PesticidesThough pesticides are designed to kill bugs and rodents, their mode of action is not specific to one species including humans. The World Organization estimates that there are 3 million cases of pesticide poisoning each year and around 220,00 deaths as a result. With those kinds of numbers, it is scary to know just how dangerous these chemicals really are.

What Are Pesticides?

Pesticides are the only toxic substances that we purposely released into our environment in order to kill living things. These substances are used to kill weeds, insects, fungus, rodents, and others.

Using these toxic pesticides to manage pest problems has become quite a common practice around the world and is used almost everywhere. Though agricultural fields use a large amount of the world's pesticides, pesticides can be found in homes, parks, schools, buildings, forests, and roads. In fact, it would be more challenging to find somewhere that doesn’t have or use pesticides. From a can of bug spray under the kitchen skin to the crop dusting of the farm land, our world is simply filled with them.

Pesticides And Its Effect On Human Health

There has... full post

Who Qualifies For Worker's Compensation?

Who Qualifies For Worker's Compensation?If you become ill due to your work or were injured on the job, you may entitled to workers’ compensation benefits. Workers’ compensation is an insurance program that is required by state law that ensures employees who have suffered work-related injuries or illness receive financial compensation.

Employees who are eligible receive compensation for lost work and medical bills, regardless of who was at fault, in exchange employees forfeit the right to sue their employers for those injuries or illnesses. Though there are a few exceptions to this rule.

For the most part, there are three basic eligibility requirements for workers' compensation benefits:

1) Employer Must Be Covered By Workers' Compensation

Not all employers are required to have workers' compensation coverage. Laws can very a bit from state, but an employer's responsibility to provide coverage typically depends on how many employees it has, the type of business, and the type of work the employees are doing. However, the majority of employers are required to carry this kind of coverage.

2) You Must Be An Employee

It may surprise you to hear, but not all workers are employees when... full post

What If The Other Driver Is Uninsured?

What If The Other Driver Is Uninsured?No one wants to think about what may happen in the event of a car crash, or other automobile accident, but when things like this occur, that’s when insurance companies step in. Except when they don’t.

Unfortunately, it’s far more common than people think. In a study conducted in 2011, it was found that the national average for America was one in every seven drivers may be on the road without any kind of auto-insurance. These drivers may need a car, but either don’t want—or can’t afford—monthly insurance payments, so they cancel their insurance policy once they’ve used it to get approval on a car.

Florida is a “No Fault” state, meaning that for damage of up to $10,000, insurance companies can automatically handle these payments without any need for going to court. But what happens if you get into an accident with an uninsured driver here?

Making It Right Afterwards

If you get into an accident where you are not at fault but the other party has no automobile insurance, there are essentially three options.

It is possible for you yourself to... full post

Self-Driving Cars Are Going To Change Accident Law

Self-Driving Cars Are Going To Change Accident LawAs part of his last year in office, President Obama announced his intention to help the future of personal transportation arrive a little faster. He is committing four billion dollars to the research and testing of self-driving cars, as an attempt to accelerate the entry of this high-tech advance into the mainstream. Essentially, he would like to see to it that everyday Americans can have the opportunity to buy and use self-driving cars and by providing more funding for tests and live, on-the-field research and evaluation, it brings this future a little faster.

Surprisingly, Florida is one of the pioneering states that is already participating in the testing of self-driving cars. This means that locals may one day either see—or even own—a car that can drive and park itself with no aid from a human driver.

For the very large retired population of Florida, this may be a potentially great chance to regain some independence and mobility. It would allow the aged and infirm to once again enjoy the ability to go where they please in a car,... full post

2 Personal Injury Cases That Refined And Redefined The Law

2 Personal Injury Cases That Refined And Redefined The LawAmerica sometimes has the reputation of being a litigious society, a place where a person will sue you at the drop of a hat (and then sue the hat for good measure). But aside from the fact that this is clearly an exaggeration, is it really so bad to want just compensation for an injury? Seeing justice done through the criminal law system is all well and good, but government fines and prison time don’t provide any benefit for the victims.

Personal injury and other civil cases are how individuals in our society can demand fair payment from others who are unwilling to provide it, and oftentimes a civil ruling can change how our laws are defined thanks to the precedent system. And the following cases have done exactly that:

Escola V. Coca Cola

There’s always been a certain degree of “let the buyer beware” inherent to our legal and economic systems, but over time we’ve shifted away from customer responsibility and towards manufacturer responsibility. After all, one manufacturer who makes... full post

A Good Restaurant Is A Safe Restaurant

A Good Restaurant Is A Safe RestaurantFew businesses have as many patrons per day per square foot as a restaurant or a café. Partly this is thanks to their ability to attract repeat business, and partly it’s thanks to how restaurants can’t be replaced even in an age of online shopping.

However, because they have so many visitors every day and because they serve food, it’s especially important for restaurants to provide as safe and as healthy an environment as possible. There are a lot of things that can go wrong in a restaurant and harm a visitor, and even if your insurance covers premises liability, you’re sure to start paying higher premiums afterwards.

Only Hire Trained Chefs

The very first thing a chef in training learns is how to handle meat and other potentially contaminated foods safely and without adding any germs of his or her own. It’s very important for your chefs to know things like what temperature beef needs to reach to be safe to eat versus meats like pork and chicken because food poisoning doesn’t just threaten your bottom... full post

Sometimes Pain Is Not Gain

Sometimes Pain Is Not GainExercise is hard. That’s why a lot of people have trouble getting started with exercise and with settling into a routine even after they manage to figure out which fitness program works best for them. You may wind up with lingering pain and soreness after a workout, especially if you haven’t exercised for a while before that point, but soreness is a natural part of the process and it’s something you’ll have to fight through if you want to see any progress.

However, if you feel a sharp or a stiff pain in your back or in one of your joints, then you’re experiencing something far less healthy than muscle strain.

Repetitive Stress And Stress Fractures

Outside of a sudden accident, there are two kinds of injury you should watch out for: repetitive stress injuries and stress fractures.

Repetitive stress injuries are almost always experienced by athletes who have been exercising hard for years, but even sedentary workers can experience something like carpal tunnel syndrome if their wrists aren’t properly supported. Still, if you’re over a certain age or you have arthritis,... full post

Subdural Hematomas: The Threat Of A Light Tap

Subdural Hematomas:  The Threat Of A Light TapBrain injuries are hard to catch at the best of times, but at least there’s usually a specific instance you can point to that created the problem: a hard fall, a car accident, a nearby explosion. However, under the right circumstances, there’s one class of brain injury that can occur after nothing more serious than bumping a rafter or jerking your head back and forth suddenly.

What’s Happening?

When you get older, into your 60s or 70s, your brain may start to shrink. This doesn’t mean you’re going senile, it just means that your brain is occupying less space.

At the same time, however, the inside of your skull is padded with a membrane called the dura. But while your brain may decrease in size, your dura layer will remain just as thick, creating an open space between the two. While this space makes it a little easier to sustain a brain injury on its own, the real trouble comes from the fact that the dura is still connected to the... full post