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Preparing For Your Meeting With A Personal Injury Lawyer

Preparing For Your Meeting With A Personal Injury LawyerWhen you’ve been injured in an accident that wasn’t your fault, you’ll likely decide that it’s worth taking some time to look into whether or not you can receive financial compensation for your injuries. No matter the type of injury or the severity of it, the entire process will begin with a consultation visit with your attorney. There are several steps you should keep in mind that will help you get the most from this initial consultation, and going into it prepared will help them get the clearest idea about what your case involves and how they can help you.

With that in mind, let’s look at some of the key steps you need to take when preparing to meet a personal injury lawyer.

Start by finding the right one. Do some research and identify an attorney that is skilled, experienced, and that has a history of handling your type of injury case.
Gather your personal information. In general, all you’ll need is your driver’s license but if you have additional information that will... full post

The Top Things To Look For In A Personal Injury Lawyer

The Top Things To Look For In A Personal Injury Lawyer When you’re injured in an accident, it’s important that you not only find the right medical professional to care for your physical and mental injuries, but also that you find the best legal professional to help you with the injuries done to your finances. Financial hardships can easily occur as a result of accidental injuries, and when that accident was caused through the reckless or negligent behavior of another person, it’s clear that you need to consider finding the right attorney for your situation.

There are a lot of personal injury attorneys out there, and it’s vital that you take the time to find the one that will work best for you. Luckily, remembering a few key things can help make it easier to do. Here are some of the top points to look at when finding your personal injury lawyer.

Proximity – While you won’t have to visit your attorney on a constant basis, you will still need to spend some time periodically visiting their office... full post

How Fault Is Determined In An Auto Accident

How Fault Is Determined In An Auto Accident When you’re involved in an automobile accident, one of the primary things that authorities will try to establish early on will be fault. Figuring out who is to blame has a major impact on what insurance company is handling the damages as well as on other aspects of the next weeks and months. But for those who are injured in accidents caused by the reckless actions of others, seeking financial compensation may be something that needs to be done.

What Is Fault?

When determining whether or not you can seek financial compensation for your injuries, the first step an attorney will take is to figure out who is at fault. Under Florida law, fault in a personal injury case refers to determining whether or not one party acted in a negligent or reckless manner.

In an auto accident, reckless or negligent behavior could mean any number of things including:

Driving while under the influence of drugs or alcohol
Failure to use turn signals
Failure to use headlights at night
Poor maintenance of the vehicle

That last point surprises many, but it’s... full post

New Seatbelt Recall Is Just The Latest In A Long Line Of Auto Recalls

New Seatbelt Recall Is Just The Latest In A Long Line Of Auto RecallsOver the last few years it seems like a steady string of auto recalls have taken place. Almost no automaker has been unscathed, with vehicles of all makes and models facing various recalls. Some of these aren’t as serious as others, but a new recall from GM is one that deserves fast attention from everyone owning the affected vehicles.

This new recall impacts more than 1.04 million big trucks from GM, and the reason is due to defective seatbelts. According to the company, the steel cable that connects the seat belt to the truck has a risk of separating, leading to a total failure of the safety restraint which in turn can lead to serious injuries in an accident.

The recall affects Sierra 500s and Chevrolet Silverados from the 2014 to 2015 line, and all who own the trucks can return to a dealership to receive a repair and replacement completely free of charge. Doing so will ensure that you’re kept safe while on... full post

Brian O Sutter
posted by Brian O. Sutter , in:

The Difference Between Pecuniary And Non-Pecuniary Compensatory Losses

The Difference Between Pecuniary And Non-Pecuniary Compensatory LossesWhen you file a personal injury claim, the amount of money you will be awarded will be determined by several factors. These factors are defined as either pecuniary or nonpecuniary and the total amount given for each will be determine by a judge or jury depending on your case. Once you’ve begun the legal process, it is important to understand these two different types of damages so you can get the money that you deserve.

Pecuniary Losses

Simply put, pecuniary losses are any losses that can be measured in financial terms. Pecuniary losses are easy to measure and therefore, are the more common type of financial compensation in a personal injury suit. Pecuniary losses count for both the losses to the victim and the losses to the victim’s family. Here are some examples of pecuniary losses:

● Medical Bills: The cost of medical treatment is calculated into the lawsuit. Medical treatment includes everything from ambulance rides, surgery, medication, physical therapy, chiropractic care, and any other form of medical cost incurred from the... full post

Recent Challenges To Florida’s Worker’s Compensation Laws

Recent Challenges To Florida’s Worker’s Compensation LawsIn 2003, Florida overhauled their worker’s compensation laws in order to to reduce the increasing rates of worker’s compensation insurance. However, this year the Florida Supreme Court is hearing three cases that challenge the 2003 laws concerning Florida’s worker’s compensation. These cases are major and could potentially have far-reaching consequences. Here is a brief summary of each of the main cases being heard.

Miles Vs City Of Edgewater Police

On April 21, 2016, the Florida Supreme Court ruled on Miles vs City of Edgewater Police. The case concerned police officer Martha Miles who had been seeking worker’s compensation after exposure to methamphetamines on the job had caused her to take ill. However, because of the Florida state law that restricts police officers from paying legal representation to pursue worker’s compensation insurance claim, she was unable to redress her grievances and her claim was denied in court. So she filed an appeal and argued that the Florida laws concerning the limits on legal fees, specifically the ban on retainers and hourly fees, prevented her from... full post

Is A Wrongful Death Suit Right For Your Family?

Is A Wrongful Death Suit Right For Your Family?When a family member dies from a wrongful death, it is incredibly hard on the survivors. There is no real remedy for the loss of a loved one, however a wrongful death suit may help you seek justice and ensure the future safety and security of your family. When dealing with grief it is difficult to think about going through a legal battle, however a good lawyer understands the stress and the trouble, and will help guide you through a wrongful death suit so that it is not a strain for you and your family to see justice for the loss your loved one.

What Is Wrongful Death?

Wrongful death is when a person has died through the negligence or misconduct of another person or the actions of a company or entity. A wrongful death lawsuit is a civil claim brought forth by survivors. During a wrongful death lawsuit the survivor or survivors seek compensation for the losses associated with the death.

Types Of Wrongful Death Cases

There are several types of... full post

How Used Car Buyers Can Navigate Safety Recalls

How Used Car Buyers Can Navigate Safety RecallsWith only around 17.3 million people buying new cars every year, most car buyers in America are buying used vehicles. With massive recalls like the Takata airbag recall which may impact up to 85 million vehicles across a variety of brands and only 7.5 million of these recalled vehicles have been remedied, it is more important than ever for people buying used cars to understand their recall rights. Here is what used car buyers should do to make sure that the vehicle they are purchasing has all the necessary recall repairs.

What Is A Vehicle Safety Recall?

A vehicle safety recall is when a vehicle or a vehicle part has been recalled because it is malfunctioning or dangerous. A vehicle safety recall is often issued by the National Highway Traffic Safety Administration (NHTSA). The NHTSA regulates the safety of vehicles on the road and manages all recalls. A recall may also be issued directly by the manufacturer when they have discovered a defect. In both cases, recalled parts are replaced or... full post

Brian O Sutter
posted by Brian O. Sutter , in:

How To Create A Workplace Safety Program

 How To Create A Workplace Safety ProgramIf you are a new or a small business, you may not have a workplace safety program in place. However, since a worker’s compensation claim can be devastating to a small business it is important that you put together a comprehensive safety program so your workers know how to stay safe and healthy on the job. Here are some tips on how to create a great worker’s safety program:

Decide What Needs To Be Included In The Training

Luckily there are many resources for deciding what kind of safety procedures are needed for your office. The best place to start is at the Occupational Safety & Health Administration (OSHA). OSHA has guidelines that all companies can use to ensure their workplace is safe and healthy for their employees. You can also speak with your insurance provider and see what kind of recommendations they make to help you manage your risk and lower the cost of your insurance.

10 General Safety Rules

Depending on the nature of your business there are a variety targeted... full post

Tips To Avoid The 5 Common Driving Distractions

Tips To Avoid The 5 Common Driving DistractionsDistracted driving is a serious problem in the state of Florida. Florida has the highest number of accidents caused by distracted drivers. Last year alone there were 45,000 crashes from distracted drivers. These crashes lead to 39,000 injuries and 214 people were killed. Distracted driver is deadly and should be avoided at all costs.

What Is Distracted Driving?

Distracted driving is driving a vehicle while being distracted by something else. There are 3 main types of distracted driving:

● Manual: Manual distracted driving is when a driver takes their hands off the wheel to do something else.
● Visual: Visual distracted driving is when a driver stops looking at the road and instead looks at something else.
● Cognitive: Cognitive distracted driving is when a driver takes their mind off the road and starts thinking about something other than driving.

Distracted driving endangers the lives of the driver, the passengers, and the people on the road including other drivers and passengers, cyclists, and pedestrians.

Who Is Guilty Of Distracted Driving?

The assumption is that most distracted drivers... full post

Abuse And Neglect In Nursing Homes

Abuse And Neglect In Nursing HomesWith so many people moving to sunny Florida after they retire, Florida has the highest number of elderly people of any state in the United States. In fact 17.6% of the population of Florida, or 2,808,000 people, are elderly. Of these people 73,000 of them live in the 683 registered nursing homes. As the years progress, many more of Florida’s elderly population will seek residence in these care facilities. While others may elect for short term stays while recovering from an illness or surgery. Meaning many of Florida’s large elderly population will live in a nursing home at some point.

Nursing Home Elder Abuse And Neglect By The Numbers

We trust these care facilities to provide the best quality of care for our seniors. Unfortunately, elder abuse and neglect is a very serious issue in nursing homes. A national study showed that 44% of residents in nursing homes have experienced abuse, while a shocking 95% of residents have experienced or witnessed neglect. These statistics are even more upsetting when coupled with the pain and... full post

How To Determine Who Is “At Fault” In A Car Accident

How To Determine Who Is “At Fault” In A Car AccidentDetermining fault in a car accident is a crucial factor in determining the validity of an insurance claim. In Florida, you legally have to establish fault by proving the other party acted in a negligent way. Florida is also a comparative fault state, which means that if you were in anyway at fault, even a small percentage, the value of your claim will be reduced by that percentage. Therefore when pursuing a claim on an automobile accident in Florida, it is essential to prove who is at fault so you can get the full value of your claim.

Who Determines Fault?

Since it is a comparative fault state, in Florida both drivers’ insurance companies will work together to decide each driver’s fault level and will seek to cover the cost of damages. They will use a variety of methods to determine who is at fault, most often they will rely on the police report. However insurance companies are not required by law to agree with the police... full post

Safety Tips For Motorcycle Awareness Month

Safety Tips For Motorcycle Awareness MonthIt is National Motorcycle Awareness Month and in honor of this important month, we have put together a list of great safety tips for both riders and drivers. This tips can help protect motorcycle riders and drivers from unnecessary accidents and promote awareness of the motorcyclists sharing our roads.

History Of Motorcycle Awareness Month

Motorcycle Awareness Month was an initiative first created by the National Highway Traffic Safety Administration (NHTSA) in response to an increasing number of motorcycle riders. The initiative was to promote education on safe riding practices and study the factors that lead to motorcycle accidents. National Motorcycle Awareness Month was officially recognized in Florida in 2012 by Governor Rick Scott and worked closely with the Motorcycle Safety Coalition to launch a number of successful public awareness initiatives including “Look Twice Save a Life,” “Drink+Ride=Lose,” and “Be Smart, Be Seen.” These programs have helped lead to 20% reduction in motorcycle accidents in the state of Florida.

Some Important Motorcycle Safety Statistics

Since Florida has ideal weather and road conditions for motorcycle riding, there is a higher percentage... full post

PIP Requirements Challenged In Florida

PIP Requirements Challenged In FloridaState officials are ramping up their investigation into whether requiring no-fault insurance, otherwise known as personal injury protection (PIP), has benefitted the state of Florida. The $125,000 study is due on September 2, 2016 and could have far reaching consequences to Florida residents, insurance providers, and local legislators.

Why Is PIP Required?

In 2012, the State of Florida passed HR 119, requiring all auto owners to carry PIP insurance in hopes of reducing an estimated one billion dollars in insurance fraud. The intent was to reduce the cost of fraud to insurance companies in the hopes they would pass the savings onto customers. The law requires all Florida drivers to carry up a minimum of $10,000 in PIP coverage. PIP coverages makes individuals responsible for the cost of their injuries regardless of fault, rather than establishing fault in the courts. The law was also supposed to reduce the payment delay for injured drivers and reduce long term medical costs by ensuring immediate care.

Opposition To PIP Requirements

Many drivers and legislators are unhappy with the PIP requirements. The biggest... full post

How To Use Your Smartphone To Protect You After An Accident

How To Use Your Smartphone To Protect You After An AccidentThe worst has happened and you’ve been in a car wreck. Luckily, you have the best tool available to help protect you, your passengers, and your assets right in your pocket. Your smartphone is a great tool to use after an accident to document and report the accident. Here is how to use your smartphone when you’ve been in an accident.

Report The Accident

The first way a smartphone can help you after an accident is to help you immediately report the accident. First you will want to contact the police or any other first responders depending on the severity of the accident. Then you can use your phone contact your insurance company and make an immediate claim. Many insurance companies now have apps that you can download, so you can immediately fill out the claim form while the details are still fresh. Finally you can use your phone to contact any roadside assistance services to tow or move your vehicle out of the way... full post

What To Do If You Fall In A Store

What To Do If You Fall In A StoreBusinesses are legally obligated to keep their customers safe. Regardless if you fall at a big box store or at a small, local company, you may have a valid claim against the store. So if you’ve experienced a fall at a store, it is important to know what to do.

What Is A “Slip And Fall” Injury?

A slip and fall injury occurs when a person slips, trips, and falls on someone else’s property. Slip and falls can cause a range of serious injuries including:

Head injuries, concussions, and traumatic brain injuries
Neck, back, and spinal cords injuries
Broken hips and pelvis
Soft tissues injuries like sprains and strains
Joint injuries like tears and displacements
Broken bones

These injuries can cause severe pain, require surgery, and even create a long term disability. So it is important that the injured party receives compensation for their medical treatments and wage losses, so they can recover.

Common “Slip And Fall” Store Injuries

Slip and fall accidents can be caused by a number of factors. A person may slip inside of a... full post

Understanding How The Jones Act Protects You

Understanding How The Jones Act Protects You Florida is peninsula surrounded on three sides by the ocean. So a big part of the Florida economy is maritime employment. With a $9.6 billion industry, Florida ranks second in the nation for maritime employment in the country. It is estimated that Florida employees 52,140 maritime workers. With so many people working in the maritime economy it is critical that Floridians understand the importance of The Jones Act and how it protects them.

What Is The Jones Act?

The Jones Act, also known as the Merchant Marine Act of 1920, is a federal law that regulates maritime commerce and protects maritime workers. The law states that if a maritime employee is injured either at port or at sea, they are allowed the same legal protections as if they were on land. These protections include seeking compensation for any injuries sustained while working from either the employer, the shipowner, or even other crew members. The Jones Act also established liability for the shipowner if the shipowner or the crew have created unsafe... full post

Bicycle Safety Tips For National Bicycle Awareness Month

Bicycle Safety Tips For National Bicycle Awareness MonthIt is National Awareness Bicycle Month, so in honor we’ve put together some great tips for bicycle safety. These tips are for both bicyclists and drivers sharing the roads with bicycles, so everyone can avoid unnecessary accidents.

History Of National Bicycle Awareness Month

National Bicycle Awareness Month was started in 1956 by the League of American Bicyclists. The idea was to promote healthy exercise by encouraging people to ride bikes. In more recent years, National Bicycle Awareness Month campaigns have focused on bicycle safety. In recognition of National Bicycle Awareness Month, Florida has an initiative called “Bike To Work” where all Florida residents are encouraged to ride their bicycles to work for one week. There are also several events sponsored throughout the state in local communities to encourage bicycle riding and promote safety awareness.

Benefits Of Riding A Bicycle

There are so many benefits to bicycle riding that everyone should consider adding this form of transportation to their commute:

Bicycling helps increase cardiovascular health, improves muscle strength, joint mobility, and bones, and decreases body... full post