Law Firm Blog

When most people apply for Social Security Disability Insurance (SSDI), they just assume they will be accepted and granted the benefits. However, this may not be the case.

1. You Earn Too Much Income To Qualify

SSDI is a benefit program for workers that have been paying into the Social Security system for several years, but you won’t be able to qualify if you are working above the limit that is considered to be ‘substantial gainful activity’ (SGA). In short, you are currently earning too much money for you to be considered disabled.

While you can work a small amount when applying for SSDI, it cannot be over the SGA limit, which is $1,170 per month. Additionally, income from investments will not count towards the SGA limit. Only work income can count because it proves your ability to work. Self-employed income can be a little more complicated however.

2. Your Disability Isn’t Severe Enough Or Is Temporary

In order for you to qualify for SSDI benefits, the Social Security Administration (SSA) needs to believe that you have an impairment that is severe enough to last... ...read full post

When you have suffered a serious work-related injury or illness, it is typically a good idea to have a lawyer around to help you through the workers’ compensation process. Since workers’ compensation law is complicated and highly specialized, it is best for clients to find an attorney with an expertise in the subject rather than someone who just dabbles in it.

However, it isn’t always so easy to distinguish a workers’ compensation expert from the dabblers. You hear the commercials and see the ads, but they often have more style than actual substance. While it can take some extra effort to find the right lawyer for your needs, it can make all the difference in the success of your case.

Ask For Recommendations

The best workers’ compensation lawyers often don’t need to do any advertising and instead rely on word of mouth and referrals. So when looking for an attorney, start asking around. Ask friends, family, and colleagues for recommendations. You might also be able to contact state and local bar associations and legal aid offices for referrals as well.

Search The Internet

In this digital... ...read full post

While Florida is typically known for its sunny weather, it isn’t all sunshine here. In fact, you may find yourself having to drive through strong winds and heavy rain sometimes. Traveling in that kind of weather can be downright scary.

Heavy Winds

While wind may seem like just a minor risk, but drivers should take special consideration when this weather condition is around. You should be especially careful in wide open areas including highway overpasses and tunnels. With the following tips, you can keep yourself safe on those windy days:

Anticipate gusts – When the weather report predicts severe weather or are in areas that are prone to strong winds, take extra caution while driving.

Be aware of larger vehicles – During high winds, keep an eye out for larger vehicles, such as tractor trailers and recreational vehicles. These tend to be more susceptible to high winds and can make it hard for the drivers to stay in their lanes.

Keep a firm grip on the wheel – When there are high winds about, you need to keep both of your hands on the wheel in case... ...read full post

There is nothing quite like being out on the boat in the warm Florida weather. The bright sunshine on your skin and that wonderful sea breeze. As great as it is, taking a nice ride on the water can also be dangerous if you aren’t careful.

1. Running out of gas

When you run out of gas on the highway it isn’t such a big deal. You can just call AAA or a friend to come rescue you. Even when you are on the water, you can usually call a towing agency to bring you the fuel you need. However, if you happen to run out while in the Gulf Stream or in the middle of an unexpected storm, you could be in big trouble.

2. Running aground

Typically, grounding your boat is only embarrassing rather than life threatening. Whether poor judgement or someone distracted you when you were pulling in, it is a pretty common and often innocent mistake to make. However, it isn’t the grounding that hurts you, but the sudden stop that lurches everyone forward.

3. Falling overboard

Much like with grounding, falling overboard is another event that... ...read full post

Car technology has come a long way. GPS systems make it easier than ever to find our destination quickly. Bluetooth allows you to talk to family and friends without ever having to take your hands off the wheel. Backseat DVD players keep children entertained and quiet through long car rides.

Not only has technology made the drive easier, but it has also made it incredibly safe too. Seat belts and air bags have saved millions of lives.

Air bags save lives, but they can be dangerous too.

When regarding the deployment of your air bag during a crash, there are two things to keep in mind: (1) the air bag is only a supplemental safety device; and (2) you need to take safety precautions in order to minimize the risk of your air bag actually causing injury when deployed.

In every vehicle, the primary restraint system are the lap and shoulder belts. These are one of the most important safety features of your car and it is likely that other features cannot work properly if you aren’t wearing yours. In short, your air bags won’t help much in... ...read full post

Riding a motorcycle can be thrilling, but it can also be pretty dangerous too. Thankfully, bikes also come with a lot of great tools to keep you safe including strong brakes, smooth handling, obstruction-free vision, and some pretty ‘grippy’ tires.

Here’s how you can take advantage of these useful tools to avoid a few very common motorcycle accidents.

1. A Car Turns Left In Front Of You

The most common motorcycle accident happens when a driver fails to see you while turning in front of you at an intersection. Whether you were in their blind spot or the driver simply failed to be on the lookout for motorcycles, this happens more often than you think.

How to avoid it: Be on the lookout for any signs that a driver may try and turn in front of you, such as a gap in traffic near a parking lot or a car that is waiting to turn on the intersection. Whatever the situation you need to slow down, cover your brakes and be ready to take evasive action. Even if things look fine, as a motorcyclist, you... ...read full post

There is nothing like getting some warm sun out on the boat. Whether you are hoping to catch some fish or just want to relax on the water, Florida has everything a boat lover could want.

However before you hop in, there are a few safety items you don’t want to forget on your next trip.

1. Life Jackets

Even if you are a team of expert swimmers, every person on the boat needs to have a Coast Guard approved life jacket that fits them properly. All your boat passengers don’t have to wear them, but they all need to know where they are located on the boat.

2. First Aid Kit

If an accident happens on the boat, you could be miles away from any kind of medical help. Thankfully, with a first aid kit handy you can be prepared for anything that might happen.

Your first aid kit should include:

bandages of various sizes
gauze
crepe bandage roll
butterfly clips
hypoallergenic tape
sterile wipes
antiseptic liquid
burn gel
antibiotic ointment
small, steel scissors
tweezers
gloves (preferably not latex)
pain killers (such as ibuprofen and paracetamol)
motion sickness tablets

3. Extra Food and Water Bottles

If you end up stuck out... ...read full post

The first step to a workers’ compensation claim is to report your injury to your employer. The quicker you are able to report to your employer, the quicker you can begin your recovery.

However, if you fail to follow the correct procedure, you might not be collecting any workers’ compensation benefits despite how much you may need it.

When Should The Work Injury Be Reported?

Until you have reported your injury or illness, you have no chance of receiving your workers’ compensation. Typically, it is best for you to report it as soon as possible. Not only does this quicken the process, but it makes for a stronger case too. Usually, the deadline for reporting your injury or illness is within 30 days. However, in Florida you may also file a petition for benefits within 2 years, but there can be a few exceptions to this.

How Do You Give Notice?

For many oral notice is allowed, usually by telling your supervisor or Human Resources department. However, some places may require a written format like a letter or email. Even if this is not required, having something... ...read full post

Florida and southwest Florida are known as tourist vacation spots and retirement destinations. It's a beautiful place and the weather is fantastic to enjoy once you have finally finished your time in the workforce. That may come when you have worked all the years you needed to without injury or illness. Or that may come when you doctor tells you that you are unable to go back to work due to medical restrictions. You have worked your whole time paying into the Social Security Disability, so now what?

Social Security Disability Qualifications

Like most other government regulated programs, they are going to need to prove that you qualify for the SSDI that you are seeking. Unfortunately, just because your doctor has informed you that you are disabled doesn't mean that you will get the appropriate compensation for that or qualify for the SSDI. Social security lawyers can help you qualify and understand the social security process.

To qualify for SSDI one must be determined by the Social Security Administration to have:

Your ability to perform basic work... ...read full post

Negligence seems like a pretty straightforward concept to grasp but the legal system is always here to make it a bit more complicated but for clarifying reasons. Law practice is intricate and detailed because the human condition is not an easy one to regulate. Negligence in the justice system can be defined as failure to take reasonable care that results in injury or damage to another person or property. Fault in legal cases is not always 100% clear on who is the person at fault or what is at fault. This is where comparative negligence gets the game ball, it is designed to help in these situations.

What Is Comparative Negligence?

Comparative negligence falls under case law specifically for personal injury and accident lawyers, like us here at All Injuries. IT was adopted in the state of Florida in 1973 and is designed to help juries assign blame correctly. What this means is that before 1973 if there was a little bit of fault to be put on the otherwise victim of the accident than the fault would be... ...read full post

We wouldn't have jobs if law practice was easy and straightforward. There are intricacies and regulations that change one case to a completely different argument or throw a case out completely due to one small detail or missed opportunity. Injury lawyers are there to make all of those things digestible for you and do them the right way, when you deserve compensation for an injury or accident. There are some basics when considering an injury lawsuit that you will want to be reminded of, just to help us help you.

Deadlines

A deadline in the law community is basically the amount of time between the event that is leading to the legal proceedings to when the case must be filed for valid consideration. This is often called a statute of limitations, a term we are sure you have heard tossed around on the news or in passing. Statute of limitations just refers to the differing amount of time you are allowed to bring legal action against someone. Each scenario or crime has a different statute, also varying from state... ...read full post

Aside from car accidents, one of the more common personal injury cases we see are those sustained in a business. The reason cases like this frequently result in the need for a personal injury attorney is that liability is always at question when it happens. The circumstances of the injury are just as confusing and important as any person involved. As we have gained our knowledge from studying and experiences representing victims who have become injured at a place of business, we now there are many shortcuts and loopholes with equal potential to hurt or help a case.

What Is Expected

It is an implied right for the consumer that when you enter an establishment they have to the duty of providing a safe environment and to warn of hazardous situations otherwise. It is also expected of the patron to use reasonable care when inside the establishment. The lines can get a little fuzzy as far as the hazardous warnings go. If the hazard was of the caliber that it was not necessary to be warned of... ...read full post

Just earlier this year the Florida Highway Patrol launched a campaign called Arrive Alive, a program to help reduce highway fatalities in the state. Stemming from data regarding the increasing number of motor way fatalities in the state, the initiative combines the powers and influences of state law enforcement, multiple highway safety departments and engineering groups, together they have created the initiative for keeping Florida drivers safe and therefore our jobs as injury lawyers a little less easier. The collaboration of the various entities involved in the program make its ability to benefit the people ten-fold for many reasons.

1. Law Enforcement Presence

Although it is typically not seen in a good light to need to speak or deal with law enforcement, at the base of the industry they are there to protect and serve. Within the Arrive Alive Campaign the law enforcement plays a specific role in making this program beneficial for Florida drivers. The initiative calls for a higher law enforcement presence on open highways and areas that frequently see fatalities. It may seem like law enforcement... ...read full post

Unfortunately, this is not a joke or some way to poke fun at the generational stereotypes. While looking into traffic safety in the state of Florida, Southwest Florida in particular, there is statistical evidence that the generation with the most dangerous track record is the millennial generation. Maybe the reasons are similar to what you have heard about the group, regardless there are little things that can be done to help keep our roads safer, no matter the driver.

What Is A Millennial And Why Are They Florida's Most Dangerous?

The millennial generation spans from ages 19-35 but narrowing the field to find more specific issues, a nationwide survey from the AAA keyed in on the 19-24 portion of the group as 88% of them reported to participate in unsafe behavior behind the wheel. The survey asked specifically about texting and driving, speeding and running red lights. The next closest age group was the 25-39 range, only reporting 79%. Every age group had over 50% reporting they participated in these dangerous behaviors behind the wheel and the specifics on the millennial group... ...read full post

It doesn't happen often but it is one of the more widespread recalls that can be issued, food. Because big food product recalls have the potential to affect more people than an automotive recall, there are strict health codes that are in place to prevent the necessity for a recall. A recall issued for a food product usually stems from some kind of illness or danger from ingesting the product. Therefore this could result in bodily harm and medical care for the consumer. Sargento recently released a recall for some of its cheese products that you may want to hear about, as well as what can be done during a recall of a food product.

Sargento Recall

The cheese producing giant has recalled many of it's sliced and shredded cheeses due to a possible contamination of the listeria bacteria. Listeria is a bacteria that leads to the disease listeriosis. This disease is particularly harmful to babies, pregnant women and those with a compromised or weakened immune system. The disease can manifest itself as sepsis or meningitis and can lead to the miscarriage of... ...read full post

An accident can go from bad to terrible in seconds if you are hit and then the vehicle at fault flees the scene. That is the definition of a hit and run. This can leave the victim puzzled, worried and alone. If you are the victimized party in the situation it is important to get as much information as possible about the vehicle that caused the collision. License plate, make and model and color of the vehicle will help when circumstances lead to police involvement. It is an unfortunate possibility but it has happened that someone gets away with a hit and run due to lack of information. There are some intricacies of hit and run scenarios and laws that you should keep in mind before and after an accident.

What Constitutes A Hit And Run

It is a Florida state law that anyone involved in an accident stop their vehicle as soon as it is safe to do so. Pulling over into a safe space is not considered running. A hit and run is legally defined as felling an accident... ...read full post

The seat belt anchor pretensioners of certain models of Hyundai vehicles are behind this expected recall. The seat belt can detach from the anchor, resulting in an increased chance of injury. There are as many as 977,000 vehicles that are expected to be affected by this recall. That is an extremely high number for an item that is so critical to ensuring safety.

Severe injuries can occur from these anchors coming loose. The risks of a head, back, or neck injury increases significantly. You never know when, where, or how an accident is going to occur. If you did, you would likely avoid driving at all during that time. However, since most of us don’t have the ability to see into the future, staying informed about issues like these is imperative.

The company has reported that only one minor incident has been reported when dealing with this issue. In September, it came to their attention that a belt became detached in a 2013 Sonata after a collision. Thanks to this prompt action, more serious incidents may be able to be avoided. If you drive one of the... ...read full post

If you, or someone close to you like a friend or family member is involved in an accident with permanent injuries, or even a death, this is will be a moment of great stress and trauma. If that injury or death could have been easily avoided if someone else had been doing their job, or simply paying more attention, then it is an injustice that does not have to be tolerated.

When something like this happens, that’s when you need a Southwest Florida personal injury lawyer. You need someone with the experience to go up against the people or companies that are responsible for the suffering or death, and make sure they don’t get away with it. But this then presents you with a very important question about your priorities. What are you trying to accomplish with your case? Do you want to make sure that the negligent party pays what they should? Or do you want to punish them?

Depending on your needs, you may want to go forward with taking the other party to court. Or, if you are offered an out of... ...read full post