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How Do You Know When A Settlement Is Fair?

How Do You Know When A Settlement Is Fair?If you have been injured, whether it was in a car accident, or you had a slip and fall in some public space, such as shopping mall, or an auto repair garage, you may want to seek financial compensation for your injury. You have the legal grounds to do this if the injury you received was through no fault of your own, but the inattentiveness, carelessness or negligence of someone else.

Sometimes, however, especially when it is a case where it is clear that a lawsuit taken to court would be a clear cut win for you, an alternative appears. You may immediately receive an offer for a settlement which would be quicker, easier, and let everyone get on with their lives. But what exactly would constitute a fair offer for an out of court settlement?


The Faster Solution


Out of court settlements occur for a variety of reasons. For example, if you were involved in a car crash, you might even feel that a car crash lawyer isn’t necessary, because not only do you know you weren’t at fault, you had a dashboard camera active and... ...read full post

Remember That Lawsuits Go On Public Record

  Remember That Lawsuits Go On Public RecordUsually when people talk about consulting an accident lawyer, or personal injury lawyer to enact a lawsuit against someone the foremost thought is about justice. If you or someone you know has been injured in an accident that was no fault of your own, your immediate thought is going to be making things right, and ensuring that the people responsible are held accountable for their actions with the financial damages acquired in a lawsuit.

But there’s one thing that people need to understand about lawsuits, and this is one of the reasons why sometimes an out of court settlement is ideal. The vast majority of the time, a lawsuit is a matter of public record.


Everyone Will Know


For some people, this will not be an issue, especially if it’s a typical accident, such as slipping and falling in a public space due to the negligence of the cleaning staff. There’s little “on the line” in the way of a public reputation, or additional “fallout” after the case been conducted.

But in some instances, this may not be the case at all. For example, if someone had... ...read full post

How Are Lost Wages Determined?

How Are Lost Wages Determined?People who get injured, whether it is through a car accident, or a mishap at work that may require workers compensation, usually have a common problem. As an average, hard-working American that’s looking to live a life with honesty and decency, there’s a good likelihood that some kind of profession and career are already in place. It could be just starting out with a part-time job at a retail store, or it could be a very well established profession, such as something in construction, or even running a business.

But if you sustain an injury, all of that grinds to a halt. Depending on the type of injury received, there may be hospitalization, recovery, and eventually returning to a job. Or, if an injury is permanent, resulting in some new, crippling debilitation, it may no longer be possible to return to a former job at all.

In a personal injury or workers compensation lawsuit, one of the factors when it comes to suing for financial damages is known as lost wages. This comes in two different varieties, but how is a final determination made?


Each Case Is Unique


There are a lot... ...read full post

Miami Bridge Collapse Victims Recovered

Miami Bridge Collapse Victims Recovered The recent tragic bridge collapse near Miami led to numerous deaths, and Miami-Dade Police Director Juan Perez recently told reporters that all victims killed in the accident are now accounted for.The accident showcases not only the importance of serious oversight in bridge construction, but also the importance of understanding where fault may be placed in a personal injury case.

The Collapse


The accident occurred on a bridge connecting Florida International University and the city of Sweetwater to one another. However, the 174-foot main span of the bridge was placed just five days before the collapse, and emergency workers have struggled to remove 950 tons of weight from the accident site.

Those killed in the accident ranged in age from 18 to nearly 60, though only a few names have been released thus far. The National Transportation Safety Board is currently investigating the accident and what could have led to it, and a report claims that an engineer left a voicemail for a Florida International University employee stating that there were visible cracks in the bridge just two days before the collapse, but the message wasn't heard until the day... ...read full post

You May Be Liable Even When You’re Not In The Vehicle

You May Be Liable Even When You’re Not In The VehicleThis isn’t the type of case that we’ll ever to worry about here in Florida, but the circumstances behind it make it an excellent example of how negligence with motorized vehicles can occur in the most unexpected ways. Can you be sued for personal injury with a vehicle if you’re not even in the vehicle? One man in Canada found a way!

The Runaway Snowmobile


It’s generally understood by most Floridians that Canada can be incredibly cold during the winter, and become a literal “winter wonderland” when the season arrives. It’s one of the reasons why so many Canadians and Americans from New England buy winter residences in Florida and become “snowbirds” that live here during the less hospitable parts of the year.

In this case however, one Canadian by the name of Devon Webb, was enjoying a ride on a snowmobile with other members of his family and friends. He was alone on the snowmobile, and trailing behind his group, traveling at half-speed. Unfortunately, he hit a snow drift he didn’t see, and this jolted him from the snowmobile, causing him to land—more or... ...read full post

How Do You Assign Fault In A Public Accident?

   How Do You Assign Fault In A Public Accident?Thursday, March 15, 2018 is going to be a date that will be remembered by everyone at the Florida International University in Miami. A pedestrian bridge that was still not considered complete, and wouldn’t be fully operational until 2019 collapsed, killing six people and burying vehicles that were passing under it. The tragic irony of the situation is that the bridge had originally been built in order to save lives, as a way to prevent more traffic accidents with students hit by cars as they attempted to cross the street.

This is not like typical cases that a personal injury lawyer would normally take. In the majority of cases, there will be a vehicular incident, such as a car crash, or there may be an accident on the job that causes an injury, or there may even be some negligence at work in a place of business, such as people taking a fall due to slippery, just washed tile on a floor.

But an entire bridge collapsing before it is even fully constructed is a very unusual situation. This is not a case... ...read full post

Recent Fatality Shows Self Driving Cars Still Have Risks

 Recent Fatality Shows Self Driving Cars Still Have RisksTV ads are already proclaiming that the future is here thanks to self-driving cars, and they are becoming more common as numerous automakers begin releasing their own versions. Some are designed to be driving entirely by the technology, while others may just have 'driver assist' functions that help with parking or that steer while you cruise on the freeway. But a recent accident shows that they're not foolproof - and brings up interesting questions on fault.


The Accident


The accident involved a self-driving Uber SUV in Tempe, Arizona. The vehicle stuck 49-year-old Elaine Herzberg as she crossed the street, killing her in the process. At the time of the accident a driver was actually in the SUV, but the vehicle was in its autonomous mode. With this mode active, the vehicle drives itself entirely, but since the vehicle was undergoing a testing process there was a driver behind the wheel as a safeguard.

However, that wasn't enough. Despite the driver's presence, the vehicle still caused a fatality, leaving behind a mourning family and plenty of questions. Currently, the National Transportation Safety Board is... ...read full post

Self-Driving Cars And Accident Lawsuits

Self-Driving Cars And Accident LawsuitsOver the last several decades, personal injury cases have largely depended upon one key thing - showing just who is responsible for the accidents that lead to injuries. But technology is gradually beginning to change this, and one of the biggest ways that it's doing so is in the world of self-driving cars. As these vehicles become more and more common, those injured in accidents involving them as well as those lawyers representing the injured parties will have to face new challenges when seeking compensation.

A Growing Auto Trend

Self driving cars are catching on in a big way around the nation. Auto makers from Tesla to GM are utilizing the new self-driving technology, and it goes well beyond just being able to push a button and let the car parallel park itself. Today's cars can drive entirely on their own, and it's expected that this is a trend that's only going to continue growing.

In fact, each year, the percentage of drivers who claim to be afraid to ride in a self-driving car is dropping. Last year, the numbers were 78 percent. Over the course of one year,... ...read full post

Who Is At Fault In A Driverless Car Accident?

 Who Is At Fault In A Driverless Car Accident? On March 18, 2018, the United States finally experienced the first casualty of a car accident at the hands of a self-driving car. It happened, in Tempe, Arizona, to Elaine Herzberg, age 49 who was crossing the street sometime after 10 pm. She was not using a designated crosswalk, and was struck by a self-driving car owned and being tested by Uber, the ride-sharing service that operates in many major cities around the world.

Self-driving cars are currently being tested in many parts of the United States by many different groups, including, right here in Florida, with the US military testing self-driving truck convoys. In addition, cars with some self-driving functions are already available on the market, and are currently being used by the public. Florida, in fact, has already experienced the first accident where a driver has died while in a self-driving vehicle.

But this brings up an interesting question. As we move forward into the future, self-driving cars are likely to become a normal sight on our roads. In the case where an accident occurs, who will be at fault if a... ...read full post

Top Tips For Making Sure You Get The Most From A Personal Injury Lawsuit

Top Tips for Making Sure You Get The Most From A Personal Injury LawsuitWhen you're involved in an accident of any kind, it can make it difficult to go on with your life as normal. Not only can the physical injuries take significant time to heal from, but your financial health can also be impacted in a huge way. Filing a personal injury claim is one of the best ways to start getting yourself back onto solid financial footing, but it's easy to make simple mistakes that could lead to you getting less when your settlement is determined.

With that in mind, it's well worth keeping a few basic things in mind before and during the process of seeking compensation. The right steps can help you get the most from your personal injury lawsuit. Here are some of the main things that you'll want to remember to ensure that you get what you're really owed.


• Keep Records - The more information that you have about your accident, the better. Things like accident specifics, police reports, witness names and contact info, insurance info for you and the other side, and more can... ...read full post

Understanding Comparative Negligence In Florida

Understanding Comparative Negligence In FloridaThere are two main ways that insurance companies and legal teams for the other side could use comparative negligence against those trying to get compensation. They are:

• Refusal - Some may try to tell you that you have no right to compensation at all since you have some fault in the accident. In reality, you could still get compensation from your case even if you are partially to blame.

• Confusion - It's also common for the other side to try to offer you lowball settlement offers and tell you that they're fair. It's not easy to compute the proper amount of a settlement if you have no idea what you're doing, and the other side knows this. They could offer you far less than you deserve.


The bottom line is that consulting with an experience personal injury lawyer will be vital for getting the results that you need form your case. Even if you feel that you may have some responsibility in the accident, it's well worth contacting our legal team today. You could be owed compensation that will help you... ...read full post

What To Do After Being Involved In A Drunk Driving Accident

 What To Do After Being Involved In A Drunk Driving Accident  Florida has the third highest population in the country, and is one of the most frequently visited states as well. Plus, it has a reputation for being a 'party destination', and the numerous bars, nightclubs, and events taking place here only help to fuel that image. There's nothing wrong with having a good time, of course, but the problem is that many people can't drink responsibly. There are around 11,000 drunk driving accident injuries every single year, and many of them can be incredibly severe.

If you're injured in an accident caused by a drunk driver, it shouldn't be your burden to deal with the heavy financial costs that the accident can cause. Seeking compensation through a personal injury lawsuit is one of the best ways to ensure you get a fair settlement from your injuries - and that you can make a full recovery. Of course, knowing more about what to expect can help you move through the process with more confidence.


What Damages Are You Owed?


Under Florida law, you could be entitled to compensation for... ...read full post

Asbestos Is A Health Hazard

Asbestos Is A Health HazardOne of the great things about the American landscape is that for people looking for good value, there are wealth of older structures all over the country that just need a little bit of time and attention in order to be restored into something that may be beautiful, useful, historical or in some cases, all three. Plenty of Americans take advantage of the numerous existing, older properties around the country to acquire a new home, or a new workplace, or other facility.

However, for all the positives of buying older buildings like historical value, or in some cases, simply lower prices to save on money, there are negatives to consider as well. One of these is that, depending on the age of the building, there may be one, or several aspects of the structure that are not compliant with modern building code and regulations. Asbestos is one big red flag for all states in the USA now, despite the fact that for decades, it was used to help prevent buildings from burning down.

 
Long Term Effects
 

Asbestos is a fiber-like material refined from six different minerals. Structurally, it presents many advantages;... ...read full post

You Cannot Defend Your Home With Traps

You Cannot Defend Your Home With TrapsThere’s the old saying that “a man’s home is his castle,” which is just a fancy way of saying that when you own your own home, you have certain legal rights as a homeowner that the law will observe and use to protect you. People cannot just come into your home without permission, or ignore your requests to leave, should you make them. People cannot break into your home with the intent to take your belongings for themselves, or to harm or injure yourself or other residents.

America in general, and Florida in particular, have very well-defined legal protections in place for people who are simply trying to maintain the sanctity of their own home, or defend themselves from people who would intrude on their homes. Florida’s “stand your ground law” is an example of this, where, if you are in your home, and find yourself experiencing a home invasion, there is, in the eyes of the law, reasonable cause for you to use a legally acquired firearm to defend yourself.

However, even the stand your ground law has limits, and while it is understood that you have... ...read full post

Choose A Reputable Personal Injury Lawyer To Recover Compensation For Dog Bite Injuries

 Choose A Reputable Personal Injury Lawyer To Recover Compensation For Dog Bite InjuriesDog bites happen more often than one might think. For instance, in 2013, approximately 880,000 people had to seek medical attention for the incidents. The sharp teeth can lacerate skin, tear ligaments, and cause the victim a substantial amount of pain. Additionally, canines can pass along the rabies virus to humans, so it is possible for different types of symptoms to present themselves further down the line. All it takes is an instant for even the friendliest pet to lunge out and attack. This action could be the result of them being scared or feeling as if their owner is in harm's way. Regardless of why dog bites happen, they are never okay, and the owners are almost always liable for pet attacks.

Therefore, a bite victim in Florida can seek financial compensation from the dog's owner. While it is not mandatory to hire a personal injury lawyer, choosing to do so may prove to be beneficial in a variety of different ways. For one, the legal system is complex, the jargon used... ...read full post

Crowded Waters Lead To Boating Accidents

Crowded Waters Lead To Boating AccidentsThe time of year has come once again where people from everywhere start flocking to the Florida coast. While many parts of the United States are still dealing with winter weather, southwest Florida residents are enjoying sunny skies and warm temperatures. The ocean is ideal for water or jet skiing, swimming, and spending time with the family. Additionally, the coastal area allows for some of the best fishing around, so amateur and professional anglers alike are regularly in abundance. However, with so many folks accumulating in one place, and new crafts continually hitting the water, boating accidents will likely occur.

Boating accidents are equally as dangerous as car crashes and other incidents. If two vessels collide, one or more of the drivers and passengers can become thrown into the water. Once in the liquid, these individuals are vulnerable to getting struck by another boat, hypothermia, and possibly even drowning. Of course, there are also things like sharks, jellyfish, and contaminated water that they have to worry about as well.

 
Always Be Prepared
 

It is of the utmost importance to inspect your craft... ...read full post

A Bite Isn’t The Only Injury A Dog Can Inflict

 A Bite Isn’t The Only Injury A Dog Can InflictOne of the most enduring and popular pets for not just America, but the entire world, is the dog. Few animals provide the same combination of intelligence, love and loyalty that our canine friends can bring into our lives. But there’s no such thing as a perfect animal, any more than there is a perfect person. A combination of circumstance, poor control, or poor training can sometimes result in unfortunate encounters between people and dogs. That’s one of the reasons why Florida, like every other state in the country, has laws in place to address the unfortunate occasions when a dog acts out in an aggressive manner and bites another person.

In such cases, the most common situation is an owner either losing control of a dog, or not paying attention during a critical moment and thus not having a dog under any sort of control at all, which results in a bite. This scenario is the one that most frequently plays out in court, and can often result in the case being taken up by an accident lawyer. This is because in... ...read full post