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How Can Social Media Affect Your Personal Injury Claim?

 How Can Social Media Affect Your Personal Injury Claim?Social media is widely prevalent in today’s society, and you would be hard pressed to find someone that didn’t frequent at least one social media platform daily. While social media is a good way to stay up to date and connected with friends and family across the country and even the world, it is important to watch what you post because it could potentially have negative consequences if you are currently involved in a personal injury claim.

The Effects of Social Media Posts for Your Claim

When you are actively pursuing a personal injury claim, social media posts can prove to be extremely detrimental to your case. Many times, people pursue personal injury cases in court because they have received injuries and they are seeking damages for the medical bills, the pain and suffering, and the economic hit that the injured person takes when they are out of work.

To prove the claim, a lot of evidence and documentation is required, and many times, medical experts will even be called to testify about the pain and possible pain the claimant may be experiencing due to the... ...read full post

The Relationship Between Liability Claims And Vehicle Recalls

The Relationship Between Liability Claims and Vehicle RecallsThe process for a vehicle recall can be lengthy and incredibly complex. However, it typically begins when the agency receives consumer complaints or other information that may indicate a safety defect that could ultimately endanger the public if not addressed.

The National Highway Traffic Safety Administration (NHTSA) will then analyze petitions that are requesting a safety defect investigation, investigate the alleged safety defect, and then manage the recall and determine the recalls effectiveness.

Even after the NHTSA puts a recall in place, the manufacturer still has the right to appeal the decision that was made.

Voluntary Recalls

Sometimes the manufacturer, even without the guidance or suggestion from the NHTSA, will initiate a recall when they discover a potential defect through their own safety inspections.

Once the manufacturer has determined the need for a recall, they must then notify the NHTSA of their decision along with car dealers, distributors, and vehicle owners. They can then choose to repair the defect at no cost, replace the defective equipment at no cost, or issue the owner a refund.

Even when the manufacturer voluntarily initiates the recall, they are still not released from any liability... ...read full post

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

Assessing Damages Following An Automobile Accident

Assessing Damages Following an Automobile AccidentOne of the biggest worries a person faces following a car accident is their own health and then how much compensation is going to be needed to fix the vehicle. Once you get into an accident, all the vehicles should be removed from the way of traffic and then injuries should be assessed and attended to before anything else is done.

Once everyone is determined to be in good health, it is time to begin to assess the damages. To do this, you can follow a few easy steps to make the process more manageable.

Immediately Following the Accident

Once all medical concerns have been addressed, it is time to take photos of the damage to your vehicle. When taking the photographs, you want to be sure to take photos from all angles. Take them close-up, far away, and don’t neglect to take photos of both the interior and exterior of the vehicle.

You will then want to take photos that show the location in which the accident occurred as well as the license plate of every vehicle involved.

Take Notes

Take note of any personal property you have inside the vehicle... ...read full post

Tips For Sharing The Road With Large Trucks

Tips for Sharing the Road with Large TrucksAs drivers, we are subjected to several road hazards and conditions that may prove to be less than favorable. We also sometimes find that even though we are safe and careful drivers and pay attention to the road and other vehicles, other drivers may not be as careful as we are which can ultimately result in accidents and other incidents.

One of the scariest things as a driver on the road is to be driving next to a large 18-wheeler. Due to their size, they are known to drift in and out of lanes often which means you need to be alert and ready.

To make it less scary and a lot easier for you as a driver, there are a few things you can do when it comes to sharing the road with these larger trucks.

Driving Around Big Rigs

Patience and awareness are the two main elements needed for safe driving. This is especially true when it comes to driving in the presence of 18-wheelers and other large trucks.

Never Take Chances

When driving alongside these trucks, you do not want to take any chances. If you... ...read full post

Finding Medical Record Errors Amidst Your Personal Injury Case

 Finding Medical Record Errors Amidst Your Personal Injury CaseWhen you are in the middle of a personal injury case, then finding any medical errors, even small ones, can prove to be disastrous to your claim. Unfortunately, this is not an uncommon occurrence, and you may find that your medical records may contain inaccurate or missing information or may have some significant omissions that can interfere with your case.

Emergency Level Errors

If you received care in the emergency room following your accident, then you know how quickly things moved while you were there. You may have sustained serious injuries that left you unable to speak or communicate with the medical personnel so that some information may have been left off or miscommunicated.

The emergency room doctors are more concerned with the type of injuries that need to be treated immediately, rather than what caused them in the first place. So, while they may be aware that you were involved in an accident, they are going to be less concerned about those details and more concerned with how they are going to treat your injuries.

Follow-Up Care Errors

You can also find errors to your medical... ...read full post

How Do Personal Injury Laws Apply When Two Dogs Fight?

How Do Personal Injury Laws Apply When Two Dogs Fight?For the most part, “dog bite” laws apply when one person owns or is responsible for an animal, that animal hurts another person, and then that second person wants compensation for the attack. They’re called “dog bite” laws because they usually come up when a dog attacks a person, but they can apply to any animal so long as a person is responsible for them. But dogs don’t just attack humans—they will also sometimes attack other dogs. So what happens then?

The Status Of Dogs

Legally speaking, a pet dog is considered part of the owner’s personal property and not a person. This means dog bite laws don’t apply to them. However, if someone’s dog destroys your personal property, you’re entitled to fair compensation for it. For a dog, this compensation can be the difference in the dog’s value (which could be a lot if you’re raising a purebred) based on before and after the attack. It could also be the cost of the dog’s veterinary bills, including procedures, medicine, and boarding, depending on which one is higher.

Malice... ...read full post

How Do You Know When You Have A Traumatic Brain Injury?

How Do You Know When You Have A Traumatic Brain Injury?The brain is a complex, tricky organ, and it’s not always easy to tell how it’s doing. The human brain is a major energy hog, and so while the average person burns 1,300 calories staying alive each day, the brain alone is responsible for a little over 300 calories per day. That’s around one-quarter of the total number, an incredible amount of energy to be spending on an organ that weighs just three pounds on average.

The brain is so dense with nerves and uses so many chemicals and electrical signals that even today medical science can only scratch the surface when it comes to understanding the brain and the human mind. While doctors can test injuries to other parts of the body and figure out the problem with a good chance of success, a brain injury can slip past unnoticed and not make itself known until days after the injury took place. Still, there are a few reliable symptoms and indicators you can use to decide when to see a doctor.

The Blow Itself

If you take a hard blow... ...read full post

Keep Heat Stroke In Mind When Working Outdoors

Keep Heat Stroke In Mind When Working OutdoorsIn a state like Florida, blizzards and snow days aren’t an issue. Between all the water and the low latitude, Florida weather has to go very wrong before snow can have a chance of falling. However, hot days can happen any time of year, and since many Florida jobs take place outside and all year round, that makes heat stroke a real possibility no matter which month it is. If you don’t want to faint from heat on the job, you should keep hydrated and watch the thermometer.

Know The Risks

Thanks to the state’s hot and humid climate, it’s never that hard to work up a sweat. If you work outside in Florida, and especially if you perform hard labor as part of your job, you might get heat stroke if you don’t or can’t take care of yourself. Professionals like construction workers, road workers, and lifeguards are all at risk of suffering from heat stroke, although lifeguards have the advantage of taking a dip in the water whenever they need to cool down. Chefs can also suffer from heat... ...read full post

Limousines: Should Style Come Before Safety?

Limousines:  Should Style Come Before Safety?On October 6, a stretch limousine got into a fatal crash in upstate New York. The limo in question had failed its latest state-required safety inspection, and its driver didn’t have a license to drive the extra-long vehicle. Because of this accident, all 18 people in the limo died along with two pedestrians who were unfortunately close to the scene. The accident is one of the all-time worst automobile crashes in the United States, and the country hasn’t seen a transportation accident of any kind this bad since a plane crash in 2009.

There’s no doubt that the accident was tragic, but there’s also no doubt that it was avoidable. It’s clear enough that the limo company, Prestige Limousine, wasn’t following regulations like it should have, and that fact is very likely the cause of the accident. However, part of the problem may have been with the design of the limo itself.

What Makes A Limousine

There are very few companies out there that build limousines from the ground up. They’re specialty, luxury vehicles that often come with extensively customized interiors or else get sold... ...read full post

Most Cases Don’t Need A Day In Court

Most Cases Don’t Need A Day In CourtIt’s often the case that people who are new to lawsuits and litigation think that every case goes to trial, complete with a 12-person jury, surprise witnesses or evidence, and finally a ruling by the jury that will stand as the final word. However, this cinematic view of civil lawsuits takes a lot of liberties with how real suits work. In some ways, real-world lawsuits are simpler than this conception of the legal system, and in other ways, it’s much, much more complicated.

A Majority Of Cases Never Go To Trial

This is for one simple reason: settlements. At any time before the jury gives a verdict, both sides of a lawsuit can settle with each other. The terms of this settlement can be just about anything: money, an admission of fault, a replacement of lost property, and so on. So long as both sides agree to the terms, the lawsuit becomes settled and stops there. There are several reasons why this is the most common result:

• Bringing a suit to trial costs more money than settling out of court.
• One... ...read full post

Should Contract Workers Get Workers’ Compensation?

  Should Contract Workers Get Workers’ CompensationWorkers’ comp is a type of insurance that just about every business with employees in all 50 states has to carry. The insurance covers lost income and medical bills when an employee gets injured on the job, and it’s a no-fault type of insurance. That means it doesn’t matter if the person at fault is the employer, the employee, a third party, or just bad luck: workers’ comp will pay out the same no matter what.

What Makes Contractors Different

There are exceptions to the blanket coverage that workers’ compensation provides. The biggest one is contract workers, who don’t get any insurance coverage at all. One big reason is because of how contracting works: an employer can bring contract workers in for a single specialized job, let them do their thing, and then leave as soon as the job is done. You could also bring contractors in to replace a regular employee who’s out sick or on maternity leave, plus individuals can hire contractors to redesign their house.

Contract work lets companies bring workers in without worrying about employee paperwork, and... ...read full post

Stay Safe While Driving A Supercar

 Stay Safe While Driving A SupercarNot many people have the kind of money you need to own a supercar. This class of vehicles includes extremely powerful sports cars designed by specialty manufacturers that only make a few hundred of each model per year, and they all come with a six-figure price tag (sometimes seven). As such, the only owners tend to be the very wealthy and car lovers who are willing to save up for the purchase.

However, you can also find a few places that rent out supercars like Lamborghinis and Ferraris, especially in a state like Florida where millions of vacationers visit every year. However, when you’re driving something that expensive and that powerful, the rules of the road are more important than ever. Be sure to remember everything you know about defensive driving when you’re on the highway or in the city, and keep in mind that supercars bring their own challenges.

Remember You’re Driving A Wide-Body Car

Most supercars are wider than the average sedan or SUV. This is because a wider body with the wheels set farther apart is more stable, especially when taking... ...read full post

When Does Premises Liability Not Apply?

When Does Premises Liability Not Apply?Premises liability, the so-called “slip-and-fall” laws, are all about the responsibility of the owners and property managers have to the people who enter their premises. This responsibility is strongest toward guests, or invitees, and weakest towards trespassers who go where they aren’t supposed to. In between are employees and others who are expected to know more about the property and help keep it in good shape.

Premises liability has a few requirements if a plaintiff wants to sue a person or business, and that means there are plenty of situations where the property owner isn’t at fault for what happened. Here are a few examples to help you understand where the law begins and ends.

Assault By A Fellow Invitee

If one guest attacks another, the premises manager usually isn’t responsible. They may be partly at fault if (for instance) the location is a bar and they’ve allowed a patron to have a few too many drinks, and if the invitee was acting aggressively they may have wanted to ask them to leave, but in general an adult guest is responsible for his or her own... ...read full post

5 Difficulties Florida Workers Face When Filing Worker’s Compensation Claims

5 Difficulties Florida Workers Face When Filing Worker’s Compensation Claims Receiving workers compensation benefits in the state of Florida after suffering a workplace injury can be a surprisingly difficult endeavor. Florida is known to be a business friendly state, which doesn’t always translate well to being an employee friendly state, with laws in place that cause quite a bit of red tape when it comes to receiving the worker's compensation benefits you need. Because of these laws, it’s more important than ever to contact a skilled Florida personal injury or workers compensation attorney when facing recovery from an injury sustained at work.

There are some difficulties often experienced by Florida workers after they’ve been injured and are seeking workers compensation benefits. 5 of these difficulties are:

• Insurance providers choose your medical professional – If you’ve been injured at work and your injury requires a doctor’s care, this doctor will be chosen out of a list vetted and approved by your job’s worker’s compensation insurance provider. This means that you may not be able to be seen by your regular health care provider, or the health care provider of... ...read full post

What You Need To Know About Boating Accidents In Florida

What You Need To Know About Boating Accidents In FloridaFlorida has the single highest number of registered boats in the entire United States, with over 900,000 registered recreational vessels, and more than a million estimated unregistered canoes, paddleboards, and kayaks. Within the entire country, Florida is home to 7% of all American registered boats, and 11.5% of the nation’s boating fatalities. Florida is no stranger to its fair share of boating accidents, these ranging from the minor and inconvenient to the deadly and devastating.

South Florida, in particular, is home to the most boating accidents. A Boating Accidents Statistical Report released in 2016 showed the following counties leading all of Florida in boating accidents:

• Broward
• Miami-Dade
• Lee
• Pinellas
• Palm Beach
• Monroe

Florida is also the most highly impacted by alcohol related boating accidents. When one considers DWI offense, they typically think about cars, trucks, and motorcycles, but boating has its fair share of DWI related accidents as well. Alcohol is the primary contributing factor in two times as many boating accidents in Florida than anywhere else in the United States. Celebratory months with vacationers coming to Florida and a general relaxed atmosphere see the most... ...read full post

Determining Damages In A Florida Wrongful Death Case

Determining Damages In A Florida Wrongful Death CaseWrongful death cases are a different sort of personal injury case. While in personal injury cases determine damages based upon the impact the incident had on the injured party, wrongful death cases determine damages based more upon the impact placed on the deceased party’s surviving loved ones. From their economic well-being, to their emotional well-being, wrongful death case settlements are to cover many different impacts, helping the surviving family to better recover from the devastating incident.

Compensatory Damages

Compensatory damages will make up the bulk of a wrongful death settlement. These damages are awarded in order to repay the victim’s family for expenses such as medical costs and funeral expenses. If the deceased required ongoing medical care before eventually succumbing to their injuries, these expenses will be covered in compensatory damages as well.

Proving compensatory damages is fairly simple. The family of the deceased will simply need to submit all medical bills and records into their evidence, proving the amounts they’ve paid in order to cover these costs. In wrongful death cases, compensatory damages are rarely contested if the proper evidence is... ...read full post

8 Important Statistics About Slip And Fall Accidents

8 Important Statistics About Slip And Fall AccidentsThere is no other cause of injury in the United States that can beat out slip and fall in terms of causing widespread injuries and costing citizens millions of dollars every single year. The single most common cause of injury in Florida, slip and fall accidents can cause injuries ranging from a simple scraped knee on the sidewalk, to devastating traumatic brain injuries, broken bones, or spinal cord damage. In order to better understand the severity and impact of slip and fall accidents in Florida, 8 important statistics are:

• Over 1,000,000 people in the United States visit the emergency room each year due to a slip and fall accident – The number of people in the United States that require emergency medical attention due to a slip and fall each year is over a million, and this only includes those who seek emergency medical treatment. Often, because some injuries don’t cause symptoms until later, those who suffer a slip and fall accident may not seek emergency medical attention and instead visit their personal care physician later on. While over 1 million... ...read full post