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What Happens When The Insurance Company Denies Your Claim

What Happens When the Insurance Company Denies Your ClaimIf you have been involved in a car accident, then you may be a bit unsure of what steps to take following the accident. For example, if someone else was the cause of the accident, what do you do? Do you file a claim with the other driver’s insurance company so that you can get your car repaired?

What if you were injured? Will the other driver’s insurance company also pay for any and all medical expenses as a result of the accident? With so many questions and an unclear path to take, it may be beneficial to seek the services of a professional personal injury attorney to help walk you through the process, so you don’t forget a single crucial step involved in receiving fair compensation.

Insurance Company Denials

You have already called and filed a report with the at-fault driver’s insurance, and you are anxiously waiting to hear back about your claim. You have sent in all the appropriate paperwork and have garnished all the information they have asked for. Then they come back saying that they are not liable for the damages and won’t... ...read full post

The Role Of The Judge In A Personal Injury Case

The Role of the Judge in a Personal Injury CaseAccidents happen, and when they do, you might find that you have a personal injury case because of an accident or injury that you have sustained due to the negligence of another person. If you do decide to take legal action, then you may have a few questions about how personal injury cases work and what happens when they go to court.

What is a Personal Injury Lawsuit?

If you have suffered harm from an accident or injury and someone else might be legally responsible for what happened, then you can formalize a personal injury case through civil court proceedings.

There are generally two types of personal injury cases, and these include a formal lawsuit and an informal settlement. In an informal lawsuit, the case will typically begin when the plaintiff (the injured party) files a civil complaint against the other person alleging that the accident or injury was caused due to their negligence or irresponsibility.

An informal settlement is usually between those that are personally involved in the dispute including the injured party, the insurance companies for both sides and their attorneys. Settlements often occur... ...read full post

Are You Prepared For Your Next Boating Trip?

Are You Prepared for Your Next Boating Trip?When there is a boating accident, there may also be a few hiccups and obstacles when it comes to the legal issues associated with personal injury cases due to these kinds of accidents. The biggest challenges come when determining liability and establishing negligence.

While boating is a fun activity that can be enjoyed by the whole family, it is important to practice safety and be mindful when operating a boat, just as you would when operating a motor vehicle.

Negligence

If you are involved in a boating accident, it is up to you to prove negligence of the other party involved so you can proceed with a negligence claim. Remember, negligence is the failure to act with reasonable care. In that respect, yourself and your lawyer must be able to prove that any damages or injuries sustained were due to the fault of someone else and not your own.

The primary types of boating accidents that will typically occur include when your boat hits another boat, your boat hits another boat’s wake, your boat hits a wave, or your boat hits a submerged rock,... ...read full post

Determining When The Landlord Is Responsible For A Slip And Fall

   Determining When the Landlord is Responsible for a Slip and FallThe term slip and fall is often used in personal injury cases in which a person slips or trips on someone else’s property. This type of personal injury case can also fall into the category of a premise liability claim.

Typically, slip and fall cases will occur on someone else’s property, and when this is the case, the owner of the property may actually be responsible for any injuries that may have been sustained due to the slip and fall.

Rental Properties

While slip and fall cases are pretty straightforward when it comes to most residential and commercial cases, the lines may become a bit blurred if you are renting a property and you slip on the premises. When are you able to, as a renter, hold the landlord responsible for your injuries?

To establish a slip and fall case, to begin with, one must prove that negligence was the cause of the fall. If negligence cannot be proved, then there is absolutely no case for liability. Therefore, you must be able to adequately prove that your landlord is... ...read full post

Health Insurance And Auto Accidents- What To Expect

Health Insurance and Auto Accidents- What to ExpectYou have recently been involved in a car accident and sustained injuries. Now the medical bills are beginning to pile up, and you are unsure of what you need to do to file a claim so that the insurance provider of the other party responsible can step up and pay these bills. Do you have to use your own health insurance to cover these costs?

Who Caused the Accident?

If the other driver was responsible for the accident, then the liability for bodily injury should fall to their car insurance for the medical expenses. Your own car insurance, despite who is at fault or not, should also pay for your medical expenses.

However, there are also times when you can and cannot use your health insurance as a replacement for your car insurance for injuries and medical expenses.

Health Insurance of PIP

Florida is one of the few states that requires that you carry personal injury protection insurance (PIP) in addition to your other coverage. PIP is used to cover any injuries sustained due to the accident, rehab costs, and even lost wages.

While PIP and health insurance basically do the... ...read full post

State And Local Laws That Cover Dog Bites

State and Local Laws that Cover Dog BitesIn the state of Florida, a dog owner has only two defenses when it comes to a dog bite claim. These two defenses include trespassing as well as comparative negligence. Florida’s dog bite law also requires an injured person to be lawfully in place when the bite occurs in order to recover damages.

Does Florida Have a One Bite Rule?

Some states follow a strict one bite rule meaning that the owner of a domesticated animal, like a dog, will be held strictly liable for any injuries that the animal causes if the owner previously knew about the animals dangerous or vicious tendencies because they had been manifested in the past. Florida, however, is not one of those states that abide by this particular rule.

Is There a State Mandated Leash Law in Florida?

Currently, there are no formal mandated leash laws in effect for the state of Florida. This decision is typically left up to the county or city government. Dog restraints and leash laws and regulations are useful for helping keep dogs under control and preventing dog bite accidents from occurring.

Charlotte and Sarasota Counties

In Charlotte County,... ...read full post

School Bus And Pedestrian Safety

School Bus and Pedestrian SafetyWith school back in session, it is important that we brush up on the laws regarding school buses and pedestrian safety to avoid any accidents. The traffic in the morning and afternoon on school days can prove to be a mess due to the massive congestion. Kids are in a hurry to get to school on time or get back home, and drivers are worried about making it to their destinations on time.

It is when this hurried feeling of pedestrians and motorists alike get in the way that can cause accidents that could have otherwise been avoided if proper care was taken.

Dropping Off the Kids

If you drive your children to school, to avoid any accidents, you should always follow the proper drop off procedures as designated by the school. Never double park your car because doing so can block visibility for others. Never load or unload children on the side of the road by the school, and it may be beneficial to carpool to and from school to reduce the number of vehicles in a hurry to drop off or pick up students.

Sharing the Roadways

As a... ...read full post

Staying Safe During A Longer Commute

Staying Safe During a Longer CommuteNo matter where you live in Florida, you are probably well aware of the longer than normal commuting times involved in getting to and from work. Some people may see up to two hour long commutes on a daily basis because of congested traffic, adverse weather conditions, and poor road conditions.

With more of our time spent in our vehicles and on the road, we are seeing greater potential for getting into an accident while on our way to or from work and home.

The following are a few tips you can follow to help keep you safer on that long commute:

Avoid Distractions

Distractions are one of the most significant causes of accidents, and this is often because the driver is paying more attention to tasks such as eating and drinking or checking their cell phone. To make your commute safer, put down the food and the phone and pay more attention to the road.

Remember the Rules

Next, you will want to reminisce about the days you spent in your driver education courses. Before pulling out of the driveway or parking lot, check your mirrors. You don’t want to have to... ...read full post

Is Carpal Tunnel Syndrome A Work Related Injury?

Is Carpal Tunnel Syndrome A Work Related Injury?Getting injured on the job in America meant a very different thing in the 20th century. Back then, America was primarily a country of industry and agriculture. So injuries then—and to a degree even today—were related to more physically demanding activities. People injured in construction accidents or on a farm, or even in a factory were commonplace.

Today, however, America is more of a service and technology country than it is an industrial one. Many people that hold jobs don’t see the inside of a factory or a building being put up. Instead, they spend a lot of time working the till in a retail setting, or in an office, entering data into a computer. As a result, the nature of work-related injuries has changed as well.

There’s one, in particular, that is affecting a lot of people, on an everyday basis, and it’s known as carpal tunnel syndrome. But it might also affect people on the job as well.

What Is It?

Carpal tunnel syndrome gets its name from the carpal bones that run from one side of your wrist to the other. This is where a bundle... ...read full post

The First Steps In Filing Workers Comp Are The Most Important

The First Steps In Filing Workers Comp Are The Most ImportantIf an accident occurs at the workplace, and it’s clear that this is a legitimate injury, with negligence on your part, then you are entitled to workers compensation. However, in order to get that workers compensation, and ensure that there are as few barriers as possible to you getting it, there are a few things you should keep in mind. The filing of a claim for workers compensation relies on a series of steps that you must make sure to get followed. We’re going to explain what they are, so that you know how to stay ahead in this situation.

Timing Is Everything

While you should always be worried about getting through the treatment and recovery of an injury at work, don’t delay too long on filing the claim. There is an actual “statute of limitations” on when a workers comp claim can still be legally valid and recognized, and the time limit is 30 days. This, however, applies only to you, as the injured party.

You must ensure that sometime within the 30 days that you are injured you have filed your claim and... ...read full post

An Injury Does Not Mean Termination

An Injury Does Not Mean TerminationAmerica is a nation that is forged in hard work, and that means it knows the value of a good worker. This is a country that tries hard to ensure that people who put in the time and the effort get a fair deal, and are recognized for their efforts. One of the ways that people with full-time jobs are rewarded for their dedication is through financial assistance if they are injured. This is known as workers compensation, and anyone that is injured in an accident, while on the job, is entitled to this if it’s offered by their company and part of their position.
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But unfortunately, some employers are not always ready to be sympathetic, or even recognize the validity of a workers comp claim. And in some cases, they respond in unreasonable, even illegal ways in order to avoid honoring the workers comp agreement.

It’s Unethical

In some of the worst cases, a person will find themselves injured while on the job, and unable to work for a period of time while they recover, only to find they no longer have a job to return to once they’ve... ...read full post

What’s The Difference Between Social Security Disability & Workers Compensation?

 What’s The Difference Between Social Security Disability & Workers Compensation?For most people, the primary means of income is going to be simple and straightforward. You get a job, you work, and you get paid. Whatever you get paid, that money is yours to do with as you wish, whether it’s to pay a mortgage or save for a college fund for your children.

But for some people, through no fault of their own, things can go wrong. Accidents, after all, do happen, and some of them are serious enough that real harm can arise. When that happens, it may no longer be possible to work, and that’s when the “safety net” makes an appearance to help people to deal with situations that are no fault of their own.

Two of these safety nets are known as workers compensation and social security disability insurance. And while they have been implemented to help people with the challenges of an injury, they serve different purposes and have different qualifications. So what makes these two so different from each other?

An Accident At Work

Workers’ compensation, more popularly known as workers comp, is a form of financial protection for... ...read full post

What If You’re Injured At An AirBnb Home?

what-if-you’re-injured-at-an-airBnb-homeFlorida is one of the biggest tourist destinations in the USA, if not the world. The mild climate means that many “snow birds” flock to this state during the winter, when temperatures here are still pleasant and warm. But beyond that, the many world-class tourist destinations, such as the resorts and parks around the Orlando area, or the many beaches, or even historical sites, such as Hemingway’s home in the Keys, means that visitors come for many other reasons.

So it should come as no surprise that accommodations in Florida are a pretty big business. Beyond the standard hotels, there are also entire apartments and homes professionally maintained as rentals or long-term stays. But now added to this mix is “AirBnB,” part of the sharing economy where average, everyday people use their own property, such as a car, or home, to make money on the side as amateur taxi drivers or hoteliers.

With cheaper prices than hotels, it’s no surprise that AirBnB rooms, apartments, and even entire condos or homes are a popular way for people to stay in Florida. It’s even less surprising when you consider just how lucrative certain properties can be... ...read full post

Workers Comp Doesn’t Mean Suing Your Employer

Workers Comp Doesn’t Mean Suing Your EmployerFor a lot of Americans, the idea of going to court for a lawsuit usually conjures up stories of two heated enemies, going into the legal equivalent of an ugly, knock-down, drag-out fight. In some instances, unfortunately, this is true. A person injured at an amusement park, for example, going after the company that manages the amusement park is in for a fight. Even private individuals that go to court for injuries in a car accident can get very hostile as people attempt to prove or deny an injury and the party responsible for it.

This is why in cases of workers compensation if the claim is denied, some people may be very reluctant to take the case to court, especially if they have a good working relationship with their company. There’s a worry about what happens if they take their company to court, and how that could affect their career within that company.

It’s Not About Your Company

The important to thing to understand about workers compensation is that this is something that is provided through the company you work for, but it is not by your... ...read full post

Reasons Workers Comp Is Denied

Reasons Workers Comp Is DeniedFor professionals in Florida who have worked hard and earned fulltime employment, with benefits, workers compensation is one of those big factors that creates a lot of peace of mind. In a country where one bad accident is capable of wiping out life’s savings through medical treatment alone, knowing that your company “has your back” if you get hurt on the job is a lot more valuable than people might think.

But this compensation, more commonly known as “workers comp,” while reassuring, is not something that you can absolutely rely on. As unsettling as it may be to think, getting injured is not a guarantee that workers com-pensation will be allotted to you by your employer. There are different situations and different reasons why workers comp might be denied, and we’ll go into some of the ones you need to watch for now.

You Weren’t Injured At Work

This shouldn’t need to be pointed out, and yet, for many people, this is a common assumption. Workers comp is not a general form of medical insurance that is there for you no matter what. If it’s the weekend, you’re not at work,... ...read full post

Are You At Risk At Your Workplace?

Are You At Risk At Your Workplace?Getting injured at work is something that no one hopes happens to them. And yet, at the same time, if it’s going to happen anywhere, work is the place with the highest likelihood, simply because many people spend eight or more hours, five days a week, in the workplace. Depending on the line of work, there are certain physical risks as well. But some workplace injuries are much more common than others. Are you at risk from any of these?

Machine Injuries

This is an especially dangerous risk in factories that put people in proximity of large, industrial hardware. Anything that is designed to manipulate materials as quickly as possible can do untold damage to a human being when placed in the same situation. Depending on the type of hardware, machine-related accidents can result in limb loss or even death.

Repetitive Motion Injuries

While not as serious as limb loss, or death, repetitive motion injuries are incredibly common in today’s working world, across many different fields and industries. Workers in factories who constantly repeat the same assembly motions are just as prone to this as musicians playing their instruments, or... ...read full post

Debunking Myths About Social Security Disability

Debunking Myths About Social Security DisabilitySocial Security Disability is a type of insurance that pays out benefits to you and certain members of your family if you are insured and have worked the appropriate amount of time that is necessary.

Social Security Disability Income (SSDI) or Supplemental Security Income (SSI) benefits begin to pay out when you are no longer able to do any substantial work due to a physical or mental impairment that is expected to last long term.

While the two programs sound very similar, they are actually different, and this also happens to be one of the biggest misconceptions when discussing social security benefits.

You do not have to be disabled in order to qualify for SSI, for example, like you do with SSDI because it is rather a financial need-based program and not a disability program.

The following are a few more of the more common myths that are floating around about SSDI and the information you need to know.

Myth Number One: I am completely healthy, so I don’t have to worry about disability

Like many things in life, disability is unpredictable, so you never will really know how soon... ...read full post

What You Need To Know When Applying For Social Security Disability Benefits

What You Need to Know When Applying for Social Security Disability BenefitsNavigating the process of applying for Social Security Disability benefits may be challenging if you are unsure of where to start and you don’t know the proper steps to take to go from the beginning of the process to see a successful ending with approval.

There are several things you should know prior to applying, so you can better prepare yourself for what may be coming.

When Should You Apply?

When applying for social security disability benefits, it is important to note that the benefits wouldn’t begin until the sixth month of disability has passed. The waiting period will start once your first full month begins.

How Do I Apply?

You can conveniently and easily apply online, or you can call the Social Security office toll-free if you prefer to speak to someone directly about the application process.

Additionally, you can also make an appointment at your local Social Security office if that is easier and more accessible.

Disability Evaluation

The Disability Evaluation has been set up to provide medical professionals with the information they need for disability programs that are offered through the Social Security Administration.

The... ...read full post

Slip And Fall Accidents In The Workplace

Slip and Fall Accidents in the WorkplaceWhen in the workplace, it is important that you understand the risk factors that could potentially cause a slip and fall accident and find ways you can prevent this from happening. While there may be signs and other warnings listed around the workplace, do these really do much in the way of helping to prevent this type of accident from occurring in the first place?

Potential Slip and Fall Hazards

Many things can contribute to slip and fall accidents in the workplace including:

• Lubricant or other substances being spilled on the floor
• Water on flooring that is non-porous or sealed
• Water left over from mopping
• Obstructions on the walkway
• Stairs and Steps
• Other uneven surfaces

Falls are one of the leading causes of more serious work-related injuries and even death. They are also more prevalent in certain industries over others. For example, slip and falls are more frequent in:

• Construction
• Healthcare
• Retail stores
• Warehouses

What Happens After a Slip and Fall?

If you were unfortunate enough to get injured while at work, then you may be entitled to compensation for those injuries. Workers compensation insurance is coverage the employer provided for their employees in case they are hurt while... ...read full post