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Lawsuit Settlements Are A Good Thing

Lawsuit Settlements Are A Good ThingWhen most people think about lawsuits, they probably think of all the courtroom dramas on TV and in films where lawyers cleverly maneuver around each other, discover key pieces of evidence in the middle of a trial, and trick witnesses into confessing on the stand. Moments like these make for great stories with plenty of drama, but what they don’t do is represent how the vast majority of real-life cases go. Most real lawsuits end with a settlement out of court, and that’s almost always a good thing.
Lawsuits Are A Last Resort
In the first place, filing a civil lawsuit represents the fact that the parties on either side have a problem with each other and can’t solve it themselves. For instance, if a person slips on a rainy road and falls into a ditch, her insurance company might not want to cover all the repairs and towing costs she needs to pay to get her vehicle back in shape. They may claim that some of the damage came from wear and tear that she has to cover herself, or else that policy doesn’t cover the kind of... ...read full post

Premises Liability As A Commercial Building Owner

Premises Liability As A Commercial Building OwnerThe basic idea of premises liability is that if you are responsible for an area like a building, a park, a construction site, or a home, then you have a duty to keep that area safe for guests, employees, residents, and anyone else who has a lawful reason to be on the property. If the premises are unsafe for some reason and someone is hurt because of that, then you may be responsible for compensating their injuries even if you didn’t do anything to cause direct harm.

The issue of responsibility gets complicated when the person or business that owns the land and the building are different from the person or building who uses it. This is especially true when it comes to commercial property since businesses are at every level of ownership. If you own commercial property you probably won’t be held responsible for every safety decision (or lack of decisions) the renting business makes, but just like a residential property owner you have certain responsibilities to your tenants that you can’t afford to neglect.
Building Upkeep
As the building’s owner, it’s your responsibility to keep the building... ...read full post

Stay Safe On The Road This Holiday Season

Stay Safe On The Road This Holiday SeasonPeople travel more during the holidays. Some travel to visit their relatives, some are escaping the cold weather in northern states, and some just want to enjoy the vacation they get at the end of the year. Whatever the reasoning is, holiday travel puts a lot of extra vehicles on the road and leads to a higher rate of traffic accidents and injuries. No one wants their vacation cut short by a road collision, so do your part to keep the roads safe and follow these tips.

Check The Traffic Reports

Checking traffic levels is much easier today than it ever was before. The map apps that come on smartphones can provide live traffic updates, and they can automatically suggest alternate routes that will take you around traffic jams and slowdowns. Many cars also come with traffic updates for their on-board navigation systems. During the holiday season you may want to use these apps to avoid traffic even if the alternate routes would be slower, because you’re more likely to experience an accident when a lot of cars are packed together than... ...read full post

Was Your Accident The Result Of A Recall?

Was Your Accident The Result Of A Recall?While most of us do not think we will have an accident when we get into the car, they do happen. So what if you or a loved one was in an accident and it was caused or made worse due to a defective part or vehicle malfunction? What are your legal options?
Can I File A Product Liability Lawsuit?
Last year, 29.3 million vehicles were recalled. While driver error is the primary cause of auto accidents, there are however times when an automotive defect either caused the accident or contributed to the injuries you sustained. In cases such as these, you have the right to file a product liability lawsuit against the car manufacturer, for the defective part that caused you to be injured.
Seven Common Car Defects That Can Cause Injuries
Hopefully you will get notified of a recall and fix the defects before any harm comes to you but realistically it does not happen consistently. In a product liability suit you claim the car was defective, you used it as intended but as a result of the defect you were injured and suffered damages. Some more... ...read full post

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

What Do I Do If A Tractor Trailer Hit Me?

What Do I Do If A Tractor Trailer Hit Me?When you look at the difference in the sizes between tractor-trailers and passenger vehicles you can see how a collision can cause some serious damage to the passenger vehicle. While commercial trucks are often responsible, the tractor trailer driver is not automatically at fault for the accident. Usually the court and the insurance company will look at the entire circumstances before determining who is at fault.
How Is Fault Determined In A Tractor Trailer Accident
When a tractor trailer is involved in a serious accident there are common issues that could result in the driver being at fault, such as:

● Asleep being the wheel
● Driving under the influence
● Driver failed to check blind spots
● Driver did not use mirrors to look out for cars
● Driver was inexperienced.
● Improper training

In any of these cases, the driver will be liable for the damages caused by the accident.
The Accident May Not Be The Driver’s Fault
One of the largest contributors towards tractor trailer accidents is equipment failure. The driver are responsible for checking their vehicles and making sure everything is in working order. Trucks that are overloaded, cargo... ...read full post

What Is Tort Law?

What Is Tort Law?Like a lot of legal terms, the word “tort” comes from Latin. The original word was “tortum,” which means “wrong” or “injustice.” It can also mean “injury,” which is why today this area of law is often called “personal injury law” instead. However, while the name may be new, the basis of tort law goes back centuries.
Civil Law And Personal Injuries
The biggest division in the American legal system is between criminal law and civil law. When you break a criminal law, the government prosecutes you and decides if you deserve prison time or a fine. If you disagree with this, you can take your case to trial and have a jury decide your fate. When you break a civil law, it’s usually up to the person or business you wrong to demand that you stop or you compensate them for what you did. Civil law covers several areas like immigration law, trademark law, contract law, and patent law.

Tort or personal injury law is one of those areas. The idea is that if someone is responsible for injuring you, damaging your property, or killing a close relative, then you have... ...read full post

What To Do After A Jackknife Accident In Florida

What To Do After A Jackknife Accident In FloridaA semi-truck with a single trailer can weigh up to 80,000 lbs. That makes driving them extremely difficult, especially when it comes to turning and braking. This weight is also what makes a trucking accident especially dangerous. One of the most common types of semi-truck accidents is jackknifing. Jackknifing can cause catastrophic damage and severe injuries. Here is everything you need to know about jackknifing accidents.
What Is Jackknifing?
Jackknifing is a term for a type of semi-truck accident where a truck and a trailer go into a skid and the trailer swings out into a 90 degree angle. What makes these accidents so dangerous is that the movement of the trailer is extremely hard to predict. So even if the tractor misses the other motor vehicle, the trailer can cause a collision. In almost all cases, when a semi-truck jackknifes, it causes the entire truck to rollover because of the force of the velocity.
What Causes A Truck To Jackknife?
There are a lot of factors that can cause a semi-truck to jackknife including:

● Improper or sudden braking
● Sharp curves and turns
● Improperly loaded... ...read full post

What To Do If You Are In A Florida Motorcycle Accident

What To Do If You Are In A Florida Motorcycle AccidentFlorida is one of the best places to ride your motorcycle. With the beautiful weather, lovely coastline and highways, it is bikers paradise. But due to the amount of motorcycle drivers, Florida leads the nation in motorcycle fatalities. According to statistics, one fifth of all accidents in Florida involve motorcycles.
What To Do If You Are Injured In A Motorcycle Accident
If you have the misfortune to be in an accident there are several steps that can assist your case.

• Stay At the Scene If Possible: If your injuries do not require hospitalization, stay with your vehicle and wait for the police. This allows you to complete a proper accident report.

• Collect Information: Get the other driver’s personal and insurance information. This included the license plate number, car make and model. Take down any details of the accident, take photos, not just of the vehicles but the street or intersection from all sides. If you are unable to do so, get someone else to help you record this information.

• Do Not Interact With The Other Driver: Other than getting the drivers information, do... ...read full post

Boating Accidents Can Be Deadly

Boating Accidents Can Be DeadlyIt should come as no surprise to any resident in Florida that with such warm weather throughout the year, and a state that juts out into the ocean, many residents and tourists take advantage of all the water with some boating. And when you have many boats on the water, there’s bound to be the occasional accident.

But sometimes the accidents can be tragic and, worse yet, easily avoided. And while Florida has its fair share of boating accidents, that doesn’t mean that Americans can’t get hurt in boats in other parts of the continent. And that’s exactly what happened to one American up north.
A Summer Bird Tragedy
It’s common for Florida to play host to “snowbirds,” people from either the northern United States or even Canada, that come down like migratory birds to spend the winter in the warm waters of Florida. However, in this case, Gary Poltash, 64, of Florida, was a “summer bird” who went up to Canada to enjoy the warm weather of the southern part of the country during the summer.

Unfortunately, that decision cost him his life. On August 24th, 2019, at... ...read full post

Brain Injuries Hurt In More Ways Than One

Brain Injuries Hurt In More Ways Than OneWith most other injuries that are sustained in accidents, such as a car accident, or a slip and fall in a commercial space like a shopping mall, or amusement park, an injury to a single organ is straightforward. A broken arm means that there’s a loss of mobility in that limb, and recovery may require a cast, or even pins in the arm depending on the extent of the damage. However, everyone knows exactly what to expect from a broken arm, or liver damage, or a punctured lung.

The brain, however, is an entirely different story. As the literal nerve center of the human body, multiple functions are regulated by this single organ, meaning that any injury to it can be difficult to predict because there isn’t just one possible side-effect. Some of the consequences a victim brain injury runs the risk of experiencing are:
Mobility Impairment
It is the brain that issues the “orders” to other limbs in the body to move when a person wishes to walk, run, text a message on the phone, or lift a fork to eat a meal. A brain injury can... ...read full post

Children & Dogs Can Be A Dangerous Mix

 Children & Dogs Can Be A Dangerous MixWhile the old saying “the dog is man’s best friend” may be true in many cases, it’s not a guarantee, and it’s not an assumption anyone should make when a dog and a child that have never interacted before meeting for the first time. A dog, even domesticated, is still an animal, processing the world with its own rules, social signals and boundaries. A child is still learning about how the world works, and frequently tests rules or boundaries, or does something due to a lack of awareness that there are rules and boundaries.

For people that own dogs, this can put their animal—and by association, the owner—at some legal risk if pre-cautions aren’t taken.
You’re Responsible
A dog is not cognizant in the same way a person is. It can’t engage in discussion, can’t be warned of laws or regulations, and does need or have to understand the social nuance of person-to-person interactions. This means that as loving and friendly as dogs can be, there’s also a certain unpredictability to them for people that don’t take the time to understand how dogs see and interact with... ...read full post

The Stakes Are Higher When Wrongful Death Happens To A Child

When Is The Right Time To Hire A Lawyer After An Accident?In California, a highly publicized case came to final decision and tragic—but just—close as a family tries to put their lives together and move forward in the face of an irreplaceable loss. The world-famous Swedish furniture retailer, Ikea, has settled with a family for an astounding $46 million after their child was crushed by an Ikea product. This may very well be one of the largest wrongful death settlements in American legal history.
A Proactive Business Model
Ikea is well-known to Americans and other shoppers throughout the world as the go-to destination for cheaper, but stylish furniture. One of the reasons that Ikea can set significantly lower prices is the assembly-required business model they use. Unlike many other furniture stores that display artisan or professionally manufactured furniture that customers buy and then relocate to their home, Ikea shows off fully assembled furniture, but the actual product is “flat-packed” in a warehouse on-site, picked up and then assembled at home.

As a result, there’s a certain expectation that Ikea furniture is only as good as the effort you’re willing to put... ...read full post

Do I Qualify For Compensation From My Dog Bite Injury?

 Do I Qualify For Compensation From My Dog Bite Injury?According to statistics from the website FloridaHealth.gov, every year over 600 Floridians are hospitalized as a result of injuries that they have suffered from a dog bite. On average, two people die of their dog bite injuries annually. Dog bites can inflict serious injuries to adults as well as children and the results of those injuries can be devastating. The hospital bills are on average 50% higher for dog bite victims than any other injury related stays. If you’ve been bitten by a dog, you may be entitled to compensation from their owner for damages and pain and suffering.

Dog Bite Injuries And Damages

In addition to being very traumatic, a dog attacking you can often result in long term or permanent damage to you physically. Some of the more common dog bite injuries we see here in Port Charlotte include:

● Bite marks
● Cuts and bruises
● Lacerations
● Soft tissue injuries
● Broken bones
● Permanent scarring
● In some cases, death

Florida Dog Bite Statutes

In the state of Florida, we are a “strict liability” state when it comes to dog bites. Florida’s dog bite statute (FLSA 767.04) states that... ...read full post

Five Ways To Get The Most Fair Settlement For Your Accident Injury Claims

Five Ways To Get The Most Fair Settlement For Your Accident Injury ClaimsLet’s face it, insurance companies are a business and businesses are concerned with making money. When you bought your policy, they may have been very kind and supportive, but when it comes to filing a claim, often their tone changes. Insurance companies will do whatever it takes to pay you the least value for your injury claim. In order to get a fair claim to pay for all your medical bills, lost wages, and other related expenses, you need a strong strategy to support your rights. Here are five tips to help you get the compensation you deserve:
Hire A Personal Injury Attorney
The most important thing you can do is work with someone who understands the law and will advocate for you. An attorney that specializes in personal injury law will do just that. Attorneys know exactly what needs to be done to get a fair settlement. They will help you during every step of the process from gathering evidence to communicating with your insurance company to negotiating a fair settlement. Attorneys will even take your case to... ...read full post

Can You Sue A Casino For Gambling & Losing?

Can You Sue A Casino For Gambling & Losing?Kenny Roger’s famous song “The Gambler,” tells people, “You got to know when to hold ‘em. Know when to fold ‘em. Know when to walk away and know when to run.” It’s a cautionary tale about taking risks both in life and at the card table. And while most people accept that when you place a bet and take your chances, some people don’t handle a poor bet well when they lose the money. In most cases, especially here in Florida, the hand you’re dealt or the dice that are rolled are simply things you have to accept, and the law is firm about not giving back that money once you’ve bet it.

However, one man in Canada is challenging that assertion and suing a casino for negligence, trying to get back the money he lost.
The Dram Shop Law
In Florida, when it comes to drunk driving, this is illegal, and if the driver who caused an accident is proven to be driving under the influence, or DUI, criminal charges, in addition to lawsuits can be leveled against the responsible party. However, depending... ...read full post

A Joke Can Cost You Workers Comp

 A Joke Can Cost You Workers CompFor Americans fortunate enough to have full-time jobs with health benefits and other perks, workers' compensation is one more bit of financial peace of mind that helps people work with confidence. Workers' compensation is a special form of financial support that only comes into play if someone is injured while on the job. The compensation can range from coverage for the bills for medical treatment, if required, all the way providing extra financial assistance if an injury is permanent, crippling and leaves someone unable to return to work.
Payment In Good Faith
Workers' compensation operates on three basic principles to qualify for it. The first and most obvious is that it is there to help financially recover from an injury incurred on the job. If someone gets injured while on vacation, workers' compensation will not provide any coverage for that.

Another important aspect of workers' compensation is that it is for work-related injuries that are not the fault of the victim. So, for example, a truck driver that is injured in a collision, where evidence is later found of alcohol consumption would not receive compensation for that work... ...read full post

How Do Florida’s No Fault Laws Impact My Accident Settlement?

 How Do Florida’s No Fault Laws Impact My Accident Settlement?Florida is one of several states in the United States that is a no fault state. This means your insurance will pay for your injuries no matter who was at fault. It is required in Florida for every driver to carry a minimum of $10,000 in personal injury protection per person. However, Florida law does allow injured victims to file a personal injury lawsuit if you have been seriously injured as a result of the accident. These injuries include:

● A permanent injury
● Significant and permanent disfigurement or scarring
● Significant and permanent loss of a bodily function.
● Death (Your estate would file)
What is the Burden Of Proof In A Florida Lawsuit
When you file a personal injury lawsuit and you are the victim, you and your personal injury attorney will have the “burden” of proving a “preponderance” of evidence that every element required in your claim is present. The four elements that you must prove in the state of Florida are:

• Duty: You must show that the defendant had a legal obligation to act with reasonable care so there is no risk of harm.... ...read full post