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What Should I Do After A Slip And Fall Accident?

What Should I Do After A Slip And Fall Accident? One of the single most common causes of injury in the state of Florida is a slip and fall accident. While the average fall might scuff up the knees and leave a couple of bruises, a surprising number also leave behind serious injuries. Broken bones, soft tissue injuries, spinal cord injuries, and traumatic brain injuries just some of the common repercussions of a slip and fall accident. Under Florida law, property owners have a legal duty of care to provide safety to visitors, and if a slip and fall occurs due to a property owner’s negligence, one may be able to receive compensation.

After a slip and fall accident has occurred, there are some things a person should do retain their right to a settlement. A few steps that must be taken after a slip and fall include:

• Seek medical attention – Even if you believe your slip and fall hasn’t caused any injuries, one can never be sure until they’ve been evaluated by a medical professional. Soft tissue injuries and some TBIs might not show symptoms straight... ...read full post

What To Do After Suffering A Dog Bite

What To Do After Suffering A Dog BiteWhile dogs and humans have a bond that goes back thousands of years, they can also pose a threat when not properly trained or owned by negligent pet owners. According to the Florida Department of Health, more than 600 Florida residents require an overnight hospital stay due to dog bite accidents each and every year. While children under the age of 6 are at the highest risk of serious dog bite injury, suffering a dog bite and the injuries that come along with them can happen to anyone.

After yourself or a loved one has been bitten by a dog, the next steps taken are crucial. The most important things a person can do after being bitten by a dog are:

• Seek medical assistance – Every dog bite victim should be treated by a medical professional after suffering a bite, and this rings true regardless of the perceived severity of the bite. While some bites may be deep punctures or bleed heavily, obviously requiring medical attention, others may not be so obvious. However, every dog bite has the potential to carry... ...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

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

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

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

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

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 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

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

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

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

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

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

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

You Have Witnessed An Accident- What Do You Do?

You Have Witnessed an Accident- What do You do?With more and more people on the roads these days, accidents are becoming more and more common. This also means that your chances of witnessing an accident are also much higher. So, what do you do if you witness an accident? It doesn’t matter if you are driving behind the car that is involved in the accident or you are walking nearby and witness it; you should still stop and assist and offer your take on what happened.

The following are a few steps you can follow if you are a witness to an accident:

Safety is Always First

Safety is key. So, before doing anything, make sure you pull over off the road to a safe place and leave enough room between your vehicle and the accident, so emergency vehicles and police can get close. Once off the road, be sure to turn your hazard lights on to alert the other drivers that you are pulled to the side of the road.

If it is safe, you can then exit the car carefully, being mindful of the traffic and surroundings. You can then call... ...read full post

The Dangers Of Distracted Driving

The Dangers of Distracted DrivingDistracted driving, unfortunately, is pretty commonplace on our roads today and has led to multiple accidents involving other cars and drivers and even pedestrians. Distracted driving is when the driver is engaging in other activities that compromise the safety of themselves, their passengers, and those around them.

Many different distractions can occur while you are driving:

• Taking your eyes off the road to play around with the radio or navigation system
• Daydreaming or becoming lost in thought
• Listening, using, talking, dialing, or texting on your cell phone
• Rubbernecking- paying more attention to an object or event outside of the vehicle
• Talking or looking at passengers in the car with you
• Eating or drinking
• Adjusting vehicle device controls such as the windows, door locks, or mirrors
• Using or reaching for any kind of device
• Smoking- lighting the cigarette, ashing it, or putting the cigarette out

According to the National Highway Traffic Safety Administration, more than 65,000 people have been killed in car crashes, and in those instances, one in ten of those accidents were because of distracted driving.

How to Avoid Becoming Distracted

To avoid distracted driving and to help avoid becoming a statistic, there are several things you can do while... ...read full post

What Happens When A Swamp Tour Goes Wrong?

What Happens When A Swamp Tour Goes Wrong?Airboat tours are a popular attraction in Florida. While the state’s coasts offer lovely beaches, cruises, and nature walks, much of Florida’s interior is lakes, swamps, and wetlands. To see this aspect of Florida’s natural beauty, many people take airboat tours, and thanks to the often shallow waters that’s usually the best way to travel the wetlands.

Unfortunately, “usually” can sometimes be far away from “always.” From 2014 to 2016, over 75 airboats have been in reported accidents, injuring 102 passengers and killing seven. That’s not much compared to the over 12,000 registered airboats or the 1,000 registered for commercial use, but the words “That wasn’t very likely” are a cold comfort to the people who were injured or the families of those who died.

A Regulation Problem

One of the big issues in Florida is the fact that, while airboats and airboat tours are popular, the state has few regulations for operating them or using them commercially. Passengers don’t have to wear lifejackets even though the waters can get deep, and their seats don’t need seatbelts. Commercial operators don’t have to go... ...read full post

NHL Players Are Suing The League For Brain Injuries

nhl-players-are-suing-the-league-for-brain-injuriesRetired National Hockey League players like Bryan Berard have been taking their former league to court in recent months in an effort to get compensation for the repeated brain injuries and concussions they received throughout their years of playing. Berard, in particular, suffered at least five concussions and went blind in one eye during his career, and he’s dedicated his lawsuit to his recently passed friend, Jeff Parker.

The NHL’s Problem

Of all the national team sports with a major governing body, the NHL arguably the most aggressive. It’s true enough that hockey doesn’t have a dozen people lining up to smash their heads and shoulders into each other, but the sport almost seems to encourage and glorify dirty tricks like tripping each other with hockey sticks and random acts of violence like fistfights. Sure, players who get caught doing these things will get sent to the penalty box, but the audience has come to expect this violence and coaches often designate players to act violent and disrupt the other team.

Because of all this violence, it’s no real surprise that hockey players suffer a similar level of injuries as football players, including... ...read full post

The Hidden Cost: Maximum Medical Improvement

 The Hidden Cost: Maximum Medical ImprovementGetting injured while on the job, especially if the injury is serious, can be nightmarish for many people. One of the single, biggest crises that comes from such an incident is that you are no longer able to work and you require medical treatment. This is a horrible double whammy for most working-class Americans, since it signals the stop of a salary, as well as the need for financing to pay for whatever medical treatments may be required as well as any potential recovery afterwards.

In some cases, especially if you’re not at fault, and you’re working with a good workers comp lawyer, you can seek workers compensation. People fortunate enough to be in this situation have an experienced legal expert working on their behalf, proving that the injury was the result of someone else’s negligence on the job, and so it is up to the place of employment and/or their insurance company to provide financial workers compensation.

But even in cases such as this where the court recognizes a claim, and financing is secured, is that the end of the story? Not always, and the developments that... ...read full post

Don’t Assume All Injuries Are Present At An Accident

 Don’t Assume All Injuries Are Present At An AccidentWhen a traffic accident occurs, there’s obviously a lot of chaos that has to be dealt with. Sometimes this chaos is also accompanied by injuries, blood loss and the need for immediate medical attention. During such a hectic period, it’s very easy for a lot of things to get lost in the attempts to restore order. This is especially true if there are already some noticeable injuries such as cuts, bruises or even broken bones.

But one very important thing that all injury victims in an accident should consider is, as unpleasant as it may be to think about, the injuries may not be “over” yet. It’s medically possible that there are further injuries on the way even after the accident has occurred.

Not Everything Is Immediate

For example, the most obvious and well-known type of “delayed reaction” injury is a concussion. A concussion doesn’t have to be as obvious as a bump to the head, although that’s certainly a red flag for medically examining someone. If a sudden movement causes the brain to impact against the inside of the skull, for example, that’s not... ...read full post

Your Drone Is Your Responsibility

  Your Drone Is Your ResponsibilityThis falls squarely in the category of “21st century, first world problems,” but it bears repeating. We now live in a time where agile, versatile, extremely easy-to-use aerial surveillance technology exists in the form of drones. What was once a covert technology of the American military is now something that any American can buy in a store and start using.

However, just because you can buy a drone in a store and immediately take it to the air, it doesn’t mean you should. Especially from a legal standpoint. There are things that you, as a drone user, need to take into account if you don’t want to run into legal trouble and especially if you want to avoid being implicated in a personal injury lawsuit.

Register Your Drone

A few years ago, the Federal Aviation Administration, or FAA, came to the decision that drones are, in fact, aircraft. As a result, they fell under FAA jurisdiction, and it meant that no American is allowed to operate an unregistered aircraft. So while it is only a nominal fee, any American that wishes to legally operate a drone must fill out... ...read full post

What If You Are Injured In A Resort Or Theme Park?

What If You Are Injured In A Resort Or Theme Park?Florida is famous for a lot of things, but high on that list is the huge number of amusement parks, resorts, and other destinations that bring millions of tourists to the area every year. While these locations must go through intense inspections and meet the highest standards of excellence, the fact is that accidents do happen.

The most recent example of this occurred on June 14, 2018, at the Daytona Beach Boardwalk. The Sand Blaster roller coaster derailed and two passengers fell 34 feet, being seriously injured in the process. Along with them, seven more passengers went to the hospital for less serious injuries. But what happens when you're injured in an accident of this nature? What rights do you have? Understanding these questions could help you ensure that you are able to make a full recovery.

What Are Your Rights? 


In any Florida accident, those who are injured in an accident have the right to seek financial compensation for their injuries if they can prove that their injuries were a direct result of someone else's reckless or negligent actions. This applies... ...read full post

Even The Insured May Need To File A Personal Injury Lawsuit

Even The Insured May Need To File A Personal Injury Lawsuit When you're injured in an accident in Florida, it can have long-term, far-reaching consequences on your life. Making a full recovery isn't easy, and it's often something that comes with a financial struggle as well as a physical one. For most who are hurt, a financial recovery is only really possible with help from an insurance settlement or something similar. But far too often, people assume that their insurance policy will handle their needs.

After all, Florida still has PIP coverage requirements. These insurance policies mean that no matter who is to blame for an accident, your own insurance should cover the costs and pay for the financial burdens you're dealing with. But that's not always the case.

There are two significant reasons that you might need to consider talking to a personal injury lawyer and getting help with your situation.

• For one, your insurance policy may not cover all of your expenses. Medical costs, lost wages from work, future medical bills, and more can all have an impact on your financial stability. If an insurance policy doesn't cover all of those factors,... ...read full post

Safe Driving Tips For Parents And Teens

e Driving Tips For Parents And TeensMost kiddos can't wait to hit the ripe old age of 16. They can obtain their license and get a little bit of freedom from their parents. However, mothers, fathers, and other guardians are not quite as excited about the event. Although they have raised upstanding, responsible young adults, they also know that they will have constant worries about the safety and well-being of their little ones. Unfortunately, these anxieties and concerns never go away, no matter the kiddo's age, so parents must think outside-of-the-box to ensure that their children are prepared for whatever life throws at them on the roadways.

After all, an accident can happen at any time, and on many occasions, the incident is not even the teen driver's fault. Unfortunately, when crashes do occur, they are anything but forgiving. Common injuries that people sustain from wrecks include...

• Burns, Cuts, Bruises
• Fractured And Broken Bones
• Brain Injuries
• Paralysis
• Loss Of Life

If you or your teen driver receive injuries from an auto accident, you may be entitled to a fair compensation amount if it can be proven that another driver acted negligently or recklessly. For more... ...read full post

Pedestrians Are Not Always In The Right

Pedestrians Are Not Always In The RightIn the world of physics, there is simply no debate about who wins in a confrontation between a pedestrian on the street, and a vehicle. The vehicle is going to win every time simply because it is bigger, has more mass, and thus is capable of delivering much more force on impact when it is in motion. A pedestrian, comparatively speaking, is much less durable, and often subject to severe injuries when making contact with a vehicle.

This has, in recent years, been an injury risk made even worse by the new trend in American vehicles, SUVs, or sports utility vehicles. Normal cars have a lower overall height compared to SUVs, which meant that, at least in the case of adults, vehicular impacts most commonly occurred in the waist-to-leg area, thus having a higher chance of less serious injuries. Because SUVs are taller vehicles, now impacts with adults can be around the stomach-to-chest area, and for children this may mean the entire upper body, including the head, is at risk.

So while the sad reality is that pedestrians are extremely vulnerable during accidents, this does not necessarily mean... ...read full post

Let A Lawyer Help You Obtain Compensation After A Dog Bite

 Let A Lawyer Help You Obtain Compensation After A Dog BiteDog bites and animal attacks are dangerous issues. They leave people with physical wounds and often cause them to fear pets for the rest of their lives. In Jacksonville recently, a 6-year old girl had to be hospitalized after sustaining severe, life-threatening injuries from a dog attack. The child was unresponsive and transported to a nearby hospital. Unfortunately, after two days the little one passed away.

Some breeds are more vicious than others, and the canine, in this case, appeared to be a pit bull mix. The family did not even own the dog. They were doing a favor and watching the pooch for a friend while they went away on vacation. It is fitting to increase awareness about dog bites because it is summertime. The kiddos are out of school, and they regularly have companions over for play dates, sleepovers, or video game sessions. A routine visit can turn into a catastrophe in a hurry.

When people think about dog bites, they probably imagine a tiny nip or a small scratch from a claw. However, events like... ...read full post

Know About This Automotive Child Seat Issue To Keep Your Kiddo Safe

Know About This Automotive Child Seat Issue To Keep Your Kiddo SafeParents go above and beyond to keep their children safely out of harm's way. They purchase high-quality car seats, strollers, and even pay close attention to the types of toys that they buy. People also look for the safest vehicles. After all, potential dangers are lurking around every corner, especially when a person is operating a motor vehicle. Driver negligence, obstacles in the street, and road construction are common culprits behind car crashes. Lucky folks walk away from auto accidents without a scratch, but other people sustain injuries. Damages often include...

• Loss Of Limbs
• Spinal Injuries
• Death
• Fractures Or Broken Bones
• Burns, Lacerations, And Bruises

These matters are horrible enough for adults, but when a little one is added to the equation, they can become that more catastrophic. Tensions are already high after a wreck, but when a kid is involved, parents can lose their cool. Avoid making the situation worse by attempting to stay calm. Of course, this feat is easier said than done, but people must try because the last thing anyone needs after an accident is a road rage incident.

People... ...read full post

Being A Good Samaritan Requires Legal Protection

Being A Good Samaritan Requires Legal ProtectionOne thing that residents of Florida have to learn very quickly is that this is a state that can come down hard on people that are trying to offer help. As sad as it may be, in most situations in Florida where you see someone is in need of assistance, the best thing to do is NOT help. There is absolutely no legal ramification in Florida for not rendering aid, and in at least one case last year, a group of Florida teens watched a person drowning, laughed at the person and even filmed it, and with zero legal consequences.

On the other hand, deciding to help a person in need opens up the rescuers to legal liability. In other words, the decision to help may, if the victim decides on it, leave that rescuer open to being sued. Trying to remove someone from a car mangled in an accident, for example, and actually causing more injuries in the attempt can mean the person just rescued can successfully take that rescuer to court for negligence.

So does this mean that whenever a Floridian sees someone else in danger... ...read full post

Drive Safely This Summer

Drive Safely This SummerThere’s no way to prepare for every single unexpected situation on the road. You can’t predict where lightning will strike, nor can you account for the actions of every other driver on the road. What you can do, however, is take as many reasonable preparations as you can, to ensure that you drive as safely and defensively as you can. This is no guarantee of 100% safety, of course, but it does put you in a position to have more time to re-act, and more options to choose from when the unexpected does occur. Let’s take a look at some the more important safety measures you should be taking when you take to Florida’s roads during another great summer season.

 
Follow The Weather Reports
 

Florida, being in the unique geographical position it is in the USA, gets directly hit by more hurricanes than any other state in the country. The very nature of a hurricane makes it dangerous and unpredictable, which is why staying informed about developing weather conditions is essential. Once hurricane warnings start being made, take heed and consider not driving if you have the option.

If you’re already on... ...read full post

Resist Boating Under The Influence

 Resist Boating Under The InfluenceFlorida has two big geographical advantages going for it that make it the most popular state in the country for boating enthusiasts. The first is that the majority of the state is surrounded by the sea, so there are plenty of opportunities—and docks—to get into the water. The second is that the geography of Florida also means warm weather throughout the year, making it the perfect place to maximize just how much boating you get in, all year long.

And while it’s true that a boat is a different sort of vehicle, and that traffic law and nautical law have some dif-ferent conventions, there’s one thing that the law is firm on regardless of being ashore or afloat. Being under the influence is illegal.

 
It’s The Law
 

In the same way that a driver can be charged with DUI, or driving under the influence of alcohol, the same thing exists in the marine environment, only now it is called BUI, or boating under the influence. Unfortunately, due to the mostly leisure nature of the vast majority of boats in Florida waters, BUI is not a tiny, isolated legal infrac-tion. As... ...read full post

A Reputable Law Firm For Your Boating Accident Needs

 A Reputable Law Firm For Your Boating Accident NeedsFlorida has 1,350 miles of coastline. It is the ideal location for enjoying the open water on a boat. People regularly visit the state to fish, water ski, or experience other recreational activities. However, with so many vessels present, accidents are becoming more common. Research by the American Boating Association revealed 4,463 incidents occurred across the United States in 2016 alone. The events led to 701 deaths and 2,903 injuries. Plus, the boating accidents caused approximately 49-million dollars in property damage.

There are nearly 900,000 registered vessels in Florida, so it is easy to see how a day of fun in the sun can turn into a nightmare. Most people understand the dangers of auto accidents, but not everyone realizes the risks on the water. While broken bones, lacerations, and other things can arise from boating accidents, people can also become ejected from the watercraft. When a person lands in the ocean, they face problems like hypothermia, drowning, or even becoming struck by another boat.

The top culprits that cause these incidents include skier mishaps, collisions with... ...read full post

What Your Florida Temporary Disability Claim Is Worth

What Your Florida Temporary Disability Claim Is WorthWhen you are injured on the job, your whole life can change. Beyond the pain and suffering of your injuries, you may be unable to work and pay your bills. You may not be able to enjoy your usual activities or spend quality time with your family. In the state of Florida, workers are protected in times of workplace caused injury with workers' compensation. However, the laws are very complex on the matter and there are limits to the financial payout. If you are filing a workers' compensation claim for a temporary disability, it’s important that you understand how these state laws will affect the value of your claim.

 
Workers' Compensation Benefits Available In The State Of Florida
 

Depending on the circumstances of your claim, there are a variety of benefits you may qualify for when you are injured:

● Medical benefits for all medical treatments related to the injury as authorized
● Mileage benefits covering the cost of travel to and from a doctor’s office
● Vocational rehabilitation including job training, education, and counseling if the injuries are so severe you cannot return to your job

Workers' compensation also covers your lost income... ...read full post

Social Security Disability Benefits After A Traumatic Brain Injury

Social Security Disability Benefits After A Traumatic Brain InjuryA Traumatic Brain Injury (TBI) can change your life completely. TBIs can impair your ability to function and work a normal job. In some cases of TBI you may qualify for social security disability benefits.

 
What Is TBI?
 

TBI occurs when a person experiences a sudden blow to the head. This blow causes damages to the brain that can include bleeding, bruising, and swelling. TBI can be mild to severe. TBI can cause a loss of cognitive function such as:

● Memory loss
● Dizziness
● Fatigue
● Loss of fine motor skills
● Speech impairments
● Sleep disturbances
● Headaches
● Memory loss
● Difficulty focusing
● Depression
● Reduced thinking and reasoning skills

What makes TBI such a complex injury is often times these symptoms do not show up immediately after the injury. Sometimes it can take it can take months or years for these symptoms to develop. It is critical if you’ve sustained a head injury that you see a medical professional who can diagnose, treat, and monitor your injury.

 
TBI And Social Security Disability
 

In 2016, the Social Security Administration considers TBI a disability under listing 11.18 and listing 12.02. These listings mean that if you have a... ...read full post

It’s Not Just The Floor That Needs To Be Safe

It’s Not Just The Floor That Needs To Be SafeUsually when we talk about getting injured due to a slip and fall and talking to a personal injury lawyer about it, we’re referring to the indoors. This is especially true when it comes to public spaces, like grocery stores, or shopping malls. This is where the concept of premises liability comes into legal play. If a property owner allows others onto that property, either as visitors or customers, or to perform some other function with consent, such as delivering mail or packages, that property owner has a legal responsibility. That legal responsibility is to maintain a certain minimum standard of safety, and floor of a building is one of those standards.

This means that if there is a spill on the floor, which could easily lead to someone tripping, slipping or falling, the property owner must deal with the problem as quickly as possible. If the property owner fails to address the danger, any injury that results from it is the legal responsibility of that owner.

 
More Than Just Floors
 

However, it’s not only floors that have this legal responsibility. Any walking surface on the... ...read full post

Don’t Leave Yourself At Risk: You Will Always Need An Attorney’s Help With These Five Personal Injury Claims

Don’t Leave Yourself At Risk: You Will Always Need An Attorney’s Help With These Five Personal Injury ClaimsWhen you are making a personal injury claim, you don’t always need an attorney. In cases where you injuries are very minor, the legalities cut and dry, and the insurance companies are being cooperative, you may be able to handle the claim on your own. However, there are personal injury claims you never want to pursue alone. In these cases, you could lose everything without the help of an experienced attorney. Here are five personal injury claims you will always need an attorney to protect your interests:

 
Severe Injury
 

Insurance companies are in the business of making money. Even in cases when you are severely injured, they will do everything they can to undercut the full value of your claim. They will use a variety of tactics to trap you into a lower settlement than you deserve. In these cases, you need an experience attorney who can counter these tactics. An attorney who will provide of your injury, the associated costs, and will defend your right to a fair settlement.

 
Brain Injury
 

Traumatic Brain Injuries (TBI) are extremely... ...read full post

What To Do If You Witness A Car Accident

What To Do If You Witness A Car AccidentSummer means that it’s not just every day adult Florida drivers on the road running their errands or going to work. Summer also means that more teenagers are going to be on the road, and more tourists may be as well. So no matter where you live in our state, you can expect there to be a boost in the amount of traffic that’s on the road. Unfortunately, that also means that there’s a greater chance that an accident might occur, and if it’s the fault of the other driver, not you, you might need to engage in the services of a car crash lawyer to make sure that you get proper legal resolution.

But what if you are not involved in the accident? What if you have, unfortunately, a “great view” of the accident and have seen it, in detail, with your own eyes? What do you do?

 
You’re An Important Witness
 

If you have had a good view of an accident, you may possess important information that could prove critical to many parties, including the police, the drivers involved, insurance companies that... ...read full post

Truck Accidents Are Anything But Kind And Forgiving

Truck Accidents Are Anything But Kind And ForgivingRather than just blabbing on and on about the consequences of truck accidents, we will let the statistics speak for themselves. In 2012, there were 104,000 injuries and 3,921 deaths from tractor-trailer incidents. As you can see, the outcomes can be devastating. Damages are often minor to severe and include…

• Head, Neck, And Back Injuries
• Fractured Or Broken Bones
• Lacerations And Burns
• Internal Bleeding
• Concussions And Other Brain Injuries

These vehicles are designed to carry different types of heavy loads, both in-state, and cross-country. They play an integral role in helping the economy thrive, and the drivers work diligently to keep products on store shelves for consumers to purchase. Still, though, truck accidents are destructive, so everyone must practice safe driving techniques to keep incidents to a minimum. Drivers should avoid using smartphones or partaking in other activities that serve as distractions. Although everyone has the right to be on the road, small vehicle operators may find it in their best interest to back off and give these trucks space whenever possible. This action may help prevent truck accidents from arising.

 
Reasons To Hire An Attorney
 

Logistics companies and their... ...read full post

There’s More Than One TBI

There’s More Than One TBITraumatic brain injury, or TBI, is an extremely complex medical condition. There may be both short term medical consequences, long term ones that may not manifest for quite some time, and even lifelong, permanent effects that a victim may simply have to live with. The reason for this is because the brain controls almost every aspect of a person’s health, from the beating of the heart to the ability to feel happy, sad, or even remember a loved one’s face.

As a result, because different parts of the brain control different aspects of biology, memory and even information processing, TBI effects can vary. The location of a TBI can have an impact on side-effects, but the type of TBI also plays a role. TBI can be sustained in a few different ways, but there are three types of TBI most commonly experienced by victims and medical professionals that must treat these victims.

 
Crush Injuries
 

As the name implies, this is when the brain has constant pressure applied from the outside, such as a car accident that results in a passenger’s head being pushed against a car door and pinned there,... ...read full post

What Are The Long Term Effects Of TBI?

 What Are The Long Term Effects Of TBI?The human brain is the control center of the human body. It is the organ that literally controls all the neural signals that allow the body to function normally, but on top of that, the brain is also the “home” a person’s identity. It’s where a person thinks, reasons, remembers and has feelings. All of which means that when a traumatic brain injury, or TBI, is sustained, this is one of the most potentially serious injuries a person can have, and, in the worst case scenario, can have lifelong consequences. But exactly what kind?


Every Case Is Different

TBI occurs when the brain is exposed to some kind of hard impact. In most cases, this is normally the brain actually making physical contact with the skull itself. The brain, while compact and largely occupying the skull cavity, is not actually “fixed” in place, the way someone might screw in a television to a wall mounting to make sure it is both snug and securely attached to that wall with no movement possible. The brain is “loose” in that regard. It is, in an average adult, a... ...read full post

Mistakes To Avoid During A Personal Injury Case

Mistakes To Avoid During A Personal Injury CaseThere are many reasons as to why a person may choose to bring a lawsuit against another party. However, the most common one is money. The injured party must pay for medical bills, therapy sessions, and other things needed to reach a full recovery. Additionally, the person is usually unable to work during this period, and the lack of income coming in makes buying groceries or paying for rent and utilities difficult. Negligence or recklessness associated with car crashes, slip and fall accidents, wrongful deaths, truck accidents, or workplace incidents often result in damages. Because each case is unique and different, injuries will vary but sometimes include…

• Brain Injuries
• Burns, Lacerations, And Contusions
• Broken And Fractured Bones
• Full Or Partial Paralysis
• Loss Of Life

It is not always necessary to hire representation to obtain compensation. However, insurance companies and other legal teams tend to take advantage of people, and especially since they only have one goal in mind, which is to pay out as little as possible, so employing an experienced law firm frequently proves to be beneficial. First of all, the... ...read full post

Important Information About An Increased Risk Of Fire

Important Information About An Increased Risk Of FireBurns are painful regardless of their severity. Most people learn their lesson the hard way by grabbing a hot pot or pan from the stove, but the action usually does not result in long-term consequences. The individual gains a valuable life experience and knows not to act in the same way again. Rather, people adjust their behavior accordingly to avoid touching flames and other things that can cause them harm. Burns are classified into the categories of either first, second, or third-degree.

First-degree burns are often considered superficial wounds. They cause the surface of the skin to sustain damage, but the outer layer remains intact. Meanwhile, second-degree burns are commonly known as partial-thickness burns. These injuries extend into the second layer of skin and cause blisters to form. Third-degree burns are the most severe out of the three types. They destroy the epidermis and dermis, damage nerves, and people refer to them as full-thickness burns. Problems that come along with these wounds include…

• Fluid Loss
• Infection
• Heat Loss

 
Car Accidents Can Leave Participants With Burns
 

Drivers, passengers, and pedestrians alike can sustain burns when they are involved in an ... ...read full post

Helpful Driving Suggestions To Aid Florida Residents In Staying Accident-Free

Helpful Driving Suggestions To Aid Florida Residents In Staying Accident-FreeDriving can mean a lot of different things to a lot of different people. Older generations that have been doing the deed for years may view it as a chore. Parents often feel like they are merely chauffeurs in this world due them continually having to shuttle their kiddos from place to place around town. Meanwhile, 16-year old teenagers see driving as freedom and a way to assert their independence. Regardless of your view on operating a motor vehicle, when doing so, it is of the utmost importance to always pay attention to your surroundings and drive defensively. These actions not only help keep the family that you love safe, but they also keep other folks on or near the roadways that way too.

Unfortunately, automotive accidents can strike anytime, anyplace, and in a moment's notice without warning. For instance, bad tires usually provide warning signs that something is about to go wrong. They tend to cause the steering wheel to shake, which tells the operator it is time to pull over. However, it is also possible for the tire... ...read full post

Be Careful On The Water!

Be Careful On The Water!Florida is a state blessed with sunshine, warm weather and a pleasant environment all year round. But the march of the calendar means that even if we don’t get full seasons of environmental change, we do get the human traffic that comes with seasonal changes. And one of the biggest seasonal changes of the year is upon us now with summer.

Summer doesn’t just mean warmer weather, it also means a huge upsurge in people with more free time, both local and from out of state. With summer vacation both adults and teenagers get some long overdue recreational time, and for Florida, that means there will be a big rise in the number of recreational watercraft out on the waters all around the state. And that also means a rise in the possibility of accidents.


 
No License Required
 

People that own boats in Florida do not need to have a license to operate that boat. The closest we get to that in this state is that anyone who was born from 1988 onwards is required to have taken a boat safety course, with a certified card as proof. Beyond that, however,... ...read full post

Improper Social Media Use Can Have A Devastating Impact On A Personal Injury Case

 Improper Social Media Use Can Have A Devastating Impact On A Personal Injury CaseEverybody seems to have a social media account these days. People utilize Facebook, Twitter, and Google to receive news, stay connected with family members, locate old acquaintances, and allow others to follow along with their daily lives. Businesses use the same methods to advertise and let consumers know what sets their organization apart from the rest. Even government officials like President Trump have turned to social media for communicating with the world. However, at times his tweets have been controversial, and they stir up countless hours of debate between followers.

If a person becomes injured in an auto, workplace, or another type of accident, they may be able to seek compensation for their damages. It is usually in an individual's best interest to hire an attorney to deal with the complex Florida legal system. Documents must be obtained from the police department and insurance company to help build a strong case. Additionally, witness testimonies will need to be collected and put on file to achieve the best results. On some occasions, the... ...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

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

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

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

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

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

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

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

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

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

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

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

Why Do Trials No Longer Have Surprises?

Why Do Trials No Longer Have Surprises?There’s one thing that still plays out a lot in law and courtroom dramas both on television and in cinema. It’s the “surprise turn” that can sometimes occur in a trial, where an attorney suddenly produces a “surprise witness,” or “surprise evidence,” that no one was expecting that can suddenly change the outcome of a court case.

Despite the obvious dramatic appeal of this kind of twist or turn in a story, it does not actually happen in modern trials. At least, not anymore! Today, both sides of a court case know exactly what type of material is going to be submitted thanks to a procedure known as the “discovery process.” But why do we have this now, instead of the much more dramatic surprises?


Everyone Is Treated Fairly


“Trial by ambush” is a term that describes the process by which some attorneys would hide information from the opposition. That way, when the trial date arrived, a key witness or piece of evidence would be submitted for which the other side of the case would have no knowledge, preparation or defense against. By the 1980s, however, this... ...read full post

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

Some Injuries Take Time To Manifest

Some Injuries Take Time To Manifest In typical accidents, like collisions between vehicles, or a mishap at a construction site while on the job, the injuries are physical and occur on the spot. But of course, not all injuries that befall a person are strictly of the physical/mechanical nature. Some injuries that can befall a person can come in the form of illness, while other injuries can center around the brain, and appear erratically, or, in some cases, much further down the line.

These injuries however, can still have a profound, negative effect on a person’s life, which is why they are covered as very special cases by personal injury lawyers.


The Traumatic Brain Injury


In addition to the physical injuries sustained in collisions and other physical mishaps, traumatic brain injury is a term that covers a broad umbrella of different, related conditions. The brain is an enormously complex organ, whose exact functions and functional locations are still not completely understood.

This means that any physical injury, such as an impact against the skull, violent shaking, or even an alteration in brain chemistry may be enough to cause changes that are hard to predict. So even... ...read full post

A Closer Look At The Importance Of Lost Wages In A Personal Injury Case

A Closer Look At The Importance Of Lost Wages In A Personal Injury CaseInjuries can make it difficult to go on with your life as you normally would. Not only can the physical wounds make it harder to recover properly or to conduct daily activities as you once would have, but other aspects of your life could be impacted as well. In particular, the financial burden that an accident can place on an individual can often be very difficult to bear.

Insurance can help, and filing insurance claims is often the first step that one may take when trying to get back on their feet financially after an accident. But what many fail to realize is that initial settlement offers and even some claims may not take all of your losses into account. In particular, one thing that needs close attention is lost wages.


What Are Lost Wages?


Essentially, lost wages are a type of damages that you may be awarded in a personal injury case. They're compensation that is based on the income that you have lost due to your accident. Certain accidents can leave you unable to work... ...read full post

When You Slip And Fall On A Residential Property

 When You Slip And Fall On A Residential PropertySlip and fall cases are very common in commercial buildings, but you might be surprised to learn that they can happen in residential areas quite often. Consider these hazards-waiting-to-happen at any residential property:

• A wobbly step in the stairwell
• A broken railing on a balcony
• A missing chunk of pavement on a sidewalk
• A loose flap of carpeting in the hallway
• A broken window screen
• A hanging dead tree limb

Any of these issues can cause a person to slip, fall, or become injured at any time. Injuries can range from a few bumps and bruises, to several months in a cast--followed by several more in physical therapy.
Landlords are responsible to uphold a standard of property care that ensures safety for everyone, from tenants to visitors. The landlord has an obligation to maintain:

• Roofs
• Doors & Windows
• Floors
• Porches & Railings
• Steps & Walkways
• Foundations
• Exterior Walls
• Plumbing
• Windows & Screens

It the responsibility of the landlord to check in and around properties often to ensure that everything is in the proper working order. Damages must be repaired by competent workmen... ...read full post

The Q & A On Personal Injuries

The Q & A On Personal Injuries When you or someone you love is injured in an auto accident, a slip and fall incident, or any event that was the result of someone else’s negligence, it seems personal. Though all injuries are unfortunate, those that could have easily been avoided seem to hurt the worst.

A Long Way From Normal

Many of those involved in an accident of any type just want to get everything taken care of so they can go back to “normal.” Some motor vehicle accidents, however, take away everything that once was normal and leave you with a new way of life. From the destruction of a vehicle to the destruction of a body, life after an accident is rife with changes.

After an auto accident, there are many questions that people ask themselves: Why did this happen? What went wrong? How will I continue? And though questions of that magnitude might be difficult to answer individually, there are a host of other important questions that might be easier to explain.

Q: Can I hold the other party responsible for injuries I sustained in the accident?

A: Florida is a... ...read full post

Seek The Help Of A Personal Injury Lawyer After Sustaining Burns From An Automobile

Seek The Help Of A Personal Injury Lawyer After Sustaining Burns From An AutomobileCars, motorcycles, boats, and the majority of machinery in this world require gas to operate. They are necessary pieces of equipment for helping us get from here to there, deliver goods, or provide services. Operators expect these vehicles to be safe, and most of the time they are, but in the blink of an eye these transportation methods can become dangerous. Tires can blowout causing the driver to swerve, and the action often results in a crash. Transmissions and engines that fail leave people stranded in middle lanes of the freeway, which might lead to the disabled car getting rear-ended. A windshield wiper motor can malfunction causing the essential components not to work correctly. The possibilities of things that can go wrong are endless, but just because they can happen does not mean they will. Don't be afraid of using your automobile, and instead, keep it well-maintained to help our Florida roads stay a little safer.

A Recall With A Potential 10,073 Affected Units

As most of society knows, anything human-made can break in the blink of an eye, even... ...read full post

Did Your Auto Accident Give You A Concussion?

Did Your Auto Accident Give You A Concussion? When you have a car accident, anything can happen. Broken bones, lacerations, and bruises are just a few of the obvious injuries that can be seen after the dust settles. There are other injuries that can be just as severe, sometimes more severe, but hardly show any signs at all.

A Concussive Brain Injury

A concussion is a type of brain injury that is caused by a blow, jolt, or bump to the head. The jarring motion of the incident causes the brain to hit the hard inner shell of the skull, leading to tearing, bruising, and bleeding. Though many people think of sports injuries as the main cause of a concussion, car accidents actually cause them more often. Many times, heads can hit the windshield, steering wheel, or another object, due to the force of the collision.

5 Signs That You Have Suffered A Concussion

Depending on the severity of the injury, you might not even know that you suffered a concussion. Though some people might lose consciousness at the time of the accident, you do not have to experience this to... ...read full post

2 Everyday Situations That May Put You In Need Of An Accident Lawyer

 2 Everyday Situations That May Put You In Need Of An Accident LawyerThere are not a whole lot of certainties in life. We expect to wake up each morning, stick to our regular routines, and come back home again without a hitch. However, the world is always throwing obstacles at humanity. Earthquakes, typhoons, hurricanes, tornadoes, and other natural disasters seem to be occurring more and more often. Still, these incidents don't take place every day, but injuries from car crashes, negligent acts by property owners, and wrongful deaths for various reasons do. Many times, these incidents are unavoidable, and people must just chalk them up to life experiences. On other occasions, with only proper care and maintenance to personal property, the accidents are preventable.

Florida is a premises liability state, which basically means that property owners are responsible for certain damages that occur on their premises. Slips, trips, falls, dog bites, and countless other items can land into this category. If it can be proven that another person acted negligently, and these reckless behaviors caused the injuries, the other party may be able to seek restitution... ...read full post

Keep Your Distance From Distracted Drivers To Prevent Yourself From Being Involved In An Accident

Keep Your Distance From Distracted Drivers To Prevent Yourself From Being Involved In An AccidentPeople have been partaking in activities that distract them from their driving for years. It used to be not all that uncommon to see a driver reading a newspaper or magazine during traffic hour. Gadgets, smartphones, and tablets have made many of these types of distractions obsolete, but they also opened up an entirely different can of worms. Glancing away from the road to text, even if only for a brief moment, can change your life drastically in an instant. There are GPS and other apps that assist with driving, but the vehicle should always be parked in a safe location before attempting to input coordinates. A person's attention should stay steadily focused on the road, as well as, their vehicle's surroundings, and with any luck, accidents will be avoidable.

Watching the car in front of you sway back and forth between the painted lines on the street could indicate that distracted or impaired driving is taking place. Slow down and remain at a safe distance from the vehicle. After all, most people would likely rather get... ...read full post

Ensure That Dog Bites Don't Happen By Just Putting Your Pooch Away

Ensure That Dog Bites Don't Happen By Just Putting Your Pooch AwayPeople have given the canine species a lot of nicknames over the years like Man's best friend, bowwow, and countless others. They are our beloved pets, and somewhere down the line even become a full-fledged member of the family. Some breeds are known to be more gentle than others, but they all stem from an extinct species of wolf. Regardless of how mildly mannered your pooch may be if they feel threatened, or gain the sense that their owner is in danger, the animals can lash out and bite. Razor sharp teeth can puncture and rip the skin, muscle tissue, or ligaments. Owners are usually always held liable for the actions of their pets, and if a person decides to seek compensation, you may find yourself in the middle of a personal injury case.

The simplest way to avoid this fate is by never giving the incident a chance to take place. If your pooch is kennel trained, put them in their container before guests come over. Considering that this is your pet's home, move them to a quiet room... ...read full post

Be Careful While Operating Your Vessel To Avoid A Boating Accident

Be Careful While Operating Your Vessel To Avoid A Boating AccidentCar crashes, trucking accidents, and automotive recalls usually gain the most attention from news outlets. Roads in Florida, as well as the rest of our great nation, can become jam-packed with traffic at a moment's notice. It is not uncommon for a person to be driving along at top speed, only to have to bring their car to a screeching halt before they know it. Most folks understand that when there is a battle between flesh, bone, and metal that the harder substance usually wins the fight. Participants are left with broken bones, cuts, and countless other injuries that require medical attention. Luckily, paramedics and other emergency personnel tend to show up quickly to treat the wounds. However, when a person is involved in a boating accident help is not always so readily available.

People take their vessels out for different reasons. Some boat owners go fishing while others just water ski, play, and have fun. Regardless of why they are out on the water, colliding with another craft is a real possibility and one that can have catastrophic consequences.... ...read full post

Traumatic Brain Injury Following An Accident

Traumatic Brain Injury Following an Accident Traumatic brain injury, or TBI, is a brain dysfunction that has been caused by an outside force such as a violent blow to the head. A TBI may cause an extensive list of problems for the patient including cognitive and behavioral problems, balance disorders, mood changes, sensory and speech problems, and persistent headaches, just to name a few.

If someone has suffered a TBI, then they may be looking at long recovery time. Sometimes the condition can improve between six months and two years following the accident. However, improvement may slow down significantly after the two-year mark, and they may continue to experience problems for the rest of their lives.

More than half of the injuries reported for TBI have been due to car accidents, and they result from the strong blow to the head someone can receive during the accident in which any kind of force can penetrate or fracture the person’s skull.

Traumatic brain injury can occur when the head strikes a window or the steering wheel during the accident, or even due to the force of the accident that may cause the brain to collide against... ...read full post

Suing A Business For Personal Injury

Suing a Business for Personal InjuryIf you have been injured and have decided to file a personal injury case then you have at least one year from the date of the injury to file your claim. However, this can differ from state to state. If it is a business that you are suing due to the personal injury, then you are probably going to need to collect evidence for a negligence claim, and it probably has to do with a slip and fall that occurred on their property.


Slip and Fall Cases


It can be challenging to prove fault when it comes to a slip and fall case against a business. Thousands are injured in these types of accidents each year, but many still find it difficult to prove that the property owner was indeed at fault.

For these cases, you should determine if the property owner could have prevented the accident from happening in the first place. Were they aware of the unsafe conditions that could cause injury? If they were aware and failed to take reasonable steps to remedy the situation, then they may be found liable for the injuries you sustained.


Contacting... ...read full post

How To Recognize Scams And Insurance Schemes

How to Recognize Scams and Insurance SchemesRecently, Florida has been impacted by many storms including Hurricane Irma, and even though hurricane season is now over, we are still seeing an abundant amount of scams and insurance schemes circulating.

Many scams and schemes are going around that pertain to repairs to the home, insurance claims, and FEMA payments. Homeowners are finding themselves very vulnerable when it comes to these con artists, which makes it all the more important to be aware of what is going on and not allowing yourself to become a victim.


Scams Following the Hurricane


There are many scams following Hurricane Irma, so you should learn to recognize a few signs and follow a few tips if you are in the process of hiring a contractor if your home had been damaged. These tips apply to any situation and do not only apply to damage following a hurricane.


Always watch for unsolicited contractors that offer to do the work for you. They may even go as far as to say that they will award you with a hefty discount if you hire them to do the work for you because they already have a... ...read full post

Finding Out Your Child’s Toy Has Been Recalled

Finding Out Your Child’s Toy Has Been RecalledToy or product recalls are requests to return a specific product back to the manufacturer after safety issues or other defects have been discovered regarding the item. These defects and problems may have the potential to harm the consumer or put the manufacturer at risk for further legal action.


Consumer Product Safety Commission


The Consumer Product Safety Commission (CPSC) is an independent United States agency that is part of the government, and they are responsible for helping to protect consumers from the unreasonable risks that may be associated with certain products being sold.

They work to create and develop voluntary standards with the industry, issue and enforce mandatory standards, obtain product recalls, conduct research on potential hazards, and inform and educate consumers through the media, as well as state and local governments.

If you feel that you have a product that is defective and may cause injury or already has caused injury, then you can contact them and report and unsafe consumer product. You can also go to their website at www.SaferProducts.gov to see if any products or toys you currently have in your home... ...read full post

How Social Media Can Affect Your Accident Claim

How Social Media Can Affect Your Accident ClaimSocial media is quickly becoming a regular go-to for most people, and it has the power to play an even bigger role in our lives now. People jump to their social media accounts for a variety of reasons such as to update their friends and family on what has been going on throughout their day, they want to share a nice meal they are having, or they may even be using social media to check up on people the easy way.

However, did you know that social media can negatively affect an accident or personal injury claim you may have filed? What you say and do on social media may affect your personal life because nothing you put on the internet remains private. There is always a chance that someone can take what you say wrong, or you can unknowingly admit to something that may have been previously overlooked. All of these have the power to affect your personal injury claim.


What A Defense Lawyer Can Do


Once you file your accident claim for personal injury, the defense lawyer is going to go to any lengths... ...read full post

What Makes A Civil Case Frivolous?

what-makes-a-civil-case-frivolousFlorida’s name has shown up in a few recent articles about how its civil courts and juries tend to favor larger payments than in other parts of the country. But setting aside whether or not that’s factually true, what exactly makes high personal injury settlements and jury awards a bad thing?


The Purpose Of Personal Injury


The first question that needs answering is, “Why allow personal injury lawsuits in the first place?” If someone broke a law and committed a crime, that’s what criminal cases and criminal courts are for. Why not let that be the start and end of things?

There are several ways to refute that argument, enough to fill up its own article. But the short answer is that, while the state can bring a person to court to get justice, it’s up to the person who was wronged to get compensation for any damage. Damage can include all kinds of very real costs, like auto repairs or a replacement car, medical bills, and lost income from days spent recovering instead of working.

Personal injury cases are also an important and significant way for individuals to make... ...read full post

5 Telltale Signs Of Drunk Driving

5 Telltale Signs Of Drunk DrivingEven if you’re the safest, soberest driver the road has ever seen, you can’t guarantee that all the other drivers around you are meeting your high standards. Drunk and intoxicated drivers can appear on the road at any time of day, but they’re more likely to show up late at night and especially on holidays where alcohol is part of the celebration, like New Year’s Eve, St. Patrick’s Day, and Cinco de Mayo.

Defensive driving is about more than just following all the rules yourself, it’s about watching the vehicles around you and not taking for granted the idea that they’ll all follow the rules, too. So when you’re out on the road late at night, driving home after a holiday celebration, keep an eye out for the following warning signs that another driver might be intoxicated.


Swerving. This behavior is probably the easiest to spot, and it’s the first sign that police officers will look for when they’re on patrol. Alcohol makes it hard to concentrate, and while driving in a straight line is simple, it’s not that easy when you can’t focus on... ...read full post

PIP Repeal Faces Difficult Road Ahead

PIP Repeal Faces Difficult Road AheadThe past few legislative sessions, Florida’s House and Senate have attempted to repeal the state’s requirement for drivers to carry personal injury protection insurance. This year’s legislative session has proved no different. However, much like years past, the effort to do so has seemingly hit a roadblock.


Personal Injury Protection


Florida’s personal injury protection mandate was originally passed into law in 1972. The law requires drivers to carry $10,000 in personal injury insurance. Personal injury insurance is considered to be a no-fault policy, which means the policyholder reaps the benefits no matter who was at fault in an accident.

A $10,000 policy covers 80% of medical expenses and 60% loss of income. Additional variations of the policy can also be purchased through insurance providers. Florida is one of ten states to require personal injury insurance.
Unfortunately, there has been a rise in scams and fraudulent schemes that take advantage of the PIP mandate. Fraud is the main reason why Florida’s legislature has continually pushed forward with repeal.


Maintaining Certain Provisions During Repeal


Although the legislature is attempting to repeal the mandate, there are certain provisions that... ...read full post

Your Coverage Should Not End With Personal Injury Protection

your-coverage-should-not-end-with-personal-injury-protectionAs a Florida driver, you should be well aware of the fact that you’re required to drive with personal injury protection. If you’re in an accident, up to $10,000 of your expenses will be covered by your personal injury protection coverage. This may seem like a lot, but if you ever find yourself in an accident, you’ll quickly realize that this money does not get you very far. As a Florida driver, you should consider purchasing additional coverage to protect yourself on the road.

Adding Onto Your Personal Injury Protection

The minimum requirements for a personal injury protection plan are $10,000. However, that does not mean you can’t purchase additional coverage on your plan. These can increase your premiums, although you may be able to negotiate with your insurance company to secure a better rate. Options for additional personal injury protection coverage include

• Extended PIP – This option will extend medical benefits for you and your family members. The minimum PIP policy covers 80% of your medical expenses and 60% of your expenses that come as a result of missing work. This plan is still subject to the $10,000 maximum... ...read full post

Stay Safe And Free Of Personal Injuries This Hunting Season By Avoiding These Products

stay-safe-and-free-of-personal-injuries-this-hunting-season-by-avoiding-these-productsWhenever a person reads or hears the word recall, their mind likely drifts to an image of a car with an airbag failure. The reason is, over the past decade, or so, the Takata corporation has garnered much of the attention. However, items that many of us utilize every day can also affect one's livelihood. Take cell phones for instance. The days of pay phones and pagers are gone, and it is difficult to find a traveler without a device by their side. Smartphones are essential for accessing information at the touch of a screen. Technology has touched our lives in ways that never before seemed possible. Therefore, it stands to reason that the accessories of these products sustain substantial use.

Overheating electrical charges can start a fire, leave behind different degrees of burns on the skin, and even pose an electrocution risk to consumers. Something as simple as recharging your battery could have lasting negative consequences, and on occasion lead to a wrongful death. This example shows that personal injuries can happen anytime, anywhere, and with items that most of us do not view as being dangerous. If you or a... ...read full post

Reasons To Seek Legal Advice From A Personal Injury Attorney

reasons-to-seek-legal-advice-from-a-personal-injury-attorneyUnless a person is personal injury attorney, complex laws, and legal issues are likely the last things on their mind. However, accidents occur every day that send Port Charlotte residents in search of a reputable and proven law firm. The holiday season is upon us, and there promises to be increased traffic on the interstates, highways, and city streets. At certain times, the roadways even resemble a store's parking lot on Black Friday. More cars offer increased risks of defective parts or vehicle failure, while exceedingly high numbers of drivers raise the chance of a human error occurring. These actions lead to car crashes with multiple types of damages that often include...

• Broken Bones, Stiff Muscles, And Sore Joints
• Lacerations Of Different Severities
• Traumatic Brain Injuries
• Wrongful Deaths And Much More

Of course, the lucky ones walk away without a scratch, and in many cases, a personal injury attorney is not needed to seek compensation for damages. However, other people are not as fortunate, and injuries lead to lengthy recovery processes, which become quite expensive quickly. If you have sustained injuries from a car wreck or trucking accident, and believe that another party's negligent act... ...read full post

New Florida Law Has Potential To Cause Coverage Disputes

new-florida-law-has-potential-to-cause-coverage-disputesRidesharing companies, such as Uber and Lyft, have become increasingly popular throughout the state of Florida over the past few years. As the companies have grown, legislation has been necessary to help protect the citizens of Florida. The Florida legislature recently passed a law that defined new insurance requirements for ridesharing companies. However, the law could result in many coverage disputes.

Legislation Was Needed As Ridesharing Companies Grew

Ridesharing companies have been rapidly expanding across Florida. Uber has over 40,000 drivers in the state, with no signs of slowing down. Currently, Uber and Lyft are competing to enter and establish themselves in the South Florida marketplace. Lyft’s Florida general manager has claimed that the company is “the fastest-growing ride-sharing network in Florida. Since 2014, Lyft ridership has increased three-fold.

As ridesharing companies grew, local municipalities rushed their attempts to pass legislation. This caused problems because the laws were inconsistent from municipality to municipality. Not only did this cause confusion for drivers, but it also created problems if drivers drove from one municipality to another, or drove in a municipality that they weren’t registered in.

St. Petersburg Senator Jeff Brandes introduce... ...read full post

How Long After An Accident Do You Have To File A Lawsuit?

how-long-after-an-accident-do-you-have-to-file-a-lawsuitIf you've been injured as the victim of a car accident, you may be eligible to receive compensation. However, your eligibility does not last forever. A statute of limitations exists that determines how long after an accident you can file a lawsuit.



What Are Statutes Of Limitations?

Statutes of limitations specify the maximum period of limitation for initiating legal action. Statutes of limitations can vary from state to state and by crime. If the statute of limitations expires in a criminal case, there’s a good chance that the claim will no longer be able to be filed. If it is filed, it can be struck down by the defense because it was filed after the statutory limitations period.

If you’re involved in an auto accident, you’ll likely be dealing with a civil case. Any criminal charges will be brought about by the police department handling your case. Filing a civil case is the way to go about collecting the damages you’re owed. Civil cases commonly refer to statutes of limitations as “periods of prescription.” The periods of prescription are determined by the cause of action in the case. Civil cases tend to... ...read full post

Florida Drivers Keep Crashing Into Buildings

florida-drivers-keep-crashing-into-buildingsFlorida is currently in the middle of an epidemic, although it’s not one you may think. More cars are crashing into Florida buildings than in any other state. The state owes it to their citizens to keep them safe, which is why there have been recent attempts to curtail the accidents.


A Bigger Problem Than You’d Think

The Storefront Safety Council investigates instances in which cars crash through buildings. They provide research, statistics, and recommendations to help end the problem. According to the SSC, cars crash through buildings over 60 times a day. The accidents annually result in 4,000 injuries and 500 deaths.

The SSC indicates that nationally, the two age groups with the highest number of drivers crashing through buildings are 20-29, with 18%, and the elderly, with 14%. The group has found a strong correlation between the number of registered drivers in a state over 65 and the number of storefront crashes.

Their website also said that “Florida far and away leads the United States in the number of crashes and rate of crashes versus percentage of licensed drivers. Even though California has 400,000 more licensed drivers than Florida, Florida’s... ...read full post

Could Florida’s Personal Injury Protection Mandate Soon Be Over?

could-floridas-personal-injury-protection-mandate-soon-be-overOver the past few years, there has been significant controversy and discussion surrounding Florida’s personal injury protection mandate, otherwise known as the no-fault auto insurance system. The discussion is again being taken to the state Legislature and will be heard during the 2018 session.

Why Repeal No-Fault Auto Insurance?

Florida has seen a rise in fraudulent activity that takes advantage of no-fault auto insurance policies. In 2012, the Legislature passed measures in an effort to curb fraud, but it has not been successful. This is the primary reason state Senator Tom Lee of Thonotosassa filed a bill that would repeal the mandate completely.

Lee said, “While well-intentioned anecdotally, Florida’s Motor Vehicle No-Fault Law has resulted in widespread fraud, abuse, and a complex litigation process. Since its enactment (in the) ‘70s, the value of the PIP benefit has eroded, while Florida’s auto insurance premiums continue to rise.”

There seems to be a growing push to repeal the measure; or, at the very least, an acceptance of the fact that the mandate’s time is coming to a close. Jeff Atwater, former Florida Senate president, recently said, “I do believe the sunset of PIP will... ...read full post

A Personal Injury Case Isn’t Valid Forever

A Personal Injury Case Isn’t Valid ForeverWith the American legal system, the clock is “always ticking.” There’s a limited number of judges, a limited number of courts, and only so many days within a year when legal business can be conducted and resolved. That means that the court always has to pick and choose the times and “battles” that are going to be waged and try to do it as quickly as possible because there will always be another case, another dispute that needs to be settled.

This is especially true when it comes to minor breaches of law, such as disputing a traffic ticket, which can be resolved in a few minutes, and don’t even require the presence of a jury. However, for major cases, such as a lawsuit, the trial itself can last days, weeks, even years, depending on the severity. In these cases, the trial will take however long it takes for attorneys and a jury to reach a resolution, but where the clock ticks in these cases is how much time is allowed to pass before a case goes to court.

This is called that statute of limitations,... ...read full post

It’s Not Just Lawyers That Investigate A Case

It’s Not Just Lawyers That Investigate A CaseOnce you get into a legal dispute with another driver, business, or property owner about an injury that was unfairly inflicted on you by the other party, a long, drawn out legal battle begins to form up. You, as a plaintiff are now seeking damages, usually financial compensation, in some kind of personal injury lawsuit for a civil court case. You may simply be seeking the compensation you are owed for recovery, or, more tragically, you may be seeking compensation for wrongful death, because a loss of life occurred during the incident.

Regardless of the actual circumstances of the case, one thing is going to be very clear from the start. Your accident lawyer is going to be working hard on your behalf to investigate the facts of the case, and assemble whatever team is necessary in order to achieve this goal. However, it’s not your lawyer alone that will be trying to get to the truth of the matter. Insurance companies may also be involved, and some of those investigations may align with your own, while others may be conducted against you.

The Financial Responsibility

In... ...read full post

What If Your Employer Has No Insurance?

What If Your Employer Has No Insurance?
If there’s one thing that American culture strives hard to maintain it’s a fair deal; especially for honest, hardworking Americans. This is a country that is built on the idea that if you work hard, put in the time, and do an honest job, you will be rewarded for that effort. And it also means that when someone else does wrong by you, that person should make it up to you.

In the world of employment, this usually means that if you’re injured while on the job, there will be some kind of workers compensation that you are due, to help you recover and to make up for any lost wages you might experience as a result of your injury until you’re ready to get back on the job.

But what if your employer doesn’t have workers compensation? Is that even possible? Different states have different requirements for workers compensation, so how does it work here in Florida?

Industry Dependent

In the state of Florida, different sectors of commerce and industry will have different requirements for when compulsory workers compensation must be implemented for employees. In the business of... ...read full post

What Are Forensic Experts?

What Are Forensic Experts?Most people in America are now quite familiar with hearing the word “forensics” used when referencing crime investigation. However, its use over the years and its frequent application in fiction, reality TV and the daily news when documenting criminal trials has given some people the impression that forensic science is basically crime science, and that’s not actually true. Forensic science can also play a valuable, critical role even in civil cases, such as a personal injury lawsuit. But if that’s the case, then how? Let’s look at Forensic science really is.

Preservation & Admissibility

Forensic science obviously plays a very important role in criminal investigations. But that’s not because it is the science of solving crimes. Rather, forensic science is two disciplines that are rolled into one. The first role, the one that is primarily put into action, is the collection, analysis and preservation of evidence. This is one of the reasons why forensic science is so closely tied into criminal investigations, since a crime often requires experts to take what’s found at a crime scene and provide the data—such as fingerprints or DNA—that ties a suspect to that crime... ...read full post

A Guide To Choosing The Right Personal Injury Lawyer

A Guide To Choosing The Right Personal Injury LawyerWhen you're injured in an accident of any kind, it can make it difficult to know what to do. Your physical recovery is hard enough, but when you factor in the financial impact that hospital visits and lost time from work can have on your life it becomes even harder to manage in the days following your accident.

That's why a personal injury lawsuit is so important. Whether it's a slip and fall accident, an auto accident case, or something else entirely, being able to seek compensation for your injuries is important. It allows you to focus on physical healing instead of on your financial issues and can help you pick up the pieces and move on following your accident.

However, in order to really be successful in getting the compensation that you're owed, you'll need a good personal injury lawyer on your side. Your attorney will help stand up to the insurance companies, ensure that your rights are protected, and help you get the compensation that you deserve. Of course, as with anything, it's important that you get the best... ...read full post

Do You Need A Lawyer For A Workers Comp Claim?

Do You Need A Lawyer For A Workers Comp Claim? Most of us have some form of a vague idea concerning what happens when we're injured in a work-related accident. After all, workers compensation has been in place for years now as a way to protect employees as well as employers and ensure that everyone is able to continue moving forward after an accident.

But what some might not realize is that workers compensation may not be enough to cover all of the costs. And in some instances, a workers compensation claim may actually be denied or avoided. In these situations, finding a workers comp lawyer to help you with a workers compensation claim could be needed.

In fact, for most who are injured in a Florida workplace accident, contacting a workers comp attorney is a good idea regardless of the situation. If you're not convinced, just consider some of the following.

Insurance companies don't like to pay out anything. Their bottom line depends upon reducing their costs, which means avoiding paying out settlements if they don't have to. Even in workers compensation claims, it could be hard getting their... ...read full post

What You Need To Know About Personal Injury Settlements

What You Need To Know About Personal Injury Settlements Most people have a fairly basic idea about how personal injury lawsuits work. The overall consensus is simple - someone is injured, seeks compensation against the person who caused their injuries, and is awarded either a settlement or a court-ordered compensation.

But it often goes beyond that, and things are generally not as simple as you might assume. In particular, those settlement offers that are so common are worth a closer look. Understanding more about them could help you ensure that you get the best possible outcome from your personal injury case.

With that in mind, let's take a look at some of the main things that you need to know about personal injury settlements.

Good Intentions


Settlement offers are designed to help both parties involved in an accident. The injured person who didn't cause the accident is able to get compensated for their expenses and their injuries, letting them make a full financial recovery while healing physically. The party that is responsible for the accident, in turn, is able to close this chapter of their lives, get closer, and potentially avoid a... ...read full post

Steps You Can Take To Help Your Personal Injury Attorney

Steps You Can Take To Help Your Personal Injury Attorney The moments, days, and even weeks following an accident can be hectic, stressful, painful, and emotional. During those times it's not always that easy to know what steps you need to take and how to move through your recovery. And if your injuries weren't caused by your own actions, one thing you'll want to consider is seeking financial compensation for your injuries.

These personal injury lawsuits are often among the only ways for those who are injured in accidents to get the kind of help that they need when it comes to recovery. Doctors can help with physical healing, but what about the damage done to your bank account? From medical bills to lost time at work, an accident can influence your finances in a huge way.

Your personal injury attorney is the best ally you can have for helping you overcome those financial challenges. They'll handle most of the heavy lifting for you so you can focus on recovering, not on worry about money. And while they are obviously experts at what they do, there are also plenty of... ...read full post

Natural Disasters Make Lawsuits Challenging

Natural Disasters Make Lawsuits ChallengingRegardless of whether you believe in God’s work, climate change, or simple random, bad luck for Florida, the southwest part of the state had the misfortune of being struck by one of the larger, more serious hurricanes in recent memory. Even now, some areas are still struggling with full recovery and a complete return to a normal life. And for some residents, tragically, the hurricane has caused so much damage that the results are there is no home to go to, or, in some cases, an actual loss of life.

In the great majority of these cases, the best that people can hope for is that they have had the foresight to get some kind of insurance coverage that will protect them and their property from this kind of outlier, meteorological activity. For example, anyone that had the opportunity to get flood insurance in their area, ultimately chose not to, and then had their home flooded out is now probably experiencing an enormous amount of regret, in addition to the trauma of seeing a home damaged. That, however, was a choice with consequences.

There are other times when something... ...read full post

Dogs Aren’t The Only Aggressive Animal

Dogs Aren’t The Only Aggressive AnimalDogs are one of the most popular pets in the world, and in Southwest Florida, that’s certainly also the case. Many homes have dogs that are taken for walks, played with in parks, and frequently interact with friends, family and strangers. However, dogs are still animals, and animals can sometimes behave unpredictably, or interpret human actions as threats, to which they respond with violence. That’s one of the reasons why we have personal injury attorneys that specialize in dog bites, but dogs aren’t the only animal that can sometimes do real harm. America’s other perennial favorite, the cat, is also a viable—though far less common—cause of animal attacks.

A Careful Predator

The cat is quickly growing as a popular pet choice for Americans because it is “low maintenance” in the sense that cats don’t need to be taken for walks, or even let out of a house to deal with their waste. They can also be kept in smaller spaces like apartments, due to not requiring a lot of exercise, space, or making much noise. However, like dogs, cats are predators, and their entire evolutionary chain has... ...read full post

What Is A Tort?

What Is A Tort?For the average American, talking about the legal process and how things get settled in courts will usually conjure images of judges, fiery lawyers presenting passionate arguments, surprise witness testimonies, a jury watching the events unfold, and terms like verdict, conviction and lawsuit. All of these ideas and images come to Americans largely through the television and films they watch, or the fiction they read.

As a result of courtroom activity being portrayed in this manner for entertainment purposes, a lot of common legal procedure and terminology is often left out. So, despite the fact that it’s actually one of the most common legal activities to take place in court, few people in the general public are familiar with the word “tort.” Today, we’re going to explain what it is.

Two Sides Of The Law

Laws exist to provide a sense of order and structure to society, laying out clear rules for what is permissible and what isn’t. Roughly speaking, laws are divided into two types; criminal and civil. Criminal law is the more serious law, and breaking a criminal law is what results in a conviction from a jury... ...read full post

The Top 4 Mistakes People Make With Their Personal Injury Case

The Top 4 Mistakes People Make With Their Personal Injury CaseWhen you're injured in an accident that isn't your fault, it can create a frustrating situation that forces you to deal with physical and mental recoveries alongside a heavy financial burden. That financial burden is the most frustrating part - your injuries were caused by someone else's actions, and now you're left paying for them.

That's why Florida personal injury law exists. By seeking financial compensation for your injuries, you can start taking steps towards getting the kind of restitution you deserve. This removal of the financial burden lets you focus on your physical healing.

However, Florida personal injury law isn't always as simple as we would hope. Getting help from a professional Florida personal injury lawyer is important, and can be instrumental in success with your personal injury case. However, it's important that you understand a few common mistakes that people make regarding their cases. These can sometimes make it far more difficult to get the restitution you're owed.

With that in mind, here are a few things to avoid when you've been injured in an accident.

Failure To... ...read full post

A Closer Look At Financial Restitution After An Injury

A Closer Look At Financial Restitution After An Injury Humans are fragile. A small accident can sometimes lead to big injuries, and when this occurs it's often difficult to make a total recovery and get your life back on track. Physical healing matters in a big way, obviously, but your financial stability can often be impacted as well.

Auto accidents can create huge obstacles in your life, and finding a lawyer to help with your auto accident case is important. But for some, the idea of seeking out financial compensation is something that they don't want to do for various reasons - they feel ashamed of doing so, or assume that they have no way to get restitution, for instance.

But the reality is that you do have rights, and the stigma of seeking financial compensation is melting away as more and more people realize how important it is to get help. With that in mind, it's worth looking at a few basic things related to seeking compensation after an auto accident.

A Fading Stigma

The media and movies often portray the act of seeking compensation with a kind of... ...read full post

Even A Pleasure Cruise Should Be Prepared For

Even A Pleasure Cruise Should Be PreparedWith warm, sunny weather and tropical waters all around the majority of the state, it’s no surprise that one of the major pastimes for both Florida residents and visitors is boating. There’s nothing quite like being on a boat and taking in the sights on the ocean. Unfortunately, the very popularity of boating in Florida also means that the state has a much higher percentage of people on the ocean, in watercraft, than the vast majority of other states in the USA. This results in a higher likelihood of a boating accident, either through human error when operating the boat, or through a collision with another boater. We’re prepared to help Florida residents to deal with the legal aspects of a boating accident personal injury case. But do you know what to do and how to prepare for a boating accident?

There’s No Such Thing As Too Prepared

People who are going out for a cruise in a water for just a short trip often think this means not having to do much other than show up for a boat ride. While it’s true that passengers... ...read full post

Even Drones Can Be Dangerous

Even Drones Can Be DangerousTo some people in Florida, a drone is a strange and vaguely disturbing new piece of technology that feels invasive when they see them flying through the air. To others, the drone is just another convenience of 21st century life that can do everything from make a real estate promotional video for a home feel more glamorous to filming sporting activities in new and innovative ways.

Drones are just a part of our modern life now, and they are going to continue to become more widespread in use. A few years from now, it may not be all that unusual to accept home deliveries of everything from pizza to the latest purchase from Amazon via a drone flying directly to our homes.

However, as with any new technology, drones are still slowly integrating into the fabric of our everyday lives, and that means that there are going to be things to work. One of the things that many people are still wrestling with is the possibility of injury through the actions of a drone operator, and whether a personal injury case is then the right course of action.

Danger... ...read full post

What Is A Toxic Tort?

What Is A Toxic Tort?There are a lot of different things that can happen to a person while he or she is at work. Work days can be ordinary, with no surprises, and, in worse cases, things can go wrong that may even result in an injury. If it’s a small thing, such as a scratch, scrape, or other minor accident, life goes on and people merely deal with a painful inconvenience. If it’s more serious, however, it can require hospitalization, medical treatment, and, in some of the worst case scenarios, may never be recovered from, such as deafness, blindness, or limb amputation.

When something like this happens to a person and the fault lies with the negligence or carelessness of someone else, this is grounds for a case going to court for financial compensation. That’s a general personal injury case. However, when something happens at the workplace, even if the circumstances are similar, it’s a very special kind of personal injury case, and you’ll get better results with a court case when you seek the guidance of an attorney familiar with work-related injury cases.

Today, we’re going to look at a... ...read full post

Is It Possible To Sue For Injury After A Hurricane?

Is It Possible To Sue For Injury After A Hurricane?Florida has recently experienced a major storm event, and this means that some parts of the state may take years to fully recover from the damage done. Unfortunately for the Southwest Florida area, hurricane Irma went through a major portion of our region at high strength, and the result has been floods, damaged homes, and knocked out electrical power.

It has also meant injuries, and, unfortunately, even a few deaths occurred around the state. And while there is no doubt that a hurricane raging through an area falls under the category “act of God” in terms of damage and insurance claims, this also brings with it some questions. If you’re injured during a hurricane, and another person’s negligence is, in some way, involved, would you be able to go to court to pursue a personal injury case with a personal injury lawyer?

Context Is Always Important

Of course, when we’re talking a rare meteorological event such as Hurricane Irma, there is very little that a person can do to prepare for any and all eventualities that may arise from such crisis. For example, if... ...read full post

Did You Provoke A Dog Bite?

Did You Provoke A Dog Bite?The dog was, is, and will likely remain one of the most popular pet choices in the USA. While cats are quickly on the rise as the #2 or perhaps even #1 pet due to being able to live in smaller spaces and not requiring walks outside, the loyalty, affection and intelligence of dogs simply cannot be questioned.

However, even with an animal that has been domesticated for millennia like dogs, it’s still important to remember that these are animals. And like any animal, a dog is capable of becoming aggressive, lashing out and even injuring people with scratches or bites.

When a severe dog attack occurs, as upsetting as the incident is, there are always going to be questions that need to be answered. It’s especially important in these cases because, depending on the exact circumstances, legal action may be required. However, that legal action is only viable if it can be proven that the dog or dog’s owner is at fault, and not you.

Negligence & Recklessness

If you or someone you know, such as your child has been bitten by a dog and the injury was serious,... ...read full post

Don’t Take Your Time With A Court Case

Don’t Take Your Time With A Court CaseOne the great truisms that most of us are taught as we grow up is “patience is a virtue.” In practice, it simply means that sometimes, in order to get good results or achieve a goal we are pursuing, trying to rush things is often not the best way to go about it. In most cases in life, especially for a long-term goal, such as a career, a relationship, or raising a family, this is definitely good advice to follow.

But not everything in life benefits from this, and that’s when the other truism, “Those who hesitate are lost” might be the more relevant saying to follow. One of those instances where waiting can hurt you, not help you, is if you are injured, and someone else is responsible.

The Statute Of Limitations

One thing that people need to keep in view when being injured by someone else is that the clock is “ticking” down to when you can no longer go to court to hold the responsible party accountable. For example, in Florida, the statute of limitations if you decide to get a car crash lawyer... ...read full post

Poor Gun Storage Is A Premises Liability Case Waiting To Happen

Poor Gun Storage Is A Premises Liability Case Waiting To HappenWhile it is the constitutional right of any American to own a firearm for survival or defensive purposes, this brings with it an extra set of responsibilities. A gun, after all, is a weapon that is designed to injure or kill a target, and anyone that does not respect this power is subject to punishment by the law. This legal punishment doesn’t just extend to the incorrect use of a gun, it also applies to incorrect storage.

It means that if you have an accident in your home involving a gun, and it is discovered that this is because children have gotten hold of the weapon and used it on each other, even if you weren’t present, and didn’t fire the gun yourself, the law holds you responsible. If you want to avoid taking on that kind of harsh, legal responsibility, you need to be responsible with how you store your firearms.

Easily Accessible Is Too Accessible

Sadly, one of the most common stories in gun mishaps involving children is a combination of laziness and underestimation on the part of a parent. The... ...read full post

When Do You Need A Workers Comp Lawyer?

When Do You Need A Workers Comp Lawyer?For people who work at a good job, with good people and, most important of all, good, fair management, there’s not much to worry about. Even if you should get into an accident at your line of work, whether that’s in a factory, or in an office, a fair-minded, employee-centric place of work will do right by you and try to make sure things are fair.

It’s when a work situation is not as ideal as what’s described above that you need a workers’ compensation attorney to handle your workers comp case. So how do you know when you need a lawyer and when you’ll be fine on your own?

Here’s a few quick things to keep an eye out for.

You Don’t Need A Lawyer If:

It’s minor. If you just had a small cut, or you sprained a muscle, odds are this is not big enough that your employer would even have an issue with the medical treatment.

You have no pre-existing conditions. This is becoming something of a hot button topic since there’s so much uncertainty in America right now about what... ...read full post

What You Need To Know About Insurance Companies When You Are Injured

What You Need To Know About Insurance Companies When You Are InjuredBeing injured is something that can lead to a serious struggle in anyone's life. That's because not only do you end up having to recover from your injuries physically and mentally, but you're also left trying to figure out how to balance your finances as well.

When you're seriously injured, you'll have major medical bills to pay as well as the potential for lost wages at work. Those lost wages can make it difficult to keep your current bills paid. In short, one accident can destroy your financial stability and bring huge amounts of undue stress onto your shoulders.

Insurance is designed to alleviate those financial burdens, and for many, it will work - at least to some degree. But there are numerous things that you might not realize regarding insurance companies. They could work with you, but often you'll find that an insurance company makes it harder than it should be to get the financial recovery you need.

It's All About The Bottom Line

The simple fact is that insurance companies are just that - companies. And like any... ...read full post

The Difference A Personal Injury Lawyer Makes

The Difference A Personal Injury Lawyer Makes When you're injured in an accident of any kind, it will make your life much harder to move through until you fully recover. Physical injuries can make it impossible to go to work or enjoy your days, and the stress that can come with it will often weigh heavy on you. Add to this the major financial burden that a personal injury could cause, and the road to recovery will be a long one.

That's why finding an attorney is so important. A good personal injury lawyer will be able to help you get the compensation that you deserve and make it easier for you to start moving on with your life after an accident. But just why is a personal injury lawyer so important? There are numerous differences that you'll experience when you have an accident attorney on your side.

More Respect From Insurance Companies

Most of the changes that happen in your case with a personal injury lawyer on your side stem from one thing - respect. Insurance companies and lawyers for the other side won't give you the respect that... ...read full post

Mobile Devices And Personal Injury Claims

Mobile Devices And Personal Injury Claims Mobile devices are everywhere. They've become such a common part of our lives that it's hard to imagine getting through the day without them. And when it comes to personal injuries or auto accidents, mobile devices are playing a bigger role than ever before - in numerous ways.

Obviously, mobile devices have led to numerous accidents. Distracted driving is now said to be just as dangerous as drunk driving, and everyday accidents occur throughout Florida due to people looking at their phones or tablets instead of the road. But while this is one way that mobile devices are impacting personal injury - by creating increased risks on the road - there are also other ways that they are having an influence as well. Taking a look at some of these ways is well worth doing.

Insurance Apps

Virtually every insurance company out there today lets their clients use an app to simplify their management of their policy. It also allows for users to submit a claim. However, only a few companies allow anyone to use the app as long despite not having a claim. For example, an Allstate... ...read full post

Recent Tragedy Highlights Work Related Accidents

Recent Tragedy Highlights Work Related Accidents Throughout your daily activities, safety is always one of your primary concerns. It should be an employer's concern as well, and a recent accident in Apollo Beach Florida has shed new attention on the subject of work related accidents.

The Big Bend Power Station experienced a major accident when molten material surged from a tank and burned several workers, killing four of them. Only a month earlier, toxic chemicals were released at the same plant and caused more injuries. The US government has numerous protocols in place that are designed to help protect employees from these types of issues, and repeated accidents such as these could be a sign that additional safety issues could be present.

The Accident

The accident in question occurred during routine maintenance when employees were attempting to unplug a tank that was filled with waste product only to have the waste spill from the tank and onto them.

Currently, the accident is under investigation, but OSHA has already announced that it suspects the cause could be due to the plant itself not providing a safe working environment for all of its employees.... ...read full post

Social Media And Your Personal Injury Case

Social Media And Your Personal Injury Case In this modern world, social media is everywhere. It seems like people upload every facet of their lives to Facebook or Twitter, and the days when we all lived in some semblance of privacy are just a distant memory.

Social media can make it easier to connect with others, talk to loved ones, plan out your days, and even play games or work. But it can also have a big impact on other aspects of life, including your personal injury lawsuit.

If you've filed a personal injury claim, it's important to understand that social media can have a direct impact on your case and on your potential to receive the kind of compensation that you deserve. While plenty of people are well aware of the fact that people trying to use social media while driving could lead to an accident, what isn't always understood is that even after an accident, social media could still play a role in things.

Negative Impacts Are Commonplace


What many people fail to realize is that social media isn't hidden from the world. Even if your profile is set up... ...read full post

Time And Personal Injury Cases

Time And Personal Injury Cases When you're involved in an accident of any kind, it can throw your life into disarray and keep it there for what seems like an eternity. Recovering from injuries, getting your finances back on track, getting back to work, and dealing with insurance companies are all things that have to be dealt with. And in doing so, it can feel like the world is against you.

One thing that is important to understand is often overlooked initially - time. Understanding timetables where personal injury law is concerned is incredibly important for making sure that you move through the recovery process properly and reach the best possible outcome to your case.

Filing Your Claim


One of the first questions that those injured in an accident ask is 'how long will it take to get money for my injuries?", and there's a good reason for that. When you're injured, it can put a major damper on your financial situation. Most people need the money that they lost due to missing work and will quickly start seeing medical bills pile up.

Because of that, many will want money quickly. But... ...read full post

What Are You Really Owed After An Accident?

What Are You Really Owed After An Accident?Those who are involved in an accident often find that they're facing a long road to recovery - a road that involves much more than they realize. In fact, while it's easy to focus on things like your physical or mental healing, the reality is that your financial recovery will play just as big of a role.

After being involved in an accident, one of the primary things that you'll need to focus on will be getting some kind of financial restitution for your injuries. But a common mistake that the injured make is to quickly accept the first offer that they're given by an insurance company. Settling makes sense, and when you're in need of money after an accident any kind of offer can seem like a good one.

But that's not always the case. In fact, many insurance companies offer settlement amounts that are far lower than what the injured person is really, truly owed. Because of this, it's worth taking a closer look at the numerous things that add up to what a real settlement offer should be.

With that in... ...read full post

3 Things That Could Jeopardize Your Workers Comp

3 Things That Could Jeopardize Your Workers CompWorkers compensation seems like it should be a simple, straightforward proposition, especially if you go by the name alone. As a concept, workers compensation is all about making sure that a hardworking employee that is injured while on the job gets the financial support required for recovery, or, in the worst case scenario, gets permanent financial support should an injury be so serious it means working is no longer possible.

However, there’s often a big difference theory and application. And when it comes to your company and/or its insurance company properly financing you for an injury you sustained, there are a few things you can do that may negate a company’s obligations to provide that support.

Pre-Existing Conditions

If you already have some type of medical condition going into a job, in other words, a “pre-existing” condition, and the nature of the job makes that condition worse, this may disqualify you from workers comp. To any company, it would be extremely suspicious for a potential employee to knowingly take a job without notifying the employers of a condition that that specific job could worsen, only to... ...read full post

Good Doctor Communication Is Essential For Workers Comp

Good Doctor Communication Is Essential For Workers CompIt’s understandable why most Americans don’t look forward to a visit with the doctor. We’re now living in a period where medical payment is becoming increasingly uncertain, and, while a doctor is clearly not responsible for it, people associate doctors with bad news. Once you’re in a situation where you need to visit a doctor, the first two questions uppermost in people’s minds is “How bad is my problem,” and “How much is this going to cost?”

When you take a visit to the doctor and transfer this over to more specific situations, such as getting diagnosed and evaluated for an injury acquired at work, things get more complicated. Now, it’s not just a simple matter of being informed of what your medical issue is. It is also about making sure that every possibility has been documented and considered in order to make sure you qualify for workers compensation. And if you fail to communicate clearly and honestly with your doctor, it could get your workers comp denied.

Inaccuracies Lead To Inconsistencies

This is why, if you are injured at work, and see the company’s designated medical... ...read full post

Your Security Guard May Leave You Vulnerable To Negligence

Your Security Guard May Leave You Vulnerable To NegligenceWith summer here, Florida’s role as one of the premier travel destinations in America will get a real workout. People from all over the country and the world will be visiting different parts of the state, and that means that human traffic into places like shopping malls, restaurants, amusement parks and other facilities is going to be high.

If you run a business, you’re probably aware that you have a legal responsibility to ensure the safety of people that visit your facility. What you may not be aware of is that this sense of safety also extends to any security guards you may have on the premises and how they how they react to incidents involving visitors.

The Liability Problem

The role of a security guard at any facility is to act as the eyes of the management, observing activities of visitors and making a note of suspicious behavior. However, in the event that something unruly occurs, such as an attempt at theft, or a fight between customers breaking out, then the security guard also acts as the “hand” of management, actively stepping in to restore... ...read full post

Could Your Social Media Be Used Against You?

Could Your Social Media Be Used Against You?One of the most convenient—and addicting—additions to our modern, 21st-century lifestyle is the rise of social media. It’s not hard to see why; the ability to communicate in real time with friends and relatives, or make announcements to people close to us, or to the world in general that can be read at any time is a major communications breakthrough. Thanks to social media, friends, and relatives across the country or even on the other side of the world can still keep in touch. And thanks to social media, we can expose ourselves to new people and ideas we might not have considered before.

But for all the good that social media can bring, there’s also a risk to social media. For more sensitive people, social media can simply be another avenue for cyberbullying, where the people causing pain and humiliation no longer even have to be in the same room. But for others, social media presents a far greater, more tangible threat, especially in the legal world of civil lawsuits. Social media can be evidence that can be used against a person.

The Online World... ...read full post

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

What’s The Difference Between Social Security & Workers Compensation?All Injuries Law Firm is a legal practice that has workers comp lawyers as well as lawyers experienced in social security. In both cases, our goal is the same; to make sure that people who are entitled to either workers comp or social security actually get the financial security they need and deserve in order to continue living their lives despite an injury.

But some people may have some specific questions about these two different types of financial compensation. After all, if workers comp is money you receive from being injured, and social security is also money that is given after someone is injured then what, exactly, is the difference between the two? Is it possible to get both?
Let’s look into the similarities and differences between these two systems.

Straight From Your Employer

Workers compensation, as the name alone should imply, is something that is given to workers as a form finan-cial security should they become injured. The key component of workers comp is that this is money that comes from the employer, or employer’s insurance company, as a direct result of an injury that... ...read full post

Worker's Compensation And You

Worker's Compensation And YouYour job is your livelihood, and you depend on that steady source of income to keep your finances in order and keep you and your family moving towards your goals. But sometimes, Florida workers may end up being injured on the job.

Most people believe that if they're injured at work, all they need to do is file a quick Florida worker's compensation claim and receive compensation for things like their medical bills and their lost wages due to time away from work. But this isn't always the case, and understanding more about worker's compensation, your injuries, and what you may need to do to get your life back in order is important.

The Problems You May Face

In many cases, filing your claim is essentially all you'll have to do. From there, you'll get compensated for injuries after a short investigation into your accident. But often, worker's compensation may not work so easily. The reason comes down to one simple thing - money.

Insurance companies, as well as employers, have a major financial incentive not to pay out a workers' compensation claim properly Generally, they'll do one of... ...read full post

Tearing Down The Stigma Of Personal Injury Lawsuits

Tearing Down The Stigma Of Personal Injury Lawsuits Over the last couple of decades, personal injury law has gotten somewhat of a bad rap. The idea that all personal injury cases are nothing more than frivolous attempts at a cash grab has been fueled largely by the media, but the reality is something far different.

In fact, it's important to take some time to tear down the stigma of personal injury lawsuits and get to the harsh truths behind an accident. With that in mind, let's take a closer look at things.

The Heavy Costs Of Injuries


Injuries are more than just painful - they can also be incredibly difficult to recover from financially. Even the kind of cases that get the most derision - hot coffee cases - is no laughing matter. In fact, just recently a woman was awarded $100,000 after being burned by hot coffee from a Starbucks drive through in Jacksonville, Florida.

This wasn't just a simple case of a spilled cup of coffee. The injuries led to more than $15,000 in medical bills and caused scars that will remain on the woman's body for the rest of... ...read full post

A Closer Look At Settlement Amounts After An Accident

A Closer Look At Settlement Amounts After An Accident When you're involved in an accident of any kind, recovery will become your life's primary focus for some time. But while making a physical and even a mental recovery are vital, the financial damages that an accident can cause are often major and can be just as difficult to recover from.

In situations where your accident wasn't your fault, it's possible that an insurance company will make a settlement offer to you. This settlement is essentially a sum of money that will be given to you, that you then use to pay the medical bills from the accident. However, once it's accepted you will be unable to seek out additional compensation. And because of this, a settlement offer can be one of the biggest mistakes that you make following an accident. Taking a closer look at it is important.

What Goes Into A Fair Settlement Offer?


The biggest issue with settlement offers following an accident is simply that they're usually too low to really be considered 'fair'. Think about the different costs that occur following an accident:

Medical bills
Future medical bills associated with recovery
Lost... ...read full post

Do You Qualify For Social Security Disability?

Do You Qualify For Social Security Disability?It’s not something that anyone actually wishes would happen, but it’s important to be prepared and to have a backup plan in case of an emergency. There may come a time when, through no fault of your own, you may receive an injury and be unable to work. If that happens, especially if you’re a parent in a family, that means that the financial well-being of your entire family may now be at risk due to your inability to draw a salary.

But there is help available. Some of it may come from your employer if you were injured on the job, and your company has some kind of workers compensation insurance. But if you were not injured on the job, and it happened somewhere else, in all fairness, your company has no obligation to financially support you.

The government, however, might. It’s called social security disability insurance, or SSDI, and you may already qualify for it in the event that something happens to you.

Catching You When You Fall

The first thing to keep in mind with social security disability insurance is that the name says it... ...read full post

A Closer Look At Florida Slip And Fall Injuries

A Closer Look At Florida Slip And Fall InjuriesWhen most people think of the word 'accident', automobile accidents are what usually come to mind. And with good reason - auto accidents are increasingly common and also come with a huge potential for serious injury, disability, and death.

But did you know that slip and fall injuries are very common as well - and also very dangerous in their own right? While ice isn't generally a problem here in Florida, there are plenty of potential causes of falls that can occur on a property, and fall-related deaths are actually almost as big a killer as motor vehicle accidents when it comes to unintentional deaths in the USA.

Even if a fall isn't fatal, it can lead to major financial burdens and physical injury that can take months or even years to recover from - broken bones, traumatic brain injury, and more are very common with a fall. As such, it's worth taking a closer look at this type of accident and whether or not you might be owed compensation for your injuries.

An Increasing Problem


According to the National Center for Injury Prevention... ...read full post

Understanding Your Florida Worker’s Compensation Coverage

Understanding Your Florida Worker’s Compensation CoverageWhen you are injured, it can be life changing. The cost of hospital bills, loss of income, and pain and suffering can take a toll both on your finances and your life. However, if you are injured on the job, by law your employer has to pay for the damages caused by the injury. This coverage is called “worker’s compensation” and can help you recover both physically and financially. Unfortunately, proving your worker’s compensation claim in Florida can be quite a challenge so it is extremely important you understand your rights and responsibilities when filing a worker’s compensation claim.

What Does Worker’s Compensation Cover In Florida?

In Florida, most employers are required to provide worker’s compensation for their employees. These include:

● Cost of medical care from the injury or illness
● Replacement income
● Costs for retraining
● Compensation for any permanent injuries

In order to receive these benefits, you have to first prove that the injury occurred during work. In Florida, worker’s compensation also includes occupational diseases.

Types Of Benefits Available

The primary worker’s compensation benefit is the cost of medical care which covers the cost of treatment, medication, and rehabilitation. There are also three other forms... ...read full post

Negligence In Firework Injuries

Negligence In Firework InjuriesWith the Fourth of July fast approaching, people will soon be enjoying the festivities of the holidays. That includes watching and lighting fireworks displays. Every year, there is an average of 9,000 firework related injuries, with four deaths. Although the majority of injuries caused by fireworks are the result of misuse, there are cases where injuries occur from malfunctioning fireworks and negligence during large fireworks displays. In these cases, it is important to understand your rights to damages.

Firework Safety

Before discussing negligence in fireworks injuries, it is important to understand fireworks safety in order to reduce the risk of injury:

● Always follow the directions on the packaging
● Never set fireworks off indoors or near fire hazards like tall grass, dry leaves, and other fireworks
● Do not try to reignite malfunctioning or used fireworks
● Always keep a fire hydrant nearby in case of fire

If you follow all the safety guidelines and have still been injured, it may be the result of a product malfunction or the negligence of the company hosting the fireworks display.

Malfunctioning Fireworks Injuries

Malfunctioning fireworks can cause a variety of injuries. They can explode prematurely before the lighter has gotten a safe distance... ...read full post

An Increased Risk Of Fire Could Result In You Needing A Personal Injury Attorney

An Increased Risk Of Fire Could Result In You Needing A Personal Injury AttorneyFire, one of the necessities of life. It warms you and your loved ones, allows you to cook your food, and it can be easy to forget that it is extremely dangerous. An increased risk of fire while you are inside your vehicle could lead to you needing the services of a personal injury attorney. Volkswagen drivers, you should pay extra close attention to this information.

Volkswagen Expected To Begin Recall Process In July

Volkswagen Group of America is supposed to notify owners of a potential 240,487 affected units. That is a lot of vehicles, so one could easily be traveling next to you on the freeway or be parked next to you in a parking lot. These are gasoline-powered and have a fuel pump flange that may crack. As a result, fuel may leak increasing the risks of a fire. Affected vehicles include certain model year…

2013-2017 Audi Q5 vehicles
2013-2017 Audi Q7 vehicles

If an ignition source is present, this leak could lead to devastating injuries to you, passengers of your vehicle, and to anyone in the immediate area. Injuries... ...read full post

Understanding Settlements In Personal Injury Law

Understanding Settlements In Personal Injury LawBeing injured is something that can negatively influence your life in a huge way. And while Florida is filled with plenty to do and experience - from its beaches to its theme parks to its numerous music venues and restaurants - enjoying life here is more difficult when you are trying to recover from an injury.

And when your injury was caused by the actions of someone else, it can be incredibly frustrating to keep moving forwards with your recover. This is especially true when you're struggling to meet your bills and keep your finances in order - if your accident was the fault of someone else, it shouldn't be you who has to shoulder the burden that comes with it.

That's where personal injury law comes into the picture. By enlisting the help of a professional accident lawyer in Florida, you'll be able to start working towards getting the financial compensation that you actually deserve.

One of the most common outcomes for a personal injury case in Florida is for the injured party to be offered a settlement. No matter what type of accident you... ...read full post

Social Media Can Have A Negative Impact On The Outcome Of Your Personal Injury Claim

Social Media Can Have A Negative Impact On The Outcome Of Your Personal Injury ClaimDo you remember the days when you actually had to pick up the phone and dial a number to call and find out what someone was up to? Everything is so readily available to us now, usually with the swipe of one finger, that we take it for granted. Social media is a part of all of our lives now, in one way or another, whether we like it or not. Investigators often turn to these types of platforms in an attempt to weed out fraudulent claims.

Attorneys can use your posts as evidence to prove that your injury is not as significant as you might claim it to be. Obviously, if you have a broken leg that requires crutches, a video of you running and jumping, is not likely to look good in your favor. Seeking emotional damage because you are deeply traumatized may not sit well if posts of you smiling, laughing, and partying with friends are present.

Things Not To Do With Social Media If You Have An Ongoing Personal Injury Claim

Never post something sporadically.... ...read full post

The Big Misconceptions About Insurance Companies

The Big Misconceptions About Insurance Companies In Florida, as with much of the nation, if you're injured in an accident then one of your first steps will likely be to turn in a claim with your insurance company. If it's an automobile accident, you'll be filing with your PIP provider while those who are injured in work-related accidents may file a worker's compensation claim. Those injured elsewhere may have to file a claim with a different insurance company, but no matter the case the process is essentially the same:

You fill out the appropriate forms and submit your claim, along with medical reports and expenses, to the insurance company.
Someone with the insurance company reviews the info you provide and determines if your claim is eligible for compensation.
If so, you'll be offered a settlement check which you can accept and then use to pay off medical costs and get back on your feet.

Sounds easy enough, but in practice there are numerous issues that commonly come up. The biggest misconception about insurance companies is that your policy is there to provide you with total protection and keep you financially secure if an accident... ...read full post

The Impact Of Technology On Personal Injury

The Impact Of Technology On Personal Injury Over the last several years, technology has become such an integral part of our lives that it's hard to imagine a time without it. From smart phones to the internet to high quality security cameras protecting businesses, modern technology is truly everywhere.

However, while most of the impacts that it's had on our lives have been positive, there are some ways that it has influenced things negatively. In the world of personal injury, there are pros and cons to technology and taking a closer look at how it may influence a personal injury situation is well worth doing for anyone who has been involved in an accident of any kind.

Distracted Driving And Technology

When most people think of personal injuries, accidents, and technology, distracted driving is what will inevitably spring to mind. Studies have found that driving while texting is just as dangerous as driving while intoxicated, and as such it's important to put down the phone while on the road. But other technologies can be just as distracting. Things like changing songs on an iPod, answering your Bluetooth calls, and even trying... ...read full post

What You Need To Know About Product Liability Claims

what-you-need-to-know-about-product-liability-claimsWhile the majority of Florida personal injury law focuses on things like automobile accidents or slip and fall injuries that fall under premises liability, there are more facets to personal injury law than just these basic things. A perfect example of this is product liability, and understanding more about it could help those who have been injured due to defective products get the compensation that they deserve.

However, a number of people who have been injured due to these types of accidents never even realize that they have the right to seek financial restitution for their injuries. With this in mind, we think it's well worth giving it a closer look.

What Is Product Liability Personal Injury?

The first thing you'll want to understand is simply what product liability actually is. Product liability is a type of law wherein the seller or manufacturer of a defective product is held responsible for injuries that their defective product causes. In these situations, injuries sustained because of a defect or improper design will lie with the creator or seller of a product.

Defective products can include a number of different things including:

Poorly manufactured products
Use of... ...read full post

Tips To Find Your Injury Lawyer

Tips To Find Your Injury Lawyer It's fairly obvious to most who are involved in a Florida accident that finding an injury lawyer is a good idea. After all, the average person simply doesn't have the kind of knowledge needed to navigate the complicated legal system on their own and come out the other side with the best outcome.

What To Look For

But how do you go about finding a good Florida lawyer with so many personal injury attorneys available? Take a look at some of the key ways to do so, and you'll be able to determine just what steps to take to get the representation that you deserve. Here are some of the main things to remember.

Location - While you aren't going to have to spend a lot of time in an office with your personal injury attorney, you still have to be able to meet with them on occasion. Look for attorneys that have offices close by to you so you aren't left struggling to make those appointments.
Practice Areas - Some people are surprised to learn that not all personal injury law is the same. From motorcycle... ...read full post

Social Security Refusal Isn’t A Final Decision

Social Security Refusal Isn’t A Final DecisionFor some people, applying for social security disability insurance, or SSD, is a comparatively simple process. If a worker suffers a clear, debilitating, life-long injury that makes it difficult or impossible to receive gainful employment, this is the exact reason that SSD was created. It is unfair for someone to receive a permanent injury as a result of responsibly doing a job, and having a future forever crippled because of that. SSD ensures that people in this position are not financially punished for simply doing a job and provides the income necessary to continue to live an honest life.

However, for others, an injury at work may not as obvious as something like the loss of a limb, or sight. Some conditions, such as fibromyalgia are permanent muscular injuries, but they are inconsistent, coming and going unpredictably. It can mean a person appears able bodied one moment, but is then unable to complete even simple physicals tasks the next. These more ambiguous injuries may garner more skepticism during an application for social security, and may even result in a refusal.

But just because an application for social... ...read full post

Reduce Instances Of Personal Injuries Occurring During Hurricane Season With These Tips

Reduce Instances Of Personal Injuries Occurring During Hurricane Season With These TipsHurricane season is right around the corner and you can never be too prepared. There is so much going on before, during and after the eye hits that it is easy to sustain a personal injury. This could be from your own property, a neighbor being negligent or simply from an act of nature. You can never be completely prepared for every accident or incident that may occur, but planning ahead can reduce the instances of a personal injury occurring.

It is a good idea to always have an emergency supply of food and a fully stocked first aid kit on hand. If the lights go out, for an extended period of time, non-perishable food in your stockpile can be a game changer. Regardless of what time of year it is, you should keep at least one first aid kit in your home. It can also be helpful to have a second one made up to stay in your car. This will ensure that you are ready to face many of the obstacles that life throws your way.

Tips To... ...read full post

Your Landlord Is Responsible For Your Structural Safety

Your Landlord Is Responsible For Your Structural SafetyWhile actually owning a home is often a long term goal for most people, it’s not something that can usually be achieved right away. For some, home ownership is something will eventually happen with a more stable income and a family to look after. For others, in dense urban centers, homeownership may not even be practical, and a downtown lifestyle makes more economic sense when you rent.

Renting a place to live involves a mix of responsibilities. You may live in an apartment or house, but you don’t own it, someone else—your landlord—does. And that means that there’s a division of who is responsible for what. You may be responsible for paying only some of your utilities, such as electricity, but not water, or none at all. You will usually be responsible for maintaining the residence in the same general condition that you found it in, so you can’t simply knock down a wall in order to make a room bigger for your home office needs.

This also means that some things are the responsibility of your landlord, and your general safety in the home is... ...read full post

Your Online & Legal Life Are The Same Thing

Your Online & Legal Life Are The Same ThingThese days, there is an extra layer to our lives that permeates everything we do, from personal, to professional to even the romantic aspect of our life. That is our digital life, with the social media accounts we maintain, and the direct chat lines we have to friends and family.

On the one hand, this is a great way for us to maintain connections with the people close to us, no matter what time it is, or how far we actually live from each other. Relatives in another country can be easily reached through text, audio or video chat. Social media allows us to capture a single, happy moment of our life and share it with everyone who matters instantly.

But this ability to instantly update friends, family—and even the public at large—about our activities while both fulfilling and convenient, also serves another purpose that few people think about. It is a timeline and often legally admissible testimony of our attitudes and activities.

The Digital Double Life Does Not Exist

In old days of the Internet era, things were largely anonymous. Communication with others on a... ...read full post

What Is The Role Of Your Health Insurance In An Injury Lawsuit?

What Is The Role Of Your Health Insurance In An Injury Lawsuit? Healthcare and insurance has been a hot topic as of late, which brings up a lot of different questions for different people in these cases. There may be a bit of uncertainty with overall thoughts surrounding healthcare but we can help navigate some situations where a legal case and health insurance may both be part of your concerns. What part does your health insurance play when you sustain an injury at work, in an accident or at a business where you are seeking compensation? Just like most other legal cases there are multiple scenarios but we will highlight a few.



Damages In A Personal Injury Case

Medical bills are commonly factored in under the damages portion of the compensation in a personal injury case. For the most part it is understood that if someone or some business causes an injury to a person they are liable to cover, at the very minimum, the cost of medical bills resulting from the injury. This is where the presence of the health insurance makes things a little more complicated.

For instance, if... ...read full post

Why Would You Not Get Worker’s Comp?

Why Would You Not Get Worker’s Comp?For most people that are gainfully employed at a full-time job, with a monthly salary, one of the biggest advantages of being in these types of professions are the personal and professional security. Part-time jobs, for example, have very few perks and little in the way of job security. Freelancers, on the other hand, can work their own hours and have more say about the type of work they take on, but at the cost of an unstable monthly income, and no guarantee of continued financial support.

However, with a full-time, salaried job, many people, especially in trade professions, such as working in factories or in construction, enjoy many benefits. One of these benefits often involves worker’s compensation, which is when the company that is employing a person agrees to finance any medical costs that may be required as a result of injuries sustained while on the job.

But as straightforward as this idea may seem, sometimes, even when it may seem clear to you that received an injury while fulfilling your responsibility to your company, that company refuses to actually pay the compensation. In such instances,... ...read full post

Avoid Drivers That Show These Aggressive Signs

Avoid Drivers That Show These Aggressive SignsAggressive driving can result in numerous amounts of personal injury. All attempts should be made to avoid these types of drivers, and if you show one of these characteristics, you should consider changing your approach to driving. Aggression can happen for a variety of different reasons including traffic and personal issues.

Avoid Drivers Showing These Aggressive Characteristics

Tailgating- This behavior happens when one driver’s car is extremely close to the rear of another driver’s car. If you happen to be the recipient of this aggression, simply change lanes and let the other driver around. Being the bigger person will ensure that you will remain safe, and with any luck, it will take some of the aggression away from the other driver. Avoiding tailgaters is a necessity because their behavior can be too erratic.

Speeding- We have all been guilty of this at one time or another, but speeding with a blatant disregard for the speed limit can be a sign of aggressive driving. These are the drivers that pass you like you are sitting still while you are already doing 5 mph over the speed limit.... ...read full post

The Discovery Process & Avoiding Ambush

The Discovery Process & Avoiding AmbushOne of the things that some people may be familiar with from courtroom dramas and other forms of entertainment is the “twist” that can occur in court. This usually comes in the form of a surprise witness, or a sudden revelation of evidence that leaves the opposing side in a court case completely unprepared and unable to pursue their case.

In television and movies, we usually enjoy this type of courtroom intrigue because it’s normally the cleverness of the main character—or his or her attorney—that allows this sudden surprise to win the day. For entertainment purposes, these surprises and twists have a lot of value and make for much better, more fun story-telling.

In the real world of actual court process, this type of surprise rarely occurs, and for good reason. In a practical court system that is trying not to stack the odds in favor of one side or another, this kind of surprise twist is actually strongly discouraged in Florida.

The Ambush Trial

The technical term for a surprise twist in court is known as a “trial by ambush,” which clearly does not sound as pleasant or fun... ...read full post

The Delicate Dance With Workers Comp Insurers

The Delicate Dance With Workers Comp InsurersWhen you get injured at a full-time job, with full benefits and protections for the employees like workers compensation, you’d think that it would be a straightforward affair. If you’re fulfilling your professional responsibilities, not acting in any questionable way, and a mishap—through no fault of your own—occurs, then the fair and right thing to do for your employers is to give you the workers compensation that exists for just such occasions. You did nothing wrong while doing your job, and therefore your job—as agreed—should pay for the expenses that may be required.

However, there’s one thing that can often make this procedure much more complicated than it needs to be. In some cases, it can even mean your company will not give you the compensation that you are due. The worst part of this situation is that it exists in a big, legal gray area, where what happens can’t exactly be said to be illegal, and yet at the same time, it may not be the right thing to do either.

The situation is dealing with insurers, and your reactions at that time may unwittingly... ...read full post

Can A Trespasser Sue You For Injuries?

Can A Trespasser Sue You For Injuries?Fortunately, this isn’t a situation that happens very often, but it’s still a nightmarish scenario for some homeowners. You have someone break into your home with the intent to steal things, or even harm your family. However, over the course of the home invasion, the intruder gets injured by some component of the property, such as toys left on the stairs, or a cabinet that falls down after looting because it was not properly bolted to the wall. Now the intruder becomes a plaintiff and you are a defendant in a civil lawsuit for personal injury and negligence.

The big question is, as outrageous as this situation may appear, just how likely is it in court?

Three Classes Of Visitation

In general, a homeowner may expect three different types of visitors. Invitees are people that you actually invite to come to your home, such as friends, extended family and others. Licensees are people that you give consent to come onto your property in order to conduct business, like postal workers delivering your mail, or pizza delivery staff. Trespassers are people that have no invitation and therefore no... ...read full post

Experts Make All The Difference

Experts Make All The DifferenceOne of the things that both criminal and civil cases use in court is the witness. If you’ve ever watched any television involving police and court procedure, you know that once things go to the courtroom, some people may be called up to take the stand. When they do, they are asked questions and are required to give answers that will help the jury overseeing a court case to come to a final verdict.

In some cases, the people called to the stand will be there in the capacity of witnesses, explaining whatever they saw so that the jury has a clear idea of the course of events. In other cases, the people called up will not have any actual personal experience with the events centering around this specific court case, but they bring something just as—if not more—important; expertise.

Informed, Professional Testimony

Experts can be brought into a court case in one of two ways, either through a deposition, which means they are not actually present, but leave either a written or recorded statement that can be entered into the record for consideration, or as a witness attending court.... ...read full post

Social Media Can Impact Your Personal Injury Claim

Social Media Can Impact Your Personal Injury ClaimIn today’s society, we use social media for just about everything. You can keep up with friends and family, let people follow along with your life, and ruin your personal injury claim. Social media has become the first stop of many insurance companies that are disputing a claim. Much of the information that you put on these platforms is more public than you might think. It is best to avoid negatively affecting your claim whenever possible.

Items To Avoid Doing On Social Media After Filing A Personal Injury Claim

Pictures are worth a thousand words. Avoid posting pictures of you doing anything that may hurt your case. The investigators are going to scrutinize every aspect of your profile and your postings. Obviously, if you have a neck injury from an auto accident, you should not be water skiing, and you definitely should not be posting pictures of it. In many ways, you can be your own worst enemy.

Do not talk about your claim over social media. All it takes is a few misjudged words to incriminate yourself. By not talking about your injury, there will... ...read full post

3 Reasons That Sarasota County Residents May Need A Personal Injury Attorney

3 Reasons That Sarasota County Residents May Need A Personal Injury AttorneyNo one ever really wants to need the services of a personal injury attorney, but there are instances when these services are a necessity. We have been serving Port Charlotte and surrounding areas for years, and we can handle all of your personal injury needs as well. Residents in Sarasota county should seek consultation if any of the following items have happened to them.

Reasons To Seek A Personal Injury Consultation

1. Dog/Animal Bites

Animals bite, it is just in their nature, but if that animal is owned by another individual, they should be held accountable for their animal’s actions. Out-of-pocket costs for medical bills can add up in a hurry, so seeking an attorney can often offset those costs until the legal proceeding has concluded.

2. Slip And Fall

A slip and fall accident can cause pain, loss of work, and medical expenses. They can happen for a variety of different reasons, and they can happen anywhere. Have you slipped at a business that was negligent in cleaning a spill? Did a residence that you visited have an unsound structure that caused you to... ...read full post

Drug Use Endangers Your Workers Comp

Drug Use Endangers Your Workers CompIf you have a full time, salaried job that entitles you to health/dental benefits and added security like workers compensation, then you’re living out one of the great American dreams. You have a job with good prospects and employers that look out for you. It’s a great position to be in.

However, just because workers compensation is in place, it doesn’t automatically follow that if you get injured, your company will be there to support you financially. Obviously, if you weren’t injured on the job, your company has no legal obligation to honor a workers compensation agreement, since you weren’t actually working.

But even if you were injured while you were working, there are certain circumstances that occur that may still bar you from getting compensation. This is especially true if, after an investigation, it is decided that you may actually be at least partly responsible for your own injury. The presence of drugs is one of these instances.

Impaired Activity

Some lines of work have mandatory drug testing on either a periodic, or random basis in order to ensure that employees are staying alert, focused and substance free during... ...read full post

Should You Go To Court Or Settle?

Should You Go To Court Or Settle?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

Shortcuts In Landscaping And Construction Place Fall Liability On Property Owner

Shortcuts In Landscaping And Construction Place Fall Liability On Property Owner 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

Strict Deadlines For Filing An Injury Lawsuit In Florida

Strict Deadlines For Filing An Injury Lawsuit In Florida 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

Social Security Disability In Florida And How It Works

Social Security Disability In Florida And How It Works  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

How To Report A Work Injury To Your Employer

How to Report a Work Injury to Your EmployerThe 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

4 Reasons You May Be Denied Social Security Disability Benefits

4 Reasons You May Be Denied Social Security Disability BenefitsWhen 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

How ‘Foreseeability’ Effect A Personal Injury Case

How ‘Foreseeability’ Effect A Personal Injury CaseDetermining who was negligent and how that negligence directly caused an injury or damage is important in any personal injury case. However, being able to receive financial compensation for your injuries takes more than just proving that the other person was negligent in their actions or inaction. It is about whether your injuries were a foreseeable consequence of their negligence.

In personal injury law, foreseeability is a key concept. More specifically, foreseeability is a crucial element of causation.

Causation and Foreseeability

In order for you to win your personal injury lawsuit, a plaintiff will need to prove that the defendant was negligent and that this negligence is what directly caused or worsened the plaintiff’s injuries. To put it another way, the defendant cannot be held liable for negligence unless it played a role in the plaintiff’s injury.

This is where foreseeability comes to play. In order for you to prove causation, that the defendant’s negligence caused the plaintiff’s injury, the plaintiff will be required to prove that the harm they suffered was, or should have been, reasonably foreseeable to the defendant at the time of the... ...read full post

Top 10 Ways To Prevent A Bathroom Slip And Fall

Top 10 Ways To Prevent A Bathroom Slip And FallMost slip and fall accidents that occur in the home, happen in the bathroom. With so many slick, hard surfaces combined with the moisture can make for some dangerous conditions.

However, with a few preventative measures, you can drastically lower you and your family risk of slipping and falling in the bathroom.

1. Ditch The Throw Rug

Believe it or not, these slippery floor coverings are the most common cause of a household slip and fall. If you cannot bare to part with your bathroom rug, try to secure them using double faced tape, tacks, or slip resistant backings.

2. Prevent Tub Slippage

It should come as no surprise that the tub is the most ‘slippery’ part of the bathroom, especially when you are taking a bath or shower. Put in some nonslip strips, tiles or mats in your tub or shower to give yourself the extra grip you need to prevent falls. Additionally, you will want to secure any loose corners on mats.

3. Keep It Clean

Make sure to keep your tub or shower clean to counteract slippery soap residue or mold. Additionally, keeping your... ...read full post

Food Product Liability

Food Product LiabilityWhen purchasing food, you would expect that it is safe for you to consume and enjoy. Food products are often subjected to strict inspections before the manufacturer can even release it for public sale. However, this can’t always prevent a food-borne illness from occurring. If you get sick from something in the food you have purchased, you have the right to file a personal injury lawsuit to receive the financial compensation you are entitled to.

However, proving that a food product caused your illness isn’t as easy as you may think.

1. Prove that you got sick as a direct result of the food product!

If you have fallen ill after eating, the first thing you may suspect is food poisoning. While that seems like a logical explanation, it isn’t enough to prove it or file a lawsuit. To have a strong case, you will need to prove that something within the food is what made you sick in the first place. If you immediately seek medical help for your illness, a physician may be able to find the connection between the food and your poor condition and document this connection.

2. Identify... ...read full post

What To Know About Workers’ Compensation In Florida

What To Know About Workers’ Compensation In FloridaWhen most people think of Florida, they picture it as a relaxing vacation spot that the whole family can enjoy. However, there are plenty of workers doing what they can to make our beautiful state an amazing place to be for tourists and residents alike. Unfortunately, accidents can happen on job. Thankfully, workers’ compensation is there to help you get the compensation you need when mistakes occur.

What are workers’ compensation benefits?

In Florida, most employers are responsible for providing workers’ compensation for their employees. Essentially, workers’ compensation works as a type of wage replacement. How much compensation you are entitled to receive will depend on how much your ability to work is impacted by your workplace injury. For Floridian employees, you are not required to prove that your employer was at fault—only that your injury occurred while you had been working.

The majority of accidental injuries and occupational diseases that happen over the course and scope of employment are covered. However, workers’ compensation may not cover any mental harm unless they occurred as a result of a physical injury.

Will the benefits you receive equal your... ...read full post

What Is A Class Action Lawsuit And How Do I Get Involved?

What Is A Class Action Lawsuit And How Do I Get Involved? Class action is a word we hear thrown around a lot, not only in the presence of legal counsel but we hear and read it in the media all the time. So what is a class action lawsuit and why is it different than other lawsuits? I have a problem with a company or product should I look into class action? All valid and possibly confusing questions an attorney can help answer for you.

What Is A Class Action Lawsuit?

A class action lawsuit is when a plaintiff sues a defendant on behalf of a group of people, simply put. This is different than a standard lawsuit where one party sues another. When we hear about class action in the media is it often, though not always, in regards to a company versus many wronged parties. The most common theme is when each of the people in the group have been injured by the defendant in the same way. For example a faulty part in a toy or car that has malfunctioned and caused injury the same way... ...read full post

Being Injured At A Business Can Result In A Lawsuit

Being Injured At A Business Can Result In A Lawsuit Businesses are required to follow regulations and etiquette in order to keep their customers safe. There are circumstances where an injury or accident may occur while a customer is visiting the business and is entitled to compensation for said injury. A few key factors have to fall into place to have a valid case. Most businesses should be prepared for any personal injury accusations as it is part of owning a business.

What The Business Needs To Do In Case Of Personal Injury

Businesses have insurance that should be in place to compensate medical needs for anyone that sustained an injury in their establishment. It is when the business fails to provide a properly safe environment for its customers based on negligence that leads to an injury when they get in trouble. A common scenario is a slip and fall for instance. There Is protocol to follow in order to keep customers safe from slipping and falling.

In these cases it is up to the business to prove that they did everything in the regulated practice to provide... ...read full post

When Is It Necessary To Get A Personal Injury Lawyer

When Is It Necessary To Get a Personal Injury Lawyer There is a reason it takes so much extra schooling to become a lawyer, it is complicated. Often when there are some injury or damages caused in an accident or event there is compensation possible that people overlook. The intricacies of the system can guide you off the path but it is very possible your situation can put you in the personal injury category. This is not limited to physical injuries and can encompass a lot of scenarios. Here are some instances that could be overlooked but are cause for a personal injury case.

Accidents

Accidents that involve any negligent act or carelessness that result in an injury falls under personal injury law. This includes car accidents, falls and insufficient procedure that may have led to injury. There is a wide variety of accidents that can put your case in this category, so the most important aspects are the nature of how the accident occurred. Negligent acts by the other party or careless behavior that led to injuries put your case under personal injury rules.

Defective Products

Defective... ...read full post

Has Your Child Sustained An Injury That Needs Legal Action?

Has Your Child Sustained An Injury That Needs Legal Action We have all heard it a million times "oh they are just kids" or "boys will be boys" but these are just excuses adults are making when acting carelessly or negligently with the safety of your children. Yes, kids can be reckless than maybe your or I would be and are definitely far more active. It is not the allowance of kids to be kids we're are worried about, it is the quality of supervision while they are playing and after they may have become injured.

School Injuries

If your child has sustained an injury while at school and that has led to further complications and suffering, it is suggested you make sure you have absolutely as much information about the situation as possible. Schools and school districts usually have strict guidelines for their employees because there are necessary district and state rules in Florida that are intended to keep your children safe. These need to be followed at all times and if they were not, that may have resulted in your child's injury.

If you suspect something... ...read full post

What You Should Know About Toy-Related Injuries

What You Should Know About Toy-Related InjuriesWith the holidays over, children all over are playing with their beloved new toys. While toys are typically associated with joy and fun, they can unintentionally cause injuries among children. According to a study by the Center for Injury Research and Policy at the Research Institute of Nationwide Children’s Hospital found that the number of toy related injuries among children has increased significantly from 1990 to 2011.

It was estimated that 195,363 kids younger than 18 years were treated in U.S. emergency departments for a toy related injury in 2011 alone. This means that every 3 minutes, an American child is receiving treatment for a toy related injury.

What type of toys cause the most injuries?

Since 1999, much of the increase in toy related injuries have been attributed to the large amount of ride-on toys that have been made in recent years. In fact, ride-on toys have been associated with almost 35 percent of toy related pediatric injuries treated in the United States. Of those ride-on toy injuries, 75 percent of those injuries are due to falls. Additionally, ride-on toys are more than 3 times... ...read full post

How To Prove Your Florida Product Liability Claims

How To Prove Your Florida Product Liability ClaimsWith Christmas finally over, everyone has plenty of new gifts to enjoy. From those new speakers for your car to the abundance of toys your children now own, there is a lot to keep the whole family busy. Unfortunately, our gifts may not work the way they should. In fact, sometimes they end up harming the ones you love.

If you or your loved one has been injured using a product, you could have a case for a product liability claim. Product liability claims are typically filed against the distributor or manufacturer of a product that has caused you physical harm. However, in order for you to prove this claim and receive the compensation you deserve, there are a few things you need to prove.

1. You must prove you were injured!

The first step to proving your product liability claim is to prove that you were injured in the first place. The best way to achieve this is with your medical records. Your medical records are a documentation of everything from the date of your injury to the severity of the injury to the cost... ...read full post

4 Fire Safety Tips For The Holidays

4 Fire Safety Tips For The HolidaysThe holiday season isn’t over just yet. You can still see an abundance of lights and there are plenty of leftovers in the refrigerator. While the season is full of joy and wonder, it can also be one of the most costly and deadly times of the year. According to the U.S. Fire Administration (USFA), more than twice the number of open flame fires happen on Christmas Day and New Year’s Day. If that wasn’t bad enough, those fires often do much more damage than an average house fire too.

So to keep your holidays safe and jolly this season, here are a few fire safety tips to keep in mind.

1. Cooking

According to the USFA, cooking is the top cause of holiday fires. The most common reason being food that is left unattended. During the holiday season, it is way too easy to get distracted.

Try to take a pot holder with you whenever you leave the kitchen to remind yourself that something is on the stove. Additionally, you will want to make sure your smoke detectors are properly working and that you have a... ...read full post

The Effects Of Head Injuries In Automobile Accidents

The Effects Of Head Injuries In Automobile AccidentsIf you've ever been a part of a car accident, or witnessed one firsthand, you can understand how easily someone can be severely injured as a result. Some people may walk out of an accident with only minor injuries, such as abrasions and bruising. Others may come out with more serious physical injuries, such as broken bones. While these injuries are unfortunate, they can be treated properly with physical therapy and the assistance of your doctor. However, there are other types of injuries from car accidents that can result in long-term damage. These types of injuries deal with the head and neck region; more specifically, the brain.

Traumatic brain injuries are common when it comes to car accident injuries. They are usually caused by the whiplash effect that results in the sudden impact of a moving vehicle, and can also be caused by your head coming into contact with a piece of vehicle equipment such as your steering wheel or dashboard.

Traumatic brain injuries are sometimes hard to identify medically, since the symptoms associated with... ...read full post

Slip And Fall Is About More Than Wet Floors

Slip And Fall Is About More Than Wet Floors“Slip and fall” is a well-known name for a law whose official name is “premises liability.” This law refers to the obligation which owners and inhabitants have to create a safe environment for guests, whether that property is private or commercial. This includes things like setting warning signs around dangerous areas, making sure anything that might fall over onto somebody is secure, and making sure the building is ready for a fire.

Warning Signs

There are a lot of dangerous conditions out there that can get you into trouble if you don’t have a sign but which are perfectly acceptable when you have one. In other words, if someone slips on a wet floor it’s on you, but if anyone slips past a wet floor sign, it’s on them.

Just about the best example of this is the “Beware of Dog” sign: under Florida law, if your dog bites someone, even if the dog didn’t show any signs of aggression before, even if the person aggravated the dog into biting him or her, you’re still at least somewhat liable for the... ...read full post

Why Should I File A Personal Injury Lawsuit?

Why Should I File A Personal Injury Lawsuit?Depending on who you listen to, you may have heard a lot of phrases like “frivolous lawsuits” and “tort reform.” What both phrases imply is that we are a litigious society, ready to sue someone at the drop of a hat (for littering on private property). There’s that one case everyone remembers where a little old lady sued McDonalds because she spilled scalding hot coffee on her lap and won hundreds of thousands of dollars from the restaurant giant.

However, what these tort reformers often fail to mention is the fact that civil suits are a powerful tool that American citizens can use to level the playing field between themselves and massive corporations. Civil suits allow individuals to seek not only justice but compensation for injuries inflicted on them by others. In fact, civil lawsuits have sometimes brought injustices to light thanks to the discovery process, injustices that weren’t caught by the police, the media, or regulators.

An Even Battlefield

In many cases, particularly large cases where hundreds of thousands or even millions of dollars are on the line, personal injury lawyers work... ...read full post

Two Rulings Lead To A Workers’ Comp Rate Hike

Two Rulings Lead To A Workers’ Comp Rate HikeWorkers’ compensation insurance has been a part of almost every employer’s budget for decades. It’s a simple, no-fault way of dealing with workplace injuries, which were handled with bitter court cases about liability and responsibility before that point. Workers’ comp doesn’t point fingers, it just provides a steady (if undersized) income and covers most medical bills related to the accident.

However, each state sets the rules on its own workers’ compensation insurance, which means that while some states are relatively generous and favor the employees, others prefer to limit benefits in order to keep rates low and favor the businesses instead. Florida is much more a part of this second category, in part thanks to a set of reforms passed in 2003. Thanks to the 2003 reforms, along with another set of reforms which passed ten years earlier, workers’ comp lawyers have had to work on scale, accepting fees based on the value of the claims instead of a standard minimum fee.

The Florida Supreme Court Weighs In

In 2016, the Florida Supreme Court saw two cases which dealt with two... ...read full post

4 Things You Should Know About Your Personal Injury Lawyer

4 Things You Should Know About Your Personal Injury LawyerNot every lawsuit is created equal, and neither are the lawyers who represent the plaintiffs and defendants who populate the civil law landscape. Some are better at representing a client during the discovery period, while another might be better at presenting their side to a jury during the open trial period. There are a lot of variables and a lot of different skills involved, and so it can help to know exactly what to look for and what to consider before choosing a person or law firm to represent you.

Local Or Non-Local

Beyond any other consideration, your lawyer absolutely has to be licensed to practice law and to represent other people in the lawsuit’s jurisdiction. Every state has a slightly different set of laws and precedents, and so every state also has a different bar association. The different types of federal court also have their own requirements when it comes to legal representation.

However, hiring a local law firm goes beyond sticking with someone in the same state. It also means you should find a firm whose lawyers... ...read full post

The Top 3 Reasons Your Disability Benefits Were Probably Denied

The Top 3 Reasons Your Disability Benefits Were Probably DeniedIf you have put in a claim to receive disability benefits, but it has been denied, chances are you made one of the top three mistakes in the business. They are easy to make, but very hard to fix. Once your application has been put aside for an error, it is very hard to get forward momentum again. Take the time and fill out the application right the first time. It might just save you weeks, or even months worth of time spent waiting for a payment.

1. Paperwork Issues

The number one cause of claims being denied is because of paperwork issues. Incorrectly filed paperwork can lead to weeks of back tracking. Filing the claim in the first place means mountains of paperwork. If one sheet is missing or incorrect, the whole application is no longer valid and needs to be refiled. It can sometimes take months of trying to properly submit an application before you claim will go through. During that time, your bills may be piling up and you may start to drown in fees and debt. Be sure that you... ...read full post

Can My Child Collect Disability Insurance?

Can My Child Collect Disability Insurance?When a child is disabled, it is absolutely heartbreaking. The medical bills pile up and all of your dreams go out the window. But there may be a light at the end of the tunnel for these families. There are several programs available to help families collect financial assistance to help pay for help, lost wages and medical bills.

The Definition Of Disabled

A disabled child is defined by the Social Security Administration (SSA) in two parts.

1. The child must have a physical or mental condition that limits their activity level to an extreme.

2. The condition must have been present for over a year, be predicted to last a year or more, or resulted in the child’s death.

If both of these criteria are met, the child may qualify to receive disability benefits from the SSA. The child must also live in a household that does not have the means to pay for treatment on their own and little or no access to resources to help them out of the situation.

Financial Assistance

A disabled child requires around the clock care. It may not be possible for one... ...read full post

When Plastic Surgery Goes Wrong

When Plastic Surgery Goes WrongPlastic surgery can be great. It can change something or fix something, making you feel better or function better. There are a lot of reasons why someone might want or need plastic surgery. But what happens when the procedure goes wrong? Let’s take a look at some of the common side effects that could happen after a cosmetic procedure.

You Don’t Like The Results

You had everything all planned out as to how the procedure would go, and when it is over and finished, you have a completely different result. What happens then? If the procedure went just as it should with no hitches, chances are that filing a suit will not hold up in court. You could talk with your doctor about if a follow up procedure might get you closer to your desired results, or if anything else can be done.

A Reaction To Anesthesia

Any time you go under anesthesia, there is always a chance that your body will react poorly. The surgery is one risk, but just going under anesthesia can be a whole separate problem. If you have an allergy to any type... ...read full post

Personal Injury Protection Insurance For Auto Accidents

Personal Injury Protection Insurance For Auto AccidentsIn order to drive in the state of Florida, you must carry Personal Injury Protection insurance. This is to cover yourself in case of an accident and in case you need to recoup some of your medical bills. It is meant to be helpful and allow you to get the coverage you need faster. Let’s take a look at some facts about your coverage.

What Is Personal Injury Protection Insurance?

Personal Injury Protection Insurance, or PIP, is required in the state of Florida. Florida is one of only 10 states that requires all drivers to carry this type of insurance. It means that in Florida, you are responsible for carrying the insurance that pays for your own injuries. It can also cover your lost wages if you have to be out of work for a while due to an injury. You can receive the full benefits of your PIP insurance whether you are at fault for the accident or not. It is considered “no fault” insurance. What is covered varies state by state, so check Florida’s guidelines or talk with your insurance company regarding treatment options.... ...read full post

Trampoline Injuries On The Rise

Trampoline Injuries On The RiseThe American Academy of Pediatrics has recently reported a huge increase in trampoline related injuries. While trampolines may seem like a great source of entertainment and fun for you and your kids, they can also be dangerous if not handled correctly.

Trampoline Parks

Part of the spike in injuries is thought to be based around the fact that a lot of trampoline parks are popping up. They advertise free jumping times as well as exercise classes and dodgeball tournaments. All of these activities sound really fun, but you need to participate with caution. One wrong jump can send you directly to the emergency room.

How Can An Injury Occur?

Exposed springs on the edges of the trampoline- These are usually covered with padding, but with all the people jumping at a park, the springs can become exposed and cause risk for injury.
Flips and somersaults gone bad- Attempting a flip or a somersault on a trampoline is more complicated than it sounds. The ground has give, making it more difficult to stick a landing.
Trampolines on uneven ground- A trampoline needs to sit flat on the ground in order to properly... ...read full post

Nursing Home Negligence


Nursing Home NegligenceDid you know that approximately one out of ten senior citizens is likely to experience some sort of negligence during their stay in a nursing home? This statistic is astounding and rather scary. If you have a loved one staying in a nursing home, you should be on the lookout for some particular signs that there is negligence occurring.

Emotional And Social Negligence

When seniors are repeatedly ignored, it begins to become neglect. The whole point of having your senior family member in a nursing home is having someone there to take care of them and interact with them on a regular basis. When that is not happening, certain signs may start to appear indicating that neglect is happening.

Reclusive behaviors
Uncharacteristic changes in behavior or actions
Low self esteem and morale
Changes in eating and sleeping patterns
Fear of speaking the truth
They may even tell you that they are being mistreated

Any one of these signs is enough to start asking more questions. Emotional and social neglect leaves no marks, so the evidence is harder to collect. But it is definitely still there. Knowing what to look for helps, and also having another set... ...read full post

Who Is At Fault For A Dog Bite In Florida?

Who Is At Fault For A Dog Bite In Florida?If you are bitten by a dog in Florida, you probably have cause to open a lawsuit. Dog bites can come with medical bills and other costs, and it shouldn’t be your responsibility to pay for something that wasn’t your fault. Florida dog bite laws are fairly cut and dry, requiring little arguing about who is at fault. Having a pet means that you need to be a responsible pet owner and not let your animal run around biting people.

Strict Liability

The portion of the law in Florida that covers dog bites is known as Strict Liability. Strict Liability means that the god owner is responsible for the dog bite and any injuries that come from the bite. This is different from some other states where the dog has to bite people more than once in order to have the owner held accountable. In Florida, if you are attacked by a dog, the owner will automatically be held accountable for your injuries and made to pay for any damages. This makes dog bite cases fairly straightforward and easy. But there is still... ...read full post

Safety At Home: Your Responsibilities As A Resident

Safety At Home: Your Responsibilities As A ResidentOne of the things we take for granted when we return home after a hard day of work is that we’re in a place of safety and control. This, after all, is our home. It’s where we eat, sleep, live and be with people we care about when we’re not working, it’s our place. But one of the things we frequently forget about is that because it is our place, and we are considered the resident of the space, this means we also have a responsibility to the people that come into that space to ensure their safety and well-being, not just our own.

This responsibility is a legal one, and when we violate it, we can be charged with premises liability. If you don’t know what this is, you should keep reading, because it has very real legal and financial consequences.

Your Safety Obligation

Whether you are the actual owner of the property, or someone who is renting, depending on your living situation, it is up to you to ensure that the immediate surroundings of your property are safe for other people. For example, while... ...read full post

If Your Child Is Traumatized You Can Fight Back

If Your Child Is Traumatized You Can Fight BackMost of the time when we talk about court cases and getting compensation, we’re referring to injuries. In many ways, an injury is a much more simple and straightforward situation for a court to resolve. Injuries—at least at the time—are visible. They can be documented with photos, medical records, and testimony from doctors. In most cases, if an injury is life-long, permanent and crippling, such as the loss of a limb, an experienced personal injury lawyer can make a case for proper financial compensation if someone else’s carelessness is responsible.

But not everything that debilitates a person is a visible, physical injury. In criminal acts, it’s often understood that the ramifications of a rape case, for example, can go far beyond just any physical damage. Emotional damage can potentially be life-long and just as crippling—if not more so—than a physical injury. The same is especially true when it comes to the delicate emotional condition of children.

Children are only just learning about the world around them. That means that any new experience can be a formative one, that will have a lifelong influence on... ...read full post

What Happens If An AirBnB Guest Is Injured In Your Home?

What Happens If An AirBnB Guest Is Injured In Your Home?Florida is one of the great tourist states of the country, and with good reason. As if the tropical weather and sunny days weren’t enough attraction, cities like Orlando and Miami provide a lot of tourist destinations for the many travelers that come to our state looking for a good time.

Thanks to new innovations in the market, there are special services such as “Airbnb,” that allow homeowners to turn their residences into “hotels” or “guesthouses” for people coming to our state. It’s an easy and lucrative way for an enterprising homeowner to let their property investment make even more money. However, where some people view this enterprise as allowing a stranger into their home, and see that as the biggest risk, there’s another legal hazard that you need to consider; a stranger may be harmed in your home, and you may be responsible.

Legal Protection

Many people who don’t look into the legalities of Airbnb don’t realize that they are “on the hook” and responsible for many things when they allow a guest into their home, and this includes being responsible for certain... ...read full post

Eight Helpful Tips For Applying For Disability

Eight Helpful Tips For Applying For DisabilityWhen you’ve developed a disability through injury or illness, it can be the most stressful time of your life. You are worried about the financial security of your family, making adjustments to your new health circumstances, and trying to stay on top of it all while managing your pain. Add to that the stress of applying for disability benefits and it can all become extremely overwhelming. At All Injuries Law Firm, we understand how trying this period can be so we’ve put together this list of helpful tips so that when you apply for your disability claim, you don’t have the added stress of a denial. Here are eight tips to help move the process along:

1. File your claim immediately: The disability claims process takes a long time and the sooner you get your claim filed, the sooner you can get an approval and receive benefits. Also if you are applying for Social Security Disability Insurance (SSDI), your benefits may expire if you don’t file a claim quickly.

2. Prepare yourself for your disability interview:... ...read full post

Understanding Disability Back Payments

Understanding Disability Back PaymentsIf you have qualified to receive disability benefits, you may also qualify to receive back payments of disability. Back payments date back to the date of the diagnosis of your injury or illness, rather than the date your benefits began. With the long application and approval process for disability it may be weeks, months, or even years before you start receiving money. During this time you can rack up debt between loss of earnings and medical bills. Pursuing disability back payments can give you the extra money you need to manage the heavy costs of your disability.

The Two Types Of Back Payments

There are two types of back payments you can receive once you’ve qualified for disability. The first is for the length of the disability processing and approval period. Many people apply for disability, so claims become backlogged in the system and can take a while to process. On average, it can take months to receive disability benefits and even longer if you have to go through the appeals process. These back payments date... ...read full post

How Much Disability Can You Receive?

How Much Disability Can You Receive?The amount of social security disability you can receive depends on a number of factors. First you must prove that you qualify for disability. Then the Social Security Administration (SSA) will take into account the severity of the injury or illness, the length of the injury or illness, and your current and past earnings. Though there is no set standard amount of disability a person can receive, there are some standard factors in how the amount of your benefits will be estimated.

How Disability Benefits Are Calculated

Benefits are calculated by the SSA through a combination of your average indexed monthly earnings (AIME) and the primary insurance amount (PIA). To determine your AIME the SSA will look at your past earnings up to 35 years, current earnings, and project your potential future earnings. Then they take the years with the highest indexed earnings added together and divided by the total number of months. That average is then rounded down to determine your AIME. The SSA has provided a chart so you can better... ...read full post

Everything You Need To Know About Appealing A Denied SSID Claim

Everything You Need To Know About Appealing A Denied SSID ClaimSometimes even in cases of severe, permanently debilitating disabilities, the United States government will deny a claim. The government is always concerned about fraud and does not want to award tax money to people who don’t need the income. So they will deny claims based on a myriad of reasons. However, a denial does not mean you cannot eventually win disability claims. You can appeal a disability claim denial.

How Will They Deny A Claim?

When your claim is denied you will receive a notice from the Social Security Administration (SSA) by mail stating they are denying or terminating your benefits. In the paperwork, they will briefly explain the reason for their denial. Often times, you will have to call the SSA directly to get a full explanation of why your claim was denied. With your denial, you will also receive paperwork to file an appeal. This paperwork needs to be submitted within 60 days of the date received in order to proceed.

Reasons For... ...read full post

A Guide To The Four Types Of Disability Claims

A Guide To The Four Types Of Disability ClaimsThere are four types of disability claims that you may qualify for after an injury or illness. Claims are broken into two categories depending on the length of the injury: Temporary and permanent. Then they are broken further down into four categories depending on the severity of the injury. The type of disability you are eligible for determines what type of disability benefits you will receive. Here is a guide to the four types of disability claims.

Temporary Disability

A temporary disability is when your injury or illness is only temporary and will not be permanent. To be considered for temporary disability, you need to be unable to perform your regular work duties or are hospitalized for more than 3 consecutive days. There are two types of temporary disabilities:

Temporary Partial Disability: A temporary partial disability claim can be filed when you can only complete part of your regular duties and so your employer cannot offer you the same wages or hours. You will receive a... ...read full post

Who Is Liable In A Ridesharing Accident?

Who Is Liable In A Ridesharing Accident?Ride sharing apps like Uber and Lyft have taken the market by storm. They tend to be cheaper, safer, and easier to access than traditional forms of third-party transportation like buses, limousines, and cabs. Since they are so different from other traditional forms of transportation, you may be wondering what happens when one of these vehicles is involved in an accident. Here is a brief overview of the liability involved in ride sharing apps.

Driver Requirements For Ride Sharing

Both Uber and Lyft have several company requirements to ensure the safety of their drivers and riders. Drivers have to submit to a criminal background check and a clean driving record for the past year. They also require a vehicle inspection check and have strict guidelines on the types of vehicles allowed to drive for their service. Finally, all drivers are required to carry liability insurance.

Drivers Carry Their Own Liability

Though these companies have strict requirements, they are not directly liable in the case of an accident. Instead, passengers are covered by the driver’s own... ...read full post

How To Pick A Motorcycle Helmet

How To Pick A Motorcycle HelmetFlorida has the most motorcycle fatalities of any state in the United States. Most of these fatalities can be avoided with a motorcycle helmet. Even though the state of Florida does not legally require riders to wear a helmet, they are still crucial for the safety of motorcyclists. Helmets provide protection against traumatic brain injury and death. However, not all helmets are built the same. There are several things you need to look for when picking out a helmet. So here is a guide to picking a functional and safe motorcycle helmet:

Types Of Helmets

You first need to understand the differences between the various types of helmets available for riders. Some helmet styles provide more coverage, so they are safer. Here are the types of helmets and how safe they are:

Dual Sport: Dual sport helmets are usually worn by motocross riders and offer the most protection of any helmet. Dual sport helmets cover the entire head and face. There is usually a visor on the top of the head and an... ...read full post

A Guide To Florida’s Bicycle Laws

A Guide To Florida’s Bicycle LawsFlorida is a great state for riding bicycles. The year-round warm weather and flat roads, make it ideal for this healthy form of transportation. Unfortunately, with so many riders, Florida has the highest number of bicycle fatalities in the country. So it is imperative whether you are a bicycle rider or a motorist that you understand Florida’s bicycle laws so everyone can share the road safely. Here is a guide to the basics of Florida’s bicycle laws:

Rules Of The Road

Florida treats bicycles the same way they treat any other vehicle on the road. So Florida law dictates that bicyclists have the same rights and responsibilities of drivers. These laws are laid out in Florida State Uniform Traffic Control Code under Chapter 316 Section 2065 which you can find here: http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0316/Sections/0316.2065.html. These laws stipulate:

Bicycle riders need to follow all posted traffic signs and lights
One hand must always be kept on the handlebars when riding
Cyclists must signal within a 100 feet of intended turn
To signal a right-hand turn, a cyclist needs to extend their... ...read full post

Worker’s Compensation For Security Guards

Worker’s Compensation For Security GuardsSecurity guards have tough jobs. Whether you work as a bouncer at a bar or nightclub, patrol a property after hours, or provide store security, you are putting yourself at risk everyday. In fact, security guards face a 3.8% fatality rate and an estimated 42,000 non-fatal injuries every year. Since by nature, working in security is an extremely dangerous job, it is important that you understand your legal rights to worker’s compensation. Here are the basics of worker’s compensation for security guards.

Common Security Guard Injuries

There are many common injuries that can occur when on the job as a security guard including:

Traumatic brain injury
Strains and sprains
Fractures
Spinal cord damage
Bruises
Lacerations
Repetitive stress injuries

According to the U.S. Bureau of Labor Statistics (http://www.bls.gov/opub/mlr/2012/02/art1full.pdf):

30% of all injuries are a result of slips and trips and falls
15% of all injuries are a result of violence and physical attacks
14% of all injuries are the result of contact with an object
9% of all injuries are a result of vehicle accidents
4% of all injuries are a result of exposure to harmful substances

When To File A Worker’s Compensation... ...read full post

Worker’s Compensation For CNAs

Worker’s Compensation For CNAsThe medical industry is very dangerous, especially if you work as a Certified Nursing Assistant. CNAs do a lot of the dirty work like caring directly for clients, assisting with medical procedures, and stocking the room with necessary medical supplies. These duties are very physical and often times done in a fast-paced, hazardous condition. As a result, CNAs experience a high number of work related injuries and may need to file a worker’s compensation claim at some point in their career.

Common CNA Injuries

CNAs have one of the most dangerous jobs with the third highest rate of worker’s compensation claims in the country. On average 60% of CNAs, an estimated 22,000 people, report some form of work related injury every year. These rates increase depending on the field of medicine. Some of the most common injuries reported by CNAs include:

Sprains and strains
Bruises
Chronic pain
Fractures
Cuts/Punctures
Multiple Trauma
Infectious diseases

According to the Occupation Safety and Health Administration (https://www.osha.gov/dsg/hospitals/documents/1.1_Data_highlights_508.pdf):

48% of all injuries are a result of overexertion
25% of all injuries are a result of slip and falls
13% of all injuries are a... ...read full post

Fiat-Chrysler Recalls 1.9 Million Vehicles

Fiat-Chrysler Recalls 1.9 Million VehiclesOn September 15, 2016, Fiat-Chrysler Automobiles NV issued a recall for 1.9 million vehicles. The recall was issued after the company found that both seat belt and airbag defects. These two defects have lead to 3 known deaths and at least 5 injuries. Fiat-Chrysler Automobiles is the seventh largest vehicle company in the world and the current recall has a global reach. The current recall follows on the heel of a massive software recall in late 2015 of 1.4 million vehicles. So if you drive a Fiat-Chrysler vehicle, it is imperative you make sure your vehicle is not on the list.

The Details Of The Fiat-Chrysler Recall

The recall was issued after the Fiat-Chrysler discovered the defects during their crash analysis program. The data collected showed that vehicles equipped with a certain model of occupant restraint control modules and poorly designed front-impact sensor wiring failed to activate air bags and seat belts in head-on collision accidents. So far the company has not found that these safety features malfunction during side or rear-end collisions. Fiat-Chrysler no longer... ...read full post

A Closer Look At Settlements Following Accidents

A Closer Look At Settlements Following Accidents Being involved in an accident can lead to a long recovery. For those who aren’t responsible for the accident, seeking financial compensation is the key to ensuring that they aren’t left struggling to pay for medical costs that aren’t their fault.

However, one of the most common mistakes that can be made where financial restitution following an accident is concerned is to fail to fully understand the cash settlement that you may be offered. While having a good accident lawyer on your side is the key to making sure that you receive the kind of settlement you deserve, it’s also important that you take some time to understand the basics of personal injury settlements.

What Is The Settlement?

Essentially, a settlement is where the two parties involved in the accident agree to settle their dispute out of court. In the case of personal injury, it generally involves the party who was injured agreeing to accept a lump sum of money from the responsible party in exchange for dropping any further litigation.

In other words, if you’re... ...read full post

The Facts About What A Personal Injury Lawyer Does For The Injured

The Facts About What A Personal Injury Lawyer Does For The InjuredThere are plenty of misconceptions out there about personal injury law and in particular about personal injury lawyers. While they can get painted by the media as being a lot of things, the reality is that today’s accident lawyers really do help those who have been injured in an accident.

Whether it’s from an auto crash, a workplace injury, or a slip and fall accident, injuries sustained during an accident can leave a huge impact on your life and make it hard to move forwards and heal. And the heavy financial costs that come along with many injuries mean that you can often find yourself focused more on the stress of money than on recovery. In short, a personal injury lawyer matters in a big way. Here are some of the key things to understand about what a personal injury accident attorney does for those involved in accidents.

Initial Consultation

It all starts with the initial case review. Knowing what kind of case you have is the first step... ...read full post

Why A Florida Workers Comp Lawyer Is So Important

Why A Florida Workers Comp Lawyer Is So Important Being injured at work can throw your entire life into disarray and chaos. But every day, it happens throughout Florida workplaces. One of the best ways to ensure that your rights are protected and that you are able to proceed with worker’s compensation claims is to find a good southwest Florida worker’s compensation attorney.

The Importance Of A Worker’s Comp Lawyer

While the process of filing a worker’s compensation claim is fairly straightforward, there are also numerous challenges that exist as well. Finding assistance with your worker’s comp claim from a skilled southwest Florida worker’s comp lawyer is one of the best steps that you can take after being injured in the workplace. There are numerous reasons for this, including the following.

Many employers simply won’t’ bother filing a claim or even providing you with the forms you need to do so. They dismiss claims immediately since filing a claim will mean that their coverage rates may increase. As a result, you may need an attorney to help ensure that your rights are... ...read full post

What To Do Following A Work Related Injury

What To Do Following A Work Related Injury Every day, millions of Florida residents head to work to earn a living. It’s a part of life, but what happens when you’re injured in an accident on the jobsite? These accidents can end up costing you large amounts of money in medical bills and also make it harder to pay any bills due to hours that you miss from work.

But when you’re injured on the job, it’s not right that your financial troubles should be on your shoulders. That’s why worker’s compensation coverage exists, and employers have an obligation to pay for coverage that protects their employees.

However, filing those worker’s compensation claims isn’t always something that employees fully understand. There are a few basic steps you’ll want to remember, and once you do so you’ll be able to clearly understand what rights you have and what you may misunderstand.

Seek Treatment

Once you’re injured, your physical health is of paramount importance. The first thing you need to take care of is medical treatment for your injury. Be sure to visit the hospital... ...read full post

Technology And The New Ways To Prove Fault

Technology And The New Ways To Prove Fault Technology has had a huge impact on our lives in many different ways. From improving the way we communicate to changing the way we work and play, there is a lot out there that helps simplify our lives. What many don’t realize, however, is that technology has creeped into much more within our lives than most could guess. And when it comes to personal injury law and accident cases, technology is present in a big way.

There are numerous ways that technology impacts accident law, and understanding some of the basic points can help you see more clearly just why it deserves your attention in a big way. There are pros and cons here, and both impact accident law and personal injury cases.

Increased Risks

First, it’s worth touching on the obvious. From texting to Facebook to Pokémon Go, people use their mobile devices while on the go. But when these things are done while driving, it becomes a major distraction that actually increases the risks on Florida roads. Just looking at a simple two-word... ...read full post

Understanding Premises Liability Fault

Understanding Premises Liability Fault Every day, accidents take place throughout Florida. While the majority of accidents are on Florida’s roads, premises liability related accidents are very common as well. These are the accidents often referred to as ‘slip and fall’ injuries by the general public.

Essentially, if you are injured due to a slip, trip, fall, or other type of injury that occurs on someone else’s property, there is a chance that you may have the grounds to seek out financial compensation to help pay for your injuries. The reasons to do so are obvious – medical costs and time away from work mean that you have a large financial burden on your shoulders after many accidents, and overcoming this financial burden is something that you shouldn’t have to do alone if you weren’t to blame.

But while seeking compensation for injuries is important, it’s also vital that you remember that you actually have to prove that the other party was to blame for the accident and the injuries that you sustained as a result of it.

Under Florida law, there are a few basic things that... ...read full post

Top 5 Things To Understand About Personal Injury Law Cases

Top 5 Things To Understand About Personal Injury Law Cases Being involved in an accident of any kind can leave you struggling to recover – and not just physically. The financial cost of overcoming injuries can be incredibly difficult as well, and if you’re involved in an accident that was caused by someone else then one of your top priorities should be to look into what options you have in terms of seeking compensation.

However, personal injury law is often misunderstood by many. It’s worth taking the time to look into more about it and seeing what options you have and how it may help you. Here are five of the top things that people need to understand about personal injury law and their injury case.

One – Not All Cases Are The Same

First, understand that no two cases are the same. Just because someone you know had their case go a certain way doesn’t mean that your case will end up going the same way. And just doing some research online doesn’t mean that you’ll have a clearer idea... ...read full post

Overcoming The Stigma Of Personal Injury Law

Overcoming The Stigma Of Personal Injury Law For years, personal injury law has gradually gotten a bit of a bad rap. This is largely thanks to the way that some TV shows or films portray personal injury attorneys, not to mention media coverage of frivolous lawsuits. But there is something that the media often doesn’t show to the public – the very real fact that for those who are injured in an accident, seeking financial compensation is often the only way to overcome the challenges they face and get their life back on track.

In short, personal injury lawyers help people, and busting through that negative stigma so many have attached to the field is important. Many actually hesitate to seek assistance when they need it just because of this stigma, and moving forwards past this is something that society as a whole needs to do.

Getting Your Life Back

After an accident, the road to recovery can be incredibly long and difficult. Recovering from physical injuries can take weeks, months, and even years. The mental pain and emotional hardship can be hard to overcome... ...read full post

Premises Liability And Wildlife

Premises Liability And WildlifeEvery year, millions visit Florida to enjoy the many attractions, beautiful weather, and great scenery. Catching a glimpse of the wildlife here is also a wonderful experience, but what happens if one of the animals in the region injuries someone while in a public place or on private property?

It’s a question that is often overlooked, though the tragedy that occurred at Disney back in June of 2016 has brought it into the forefront of our minds. While that family has announced that they won’t be seeking compensation, many may find that they are in a situation where seeking compensation for injuries is the only way to get their financial stability back on track. In these cases, animal related injuries fall under premises liability law.

Premises liability in Florida can be difficult to fully understand, and when wildlife is involved it can become even trickier. For these types of cases, it’s important to be able to turn to a skilled personal injury lawyer who can help. However, understanding some basics is still a good idea.

The Question Of Fault

One of the first things... ...read full post

What To Do If You’ve Been Injured At Work

What To Do If You’ve Been Injured At WorkIf you or someone you know has been injured at work, it’s important to know and protect your legal rights. Whether you were hurt due to an acute traumatic injury (for example, cutting yourself on machinery such as a saw) or a cumulative trauma injury (such as carpal-tunnel syndrome) there are a few basic things that you should do in order to get the compensation you need. Though there may be some rare exceptions to the list of things you should be compensated for due to a workplace injury, following our list will help ensure you don’t lose your right’s under your state’s worker’s compensation law.

When It Happens

When you are injured on the job, the first thing you should do is obtain first aid or any other necessary medical treatment as soon as possible. The health care provide will have to be authorized by the Worker’s Compensation Board unless it’s an emergency situation, and your employer should have information available about the authorized providers. The cost of any necessary medical procedures or services is... ...read full post

Traits Of A Good Accident Lawyer

Traits Of A Good Accident LawyerIf you or someone you know has been injured in an accident, you’re likely looking for a quality accident or personal injury lawyer to help deal with your case. From medical bills and doctor visits to lost wages from a lack of work, an accident can be a lot to deal with, but if you have a legitimate claim, your best interest lies in getting compensation for your injuries. It can be tough to find a good personal injury lawyer due to all the options available out there, and knowing who you can trust and who will take advantage of your case is tricky. To help, we’ve put together some qualities to look for in a top-notch personal injury lawyer to narrow down your search.

Compassion

One trait that defines a great personal injury lawyer is their compassion. Put simply, a good lawyer does their job well, but a great lawyer cares about their client, and wants them to get the best settlement possible out of their case. They are able to understand the suffering you’ve endured due to your accident,... ...read full post

Personal Injury Law 101

Personal Injury Law 101Personal injury law encompasses a large spectrum of issues – whether you or your personal property has been injured or damaged in a wrongful manner – also known as ‘tort’ law. Essentially, this is the law that allows you to be compensated if you have been hurt by someone else’s carelessness, recklessness, or intentional misconduct. For example, automobile accidents in which you are the victim would be considered a case for personal injury or tort law, and this law dictates who may be responsible for causing an injury, and hold them liable for damages resulting from their negligence.

What Do I Do If I’ve Been Hurt?

The first thing you need to understand if you think you’ve found yourself the victim of someone’s negligence is to understand what constitutes as a tort offense. The majority of these offenses are caused in motor vehicle accidents, but can also encompass things such as:

Unsafe foods;
Untested products;
Burns;
Assault;
Poisoning;
Animal bites, etc.


If you’ve sustained an injury, illness, or damage done by any of these or like offenses, there are certain things that should and should not be done by you to make a... ...read full post

Swimming Pool Slip Or Trip And Fall Accidents

Swimming Pool Slip Or Trip And Fall AccidentsOne of the best things about living in Southwest Florida is we have access to swimming pools year round. Unfortunately the surrounding area of a swimming pool can be very hazardous. With people getting in and out of the water, water can accumulate on the pool deck creating a slippery surface. There are also several tripping hazards If not careful, you can slip on this surface and injury yourself from a fall. So it is important to exercise caution when walking around swimming pools to avoid painful injuries.

Swimming Pool Slip And Fall Hazards

There are several slip and fall hazards to watch out for when at a swimming pool. These hazards can easily lead to serious injury if you are not careful. So before enjoying your time at the pool check for the following:


Concrete Decks: Concrete decks, if not textured or stamped, can be a huge slip and fall risk. Not only can water accumulate and pool on the surface, leading to slick condition, but algae often grows... ...read full post

The Difference Between Traumatic Brain Injury And Anoxic Brain Injury

The Difference Between Traumatic Brain Injury And Anoxic Brain InjuryRecently there has been a lot of focus on the devastating effects of a traumatic brain injury. However, another significant form of brain injury that is less publicized but just as common is anoxic brain injury. Both can happen as a result of an accident and both have long term health impacts and can lead to a fatality. The key difference between traumatic brain injury and anoxic brain injury, is anoxic brain injury has a slower rate of recovery and requires more long term medical attention. So it is very important to understand this difference when filing a personal injury claim.

What Is A Traumatic Brain Injury?

Traumatic brain injury (TBI) happens when there is brain damage from a violent blow or jolt to the head. There are several types of traumatic brain injuries including concussion, second impact syndrome, contusion, coup-contre coup syndrome, penetrating injury, open and closed head injury, shaken baby syndrome, and locked in syndrome. TBI typically occurs when a person falls, their head is struck... ...read full post

What Happens If You Are Injured Aboard A Cruise Ship

What Happens If You Are Injured Aboard A Cruise ShipOne of the best things about living in Florida is the easy access to cruise ships. Cruise ships are a great option for vacations because they are typically all-inclusive and you get to check out many different places in one trip. However, a lot can happen out at sea, including accidents and injuries. In most cases if you are injured on a cruise ship, the cruise line company is responsible for your injury. However, cruise ship liability is complicated, so it is important you seek legal counsel to get fair compensation for your injuries.

Common Injuries On A Cruise Ship

Pretty much any type of injury can occur on a cruise ship. However, cruise ships provide unique risks that you will not necessarily encounter in other places. It is important before boarding a ship you understand these risks, so you can exercise caution so you are not injured. Some common injuries that occur on cruise ships are:

Slipping on a wet deck and falling
Slipping by the... ...read full post

The Six Most Common Injuries From Slip Or Trip And Fall Accidents

The Six Most Common Injuries From Slip Or Trip And Fall AccidentsSlip or trip and fall injuries are one of the most common accidents that cause injuries. They can happen from slippery surfaces, uneven ground, and objects blocking pathways. Most often these types of falls do not result in any injury. However when they do, the injuries can be very serious. Here is a rundown of the six most common types of injuries resulting from a slip or trip and fall:

Traumatic Brain Injuries (TBIs):

TBIs happen when a person hits their head on the ground when they fall. Brain injuries can range from minor injuries small concussions, bumps, and bruises to major injuries like skull fractures, hematomas, and subarachnoid hemorrhage. TBIs can be devastating to a person’s quality of life. Severe TBIs can impact brain function, cause seizures, and loss of bodily control.

Spinal Cord Injuries:

Spinal cord injuries can happen when a person hits the ground with their back or twists and overexerts themselves to avoid a fall. Spinal... ...read full post

The Four Most Important Steps To Take If You Are Injured On The Job

The Four Most Important Steps To Take If You Are Injured On The JobIf you experience a workplace injury, there are a few things you need to do right away to ensure you are protected. Worker’s compensation claims can be a long, drawn out process, and insurance companies and your employers will work together to avoid paying you a fair settlement for your claim. So if you are injured there are a few things you need to do right away to ensure that you get the compensation you deserve for your injury. Here are the four most important steps to take right away:

Report The Injury:

As soon as you are injured or in the case of a chronic injury or illness, have shown symptoms, you need to report the issue to your employer. If the injury is the result of an accident, in the state of Florida, you have 30 days to file a worker’s compensation claim with your employer. By law, your employer has to provide you with the proper... ...read full post

Carbon Monoxide Poisoning: What You Need To Know

Carbon Monoxide Poisoning:  What You Need To KnowCarbon monoxide is extremely poisonous and can lead to severe injury and even death. Since it is odorless, colorless, and tasteless gas, you may not even realize you are being exposed until it is too late. Carbon monoxide poisoning is also very difficult to diagnose, so doctors may not be able to identify the cause of your symptoms. If you’ve been exposed to carbon monoxide, there’s a lot you need to know.

Symptoms Of Carbon Monoxide Poisoning

One of the reasons carbon monoxide poisoning is so hard to diagnose, is that most of the symptoms are pretty mild and can easily be confused with other health issues. Here are the common symptoms of carbon monoxide poisoning:

Headache
Weakness or fatigue
Dizziness
Difficulty focusing
Confusion
Depression
Memory loss
Blurry vision
Shortness of breath or difficulty breathing
Nausea or vomiting
Flu-like symptoms
Fainting or loss of consciousness


If these symptoms go undiagnosed and untreated, carbon monoxide poisoning can lead to serious illness, such as:

Seizure disorder
Permanent brain damage
Memory loss
Psychiatric issues
Hallucinations
Heart conditions
Cardiac Arrest
Kidney failure
Pneumonia
Coma
Death


Causes Of Carbon Monoxide Exposure

There are several things that can expose you to carbon monoxide. ... ...read full post

The Six Most Common Types Of Florida Construction Site Accidents

The Six Most Common Types Of Florida Construction Site AccidentsConstruction jobs are physically intense and often dangerous. Construction accidents can lead to serious injury, long term chronic illness, and even fatality. In fact, one in ten construction workers are injured on site every year. With a large construction industry, Florida has the second highest rate of construction worker fatalities in the United States. Unfortunately, construction site injuries can lead to expensive medical bills, unemployment, and even financial ruin. Here are the six most common types of construction injuries in Florida:

Falling:

According to the Occupational Safety and Health Administration (OSHA), falling accounts for 57% of all injuries on construction sites. A falling injury can result from falling off scaffolding and ladders, through roofs and windows, or off machinery. Falling can cause broken bones, head injuries, and even fatalities. In fact, 36% of all falling victims on construction site are killed.

Trip Or Slip And Falls:

Trip and falls are when someone trips over something and incurs an injury from falling. Trips often... ...read full post

The Six Most Common Workers Compensation Injuries

The Six Most Common Workers Compensation InjuriesMost of the time when people think about worker’s compensation, they think only about severe onsite injuries, usually in jobs that are very physically demanding. However, people who work in all fields and in a range of business activities can incur serious injuries. So if you are suffering from an injury that may be work related you should talk to a personal injury attorney. You might be surprised what kinds of injuries are eligible for worker’s compensation. Here are the six most common worker’s compensation injuries:

Overexertion:

Overexertion is when a person strains or pulls a muscle or joint, or even slips a disc from overextending to lift, pull, push, or turn an item. Though these are most common in workplaces that require a lot of physical labor like on construction sites, at factories, or in medical, they can happen anywhere. Overexertion can happen in an office from moving files or at a restaurant carrying a tray of food. If you experience an injury from overexertion on the job, you are eligible for... ...read full post

Is Your Doctor Liable For Prescription Pill Addiction?

Is Your Doctor Liable For Prescription Pill Addiction?If you’ve been injured or are suffering severe trauma, your doctor will prescribe a prescription to help you through your pain. These pills can be a great benefit to anyone suffering, but unfortunately many prescriptions pills are addictive. Pills like opioid painkillers, barbituate and benzodiazepine tranquilizers, and stimulants can all trigger chemical addictions in our brains and lead to an unhealthy dependency. So if your doctor has prescribed you one of these pills and you are now dealing with addiction, can they be held liable for your issue?

Prescription Pain Pill Addiction Is Growing

Over the last 25 years years, prescription pill addiction has nearly quintupled in the United States, leading to 60% of drug overdoses nationally being the result of prescription pill abuse. The Center For Disease Control estimates that 12,000 people die annually from a prescription pill overdose. Around 70% of these people had a legitimate pharmaceutical prescription. The CDC believes the problem lies from the influx of prescription pills in the market and an increase of prescriptions. Prescription... ...read full post

Hosting A BBQ This Summer? Protect Your Guests And Yourself!

Hosting a BBQ This Summer?  Protect Your Guests And Yourself!Hosting a backyard BBQ is one of the best summer activities. Getting all your family and friends together to celebrate the season and eat your seasonal favorites can be a blast. However, if one of your guests gets injured on your property while you are hosting a BBQ, you might find yourself in a difficult situation. Not only do not you want to see anyone hurt, but an insurance claim against you by someone you care about can really strain a relationship. So make sure that when you host your summer BBQs that you understand your property liability and take the necessary steps to keep everyone safe.

Homeowner Liability And Your Guests

Most homeowner insurance policies cover injuries to guests. Any guest you invite to a BBQ will be considered a licensee, which means they have a right to be safe on your property. Your responsibility to a licensee is that you do everything you reasonably can to protect your guests from harm on your property.... ...read full post

A Guide To Toxic Torts

A Guide To Toxic TortsIf you have been injured or developed an illness because of exposure to toxic chemicals, you may have a claim for a toxic torts. Toxic torts are a common worker’s compensation claim. However chemical exposure can come from a variety of places, so toxic torts can also be filed as a personal injury lawsuit as well. So if you’ve been exposed to a dangerous chemical that has put your life at risk, you should seek legal help immediately.

What Is A Toxic Tort

A toxic tort is a type of personal injury claim where a claimant has been exposed to a toxic chemical. The exposure can come from a variety of sources. Common sources of toxic exposure include:

Occupational exposure
Pharmaceuticals
Toxic chemicals in consumer products
Dangerous building materials
Environmental pollution

If any of these exposures have lead to serious injury or illness they can be pursued as a toxic tort.

Occupational Toxic Torts

Many occupations require employees to work with hazardous chemicals. People working in fields like construction, medical, and even janitorial can be exposed to toxic chemicals regularly. Occupational toxic torts are usually... ...read full post

Fourth Of July Fireworks Safety Tips

Fourth Of July Fireworks Safety TipsIndependence Day is almost upon us! Between the cookouts, the family fun, and the celebration of this great nation, the Fourth of July is the most fun holiday of the summer. However one of our time honored holiday traditions, lighting off fireworks, can be extremely dangerous if you are not careful. Here at All Injuries Law Firm we want to make sure you have a safe and fun holiday, so we put together this list of simple tips for fireworks safety this holiday.

Choose Legal Fireworks

Although it may be tempting to light off some of the fun illegal fireworks, remember these are banned for a reason. These fireworks present a safety not only to the operator but to the whole neighborhood. Plus if something goes wrong you could be in big legal trouble. So make sure that you only light off legal fireworks. In the state of Florida all exploding fireworks are illegal, though some places will still try to sell them. So check your local laws to make sure you aren’t buying... ...read full post

Liability And Public Playground Injuries

Liability And Public Playground InjuriesWith no school and the beautiful weather, there’s no better place for children to spend their summers than on the playground. Public playgrounds are a great place for children to socialize, get exercise, and have fun. Yet sometimes, children can get hurt on the playground. So what happens if your child is injured on the playground? Who is liable for their injury? Most of the time playing on a playground comes with the assumption of risk. Meaning that everyone knows that children can get hurt if they aren’t careful. However that doesn’t mean that the local government cannot be held liable for an injury on a public playground.

Teach Your Children Playground Safety

Playground accidents are very common. Cuts, scrapes, and bruises are bound to happen. So before letting your children loose on the playground you should teach them the basics of playground safety. First they should know to always follow the playground rules, so if the signs say not to climb or jump on something, they should not. Then make sure they understand... ...read full post

Establishing Liability In Carnival Ride Accidents

Establishing Liability In Carnival Ride AccidentsOne of our favorite summer activities in Florida is to go to the local carnivals. The rides, games, and food can provide a great, family-friendly time for you and your children. Unfortunately, as we’ve learned with the two serious injuries so far this year, carnival rides are not always safe. With the assumption of risk and ride disclaimers, it can be difficult to establish liability in a carnival ride accident. So you may be left wondering if you or your loved one has been injured on a carnival ride, do you have a claim?

Assumption Of Risk On Carnival Rides

Assumption of risk is when someone knowingly or willingly participates in an activity known to be dangerous. We all know carnival rides come with an array of dangers, so riding one assumes you understand the risks. So for example, if a carnival ride results in an expected injury like the carnival ride exacerbate a heart condition or another pre-existing condition, the rider bears the assumption of risk. Assumption of risk also includes... ...read full post

Are Landlords Responsible For Dog Bites?

Are Landlords Responsible For Dog Bites?If you own a dog-friendly rental property, you may be wondering if the landlord is liable when a tenant’s dog bites someone. Most of the time the owner is responsible for any liability in the case of a dog bite. However, in Florida, there are some cases where a landlord can be held legally responsible if a tenant’s dog bites someone. So when it comes to dog-friendly rental properties, it is important to understand a landlord’s liability in the case of a serious dog bite.




When A Landlord Is Not Liable For A Dog Bite

When a dog bite happens on your property it is important to understand when you are not liable for the incident. There are several instances where you may not be liable for a dog bite. The first is if you had no knowledge of the dog living on your property. If the dog was on your property without your knowledge or against the rules, you could not have known of the threat the dog posed. The second... ...read full post

What To Do When You’ve Been In A Bicycle Accident

What To Do When You’ve Been In A Bicycle AccidentSummer is a great time to ride your bicycle. Whether you are commuting to and from work or simply riding for sport, bicycling is a fun way to get around town. However, Florida has the highest rate of bicycle accidents in the country, so it’s especially important here that you are prepared in case you are ever in an accident. Here is what to do if you are involved in a bicycle accident:

Exercise Proper Safely

The best thing to a bicyclist can do is to avoid an accident in the first place by exercising proper bicycle safety. You should always wear protective gear like helmets and good shoes. Also, make sure your bicycle is properly maintained so that you don’t have an accident because of a mechanical malfunction. Then, while on the road, make sure you are always visible, ride defensively, and stay alert. If you ride safely you are much less likely to be in an accident.

Make Sure You Are Safe

The first thing you need to... ...read full post

Premises Liability And Assumption Of Risk At Walt Disney World

Premises Liability And Assumption of Risk At Walt Disney WorldThe recent alligator attack at Walt Disney World has left many people wondering who is at fault for this tragic event. Is Walt Disney World at fault for not adequately warning tourists about the dangers of alligators? Were the guests at fault for not heeding the warning signs? Was it no one’s fault and just a terrible accident? Who is at fault for this heartbreaking incident will be legally determined by premises liability, the assumption of risk, and may even end up with a comparative fault ruling.

Premises Liability

Premises liability is the liability a property owner holds for the reasonable safety of people legally on their property. Walt Disney World is responsible for the safety of their guests and should prevent risks by removing, resolving, or warning guests about known hazards. The “No Swimming” signs posted around their lagoons is a form of warning. However, a court could prove that Walt Disney World did not adequately warn their guests about the dangers of being in... ...read full post

Preventing Tip Over Injuries

Preventing Tip Over InjuriesFurniture tip overs are an underestimated household hazard. Unfortunately, furniture tip overs can cause serious injury or even death. Every year around 13,000 injuries a year and 150 fatalities are caused by furniture tip overs. So it is important to take some safety precautions to prevent tip overs so you can protect your family from unnecessary danger. Here are some important tips on preventing furniture tip overs:



What Are Furniture Tip Overs

Furniture tip overs are when furniture, including appliances, tip over from their weight. They can happen randomly when a piece of furniture is not properly secured and are top heavy. The furniture can then falls over. Tip overs can also happen as the result of climbing or moving furniture. Furniture is really heavy and if it falls onto a person it can cause fractures, sprains, and even suffocation. Furniture tip overs are especially dangerous for small children who can be crushed under the heavy weight.

Safety Tips For Preventing Injury From Furniture Tip Overs

The best thing to do you can do to prevent furniture tip overs is... ...read full post

A Glossary Of Personal Injury Legal Terms

A Glossary Of Personal Injury Legal TermsWhen you decide to pursue a personal injury claim, settlement, or even a lawsuit, legal terminology can be very confusing. Since only people in legal fields use these terms, sometimes all of the legal jargon can run right over your head. So to really understand the process you need to learn some important legal terms and their definitions. That way when you are in negotiations or even at trial, you can follow along confidently and make sure that no one is taking advantage of you. At All Injuries Law Firm we want our clients to feel empowered during the legal process, so we’ve put together a brief guide to some of the basic you will run into during a personal injury case.

Affidavit: A formal statement written under oath submitted to the court as evidence. Affidavits can come from witnesses, experts, or the plaintiff or defendant.

Answer: The defendant’s response to the allegations within a claim filed with the court.

Appeal: A challenge to the ruling on... ...read full post

What You Should Know About The Disney Gator Attack

What You Should Know About The Disney Gator AttackThere has sadly been a lot of tragic events happening around Florida in the past few weeks including the alligator attack at Disney. It is scary for any parent to imagine losing their child or having them harmed by a wild animal. Unfortunately, this has become a reality for the parents of Lane Graves.

What Is The Disney Gator Attack?

A 2 year old toddler by the name of Lane Graves had been pulled into a lagoon near a Walt Disney World hotel by an alligator after he had be wading along the lake’s edge. His father and mother, who were at the scene, attempted to save their child by jumping into the water and trying to pry open the mouth of the gator. Sadly, their attempts were too late as the alligator had already pulled the child far enough to drown him.

An Unusual Situation

While those who might not live in the area might believe alligator attacks are a common occurrence, they are actually incredibly rare. Most alligators prefer to flee areas where humans are located... ...read full post

What You Need To Know About Youth Sports Injuries

What You Need To Know About Youth Sports InjuriesSports are a great activity for kids. They help promote physical health and well being, foster healthy competition, and encourage teamwork and social skills. Plus, sports can be a fun, beneficial way for kids to spend their free time. However sports are not always safe, so what happens if your child has been injured playing sports? We’ve put together a basic guide to help parents understand what to do if their child is ever injured.

Youth Sports Injury: A Serious Risk

Every year around 1.35 million children go to the emergency room for a sports-related injury and one in every five doctor’s visits were related to sports injuries for children between 6 and 19. The most common injuries include:

Muscle strains and sprains
Bone fractures
Contusions
Abrasions
Concussions
Lacerations
Dislocations
Dehydration


The most common sport that caused injuries was football, followed closely behind by basketball, soccer, and baseball. These sports are not necessarily more high risk, they tend to have more players nationwide so there is more exposure. However low contact sports like golf... ...read full post

What Is An Intentional Tort?

What Is An Intentional Tort?A tort is defined as a wrongful act that causes an injury. A tort can be the result of either negligent acts or intentional acts. An intentional tort is when a person, business, or organization intentionally caused the injury. Intentional torts usually require legal action to ensure the perpetrator is punished and the victim is compensated for their injury.

Types of Intentional Torts

There are several actions that can qualify as an intentional tort. Here are some examples of the most common types of intentional torts:

Assault: Assault is a threat or an attempt to injure another person.
Battery: Battery is hitting someone. Battery includes everything from punching or slapping a person to throwing projectiles to even shooting someone.
Wrongful death: Wrongful death is when the actions of one person cause the death of another.
Infliction of emotional distress: Infliction of emotional distress is when a person has used extreme behavior to scare or threaten another person.
Defamation of character: Defamation of character is when one person tells a damaging lie about another person.
Invasion of privacy: Invasion of... ...read full post

The Basics Of Structured Settlements

The Basics Of Structured SettlementsIf you’ve been injured in an accident or as the result of negligence, many times insurance companies and businesses will settle with you out of court. One of the most common types of settlements is a structured settlement. A structured settlement is a payment schedule offered to the injured party as compensation. However, before you accept a structured settlement you should understand the basics.

What Is A Structured Settlement?

A structured settlement is an agreement reached between the injured party and the responsible party. A structured settlement is a series of regular payments paid over the course of several years or in catastrophic injury cases, potentially the rest of the life of the injured. These payments are usually made through a contract that sets up an annuity policy for the injured.

What Are The Benefits Of A Structured Settlement?

There are several benefits to accepting a structured settlement in an injury case. These benefits include:

Most structured settlements are tax free under U.S. Tax Code
The final amount of a structured settlement is usually more than a lump sum offer so... ...read full post

Understanding Premises Liability

Understanding Premises LiabilityIf you own any property, whether it is private property or property related to a business, you are liable for the safety of anyone on that property. This liability is known as premises liability. If you are not aware of your premises liability, you can put yourself at financial risk if someone is injured on your property. So if you own property or are considering purchasing property it is crucial you understand the basics or premises liability.

Your Responsibilities As A Property Owner

You have responsibilities as a property owner, whether you own private or public property. The most important responsibility is that you need to take reasonable care of your property. This is commonly referred to as “duty of care.” Duty of care basically means that you need to take care of your property to minimize any potential risks. In Florida, duty of care is predicated on whether or not any harm was foreseeable. This means that any harm was could be foreseen by the property owner. For example, if a property owner knew that their... ...read full post

Workers’ Compensation And Temporary Employees

Workers’ Compensation And Temporary EmployeesThere are currently around 4 million people working as temporary employees in the United States. That number is expected to grow as two in five companies will look to employ temporary staff this year. With so many temporary employees, it’s important to understand how workers’ compensation applies to temporary staffing so that both employees and employers are protected.

Do Temporary Employees Qualify For Workers’ Compensation?

Yes, temporary employees do qualify for workers’ compensation under both Florida state and national law. Temporary employees are considered to have a “joint employer,” which is a way of describing the relationship between the placement agency and the client company that has hired them temporarily. Typically the responsibility of carrying workers’ compensation falls to the placement agency. However, client companies can still be sued under their general liability coverage in the case of accident injuries, cumulative trauma, and occupational illness. Ultimately both joint employers could be responsible for compensating an injured employee.

Protections For Employers

If you are an employer staffing temporary employees, you need to make sure you are protected against excess liability. ... ...read full post

What To Do When Your Workers’ Compensation Claim Has Been Denied

What To Do When Your Workers’ Compensation Claim Has Been DeniedWhen you’ve been injured at work, regardless whether it was an accident-related injury, a cumulative trauma from physical stress or strain, or even an occupational disease, you are entitled to workers’ compensation. However, your employer or their insurance company may deny your claim leaving you to foot the bill for expensive medical treatments of long term disability. So what do you do when your claim has been denied?

Reasons A Worker’s Compensation Claim Could Be Denied

There are several factors employers and their insurance companies consider when investigating a claim. Many of factor things can lead to your claim being denied. The most common reasons a claim can be denied are:

The claim was not reported in the required time frame
Your employer may dispute the connection between your work and your injury or illness
Your insurance company or employer may not believe your injury is serious
There are discrepancies between your claim and your medical bills
There were no witnesses to your accident
You did not sign the proper authorization forms
You filed... ...read full post

What Is A Class Action Lawsuit?

What Is A Class Action Lawsuit?You hear about them routinely on the news. You may have even recently been invited to join a class action lawsuit after purchasing a product or service. This may leave you wondering some pretty important questions like: What is a class action lawsuit? How can it help people? What are the benefits of joining a class action suit? So we’ve put together a simple guide so you can understand what exactly is a class action lawsuit and how it can help you.

What Is The Difference Between A Class Action Suit And A Regular Lawsuit?

Class action lawsuits, like regular lawsuits are pursued when a person has been injured by a defective consumer product or service. The key difference between a class action lawsuit and a regular lawsuit is the number of plaintiffs. In class action lawsuits, several people have been injured in the same or similar ways by the same product, so they work together to get compensation for their claim.

Types Of Class Action Lawsuits

Typically, class action lawsuits are filed against a company... ...read full post

Bicycle Safety Tips For National Bicycle Awareness Month

Bicycle Safety Tips For National Bicycle Awareness MonthIt is National Awareness Bicycle Month, so in honor we’ve put together some great tips for bicycle safety. These tips are for both bicyclists and drivers sharing the roads with bicycles, so everyone can avoid unnecessary accidents.

History Of National Bicycle Awareness Month

National Bicycle Awareness Month was started in 1956 by the League of American Bicyclists. The idea was to promote healthy exercise by encouraging people to ride bikes. In more recent years, National Bicycle Awareness Month campaigns have focused on bicycle safety. In recognition of National Bicycle Awareness Month, Florida has an initiative called “Bike To Work” where all Florida residents are encouraged to ride their bicycles to work for one week. There are also several events sponsored throughout the state in local communities to encourage bicycle riding and promote safety awareness.

Benefits Of Riding A Bicycle

There are so many benefits to bicycle riding that everyone should consider adding this form of transportation to their commute:

Bicycling helps increase cardiovascular health, improves muscle strength, joint mobility, and bones, and decreases body... ...read full post

Understanding How The Jones Act Protects You

Understanding How The Jones Act Protects You Florida is peninsula surrounded on three sides by the ocean. So a big part of the Florida economy is maritime employment. With a $9.6 billion industry, Florida ranks second in the nation for maritime employment in the country. It is estimated that Florida employees 52,140 maritime workers. With so many people working in the maritime economy it is critical that Floridians understand the importance of The Jones Act and how it protects them.

What Is The Jones Act?

The Jones Act, also known as the Merchant Marine Act of 1920, is a federal law that regulates maritime commerce and protects maritime workers. The law states that if a maritime employee is injured either at port or at sea, they are allowed the same legal protections as if they were on land. These protections include seeking compensation for any injuries sustained while working from either the employer, the shipowner, or even other crew members. The Jones Act also established liability for the shipowner if the shipowner or the crew have created unsafe... ...read full post

What To Do If You Fall In A Store

What To Do If You Fall In A StoreBusinesses are legally obligated to keep their customers safe. Regardless if you fall at a big box store or at a small, local company, you may have a valid claim against the store. So if you’ve experienced a fall at a store, it is important to know what to do.

What Is A “Slip And Fall” Injury?

A slip and fall injury occurs when a person slips, trips, and falls on someone else’s property. Slip and falls can cause a range of serious injuries including:

Head injuries, concussions, and traumatic brain injuries
Neck, back, and spinal cords injuries
Broken hips and pelvis
Soft tissues injuries like sprains and strains
Joint injuries like tears and displacements
Broken bones


These injuries can cause severe pain, require surgery, and even create a long term disability. So it is important that the injured party receives compensation for their medical treatments and wage losses, so they can recover.

Common “Slip And Fall” Store Injuries

Slip and fall accidents can be caused by a number of factors. A person may slip inside of a... ...read full post

PIP Requirements Challenged In Florida

PIP Requirements Challenged In FloridaState officials are ramping up their investigation into whether requiring no-fault insurance, otherwise known as personal injury protection (PIP), has benefitted the state of Florida. The $125,000 study is due on September 2, 2016 and could have far reaching consequences to Florida residents, insurance providers, and local legislators.

Why Is PIP Required?

In 2012, the State of Florida passed HR 119, requiring all auto owners to carry PIP insurance in hopes of reducing an estimated one billion dollars in insurance fraud. The intent was to reduce the cost of fraud to insurance companies in the hopes they would pass the savings onto customers. The law requires all Florida drivers to carry up a minimum of $10,000 in PIP coverage. PIP coverages makes individuals responsible for the cost of their injuries regardless of fault, rather than establishing fault in the courts. The law was also supposed to reduce the payment delay for injured drivers and reduce long term medical costs by ensuring immediate care.

Opposition To PIP Requirements

Many drivers and legislators are unhappy with the PIP requirements. The biggest... ...read full post

Abuse And Neglect In Nursing Homes

Abuse And Neglect In Nursing HomesWith so many people moving to sunny Florida after they retire, Florida has the highest number of elderly people of any state in the United States. In fact 17.6% of the population of Florida, or 2,808,000 people, are elderly. Of these people 73,000 of them live in the 683 registered nursing homes. As the years progress, many more of Florida’s elderly population will seek residence in these care facilities. While others may elect for short term stays while recovering from an illness or surgery. Meaning many of Florida’s large elderly population will live in a nursing home at some point.

Nursing Home Elder Abuse And Neglect By The Numbers

We trust these care facilities to provide the best quality of care for our seniors. Unfortunately, elder abuse and neglect is a very serious issue in nursing homes. A national study showed that 44% of residents in nursing homes have experienced abuse, while a shocking 95% of residents have experienced or witnessed neglect. These statistics are even more upsetting when coupled with the pain and... ...read full post

How To Create A Workplace Safety Program

 How To Create A Workplace Safety ProgramIf you are a new or a small business, you may not have a workplace safety program in place. However, since a worker’s compensation claim can be devastating to a small business it is important that you put together a comprehensive safety program so your workers know how to stay safe and healthy on the job. Here are some tips on how to create a great worker’s safety program:

Decide What Needs To Be Included In The Training

Luckily there are many resources for deciding what kind of safety procedures are needed for your office. The best place to start is at the Occupational Safety & Health Administration (OSHA). OSHA has guidelines that all companies can use to ensure their workplace is safe and healthy for their employees. You can also speak with your insurance provider and see what kind of recommendations they make to help you manage your risk and lower the cost of your insurance.

10 General Safety Rules

Depending on the nature of your business there are a variety targeted... ...read full post

Preparing For Your Meeting With A Personal Injury Lawyer

Preparing For Your Meeting With A Personal Injury LawyerWhen you’ve been injured in an accident that wasn’t your fault, you’ll likely decide that it’s worth taking some time to look into whether or not you can receive financial compensation for your injuries. No matter the type of injury or the severity of it, the entire process will begin with a consultation visit with your attorney. There are several steps you should keep in mind that will help you get the most from this initial consultation, and going into it prepared will help them get the clearest idea about what your case involves and how they can help you.

With that in mind, let’s look at some of the key steps you need to take when preparing to meet a personal injury lawyer.

Start by finding the right one. Do some research and identify an attorney that is skilled, experienced, and that has a history of handling your type of injury case.
Gather your personal information. In general, all you’ll need is your driver’s license but if you have additional information that will... ...read full post

Personal Injuries And Amusement Parks

Personal Injuries And Amusement Parks For most people, Florida is the capital of Amusement parks. After all, the state is home to a huge number of amusement parks from Universal Studios to Busch Gardens, there are plenty of places to have fun in Florida. But sometimes, accidents occur and injuries that happen in an amusement park range from minor to very severe.

When someone is injured in an amusement park, it’s often confusing as to just who is to blame or whether or not litigation can be pursued. As such, talking to a personal injury lawyer is always the best course of action. However, taking the time to learn just a bit about how personal injury cases relate to amusement parks can help you have a clearer idea about what to expect when you contact a lawyer and begin the process of seeking compensation for your injuries.

When Do You Have A Case?

The first thing to understand is simply whether or not you have the right to pursue legal action to gain financial compensation for your injuries. First of all, amusement parks do have reasonable... ...read full post

How Far Can I Go With Punitive Damages?

How Far Can I Go With Punitive Damages?Sometimes the unthinkable happens, and a terrible incident, possibly even involving death, can occur through no fault of your own. When you are victimized by an incredible injury or tragic loss of life, that is a traumatic enough experience as it is. But if it comes out that the loss could have been easily prevented had someone else been more responsible—or in some cases, less malicious—then simply going to court to sue for negligence may not be enough. In such cases, a person may want something more extreme, and in the eyes of the law, that extreme response is known as punitive damages.

What Are Punitive Damages?

As the name implies, punitive damages are a specific form of lawsuit that go above and beyond just trying to get the financial compensation you may be due, and is instead focused on financially “punishing” the responsible party with an extreme amount of money. It is intended to make the offending party an “object lesson” and send a message to others about the consequences of irresponsible action.

In other words, punitive damages... ...read full post