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The Main Things You Need To Look For In A Personal Injury Lawyer

 The Main Things You Need To Look For In A Personal Injury LawyerAfter an accident, the recovery process can take a tremendous amount of time and energy. While your physical recovery is always the top priority, the financial impact that an accident can have on your life is undeniable as well and needs to be considered.

In order to make a full financial recovery, you’ll need the right people on your side. A good Florida personal injury lawyer is one of the most important allies to enlist the help of. When you have an attorney working with you, you’ll be able to get better results and get them faster. This means no more being pushed around by the other side – you get respect and get the compensation you deserve.

However, before you file a personal injury lawsuit it is important that you find the right personal injury lawyer. Here are some of the main things that you will want to consider when choosing yours.

• Experience – While every attorney has to start their career somewhere, do you really want a fledgling lawyer handling your case? It’s always better... ...read full post

Proving Fault In A Boating Accident: What You Should Know

 Proving Fault in a Boating Accident: What You Should KnowFlorida is popular for its beautiful waterways and lovely weather that are perfect for boating. However, boating accidents are also common.

In this post, we’ll share with you the basics of proving fault in a boating accident.

Reporting a Boat Accident in Florida

Here in Florida, boating accidents that meet the following situations and requirements can be reported:

● A person dies

● A person is missing, suggesting that they may have been injured or have died

● A person suffered injuries that required more than simple first aid

● At least $2,000 worth of property and assets have been damaged

● The boat was completely damaged

The Most Common Types of Boating Accidents

A lot of boating accidents that occur in Florida are not due to natural causes such as bad weather. Most are caused by human fault. The most commonly reported accidents are the following:

● Crashes between boats - Florida is surrounded by water: the ocean, rivers, and lagoons. Naturally, boating is one of the top activities that both locals and tourists enjoy in the state. As a result, however, Florida’s waterways can become quite crowded, especially during the summer and areas like... ...read full post

5 Things To Do When A Dog Bites Or Attacks Your Child

5 Things to Do When a Dog Bites or Attacks Your ChildIf your child is injured by a dog, you might feel worried and at the same time, angry. Indeed, it is a difficult and frustrating situation to go through. Fortunately, you can fight to get compensation for the injury and damage inflicted upon your child. For your claim to be successful, you need to learn a few things.

First, you must know that Florida’s dog bite laws have two main aspects: liability and negligence. Strict liability claims point to the owner as responsible for injuries inflicted by their dog whether in a public place or their own property. Meanwhile, a negligence claim states that the owner can be held responsible when the dog caused injuries while the owner’s duty of care has been neglected.

Furthermore, you should also keep in mind that Florida’s dog bite laws also follow the rules of comparative negligence. This means that if the injured was somehow responsible for the incident, compensation may be reduced. For instance, if the victim entered the dog owner’s property and accidentally stepped on the dog’s tail, prompting it to bite, then the victim... ...read full post

What You Need To Know About A Personal Injury Case Going To Trial

What You Need To Know About A Personal Injury Case Going To TrialWhen you’re hurt in an accident, it’s not always easy to make a full recovery. This may not be entirely due to your physical health, either – often, the financial damage is just as serious as the physical. Because of this, filing a personal injury lawsuit is often required for those who are seeking compensation.

Under Florida law, those who are hurt by the reckless or negligent actions of someone else will have the right to file a personal injury lawsuit to get what they’re owed. While many may decide to try to simply file an insurance claim, this isn’t always effective and many insurance companies will fight to avoid paying out a dollar more than they need to.

One of the biggest questions from those who are hurt is whether or not their case will end up having to go to trial. There’s no way to know for sure, but there are several factors to keep in mind here.

• When you’re trying to pursue compensation on your own, the odds are against you from the beginning. The reason comes... ...read full post

What To Do After A Slip And Fall Injury

What To Do After A Slip And Fall InjuryOf all the various injuries that you can suffer, some of the most frustrating are property related injuries like slip and fall accidents. This is because you’ll often struggle more to prove fault and get compensation than in a case involving auto accidents. While the laws are similar, proving fault and getting what you’re owed will require all of the skills and guidance of a professional slip and fall lawyer.

Knowing just what to do and what to expect after a slip and fall accident is important as well, and can have a big impact on how your case ends up progressing and ending.

The Big Challenge Of Slip And Fall Cases

The biggest challenge with slip and fall cases comes from proving recklessness and negligence in the case. Under Florida law, those seeking compensation for their injuries must be able to show that the other side acted in a reckless or negligent manner and that those actions were the cause of the accident – and the injuries sustained therein.

In an auto accident, factors like drunk driving or texting while driving are... ...read full post

Trial Or Settlement When It Comes To Your Injury Case?

Trial or Settlement When it Comes To Your Injury Case? When you’re hurt in an accident, it can quickly throw your life into turmoil. Injuries can quickly leave you struggling to make a physical recovery, and your finances can take a server hit as well. Because of this, most will need to turn to a personal injury lawyer to file a lawsuit and get the help that they need.

If you’re hurt in an accident that was caused by the recklessness or negligence of someone else, Florida law allows you to seek financial compensation for those injuries by filing a lawsuit or an insurance claim – depending on the situation.

But when you begin filing your personal injury lawsuit, one of the first things that you’ll encounter is whether or not your case will end up going to trial or will be settled out of court. In many instances, settlements will be the preferred outcome. But, it’s important to note some factors that can play a role here.

Settlements

A settlement is just what it sounds like – you and the other side agree to a sum that is awarded to... ...read full post

Things To Know About Pedestrian Accidents In Florida

Things To Know About Pedestrian Accidents In FloridaPeople go for walks all across the country. They utilize their feet to travel to work, school, and countless other places. Even right here in Florida, more and more folks are changing their lifestyles and walking from here to there. Who can blame them? Gas prices are high, and filling up can cause anyone to cringe. Then again, green movements are everywhere, and a lot of people are choosing to walk to do their part for the environment.

Plus, Sunshine State residents usually have exceptional weather year-round. As such, they can go for a jog, brisk walk, or run to exercise and stay in shape. Not to mention, the area is a tourist hot spot. That means people are out and about at all times of the day and night. They are walking to amusement parks, beaches, and more. Of course, there are also plenty of cars on the roadways. A report from Statista says that 7,407,238 licensed male drivers and 7,669,120 female drivers in Florida as of 2017.

As such, pedestrians and motorists have to remain aware of their surroundings. If they fail to... ...read full post

Should You Hire A Personal Injury Attorney After A Dog Bite?



Should You Hire A Personal Injury Attorney After A Dog Bite ?Many times, dog bites are nothing more than tiny nips that don't cause any damage. While they are unpleasant, they don't always lead to a person needing medical attention. However, on other occasions, the events result in the bitten individual requiring numerous surgeries, medications, and doctors appointments to recover fully. Not to mention, persons may need hours upon hours of therapy to move forward with their lives. 



Some incidents even produce worse outcomes. How? Well, it is possible for folks that experience canine attacks to depart this world. According to the Centers for Disease Control and Prevention, approximately 16 people die each year from such assaults. In many instances, children are the victims, but teens, adults, and the elderly can be involved as well.

More Stats That Show How Dangerous Dog Bites Really Are



The same CDC study reveals that about 4.5 million people sustain dog bites in the United States each year. Plus, around 885,000 individuals require medical attention for the inflictions. Meanwhile, research by dogbite.org indicates that 9,500 citizens are hospitalized annually due to the injuries. Florida... ...read full post

Is It Safe To Ride A Bicycle From Point A To Point B In Florida?

Is It Safe To Ride A Bicycle From Point A To Point B In Florida?All sorts of people ride bikes across the country. Kids play on them in culdesacs. They jump ramps and perform tricks in backyards and at parks too. Of course, some teens and adults do the same things. Plus, many individuals utilize these modes of transportation to go back and forth to school or work. Not to mention, plenty of folks simply ride their bicycles for a cardio workout. The venture assists them in shedding excess weight, building muscle, and improving stamina.

Additionally, many people choose to travel in this manner as it saves them some money. How? Well, it is pretty expensive to own a car as there are insurance, gas, and maintenance costs. Riding a bike from one place to the next eliminates a lot of those fees. Plus, the endeavor can assist persons who are going green. It allows them to do their part to save the Earth.

Unfortunately, Bicycle Riding Can Be Dangerous Too

Cyclists are not the only people on the Florida roadways. Rather, motorcyclists, truck drivers, and passenger vehicle operators are on the... ...read full post

How Long Should It Take To Get Your Money After An Accident?

How Long Should It Take To Get Your Money After An Accident? When you’re hurt in an accident of any kind, it can be difficult to know just what to do. Your physical recovery is always of paramount importance, but once you’re healing what will become of your finances? An accident can cause serious financial difficulty and knowing the options you have in front of you is important.

For many, filing an insurance claim and getting a settlement is the first step. Often, this may need to be followed by a personal injury lawsuit. In either case, knowing what to expect and how long it may take to get your money is important. It’s also an issue that’s not easily answered since every case is different.

Settlements

Settlements are the natural progression in most accidents. After being injured, those involved will file a claim with the appropriate insurance company. This may mean a worker’s compensation claim, an auto accident claim, or something else. Regardless, filing the claim is the first step.

In a perfect world, it will only take a few days to get your funds. But this isn’t always the case, for... ...read full post

Could This Problem Be In Your Future?

Could This Problem Be In Your Future?People can sustain injuries in many different ways. They can slip and fall while shopping at a store or mall. It is possible for individuals to get hurt on the job as well. Heck, a person can even become wounded after visiting a friend's house and getting bitten by his or her dog. Of course, one cannot forget about auto accidents either.

Many, many drivers call Florida home. There are teen and adult operators alike. All it takes is for an individual to lose their train of thought for a mere second for the lives of people to be changed forever. No two crashes are the same. As such, damages will vary from one event to the next. However, some common wounds associated with these incidents include…

• Fractures, Broken Bones, And Lacerations
• Burns
• Traumatic Brain, Neck, And Spinal Injuries
• Loss Of Limbs

Victims May Be Able To Obtain Compensation For Their Damages

When a motorist acts negligently or recklessly, and the driver or passengers in another car become injured, those people might be entitled to a reasonable monetary settlement. Going it alone can prove to be a recipe for... ...read full post

Understanding The Types Of Damages For Personal Injury Claims

Understanding The Types Of Damages For Personal Injury ClaimsWhen you decide to pursue a personal injury claim, you will quickly be faced with a lot of legal jargon. Most of it, your attorney will handle but there are some key terms you should know. However, what you really need to know about are your damages. Damages is the legal term for the costs incurred by your accident. Damages include both tangible things like the cost of your medical bills and intangible things like how much the injury hurts. Here is a guide to the types of damages that can be awarded as part of your personal injury settlement.
Types Of Compensatory Damages
Compensatory damages are essentially damages that are direct and can be totaled. These include tangible costs such as:

● Medical Bills: Medical bills are pretty straightforward. They include the costs of all your medical care and treatment. Medical bills include everything from doctor’s visits to prescription medicine to in-home healthcare. They can also include the immediate medical bills as well as the medical bills you will face in the future as a result of your injuries.

● Loss Of Earnings: Injuries... ...read full post

Three Reasons You Need A Personal Injury Attorney After A TBI

Three Reasons You Need A Personal Injury Attorney After A TBITraumatic Brain Injuries (TBIs) are not always apparent, but they are one of the most debilitating injuries a person can sustain. They can cause severe pain and suffering, negatively impact your mobility, and cause a number of psychological issues. TBIs are very difficult and expensive to treat and often require a lifetime of care. If you’ve incurred a TBI as a result of someone else’s action, you need to speak with a personal injury attorney immediately. Here are the three primary reasons why:

Even Mild TBI Can Be Life-Altering

The worst part about TBI is that it is extremely difficult to diagnose. After a TBI, physicians look for an immediate threat to your life. So they focus on severe symptoms like loss of consciousness, loss of motor function, or your reaction time to stimulation. They will send you for a range of diagnostic testing to look for severe signs like swelling, bleeding, and other obvious physical damage. They will then grade your illness. What’s important to remember is even when graded as mild you can still have:

● Blurred vision
● Depression, anxiety, and mood swings
● Headaches
● Personality changes
● Insomnia... ...read full post

How Long Does It Take To Settle A Personal Injury Claim?

How Long Does It Take To Settle A Personal Injury Claim?When you’ve been practicing personal injury law as long as we have, you find that people have the same concerns about their case. They worry if the settlement will be enough to cover all their expenses. They are afraid about the financial security of their family into the future. Mostly though, they are worried that the debt collectors will come before they get their settlement and they will lose everything they’ve built. This is a valid concern as insurance companies will do everything they can to drag out the process, hoping to hit the statute of limitations so they don’t have to pay.

Don’t Be Tempted By Quick Settlements

The financial pressure can build, making it very tempting to take a quick settlement from the insurance company. The problem is though, once you accept a settlement offer, you can’t get more money. That means if you settle for $10,000, and your doctor discovers your injuries are worse than they originally thought and now you need a $50,000 surgery, you are on your own to pay that bill. Insurance companies understand... ...read full post

How Bad Is A Slip And Fall Injury?

How Bad Is A Slip And Fall Injury?When people hear the term “slip and fall” they just simply imagine someone slipping on a wet floor, stumbling, and falling to the ground. It doesn’t seem that it sounds that bad right? So why are there slip and fall accident claims? The reality is, most slip and fall accidents are not a big deal and may just leave you a little sore in the morning. However, there are also slip and falls that can cause life-long debilitating injuries.

Severe Slip And Fall Injuries

Some slip and fall injuries can be so severe they can lead to surgery, physical therapy, and even paralysis. Here are some of the worst injuries that can occur from a slip and fall:

Shoulder Injuries: Your shoulder is full of nerves, so a shoulder injury can be extremely painful. This is amplified by how often we use our shoulders to do simple activities like taking food out of the fridge or typing a document for work. Shoulder injuries most often happen when a person can’t catch themselves during a fall. The simple physics of a fall makes people often hit the ground... ...read full post

Drivers Must Remain On The Lookout For Cyclists And Pedestrians Or Crashes Will Likely Follow

Drivers Must Remain On The Lookout For Cyclists And Pedestrians Or Crashes Will Likely FollowEverybody is looking for ways to save money these days, and who can blame them? Folks seem to be working more hours than ever before, and if they are lucky, they might have a few minutes out of each day to spend with their significant others or children. Owning a vehicle is one thing that can throw a wrench into a Floridian's budget. How? Well, first of all, there is the initial cost of the car, truck, or SUV.

The price of these products continues to climb each year as new safety features, technology, gadgets, and gizmos are added. Plus, owners must purchase a pricey insurance policy too. When a lender is part of the equation, it must be full coverage, which means the cost can skyrocket in a hurry. Of course, nobody can forget about filling up the vehicle's fuel tank either. After all, according to gasprices.aaa.com, as of 8/22/2019, a single gallon of regular unleaded runs $2.39 here.

While not the highest price in the country, topping off the tank is still enough to make a person... ...read full post

Be Wary Of The Tires On These Motorhomes Before Heading Off On Your Big Trip

 Be Wary Of The Tires On These Motorhomes Before Heading Off On Your Big TripSome families enjoy going camping or traveling all across the country to take in the sights, and they often like to do so in style. In other words, they don't pack the mini-van down with luggage and try to fit six people inside. Instead, persons go out and buy a motorhome to ensure that they have enough room for everyone and belongings. Plus, whenever the group gets where they are going, there is no need for them to rent a hotel as they already have a place to stay. 


Heck, some folks even use the recreational vehicles when they attend music festivals like Burning Man or Coachella. The units are a perfect choice for Floridians going out of town for Mardi Gras in New Orleans too. These examples just go to show that motorhomes can be used for a lot of different activities, ones that are both family-friendly and adult-oriented. 



Many of the models are big and hard to steer though. The driver can run into complications when attempting to turn into a driveway or make a... ...read full post

A Seat Belt Issue That Could Put Front Occupants In Harm's Way

A Seat Belt Issue That Could Put Front Occupants In Harm's WayCars, trucks, and SUVs are just like any other product on the market. By the time that they hit the marketplace, the vehicles are supposed to be safe for consumers to use. Of course, anyone in the United States knows that is not always the case. People have heard at least a little something about recalls associated with everything from airbags to seat belts, and more, over the years. Unfortunately, the stories don't usually come with happy, heart-felt endings.



Rather, the incidents often lead to crashes and injuries. Auto collisions are anything but forgiving. They are not fun, and nobody wants to be involved in them. However, sometimes, things happen, and the event is inevitable. Maybe an operator was speeding, not paying enough attention, or driving while intoxicated. Regardless of the reason the wreck, if the wounds that a person sustained were caused by a faulty part, the manufacturer should be held accountable for the damages.

Manufacturer's liability is a legal doctrine that holds manufacturers and sellers accountable for the harm caused by defective products sold on the marketplace. In other words,... ...read full post

Why You Should Always Seek Medical Care After An Automobile Accident

Why You Should Always Seek Medical Care After An Automobile AccidentAfter an accident, it is vital you understand how a body reacts even to the most minor injuries. Your body is not meant to endure the kind of impact even a minor accident can cause. Since most people rarely see the impact coming they cannot brace and prepare themselves for impact. What many people are unaware of is that the body responds to the trauma by releasing chemicals in the body to mask pain and injury symptoms. Some of these injuries include:

● Head Injuries: Without proper diagnosis, a head injury can lead to a mild traumatic brain injury (TBI). The symptoms include: nausea, vomiting, headaches and can affect the person mentally and emotionally. Without treatment, it can worsen. TBIs can impact both your cognitive and physical abilities. Over time, these injuries often lead to people no longer being able to work and live their normal lives.

● Neck And Back Injuries: Damage to the muscle groups in the neck is commonly known as whiplash. The pain from whiplash is not often apparent until later in the day or the day following the accident. Symptoms such... ...read full post

Why You Need A Personal Injury Attorney After A Florida Auto Accident

Why You Need A Personal Injury Attorney After A Florida Auto AccidentEach year, the state of Florida averages 650 crashes per day. Most crashes are caused by intoxication, speeding, texting, and distracted motorists. If you are a victim of this statistic, it can be difficult for you to wade through the legal aftermath of an accident, especially if you are also dealing with your injuries and emotional trauma.

What Can A Personal Injury Lawyer Do For You After An Accident

People often make fun of personal injury attorneys, calling them “sharks” or “ambulance chasers,” but that is because many individuals do not understand what all personal injury attorneys do and have never had to use their services. For example, the attorneys at All Injuries Law Firm know every Florida car accident law and how it affects your case. They will know the proper county and court in which to file. We even know which counties will likely offer better jury awards and can determine how likely it will be that your case will go to court.

Reasons To Hire A Personal Injury Attorney

You may be thinking that... ...read full post

What To Do If You Are An Injured Passenger In An Accident

What To Do If You Are An Injured Passenger In An AccidentBeing an injured passenger can be frustrating and leave you feeling helpless since you were completely innocent in the accident. After an accident, you can be facing injuries, lost wages, and unexpected expenses. If you are injured in an accident as a passenger, you have the right to receive compensation to help with these costs. To get started, there are some steps you need to take following the accident.

Steps To Take As An Injured Passenger

If you are a passenger in a motor vehicle accident, you need to do the following:

● Seek medical attention within 72 hours
● Write down all the details of the accident while you still remember them
● Obtain a copy of the police report
● Get the contact and insurance information from all drivers involved
● Get the contact information of any witnesses
● Do not discuss accident details or injuries with other drivers
● Do not give a recorded statement to another person’s insurance company before speaking with a lawyer
● Do not post anything on social media about your accident, injuries or potential case
● Contact a personal injury attorney

From there, your attorney will take over and... ...read full post

This Stall Issue Can Lead To Accidents And Injuries

This Stall Issue Can Lead To Accidents And InjuriesIt can be quite scary when a person's vehicle gets a flat tire or stalls out on a roadway. Motorists, even those here in Florida, are not always the kindest or most sensitive people. They want to get where they are going as fast as possible with no delays. Then, if someone breaks down in the middle of an Interstate or side street, it is not uncommon for other vehicle operators to speed past them without a care in the world. Heck, the drivers may even honk their horns, yell out the window, or give the person an unflattering hand gesture.

However, things happen, for whatever reason, and drivers are not always able to steer their cars to a safe location. Even with the most rigorous maintenance routine, parts and pieces can malfunction from time to time. If such problems occur out on the open road, and another motorist isn't paying attention, they could easily rear-end or T-bone the broken down auto. Car collisions are not particularly kind and gentle. Rather, they usually leave drivers and passengers alike with wounds such... ...read full post

Protect Your Legal Rights After A Traumatic Brain Injury

Protect Your Legal Rights After A Traumatic Brain InjuryEvery year in the United States, 1.7 million American suffer a traumatic brain injury (TBI) according to the Center for Disease Control. Over half of these are sustained from auto accidents. TBI is a life-changing disease and can create serious hardship for the victim. If the accident is the result of another’s negligence, that victim is legally owed compensation to help pay for those hardships.

Common Damages Incurred From TBI

As TBI can impact every area of your life, there are often multiple areas of damages. Some of the most common include:

● Medical expenses incurred
● Lost income, both current and future
● Physical and emotional pain
● Lost quality of life

These can all be very expensive damages and require full compensation to overcome.

How A Car Accident Can Cause Traumatic Brain Injury

Trauma to the brain occurs in auto accidents when the moving head comes to a quick stop and the brain continues moving and striking the interior of the skull. This can be a result of the head striking the steering wheel or windshield. There may not be any open wounds but the injury can occur. Another form of trauma... ...read full post

How Dangerous Is It To Be A Pedestrian Today?

How Dangerous Is It To Be A Pedestrian Today?Florida is a major tourist destination. People from all around come here to hit the beaches, visit amusement parks, and more. That means that plenty of guests can be found walking around from place to place at any given time. Of course, tourists are not the only persons out and about. Many Floridians choose to walk from one destination to the next for lots of different reasons too.

Some residents do so to accommodate their green lifestyles. After all, every little bit helps when it comes to saving the Earth. Others use their feet to go places as it is a great way for them to break a sweat and get in some much-needed exercise. In this case, every little bit helps when it comes to losing weight and getting into shape. However, pedestrians must be on the lookout for potential dangers while they are heading to various locations. Why? Well, distracted, drowsy, and intoxicated driving are significant issues that take place in the modern world daily.

If a car strikes a pedestrian, the outcome is typically not good. Skin, bones, and body parts... ...read full post

Common Injuries Associated With Slip And Fall Accidents

Common Injuries Associated With Slip And Fall AccidentsTrips, slips, and falls happen more often today than one might think. According to research by the National Safety Council, approximately 9.2 million people sought treatment in emergency rooms for fall-related injuries in 2016. They can have short or long term effects on the individual. These events can occur at home, work, or somebody else's property, and unfortunately, sometimes, they lead to death as well.

If the issue happens at a place of business or at someone else's house, the injured party may be able to recover compensation for their damages. However, they must prove that the organization or individual was negligent in some way. For instance, perhaps there was liquid on the floor at a grocery store without a caution sign being present, or maybe a workplace had wires strung out across the floor instead of being installed properly. Then again, there could be a hole in a homeowner's yard that they neglected to fill in or tell anybody about.

The bottom line is that a lot of different things can cause slips, trips, and falls. Proving that the other party is... ...read full post

The Sode Case And The Limits On Discovery

The Sode Case And The Limits On DiscoveryDiscovery is an essential process in any legal case. During the discovery period, both plaintiffs and defendants have the right to investigate the incident in question and learn about the evidence, witnesses, and experts that the other side lines up to present their case. This is to make sure neither side gets ambushed during the trial by evidence they aren’t prepared for. After all, it can be hard to explain something suspicious when you’re on the spot, even if you have a good explanation.

Another reason why thorough discovery is important is because it encourages both sides to settle. When both sides know all the facts of a case, it’s often easy to see who has the better argument. That’s why it’s rare for a case to go to trial unless one side is being especially stubborn or the case is genuinely ambiguous.

Discovery’s Limits

Discovery is supposed to be thorough because it’s hard to know what’s relevant until you have all the information. However, you aren’t allowed to ask for everything. People have a right to privacy, so (for instance)... ...read full post

Pay Attention When You Cross The Train Tracks

Pay Attention When You Cross The Train TracksRecently, Florida has been expanding its high-speed rail lines. One such line connects Miami and West Palm Beach, allowing people to move across one of the most densely populated stretches of land in Florida. That’s great news for the people who would otherwise be stuck in traffic all day trying to get from one end to the other, but the train also comes with a downside. Because of the dense population, and because the high-speed rail line is so new, train accidents in Florida are on the rise.

A recent study by Injury Claim Coach cataloged the number of railroad crossing accidents from 2014 to 2018, and they found 462 reported accidents with 25 percent causing injuries and 16 percent causing fatalities. That number makes Florida the sixth biggest state for railroad accidents and 11th biggest for railroad fatalities.

The Causes

The majority of train collisions in Florida and the United States happen to road vehicles. Only a few pedestrians get hit by trains, but when it happens injuries and deaths are far more likely.

The most common locations for railroad ... ...read full post

Do I Qualify For Disability After My Car Wreck?

Do I Qualify For Disability After My Car Wreck?Getting into an auto accident is expensive. While your insurance may help cover some of the damages to your vehicle and some of your medical expenses, they rarely cover the costs of long term care. This can be a financial disaster for your family if you can no longer work because of the injuries you sustained. You may be able to file a personal injury claim but even if you are awarded money it may not last long term if you become disabled. Besides a personal injury claim, you may be able to collect Social Security Disability (SSD) benefits as well. This is especially true if you can no longer work for at least a year or not again as a result of those auto injuries.

What Does Social Security Consider A Disability

Some questions you need to determine before you file for disability is to see if you meet the Social Security Administration (SSA) definition of disabled. These include:

● You cannot do the work you did before because of your injuries.
● You cannot be trained to work a job that is less demanding.
● You have received severe... ...read full post

Preventing Personal Injury At The Beach This Summer

 Preventing Personal Injury at the Beach this SummerSummer is the time for fun, relaxation, and sun. It is the time to recharge our batteries and enjoy the beautiful weather that our state has to offer. For many people, this means frequent trips to the beach with their family to soak up the sun and lounge in the sand.

Unfortunately, even the most basic and routine beach outing can end in disaster and injury if you don't have a few important safety tips at the top of your mind.

Water Safety

Water safety is a hot topic every summer because of the massive increase in water activity participation, including swimming, boating, kayaking, tubing, and so much more. However, the water can pose a significant threat if you aren't aware of a few basic safety tips.

First, you should learn to swim before hitting the water. You should also always have a buddy with you, so you never find yourself in the water alone. For all of your water-related activities, it is also recommended that you use a lifejacket and never use inflatables in the ocean.

If you have children, never leave them unattended and don't use any... ...read full post

How To Know When And If You Should Settle Out Of Court

How to Know When and if You Should Settle Out of CourtThe majority of personal injury lawsuits usually settle out of court and this is for a very good reason. When you take a settlement, you may find that the process goes much faster, is much less expensive, and may even be less risky for you in the long run.

Today, we are going to fill you in on everything you need to know if you are faced with the decision of settling out of court for your personal injury case.

Let's Talk About the Money

Let's face it. Trials can be costly, and on top of this, you also have the costs of your attorney. Most personal injury lawsuits will have a contingency fee arrangement, which means that the attorney will receive a certain percentage of any settlement made before a trial and another percentage of the amount received after the trial begins. Therefore, you will find that the sooner the case settles, the less expensive it will be for you.

Litigation becomes much less expensive for all parties involved. When computing the costs for the case, you need to factor in all... ...read full post

Head Injuries And Youth Sports

Head Injuries and Youth SportsHead injuries are very common in any sport, and this includes youth sports as well. It has been estimated that there are close to 4 million concussions in the United States each year due to recreational and competitive sports and even more concussions go unreported.

One of the leading causes of traumatic brain injury (TBI) visits in the emergency room are because of sports-related concussions among youths and teens. This means that children and teens make up approximately 70% of the people being seen for sports-related concussions.

Which Sports Cause the Most Head Injuries?

The highest cases of concussion and other head injuries among children and adults occurred in football, hockey, rugby, soccer, and basketball. Males were the most affected in football, while females experienced many head injuries during other sports like horseback riding and cycling.

The Risks

Concussions and other head injuries have been linked to memory loss, depression, personality changes, and other serious illnesses.

If you have a child that participates in one of the above-named sports or another contact sport where injury may likely occur, then it is important to educate yourself so you will be able to... ...read full post

Everything You Need To Know About The Statute Of Limitations In Florida

Everything You Need To Know About The Statute of Limitations In FloridaWhen it comes to most legal cases, both civil and criminal, there are three words that every victim should be aware of: statute of limitations. These words can make a large difference on whether you receive fair and just compensation, or you get left out in the cold.

Though most people who are injured as a result of someone else’s negligence seek counsel right away, others are worried, afraid, or unsure what to do. Many times, people believe that they have all the time in the world to fight for their rights, but unfortunately, this isn’t always the case.

Statute of Limitations On Criminal Acts

Every state has statute of limitation laws. They vary from state to state and case to case. The laws are in place to ensure that legal actions are taken within a reasonable amount of time. When it comes to criminal law, the statute of limitations can prevent someone from making accusations against another party after a lengthy amount of time has passed. This can protect people from criminal acts they committed many years ago. Some of the... ...read full post

The Main Reasons You Need A Personal Injury Lawyer On Your Side

The Main Reasons You Need A Personal Injury Lawyer On Your SideBeing hurt in a Florida accident of any kind can be one of the most complex, difficult things that you will ever have to deal with. Not only will it directly impact your physical wellbeing, but it can have a huge influence on your ability to remain financially stable. As such, you’ll need to make sure that you take the right steps to get that financial stability.

One of the only options available for those who are hurt in an accident is to file a personal injury claim and try to get the money you’re owed through a personal injury lawsuit. And in order to do this effectively, you’ll need to take the time to find a good Florida personal injury lawyer.

There are several reasons that having a good personal injury lawyer on your side is so important. Here’s a quick rundown of some of the main ones.

• Faster Results – It can take weeks or even months just to get things started with a personal injury lawsuit, especially when it comes to getting a fair offer. With an attorney,... ...read full post

Do You Really Need A Local Injury Lawyer?

Do You Really Need A Local Injury Lawyer? Florida is a big state, with a huge population. And accidents can happen throughout the state’s borders, leaving those who are hurt struggling to make a full recovery. While medical professionals will be vital for helping you get the kind of physical recovery you need to get back on your feet, it’s important to remember that you may not be able to continue financially without help either.

Finding a good Florida personal injury attorney is a very important part of trying to get back on your feet and move on after an accident. The right attorney can speed up the process of getting you your settlement, making sure that this settlement is fair and that it covers your expenses, and more. But what some may not realize is that you need to look beyond just a flashy TV ad. When you’re hurt, you need to ensure that you are able to get the kind of help you need from a local lawyer.

Hiring a local personal injury attorney might not seem like it is necessary. But it is, and if you take a look... ...read full post

Amusement Parks And Personal Injury Law

Amusement Parks And Personal Injury LawFlorida is known for many different things, from its sunshine to its beaches and beyond. Another thing that the state is famous for is its huge number of amusement parks and theme parks. Each year, millions of people flock to the Sunshine State to enjoy the rides and fun that these locations provide. But what happens if an accident occurs and you are injured in an accident at a theme park?

Your Rights

Luckily, Florida law protects the injured to some degree. Under the law, those who are hurt in an accident of any kind will be able to seek restitution through a personal injury lawsuit if their accident was caused by the reckless or negligent behaviors of another. This can extend to amusement parks as well.

The Initial Process

At first, when you’re injured in an accident it is likely that your initial steps will involve filing a claim with an insurance company. They will generally respond quickly, and may even offer you a settlement offer. On the other hand they could refuse to provide you with any compensation at all.

Either way, remember that the insurance... ...read full post

Our Firm Gladly Represents Visitors That Become Injured In Florida

 Our Firm Gladly Represents Visitors That Become Injured In FloridaIt is not uncommon for people to head down to the Sunshine State for some fun in the sun and relaxation. In fact, according to the Orlando Sentinel, Florida welcomed about 113 million visitors in 2016 alone. More often than not, residents make the tourists feel right at home. After all, these folks buy gas, purchase amusement park tickets, visit other attractions, and spend their hard earned money on things like hotel rooms and food. In other words, these individuals help keep our economy thriving.

Still, though, with so many people congregating in one place at any given time, accidents can happen in the blink of an eye. For instance, persons can get into a car crash while they are heading to a specific destination due to a Florida motorist driving erratically. A family member could slip on a wet floor in a store and sustain injuries. Heck, a person might even fall down in the parking lot because of a hole before making it inside the establishment.

There are tons of things that can, and sometimes,... ...read full post

Some Useful Boating Accident Data

Some Useful Boating Accident DataPeople can become injured in plenty of different ways. They can sustain damages via car, motorcycle, or truck accidents. Of course, folks also regularly get hurt on the job or while slipping and falling on someone else's property. However, there is one place where persons can get injured, which people often let slip their mind. It is possible for men, women, and children to receive wounds through boating accidents.

While all of the incidents mentioned above can be catastrophic, when dealing with open water, the matter can turn that much worst in a hurry. Aside from having to worry about hypothermia and infections, operators and passengers must also fret about drowning and loss of life if the vessel capsizes. Many people believe that boating accidents don't happen all that regularly, but yet, they do, and the outcome is not always pleasant.

According to the Florida Fish and Wildlife Commission, there were 59 fatalities in the Sunshine State in 2016. That number increased to 67 in 2017. These figures for this single place are enough to show that dangers exist out on... ...read full post

Top 5 Reasons A Personal Injury Lawyer Is A Good Idea

Top 5 Reasons A Personal Injury Lawyer Is A Good IdeaAccidents can happen at any time, often coming when we least expect them. And when you are injured in an accident of any kind in Florida, it can quickly leave you struggling to make a full recovery and get back on your feet. The physical healing process is bad enough, but coupled with the process of dealing with the financial stress an accident can put on you it becomes clear that often, it’s not best to go on your own.

That’s where a personal injury lawyer can come into play. These attorneys can help defend your rights and make sure that you get the compensation that you’re owed. It’s easy to assume that since you’re getting some settlement offers that you can go it alone, but taking a look at some of the big reasons you need a personal injury lawyer to file your personal injury claim can help you see just why it’s the right move to make. With that in mind, here are five of the key reasons to find an attorney.

One – Better Results

The bottom... ...read full post

The Long-Term Costs Of A Traumatic Brain Injury

The Many Costs Of A TBIMost people will never dream of having to face an accident and the many different issues that it can create for you. And when it comes to accidents, few are as dangerous as a TBI. Traumatic Brain Injury, or TBI for short, can be devastating. Not only can it leave the injured person struggling to regain their life, but it can make it harder for their friends and family as well.

The reason is obvious – a TBI can lead to problems with motor functions, bodily functions, thinking, memory, and more. Often, those who are injured will never be able to fully recover to their old selves, and if they do, it is often only after a long, difficult journey. Along the way, the costs will add up quickly and those who are dealing with a TBI will need to know what to expect to ensure that they are able to plan for and make a full recovery – financially as well as physically.

Just take a look at some of the numerous costs of a TBI to see how detrimental it can be to your financial... ...read full post

Amusement Parks And Your Injury Rights

Amusement Parks And Your Injury RightsFlorida is famous for plenty of things, but being home to some of the most well known amusement parks and resort destinations in the world is probably one of its biggest claims to fame. And there’s no real off season – parks here run almost year round, making it easy for millions of visitors to have fun and create great memories.

But sometimes, those memories may not be as great as they should be. While Florida amusement parks are held to very high standards of safety, accidents do still sometimes happen – and when they do it’s important to have a clear idea as to what your rights are and what steps out need to take to make a full recovery.

Unforeseen Accidents

Amusement parks undergo daily inspections and evaluations, but sometimes the unthinkable can still happen. The most recent example of this occurred in June of 2018, when the Sand Blaster roller coaster at the Daytona Beach Boardwalk derailed. It led to two passengers falling 34 feet, and seven additional ones being transported to the hospital.

In this instance, an accident could have potentially been avoided. The... ...read full post

Dog Bites Can Happen Anytime And Anywhere

Dog Bites Can Happen Anytime And AnywhereWhen people think about dog bites, they likely don't picture images of large animals doing a substantial amount of damage. Rather, many folks imagine a little ankle-biter nipping at the heels of a friend or family member. However, dog bites should be taken seriously as the situations can cause severe injuries and even lead to loss of life. The incidents often lead to damages such as...

• Punctures, Lacerations, Abrasions
• Muscle And Ligament Tears
• Eye, Nose, And Other Facial Injuries
• Fractured Or Broken Bones
• Post-Traumatic Stress Syndrome

A lot of people don't believe these events happen that regularly, but the truth is that they do. According to research from the Canine Journal, about 4.7-million dog bites happen in the United States each year. Not all of the episodes require medical attention, but the study states that around 800,000 people with bites need the care. It is possible for humans to contract certain diseases from the occurrences as well. Some of the more renowned ailments include...

• Rabies
• Tetanus
• Capnocytophaga Bacteria
• MRSA (Methicillin-Resistant Staphylococcus Aureus)
• Pasteurella

Several Things To Know About Dog Bites

Children are most often the victims of attacks, but the events can happen to anyone, anywhere... ...read full post

Traumatic Brain Injuries: The Silent Accident Injury

Traumatic Brain Injuries: The Silent Accident InjuryTraumatic Brain Injuries (TBI) are one of the most serious and deadly injuries sustained after an accident. However, because of the nature TBI, many people don’t realize they have developed an issue until it is too late. In personal injury law, that makes TBI claims extremely complicated. It is critical that anytime you injure your head after an accident you seek medical attention immediately.

Why TBI Symptoms May Not Appear Right Away

The brain is our most complex organ and even with the advances in medical science, we still don’t know everything about how it works. The brain controls everything in the body, so the symptoms and effects can impact areas all over the body. The damage can impact movement and mobility, the senses, as well as the ability to rationalize and memorize. When a TBI happens, the symptoms aren’t always apparent. That is because the damage may be progressive and take years to really impact the life of the victim. Even with a thorough diagnosis of TBI, because the brain is so complex, it is hard to see the full extent of the... ...read full post

What Happens If You’re Injured At A Parade?

What Happens If You’re Injured At A Parade?Everybody loves a parade, and for good reason. Parades, whether large extravaganzas conducted in a big city, or smaller traditional affairs held in a rural county, are a way for everybody to come together, see some sights, have a good time with marching, music, and generally celebrate something. Parades are always thought of as wholesome entertainment for Americans.

Unfortunately, there is also a dark side to parades that people don’t like to think about. After all, parades are also a large collection of people, all in the same space, with limited mobility, and large props or vehicles in the form of the parade floats themselves, or balloons. And sometimes, when things go wrong during a parade, they can have tragic consequences.

Death & Injury In Canadian Parades

Just last year in the port town of Yarmouth, Nova Scotia, an annual parade to celebrate the coming of Christmas was held for the townsfolk. The Santa Claus Parade was an event for the families of the area to build up excitement for the holiday season, but in 2018, tragedy abruptly ended the festivities when a little girl, four-year-old MaCali Cormier,... ...read full post

Even Non-Motorized Watercraft Can Be Dangerous

 Even Non-Motorized Watercraft Can Be DangerousLast year in Canada, a tragedy occurred where an eight-year-old boy, Thomas Rancourt, was enjoying an autumn’s day, on a lake in a canoe, with the boyfriend of his mother. Tragically, young Thomas drowned to death on that lake when the boyfriend, who was drinking alcohol, capsized the boat, putting Thomas into the water, and the boyfriend was unable to rescue him.

Later, it was determined that the boyfriend, David Sillars, was beyond the legal limit of intoxication. He was subsequently charged with impaired operation of a vessel causing death. It was the first time in the history of Canadian law that this kind of charge had been applied to a canoe. While impairment and death-related charges are normally applied without a thought to motorized vehicles, like cars, motorcycles, and, of course, boats, this was the first time that such a charge had been deemed, even by a judge, appropriate for a “human-powered” watercraft like a canoe.

As tragic as that incident is, it’s not something that can’t happen in America, especially in a place with as many types of different boats as Florida. But if something like... ...read full post

The Danger Of Gas Explosions

The Danger Of Gas ExplosionsIt’s not the most common of accidents in Florida, but that doesn’t mean it can’t happen. And when it does happen, the consequences are invariably serious. We use gas of different sorts, such as propane, for a variety of different purposes. We barbecue our burgers with it in the backyard, heat our homes with it through gas burning furnaces or even construct buildings and manufacture components through the use of welding torches.

Under normal circumstances, gas is both safe and easy to use. It comes either in pressurized containers or sent directly through airtight pipes directly to where it needs to go, where it is burned to create heat. This flammability of certain types of gas and the byproduct of large amounts of heat is what makes gas so attractive as a fuel source. However, when things go wrong, it can cause a deadly explosion, and these explosions normally occur in two ways.

The Leak

Gas tanks are made of metal and built to be both airtight and incredibly durable due to the volatile contents inside. But once those contents get outside, there’s nothing that a gas tank can do... ...read full post

Can I Sue For A Dog Bite?

Can I Sue For A Dog Bite?When you have been bitten by a dog, the injuries can be very severe. From flesh wounds to bone fractures to even disfigurement and disability, your injuries can have a serious impact on your life. Furthermore, the costs of these injuries can add up quickly. Between the medical bills and missing work, you may find yourself in a financial hardship. However, under Florida law your injuries may be covered. It all depends on the circumstances.

When A Dog’s Owner Is Responsible For A Bite.

If the dog bite was the result of the owner’s negligent actions, you may be owed compensation. Under Florida law, dog owners are considered negligent if:

● The dog’s owner was in violation of any local ordinance such as not following leash laws or “reasonable care”.
● The owner was negligent and did not use reasonable care to prevent your injury.
● The dog has bitten someone previously. If the owner knows that do has been knowing to bite, they are responsible for controlling the dog. Not doing so is negligence.
● The dog is labeled “vicious” by animal control.

In these cases, you may have a claim for the... ...read full post

TBI Has Many Effects

TBI Has Many EffectsA traumatic brain injury, or TBI, can be one of the most terrifying and debilitating injuries for a person—and the people around that person—to experience. The reason for this is that the brain is the literal nerve center of the entire body, the ability to perceive sensations, think, feel, remember and even move are controlled by the brain. This means that any injury to any part of the brain can have dramatic, lifelong effects on a person’s life.

Here’s just a sample of the many ways that a serious TBI can impact the way a person lives.

Physical Impairments

The brain controls the ability of people to move and sense things. This means that a variety of different physical symptoms can manifest depending on where a TBI is sustained, and the scope of the injury. For some people, TBI may result in permanent migraine headaches when it was never an issue before. For others, however, the effects can be far more serious.

Senses, for example, can be impaired or compromised. A person may no longer see, hear, smell, taste or touch things the way they used to. In some cases, a sense... ...read full post

What Are My Legal Options If I’m Bitten By Someone Else’s Dog?

What Are My Legal Options If I’m Bitten By Someone Else’s Dog?According to the United States Center for Disease Control, 1 in 5 people bitten by a dog require medical attention. When you are bitten by a dog, it can cause some serious medical issues. If you are one of these victims, you have a legal right to file a claim against the dog’s owner for the cost of your injuries.

Common Injuries From Dog Bites

When a dog bite is very severe, it can cause serious medical issues. Here are the most common injuries that you can sustain after a dog bite:

● Punctured Skin: A puncture wound is when the dog’s teeth sink into your flesh. Even a small dog's teeth can leave a deep puncture wound which can lead to infection
● Infection: Dog’s teeth and nails have bacteria in them, which leads to a higher chance of infection in you when you are bitten
● Nerve Damage: People often do not realize that even a small dog has strong jaws. If a dog should bite you, especially in the face or neck you can end up with serious nerve damage.
● Emotional Stress:... ...read full post

Can A Boat Owner Be Liable For My Injuries After An Accident?

Can A Boat Owner Be Liable For My Injuries After An Accident?One of the best things about living in Florida is the access to the beach. Many of us Floridians love to set sail and get out on the water for fishing, watersports, or just to relax. As fun as boating can be, there are risks of injury. Most of them are a result of being out on the open water. However, sometimes when an injury occurs, it is actually the fault of another person. In these cases, the boat owner may be liable for your injuries.

Understanding Negligence In Boating Accidents

Negligence is a legal term used for when you are hurt as the result of intentional or unintentional actions of another person. When someone is negligent it means that they didn’t act within reasonable care to prevent injuries. Being hurt on a boat doesn’t necessarily mean that anyone caused your injuries through negligence. However, there are times when someone could be negligent for your boating injuries.

The Four Most Common Boating Accidents

To understand how negligence works in these cases, we have to understand the most common types of boating accidents. These accidents typically... ...read full post

What You Need To Do After A Dog Bite Accident

What You Need To Do After A Dog Bite AccidentDogs may have been man’s best friend for thousands of years, but that doesn’t mean that dogs are always predictable. When nervous, scared, angry, or agitated, dogs are animals and behave like them, leading to dangerous and sometimes devastating dog bites. In southwest Florida, dog bite accidents occur to individuals of all ages, and they can happen quickly. When a dog bite accident occurs, it pays to know just what to do next to ensure you’re able to receive compensation for your injuries.

The Steps Of A Dog Bite Accident

There are several steps one should take after being involved in a dog bite accident. These steps are:

• Seek medical attention – Even if a dog bite seems minor, seeking medical attention should always be your first step. A dog bite may not bleed or require stitches, but any small break in the skin may lead to a dangerous infection. If the dog is a stray or not up to date on their vaccinations, a medical team may decide to administer rabies vaccinations to ensure this deadly virus is not... ...read full post

Symptoms To Look Out For When You May Have Suffered A TBI

Symptoms To Look Out For When You May Have Suffered A TBITraumatic brain injuries, or TBIs, aren’t always obvious at first. Even if they are, not all symptoms come on quickly and may develop in the weeks to months after your accident has occurred. Traumatic brain injuries are one common type of injury suffered in both car accidents and slip and falls, and may even be experienced during a boating accident or accident at work as well.

Mild, Moderate, and Severe

Traumatic brain injuries are typically put into one of three categories – mild, moderate, and severe. A mild traumatic brain injury doesn’t require one to bump or hit their head at all and is often caused by the brain being jostled and bumped by the skull after experiencing an extreme force. Moderate and severe traumatic brain injuries typically involve a loss of consciousness and depending on the part of the brain affected, what may seem like a “run of the mill” concussion during a child’s sports match could result in a severe brain injury.

The severity of a traumatic brain injury cannot be accurately assessed until seeking the assistance... ...read full post

Learning When Insurance Companies Are Trying To Sabotage Your Personal Injury Case

Learning When Insurance Companies Are Trying To Sabotage Your Personal Injury CaseBefore you experience an accident in southwest Florida, you may be under the impression that your car insurance provider is on your side. Your insurance provider may have promised the world before you signed your policy, and they may be pleasant while you’re making your premium payments without actively requiring their services. However, it’s important to remember that insurance providers are businesses first, and like any business, they’re going to look after their bottom line as the top priority. For this reason, you may be surprised at how far insurance companies are willing to go to minimize your settlement amount or have your claim tossed out altogether.

Car accident attorneys in southwest Florida are well-versed in insurance company tactics when it comes to minimizing settlements. The best way to protect yourself against these strategies is to have an experienced Florida auto accident attorney by your side.

The Strategies Insurance Companies Use To Minimize Your Claim

There are a few ways you can spot the strategies being used to minimize your car accident claim. A few of these telltale signs and strategies... ...read full post

How A Car Accident Can Affect You Both Mentally And Emotionally

How A Car Accident Can Affect You Both Mentally And Emotionally Most people think about the horrible physical injuries that can occur in an auto accident. Everything from whiplash to traumatic brain injuries can have an impact on your daily life. Not many people, however, think about the emotional and mental effects of an auto accident.

Changes To Your Life

There are several ways in which an auto accident can change your life and even decrease its quality.

• Self-care can be compromised when injuries or depression make it difficult to shower, brush your teeth, or change your clothing.
• An accident can compromise your ability to work and earn a living. This can be especially difficult when you’re the sole support of the family, leading to feelings of loss and failure.
• Relationships can suffer when anxiety and depression keep you from caring for your loved ones and interacting with friends.
• Pain, suffering, and the challenges of recovery from an auto accident can take away your ability to find pleasure in activities you once enjoyed.

Mental health and physical health are intertwined. When one suffers, symptoms usually manifest in the other. They... ...read full post

What Factors Effect Obtaining My Settlement?

What Factors Effect Obtaining My Settlement?A top question Florida residents will have after experiencing an accident leading to a personal injury is “When can I expect my settlement?” After an accident causing injury, it’s unlikely a person will be able to work for quite some time, as medical bills are racking up along with their regular household expenses. Settlements are important to injured parties, and it seems that they can never come soon enough.

What many don’t realize is that there are several different factors affecting when you may be able to obtain your settlement. With these factors in mind, an injured person may have a better idea of when their compensation can be expected. The factors affecting your personal injury settlement in Florida are:

• The initial evidence process – Before a settlement can be obtained, the accident will need to be proven, and this involves the initial evidence collection process. With your personal injury attorney by your side, witness statements should be obtained, photographs taken, and medical records collected, all pieces that will verify that your accident happened and the circumstances surrounding it.

• You’ve been released... ...read full post

This Recent, Unfortunate Event Shows The Seriousness Of Dog Bites

This Recent, Unfortunate Event Shows The Seriousness Of Dog BitesEarlier this month, a 5-year old girl passed away after being attacked by the family's pit bull. The death was ruled accidental, and no charges were filled in the case. Apparently, the dog jumped on a bed to get into the child's crib where the assault took place. After getting into the room and removing the canine, a family member began performing CPR immediately. Later, once officers arrived on the scene, one of the deputies took over. The kiddo was still somewhat responsive at the time, but unfortunately, the little one was later pronounced dead.

In this case, animal control officers ceased the dog where it was later euthanized. So, as you can see, dog bites are way more severe in nature than a mere nip on the hand or scratch on the leg. Research by Dogsbite.org shows that approximately 1,000 citizens of the United States get serious dog bite injuries that require emergency care treatment each day. The same study revealed that about 9,500 victims are hospitalized for the damages annually.

Put Your Pet Away

Dog owners are almost always held... ...read full post

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