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Could Florida's Roadways Pose A Danger To You?

Could Florida's Roadways Pose A Danger To You?It is not really the streets that a person has to worry about in the Sunshine State. Of course, road design can play a role in accidents from time to time, but, for the most part, it is the other drivers on the roadways that put people at risk. Some folks choose to get behind the wheel when they have had little to no sleep at all. When drowsy driving occurs, head-on collisions, rear ends, side-swipes, and T-Bones can enter the picture in the blink of an eye.

Additionally, many motorists elect to drive after a night of hanging out at home or the bar drinking. The alcohol impairs their judgment and impacts their reflexes. As such, crashes can become part of the equation in such scenarios as well. Of course, one can't forget about the drivers that play on their phones while driving either. Persons who take their eyes off the road, even for just a brief moment to read a text, can hit a pedestrian, bicyclist, motorcyclist, or another car.
Florida Crash Statistics
Things are not only like this in Florida, but we get our... ...read full post

What Are Your Rights When You’ve Been Injured By A Defective Product?

What Are Your Rights When You’ve Been Injured By A Defective Product?Government agencies and manufacturers often recall products or in the case of autos repair them free of charge to protect the consumer. But, unsafe or faulty products can result in preventable injuries and death. An example of this is the recent headlines in the news about manufacturers of talcum powder such as Johnson & Johnson have known for over 40 years that their product is directly linked to ovarian cancer and mesothelioma. These include such well known brands such as Johnson’s baby powder, Shower to Shower, and Baby Magic Baby Powder.
What Is Considered a Defective Product or Recall Lawsuit In Florida
A defective product or recall lawsuit is a defective product that resulted in personal injury or wrongful death, if the product had been used as intended the way a reasonable person would, keeping in mind the warnings and labels. You can file a personal injury lawsuit against the manufacturer of the product for negligence, breach of warranty, strict liability or failure to warn. To do so however, you need to provide direct evidence of the product being defective. What most people... ...read full post

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

Understanding Florida Wrongful Death Laws

 Understanding Florida Wrongful Death LawsOne of the worst experiences in people's lives is the death of a loved one. There is disbelief, grief, pain, and sorrow. However, if your loved one died because someone was careless or didn’t pay attention then in addition to all of your other emotions there is anger that your loved one was taken from you unnecessarily and all that implies. Wrongful death can occur for many reasons, auto accidents, pedestrian accidents, defective products are a few examples. While it cannot bring your loved one back, you can seek compensation in a wrongful death suit. Wrongful deaths are tried in civil court, and the goal is to provide economic and non-economic compensation to the victim’s family.
What Is Considered A Wrongful Death?
In the state of Florida, statute 768.19 specifically defines that “when a person’s death is caused by the wrongful act, negligence, default or breach of contract or warranty”. If the death of your loved one matches this definition than the “estate” of your loved one can file a lawsuit seeking damages. In Florida, there are four elements the lawsuit must be based on:

●... ...read full post

Trucking Accidents Are More Complex

 Trucking Accidents Are More ComplexMost people agree that there’s a huge difference between an accident involving a collision between cars or motorcycles versus an accident where a large, professional freight-hauling truck. The perceived differences, however, are usually one of physics.

It’s true that a massive 18-wheel vehicle, potentially carrying tons of additional weight, and traveling at high speeds, can cause huge amounts of damage to smaller vehicles that it hits. The differences, however, don’t stop there, and one of the most important differences people need to be aware of is how many more “moving parts” there are legally in a trucking accident when someone goes to court over a dispute of who is at fault.
It’s More Than The Driver
In most cases where an accident occurs between cars, one of the most important legal actions, once everyone has been seen medically, is finding out who is at fault. In car-to-car or car-to-pedestrian/motorcycle/bicycle accidents, this is normally restricted to one driver or the other. Sometimes a case can be made for defective manufacturing or even poorly maintained road environment, but those are unusual cases.

In a trucking accident, the cause and the culprit may range... ...read full post

Seven Delayed Symptoms To Watch For Following An Auto Accident

Seven Delayed Symptoms To Watch For Following An Auto AccidentAuto accidents cause serious force impact. Even if you are only hit by a vehicle going 25 MPH, you are still being impacted at around 5,000 lbs per inch. This brute force can cause severe injuries. However, often times the shock and adrenaline rush following an accident can disguise these injuries. Many people walk away from a crash thankful they weren’t hurt only to find out days, weeks, or even months later, they sustained a serious injury.
Be Aware Of Your Accident Injuries
After you’ve been in an accident, it’s really important that you get checked out by a physician to make sure you weren’t hurt. You also need to be aware of the symptoms that could be signs of a larger injury and seek medical attention immediately if any of these symptoms appear. Here are seven symptoms that you need to look out for following the months after an accident:

Headaches

Persistent headaches that develop after a vehicle accident are pretty common. The force of the impact can be rattling to our systems. However, headaches can also be a sign that there is... ...read full post

Sometimes Self-Defense Leaves You Vulnerable To Liability

Sometimes Self-Defense Leaves You Vulnerable To LiabilityWhile it’s not the type of legal case likely to get much traction here in Florida, a recent case in Canada has once again forced homeowners to face the notion that not everything you do to defend your home is necessarily considered legal by the law. While he is not facing criminal charges, Edouard Maurice, a resident of rural Okotoks, in the province of Alberta, is facing a lawsuit from a trespasser injured by gunfire while leaving the property. But how, even in Canada, is this kind of legal action possible from someone that was committing a crime?
It’s All About Premises Liability
In both Canada and the United States, there is a general concept known as premises liability. The general idea is that if there is something on the property that is capable of harming visitors, and the property owner is aware of it but chooses not to address this possible source of harm, that property owner is now negligent. Should a visitor come to harm as a result of that negligence, this is premises liability, and the property owner may not be legally—and financially—responsible for the... ...read full post

How Witness Testimony Can Support Your Accident Claim

How Witness Testimony Can Support Your Accident ClaimWhen the courts and claims adjusters are evaluating car accidents to determine who is at-fault for the incident, they are looking for strong and compelling evidence. One of the best forms of evidence you can present is eye-witness testimony. Eye-witness testimony is a first hand account of the details of an accident by a party that was present during the incident. This testimony is weighed with physical evidence by claims adjusters, mediators, and court officials to determine the truth of what happened.

Why Witness Testimony Is Important

There are a couple of reasons why gathering testimony from witnesses following an accident is important for your case including:

● Witnesses are considered unbiased in an accident, so their testimony is valued by both sides of the case
● They can provide details you forgot or overlooked that support your case
● They can help investigators establish who was at fault for the accident
● They can add credibility to your claims

Witness testimony can often make or break an auto accident injury claim, so it’s very important that at the scene you try to collect as much witness information as possible if you are able to do... ...read full post

How Do Personal Injury Lawsuits Work In Florida?

How Do Personal Injury Lawsuits Work In Florida?If you have been harmed or permanently disabled and it was caused by someone else, they may be legally responsible. You can then file a personal injury lawsuit against them. This means if the person is found responsible for your injury, their insurance company will provide compensation for your damages. This is usually resolved between your personal injury attorney and the person you are suing (defendant’s) insurance company. Your personal injury attorney will be able to determine to what amount of compensation you are entitled to.
What Is Considered A Personal Injury Lawsuit?
A personal injury lawsuit is when the injured party, also known as the plaintiff is seeking compensation (damages) from the person (defendant) for the injuries you suffered as a result of their negligence. What you are claiming is that your injuries are caused because the other person failed to take reasonable precautions to prevent you from being injured, which is termed “negligent”. Negligence includes the following:

● Injuries from auto accidents
● Workplace Injuries
● Slip and fall
● Product liability
● Dog attack or bite
● Assault, abuse or negligence injuries.
Compensation For Personal Injury Lawsuits
In a personal injury case,... ...read full post