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

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

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

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

A Joke Can Cost You Workers Comp

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

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

Can You Sue A Casino For Gambling & Losing?

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

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

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

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

Do I Qualify For Compensation From My Dog Bite Injury?

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

Dog Bite Injuries And Damages

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

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

Florida Dog Bite Statutes

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

The Stakes Are Higher When Wrongful Death Happens To A Child

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

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

Children & Dogs Can Be A Dangerous Mix

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

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

Brain Injuries Hurt In More Ways Than One

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

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