The Truth About What You Are Owed After An Accident
When you're injured in an accident in Florida, it can leave you struggling to know what to do or where to turn. After all, you'll likely have physical injuries to recover from, mental and emotional stress, and heft bills and financial burdens caused by the accident. While medical professionals can help you heal physically, getting compensation for your injuries is the only real way to make a total recovery in terms of your finances.
But understanding what you are owed is more complicated than some might realize, and taking the time to understand a few basics is important to ensure that you don't get taken advantage of by insurance companies and lawyers for the person responsible for your injuries.
Are You Owed?
The first thing to understand is whether or not you're owed anything at all. Under Florida law, motorists have to carry PIP coverage that provides personal protection for them no matter who is at fault. But, in some instances you could seek additional restitution. This is possible if you can show that your injuries were caused by the reckless or negligent actions of... ...read full post
Is Your Home Or Business Safe From Premises Liability?
Whether you only have a home to take care of, or you’re a business person with a place of work that you also own and maintain, in either case, you have certain legal responsibilities. When you own property, whether it is strictly residential, or for additional professional reasons, you, as the owner, are expected to create a safe environment.
This is the same legal courtesy that you are extended as a visitor any time you go to someone’s home, or you go to a public space, such as a government office, or a retail space like a shopping mall. You go in with the expectation that you will have a safe experience, because the owners of the property have taken the time to ensure that nothing dangerous in the environment will put you at risk or injure you. And if something should happen to you on the property that results in an injury, if it’s clear that this happened due to the property owner being careless, that is a case of premises liability, and it means that a personal injury—and in some cases, more specifically... ...read full post
Can A Road Be At Fault In An Accident?
When an accident occurs on our Florida roads, almost invariably the investigation into trying to pinpoint the cause will look at human error first. This is the most common cause of accidents, whether it is someone texting on the phone while driving, or a driver not realizing that changing lanes is about to cause a collision with a much smaller, harder to see motorcyclist. In some rare cases, an accident may occur due to a design or manufacturing defect in a car, such as safety devices not working, as intended, thus causing injuries to occur when they shouldn’t or making injuries more serious than they should be.
But there are some instances when it’s not human error that is the result of an accident, nor is it a manufacturing or design flaw in a vehicle. Sometimes the cause of an accident may be the environment itself. But if that’s the case, then who is at fault and what are the legal options?
In most cases, when we look at government infrastructure such as dams, railroad tracks, military bases and other examples of facilities... ...read full post
What You Say In An Accident Can Go To Court
We now live in an age where the idea that anything we say casually is “lost in the wind” is not something that can be taken for granted. This is especially true during any kind of crisis or accident. The 21st century is a time when anyone with a smartphone has access to audio and video technology capable of taking photos, recording speech, and shooting video. Cars can now be equipped with dashboard cameras that record an accident as it happens. Even the police in some instances now sport “body cams” that observe and record the details of any interaction they participate in, whether it’s a criminal confrontation, or mediating a traffic accident.
What this means is that the old legal advice to be careful of what you say in the immediate aftermath of an au-to-accident is more important than ever. This applies both you and to the other party involved. The reason for this is, of course, the possibility of a lawsuit, and what will be used in that lawsuit either in your favor or against with your St. Pete lawyer... ...read full post
A Motorcycle Helmet Can Affect A Lawsuit
When a traffic accident occurs, there’s always a chance that there may be injuries, since usually a vehicle moving at high speeds is often involved. But when it comes to motorcycles in traffic accidents, the odds of injuries—especially serious ones—goes up exponentially. This is because motorcyclists do not benefit from many of the protective systems in place in cars and trucks, such as seatbelts, air bags and other safety mechanisms. This is one of the reasons why motorcyclists involved in a traffic accident should get the help of a specialized, motorcycle attorney that is familiar with the unique challenges presented to victims in such accidents.
There’s also one other factor to consider when looking at a motorcycle accident, the extent of the injuries, and the final damages that are sought in a personal injury lawsuit, and that is the presence—or absence—of a motorcycle helmet.
As of the year 2000, motorcyclists in Florida were no longer legally required to wear a helmet while riding if they wanted to enjoy maximum exposure to the environment. As long as a motorcyclist is over the age of 21, and has... ...read full post