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Is There A Difference Between Negligence & Recklessness?

Is There A Difference Between Negligence & Recklessness?In typical cases where a personal injury lawsuit is pursued, it is because someone else is responsible for the injuries of another party, and negligence is usually the cause. It’s for this reason that negligence is also the word often used when taking a case to court, officially citing negligence as the reason that someone else unnecessarily received injuries.

But in some cases, there may be an additional, or even completely different charge of recklessness, such as reckless driving. But what is the difference between these two accusations? Is there a difference? Or are these interchangeable terms, and someone taken to court for recklessness is identical in severity and end result as someone going to court for negligence? We’ll take a closer look.
The Distinction Of Intent
The truth of the matter is, from a judge and jury’s point of view, there actually is a difference, and it is a very important one. What separates negligence from recklessness is the intent of the person committing the act. In many ways, negligence is considered the less “serious” of the two, though both can have very severe consequences, up... read article

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Michael J Babboni

Punitive Damages: An Exception, Not The Rule

Punitive Damages: An Exception, Not The RuleNo one is expected to closely follow the results of every personal injury case, except, of course, for an experienced personal injury lawyer. This is why it’s understandable that the general public would only be familiar with the very “high profile” cases that garner a lot of media attention.

However, basing your legal expectations only on what you see from high profile cases can be quite misleading. A common misconception, for example, is that people that take a personal injury case to court may be rewarded with damages numbering in the millions of dollars. The truth of the matter, however, is very different from what one regularly sees in the media. When people see, hear or read on the news about civil lawsuits with incredibly high amounts, this is normally the result of punitive damages. So what makes punitive damages so exceptional?
Compensation Is More Important
In the normal run of things, what a personal injury lawyer and a civil lawsuit will do is ensure that wrongly injured parties get the compensation they are due. Usually, this means the cost of medical treatment, and/or wages that may have... read article

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Michael J Babboni

Defining Negligence In Premises Liability

Defining Negligence In Premises LiabilityA premises liability is a type of civil lawsuit where a person, or people, are injured on someone else’s property, and the owner of the property is somehow responsible. If you find yourself in a situation where you have an injury that can require substantial medical treatment, such as slipping and falling on the floor, or even suffering a broken limb due to riding on a defective amusement attraction, it’s unfair to expect that you should also bear the financial burden of paying for medical treatment that isn’t even your fault. If your injury leaves you unable to work while you recover, or even makes it impossible for you to return to your old job, then your long term future and finances have become jeopardized as well.

However, you can’t just go to the person or company that may be responsible and ask them, directly, for financial compensation. In most cases, the companies will be unwilling to do so simply on request, and even in rare occasions when they are, there is still a matter of making such a transaction legal and on record in order to make... read article

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Michael J Babboni

Leaving An Accident Scene Has Consequences

Leaving An Accident Scene Has ConsequencesFor most people, there’s little doubt about what to do in the event of a car accident, especially once the panic has worn off, and reason reasserts itself. If you find yourself in a vehicular accident, especially if you are unharmed, and your vehicle is still mobile, you should assess the situation, see if anyone else needs help, then exchange information with the other party, if possible, and call the police to report the incident.

Even if you are involved in an accident where there is no one present, such as knocking over someone’s gate or mailbox at the front of their house, or denting someone’s fender at a parking lot while parking or leaving a parking space, you should exercise responsibility. You should leave notification and contact details with the party that has suffered property damage and, if the damage is over $500, you are still legally required to report the accident.

But what if you don’t do this? What if, while pulling your car out of a parallel parking space, you graze a car and make a minor scrape to the paint that doesn’t even damage... read article

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Michael J Babboni

How To Talk To An Insurance Adjuster After A Car Accident

How To Talk To An Insurance Adjuster After A Car AccidentAfter you’ve been injured in a car accident, you will be contacted by an insurance adjuster. Whether the insurance adjuster is from your insurance company or the other party’s, it is important you understand they are not trying to help you. Insurance companies are in the business of making money. In order to make money, they are going to try to pay the least amount possible they can after an injury accident. To do this, many insurance adjusters employ tactics to trick people into saying things that work against this case. We have seen insurance companies use our client’s own words against them to deny a claim or pay less than what they owe.

Before talking to any insurance adjuster, it is vital you know how to avoid these tactics. Here are our expert legal tips on how to talk to an insurance adjusters:
Get The Insurance Adjuster’s Information
First and foremost, get the name, contact, and company information from anyone who contacts you. You will need to keep a detailed record of every interaction with any insurance company. This information will be critical... read article

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Michael J Babboni

How Much Is Pain And Suffering Worth In My Accident Claim?

How Much Is Pain And Suffering Worth In My Accident Claim?After you have been injured in an accident, there may be damages you aren’t considering. Most people think of just their medical bills, but there are other damages that you may qualify to receive. One of the most common is pain and suffering.
What Is Pain And Suffering?
Pain and suffering is the legal term used for the physical and emotional distress associated with an injury. Pain is the measured as the physical pain caused by your injuries. While suffering is the emotional and mental distress that manifests as insomnia, grief, worry, depression, anxiety, and even the overall loss of enjoyment of life. Damages that are considered pain and suffering may be categorized as:

● Aches
● Scarring
● Shortening of life
● Mental health issues
● Limitations on activities

Pain and suffering is considered compensatory damages not punitive damages and are often rewarded when injuries are severe enough to impact daily life.
How Is Pain And Suffering Calculated?
There are two ways attorneys, insurance companies, and the courts use to calculate pain and suffering:

● The Multiplier Method: The multiplier method is an equation used to determine the value of pain... read article

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Michael J Babboni

When Negligence Becomes Outrageous

When Negligence Becomes OutrageousThe most common reason that someone would need a personal injury lawyer in St. Petersburg is because of negligence. Simply put, this means that someone, maybe the driver in the other car, or the staff at an amusement park, or the janitors at a shopping mall, had a legal responsibility to carry out their activities safely. For whatever reason, they failed to do that, perhaps because of looking at a phone, or deciding to clean up a spill on the floor after lunch, instead of right now, and that lapse in responsibility resulted in someone else’s injury. This is typically defined in courts as negligence. And when negligence is involved, that means that the act is often not considered a criminal act, but instead is a mistake that has resulted in serious negative consequences.

Negligence can, however, go a “step further,” legally speaking. While “vanilla” negligence is the most common cause used in personal injury cases, there is another more serious level of negligence; gross negligence.
Just Short Of Evil
Gross negligence obviously has certain connotations, given the name, and the fact that it is considered more serious than run-of-the-mill negligence.... read article

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Michael J Babboni

Five Critical Steps To Take After You’ve Been Injured In A Slip And Fall Case

Five Critical Steps To Take After You’ve Been Injured In A Slip And Fall CaseSlip and falls are pretty common. However, most people don’t know what to do when they’ve been injured in a slip and fall. When you slip and fall on someone else’s property, there is a chance they may be responsible for your fall and liable for the costs of your injury. Hopefully you never experience an injury from a fall, but you should know what steps to take do if you do. Here are the five most important things to do after you’ve been injured in a slip and fall accident:
Tell The Owner Of The Property
The first thing you need to do after you’ve been injured in a slip and fall is to report the accident to the owner of the property. If you don’t know who the owner of the property is, you can tell someone on site. If you are hurt on the premises of a business, they may have a form you can fill out. If you have to fill out a form, try to be as accurate as possible. Remember though, if you... read article

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Michael J Babboni

Does A Recall Prove Liability In My Defective Product Injury Case?

Does A Recall Prove Liability In My Defective Product Injury Case?When you’ve been injured by a product, you may be able to make a claim for product liability. Product liability is a legal term that covers the legal responsibility manufacturers, distributors, and sellers have if their product injures someone. Product liability covers things like defective products and not adequately warn users about the risks associated with the product. In these cases a person can make a claim for product liability. Proving product liability is pretty complex, but one of the major factors that can impact your case is a product recall.
What Is A Product Recall?
A product recall happens when a manufacturer becomes aware of a potential risk of their products. Recalls are surprisingly common and can come from internally or can come from a government regulatory agency. When a company issues a recall, they will send notice to all the distributors, sellers, and customers of the product. Whatever the risk is can then be mitigated. Sometimes recalls are severe and people are advised to return their product for a refund or the company will offer to fix the product. In other... read article

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Michael J Babboni

Can You Sue Someone For Making You Sick?

 Can You Sue Someone For Making You Sick?When it comes to medical conditions like illnesses, a personal injury lawyer may be a surprisingly useful guide and advocate for taking legal action, but it depends a lot on the type of illness. One of the more common types of illness that normally go to court are related to food poisoning, either at a restaurant or, more commonly as the result of negligence a manufacturer or farm when it comes to harvesting, preparing, packaging and selling food in retail outlets like grocery stores.

But what if you get sick from something other than food? What happens if you contract an illness in some other fashion, and another person is responsible? Can you still go to court for this? As with so many things in the legal world, the answer is, “it depends.” And it depends largely on the circumstances you find yourself in.
Environmental Illness
Sometimes it is what a person does to the environment that causes the illness that another person contracts. For example, asbestos is now a known carcinogen, and has been banned from use in American construction. However, all buildings predating the... read article

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Michael J Babboni