An accident can come from out of nowhere, and when it does it can leave anyone struggling to regain their sense of direction and start working towards a recovery. And while physical and mental healing is obviously the utmost priority, the fact remains that the financial damage an accident can have on you or a loved one will often make it even harder to really make the recovery you're trying to achieve.
Luckily, those injured through the reckless actions of another may be able to get compensation. A good personal injury lawyer can make it much easier to get that restitution, and are instrumental in receiving the help you deserve. You may be offered a settlement, but the fact is that without a personal injury attorney representing your interests you could very well be doing yourself and your case a disservice.
Obviously, the bottom line is simply that a personal injury lawyer will help you get the fairest settlement for your injuries in the shortest amount of time. But the points below stand out as being major reasons that those who are... read article
For many home owners or landlords, the idea of home repair runs the spectrum from an easy DIY fix, to something that can require a considerable investment. Fixing a dangling gutter on the roof, for example, might be as easy as grabbing a ladder and doing some minor readjustment by hand. On the other hand, a break in the sewage pipe carrying waste out of the home can be a very expensive problem that requires professionals in order to be done safely and to according to strict housing code standards.
These repairs, however, aren’t just important for maintaining the condition and value of your home. In some cases, a piece of your architecture can be important in maintaining your legal status as a responsible owner of a property, and if you neglect that aspect, you may leave yourself unknowingly vulnerable to legal action. The stairs of any home or business are one of these sensitive areas.
An Area Of Traffic
Unlike other parts of a home or business, the stairs have only one specific function, and that is to facilitate the safe, efficient movement from one level of a... read article
Recent years have been a mixed blessing in terms of accident rates for vehicles. On the one hand, it looks like decades of careful education in schools and changing social attitudes have caused a significant reduction in the number of car accidents caused by drunk driving. More people than ever are beginning to realize just how dangerous it is, and are unwilling to face the criminal charges that can come from a conviction.
Tragically, however, another killer for cars is on the rise and has actually overtaken drunk driving as a major cause of accidents throughout America and Florida. It is distracted driving, specifically, people using their phones while they are at the wheel of their car.
Florida’s Unwanted Achievement
In April of this year, a nationwide study was conducted to see how the various states ranked in terms of people ignoring sensible driver safety precautions and driving while using a phone. While the state of Louisiana was the #1 state for distracted driving, Florida, unsurprisingly to the police in the state, came in at #2. According to the Department of Highway Safety & Motor Vehicles, 2016 alone saw 50,000... read article
When you decide to take someone to court for a personal injury lawsuit, you are going to trial. This means that some of the things you may have read about in crime fiction, or seen in film and television will be familiar sights. There will be a courtroom, there will be a judge, two opposing lawyers, and in many cases, there will even be a jury present that needs to be convinced—one way or the other—about the merits of a case.
However, most of the courtroom activity portrayed in various types of fiction are for criminal trials. And despite the similarities, there are also some big differences between what happens at a criminal trial and the type that involve lawsuits. We’re going to explain some of the differences and terms that will help you better to understand this type of legal process that we specialize in.
The biggest difference is that criminal trials involve violations of criminal law, which are generally considered harmful acts. Murder, assault, rape and other acts of violence are all considered criminal acts and don’t’ really require explanation. However other acts... read article
One of the great things about the American legal system is that it gives power to the people to take matters into their own hands for justice. While it’s true that criminal law is supervised and enforced first by the police, and then by the courts, civil law is another matter.
Obviously, when there’s been no violation of criminal law, there is no need for police to step in. But that doesn’t mean that a person can’t get justice of their own when someone has done wrong by them. In Florida, there is always the option to go to trial for a civil lawsuit, where the punishment does not come in the form of a jail sentence but in the financial compensation that is rightfully owed to the victim. But how do you go about undertaking a lawsuit? Here’s where we lay out some of the basics.
Get A Lawyer
Any citizen can go to court and represent themselves without a lawyer. In some cases, such as seeking financial compensation in small claims court for amounts less than $5000 this may be advisable. However, when it comes to something... read article
Employees do a lot of crazy things to satisfy ownership and management. Depending on your line of work, some acts may be more dangerous than others. Regardless of what industry a person works in if an injury occurs while on the job, the employee may become entitled to fair compensation for the damages. Hazardous working conditions are not acceptable on any level, but unfortunately, many workers have to deal with them on a daily basis. Faulty or malfunctioning equipment, debris laying around a work area, or just a negligent act by a coworker can leave you injured and searching for answers.
Having to take on insurance investigators and lawyers representing the organization on your own can seem impossible, but we are here to help. Allow our St. Petersburg firm to go to bat for you. We will obtain necessary evidence like reports and witness testimonies to ensure that your claim has the best chance of success. Legal jargon and complex proceedings leave unprepared plaintiffs bewildered and confused. Our experience, reputation, and professional manners set us apart and allow us to make your legal experience at... read article
The chances are that if you ask any St. Petersburg driver if they want to participate in an accident that they are going to answer no. The reasoning behind these responses is because car crashes are traumatic experiences that include painful injuries which are sometimes permanent. Truck accidents are some of the most unforgiving types of collisions to be apart of, and severe damage is a possibility when one occurs. These vehicles are so much bigger and heavier than standard passenger cars that the sheer impact alone is devastating. However, if standard safety equipment fails, and a car is allowed to travel underneath a trailer, an increased risk to loss of life becomes a possibility.
First, Make Sure That All Parties Are Okay
Regardless of who is at fault, it is of the utmost importance to check and see if any passengers or drivers require medical attention. Call an ambulance and other emergency personnel if you are able and if not ask a witness or bystander to do it for you. Receiving care should always be the first and top priority of everyone involved.... read article
The sun, sand, and desirable temperatures in Florida make it an essential landing spot for motorcyclists. There are not many better feelings than hitting the open road while the wind whips around you from all directions. Operators and passengers alike enjoy these sensations, but they also share in the pain and misery if an accident occurs. Any time that a person gets into an automobile or on a bike, they take on certain risks. Riders should wear proper safety equipment, even if they are just going around the block. No one knows when tragedy will befall them, so always prepare accordingly, and with any luck, you will not need to seek legal representation to recover compensation for your injuries.
Florida plays host to a variety of different motorcycle rallies, and we must always pay close attention to our surroundings to avoid mishaps. These vehicles, bicycles, and scooters all share our roads, and an accident with one of them can have life-altering consequences. Broken bones, contusions, road rash, and various other outcomes of different severities are possible. While a driver of a bigger car may not... read article
One of the most common causes of vehicular accidents all over the world is driver negligence. In many cases, the inattentiveness, or even dangerous neglect of another driver more concerned with looking at their phone or driving while under the influence causes a driver error that results in a mishap.
However, in the same way that sometimes an accident on a property can be the result of poor maintenance or care for the environment, the same is sometimes also true of driving. While not as common a cause, there are some instances when the poor maintenance or design of a road is at fault for causing an accident.
How It Happens
An accident as a result of poor roads can occur in many different ways, and it’s not just contingent on bad weather conditions. Some roads are simply too poorly maintained, and have too many potholes, that can result in a car’s erratic traction and performance on the road. Other roads can have poor drainage management, meaning that they get too wet and can cause a high likelihood of “hydroplaning,” where a vehicle travels on liquid too... read article
A familiar sight and concept in the American legal process is that of a jury. It is one of the fundamental rights of every American that, no matter what they have done, if they are going to court to determine innocence, guilt, or financial responsibility, there is a group of peers making the decision. The founders of our country realized generations ago just how unfair it was to give people in authority the sole discretion to decide whether a person should be punished or not, and so our legal system, with a jury trial, was born.
But while the idea of a jury overseeing a criminal trial is well known, the jury can also preside over a civil case. This means that in event you decide to undertake a lawsuit—or find yourself on notice that a lawsuit is being filed against you—a jury decision still applies. And that means that each lawyer must make the argument to average Americans, just like yourself, who will then decide whether a lawsuit is valid or not.
However, unlike a criminal trial, a jury for a civil trial, while normal, is not actually mandatory.
Too... read article
Even the calmest most mild-mannered person can turn to aggressive driving tactics on a bad day. Traffic jams, street construction, or just other driver techniques lead to road rage occurrences and accidents. Distracted driving also takes on a variety of different forms. For instance, a person operating a vehicle that just became informed that a loved one passed away can be lost in their thoughts. Meanwhile, other drivers playing on apps or texting on their smartphones endanger the lives of everyone in the vicinity.
At first glance, these types of actions may not be the easiest to pick up on, but obviously, if a person is holding a burger in one hand, a device in the other, and steering with their knee, it is best to slow down or speed up to avoid them. St. Petersburg is a bustling community that thrives off of tourism, but with additional drivers on the roads, the risks of becoming involved in an accident increase. Along with this growth also comes the higher chances of sustaining an injury. Car crashes leave victims... read article
Time management in one form or another is an essential tool to help one complete daily tasks. However, even with these instruments, there never seems to be enough time on any given day. Between work, school, and spending a minuscule minute with the family, there is not much gas left in the tank for anything else. Typically, the last thing on anyone's mind after a stressful week is taking care of the honey-do list of our significant other, but completing the tasks now can prove to be beneficial in the long run.
Premises liability covers a broad range of topics, but it essentially just means that the owner of the property in which the incident occurs is responsible or at fault. The pile of limbs and other storm debris by the walkway needs to be cleared away as quickly as possible to prevent a party from tripping and falling. Of course, we would like to think that people have enough common sense to avoid areas such as these, but all it takes is for one instance... read article
Emergency situations seem to bring out the best in residents. Hurricane Irma recently ravished our coastal community, and catastrophic storms appear to be growing at an alarming rate. So, if you were lucky enough to come out unscathed after Irma, just remember that you might not be so fortunate next time. Mandatory evacuations become necessary when emergency crews are not able to gain access to an area. If a person sustains an injury during or after the storm, medical attention might not be available to see them through the crisis. In other words, the person may have to tend to the wound on their own.
Heed the warnings and act accordingly to ensure that your health stays intact during these trying times. Hurricanes Harvey and Irma both dropped overwhelming amounts of rain in Texas and Florida. Flood waters grew steadily and caught many residents off guard, which eventually led to them becoming trapped on the upper levels or roofs of their homes. Rescuers then have to put their lives in jeopardy to get victims to safety. Snakes, downed power lines,... read article
Being involved in an automotive accident in St. Petersburg or any other location is a traumatic experience for all the participants, victims and people held at fault alike. The chaotic and hectic scene is hard to process, and when injuries are obtained it becomes that much more challenging. Therefore, it is of the utmost importance to seek legal counsel quickly after being medically cleared to do so. The longer that a person waits, the more likely memories are to become hazy or clouded, and the greater the chances are of the recollection affecting their claim.
All car crashes do not result in injuries, but the victims of the ones that do might be entitled to fair compensation for offsetting the medical costs of the recovery process. The amount becomes determined by different aspects such as the severity of the injury, the impact that it has on one's way of life, and pain or suffering that the damage caused. If you feel that someone else is to blame for your impairment, either through reckless driving or a negligent act, contact our office today for a free... read article
Going to the doctor is expensive today and with so much turmoil surrounding the healthcare industry, who knows when this action is going to change. Even with insurance, regular everyday medical expenses are becoming almost too much to bear. However, when a person sustains an injury, loses time from work, and requires a substantial amount of recovery for healing, their overall way of life is threatened. If the damages became incurred by an automotive, slip and fall, or workplace accident, the party, will likely have to deal with an insurance company throughout the entire ordeal.
Do not apply your signature to any documentation without first letting the St. Pete Lawyer review the item. It is becoming more and more common for binding contracts to contain fine print or carefully worded phrases that attempt to relinquish a person's right to compensation for their injuries. These documents typically do not hold up in a court of law, but they will delay proceedings. When every moment and dollar counts in difficult times like these, it is best just to avoid the entire... read article
A legal term that is used regularly when we get into the world of lawsuits is “damages.” When you go to trial for a lawsuit and sue someone, what you are suing them for is damages. Of course, in this case, when legal professionals talk about damages, this is a reference to financial compensation, not actual physical damage to a person or object.
However, taking someone to court and suing them for damages involves different kinds of damage. We’re going to look at those different types and how they affect you if you’re thinking of going to court with a St. Pete lawyer for a personal injury case.
This is the most common kind of damage sought in a lawsuit. As you might guess from the name, compensatory damages are financially motivated by compensation. If you are in an accident and a loss of money in some way, shape or form is the result, a lawsuit for compensatory damages is appropriate.
In this case, rather than you suffering the loss of that money, the party that you take to court will be responsible. Within compensatory damages, there are... read article
Most people are familiar with the idea of someone taking a lawsuit to court for the purposes of getting money from someone that has wronged that individual. But there are lawsuits, and then are punitive lawsuits that go down in both legal and financial history as unprecedented events. Betty Bullock is one of those legal milestones.
On October 4, 2002, after a landmark case against the Phillip Morris company that manufactures cigarettes, Betty Bullock, a lung cancer victim, made a mark in American courts that is likely to never be repeated again. The jury was found in favor of her lawsuit against the tobacco company, on all counts of strict liability, negligence and fraud for failing to disclose that smoking cigarettes was medically unsafe. She was awarded US$ 28 billion dollars. That is the single largest punitive damage amount that has ever been awarded to one individual.
Two months later, in December, the courts, while not disagreeing with the verdict of the jury, did eventually decide that the initial amount was too extreme. They reduced the punitive damages down to a “mere” US$ 28 million instead. However, the... read article
Perhaps the single most emotionally devastating of all the trials that can take place in court is one where a death is involved. For the crime of murder, the survivors usually count on the state to prosecute a criminal and see that justice is served, either through a jail sentence, or, in the most horrible crimes, an execution. But what if someone dies as the direct result of someone else, but it’s not considered a criminal act?
This is where a wrongful death lawsuit can step in to bring justice that the police and penitentiary system can’t. In some cases, such as the infamous OJ Simpsons trial in California, a wrongful death lawsuit must as act as the last stand for justice when even a criminal trial fails.
However, unlike a criminal trial, where it is essentially the state that is going after a criminal, a wrongful death lawsuit has a very limited number of people that can start such a process and see it through to the end.
The immediate candidates for starting a wrongful death lawsuit are the closest family members. This means that... read article