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Car Insurance 101: Understanding Your Coverages After An Accident

Car Insurance 101: Understanding Your Coverages After An AccidentMany of us don’t realize how complicated our insurance policies are until after we’ve had an accident. Trying to understand our coverages and how they apply to our injuries can be really difficult. Add to that, if you are injured the last thing you should have to worry about is understanding complex insurance paperwork. In order to help you really understand your insurance policy and how your coverages apply to your accident, we’ve put together an easy to understand guide. Here are the basics types of coverages you will find in auto insurance policies:
Bodily Injury Liability ( also known as “BI”)
Bodily injury liability is what your insurance company will pay to an accident victim if you are at fault. It is money designated to pay for medical expenses and other damages as a result of an accident. If you’re in an accident and are injured as the result of someone else’s fault, their bodily injury liability insurance will cover your damages.
Personal Injury Protection (also know as “PIP”)
Personal injury protection is what your insurance will pay when you’ve been injured. In the state of... 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

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

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

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

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

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

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

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

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

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

The Causes Of Trucking Accidents

 The Causes Of Trucking AccidentsThere’s no big mystery as to why many car accidents happen. Too often the cause is simply someone looking at their phone for a few seconds too long. There are other common, but tragic causes, such as a driver being drunk, or paying more attention to children in the car than the situation on the road, that are also easily understood. In some ways, trucking accidents can share similar causes, although the final results are always “scaled up” to a higher level of damage and injury.

But then there are some types of accidents that are unique to freight hauling trucks. So what are they? We’re going to look at some of the truck-specific accidents that you’ll probably need an auto accident attorney to help with, should you get involved in one.
Exhaustion
While truck drivers may, like automobile drivers, be charged with drunk driving in accidents, a far more common cause of altered states of consciousness for truck drivers is simply being too tired to drive. Unlike the majority of car drivers who are in automobiles to go to one destination, then return, a truck driver is a... read article

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Michael J Babboni

Truck Accidents Can Be The Worst Accidents

 Truck Accidents Can Be The Worst AccidentsVehicular accidents are just a fact of life throughout the USA, and the state of Florida is no exception. There can be any number of factors that contribute to a collision between vehicles, or between property, or individuals occur. When these impacts occur, the damage can be anything from a scratch on a paint job, to serious injuries, or even death.

But there’s one type of vehicular accident where the odds are very much in favor of the driver, and that is accidents involving a truck. In these scenarios, the truck driver almost always “wins,” and there are very simple reasons for that.
The Unavoidability Of Physics
In terms of sheer property, vehicular and especially human damage, a truck accident has tendency to inflict the greatest amount of damage. But not for the truck or the truck driver. The chief factor behind the severity of accidents involving a truck is attributable to one physical factor; mass. A truck that is hauling freight, for example, is bigger, heavier and denser than any other vehicle on the road. It takes an enormous amount of power to get something of... read article

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Michael J Babboni

Understanding Liability In Stair Accident Injuries

Understanding Liability In Stair Accident InjuriesAnyone can have a clumsy moment and trip walking up the stairs. However, sometimes when you trip and fall, it’s not because you are clumsy. It is because there was a risk on the staircase. If you’ve recently been injured in a stair accident, it may not be because of you. It may be that the stairs presented a risk as the result of the negligence of the owner of the property. Here are some examples of risks that property owners are responsible for in a stair accident case:
Improper Stair Height Or Depth:
The risers on stairs are regulated by building codes. Stairs are supposed to have a height and depth within a specific size range. When stairs do not fit within this range, they can present a slipping hazard. There are some exceptions, such as in the case of historically preserved buildings, but in general if a property owner is in violation of building codes, they could be at fault for your accident.
Uneven Steps:
The same principle applies to stairs that have uneven heights or depths. We climb stairs systematically, so it is hard to predict a... read article

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Michael J Babboni

What Is A Bad Faith Insurance Claim Denial?

What Is A “Bad Faith” Insurance Claim Denial?“Bad faith” is a legal term in the United states to describe when an insurance company refuses your claim without reasonable cause. Usually, an insurance company has acted in bad faith if it does not fulfill their obligations listed in the insurance policy or does not follow Florida laws.
What Are Some Examples of Bad Faith Denial?
Bad faith denials can include:

● Refusing to pay the money owed on your claim.
● Failing to conduct a satisfactory investigation into your claim
● Neglecting to pay your claim in a reasonable amount of time
● Requiring paperwork that is redundant or unreasonable
● Failing to explain why your claim was denied
Can You Receive Compensation For A Bad Faith Denial?
If you have a “Bad Faith” case you can be compensated for what the insurance company should have paid out in your initial claim. In addition you can recover “consequential” damages. These damages are a result of having your claim denied. These include your attorney’s fees and the cost of suing the company. You may also be able to recover for emotional distress. In addition to these damages you may also be able... read article

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Michael J Babboni

What To Do If You Are Injured As A Passenger On A Motorcycle

What To Do If You Are Injured As A Passenger On A MotorcycleFlorida is a great state for riding motorcycles. The perfect weather, long stretches of flat highway, and beautiful scenery are ideal for riders. Florida has the second highest number of registered motorcycles in the country. Which sadly also means it has one of the highest rate of motorcycle accidents. These accidents caused injury to hundreds of people a year, and not just the drivers. Motorcycle passengers also incur injuries. If you’ve been injured as a motorcycle passenger, you may not know what to do. Luckily the St. Peter’s Attorney can help. Our legal team specializes in motorcycle accidents and can help you get through this difficult time. Here is what to do if you are injured as a passenger on a motorcycle:
Get Medical Treatment For Your Injuries
Your health and safety is the most important thing. Since motorcycle riders are exposed, injuries are often very sever. If you are injured, call emergency responders immediately. Everything else can wait.
Contact The Police
Anytime there is an accident, you should contact the police. Police will document the accident in a police report. The details... read article

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Michael J Babboni

Should You Accept A Structured Settlement?

Should You Accept A Structured Settlement?

Most personal injury cases never reach trial. Instead, they are typically solved through a settlement. When you reach a settlement, you will be given two options of how to receive your compensation. The first is a lump-sum where you will receive all the damages you are owed in one single payment. The second is a structured settlement where you will receive payments over a period of time.

A question we are often asked after we negotiate a fair settlement is which payment plan we recommend. We believe that the payment plan depends on the specifics of the case. However, we believe in empowering our clients so they can make the best choice for themselves. Here is a pros and cons list of structured settlements, so you can decide which option is right for you:
Pros Of Structured Settlements:
● Structured settlements provide the certainty of a regular income. If your injuries are so severe that you cannot work, this steady income can make a huge difference in your life.
● In some cases, you may receive a larger settlement if you accept a structured settlement offer.
● Under US tax... read article

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Michael J Babboni

The Five Things You Need To Prove Negligence In A Personal Injury Case

The Five Things You Need To Prove Negligence In A Personal Injury CaseNegligence is a legal term for when the actions of one party caused damages to another. If you’ve been injured in an accident, in order to get the largest settlement, you will need to prove negligence. There are five things that courts require in order for you to prove negligence. Understanding these five things can help you collect the evidence you need to win your case:

Duty: Duty is basically what the defendant legally owes the plaintiff. Duty can basically be understood as what a reasonable person would consider a duty in certain situations. Some good examples of duty are:

● The duty of all drivers to follow the laws of the road
● The duty of property owners to provide a safe environment for visitors
● The duty of manufacturers to create safe products and warn people of product risks

Duty is legally complex. Therefore, in civil cases it is typically the judge and not the jury that determines whether or not the defendant had a duty to the plaintiff in a case.

Breach Of Duty: Once duty has been established, the next piece... read article

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Michael J Babboni