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A Closer Look At Proving Fault In A Personal Injury Case

 A Closer Look At Proving Fault In A Personal Injury Case When you're injured in an accident of any kind, it can be hard to make a full recovery - especially when you're so focused on getting financially stable that you can't give your physical recovery the time and attention that it requires.

That's one of the main reasons that seeking financial compensation is so important. If your accident was caused by someone else, there is a good chance that you could seek restitution and get the compensation you need to stabilize your life and focus on physical healing.

But for many, understanding just whether or not they are owed restitution and how to go about showing that it's something they deserve can be difficult. A good Florida personal injury lawyer will be vital for doing this, but you also need to understand the basics behind fault in an injury case.

 
Can You Seek Compensation?
 

The first question that is worth looking at is simply whether or not you can actually get compensated for your injuries. Under Florida law, you can seek financial compensation for injuries if they are caused due to the reckless... read article

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Michael J Babboni

What Is Attorney-Client Privilege?

What Is Attorney-Client Privilege?One of the first things that you should always do if you find yourself facing a possible case in court is seek the advice and services of an experienced St. Pete lawyer. Unless you know a lot about law yourself, particularly the types of laws that relate to accidents and related lawsuits, you’ll want an expert on your side to advise you on the best course of action. However, one of the things that is always stressed when it comes to engaging the services of a lawyer is absolute honesty when it comes to the particulars of your case.

The reason that this total honesty is necessary is because it is only with all the information at hand can a lawyer act effectively on your behalf. And the United States recognizes and respects that ability to be honest, with a legal protection known as Attorney-Client privilege. However, there is often some misperception about how this works, so let’s take a closer look at this.

 
Everything Related Is Protected
 

Attorney-client privilege is, in the simplest possible terms, a kind of “blanket legal protection” that states that anything you say to a lawyer... read article

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Michael J Babboni

Maintaining Equipment Is Also Part Of Premises Liability

Maintaining Equipment Is Also Part Of Premises LiabilityA good accident lawyer can immediately get on the case and help with you a personal injury court case if it’s something obvious, like a slip and fall that’s occurred in someone’s home, or a business/commercial space. After all, the ability to walk safely through a structure without injury from a floor is a basic legal right that everyone is entitled to.

What you may not realize is that this same responsibility for safety also extends to the equipment and hardware that is present in a home, place of work, or other commercial, retail or public space. And that means that if the equipment isn’t properly maintained, and an injury occurs as a result, this is also grounds for a personal injury case you’ll want to discuss with an accident lawyer.
It’s Not Just Amusement Parks
The most obvious case of equipment maintenance being an issue that can lead to injuries are amusement parks and other family-oriented entertainment spaces. If a complex, mechanical ride, such as a rollercoaster, or a carousel isn’t properly maintained, and something goes wrong that results in an injury, most people would expect... read article

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Michael J Babboni

Should You Mediate Your Personal Injury Case?

Should You Mediate Your Personal Injury Case?If you get into an accident where you sustain an injury, and you know that injury was not your fault, it’s only nat-ural to want to get compensation for this from the party that’s actually responsible. In the worst case scenarios, that other party will refuse to acknowledge any responsibility, which means if you want to get your financial compensation, you’ll have to get a St. Pete lawyer to act as your advocate in a civil lawsuit, complete with pre-senting evidence and arguments to a jury, and waiting on a verdict to see whether they agree with your cause.

All of this, of course, means a lengthy preparation for you and your lawyer, gathering up evidence, collecting testimony, and perhaps even getting expert witnesses to explain the exact nuances of the case. But an actual court case can take a lot of time, even if you’re not necessarily paying much in the way of money, since your lawyer would only be paid if the case was won. But there are other alternatives, and one of them is known as a mediation.
Settle It Before It Gets To... read article

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Michael J Babboni

A Motorcycle Helmet Can Affect A Lawsuit

A Motorcycle Helmet Can Affect A LawsuitWhen 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.
Not Mandatory
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 article

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Michael J Babboni

What You Say In An Accident Can Go To Court

 What You Say In An Accident Can Go To CourtWe 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 article

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Michael J Babboni

Can A Road Be At Fault In An Accident?

 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?
Sovereign Immunity
In most cases, when we look at government infrastructure such as dams, railroad tracks, military bases and other examples of facilities... read article

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Michael J Babboni

Is Your Home Or Business Safe From Premises Liability?

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 article

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Michael J Babboni

The Truth About What You Are Owed After An Accident

The Truth About What You Are Owed After An AccidentWhen 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 article

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Michael J Babboni

Top 5 Things To Look For In A Personal Injury Lawyer

Top 5 Things To Look For In A Personal Injury LawyerWhen you're involved in an accident of any kind, knowing what steps to take next can be difficult and confusing. While a medical professional can help ensure that you are making the right kind of physical recovery, knowing what to do to ensure your financial recovery isn't always as easy. That's why you need to get help from a professional - and a good personal injury lawyer will make all the difference.

But just what makes a Florida personal injury attorney a good one for you and your case? It's important that you take the time to find the one that is right for your situation, and no two cases are identical. As such, there are a few key things that you'll want to consider as you search out your attorney. Here are 5 of the top factors to think about.

Area Of Practice - Personal injury law can involve numerous things and numerous areas of focus. But, it's important that you find a lawyer that focuses on the type of accident you were involved in. An attorney that has never handled... read article

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Michael J Babboni

Your Right To Bear Arms Is A Responsibility To Store Them Properly

Your Right To Bear Arms Is A Responsibility To Store Them ProperlyOne of the things that makes the USA such a unique country compared to other nations is the constitutional right that all Americans have to own and use a firearm in the name of self defense, or should a tyrannical government oppress our rights, to defend ourselves against that tyranny. It means that whether you live in Washington State or right here in Florida, you will always be able to legally purchase, own and operate a firearm, should you wish. Provided that you follow all the laws our nation and states, there is nothing anyone can do to take that firearm away from you.

However, the important thing to note here is that you must obey the law. Obviously, people that take their firearms and indiscriminately shoot at passersby are no longer law abiding citizens, they are criminals. Their right to retain that firearm was surrendered the moment they opened fire on innocent people.

This responsibility to use a firearm in a safe and legal manner also extends to what you do with the firearm when it is not in use. It... read article

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Michael J Babboni

A Slip And Fall Accident Can Occur From More Than Just Spilled Water On A Store Aisle

a-slip-and-fall-accident-can-occur-from-more-than-just-spilled-water-on-a-store-aisleWhenever a person hears the words slip and fall in the same sentence, a variety of different images likely pop into their head. One thought involves the Life Alert commercials, with the lady fallen and unable to get up, while the other is a person pouring liquid on a floor, laying down in the solution, and yelling for help. Personal injury law has gotten a bad rap over the years because of certain individuals trying to take advantage of the legal system, which is why a defendant's attorney works so diligently to discredit the claim. These types of acts make it harder for real victims to obtain compensation for their damages. However, putting a proven, professional lawyer on your side can be beneficial to the cause.

Slip and fall accidents are covered in Florida by premises liability. This phrase basically means that it has to be proven that the incident became caused by negligence or recklessness. As you might imagine, determining fault is not always the easiest of tasks. Think about the liquid on the floor example for a minute. If the manager and employees are unaware of the situation, the store may... read article

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Michael J Babboni

Drivers Are Not The Only People That Become Injured From Automotive Recalls

drivers-are-not-the-only-people-that-become-injured-from-automotive-recallsA vehicle is a precious resource, one of which, many of us can not live without, especially if you live away from the city. Buses, taxis, and other public services are not always available, so a person's car is their lifeline to the outside world. It helps them get to work, school, and even the grocery store for obtaining everyday essentials. The extensive traveling puts drivers and passengers at an increased risk of being involved in a car crash. Multiple injuries can be incurred that cause the parties to need a substantial amount of medical care to reach a recovery. Head trauma, broken bones, lacerations, and other severe wounds are typical after becoming involved in a car accident.

Have you sustained an injury from a negligent, reckless, or distracted driver? Do you live in St. Petersburg? If yes is the answer to these questions, contact our accident attorney to find out where your case stands. The damages may entitle you to a fair amount of compensation, which helps to offset the costs of medical bills, time away from work, or even pain and suffering. An automotive scene is disorienting, to say the least,... read article

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Michael J Babboni