Personal injury cases refer to cases in which the plaintiff has been injured by another party’s negligence, and a personal injury lawsuit occurs when that same plaintiff presents a negligent party with a lawsuit in an effort to recoup their losses. In the state of Florida, PIP insurance and no-fault laws mean that in cases of auto or motorcycle accidents, a personal injury case is most often not against a “negligent” driver, but the insurance company responsible for compensating their injury costs. However, in slip and fall cases or faulty product cases, it will typically be the injured party against the party responsible for causing those injuries.
There’s many different types of personal injury cases, or cases that fall under the personal injury umbrella. The main 4 types of personal injury cases include:
• Car accident cases – In the state of Florida, and around the country, one of the most common types of personal injury cases is car accident cases. While car accidents are typically caused by a negligent driver not following the rules of the road, Florida is one of a handful of states that... read article
Going to court for a wrongful death lawsuit is just about one of the most traumatic legal experiences anyone can go through. In most cases, a wrongful death lawsuit means that someone important has lost their lives in an action that is not legally punishable as a crime. Instead, because of a lack of deliberate intent, the only way to punish a death that comes about through carelessness or negligence is through a wrongful death lawsuit, suing for financial damages, as a substitution for a lack of criminal punishment.
Most cases of wrongful death involving children are tragic, easily preventable, but not malicious. A child getting hit by a car because the driver was texting rather than paying attention to the road is one example. A homeowner not minding the swimming pool, only to find a toddler has fallen in and drowned is another tragic example.
But then there are cases where it is a complex mix of intent and negligence from all the wrong places, and death by suicide, as a result of bullying, is one of those horrible examples.
The Wrong Message
On August 23rd, in Denver,... read article
It’s not the most settling fact, but the fact of the matter is that most Florida residents will experience a car accident at some point during their lives. Whether this accident is by any fault of their own or the fault of a negligent driver, remains to be seen, but a car accident is an experience most will go through.
After experiencing any kind of car accident, it’s imperative to contact a skilled Florida attorney to assist you in getting the settlement you need to recover, and this rings true no matter what may have been the accident’s cause.
A car accident can be caused by any myriad of situations, but some are more common than others. The most common causes of Florida car accidents are:
• Speeding – Speeding is something that nearly every Florida motorist is guilty of at one point or another during their lives, but it’s important to remember that Florida speed limits are in place for a reason. The speed limit you see on the highway, a main street, or a back road has been carefully calculated to ensure motorists arrive to... read article
Product liability cases can be somewhat more complex than other types of personal injury lawsuits. Proving defect in a product can take some technical knowledge, determining if a manufacturer was aware of the potential for danger is another difficult hurdle, and evidence is more important than ever in these types of cases. So, if you’ve been injured by a faulty product, do you know what type of evidence to bring to your attorney?
The Top Pieces Of Evidence To Collect
When you see your St. Petersburg personal injury attorney, they’ll want you to have some evidence in hand that will help them to successfully support your case. While your attorney can clue you in on what to bring after an initial visit, you can save a little time by being prepared. The top pieces of evidence to collect in a defective product case are:
• Medical records – Medical records are one of the single most important pieces of evidence to collect in support of your case. What they show is that you were in fact harmed by the defective product, the extent of... read article
The 21st century has created some of the most unexpected legal entanglements we’ve ever seen, a few of them being things no one could have imagined. In financial law, there’s now the whole complex mess that arises from cryptocurrencies, like Bitcoin. And in personal injury law, there are new bizarre considerations to take into account such as the “futuristic” legalities of personal injury—and invasion of privacy!—from unauthorized drone use.
These complexities aren’t just confined to the physical world either. Thanks to the rapid advances in information and computer technology, the humble telephone has evolved into a complex piece of equipment that we can now take with us, connect to the Internet with, and text other people or take pictures with while driving. But there’s one new type of personal injury that has profound effects on a person’s life, even if it doesn’t necessarily leave the type of scars that people can see. It’s called “doxing.”
No More Privacy
Doxing, or “doxxing” as it is also spelled, is a modern slang term for “document tracing,” a form of online harassment or cyberbullying. In this case, however, instead of going... read article
When you purchase a product, you expect a certain safe experience to come out of that product. Unfortunately, it doesn’t always work out this way, and this may lead to injuries for unsuspecting consumers all across St. Petersburg. From cars to car seats, to tools and equipment, one faulty product can do quite a lot of harm. The risk of lawsuit helps to give negligent manufacturers some accountability for any faulty products they may release, and while the threat of lawsuit ensures manufacturers create safer products, it’s not an across the board solution.
Mistakes happen, and for manufacturers, personal injury lawsuits ensure these mistakes are paid for. When you strap a child into a car seat, you expect that car seat to remain intact and keep the child safe in the event of an accident. When you purchase a car, you expect that car will work safely. When you purchase a tool, you expect to be able to use that tool safely and without undue injury. When this doesn’t happen, and things don’t work out as planned, it’s time to... read article
Motorcycle accident trends have been going up and down in Florida since the year 2000. In 2000, motorcycle accident fatalities accounted for just 8% of all traffic fatalities within the state, but just a short 8 years later this number increased to 17.8% By 2010, they dropped again to 14.3%, showing that the rate of motorcycle accident fatalities were slowing, but jumped back up to 2008 levels just a year later on 2011.
Motorcycle riding is a popular and common pastime in Florida, and it’s a well-loved way to get around. The weather, the scenery, and the vacation atmosphere seems to make St. Petersburg and residents all across Florida want to get out and get on their bike. Motorcycle accidents, however, can be devastating, and it’s important for those who do wish to ride their bikes to carry proper insurance coverage and be ready to seek the assistance of a skilled St. Petersburg attorney should they find themselves in even a minor accident.
Florida Motorcycle Accidents And Alcohol
The St. Pete’s region is a hot destination for tourists coming to the Florida area for vacation, and this vacation sort of atmosphere really... read article
A study released by WalletHub.com in January of 2018 had some pretty interesting findings in regards to being in a car accident in the state of Florida. The study found that Florida may be the worst state to find yourself in a car accident where your budget and finances are concerned, and this is mainly due to uninsured and underinsured motorists on the road. Naturally, the help of a St. Pete’s personal injury attorney will assist you in getting the compensation you deserve if you have been in a Florida car accident, and one should always be sought whether you’ve been in an accident with an uninsured or underinsured motorist or not.
According to information from the Insurance Information Institute, a whopping almost 24% of Florida drivers are uninsured, accounting for the second highest rate of any state in the United States. Additionally, half of Florida motorists only carry the minimum amount of personal injury protection and property damage liability, adding up to $10,000 in coverage for each. Those who have been injured in a car accident know that the cost of injuries... read article
If you’re ever in a position where you or someone close to you is injured—or even dies—and you want the people responsible to be held accountable, you may want to go to court. An injury or death that was deliberately inflicted is a crime, and will go to court as a crime, with criminal punishment, such as a jail sentence or even the death penalty.
However, if an injury or even a death occurs accidentally, that is not always a criminal charge—drunk driving being a major exception—and so there is usually no criminal punishment. In these cases, a financial punishment, in the form of a personal injury or wrongful death lawsuit can be taken to court and resolved. But there’s one thing that both types of punishments require if they go to court and that is the decision of a jury. So what role does the jury play in a lawsuit? How does it differ from a criminal trial?
Half A Dozen Will Do
One of the biggest differences between a criminal jury and a civil jury for a trial is the numbers involved. Traditionally, criminal cases... read article
The city of Jacksonville experienced a tragedy very recently in the form of another Florida shooting. This time, the incident occurred at the most unexpected of places, a game bar that was hosting a video game tournament for the popular football game series, Madden. David Katz, 24 years old, from Baltimore, Maryland, had been attending the Jacksonville Landing tournament but had lost earlier in the day. He returned in the afternoon, opened fire on the other participants then ended his own life. There were three deaths and 10 injuries.
In the wake of the incident, survivors of the shooting are now moving forward to file premises liability lawsuits. Specifically in this case, for negligent security. But how exactly does this work?
It’s obviously a case-by-case basis in most instances, but all properties, whether they are residential, retail, commercial, industrial or even hospitality/entertainment, have one basic legal responsibility for all visitors.
These spaces must maintain a reasonably safe environment. For homes, this is pretty basic, such as ensuring that stairs remain in good condition, so people don’t lose balance and fall while going up or down. For a retail... read article
The weather, the atmosphere, and the scenery of Florida make it a popular place for motorcyclists. Motorcycle accidents, however, can result in injuries ranging from the minor to the severe, and not every motorcycle accident injury will be apparent immediately following the crash or fall. After being in a motorcycle accident, it’s important to see a medical professional right away (even if you may not think you need to) in order to make sure your physical condition is properly assessed.
Even a minor motorcycle accident can be frightening and quite traumatic. If you’re able, collect evidence on the scene as quickly as possible after being assessed by medical professionals. Exchange information with any other drivers involved while you’re still on the scene. In terms of injury, it may take some time for medical personnel to arrive at the scene, but don’t get impatient if you’re feeling okay. Due to the stress caused after the accident, you’re like to have your sensed dulled by your body’s production of adrenaline.
PIP Insurance And Motorcycle Accidents
It’s important to know that PIP insurance works a bit differently in... read article
Personal injury lawsuits aren’t exactly rare in the St. Petersburg area, but their frequency does nothing to detract from the stressed experienced when a person is facing an injury caused by another party’s negligence. A personal injury case arises when one person suffers an injury, and another party could be legally responsible for the situation that caused harm. For instance, a person with an unkempt property having a visitor slip and fall resulting in injury, or a person with a poorly contained dog having their pet get loose and bite a neighbor.
Personal injury cases are formalized through the civil court system, as one party takes another to court to have them legally recognized as responsible for the accident. While these cases can go to court, they’re most often settled through an informal settlement with the help of your St. Petersburg personal injury attorney.
Formal Lawsuits For Personal Injury Cases
Formal lawsuits for personal injury cases are a lot different than criminal cases initiated by the government or law enforcement. These types of lawsuits are filed when the plaintiff, or injured party, files a civil complaint alongside their... read article
This is definitely not an issue that a lot of property owners think about regularly, let alone put into action. There are many different aspects to a home, office, or other places of business that people need to keep in view. Besides the basics of making sure bills are paid, there are often considerations of keeping a building in good repair, and, of course, there are also issues of safety if you want to avoid a lawsuit based on a breach of premises liability. As rare as it is, the condition of your handrails can sometimes play a critical role in this.
Your Obligation To Safety
Whether you’re talking about your own home, or the office you own and operate, you have a legal obligation to avoid premises liability. This just means that you have a certain, minimal legal requirement to ensure that your environment is reasonably safe. So if you have a very aggressive watchdog in your home, for example, you must keep that dog restrained. Otherwise, if it attacks a passing child, or even a postal worker coming to deliver your mail, you are legally and financially responsible... read article
It’s surprising that this is actually a contentious point in 21st century America, but over the years, that has been a small—but dramatically effective movement—that rejects the health and safety of vaccinations for the general population to decrease the perceived risk of autism. According to one medical report that was eventually found to have fabricated results, in addition to the authors having financial conflicts of interest, there was an association discovered between the development of autism and children receiving vaccinations for mumps, rubella, and rubella.
Despite the report eventually being invalidated and the authors even losing their medical license, many Ameri-cans cling to the original assertion. They insist vaccines can cause autism, and thus refuse to have their children inoculated to protect them—and others—against a battery of potentially fatal childhood diseases.
So this brings up an interesting question. A disease is obviously a form of personal injury. And if someone refuses to vaccinate their child, that’s willfully ignoring a significant risk. So if a child contracts an easily preventable disease, and then spreads that disease to other children is there any legal responsibility for the parents that decided not... read article
While it’s not a topic that anyone is happy or comfortable discussing, it is a question that occasionally comes up depending on the circumstances. You or someone you know may be minding his or her own business, going about daily activities. Then an accident occurs, such as being knocked down in a shopping mall by another person, resulting in an injury, or being hit by someone on a bicycle while outside. Under normal circumstances, this might immediately result in looking at a personal injury lawsuit.
But then, after looking at the specifics, it turns out that the person involved was mentally ill, perhaps even intellectually/developmentally disabled. What now? Does this mean that it’s an accident that is a “free pass” for the other person, or could you, if you really wanted to, move ahead with a lawsuit? Is it even legal?
Responsibility Still Exists
One thing that many people may not realize, especially when it comes to the developmentally/intellectually disabled is that legally, there’s still accountability once a person reaches the age of 18. Under normal circumstances, even with a medical diagnosis such as autism, developmental disability or other... read article