While most attorneys take on new clients every day, contrary to popular belief, more cases are turned down that accepted. If you have been turned down by an attorney, it is important to understand it is nothing personal. Talk to several attorneys. You may have two turn you down and the third feels you have a valid case. However, there are some cases that every attorney will turn you down.
Why Is My Case Being Declined?
While you are interviewing and speaking with an attorney, they are using their knowledge and expertise to evaluate your case. They are deciding not only if it can be won, but the costs involved and their ability to represent you. Here are the main reasons that a personal injury lawyer will take into consideration and may turn your injury case down:
• Difficulty In Establishing Liability: If the other person or company’s liability is going to be difficult or establishing fault will be difficult, an attorney may turn you down. For example if you slip on some water in front of a store fall and get badly... read article
Florida is a biker’s paradise. With miles of shoreline, stunning beauty everywhere, and great weather, taking your motorcycle out on the open road here is a true treat. But when the unthinkable happens and you’re involved in a motorcycle accident, what do you do?
A motorcycle accident can leave you struggling to recover physically as well as financially. And making matters worse, motorcycle accident can lead to some of the most serious injuries on the road due to the fact that there is little between you and the pavement – no airbags, no seatbelts. Common injuries sustained in a motorcycle accident include:
• Broken bones
• Head trauma
• And more
In short, you can be seriously injured and left struggling to recover. And when a death occurs due to an accident, those left behind may end up facing even more struggles due to the sudden loss of a source of income – and the grief in its wake.
The Problem With Insurance
No matter the specifics, the fact is that a motorcycle accident can change your life forever. And getting back on your feet after an... read article
When you’ve been injured in an accident, your bills will start piling up fast. Between all your medical expenses including doctor visits, treatments, therapy, and prescriptions, and losing income from missing work, you may find yourself buried in debts. It doesn’t help that bill collectors don’t have any patience and will expect you to pay right away. In these cases, you will feel like you need your settlement to go through quickly. However, that is what the insurance companies are counting on.
Insurance Companies Love Fast Settlements
Insurance companies know that accident injuries are expensive. They also know that even people who were well off prior to the accident, rarely have the resources to pay for their expenses. They are banking on the fact that faced with these financial pressures, you’ll want to settle quickly. Insurance companies are in the business of making money and they don’t want to pay out anything for settlements. So one of the most common tactics they use to pay less is to bank on your financial pressured. They know that if your resources are drained and you... read article
It is so common these days to take an Uber or Lyft or other rideshare service. They are a quick, easy, and money-saving option. However, what happens if the driver has an accident while you are a passenger? If you get hurt as a passenger in a Lyft or Uber car how do you get compensation and who pays? The general rule of thumb is that financial responsibility comes from the at-fault drivers insurance. In the case of rideshares it can also come from Uber or Lyft own car insurance coverage.
What You Need To Know As A Passenger In An Uber or Lyft.
When you are a passenger in an Uber or Lyft it is difficult to determine who is liable. You need to take into consideration the following:
● Florida Accident Liabilities Still Apply: If the Uber or Lyft driver is at fault but you are not severely injured you cover your own personal injury losses.
● If Your Injuries Are Serious Or Permanent injury: In this case you can go outside of Florida’s no-fault system and bring a claim for full compensation.
● Rideshare Drivers Insurance... read article
In a recent lawsuit an Arkansas woman filed a claim against Pfizer, Inc. She alleged that Pfizer, who manufactures the commonly used arthritis treatment drug Xeljanz commonly used to treat arthritis, failed to warn U.S. consumers on the packaging that the drug can lead to sepsis. The result of this lack of warning caused her to develop septic shock, multi-organ failure, and gangrene.
Labels In European Union And Other Countries Warn Consumers of Xeljanz Risks
While labeling for Xeljanz and Xeljanz XR that are sold in the United States does not list the risk of sepsis and other serious side effects, The packaging of the medication that is sold in Canada, Australia and the European Union does have those warnings on the label. In fact the sale of Xeljanz and Xeljanz XR in the European Union was not initially approved due to concerns of sepsis.
Deception By Pfizer In Labeling And Reporting of Xeljanz and Xeljanz XR:
The lawsuit alleges that Pfizer refrained from its procedure of cross-country labeling to broaden the consumer base in the U.S. In addition, the lawsuit claims that Pfizer... read article
When you’re hurt in an accident of any kind, it can be difficult to know what to do next. And when that accident was caused by the reckless or negligent actions of someone else, there is a layer of frustration that is impossible to overstate.
Making things even more frustrating, most who are hurt in any kind of accident will find that they have a huge uphill road to travel in order to get any kind of financial compensation for their injuries. It’s far too common to be stuck struggling to get a penny from insurance companies or those responsible for your accident. Often, that comes down to the fact that those on the other side have little respect for those who are hurt. But a personal injury lawyer can change that.
What Are Your Rights?
First, it’s worth understanding that you do have rights – more than some often realize. If you’re hurt in an accident, you have the right to get compensation if that accident was caused by the recklessness or negligence of someone else.
Negligence or recklessness can mean a lot of different things including:
Florida has one of the highest incidence rates of drunk drivers of any state in the US. As a result many Florida residents find themselves dealing with the aftermath of being hit by a drunk driver. Drunk driving accidents are a lot more difficult to handle than a regular car accident because it will involve both state and civil courts. In order to protect yourself during this complex process, it is important to understand what to do following a drunk driving accident. Here are the six most important steps to take:
Immediately Call 911
No matter the details of the accident, you need to contact the authorities immediately. If you are severely injured, follow the instructions of the EMTs and go to the hospital if required. Otherwise, stay at the scene of the accident until the police arrive. In many cases, drunk drivers will flee the scene. If that happens try to get as much information about the vehicle as possible including make, model, color, and license plate. When the police arrive, file a report. The police report will be an important piece... read article
For decades, driving while under the influence of drugs or alcohol has been the number one scourge on our roads. DUIs lead to untold injuries and accidents every single year, and those hurt by a drunk driver often face a long recovery with plenty of frustration. But there is a new plague throughout Florida and the rest of the country – texting while driving.
A Huge Problem
It doesn’t take long to figure out just how dangerous distracted driving can be when you look at the statistics related to it. Consider the following.
One out of every four accidents in the USA is caused as a direct result of texting while driving.
Cell phone use on the road leads to 1.6 million accidents every single year.
Almost 390,000 injuries occur due to accidents related to texting while driving
24% of fatal accidents with a driver aged 30 to 39 involved a cell phone
27% of adults admit to texting while they drive
660,000 drivers are using their mobile devices while driving at any daylight moment
In short, this is an issue that goes far beyond just ‘teen... read article
When you’re hurt in any kind of accident, finding your footing again can be tricky. After all, the accident will leave you injured physically as well as financially. Often, those who are hurt struggle to know just what to do.
Making things even more complex is that those hurt in a premises liability accident will face an even harder battle to get back on their feet. The reason? Proving fault in a case like this is much more complicated than in an auto accident or workplace injury.
A Long Road To Recovery
Not only can a premises liability accident leave you hurt physically, but financially. You’ll face a wide range of potential issues including:
• Lost wages due to missing work
• Medical bills
• Long term medical costs
• And more
And insurance companies often only cover a small bit of your true expenses – if they help at all. In premises liability, it’s far too common for those who are hurt to be denied any kind of compensation at all due to the simple fact that proving you are owed anything is so difficult to do.
The Question of Fault
Being hurt... read article
Florida is home to millions of people, and visited by even more every single year. So many people sadly means that accidents will happen from time to time. Whether they’re on our roads or on the property of someone, these accidents can quickly change your life and the lives of your loved ones. When an accident causes a traumatic brain injury, this is even truer.
When a TBI occurs, it will impact almost every part of a person’s life and also the lives of those closest to them. After all, TBI means that the injured may suffer paralysis, loss of motor function, loss of cognitive ability, and much more. This means that they may need long term medical care, may be unable to work, and more.
For many, filing an insurance claim is step one on the path to recovery. But insurance companies often do all that they can to avoid paying you out a dollar more than they have to – and in the case of a TBI this means that you could be left with huge debt and bills that just keep piling... read article
When you are injured in a car accident as the result of someone else’s negligent actions, you deserve compensation for your injuries. Sadly, insurance companies do not make things easy for victims. They will fight you every step of the way to get out paying a fair settlement. The best way to combat this is to present strong evidence proving the validity of your claim. Here are the five most valuable pieces of evidence to collect immediately after an accident:
Photographs Of The Scene Of The Crime
Photographic evidence is indisputable. Pictures of the scene of the accident, the damage to the vehicles, and your injuries can provide the strongest support for your claim. Fortunately, with smartphones, now almost everyone has easy access to a camera. Following an accident, if you can, try to get as many pictures as possible.
Eyewitness testimony is also very important for proving your claim. Witnesses are often simply bystanders who happened to be at the scene during the accident. So they are considered a neutral and objective party in the legal process. Therefore, their testimony... read article
No one wants to go to trial, even the insurance companies. Trials for personal injury claims are expensive, drawn out, and very stressful. That is why the majority of cases are often settled out of court. While the decision to settle out of court relies on many factors, there are some pros and cons you need to know before choosing this route.
Settling Out Of Court Has Its Advantages
So let’s take a look at some of the advantages when the two parties agree to settle out of court:
● Less Stress: Having to testify in front of strangers, waiting months, often years for the process, and the details of your case becoming public can take its toll.
● Fewer Expenses: Expenses can really add up. Your trial may require testimony from expert witnesses, depositions, missed work, travel expenses and attorney fees. You may be better off financially if you choose to settle out of court.
● Time: Settlements take less time. When two parties are at odds and they cannot come to an agreement, a court case could drag on for years.
● Privacy:... read article
When it comes to workers’ compensation disputes, Florida law required both parties in the dispute go through mediation before a claim can be presented to a judge. Alternative Dispute Resolution (ADR) has been utilized by the Florida court system to resolve disputes for over 30 years. ADR processes offer litigants court-connected opportunities to resolve their disputes without judicial intervention.
Understanding Mediation Versus Arbitration
Both Mediation and Arbitration are methods of ADR used to avoid litigation. Here are the differences between the two methods:
• Mediation: In mediation, both parties are encouraged to work out a resolution. Mediation is an informal settlement conference with a mediator to guide the parties in arriving at a mutually agreeable solution. The mediator has no decision making power, only the two opposing parties can choose a resolution.
• Arbitration: Arbitration is a more formal process where the mediator is usually a retired judge, senior lawyer or other professional. Both parties give testimony and are questioned. The mediator in arbitration can give a legally binding decision that both parties must follow.
The Benefits Of Mediating In The State Of Florida
There are many benefits of mediating your worker’s... read article
An accident can throw your life into chaos. The physical injuries, mental stress, and financial hardship it can lead to are all very difficult for anyone to overcome. Most people assume that when you’re involved in an accident, you file a claim with the insurance company and your finances are taken care of. But sadly, this isn’t the case – and often, a personal injury lawsuit is the only option for those who want to make a full recovery.
The Problem With An Insurance Claim
There are a couple of problems that can arise when filing a personal injury insurance claim after an accident.
• Your claim may be outright denied, for some obscure reason
• You may be offered a settlement amount that barely covers your expenses
In either situation, the bottom line is that insurance companies are only looking out for themselves and their clients. They want to avoid paying out a dollar more than they have to, and even if you have a legitimate injury they will often do all that they can to avoid giving you anything.
When you’re hurt in an accident your entire life can be changed in an instant. Suddenly, you’re no longer physically healthy and financially stable – you’re facing a long road to physical recovery due to injuries, and mounting debt and bills from the hospital and the fact that you’ve missed work.
That’s why filing a personal injury lawsuit is so important. It can help you get back on stable ground financially and ensure that you’re able to move on after an accident. But, it’s not always easy to get what you’re owed and it’s far too common to face an uphill battle getting restitution – which is why filing a personal injury lawsuit is often needed.
A Struggle For Justice
A personal injury lawsuit is often the last thing you want to do when hurt, but it’s necessary in most instances for one reason – a lack of respect. The insurance companies and legal teams for the other side know that your resources are limited and that your understanding of the legal world is as well.
Because of this, you’ll often get the runaround – be offered low settlement... read article
Losing a loved one is never easy. It can not only leave you struggling to make sense of the loss, but unsure of even what to do after they’re gone. And when the death was caused by the reckless or negligent actions of someone else, things are even worse.
Making things even more difficult is the fact that losing a loved one also leaves you with a large financial burden that you have to carry. You’ll end up with medical bills, funeral costs, and even a huge struggle to pay for the bills that the deceased’s income helped with. Knowing your options after losing someone is important.
What Is Wrongful Death?
Wrongful death is a term that refers to any death that shouldn’t have happened – that was caused by the reckless or negligent actions of someone else. Examples include deaths caused by things like shoddy workplace safety measures, drunk driving, and more.
When a loved one passes away due to recklessness or negligence, those left behind will have the right to file a wrongful death lawsuit in Florida and get justice for their loved ones... read article