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Calculating Lost Wages When You Are Self-Employed

Calculating Lost Wages When You are Self-EmployedWhen you are self-employed and involved in a car accident that resulted in debilitating injuries, you may find it difficult to calculate and prove your wages. After becoming injured in an accident, you may be entitled to compensation for lost wages as well as any lost business opportunities if it can be proven that the other driver is responsible for the accident.
Proving Lost Wages When Self-Employed
Since it is much harder to prove lost wages when you are self-employed, you should always retain accurate and detailed records, so you can provide adequate proof of income when needed.

You will first want to show how much you would have been able to earn from the date the accident occurred to the time you fully recovered. 1099 forms or a tax return from the previous year is good evidence along with any business invoices you have and business receipts. 

Next, you will also want to gather all medical documentation discussing your injuries and recovery. A doctor's note and any other medical proof of your condition can be used to show why and when you were unable to work.

The following are a... read article

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Michael J Babboni

How Social Media Can Affect Your Insurance Claim

How Social Media Can Affect Your Insurance ClaimIf you have been injured in an accident and are in the midst of filing your insurance claim for compensation, then it is important to be aware of what you are posting on social media. Posting the wrong thing online can be extremely detrimental to the success of your claim.
Social Media Monitoring for Insurance Investigations
Following an accident, you should file a police report and then file an insurance claim with the insurance company. However, many people won't tell you that you should also go online and make your social media accounts private or at the very least, make sure what you post does not reveal any details regarding the accident you are filing the claim for. 

Social media monitoring is becoming more and more prevalent in the insurance industry. Currently, there are more than 2 billion users on Facebook alone who are documenting the events in their daily life and often revealing small and somewhat minute details pertaining to the accident that could mean denial of their claim.

Insurance investigators are finding a gold mine when it comes to the claimant's social media accounts. For example,... read article

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Michael J Babboni

What You Need To Know About Multi-Vehicle Crashes

What You Need to Know About Multi-Vehicle CrashesWhen you are involved in a car accident with just one other car, it is probably going to end up being a pretty straightforward and clear-cut process. You will file your police report, file your claim with the insurance company, and prove that the other driver is responsible. But what happens when it is a multi-car accident? Do you take the same steps?
Who is Responsible?
Most times, the person who hits another vehicle from behind is often deemed responsible for the accident. The assumption in these cases is the car in the back was unable to maintain a safe distance from the other car, and it resulted in an accident. However, when there is more than one car, liability is much harder to prove.

A multi-car accident is a chain reaction, and you must determine what action set off the chain in the first place. Were the other drivers involved speeding or following the other car too closely? 

The police report is just one way people can try to prove fault. Everyone will be able to file their report and tell the details of what happened.... read article

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Michael J Babboni

5 Important Qualities Of A Good Trial Lawyer

5 Important Qualities Of A Good Trial LawyerThere are many cases in which having an experienced lawyer on your side is important. They can offer you legal advice, coach you through a case, and provide the technical skills you need to face legal problems. And should your case ever go to trial, there’s nothing better than having an experienced trial lawyer walk into the courtroom with you.
Choosing The Right Lawyer For Your Trial
Although winning a case that goes to trial depends on many things, the lawyer who represents you is one of the most important.

• A lawyer who is well-respected by their peers and the opposing counsel can help with the settlement process.

• A lawyer who has a lot of trial experience can lessen your fears and anxieties when you walk through the door.

• A lawyer who has seen the inside of a courtroom more than once (or twice) knows how to prepare and perform well.

The only thing you have to do is find the right one. Start by looking for these 5 qualities as you embark on your search.

• Experience with the area of specialization. If you need a lawyer... read article

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Michael J Babboni

A Legal Guide For Newbies: The Florida Laws You Need To Know After A Car Accident

A Legal Guide For Newbies: The Florida Laws You Need To Know After A Car AccidentWhen you’ve been in an accident that was the fault of another person, you are legally protected by Florida law. Understanding your rights under Florida law, however, can be very difficult. That is why it is always recommended you hire a legal expert after any car accident, so your rights are protected. However, if you understand a few key concepts, understanding your rights after an accident can be a little easier.
An Explanation Of The Three Key Legal Concepts
Here is a basic overview of the most important legal concepts you need to understand after you’ve been in a car accident:

• Damages: Damages are covered by 2011 Florida State Statute Title XLV Chapter 768 Section II “Damages”. Damages are defined as a payment made to a plaintiff (the individual filing the claim or lawsuit against the negligent party) for harm or injury a result of the defendant (the individual responsible for the accident). Damages cover everything from tangible harm like medical bills to intangible harm like pain and suffering. The amount of damages for the negligence depends... read article

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Michael J Babboni

Dangerous Dogs And The Damages They Can Cause

Dangerous Dogs And The Damages They Can CauseSome people say that a family isn’t complete until it has a dog. Therapy dogs can be lifesaving, emotional support dogs can be sanity saving, and a dog who loves you unconditionally can save you from a bad day.

But what happens when man’s best friend turns unfriendly? What do you do when a random encounter goes wrong and you end up the victim of a dog bite? With 4.5 million people suffering from dog bites each year, it’s good to know what to do if the unfortunate event happens to you.
Most Dangerous Dogs
The two most dangerous breeds of dogs are Pit bulls and Rottweilers, but there are other dogs that are considered to be dangerous based on their attacks on humans in the past 13 years:

• German shepherd
• African bulldog
• Mastiff/Bullmastiff
• Husky
• Cane corso
• Labrador retriever
• Boxer
• Doberman pinscher
• Alaskan malamute
• Mixed breeds

In the U.S., research shows that the Pitbull was responsible for 284 fatal attacks between 2005 and 2017. During this same time period, Rottweilers caused 45 fatal attacks, and German shepherds caused 20.

Aside from the fatalities, 28,000 people in the U.S. had... read article

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Michael J Babboni

Did Someone Else’s Negligence Cause You To Slip And Fall?

Did Someone Else’s Negligence Cause You To Slip And Fall?If you’ve ever heard about the burden of proof, slip and fall cases might just be the prime example of where it is needed. You might think that when you slip and fall on the property of another party that you have the right to be compensated for any injuries that occur. While this is partially true, the burden of proof falls on the injured party to prove one thing: negligence.
Proving Negligence
When it comes to slip and fall accidents, you must prove that it was another party’s mistake (negligence) that caused or contributed to your injury. No matter where you are, a property owner has a duty to maintain premises that are in safe condition for all who visit. If an injury occurs as a result of their negligence, the property owner can be held accountable in Florida.

There are four elements to proving negligence in a slip and fall case in Florida:

• Duty – Proving negligence in a slip and fall case starts with proving that the property owner had a duty to maintain premises that were in a reasonably safe... read article

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Michael J Babboni

Don’t Make These 6 Mistakes After A Car Accident

Don’t Make These 6 Mistakes After A Car AccidentEveryone knows what to do after a car accident; don’t they? You might think that you would know exactly what to do and how to act after you’ve been involved in an accident, but the experience can overwhelm even the clearest thinker. Before you make the mistake of exchanging information and moving on, take these 6 mistakes into consideration and avoid making them at all costs.

Mistake #1 – Not calling the police. No matter how, where, or why the accident occurred, there should be documentation of the incident. Calling the police is your top priority once your vehicle is stopped and safely out of harm’s way. In some states, it’s a legal requirement to contact the authorities after an accident.

Regardless of the law, even if the damage is minimal; even if everyone “feels fine;” even if the other party is begging you not to call; grab a phone and dial 911.

Mistake #2 – Underestimating your injuries at the scene. Some people feel only minor pain after an accident and assume that they’ll be okay after a few days. Wrong. The slight pain... read article

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Michael J Babboni

Five Most Common Causes Of Semi-Truck Accidents

Five Most Common Causes Of Semi-Truck AccidentsAuto accidents involving a semi-truck are particularly devastating because of the sheer size of the vehicles. The average semi-truck is 57 feet long and weighs 80,000 lbs, when the average car only weighs around 4,000 lbs. When you get hit by a semi-truck, it can cause a lot of damage to your vehicle and put you at risk for really severe injury. What’s worse is that filing a claim to get compensation for your damages is more complicated because the laws around trucking accidents are more complicated.
What Causes Trucking Accidents?
The following are the five biggest causes of trucking accidents:

• Distracted Driving: Distracted driving is the number one cause for all motor vehicle accidents in the United States including trucking accidents.

• Poor Vehicle Maintenance: Commercial trucks can drive thousands of miles in a day. That creates a lot of wear and tear on the vehicle. If the vehicle is not properly maintained, it can cause a mechanical issue that ultimately causes an accident.

• Mechanical Failure: Like all motor vehicles, trucks can have mechanical issues. Their breaks can malfunction, their steering wheel can lock, or they can... read article

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Michael J Babboni

Getting Fair Compensation For Pain And Suffering

Getting Fair Compensation For Pain And Suffering After an accident, dealing with injuries can put you on a long and difficult road to recovery. Broken bones, lacerations, burns, and other physical injuries can take months, sometimes years, years to heal. Physical ailments are tough enough to deal with, but what about the injuries that go beyond the physical?
What Does Pain And Suffering Mean?
Pain and suffering is a term that many people have heard of, but not everyone understands. Pain and suffering relates to the way an accident affects your quality of life. It can relate to the psychological trauma that occurs after the accident, such as anxiety, insomnia, fear, or depression. It can also relate to the stress and mental anguish that you feel as you try to rehabilitate from your physical injuries.

Pain and suffering compensation is different than the compensation you receive for medical bills and lost wages. It’s compensation for the loss of comfort and happiness that you would have had if the accident had not occurred.
Start With Medical Treatment
The most important thing that you can do after a car accident is to seek immediate medical treatment. Your... read article

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Michael J Babboni

How Do I Prove Liability In A Car Accident?

A Legal Guide For Newbies: The Florida Laws You Need To Know After A Car AccidentIn most vehicle accidents, it has to be determined who is at fault, also known as who is liable for the accident. It may seem pretty clear cut to you that the other driver was at fault, but the state of Florida uses a comparative fault system to determine liability. Comparative fault assigns a percentage of liability to each driver and that is used to determine the compensation. In order to get the maximum amount that you are owed after an accident, you not only have to prove liability. You will also have to prove how most, if not all, of the fault lies with the other driver.
How Do I Prove The Other Driver Is At Fault?
It is very important that you prove the other person is liable for the accident. This is where a lawyer is vital. Fault is usually determined by insurance adjusters who have their company’s interests to consider and will try to assign as much fault to you as they can knowing they can pay less. In order to prove the... read article

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Michael J Babboni

How Liability Is Determined In Florida And Beyond

How Liability Is Determined In Florida And Beyond In the state of Florida, fault is one of the most important aspects to any personal injury case. Whether it’s in regards to a slip and fall injury, or injuries sustained in a motor vehicle accident, fault determines who can receive compensation after a loss. The determination of fault can also make a difference in how much money is awarded for injuries sustained.
Percentage Of Liability
It’s not always easy to decide fault in a loss when liability falls in a gray area. Sometimes, multiple people can be held responsible for an incident. In some circumstances, even the injured party can be held partially responsible. The term comparative negligence means that it is possible for more than one party to be at fault when injuries occur as a result of an accident or incident.

Since 1973, Florida has been known as one of the 12 states that fall under a comparative fault system. This means that whatever the amount someone is found negligent in an incident, the recovered compensation will be limited by that amount.

For example, if you are involved in an auto accident with... read article

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Michael J Babboni

I’ve Been Hurt In An Auto Accident! Do I Have A Personal Injury Case?

I’ve Been Hurt In An Auto Accident! Do I Have A Personal Injury Case?A personal injury case is a civil lawsuit brought by you for injuries you sustained against the person or company that has been negligent. This allows you to be compensated for your medical bills, lost income, pain and suffering, and costs as a result of the accident. Before you contact a lawyer to file a claim you should be able to answer yes to one or more of the following:

Did I suffer a personal injury? This includes physically, mentally, or emotionally.

Was I injured because of someone’s or an entity's negligence?

Do you have damages from the accident that can be recovered financially? These include:

○ Lost wages
○ Medical bills
○ Physical pain and emotional suffering due to your injuries
○ Diminished quality of life
○ Future earnings and medical bills
○ Loss of companionship
What Does “Negligence” Mean?
In Florida, negligence is when the person or entity, as a result of their actions or even lack of action, causes an injury to another person that could have been avoided. Florida law defines negligence as a failure to act with a level of care that a reasonable... read article

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Michael J Babboni

Is Florida A No Fault State? Does That Impact My Accident Settlement?

Is Florida A No Fault State? Does That Impact My Accident Settlement? A lot of people refer to Florida as a “no fault” insurance state. When in fact, Florida uses a system of comparative fault to determine who is liable for the damages caused by an accident. The confusion comes from the legal requirement to have “personal injury protection” insurance. All Florida residents are required to carry a minimum of $10,000 of personal injury protection by law. This law was enacted to make it easier for people who have been injured in an accident to obtain medical care. PIP operates off of a “no fault” system and will go to your injuries regardless of who caused the accident.
How Does PIP Impact Settlements?
No fault insurance is easily misunderstood by the average driver. They are often under the assumption that because they carry “no fault” or PIP insurance they can’t be sued for liability by the other driver. When an accident occurs, the drivers contact their own insurance companies and their own PIP insurance covers the medical expenses and lost wages for you and your passengers to a set amount. The only way... read article

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Michael J Babboni

Soft Tissue Injuries Can Be Hard To Handle

Soft Tissue Injuries Can Be Hard To Handle Don’t let the label “soft tissue injury” fool you. This type of injury can be anything but soft when it comes to the pain it can cause. The main difference between a soft tissue injury and an injury such as a broken leg is that many soft tissue injuries cannot be seen.
What Is A Soft Tissue Injury?
Soft tissue injuries are injuries to the soft areas of the body, such as ligaments, tendons, skin, and muscles. There are soft tissue injuries that are visible on the skin, such as lacerations that can lead to blood loss and contusions that can lead to bruising. In a car accident, the main type of soft tissue injuries include those that are not visible, such as sprains, strains, and muscle tears. This type of injury does not present itself in an X-ray or other diagnostic tool in the same way that a broken bone does. The pain, however, can be just as severe.
The Most Common Soft Tissue Injury In A Car Accident
The most common type of soft tissue injury after a car accident is whiplash. The medical... read article

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Michael J Babboni

Taking A Walk Should Be Good For Your Health

Taking A Walk Should Be Good For Your Health When the New Year rolls around, many people resolve to make good health their main priority. This can involve eating better and getting more exercise. Taking a brisk walk on a regular basis will not only help you meet part of your goal, it will also help you:

• Maintain a healthy weight
• Prevent chronic conditions such as heart disease, type 2 diabetes, and high blood pressure
• Strengthen your bones and muscles
• Improve your balance and coordination
• Reduce depression and anxiety

Walking outside is a great way to add a healthy dose of fresh air to your walk, and it’s a great way to enjoy the Florida sunshine. Unfortunately, many pedestrians who are innocently enjoying their daily dose of exercise are hit and injured by drivers in the U.S. every year.
Know The Rules To Avoid Becoming A Statistic
Between 2005 and 2014, there were 46,149 pedestrians killed by cars in Florida; 4,884 of them were killed in 2014 alone. Nine out of the 20 most dangerous metropolitan areas for pedestrians in 2016 were in the state of Florida. While no one wants to think about,... read article

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Michael J Babboni

What Is A “No-Contact” Motorcycle Accident?

What Is A “No-Contact” Motorcycle Accident?As a biker, there is always that chance that to avoid a collision you end up laying the bike down. This is called a “no contact” accident. In these cases, the driver of the vehicle can be held liable for your damages and injuries, even though you did not come in contact with the vehicle. You do have to prove that the driver was failing to be careful or in legal terms “negligent”.
How Do I Prove The Other Driver Was Negligent In A Motorcycle Accident?
Negligence, as defined by Florida law, is the failure to exercise reasonable care. Negligence is determined by examining the “reasonable person” standard. That states a reasonable person would have acted a certain way under those circumstances. By not doing so, they are being negligent. In order to determine negligence, it is important to consult with a lawyer as usually the at fault driver’s insurance will do the investigating and their goal is to settle as quickly and cheaply as possible.

One way that negligence is determined is at the scene of the accident. When the police arrive they will look for factors that... read article

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Michael J Babboni

What Is A Consultation With A Personal Injury Attorney?

What Is A Consultation With A Personal Injury Attorney?When you’ve been injured in an accident, one of the biggest decisions you will face is whether or not to hire a personal injury attorney. No matter the circumstances of your accident, it is always recommended that you speak to a personal injury attorney. A personal injury attorney can help protect your rights and ensure that you get fair compensation for your damages. Your first meeting with an attorney will help you determine if you need an attorney, as well as which attorney to hire to represent you.
When You Should Schedule A Consultation With An Attorney
The best time to schedule a consultation with an attorney is immediately after an accident. However, most people don’t feel comfortable speaking with an attorney right away. A lot of us feel like our accident isn’t bad enough to need legal representation or think that attorneys will only complicate the process. If you are on the fence, here are some questions to ask yourself:

● Are my injuries so severe that they are impacting my life?
● Will it be a long time before I recover from my injuries?
●... read article

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Michael J Babboni

Will Your Auto Insurance Protect You In Accident?

Will Your Auto Insurance Protect You In Accident?After 27 years of helping auto accident victims in St. Petersburg, FL we have seen how insurance companies work against victims. After a car accident, most insurance companies focus on protecting their profits over their customers. They use a variety of tricks and techniques to get out of paying a fair settlement.

However, sometimes the problem also lies in a lack of comprehensive insurance coverage. If you haven’t gotten the right coverage, it can be extremely challenging to get the compensation you need to cover your injuries. Before you buy your next auto insurance policy, read this guide to make sure you are protected after an accident.
Why Comprehensive Insurance Coverage Is Important
Many times when we buy an insurance policy for our vehicles, we are looking for the cheapest rates. This is a good tactic when comparing insurance companies, but not when it means cuts to the protections in your policy. It is really important that you have good auto insurance coverage because when insurance companies try to get out of paying, you will have a stronger claim to your money. It will also help you... read article

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Michael J Babboni