On July 18, 2014, Florida became the state in the nation to provide for the largest amount of damages ever in a wrongful death claim related to smoking. A jury awarded more than $23 billion in damages in a suit filed against R.J. Reynolds, the second-largest tobacco company in the United States.
Michael Johnson, Sr., died of lung cancer at the age of 36 after a lifetime of smoking. His death left his widow distraught and challenged to care for their two children. Her case is one of many thousands regarding smoking that have entered the books in Florida over the last several years.
According to a 2006 ruling by Florida’s State Supreme Court, plaintiffs who are suing tobacco companies need only prove that a deceased party was addicted to cigarette smoking and that smoking caused his or her death.
Although a huge selection of cases involving tobacco-related illness and wrongful death have been on the books in Florida, the immense amount of money in play has sent this particular case skyrocketing to... read article
A collision or other motor vehicle accident with a truck driver can leave you with severe, debilitating injuries for life. The average “semi” truck is more than fifty feet long and can weigh up to 80,000 pounds -- that is to say, 40 tons.
By comparison, the average passenger car is somewhere between 3,000 and 4,000 pounds. Even a “glancing” collision with a large truck can completely decimate the car and may severely injure or kill anyone inside the smaller vehicle.
Because of the significant health consequences of a truck collision, time is of the essence in reaching a settlement. You need an expert attorney who understands the ins and outs of truck accidents in order to reach your goals in a reasonable period of time.
Likewise, the scene of a truck accident can be difficult to navigate and the evidence that you may need can be hard to find. Your legal team should understand the critical ways of establishing the true responsibility in an incident so that your rights can be protected.
We... read article
A slip and fall case can leave you with life-long injuries that may require ongoing care for the rest of your life. Unfortunately, slip and fall cases are not easy to resolve, and can take months or even years to be completely settled.
Before you get involved in a slip and fall case, understand the following:
Slip And Fall Can Happen In The Home, Not Just In BusinessesIf you have been the victim of a slip and fall injury in a private home rather than a business, you can still take the case to court. Likewise, if you slip and fall in a public place, it can be possible to collect damages from the entity or individual responsible for that space.
You Must Be Ready To Prove Negligence In A CaseIt is crucial to work with a good slip and fall attorney because the burden of proof lies heavily on you, the plaintiff, in this kind of case. It has to be “more likely than not” that the defendant acted negligently... read article
If you have been paying attention to attorneys’ advertisements lately, you will notice that many law firms describe themselves as “aggressive.” What does it really mean to be “aggressive” in terms of practicing law, and how does it help you, the plaintiff, reach your goals?
Anyone can claim to be “aggressive,” but what many people don’t realize is that you can really find out whether or not a law firm has been aggressive or not by reviewing its cases. And yes, though this trait is often overused in commercials, it does make a very substantial difference.
The Importance Of An Aggressive Personal Injury Lawyer Stated In Plain English
When you have been wrongfully injured as the result of someone else’s actions or negligence, there is often a great deal of bluffing that goes on from the side of the defense.
The defending side wants to do everything possible to prevent such a case from going to a jury.
Generally speaking, juries are sympathetic to individuals who have suffered from wrongful injury.... read article
These days, it seems there are more sinkholes opening up throughout the state of Florida than ever. Although sinkholes are relatively rare, residents of Florida live at enhanced risk of these disasters -- since 2010, nearly 300 sinkholes have opened up all across Florida.
The latest sinkhole -- found in Hillsborough County, near Tampa -- is more than a hundred feet wide and thirty feet deep as of the time of this writing. Because of the nature of sinkholes, it is impossible to know whether it is done growing or will continue to expand.
Homeowners have very little warning when it comes to sinkholes. In March, 2013, a man in Hillsborough “disappeared” after a sinkhole suddenly opened up under his bedroom. That man’s body was never recovered.
Sinkholes are highly unpredictable and can happen at any time. In the event of a sinkhole, the only safe course of action for anyone within a home is to depart the premises as fast as possible. However, that does not mean that your legal options are... read article
As of this June, automobile recalls in the United States have reached record levels. More vehicles than ever before in the history of the nation are now impacted by recalls from automotive manufacturers -- and more recalls may still be looming on the horizon.
Automotive recalls are typically “voluntary” actions by automotive manufacturers -- however, they can also be mandated by law when discoveries are made that suggest a significant public safety hazard based on the engineering decisions used to develop a particular vehicle.
In truth, “voluntary” recalls sometimes come at the end of a long period of dodging responsibility and obscuring the facts of public safety concerns.
For that reason, even after a recall is issued, automotive manufacturers may still be found partially responsible for accidents that took place years before that date.
The Age Of Auto Recalls Hits America -- What It Means For The Average Motorist
As of this writing, more than 31 million U.S. vehicles have been recalled in 2014. That vastly exceeds the previous record, which was 30.8... read article
If you have been involved in a car crash, the battle to protect yourself against spurious claims by insurance companies and other parties begins right away. Even if you are completely confident that you are not at fault, you will still need to act fast to help prove that another party was the one responsible.
When you have been in a crash, what should you do in order to help your car crash lawyer? The basic rules are the same, whether you are in Florida or anywhere else, and regardless of who else was involved in the incident.
Let’s take a quick look at them right now:
Never Admit Fault Or ResponsibilityAt no point during the events leading up to a civil suit related to a car crash is there any reason for you to assert, by voice or in writing, that you were responsible in any form. You can refuse to give statements until an attorney can help you.
Write Down Your Version Of Events PromptlyIn order... read article
Even under the best of circumstances, insurance companies will do everything possible if they think they can avoid paying out a claim. Sadly, this has become part of the business model that much of the insurance industry operates under all throughout the U.S., not just here in Florida.
When it comes to automotive accidents and other personal injury cases, insurers are especially proactive in trying to undermine your legitimate insurance claims. In fact, insurance agents sometimes beat police officers to the scene of an accident.
Within a very short time of an accident, most insurance companies will already be actively investigating. From there, they’ll throw all the tactics in the book at you -- even if you are clearly in the right.
Insurance Companies Know The Average Person Can’t Sustain A Drawn Out Legal Fight
One of the most common tactics that insurance companies use in these situations is offering a low amount. They know that most people find the idea of a protracted battle with an insurance company to be exhausting,... read article
If you or a loved one has recently suffered traumatic brain injury as the result of an accident, you know that there can be a great deal of uncertainty in the diagnosis. Each brain injury is different, and the ways that it could impact an individual are very complex.
If you sustain a brain injury, it is important to be seen by a specialist right away. When your health has been fully evaluated, you should maintain copies of all relevant records.
Your brain injury lawyer will need these records to help you establish the extent of the monetary damages to which you may be entitled.
Typically, brain injuries include the following complications:
Difficulty remembering facts, either in terms of long-term or short-term memory.
Trouble with balance and locomotion, which can include partial paralysis.
Difficulty speaking, even when thoughts are clear and fully-formed.
See A Doctor Right Away -- Your Specific Diagnosis Has A Major Impact On Your Case
Because of these profound issues, individuals who suffer from a brain... read article
If you have never had any legal concerns in the past, choosing an attorney can be a very daunting task. It is made especially difficult when you are dealing with a personal injury case in which you must deal with the consequences of injury while supporting your case’s resolution.
Here at GetMeJustice.com, our attorneys believe in providing you with clear, factual information so that you can make the right choice. No matter whether you use our law firm or not, we stand behind the belief that getting effective legal representation is absolutely critical.
In a personal injury case, your attorney must have an in-depth understanding of the law in order to help you prove that you did not contribute, or contributed only minimally, to your injury and that the negligence, action or inaction of another caused you to be injured.
That requires expertise that not all Florida lawyers can offer. Luckily, you can be proactive.
How can you be sure if your prospective lawyer is the right one?
Ask Them About Their Recent Cases
An experienced... read article
Attorney Michael J Babboni
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