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Information About Personal Injury, Auto Accidents and Civil Law

What Is “Bad Faith” In Insurance Negotiations?

What Is “Bad Faith” In Insurance Negotiations?When you’ve been injured and are negotiating a settlement claim with your insurance, you are trusting they will negotiate with you in good faith. However, sometimes insurance companies will negotiate in bad faith. If an insurance company is negotiating in bad faith, they will not offer you a fair settlement. So to protect yourself, you will need to fight against bad faith negotiations so you are treated fairly.
What Is Good Faith?
Good faith is the premise that your insurance company will honor your contract. If you pay your insurance premiums on the agreement that you will receive a set amount of coverage, you are owed that coverage. If an insurance company is practicing good faith, they will honor that agreement. Good faith also applies to third party insurance companies. Third party insurance companies are also supposed to keep the commitment to their insured, and thus, extend fair coverage to their victims.
What Is Bad Faith?
Bad faith is when the insurance company is not keeping up their end of the agreement and instead is offering you an unfair settlement. Bad faith is not simply disagreeing on the settlement... read article

rshapiro
Attorney M David Shapiro

Do You Pay Taxes On Your Personal Injury Settlement?

Do You Pay Taxes On Your Personal Injury Settlement?So you’ve won your settlement claim and are now receiving a large compensation packet. However, you may be worried about how receiving a large chunk of money will impact your taxes. Are personal injury settlements considered taxable income? Will your injury end up cost even more money come April? The short answer, is fortunately no, but personal injury settlement taxation is a little more complicated. Here is our guide to how your settlement might be taxed.
Are Personal Injury Settlements Taxable?
Fortunately, in the State of Florida, most personal injury settlements are not taxable by state law. Personal injury settlements are also not typically taxed by the federal government either. Federal tax law excludes damages received from personal injury on gross income. This is because personal injury damages are designed to pay for things like medical bills, pain and suffering, and attorney fees. Thus, personal injury settlements are a liability and not an asset. So if you get a settlement on your claim, in general you will not be hit by a large tax bill at the end of the year.
Exceptions To The Rule
In... read article

bwalsh
Attorney Bernard F Walsh

Proving Liability On A Defective Car

Why Hire An Attorney After A Car Accident?There are several factors that can lead to a car accident. One of the unfortunately common factors is a vehicle defect. Vehicle defects create unsafe vehicles and can lead to injury and even, wrongful death. So if you’ve been injured in an accident involving a mechanical failure, you will need to prove the liability rests on the vehicle and not on driver error. This can be difficult because you have to prove the vehicle is in fact dangerous, which is a challenge if there has not been a recall notification for the vehicle. Fortunately, a qualified personal injury attorney can help.
Examples Of Defective Vehicles
There are several examples of defective vehicles that can cause injury or wrongful death including:

Defective parts that lead to brake failure, steering failure, or tire blowouts
Bad vehicle design that caused rollovers or instability at high speeds
Airbag, seatbelt, and other safety feature malfunctions

Types Of Vehicle Product Liability
Defective vehicles are considered a type of product liability, which means the manufacturer of the product is legally responsible for any accident or injury that has occurred as a result of using the vehicle. There are... read article

dgoldman
Attorney David L Goldman

What You Need To Know About Carpal Tunnel Workers Compensation

What You Need To Know About Carpal Tunnel Workers CompensationCarpal tunnel is a common workplace injury that develops after years of repetitive motion. If you develop carpal tunnel as a result of your work, you may qualify for a worker’s compensation claim. Carpal tunnel is a serious injury that can impact your ability to work, so if you’ve developed carpal tunnel syndrome you need to seek medical treatment immediately.
What Is Carpal Tunnel Syndrome?
Approximately 3-6% of all Americans suffer from carpal tunnel syndrome, that is nearly 15 million people. Carpal tunnel syndrome is a repetitive-stress disorder that occurs when the median nerve in your arm becomes pressed or pinched at the wrist. Carpal tunnel can also happen as the result of an accident that caused broken bones and fractures in the hand or wrist. Carpal tunnel impedes your fine motor skills and can be a debilitating injury.
What Are The Symptoms Of Carpal Tunnel Syndrome?
Carpal tunnel syndrome, also called median nerve compression, is a painful illness that can impact your ability to work. So it is really important if you are in an industry like computer programming, assembly line manufacturing, cashiering, or... read article

mbabboni
Attorney Michael J Babboni

Asbestos Exposure And Worker’s Compensation

Asbestos Exposure And Worker’s CompensationAccording to the Occupational Safety and Health Administration (OSHA), 1.3 million people are exposed to significant amounts of asbestos in the workforce. Asbestos exposure is a serious health risk and can lead to fatal illnesses like mesothelioma. So what happens if you are exposed to asbestos in the workplace?
What Is Asbestos?
Asbestos is a term that refers to six types of minerals. These minerals are natural and made up of tiny, interlocking fibers. Asbestos was once considered the “miracle mineral” because it was fire proof. So it was used for years as a building material to help make places fire-resistant. However after the link between asbestos and mesothelioma, builders stopped using the material. Yet since it was so prevalent, many people can still be exposed to it on the job.
What Are Some Health Effects Associated With Asbestos?
Asbestos is a naturally occurring subject that most people will encounter in their lives in the environment. However, asbestos is a carcinogen, so inhaling significant levels of asbestos fibers can cause some very serious health risks including:

Mesothelioma
Lung cancer
Asbestosis
Colorectal cancer
Gastrointestinal cancer
Throat cancer
Brain cancer
Pleura

Employer Responsibility
For people who work in industries like construction, mining, or... read article

rshapiro
Attorney M David Shapiro

Negotiation Tactics For Settling An Insurance Claim

Negotiation Tactics For Settling An Insurance ClaimIf you’ve been injured and have filed a claim, your insurance company will try to get around paying you the full amount you are owed. So you will need to be prepared to negotiate a fair settlement with your insurance company. This can be difficult since insurance companies use a variety of tactics to get out of paying the money they owe, so it is important to go into the negotiations prepared so that you don’t end up with a lower settlement than you deserve. So here are some tactics you can use when negotiating with your insurance company.
Initiate A Claim Immediately
As soon as you can after an accident or at the first sign of injury, file a claim. If you file a claim right away it will be easier to link the accident to the injury. It is also important to file right away so that you can recall details of the accident, make accurate records of the accident and injury, and get all the important documentation needed to prove your claim.
Determine The Value Of Your Claim
Before entering negotiations you should decide the value... read article

bwalsh
Attorney Bernard F Walsh

How To Prove Liability In Your Slip Or Trip And Fall Claim

How To Prove Liability In Your Slip Or Trip And Fall ClaimIf you’ve been injured in a slip or trip and fall on someone else’s property, it can be difficult proving liability. You have to determine fault, prove that the accident wasn’t the result of your own carelessness, and show a connected between the accident and your injury. This can be very difficult, so here is a guide to help you prove liability in your slip or trip and fall claim.
What Florida Law Requires
Florida law is not very clear on what constitutes property liability in slip or trip and fall cases. So it can be difficult determining liability. You have to prove that the accident could have been prevented with reasonable care by the owner. You then have to prove there was an injury and that the accident on the property lead to injury. You also have to prove that you were on the property legally and exercised reasonable caution yourself.
Proving Property Owner Liability
In order for the property owner to be held legally responsible you have to prove the following things:

The property owner had a duty to maintain the premises
The property... read article

dgoldman
Attorney David L Goldman

Airline Liability For Personal Injury

Airline Liability For Personal InjuryA lot can happen on an airplane. The most obvious is that airplane mechanics can malfunction leading to rough and bumpy flights and even accidents. However, passengers can also experience injuries during boarding and from in-cabin accidents. Airlines are legally required to provide a safe environment for all their passengers, so if you’ve been injured as the result of flying, you may have a personal injury case.
Legal Responsibility To Passengers
Public airlines are considered common carriers. Common carriers have a heightened legal responsibility and duty of care to their passengers. This duty of care extends to all of the airline’s employees including pilots, airplane mechanics, security officers, flight attendants, and ground crew. They are required to ensure that their passengers are protected from harm at every stage of the flight. Since common carriers have a high degree of standard of care, determining fault for airline injuries is easier than in other personal injury claims. If an airline or their employees have been even slightly negligent and that negligence lead to an injury, they will be held liable.
Examples Of Airline Injuries
There are several different types of injuries that... read article

mbabboni
Attorney Michael J Babboni

A Simple Guide To The Types Of Damages In Florida Personal Injury Law

A Simple Guide To The Types Of Damages In Florida Personal Injury LawWhether you’ve been injured in an accident, on the job, or on someone’s property, if you can prove liability you may receive financial compensation for your claim. This compensation is known as “damages” in personal injury law and will be awarded depending on how your injury has impacted your life. There are two categories of compensation in Florida personal injury law: Compensatory and punitive. Here is a simple guide to the types of damages that fall under these two categories.
Compensatory Damages
Compensatory damages are awarded to compensate for the costs incurred from the injury. Compensatory damages include:

Medical Treatment: The cost of any medical costs associated with the injury. These include everything from the initial diagnosis of the injury to physical therapy to the future care required as a result of the injury.
Pain And Suffering: Pain and suffering is compensation for the physical pain that you have had to endure from the injury.
Emotional Distress: Florida allows compensation for the emotional distress as a result of the injury. Things like anxiety, depression, and insomnia can all be considered for damages. Emotional... read article

rshapiro
Attorney M David Shapiro

The Top Five Most Dangerous Industries

The Top Five Most Dangerous IndustriesEvery year 3.5% of all workers are injured on the job. Anyone can be injured on the job, however there are some industries that are more dangerous than others. In these industries people are injured are much higher rates. So if you work in one of these five industries you need to not only be extra careful on the job, but you need to understand how worker’s compensation works so that you are protected against any injury. Here are the top five most accident prone industries:

1. Healthcare

Healthcare is the number one most dangerous job when it comes to nonfatal injuries. On average 8.3 out of every 100 healthcare workers will experience an injury on the job each year. That means every year, over 1.3 million healthcare workers are injured. The most common worker’s injuries in healthcare are repetitive stress injuries, slip and falls, needle sticks, and violence-related injuries.

2. Transportation

Transportation employs nearly 4.5 million people between truck drivers, mechanics, and pilots. Every year, 5.2 out of every 100 transportation employees suffers from an injury. The most common cause of injury is vehicle accidents. However, airline workers... read article

bwalsh
Attorney Bernard F Walsh

Get Help For Accident Injuries

Personal injury lawyer M. David Shapiro Hire Experience More Than 10,000 Accident Cases Settled For Our Clients
Why Choose Our Firm?
  • Millions Of Dollars Recovered
  • For Our Clients Every Year
  • Over 100 Years Injury Law Experience
  • The Resources and Experience To Take A Case To Trial
  • Over 10,000 Accident Cases Settled
  • A Highly Trained Team Of Legal And Technical Professionals

"The level of attentiveness, thoroughness, effort and care has been the same as if my case were a multi-million dollar case. David Shapiro’s professionalism and diligence is to be commended."

Client, Sarasota

"Excellent experience with this firm. Attorney Goldman was very active and involved with my case and the results were better than I expected."

Client, Sarasota

"I endorse Attorney Michael Babboni. He is a highly skilled attorney that is well respected in the legal community."

Attorney, St. Petersurg

"Bernard exceeded my expectations. He successfully represented me when I had been devastatingly injured. This attorney, along with his excellent staff, diligently, skillfully, and successfully represented me, and continues to do so."

Client, Bradenton
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