As it moves into late summer, many Florida residents are getting back into regular routines as this part of the tourist season ends. However, while families and children are returning home, many of the part time residents are also beginning to head back to the Sarasota and Tampa areas to get settled for the winter. With so much flux in the region at nearly all times, it can also become an issue when insurance claims need to be settled, since out of state and in state conditions vary greatly.
When Uninsured Is Not A Penalty
One of the bigger changes to auto insurance policies in many states is the inclusion of uninsured driver coverage. Certain states do already have this as a mandatory provision for any car insurance policy, while most other states offer it as an option. The first points that should be addressed are the fact that many policy holders are either unaware as to whether they carry this coverage or not, or they simply do not understand what the coverage means.
For many workers throughout the state of Florida, on the job injury can be a significant risk. Between agricultural and industrial employers across the Bradenton and Tampa Bay area, there are also many seasonal and temporary positions that are filled by in state and out of state workers. The result in many of these cases is that when injury does happen, the protocols for accurately filing a claim may be obscured.
A Basic Provision
Most larger employers in these industries will have workers compensation insurance, as it is a requirement for companies in certain professions and that are over a certain size for employees. However, seasonal employers will sometimes skirt the issue of compensation by coding their seasonal workers as contract employees, which essentially makes the worker self-employed. The result of this is that compensation coverage does not technically extend to these staff members, even though their presence on the work premises should qualify them for a claim.
With temporary positions that are filled, there is a similar situation. In these cases, employees are considered to be working... read article
Florida workers compensation is currently undergoing some considerable changes. One of the most prominent ones involves the extent of coverage for on the job injuries and family benefits in the event of death. What has sparked this re-evaluation of the workers compensation codes has mainly come from recent claims by firefighter for long-term chronic illnesses that are a result of the job conditions.
As this issue has been considered by the state courts, I has also led to further questions regarding how far the concept of an on the job injury can extend. The result is that other public servants such as law enforcement personnel have also come forward to address limitations for these provisions. Unfortunately, that has led to significant legal limbo on many points, and a state of frustration for victims of these events.
In The Line Of Duty
One of the most prominent points of the debate revolves around the idea of risk factors that are inherent to these types of jobs. Employer organizations claim that the known risk cannot count towards a worker's compensation claim, since it... read article
The dog has a long history of friendship and loyalty to humans, giving rise to the old cliché of “man’s best friend.” Unfortunately, there may be exceptions to this truism and occasionally those exceptions can be violent. While it doesn’t happen often, sometimes dogs do attack and harm humans. When it happens, depending on the circumstances surrounding the attack, it may constitute a personal injury case in which an attorney can represent you in court for compensation.
Context Is Everything
As with any personal injury claim, when it comes to determining whether you have a case that can stand in court, any injury attorney you consult will want all the facts to see who is at fault and proceed with the case. This is the most important early step, as the circumstances behind the attack can dramatically alter the nature of the case. For example, if the dog was confined to the owner’s property, and there were warning signs around the property of a guard dog, but you decided to climb... read article
Accidents and injuries that lead to long-term rehabilitation are highly common in the Florida Gulf Coast region, from Venice all the way up to Tampa/St. Pete's. Between on the job injuries for labor intensive industries to basic pedestrian accidents, the results of what might initially seem like a small injury can easily escalate into an ongoing process to restore quality of life.
There are several issues that individuals who are recovering from an injury can face:
• Actual insurance coverage that is available
• Specific provisions within the language of the coverage
• Environmental location of where the injury occurred
• Accountability in legal proceedings
• Scope of recovery protocols
This can make navigating the results of an injury a challenge for many individuals.
Adding Insult To Injury
A further concern that many residents will also face is that timing in making insurance claims can be pivotal to how compensation is handled. This point will include such factors as:
• Appropriate documentation
• Filing through the proper insurance channels
• Timing for making claims under the given insurance provisions
As a result, the combination of all these variables become highly important when personal injury lawyers review a case... read article
When you get into an accident, whether at home, at work, or on the road, there are a lot of things that can go wrong. You could wind up with a deep cut on your arm, a broken leg, or severe burns. You may get sliced by metal or glass shards or damage an organ. Worst of all, you could damage that most precious organ of all: your brain.
Traumatic brain injuries range from the mild and short-lived to the severe and life-threatening. While it’s easy enough to tell the one from the other at the scene of the accident, it’s an unfortunate fact that the effects of a brain injury may linger for months or years no matter how innocuous it seemed at first. Even worse, the injury’s effects may lie dormant for years before suddenly erupting.
Here are just a few of the many issues you may have to look forward to after sustaining a concussion or a head wound:
• Constant migraines. Imagine the worst splitting headache you’ve ever had. Remember how poorly... read article
When it comes to making insurance claims in the Bradenton area, many victims are not fully aware of the differences in rights they may have. This can be highly based on the coverage that each involved party carries, but it can also be a factor of the circumstances of the accident.
• Truly accidental injury that is considered the fault of another
• Malicious injuries at the fault of an outside party
• Injuries resulting from accidents that could be considered mutual fault
All of these factors will greatly influence the course of action that a victim and their attorney may take, but it is important to understand the differences in provisions in order to attain the most appropriate compensation.
In automobile injury claims, these points become even more important, since changes in insurance provisions and requirements are also impacting these types of cases. As a result, this also provides several insurance channels that can be utilized for compensation of injury.
At Fault Injuries To Pedestrians
As many Bradenton residents know, an afternoon jaunt on Siesta... read article
In the Bradenton Florida area, full time residents are highly aware of the differences in traffic and driving habits as seasonal tourists flock to our shores throughout the year. Unfortunately, unfamiliarity with area driving, and our somewhat bewildering street grids in Bradenton also contribute to a number of bodily injury accidents that will occur throughout the year.
Many out of state drivers will have different coverage provisions which may or may not actually accommodate for the responsibility that is required in handling the fall-out from an accident. Further, a large majority of area residents have also had the experience of becoming a victim of a car accident while they are actually pedestrians, and this can further complicate the issue.
Understanding Uninsured Pedestrian And Bodily Injury Claims
While insurance laws across the nation are in a current state of flux, Florida residents do have the ability to take proper steps in ensuring that if legal action for an auto injury case is necessary, the proper foundation for a case is also in place. This also addresses one of the more impactful changes... read article
Nobody wants to see a loved one die. Nobody wants to be classified as a “nearest living relative” or as a “survivor.” Death may be a fact of life, but it’s not something that most people would invite upon themselves or those close to them.
Unfortunately, while we’d all love to live a long, full life, it’s not something that everyone gets to enjoy. Sometimes a life is cut short by an untreatable disease and sometimes by an unavoidable accident, but sometimes the cause is entirely avoidable, an act of malice or of negligence which is directly responsible for your loved one’s untimely end.
The purpose of a wrongful death suit is to address these situations and to provide some closure to the relatives and the estate of the one who passed away. There are numerous reasons to file a wrongful death suit:
To Assign Liability
Civil suits don’t determine guilt or innocence, and proving criminal negligence is quite obviously a matter for a criminal court. However, they can determine who may have been negligent in maintaining... read article
Worker's compensation issues in Florida are continuing to heat up as ongoing rulings to favor more just and adequate provisions are being evaluated. This ongoing process is also a general legal issue, in that Florida's worker's compensation has been utilized as the only means of gaining recourse for on the ob accidents. However, this is not only limiting to the victims fiscally, but also in terms of overall rights.
The biggest concern that worker's compensation laws pose is that injured parties essentially have two choices in their course of action. Accepting worker's compensation can provide for medical and lost wages, but these provisions are highly stringent, both in the medical care that may be sought and compensation for any adjunct issues that arise from the injury.
In accepting worker's compensation, injured parties are also giving up their right to pursue further legal action on a civil level for pain and suffering or long term complications. As the full extent of compensation is not always known in advance, this further poses an unjust situation that can greatly impact... read article
Attorney Bernard F Walsh
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