Injury Law Firm Blog

Click It Or Ticket: Florida Highway Patrol Pushes For Safety

Clicket Or TicketA campaign by the FHP to reduce injuries and deaths of drivers is underway. Part of a larger national push to get more drivers and passengers to wear seat belts. The campaign began this past Monday and will continue until June 2nd.

Captain Nancy Rasmussen of the Florida Highway Patrol explained that seat belts are far and away the easiest and simplest way to save lives and for drivers to protect their passengers.

During a car crash there are extreme forces that can throw drivers against or even through a windshield, slam them against the interior of the vehicle or even throw passengers out through the side windows. A seat belt will keep passengers securely in place and allow the  newer, better engineer vehicles to absorb and dissipate the energy of the collision.

As part of an experienced personal injury law firm I have witnessed first hand the devastating injuries a car crash can do to those not wearing their seat belt. Many times if the drive or passenger had only paused to buckle up... ...read full post

bwalsh
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law firm


Natural Disasters Like The Oklahoma Tornado Can Bring Out The Best In Us, And Worst In Corporations

Oklahoma EF 4 TornadoIt seems we are seeing disasters from extreme weather events more and more frequently. The recent 2 mile-wide EF4 tornado that has devastated a swath of Oklahoma 2  miles wide by 22 miles long has brought swift and heroic response by every day people and first responders alike.

At Plaza Towers Elementary School, a brave teacher saved their children from injury by shielding them with their own bodies, other teachers helped to evacuate the students even when they themselves were injured badly. The National Guard, fire fighters and volunteers have worked tirelessly through the night searching the rubble for survivors. The fact that 2 elementary schools were in the line of devastation has made this disaster particularly wrenching. Those of us in other parts of the country can only hope the missing will turn up unharmed.

As with any serious disaster however many affected families will be making insurance claims to start the process of rebuilding their lives. It is at this point that humanity can show it's worst nature. As an experienced plaintiff's... ...read full post

Bell Sports Recalls BMX Bike Helmets

We want you to be aware:  Bell Sports Recalls BMX Bike Helmets.  Approximately 2,500 Bell Full Throttle Bike Helmets have been recalled by Bell Sports, Inc., of Scotts Valley, Calif.  These helmets were sold exclusively at Toys R Us between July 2012 and January 2013.  The reason for the recall is the buckle on the helmet’s safety strap can release in an accident and allow the helmet to fall off the rider, posing a risk of head injury.... ...read full post

Injuries From Trucking Accidents On The Rise As Lawmakers Try To Increase Weight Limit

Truck CrashLawmakers across the United States have recently put forth new legislation in an attempt to increase the weight limit of trucks on the road. It is expected that more people may become injured on the road as a result of heavy trucks being on the road. For those who have already been injured in trucking accidents, it is important to get in touch with a personal injury lawyer who can assist with the case.

Specifically, Ohio legislators have attempted to create new legislation that would allow a 90,000 pound truck to be driven on the highways of the state. It is expected that the bill will likely pass in the Senate. The bill has already been passed by the House of Representatives.(See "Truck Loads Weighing 90K Debated" from Dayton Daily News)

Those who oppose this legislation have stated that the legislation would cause a significant increase in the budget funds that must be used for this project. It is expected that allowing a weight increase would cost at least $40 million... ...read full post

Ten Signs Your Insurance Company Is Acting In Bad Faith

Below are a few examples of indications that an insurer is not acting in good faith during the claims settlement process. The presence or occurrence of any of these circumstances should prompt you to seek assistance from a qualified bad faith insurance attorney:

- Denial, delay, or discounting of payment(s) due without a plausible basis for the delay, denial, or discounting.

- Insurer failure to acknowledge and promptly reply when notified of an eligible claim.

- Insurer tries to settle claim for much less than a reasonable amount or significantly diminishes a claim payment so that litigation is required to recover a reasonable amount.

- Paying claim(s) without providing any statement which indicates the specific coverage(s) for which payment is made.

- Insurer requires claimant or attending physician(s) to submit both formal proof of loss and preliminary claim report(s) that contain essentially identical data.

- Failure to settle claims promptly wherein coverage and liability under one part of policy(ies) are clear in order to impact coverage settlement(s) for other portion(s) of the same policy(ies).

- Use of fraudulent or illegal investigative procedures and methodology.

- Utilizing overly intrusive, demeaning, or harassing investigate processes that re-victimized the insured or claimant.

- Unwarranted accusations of arson or other deliberate self-injury.

- Wrongful... ...read full post

NTSB Wants To Lower The Blood Alcohol Limit For Driving

Sobriety CheckMothers Against Drunk Driving has been successful over the past 20 years in getting the legal blood alcohol content driving limit reduced in all states to .08, but now the National Transportation Safety Board has issued a recommendation to all states to reduce that threshold even further to .05. The NTSB cited that all other countries in the industrialized world use the .05 impairment standard and the United States should follow suit.

The MADD association spent an extensive amount of time and financial resources lobbying to achieve the standard for drunk driving laws reduced to the current level. Although the NTSB has just released this recommendation, MADD has not been eager to sign on just yet. The lobbying association still depends on donations from within each state for continuing funding and feel they have been relatively successful already, especially with recent seat belt legislation being upgraded to a primary offense in most states.

The NTSB has little regard for any professional commercial organizations that will provide... ...read full post

edewitt
posted by Elisabeth DeWitt , in:
Alerts


SGB&W At The Tampa Bay Beaches Chamber Of Commerce Evening Networking Mixer


Shapiro, Goldman, Babboni & Walsh attended the Tampa Bay Beaches Chamber of Commerce Evening Networking Mixer – May 2013 at the Clock Tower Sports Bar & Grill in Treasure Island.

The Tampa Bay Beaches Chamber of Commerce is one of the largest chambers in the Tampa Bay area, serving beach communities from Sand Key in the north to Pass-A-Grille in the south.

... ...read full post

mbabboni
posted by Michael J Babboni , in:
Firm News


Injury Cases Are Tried By A Jury - Get A Law Firm That Can Handle The Pressure

Injury Case In Court RoomPresenting a personal injury case in front of a jury can be a stressful experience for any attorney. If you are a victim who is bringing a personal injury claim to court, then it is in your best interest to hire a personal injury attorney who has experience in presenting legal issues in front of a jury. A personal injury attorney will be able to give a vivid description of the way in which your injuries occurred. He or she will clearly show how another person was negligent in causing your injuries.

A plaintiff's attorney can help you in the process of researching the most recent case law for your case too. Recent case law can often be very persuasive authority in arguing a personal injury case in court. You should hire a plaintiff's attorney who is able to thoroughly research the case law that will be applicable for your case in your particular jurisdiction. If your case is being tried by a jury, then you will want a lawyer to... ...read full post

14 Days: Florida's New Time Limit For PIP Compensation

14 days to justicePersonal injury protection laws, or PIP laws, are designed to help those who have been injured due to negligence receive compensation for their injuries. Personal injury protection laws vary significantly across the nation, and understanding these laws can be difficult. However, those who live in Florida want to take note of the recent change. Florida PIP laws now require those who have been injured to make a claim within 14 days of becoming injured. Here are some of the ramifications of this law and what it means for those who have been injured.

Why Was The Law Changed?

PIP court cases often last for lengthy periods of time, and the cost of fighting against a claim is expensive for companies. As a result, companies regularly lobby to place limits on PIP laws. In the recent legislative session, lobbyists were able to convince lawmakers that this time limit would help businesses in the state of Florida avoid costly lawsuits. For those who... ...read full post

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The jury should not reduce the amount of damages awarded to an accident victim because they suspect some or all of the medical bills have been paid for by health insurance, workers’ compensation or comp. Medicare, Medicaid, etc. If any medical expenses have been paid by such entities, these entities are entitled to be reimbursed from any settlement or verdict received by the victim.


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