injury law firm

Getting A Fair Accident Settlement

The potential for a personal injury to change a person’s life is substantial. If the injuries are severe enough, then the long-term effects can range from an inability to go back to work all the way up to issues with being able to get around. If you are the victim of a serious accident that was due to someone else’s negligence, then you do not want to count on the insurance companies to do the right thing. When you are looking forward to compensation to turn your life around, you want to have an experienced injury lawyer working on your side. Only an experience attorney should be trusted to fight the insurance companies and get fair compensation.

When you are seeking an accident settlement, you are only seeking funds that are going to compensate you for the initial loss of property and wages due to the accident and any potential long-term income loses. When you are involved in an accident that was not your fault and you are unable to go back to your job, then that can affect the rest of your life. You will need to find a new way to generate an income and then you... ...read full post

posted by Bernard F Walsh , in:
auto accident injury law firm personal injury

Car Crash Attorney - Addressing An Event That Can Change Your Life

There are few things in life that can be so sudden and impact your life as quickly as a car crash. Even the term “car crash” has a violent and sudden connotation to it that makes people cringe when they hear the term. Now imagine that you have been in a violent car crash and your life is about to change. What do you do? Where do you turn? How will you survive? There is a great deal of pain, confusion and fear for the victims of a sudden car crash. A car crash attorney is the professional that will get the answers to those questions as well as have the process that you will follow to get your life back. A good attorney can make a terrible situation better and get you what you need to move on with your life.

After you have been initially treated for your injuries in a car crash, you will need to evaluate your life and see where you stand. Are you able to go back to your job? If not, what will it take to get you back into the work force? How will you pay your bills while you are trying to... ...read full post

posted by Bernard F Walsh , in:
auto accident injury law firm personal injury

Why An Injury Claim Lawyer Is Important In Your Accident Case

It is not unusual for people to develop a blind faith in insurance companies. This is especially true if you have only had minor experiences with your own auto or homeowners insurance company. When a tree falls on your car, the chances are very good that you will get excellent customer service from your insurance company. The reason this happens is because it is the insurance company that you are paying premiums to. As long as you do not make excessive claims, then the insurance company is going to want to retain you as a customer. But if you are ever in an accident and try to deal with the negligent party’s insurance company, then you will start to understand why an injury claim lawyer is so important when dealing with insurance companies.

When an insurance company has to make a significant payout to a person that was the victim of an accident their policyholder caused, then you will find that insurance companies are not nearly as friendly as you remember them being. Before the insurance company will pay you any compensation, it is going to want to see evidence from the accident. The insurance company evaluates the evidence and then... ...read full post

posted by David L Goldman , in:
injury law firm personal injury

Wrongful Death Lawsuit - Getting Help Moving On

Losing a loved one can be one of the most difficult things that you face, and it's even worse when their death was caused by the recklessness or negligence of someone else. Medical bills and funeral expenses are hard enough to deal with, but the emotional and mental anguish you're feeling will be tremendous. While pursuing litigation through a wrongful death lawsuit won't help ease your sorrow, it can help to remove some of the stress and financial burden that the loss of your loved one has put you under. Don't just suffer on – find someone to help you seek compensation for your loss.

If a death occurs through the fault of another party, that party can be held accountable as a defendant in a wrongful death lawsuit. As a result, the defendant could be ordered to pay out a sizeable sum of money to the family of the victim. Wrongful death can put a huge financial burden on those that are grieving and cause even more stress than would occur through an accidental death that isn't the fault of someone else. Settlements of millions of dollars have been awarded to the families of... ...read full post

posted by Bernard F Walsh , in:
Florida Law injury law firm personal injury wrongful death

Car Accident Attorney - The Information A Car Accident Attorney Collects

One of the reasons that people allow an insurance company to avoid paying out a fair settlement after a serious car accident is because the victim and his family are unfamiliar with how the settlement process works. If you become the victim of a serious car accident, then you need to have someone on your side that understands the process and has experience in getting the results that you need. A car accident attorney is going to be able to help you get the financial settlement you need to pick up the pieces of your life and get back on your feet. It takes experience to know what information a court needs to hear to rule in favor of an accident victim. That is the kind of experience you are looking for with a good lawyer.

A car accident attorney is going to collect all of the information necessary to re-create the accident and get all of the responsible parties involved. Your lawyer will collect names, dates and a long list of other pieces of information that will help to put together the facts on what really happened. Then the courts will get to see how responsible the other party was... ...read full post

posted by M David Shapiro , in:
auto accident injury law firm personal injury

Injury Settlement - Help When You Need It

Injuries are part of life, pure and simple. If we're lucky, we only have to deal with a few minor issues and then move on. If we're not, major injuries can occur and leave us struggling to get by. An injury caused by an accident that isn't your fault is usually the most frustrating, difficult thing to deal with because knowing that you're incapacitated and that someone else is to blame is infuriating. The high medical costs and other financial issues an injury causes only make this fact worse. As a result, you need to seriously consider contacting an attorney about an injury settlement as soon after your injury as you can.

When you're trying to recover, the last thing that you want to deal with is legal action. But you really usually have no other choice due to the increasing bills you're facing as a result of your injury. Your insurance company could pay for a small sliver of those costs, and the other party's insurance company could as well. But they're normally far, far from the total financial burden you're facing. An attorney can fight for your rights and get... ...read full post

posted by Bernard F Walsh , in:
injury law firm personal injury

Why You Need A Personal Injury Lawyer After Your Accident

An Insurance company will have millions, and sometimes billions, of dollars in
assets that it can call on to protect its own interests. It can seem unfair, but insurance companies will look to preserve those assets even against victims of major auto accidents. If you are ever injured in a serious car crash, then you should have your medical bills and compensation covered by the other party’s insurance company. If your financial needs are not being met by the insurance companies, then you need to hire a personal injury attorney. A lawyer will speak for you in the courts and make sure that the insurance companies are made to pay their fair share for your situation.

People do not want to have to think about hiring a lawyer when they are involved in a serious auto accident. But if the insurance company does not meet its financial obligations to you, then you need to protect your interests. A personal injury attorney will contact the insurance companies for you and make sure the companies understand your case. A good lawyer will lay out what should be considered fair compensation from the insurance companies and then try to get the companies to agree to... ...read full post

posted by Bernard F Walsh , in:
auto accident injury law firm personal injury

Finding Help After A Serious Truck Accident

There are several reasons why people get into accidents with trucks. Two of the most common causes of truck accidents are slippery road conditions and driver fatigue. If you are ever involved in an accident with a truck, you may find yourself in need of the kind of financial assistance that insurance companies are supposed to provide. But you may find that the insurance company that represents the truck that hit you may not be so willing to take up your cause and give you financial settlement you need to pay your bills and move forward with your life. That is why you need a good truck accident lawyer to help you get the kind of financial settlement you need to get on with your life.

An accident with a large truck can be sudden and catastrophic. The sight of an out of control 18-wheeler sliding across lanes of traffic can be terrifying to anyone. When the accident is over, you will need medical attention to recover from your injuries and get the ongoing care you need to live your life. You will also need some kind of financial assistance to deal with the loss of income you may experience when... ...read full post

posted by Bernard F Walsh , in:
auto accident injury law firm truck accident

Traumatic Brain Injury Compensation

Of all the various injuries a person can suffer, few can compare to the seriousness of brain injuries. Studies have found that traumatic brain injury accounts for around one third of injury related deaths, and millions are affected by it each year. Sadly, in many cases these types of injuries are actually caused by preventable issues. If you or a loved one has suffered brain injury due to preventable factors like auto accidents, falls, or workplace accidents, there's a good chance that brain injury compensation could be well within your rights. But to claim it, you need an ally that will stand up for you.

Negligence or recklessness by another party that triggers brain injury in you or someone close to you very well may make you eligible for brain injury compensation, but too often those who might be entitled to a cash settlement don't pursue litigation. It can be hard to know who to trust and in many cases the defendant will be able to hire an attorney to keep them from paying out any monetary compensation. Getting an attorney of your own is usually the only way to ensure that you stand a... ...read full post

posted by Bernard F Walsh , in:
brain injury injury law firm law firm personal injury

Ways In Which A Car Accident Lawyer Can Help You

A serious auto accident can change the victim’s life instantly. Suddenly there are many things to take care of and a long list of very hefty financial obligations. The frustrating part is that, in most cases, the victim was just minding her business and driving her car when she suddenly became part of a serious auto accident. If you become the unfortunate victim in an auto accident, you should not wait to see what the insurance company of the other party is going to do to help you meet your financial needs. You should become proactive and hire a good car accident lawyer as soon as possible. An experienced attorney will be your voice when the insurance company tries to shout down your requests for payments.

A car accident lawyer can become a valuable asset to a victim who has compiled a significant list of medical bills. Immediately after the accident, the victim will need medical transportation to an emergency care facility. In most cases, the use of an airlift service is not covered by insurance. This becomes a huge expense that the victim will be responsible for. The initial costs of medication, medical treatment and any medical equipment such as... ...read full post

posted by Bernard F Walsh , in:
auto accident injury law firm personal injury

Accident Compensation - Getting What You Deserve

Accidents are, sadly, a simple fact of life. It may be as simple as cutting your finger while peeling an apple or as major as a slip in the shower, but accidents can have a profound impact on your life. When a major accident negatively impacts your life and leaves you injured and owing big bills to hospitals, the stress is even worse. And when that accident was actually caused by someone else and their recklessness or negligence, it can be absolutely infuriating. But getting accident compensation isn't as easy as asking nicely, and most defendants will do all they can to avoid giving you what you're owed.

An insurance company may pay out a small sum to help with your costs, but usually it's only the equivalent of 'hush money', a tiny figure to keep you quiet and make you feel like you're taken care of. In reality, you're probably owed much more in accident compensation that an initial settlement offer will provide. Your medical bills and lost wages could reach into the tens or even hundreds of thousands of dollars, which means that the little amount you were paid is really nothing more than pocket change. To get the... ...read full post

posted by Michael J Babboni , in:
auto accident injury law firm personal injury

Attorney Bernard Walsh Lectures At The Southern Trial Lawyers Association Mardi Gras Conference

Personal Injury Attorney Bernard Walsh lectured on Strategic Use of the Florida Crash Report Data to members of the Southern Trial Lawyers Association (STLA). As a highly experienced trial lawyer serving the Florida people since 1978, Bernard Walsh shared his valuable insight with the STLA, a community of dedicated trial lawyers working to further protect the rights of United States citizens.

During his lecture, Attorney Walsh explained what to expect, and how to best utilize the Florida Crash report during a trial involving injuries and damages resulting from motor vehicle accidents.
Membership in the Southern Trial Lawyers Association is by nomination made by a member of the Board of Directors, with approval by other Board members from the nominee's state. As such, the STLA consists of very experienced and knowledgeable attorneys.

"Speaking at a Southern Trial Lawyers Conference is always a great experience," said Attorney Bernard Walsh. "Everyone attending these events has something to share. The opportunities to network with other attorneys, help educate and gain new insights on how to keep the STLA meetings productive and relevant."

About The Southern Trial Lawyers Association
The essential mission of the Southern... ...read full post

posted by Bernard F Walsh , in:
injury law firm law firm

Get A Lawyer - Insurance Company Giants Deny Accident Claims To Increase Profits

In a recent story from Anderson Cooper on CNN, investigative reporters uncover a disturbing new “policy” by the Nation’s largest auto insurance companies, State Farm and Allstate.

If you are injured in a "minor" accident, the nations largest auto insurance companies will challenge your medical claims, drag out your claims process and offer only a fraction of your medical expenses.

Insurance companies have created a deliberate strategy of forcing people into court and dragging out court cases for months or years, to bankrupt the case as well as a nation wide PR campaign to paint insurance claims cases as fraud. Simply put- Delay, Deny and Defend. As in delay the claim, deny the claim and defend their position in court. The aim of the new assault on the American consumer is to both dissuade claims and make it too expensive for accident victims to get the compensation they have paid for from their insurance policies.

Furthermore investigative reporters from CNN have examined documents outlining the motive for the new aggressive strategy was blatantly stated: higher profits - not fighting fraud. In addition Allstate has been sued to make public the documents and Allstate has not complied with the judges ruling in at... ...read full post

posted by Bernard F Walsh , in:
auto accident injury law firm law firm personal injury

What People Don't Know About Auto Accidents

Auto accidents happen every single day, by the thousands. There are so many different things that can cause these accidents and it's going to be up to you to figure out the facts. A car accident attorney will tell you that distracted driving is the leading cause of accidents today. People are too busy to just drive anymore, it seems, and it's taking a toll on lives and accident statistics alike. If you are driving and doing anything else, you are risking an accident that can easily be avoided if you take the time to focus on the road at all times.

Resources and experience available to an auto accident lawyer can give you the details about these accidents and help you understand exactly what you are dealing with. There are so many different resources out there, including state and national statistics and information databases, that you can use to learn all about car accidents and their prevalence. Distracted driving is the most common cause of accidents today and cell phones are easily taking the cake in terms of distractions. People who are talking, texting, or browsing the internet on their phones are causing a lot of unnecessary accidents on the... ...read full post

posted by Bernard F Walsh , in:
auto accident distracted drivers Florida Law injury law firm personal injury

Fatigue And Truck Accidents

Despite DOT (Department of Transportation) regulations, many truck drivers are still driving more than they should be. This causes serious issues with fatigue, which is a leading cause of truck accidents. Any truck accident law firm will give you a history of the cases that they have handled, and it will be easy for you to see how fatigue played a role in so many more cases than people might even realize. If you take the time to check out all of the different instances of truck accidents, fatigue will be a lot more prevalent than you realize.

With truck driving, it's a business. However, the people who are driving these trucks are often put under pressures that no one should have to endure. Add to that the fact that they are driving vehicles that are much bigger than passenger cars, and you've got a recipe for disaster around every curve. It's important for drivers to be extra cautious because getting involved in a truck accident usually never ends well for anyone. Of course, it's not fair that drivers have to be extra careful, but life isn't really fair in a lot of ways.

A truck accident law firm can... ...read full post

posted by David L Goldman , in:
injury law firm law firm personal injury truck accident

Wrongful Death Lawsuits Are About More Than Money

Wrongful death cases are very tragic. Often, when people lose a loved one, they aren't even thinking about the money involved in the lawsuit that they are filing. Therefore, if you have been involved in this type of situation and you really want to make sure that people are held accountable, you have to think about filing a claim. It isn't about getting millions of dollars for your loss because that can never fix the situation. It's just about holding people accountable for what they have done when something happens to your loved ones.

Wrongful death cases are very precarious in nature. You have to take the time to explore all of the different options that you have and make sure that you don't limit yourself when you are looking for the best legal representation. This is a time when you are dealing with a lot of emotions and any lawyer should be sensitive to your needs and focused on helping you get the outcome that you deserve rather than thinking about the money that you (or they) will make from the case at all. It is nice to think about the financial freedom that can come from a case like... ...read full post

posted by David L Goldman , in:
Florida Law injury law firm law firm personal injury wrongful death

Brain Injury Law Is Complex - Hire A TBI Specialist

The human brain is a very complex machine. As such, the legal system and the process of litigation in accidents involving brain injury have become very complicated and demanding over the years. A brain injury attorney needs to have specialized experience in this type of law and understand exactly what is required to prove, beyond a reasonable doubt, that the injuries sustained are not only legitimate, but that they are a result of the accident. While some lawyers can do okay with accident cases, any time brain injury is involved, a specialty lawyer with extensive experience is a must.

The medical battles for the plaintiff in a brain injury case are an important part of the outcome. Therefore, it is important to have a team that understands and has the knowledge required to get the results that are deserved. It just makes sense that when you are dealing with something like this, you would hire the best professional for the job, which means that you would hire a specialty brain injury attorney to fight your case. Forget billboard advertisements and phone book cover law firms. You deserve experienced, reputable professionals to fight your case.

Brain injury cases involve a lot of... ...read full post

posted by Bernard F Walsh , in:
brain injury injury law firm personal injury

Motorcycle Accidents Explored By Personal Injury Law Firm

A motorcycle accident law firm will have all kinds of resources and information that can help you better understand these types of accidents and get a better outcome from your case. Motorcycle accidents are NOT always the fault of the rider, and there are a lot of different statistics out there to prove that point, among many others. Motorcyclists are three times more likely to be injured in an accident with a passenger vehicle than the people in the vehicle, simply because they are not protected by anything around them. 70% of the motorcycle accidents that occur happen at intersections, which is another thing that's important to realize.

Figuring out who is at fault is the job of law enforcement and the insurance company. Typically, these accidents are caused by someone being negligent. Usually, it's the driver of the other vehicle. In fact, in 2/3 of motorcycle accident cases that are on the books, the motorcycle's right of way was violated by the other driver. That's proof that bikers are a lot safer than people make them out to be. Just because you ride a motorcycle, you're not automatically at fault for anything that happens.

When you are learning about motorcycle accident... ...read full post

posted by Bernard F Walsh , in:
injury law firm motorcycle accident

Accident Injury Law Firm - 5 Reasons You Deserve Their Services

When you consider hiring an accident injury law firm, there are a lot of different reasons that you might need them. If you can take the time to figure out exactly what is going on, it will be easier for you to get the right lawyer and the best chances of winning your case. However, if you are like most people, you're probably on the fence about even hiring these services in the first place. Typically, if you have been involved in any type of accident or injury situation where someone else is at fault, you have a claim. However, here are five reasons to show you that you deserve an accident injury law firm:

-A specialty accident law firm will know all about the details of injury law.
They will have the knowledge and tools to make sure that you're getting the most out of your claim, and whether you even have a claim worth fighting. By taking the time to find a specialty lawyer, you will be able to get what you deserve.

-If you have been in an auto accident or personal injury situation, you have probably racked up some good medical bills.
Hiring a lawyer will... ...read full post

posted , in:
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Why Hire A Florida Accident Lawyer

Auto accidents are quite common, they happen every day. But it is not every day that an accident changes your life. When accidents occur where there is serious injury or even death, it can be helpful to have someone on your side to negotiate with the settlement of the insurance company. No matter what kind of injury occurs: neck, head, brain, spinal cord, shoulder, knee, etc., you deserve to be compensated accordingly. Hiring lawyers for auto accident may be the best thing you ever did to protect your rights and get back as much of your life as possible.

When you are injured or someone you love is injured, the last thing you want to do is fight with an insurance company to get your medical and physical losses taken care of. You may even need to remedy psychological damages and pain and suffering. If you are unsure of your rights and obligations hiring a lawyer for auto accidents can make the entire process easier. A lawyer with experience has the knowledge of how insurance companies work and how to get you a full and fair settlement. Nothing you can do can replace that experience and power.

It is important... ...read full post

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More Florida Car Accidents Caused By Driver Distraction From Smart Phones

iCrash - Don't Text While Driving - More serious auto accidents are being caused by texting while driving distracting drivers

Over the past few years a new generation of smart phones and other mobile devises have made their way into everyday life - including driving and auto accidents. With the latest technology these new Smart phones are capable of nearly everything a personal computer is - including watching movies, browsing the internet,checking your email and of course making calls and text messaging. Smart phone technology has advanced so fast and become so popular that mobile devices are poised to overtake personal computers as the top technology for personal use.

As in many times before, technology has outpaced society's ability to set up proper laws and guidelines for how it should be used. Legislatures are playing catchup to adjust the law of the land to keep the roads safe from the impacts of this latest generation of technology that while overall very positive, can be very distracting for car and truck drivers and is turning out to be a major cause of serious car accidents. California among other leading States, have... ...read full post

posted by David L Goldman , in:
auto accident distracted drivers injury law firm wrongful death

Florida Accident Attorney Bernard Walsh Chosen To Present Florida State Trooper Of The Year Award

Bernard Walsh of the Florida Personal Injury Law Firm of Shapiro Goldman Babboni & Walsh was honored to present the Trooper of the Year Award to Florida State Trooper Edward Pope

Trooper Pope won this prestigious distinction for the second time when he saved the life of a choking infant by using back thrust.

"Having the privilege of presenting this prestigious award to Trooper Pope for an amazing second time is a real honor. Trooper Edward Pope has distinguished himself in the service of Floridians over the years and the people of Florida are fortunate to have such an effective State Trooper protecting their safety" - Attorney Bernard Walsh.... ...read full post

posted , in:
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Injured In A Florida Auto Accident? Beware Car Insurance Pitfalls.

Auto accident law quiz question: Why do we need automobile insurance?

A. Because the law requires it.

B. Because it's the smart thing to do to protect you and your family from personal injury.

C. All of the above.

The correct answer is “C.” First Florida law requires that everyone who owns an automobile purchase insurance. Florida drives are only required to have personal injury protection or “PIP” coverage, which pays the medical expenses of 80 percent up to $10,000, regardless of fault. Some people elect a large deductible, presumably to reduce the premium. Unfortunately, they don't realize until it's too late the few dollars they saved on premiums will cost them thousands if they are injured in the accident, which is why the insurance was purchased in the first place. Florida law also requires that the driver responsible for the accident have property damage coverage of $10, to pay for damage to the other car. If you have the required coverage, you are deemed “insured”. Unfortunately, motorists are not required to carry insurance to compensate victims of car accidents that are not at fault. Although the insurance requirement was born from good intentions, you cannot legislate common sense. That's optional.

For my part... ...read full post

posted by M David Shapiro , in:
auto accident Florida Law injury law firm law firm personal injury personal injury PIP um uninsured coverage

Consult Florida Personal Injury Attorneys; Precautions Can Reduce Chances Of Being Sued.

You decide to have a party and invite all your friends. Your want your home to look nice, so you wax the floor. Unfortunately, one of your guests slips and falls and breaks her hip. Are you responsible? The fact is that anytime someone gets hurt on your property because of your negligence, you may be legally responsible. The same holds true when you or your children carelessly or intentionally do things that cause damage to someone else's property. It is therefore advisable to consult an Attorney for injury in Florida.

Most homeowners carry insurance, and the insurance company generally handles any claims against the homeowner, usually hiring an attorney and paying any damages awarded ( up to the limit of the policy), along with the court costs. However, it is no fun being involved in a lawsuit and it can often times be avoided. For your sake, and the sake of your guests or an innocent party, it is far better to prevent the injuries in the first place. Find out what might create a hazard by contacting a professional attorney for personal injury.

Generally, courts hold... ...read full post

posted by M David Shapiro , in:
injury law firm neglegence personal injury personal injury premises liability

Uninsured Motorist Make A Challenging Auto Accident Injury Case.

As a Florida Auto Accident Lawyer, I feel a sense of purpose when I represent an injured victim of an accidental but nevertheless senseless, act of negligence. Sure, there is a lot of stress, hard work, legal pitfalls, politics and negative preconceived notions, but at the end of the day, I feel a great sense of provide for whatever I'm able to accomplish on behalf of my personal injury client.

When Kim Bonner requested I write an article for The Docket, what I could offer to an audience of Sarasota Lawyers, many of whom I am families with fro working with or against them defending the legal rights of my clients on current and past personal injury cases. There are a number of excellent personal injury lawyers in Sarasota, so to offer any comments is like "preaching to the choir." However, I have noticed that a fair number of Lawyers who practice primarily in other areas are marketing for personal injury cases, which is perfectly acceptable we are all entitled as many clients as we can properly manage and represent. However, we owe it to our clients to be knowledgeable about the law to maximize their recovery.

Those attorneys... ...read full post

posted by M David Shapiro , in:
auto accident Florida Law injury law firm law firm personal injury

Sarasota Car Crash Lawyer

Pursuing the Money Damages You Deserve

Injuries suffered in a car accident can be extremely traumatic, especially when they result in major medical bills, lost wages and other serious consequences. If you've been injured due to the negligence of another driver, you may be entitled to compensation.

At the law firm of Shapiro Goldman Babboni & Walsh in Sarasota, our attorneys help clients pursue claims for all types of car accident injuries throughout Southwest Florida, including Bradenton, St. Petersburg, Venice, Englewood, Pt. Charlotte, Ft. Myers, Punta Gorda, Arcadia and Lakeland. For a free consultation to discuss your case with a knowledgeable Sarasota car accident attorney, contact today.

Experienced With All Types of Car Accident Cases

Most car crashes are caused by one or several parties' failure to take care for the safety of other drivers, passengers and pedestrians. Car accidents can cause a wide range of injuries and other consequences, including but not limited to:

Fatalities

Spinal cord injuries

Traumatic brain injuries (TBI)

Broken bones and other fractures

Shoulder, wrist and other joint injuries

Whiplash and other neck injuries

Burns ... ...read full post

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Driving Safe Near Trucks On Florida Highways

The individuals who drive large trucks are trained to handle a number of unsafe situations and surprise safety hazards when on the road. However, the slightest act of negligence on the part of a commercial truck driver can result in serious property damage and physical injury for innocent drivers, passengers, and anyone else who happens to share the road with the large truck.

Tips for Staying Safe Near Eighteen Wheelers in Florida

Fortunately there are a number of steps you can take to help avoid being negatively impacted by a negligent commercial truck driver. These include the following:

Never drive in a truck’s blind spots

Always keep a safe following distance when behind a truck

If you are being tailgated by a truck, move over when possible to let them pass

Avoid swerving through lanes when large trucks are nearby

These simple steps can help you avoid being involved in an accident with a large commercial truck. However, if a truck driver acts negligently, you may be unable to prevent a serious accident from occurring.

If you or someone you love has been injured or killed in a trucking accident caused by a negligent truck driver, then we would like to help. Our experienced Truck accident lawyers... ...read full post

posted by Michael J Babboni , in:
auto accident injury law firm law firm personal injury truck accident

Injured? Consult A Car Accident Lawyer

If you have been involved in an automobile accident, you may be able to file a claim against the negligent driver to recover damages for lost wages, property damage, medical costs, future losses and pain and suffering. It is advisable for you to consult with an experienced Florida car accident lawyer before proceeding with a claim for negligence.

Should you choose not to be represented by a qualified vehicle accident attorney, you will face the considerable resources of a powerful company alone, especially its insurance company. Insurance companies are anxious to quickly settle a claim and have a ready team of adjusters, investigators and attorneys whose focus is to minimize the amount of money paid to innocent car accident victims.

Another reason to seek legal counsel is that insurance companies, on average, pay almost triple the amount of money in cases where the victim is represented by a car accident lawyer. As you are recuperating from the accident, the perpetrators of your injury may have already notified their insurance company who, in turn, are busy trying to minimize their payout.

Because of the complexities involved in automobile accident cases, it is important that you act quickly and contact a vehicle accident attorney... ...read full post

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Uninsured Motorist: Good News, Bad News

According to an article in the Herald Tribune, Florida has had some success in reducing the number of "uninsured" drivers on its roads due to the tougher laws passed years ago penalizing drivers for not having the minimum insurance required by law. Before going out and celebrating your uninsured motorist coverage, consider the following.

The Department of Insurance deems anyone having the minimum required insurance as "insured," or not "uninsured." However, an insured victim of a negligent but legal, driver, may still be unprotected for any damages sustained. The minimum required insurance is simply not enough.

Florida law requires that everyone who owns an automobile purchase personal injury protection, "PIP" coverage, which pays their own medical expenses of 80 percent up to $ 10,000, regardless of fault. Florida law also requires that drivers have property damage coverage of at least $10,000 in the event they are responsible for the accident and damage the other person's vehicle. If you have this coverage, you are defined as "insured."

Unfortunately, Florida law does not require that drivers purchase bodily injury liability to protect those who may be injured as a result of negligent driving. Thus, there is no coverage to compensate you- the innocent injured- for... ...read full post

posted by M David Shapiro , in:
Florida Law injury law firm law firm

Florida's No Fault Law Has A Few Faults

When the Florida Legislature passed the "Florida Motor Vehicle No-Fault Law" in October 1976, it had two purposes in mind: First, it wanted to ensure everyone who owned a motor vehicle had a minimum of benefits for treatment for accident related injuries. Second it wanted to limit the insurance companies' exposure and result of automobile accidents.

Seventeen years since the law passed, we must ask ourselves whether accident victims are really receiving the medical disability and death benefits provided in the law.
Florida law states that "80 percent of all reasonable expenses for necessary medical, surgical, x-ray, dental, rehabilitative services, including prosthetic devices, and necessary ambulance, hospital and nursing services," are to be paid under the personal injury protection coverage of the auto policy, or "PIP."

Those provisions may appear straight forward, but the words " reasonable" and "necessary" have created fertile ground for insurance abuses that have resulted in delays for the injured and an unfair advantage for the insurance industry against their wounded and often financially strapped insured.

The law further states that the insurer must pay within 30 days after receiving a claim, but further provides that the insurer can delay payments if it has "reasonable proof " that it is responsible for... ...read full post

posted by M David Shapiro , in:
auto accident Florida Law injury law firm law firm personal injury

Corporations Are Hijacking The Legal Process

Corporate America and its insurance companies are trying to get something for nothing. Other than a catchy title, the so- called "Common Sense Legal Reforms Act" (House HR10), which just passed the U.S. House of Representatives and is heading toward the Senate, promises to severely limit the accountability of manufacturers of defective products. Consequently, consumers who are injured by these defective products sacrifice their historical right to a reasoned jury verdict.

Essentially, the bill places a cap on certain kinds of damages and has a "loser pays" provision. What this means is, in the event you are unsuccessful in your lawsuit , you will owe the prevailing side their attorney's fees and costs in certain situations. Designed to smoke out frivolous claims, the reality of the provision will tip the scales in favor of the wealthier litigant. The indigent party of one of modest means will simply not be able to afford to take the risk. Survival of the richest in its purest form.

What's in for the consumers who will be giving up their right to certain damages?

As part of the "Contract with America," why... ...read full post

posted by M David Shapiro , in:
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Lawyers Role Vital In The Pursuit Of Fairness

In a letter to the editor of the Herald-Tribune that ran Oct. 11, a writer blamed all of our economic problems on lawyers. No anti- lawyer sentiment is complete without reference to the now famous quote from Shakespeare's King Henry VI, "The first thing we do , let's kill all the lawyers." As a consumer, motorist, and Sarasota personal injury lawyer, I find the repeated reference extremely misguided.

The line from Shakespeare's play describes one man's dangerous attempt to overthrow law and order and replace it with tyranny and dictatorship. The villain in the play knew that whenever justice was attacked, lawyers were at the vanguard of the opposition. The people who maliciously repeat this line are either uninformed as to its source or choose to align themselves with the evil character in the play. Either alternative makes you wonder about their credibility.

To be sure, not all lawyers are good and not every claim has merit. The same can be said for all professions. However, in the letter, the author suggests most , if not all, lawyers contribute " absolutely nothing". He echoes the propaganda put out... ...read full post

posted by M David Shapiro , in:
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Bradenton Attorney Bernard Walsh Lectured The Manasota Trial Lawyers Board

March 11. 2011, Attorney Bernard Walsh lectured the Manasota Trial Lawyers Board about strategic use of the Florida crash report.

Mr. Walsh informed many of the areas top trial lawyers on how to best use the Florida crash report an the statements collected by law enforcement at the scene of an accident to both protect the legal rights of clients and prevent fraudulent statements from affecting court outcomes. Upcoming changes in the Florida PIP regulations to combat accident fraud make correct use of the Florida crash report more important than ever for Florida personal injury lawyers in resolving legal disputes that result from serious auto accidents.

Manasota Trial Lawyers Board is a local organization composed of some of the foremost trial lawyers in Manatee and Sarasota Counties. Membership is obtained through special invitation and is extended only to those attorneys who exemplify superior qualifications of leadership, reputation, influence, stature, and profile as civil plaintiff or criminal defense trial lawyers.

Bradenton Attorney Bernard Walsh is firmly committed to community service. He is an active member of the Manatee and Sarasota Sheriff's Advisory Board, the Florida Highway Patrol Advisory Council and the One Hundred Club for Law Enforcement in Manatee and Sarasota.... ...read full post

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Strategic Use Of The Florida Accident Report

Florida, like most states, requires that when a motor vehicle crash is brought to the attention of law enforcement agencies a crash report be prepared by the investigating officer. This requirement is set forth in section 316.066 of West's Florida Statutes Annotate. Section 316.066(1)(a) provides that the report must be filed no later than ten days when an accident results in death or injury, when a party involved flees the scene of the accident, when a party is under the influence of alcohol, or when a vehicle is so damaged it must be towed1. In order for an investigating officer to properly investigate a crash scene, there must be cooperation from the parties involved.

Since providing information to the investigating officer may put parties in the position of making incriminating statements against themselves, section 316.066(5) allows a privilege for such statements given to a law enforcement while conduction and investigation. The privilege protects the speaker's 5th amendment right by keeping such statements from being used against the speaker in a civil or criminal trial. However, not everything included in the crash report is covered by this privilege Salama v. McGregor outlines what is not covered by the privilege.

"The privilege... ...read full post

posted by Bernard F Walsh , in:
auto accident Florida Law injury law firm

Reflections Of A Candidate-Lawyer

As most of you know, I ran for State Representative, District 70 in the last election. Although I was unsuccessful in obtaining the seat, the experience was rewarding. Over the last three months, I have received many kind words and have discussed the campaign with anyone foolish enough to ask. However, it was SCBA member, Lynette Mancuso, who suggested I write something for The Docket. She was trying to say something nice and probably didn’t think I would do it. I fooled her.

For almost eighteen years, I have practiced in Sarasota. My wife, Robin, and I have lived on Siesta Key and have had three children born at Sarasota Memorial Hospital. To say that his community is important to us is an understatement. I have been fortunate to accumulate great friends and establish a busy practice. Nevertheless, through my work, I observed problems on the state level that have troubled me for many years. We all know the issues associated with insurance, taxes, affordable housing and health care. I no longer believe that concern and complaining were enough, so I decided to act.

I felt no sense of entitlement form anyone for their vote or contributions, especially members of the Sarasota... ...read full post

posted by M David Shapiro , in:
injury law firm

Litigation Not National Pastime, But National Right

I was disappointed in Mike Royko’s column, which ran in the Sarasota Herald-Tribune , not because of the anti-lawyer comments and harsh criticism of civil justice system; I’ve heard it all before. Rather, I was surprised that Royko, sometimes defender of the civil justice system, had suddenly changed course. Apparently, he had a change of heart when he heard about a lawsuit that was filed against a 9- year-old boy who threw a wild pitch and injured a woman in the stands.

I could never defend all lawyers and lawsuits, no more than Royko could defend all columnists and journalists from accusations of abusing the power of the press. I wonder, however, what Royko would think if certain members of Congress decided to support a hypothetical bill called “The Media Reform Act.” The legislators would try to convince voters the law was needed to curb the unbridled power of the press and media. To gain public support, politicians would cite outrageous examples of inaccurate and irresponsible reporting that could be found in every newspaper on a daily basis. The legislation would require that all syndicated columnists and national news services submit articles to the federal government through a media committee that... ...read full post

posted by M David Shapiro , in:
injury law firm

Nursing Homes Obligated To Honor Patients Rights

Some view time as a constant companion that provides them the opportunity to accomplish their goals and realize their dreams. Others see time as a predator that stalks them throughout their lives. Whether time is considered a friend or foe, it is historically and universally understood that it is infinite, moved rapidly, and the less we have, the more we should appreciate it. Perhaps that is why Sophocles wrote, “Nobody loves life like him who is growing old.”

Because of our appreciation for life, we aspire to live longer. Most of our medical research is only a massive effort to prolong life. And to a great extent, we are succeeding.

For all of us, longevity exacts a toll of varying degrees. Some may lose their physical abilities, while others may lose their mental faculties. For many of us, when we obtain our goal of a long life, our final option becomes getting assistance from a nursing home. Although we might be blessed with a loving and caring family, the necessary and time-consuming care requires a trained staff who will be able to meet the unique needs of the elderly.

Because people are living longer, nursing homes and adult congregate living facilities have proliferated... ...read full post

posted by M David Shapiro , in:
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Liability For Muggings In The Age Of Automation

It is common knowledge that the world isn’t always safe. The knowledge of this sad truth places certain responsibilities on people and businesses to take reasonable precautions to insure the safety and well-being of their customers, who could be injured through foreseeable acts of violence.

Criminals are just like the rest of us in this age of instant gratification. We demand 24-hour access to our bank accounts and we want our supermarkets to be open all night. Automated teller machines (ATMs) provide criminals with access to victims for instant, no-fuss cash.

But the criminals are not stopping with muggings. Newspaper headlines report beatings, stabbings, rape – even homicide at ATMs, encouraging many cities and states to require minimum standards of lighting and visibility from the street. Whether financial institutions will be held liable for foreseeable crimes at their ATM sites is still evolving.

Traditionally, courts have held that banks are not liable for crimes that take place on their premises unless the bank knows or has reason to know that criminal acts have occurred or are about to occur. This no-liability rule has been recently applied not only to cases involving traditional banking services such as drive-up windows and night depositories, but it... ...read full post

posted by M David Shapiro , in:
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Legislators Must Renew PIP Coverage

When it comes to the “Florida Motor Vehicle No-Fault Law,” the Florida legislature is about to throw out the baby with the bathwater. This October the law that required drivers to purchase auto insurance to protect themselves and family members injured in car accidents, regardless of fault, will end. The loss of this flawed but important coverage will be devastating to the thousands of people who are injured in automobile collisions in Florida each year.

Since its inception in 1976, Florida law has provided that “80percent of all reasonable expenses for necessary medical, surgical, x-ray, dental, rehabilitative services, including prosthetic devices and necessary ambulance, hospital and nursing services,” are to be paid under mandatory automobile insurance coverage known as personal injury protection, or PIP. Additionally, the law also provides that the insurance coverage pay “60 percent of any loss of gross income and loss of earning capacity per individual” in case an accident leaves a person unable to work. This coverage is available regardless of who was responsible for the accident and pays up to $10,000.00.

The hope was to ensure that everyone injred in a motor vehicle collision could receive immediate medical attention and replace a portion of their income while... ...read full post

posted by M David Shapiro , in:
auto accident injury law firm

Closing The Courthouse Door To Litigants

Closing the Courthouse Door to Litigants

“Suing is good for America,” was the comment made by Alan Dershowitz, the noted Harvard law professor and attorney.
“We are a grossly under-litigated country,” according to consumer rights advocates Ralph Nader.

These are shocking statements, thanks to the efforts of certain politicians and industries, such as insurance, chemical, pharmaceutical, tobacco and health care.

There is little doubt that claims and lawsuits are bad for insurance companies and big corporations. The insurance company would much prefer keeping premiums and not paying claims. Corporate America would certainly rather not spend there profits on research and development of safer products and workplaces.

Now that people are actually asserting their rights, these industries are trying to cut their losses by influencing public opinion through the mass media and direct mailing. Recognizing that no one is particularly sympathetic toward insurance companies or big industry, they have used their vast resources to convince the American public that litigation is bad for everyone and has placed a heavy financial strain on all citizens. They cite the rising costs of medical malpractice insurance and health care insurance to undermine our time-honored civil justice system. To cultivated rage and gain support for... ...read full post

posted by M David Shapiro , in:
injury law firm

Do Not Buy The Tort Reform Pitch Of Big Business

As a personal injury attorney, I realize that my comments against “tort reform,” or limitations on bringing civil lawsuits, may have little persuasion. However, I cannot remain silent in the face of great injustice, misrepresentation and hypocrisy.

Several bills have just been approved by the Florida House that would limit injured parties’ rights in bringing causes of action against certain companies, such as rental car companies, nursing homes and car manufacturers. In addition, the proposed law would limit punitive damages. Who benefits?

It is the civil justice system, which creates the threat of compensatory and punitive damages, that motivates manufacturers to produce safe precuts. How many times does history have to repeat itself for people to get the point? Automobile manufacturers were sacrificing customers in poorly designed automobiles to save money, before the victims expose the truth in civil lawsuits. The cigarette companies targeted youth to replace their customers who were dying from the cancer caused by their products. It was the civil litigants who exposed the truth, long before the government got involved to reap the benefits. These are only a couple of publicized examples, but these scenarios play out in courtrooms across... ...read full post

posted by M David Shapiro , in:
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Get Me Justice For Injuries. Get Shapiro Goldman Babboni & Walsh