Injury Law Firm Blog

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

What is the duty of Florida business or property owners to keep their customers or visitors safe from injuries created by hazards on their property?

Florida Law imposes a duty of reasonable care on persons in possession or control of business premises to maintain the premises in a reasonably safe condition for the safety of business invitees. The word "reasonable" is somewhat vague, but courts consider whether a business owner knew or should have known about a hazardous condition but did nothing to correct it.

The facts and circumstances are different in every case. As an attorney handling claims for people injured at a business, I have learned that most injuries could have been avoided with little effort, awareness and/or expense by the property owner. Identifying a hazard and taking reasonable precautions will not only avoid the anguish of an injury claim or lawsuit, but more importantly, protect your customers from unnecessary injuries.... ...read full post

If another party has been negligent or you were injured in an accident you may be able to file a personal injury case. How to tell if you have a personal injury case may be helped with the assistance of an attorney. Your case will be reviewed and determined to see if you possess the grounds to file a suit. Your injury must be recent as there is a statute of limitations that differs by state. In some places it can be as short as 30 days and in others as long as several years. You should file as soon as you can to make your case more credible in the eyes of the judge. The case you are filing must clearly be the fault of the other party.

A civil lawsuit is the legal mechanism by which people hold others responsible for their actions. A civil suit is brought against a person by another person and are commonly under tort law. You have been wronged and you want financial remuneration. The process to file varies by jurisdiction and by case. There are some commonalities such as you will need to file documents and paperwork with the court. You need to... ...read full post

The best lawyer for your situation is who you will want to look for when seeking representation in a wrongful death case. These cases can involve many complex issues and having someone who is prepared, knowledgeable, experienced and committed in this field would be of the most assistance. Select a Sarasota attorney who specializes in the specific area you need help with such as an accident that occurred while at work for instance. Many people feel that hiring an attorney can be too costly, when in fact you can hire one on a contingency basis meaning you owe nothing until you recover against the defendant and if there is no recovery then there is no cost at all. If you win, the attorney will charge you a percentage of the recovery as their fee.

Make sure that the attorney you hire is part of a firm that is stable and able to pay all the costs up front for your case that can include expert witness fees without asking you to pay for them. This will also ensure that your attorney will have the financial backing to take your case to trial if that is what ends up happening and is... ...read full post

Every year about 5,000 people die and over 100,000 people are injured in large truck crashes.  Despite only making up 3 percent of all registered vehicles, large trucks represent 9 percent of all vehicles involved in these fatal crashes and are responsible for 12 percent of all crash fatalities.

41 percent of accidents are fatigue related -  per Department of Transportation.

90 percent of drivers (interstate) use sleeper berths but half of the drivers indicated they sometimes sacrificed sleep to maintain delivery schedules.

NAFTA safety statistics (2008)  - 4,341 people killed; 81,200 injured in crash with commercial vehicle.

FMCSA says 4 out of 14 commercial drivers have sleep apnea – nearly ¼ of commercial vehicle drivers suffer from sleep apnea.

11 percent of all traffic fatalities involve large trucks.

Overweight truck drivers have a high probability of medical problems including sleep apnea, high blood pressure, diabetes, depression and chronic spine problems.

Attorneys being retained in any (Fatigued Driver) Truck Case should;

1. Follow the Ten Commandments – APITLAmerica.com


2. Get your Crash Team involved immediately


3. Preserve all evidence immediately.


4. Send out spoliation of evidence letters


5. Get all pertinent EOBRD &Computer Downloads from all vehicles immediately


6. make sure all relevant documents are... ...read full post

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

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

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

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

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