Workers’ compensation insurance is a no-fault insurance that pays out whenever an employee is injured on the job, regardless of who is ultimately responsible for the injury. Nearly every business with employees needs to buy this insurance in all 50 states, including every big business and most small businesses.
However, in Florida insurance companies have recently begun using a loophole in the state’s workers’ comp laws to avoid paying for certain injuries. The injured workers are undocumented immigrants and the number of known cases is in the low 100s, but the loophole could lead to bigger problems if it isn’t closed.
How The Loophole Works
First of all, Florida law is already clear on one point: every employee in the state, regardless of their citizenship or immigration status, is entitled to workers’ compensation if they receive an injury on the job. By protecting everyone, workers’ comp avoids encouraging businesses to hire one kind of worker or another because they’d be unprotected and cheaper to employ than the others.
However, in 2003 an addition to the law made it a felony to file a workers’ comp claim... read article
Insurance companies are in the business of making money. When you file a claim for a personal injury, they will do everything they can to avoid paying you a fair settlement for your claims. However, by law they have to pay for your injuries. So if you’ve made a claim and are getting the runaround from the insurance companies, there are some steps you can take to make sure that you get the money you are owed.
Step 1: Know The Tricks They’ll Try To Use Against You
The first thing you should do is know the tricks insurance companies use to get out of paying. At Shapiro, Goldman, Babboni, Fernandez, and Walsh, we have over a century of combined experience protecting accident injury victims so we’ve seen all of the punches they pull. Here are some of the most common tricks they pull:
● Use Your Words Against You: The most common trick insurance companies use is to try to trick you into admitting fault. Claims adjusters are trained in how to twist your words and use your statements against you. The... read article
Tragedies come in all shapes and sizes. They can affect one person or a hundred, they can result from malicious actions or simple negligence, and they can make the national news or only get air time on the local TV network.
Many tragedies are acts of nature, hurricanes or other natural disasters that no one could have prevented. But often enough people are injured or killed and property destroyed because of human actions or inaction, moments when a responsible person or organization should have acted but didn’t. If that’s the case, then the responsible party should pay a fair compensation to the victims of a tragedy or their survivors. If they don’t, that’s when personal injury lawyers and lawsuits get involved.
Personal Injury Is About Compensation
Following a tragedy, the criminal courts often get involved. If someone acts maliciously, they need to face an appropriate punishment. You can also commit criminal negligence and face jail time and a fine.
But punishing the guilty parties doesn’t do anything to help the victims. That’s why they need to file their own civil court case and ask for a fair compensation based... read article
Florida is the perfect state for riding a motorcycle. The year round warm weather, flat roads, and great scenery makes our state heaven for riders. However, many Florida drivers don’t take adequate caution around motorcycle riders, so we also have the highest rate of motorcycle accidents in the country. Most of these accidents occur between March and May, so it’s important to exercise extra caution this coming season.
Motorcycle Safety Tips
If you are a rider, you should make sure you ride safely. Here are some basic safety tips to always follow:
● Ride defensively, many drivers do not even see motorcycle riders before it is too late
● Always wear a helmet with protective face shield and eyewear and padded or armored gear to reduce your injuries in the case of an accident
● Maintain your motorcycle to avoid accident from mechanical failures and test your brakes, throttle, tires, lights, and fluids before riding
● Never ride distracted, tired, or under the influence of alcohol
● Obey all traffic laws including posted speed limits, signs, and signals
● Practice your riding skills before going into high traffic areas or riding... read article
Traumatic brain injuries, or TBI, can cause a lot of problems in a lot of different ways. After all, your brain controls virtually every function in the rest of your body, and it also regulates your emotions, stores your memories, and maintains your consciousness. Any or all of these functions can suffer damage from a TBI, and thanks to how complicated the brain is your symptoms might not show up until hours or days after the injury occurs.
TBI can have some very long-term effects, too. A brain injury can last years, and in many cases the victims of TBI never fully recover. Also, a recent study has established a solid link between TBI and dementia, a link most neural physicians already suspected existed.
Brain injuries caused by internal problems like tumors and strokes are called acquired brain injuries, while TBI happens because of external sources. These are the top five causes of TBI:
1. Auto Accidents
Well over two million Americans suffer injuries from motor vehicle accidents every year, and around 35,000 people die from fatal crashes. Between 2,400 to 3,200 people die in Florida alone, and... read article
When you’ve been injured in an accident, your whole life is thrown for a loop. Your injuries may even be so severe you perform your normal work duties. In the case of serious injury, your claim should cover the full costs of your accident, not just your medical bills. These costs include any wages lost as the result of your accident.
What Are Lost Wages?
Lost wages are a form of damages awarded in personal injury, wrongful death, and auto accident cases. These damages are the compensation for income that you have missed out on because of the accident. You may be able to claim lost wages for time you’ve missed during hospital and doctors visits, as well as time you’ve had to take off for recovery.
What Is Lost Earning Capacity?
In severe cases that resulted in disability, your injuries may be so severe you can no longer perform your normal job. Lost wages will help you reclaim not only the wages you lost after the accident but the future projected earnings from the loss of employment. These earnings can also include financial benefits like retirement, health... read article
On the whole, American drivers are still wary about self-driving technology. It’s a nice idea when it’s just a pipe dream, but it’s quickly becoming much more real than that and drivers are still wary about the idea of sharing roads with self-driving cars today, right now.
But that fact is changing. AAA has been sending out a survey about self-driving cars every year, and while the percentage of drivers who would be afraid to drive in a self-driving car is 63 percent in the latest poll, that’s down from the 78 percent who said the same thing last year. The number is unlikely to see a double-digit drop every year, but people are definitely getting used to the idea.
Self-Driving As A Spectrum
A big reason why the public is getting used to the idea is because more and more vehicles are coming with “driver assistance” features, features that use cameras and sensors to detect other cars and pedestrians, lines on the road, and even road signs to send alerts to the driver and even take limited control over the vehicle.
For instance, one driver assistance... read article
At Shapiro, Goldman, Babboni, Fernandez, and Walsh we have been fighting to protect Florida residents for a combined 100 years. In that time we have seen the devastating impact of drunk driving accidents. We’ve watched families struggle after losing their loved ones, people’s career ruined because their injuries were so severe they couldn’t work, and the immense pain and suffering these accidents have caused. Even worse, we’ve seen how insurance companies manipulate Florida law to help their clients get away with this damage.
Every year in the state of Florida, drunk drivers cause an average of 11,000 injuries and 800 deaths. These are some of the highest rates of drunk driving accident injuries and fatality rates in the country. We believe many of these accidents are preventable with better laws and more enforcement, so we support lowering the threshold for drunk driving to help prevent anymore of these tragic incidents.
Drunk Driving Accident Reduction Is Backed By Science
A recent study conducted by the National Academies of Science, Engineering, and Medicine found that lowering the state blood alcohol levels could significantly reduce the number of injuries... read article
Hiring an attorney is the best thing you can do after being injured in a car accident. Insurance companies will do everything they can to avoid paying you a fair settlement for your claim. Trying to fight this battle alone is extremely difficult. However, an auto accident attorney understands the laws, the documentation you need to prove your claim, and how to talk to the insurance companies.
If you’ve never been in an auto accident before or have never hired an attorney to represent you, you may not know what to expect in your first meeting. At Shapiro, Goldman, Babboni, Fernandez, and Walsh, we’ll walk you through every step of the process so that you feel comfortable and confident. If you are meeting with us for the first time, here’s a simple list of things you can prepare to bring to our initial meeting. These documents will help us understand your case and give you better information on how we will proceed.
What To Bring To Your First Meeting With An Attorney
1. Details Of The Accident: Details of the accident are... read article
The State of Florida has some of the highest drunk driving rates in the country. Every year around around 11,000 people are injured in Florida every year from drunk driving accidents. These injuries can often times be very severe. In the case of a drunk driving accident, the other driver is always at fault. So your case may seem pretty cut and dry. However, because of Florida’s complex insurance laws, even though the other driver committed a crime, insurance companies will still try to get out of paying a fair settlement. Therefore, if you’ve been injured in a drunk driving accident, it is extremely important after any drunk driving accident in Florida to hire a knowledgeable attorney.
Never Take The First Offer From The Insurance Companies
Always speak with an attorney first. Insurance companies are in the business of making money, so they will do everything they can to avoid paying you a full and fair settlement. Most of the time they will use a variety of tricks to get you to settle for less than what you are owed, even in cases like drunk driving accidents... read article