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Valuing Back And Neck Injuries In Car Accident Cases

Valuing Back And Neck Injuries In Car Accident CasesBack and neck injuries can be some of the most devastating injuries one can sustain after a Florida car accident. While mild and even moderate whiplash is common and typically goes away after a while on its own, there are more severe spinal cord or soft tissue injuries experienced during car accidents that may have lasting consequences. Valuing these injuries is a difficult endeavor, but a necessary one if an injured person plans to be compensated for the damages they’ve experienced. Valuing a neck or back injury is something that is best done with the assistance of your Florida personal injury attorney to make sure all costs are accounted for.
Considering The Severity Of A Back Or Neck Injury
The severity of a back or neck injury is going to play a huge role in the type of value you may place on your settlement. For instance, if a person has experienced somewhat severe whiplash that has cost them some lost wages, but they will be able to return to work after medical interventions are complete, their value will not be as high as a person... read article

Attorney Bernard F Walsh

Not Everyone Can Sue For Wrongful Death

Not Everyone Can Sue For Wrongful Death

One of the most tragic things that can happen to any family is the wrongful death of a family member through the carelessness, negligence, or recklessness of someone else. It may be college students taking pictures of themselves in a car, not seeing a child on a bicycle in time and causing a fatal collision. Or it may be an inattentive employee not properly strapping someone in for a bungee jump. It may even be someone leaving a gun out, loaded, on a table or other accessible area while kids are visiting.

Whatever the case, there are plenty of tragic deaths around the country, and in Florida itself, where the cause of death is directly attributable to someone else’s actions. And in these cases, where the death was not deliberate, the wrongful death lawsuit exists. But who is actually able to approach a lawyer and discuss the possibility of a wrongful death trial in court?
Family First
As deep as the emotional connections may be between people, in most cases, only legally recognized immediate family of the deceased may be able to go to court for wrongful death.... read article

Attorney Stephen Fernandez

When Should You Think About Getting An Attorney?

When Should You Think About Getting An Attorney?Once you’re already looking at a court date for a lawsuit involving personal injury or even wrongful death, you’re already at the stage where you’re probably very grateful to have an experienced, knowledgeable trial attorney as your advisor and guide. But the road to a trial is a long one, and it all begins with the decision to actually get the services of a personal injury lawyer.

But how do you make this decision? When is the time you should be considering this and when is it too early?
Medical Matters First
If it is you, yourself, that is injured in an accident, your first and foremost concern should be your own recovery. Look after your own health and, as an important, secondary concern, make sure that you are properly evaluated and have legitimate medical documentation about your injuries. This is a crucial step before going to a personal injury lawyer.

The reason for this is because if you want to conduct a personal injury lawsuit, you must first actually have inju-ries that would qualify. These injuries need to be medically verified. This is why, if you’ve just stepped... read article

Attorney Michael J Babboni

Fatigue Is A Big Factor In Trucking Accidents

Fatigue Is A Big Factor In Trucking AccidentsBecause of just how big a commercial truck is, when these vehicles get into accidents, they cause a whole class of property and bodily damage unto themselves. It’s one of the reasons why the specifics of an accident with a truck may often require the legal attention of a law firm with people experienced in the unique characteristics of a truck-related accident.

It’s not just the size of a truck that makes these vehicles such distinct cases. Because trucks are designed specifically to haul freight and are only on the road for commercial purposes, this brings in many unique considerations in terms of cause, consequence and the final outcome of a lawsuit. For example, there’s one specific cause for trucking accidents that far outweighs its counterpart in normal car-related accidents, and that is fatigue. But why?
Professional Obligations
People may get into cars and drive for any number of reasons, including going to work, getting groceries or just driving out to the movies or restaurant. But truck drivers are on the road for just one reason; to deliver a sizable bulk of goods to a destination within a... read article

Attorney M David Shapiro

Personal Injury And The Role Of The Judge

When A Personal Injury Settlement Can't Be ReachedThe decision to go to trial for a lawsuit involving personal injury or even wrongful death should never be entered into lightly. A trial can be a long and grueling process, and sometimes it may take years to get a legal resolution. But regardless of whether you’re in a criminal trial, or your own civil trial for a lawsuit, there are two things that remain the same; the presence of the jury and the judge. But who is the judge, and why is he or she even there?
Not The Final Arbiter
The presence of the jury is obvious, once it has been explained. A jury is a group of people—in the case of a civil trial, six people—who have been selected to attend the trial. They are the decision makers for whom evidence must be presented, arguments made, witnesses and testimony given. And finally, after final, closing arguments are complete, it is the jury that must deliberate, and reach a decision about whether to award or deny damages in a lawsuit.

In other words, they actually decide the outcome of the trial. So if that’s what they... read article

Attorney David L Goldman

Premises Liability - Unbelievably, Sometimes A Trespasser Can Sue A Homeowner

Sometimes A Trespasser Can Sue A HomeownerFor a lot of homeowners, there’s a bit of folklore that gets around about the frightening case of a home intruder breaking into a house, getting injured somehow, and turning around to successfully sue the homeowner. For many, this feels like a complete betrayal of the justice system, since breaking into someone else’s home is obviously a criminal act. So why should a homeowner get sued for someone else’s illegal actions that got them—some would say rightfully—injured?
The Truth
There are some unbelievable cases of burglars actually attempting to sue homeowners, though in most of those cases, the lawsuit, for understandable reasons, fails. However, there is one negligence lawsuit against the property managers of a school that did go in favor of the would-be thief. In the 1980s, in California, 18-year-old Rick Earl Bodine climbed to the roof of a high school gymnasium to steal a light from on top of the building. Having stolen one, he moved to steal another when he fell through the skylight, landing in the building and becoming a mute, quadriplegic in the process. He sued the school and was awarded $260,000 upfront... read article

Attorney Stephen Fernandez

An Illness Can Be Taken To Court

An Illness Can Be Taken To CourtGoing to court for a personal injury lawsuit is, in most cases, about a person taking a negligent but responsible party to task for physical damage. The most common types of personal injury cases are traffic accidents, where people get hurt in the collision, or “premises liability” cases that occur on a property. In premises liability cases, the injuries can run the gamut from slipping and falling on an unsafe surface, to falling down a flight of uneven, improperly maintained stairs.

But there’s one type of injury that can have a major impact on a person’s life, and sometimes even lead to a slower, painful death. That injury is the contraction of an illness, and premises liability covers this type of injury as well.
Health Is A Responsibility
The most common example of a premises liability-related illness occurs in restaurants. That’s not a big surprise as the mouth is the one part of the body that we constantly expose to “foreign matter,” in this case, food. There are plenty of ways for food to make a person sick, which is why restaurants are required, by law, to maintain strict standards... read article

Attorney Bernard F Walsh

Should You Take Someone To Court For A Lawsuit?

Should You Take Someone To Court For A Lawsuit?Most of the time when we discuss various aspects of a personal injury or wrongful death lawsuit here, we’re working under the assumption that you’ve already made up your mind. You want to pursue a case in court, and you’re just looking for the right attorney to take on your case, and guide you to a successful resolution.

But what if you’re not there yet? What if you’re still processing what just happened to you, or someone close to you, and you’re just thinking about it? What are the things you should be considering before taking a case to court?
Do You Have A Case?
First and foremost, this should be the question you consider, because if the answer isn’t “yes,” then every subsequent thought and action falls apart. A lawyer who is evaluating your own potential for a personal injury lawsuit is going to be trying to arrive at this answer, and if they feel the answer is “no,” then your endeavor to go to court is likely to end on the spot.

You must have strong grounds for a negligence or wrongful death case. An elderly parent... read article

Attorney Stephen Fernandez

You Should Take Photos After An Accident

You Should Take Photos After An AccidentIf you’re in the unfortunate position of getting involved in a traffic accident, there’s going to be a lot to process. Understandably, it’s going to be difficult under such circumstances to maintain a cool head, and start thinking pragmatically about how to proceed next. And yet, at the same time, being able to do so at the scene of an accident can be one of the best things you can do for yourself, especially if the other driver was at fault.

If there is significant damage, or worse yet, injury, that is involved in your accident, you’ll want to have as much information and evidence in your favor to assign fault and make sure that the people responsible are held liable.

With the right kind of information and evidence, what might have initially looked like a painful case to resolve in court could be quickly dismissed as an accident where you are owed compensation. But it all hinges on you being able to provide the evidence that shows you’re in the right. Taking photos of the accident can often be one of the most efficient, direct and, most important... read article

Attorney Michael J Babboni

Pedestrians Are At Higher Risk Of Greater Harm

Pedestrians Are At Higher Risk Of Greater HarmMost people think of vehicular accidents as something that only happens between cars, trucks, and motorcycles, perhaps even the occasional cyclist. The one thing all of these vehicles have in common is that they are on the road. However, a pedestrian, that is to say, someone that is outside and is walking on foot, spends most of that time on sidewalks, and only occasionally cross the street.

It’s easy to think that because of this, pedestrians don’t have to worry about collisions with vehicles, but sadly this is not the case. People can—and are—hit by cars and other vehicles in Florida and throughout the country. In fact, in 2017, Florida suffered 303 pedestrian-related accidents, making it the second highest in the country, surpassed only by California at 352.
Poor Planning
One of the chief reasons for Florida having such a high rate of pedestrian fatalities is, ironically, because the state is so friendly to cars. City planning in many parts of Florida has centered around accommodating the needs of drivers, not pedestrians, and so there are many areas—even residential—where sidewalks don’t even exist. This forces pedestrians to walk on... read article

Attorney M David Shapiro

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