Florida doesn’t experience winter the way most U.S. states do, but it still manages to become more hot and humid during the summer months. It also becomes busy on the main highways as tourists drive in from all over and the snowbirds head back north to their summer homes.
Accidents are unfortunately frequent out there, and while we at Shapiro, Goldman, Babboni, Fernandez, and Walsh are happy to represent the victims of car accidents, we’re even happier when people are able to stay safe and reach their destinations. So when you’re out on the road during a long Florida summer, stay aware of your surroundings and keep these driving tips in mind.
Keep Your Sunglasses Handy
Depending on the day, driving with sunglasses in Florida isn’t just a good idea, it’s practically required. The state’s high humidity keeps the sun from glaring too brightly, but in exchange the rest of the sky becomes brighter. Even when the sun is high in the sky and you’re driving due north, wearing sunglasses is a great help in making sure you can see the road and the other vehicles around you.
Never Leave Anything Sitting In... read article
The moment you need to file an insurance claim, you’re at a disadvantage.
Here’s the deal: insurance exists to help us handle emergencies, accidents, and other unexpected costs we need to deal with right away but we don’t always have the money to afford. We pay insurance companies a premium, and so long as we keep up these payments they’ll pay for any expensive accident the insurance policy covers. Insurance companies make money from doing this by keeping track of the odds and adjusting their premium rates based on risk factors and by keeping a careful lookout for fraud.
In other words, then, insurance claims adjusters spend all day every day looking at claims, analyzing the statements and the evidence, and deciding based on that how much the insurance carrier should pay out. On the other hand, you’re going through a stressful situation if you need to make an auto insurance claim, you probably haven’t made many claims before, and you may have a head injury that hasn’t made itself known yet. You’ll need all the help and preparation you can get in this situation, and at... read article
When someone causes you a personal injury or damages your property, you can demand compensation for the damages inflicted. If they refuse or if they don’t give you the full amount, you can file a civil lawsuit against them, and if the amount you’re suing for is more than what the small-claims court will handle then you can ask for a trial by jury.
The United States isn’t the only country to have jury trials, but few other nations allow them for as many trial types as we do. That’s thanks to the Seventh Amendment, which preserves the right to a trial by jury in civil cases. Technically the amendment only covers federal cases, but every state has something similar that covers the same grounds.
However, just because you can have a trial by jury doesn’t mean you have to. You have two other options you can choose, and both of them can be equally as binding.
Trial Before The Bench
For most civil cases, you can waive your right to a trial by jury and instead present your arguments to the judge. The judge can then make a final ruling... read article
Florida’s highways are downright infamous for the number of accidents and fatalities they see every single year. Interstate 4, the highway that connects Tampa with Orlando and Daytona Beach, recently earned the dubious distinction of being the deadliest stretch of highway in America. This is according to Teletrac Navman, which pointed out that more people have died on I-4 in a five-year stretch than the highway has miles. US-192, another Floridian east-west highway, came in at third and I-95 was fifth, although that highway stretches along the entire East Coast.
That’s not all, either. Another report put together by the company Geotab names a different Florida road as the deadliest in the nation: US-1. Route 1 is another highway that follows the East Coast, but Geotab’s report specifically points to the stretch in Florida. Another contender is I-10 along the panhandle.
So what’s going on? What is responsible for all the vehicle accidents, injuries, and fatalities on Florida’s streets? As you probably expected, there are several reasons behind these statistics.
Florida has the third highest population of any U.S. state, with only Texas and California above it in the rankings.... read article
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