My personal injury lawsuit story

Florida Auto Accident Lawsuit Tips

Posted by on Apr 25th, 2016 in Uncategorized | Comments Off on Florida Auto Accident Lawsuit Tips

Auto accidents can be incredibly frustrating, especially if you end up with medical and car repair bills. Worst of all, you might need to pay these bills, even if you were completely faultless in the accident. Fortunately, there is a solution for people in your situation, and that is to file a lawsuit. That being said, lawsuits are pretty complicated. They depend on laws that can vary dramatically between states, so you need to make sure that you are well-versed in the laws of your state before you dive in. To help you out with that, here are some of the most important laws that you will need to know when it comes to auto accident lawsuits in Florida: Statute of Limitations The statute of limitations dictates when you can and cannot file. If you are outside the limit, then you cannot file a lawsuit unless your situation is specifically exempt. In Florida, the general statute of limitations for personal injuries (and thus most auto accidents) is 4 years. Some of the aforementioned exemptions include being a minor and not discovering your injuries until long after the fact. If you were a minor at the time of the accident and no one was available to file on your behalf, then you can file as soon as you turn 18, even if the accident happened more than 4 years ago. However, the court won’t let you take forever, so you will need to file in relatively short order. In most cases, you will be able to file for 4 years from the date that you legally become an adult (the same as the general statute of limitations). If you didn’t actually discover the extent of your injuries until long after the statute of limitations expired, then you may be able to get an extension as well. However, this isn’t particularly common in auto accidents, since most injuries are immediately identified. For an example of where this might come into play, consider a car crash involving a large truck that is carrying toxic chemicals. If you were not notified of the toxic chemicals at the time of the accident, then you may not have had any reason to get the proper medical attention until chronic symptoms present themselves decades later. In that case, you could file relative to the discovery of those chronic symptoms, rather than being restricted to four years after the crash. Comparative Negligence One of the most important rules that you need to consider is comparative negligence, which deals with the impact that responsibility has on compensation. If the court finds you to be partially or fully responsible for your injuries, then they will reduce your compensation accordingly. In other words, the amount of money that you are awarded will depend on just how much responsibility you actually had in the accident. If you are completely blameless, then you will get all the money that you asked for, whereas individuals that are significantly responsible will incur significant financial penalties. Florida takes a very lenient approach to comparative negligence, which is very beneficial to you. Pure comparative negligence (the rule that is in place in Florida) simply reduces the damages proportionally to the level of responsibility. If you were 10% responsible, then you will only get 90% of the amount...

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What Could Changes To Maine’s Wrongful Death Laws Mean For You?

Posted by on Apr 12th, 2016 in Uncategorized | Comments Off on What Could Changes To Maine’s Wrongful Death Laws Mean For You?

If you’ve recently lost a parent, child, spouse, or other close relative through homicide, you may still be in a state of shock and disbelief. For many families who are touched by murder, the option to file a wrongful death lawsuit against the person deemed responsible may not come into consideration until much later. Unfortunately, Maine’s strict statute of limitations on wrongful death lawsuits often prevented these families from receiving justice if the wrongful death case wasn’t filed within two years of the date of murder. A recent legislative effort will amend this law, giving families more time to prepare and file a lawsuit to avenge their loved one’s death. Read on to learn more about this recent change and how it may impact your own wrongful death case.  What changes are coming to Maine’s wrongful death laws? Unlike some states, which have general wrongful death statutes designed to cover everything from murder to motor vehicle negligence to product liability, Maine has a statute that specifically addresses the ability of surviving family members to file a wrongful death suit against an alleged murderer. Until recently, this statute required the court case to be filed (if not necessarily decided) within two years of the murder. Cases filed after this point — even if there was a good reason for the delay — would be dismissed. The Maine legislature recently sought to change this law as it related to the statute of limitations on wrongful death lawsuits arising from a murder, extending the statute of limitations from two to six years. This bill was vetoed by the state’s governor, but the veto was then overturned by the state Senate — if this veto is subsequently overturned by the House of Representatives as well, the original bill will become law. If the House fails to override this veto, the current law will stand.   What could this change mean for your case?  If the two-year statute of limitations has already expired in your wrongful death lawsuit, you may not have any remedy — this bill is unlikely to be enacted retroactively to reactivate expired claims. However, if the clock on your case is still running, it’s likely to be extended an additional four years past the date of murder, giving you additional time to seek legal counsel, evaluate and document the actual financial (and emotional) losses you’ve suffered, and heal before undergoing a potentially brutal trial.  For more information, contact a wrongful death...

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5 Things You Should Do At The Scene Of An Accident To Help You Car Accident Case

Posted by on Mar 17th, 2016 in Uncategorized | Comments Off on 5 Things You Should Do At The Scene Of An Accident To Help You Car Accident Case

When it comes to a car accident case, there are things you can do to help ensure that you have the best chance of receiving a good settlement. Many of these actions start immediately following the accident. Here are a few of them: Call the police. As soon as an automotive accident occurs, you should contact law enforcement. The report from the law enforcement officer serves as an official record of the event. Since the police officer is a neutral party, the information recorded in his or her report helps establish to insurance adjusters and officials the facts surrounding the accident. Ask for medical help. If you are injured during the incident, ask for medical help. Usually, emergency personnel can arrive at the scene of the accident to treat you on site. If there are extensive injuries that require further medical care, you may be taken to a nearby hospital. The medical reports that are recorded concerning your treatment immediately following the accident can help substantiate any claims of injury. Take pictures. Most people nowadays have cell phones with camera capabilities. It is best to take your own photographs of the accident scene. Be sure to take pictures of the position of the cars involved, along with any damage to the vehicles. If there are skid marks on the road, photograph them. The pictures should also help indicate the weather conditions at the time of the accident. The police officer that is called may take additional pictures. However, it is often best to have your own. Obtain witness information. If there are witnesses at the scene of the accident, get names and contact information. This can be vital later on as you are seeking a settlement. The witnesses can provide external eyewitness accounts of what transpired. Be quiet. If an insurance adjuster shows up at the scene of the accident, do not make haphazard statements to him or her. Instead, allow your attorney to correspond with the adjuster. Small indiscreet comments that you make to an adjuster may be used against you later on. Even if the insurance representative asks you how you are feeling, a response indicating that you are doing okay or are feeling fine may hurt you in the long run. If you have been injured in an automobile accident, contact a car accident attorney in your area for legal representation. Most car accident lawyers offer a free initial...

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You’ve Had An Accident While Shopping; See What’s In Store For You

Posted by on Mar 1st, 2016 in Uncategorized | Comments Off on You’ve Had An Accident While Shopping; See What’s In Store For You

When the unexpected happens and you suddenly find yourself injured while shopping in a retail store, your first thought is likely your health. After you’ve seen to that, however, consider taking steps to make sure that the store compensates you for your injuries. Retail establishments are obligated to provide a safe environment for its customers, and if your accident occurred as a result of negligent conditions in that environment you may have a right to money damages and medical expenses. Read on to learn more about how the stores you shop in could be held liable for your injuries. Stores Must Warn of Dangers While it may be impossible for a store to follow people around to ensure their safety while shopping, they are responsible for making sure that any potential dangers are guarded against and for ensuring that any unsafe conditions are addressed in a timely manner. For example, ice and snow at a store’s entrance should be noted by store personnel as soon as possible and customers should be warned about the danger with a caution cone until it can be cleared. Slip and falls on wet, icy surfaces can cause serious injuries to unsuspecting customers. Going even further, stores may be responsible for the unsafe actions of other customers if the store itself contributed to the hazard. For example, stores that have snack bars or coffee shops are responsible for ensuring that a spill caused by the careless shopper dropping a latte onto the floor is addressed quickly before a slip and fall occurs. Other common shopping hazards include: Floors that are uneven or slippery (trips, slips and falls). Wrinkled mats or rugs (trips and falls). Electrical cords that snake across isles (trips and falls, electrical shock). Parking lots with sparse lighting (which can cause not only falls but criminal activity as well). Large stacked displays in grocery stores (bodily injuries). Using Due Care It should be noted that customers do have a responsibility to use be careful when shopping. A personal injury claim is evaluated, among other things, by noting what percentage of fault the business possesses (known as liability) for any given incident. The court will look at whether or not you should have known about the hazard and how you might have avoided it in awarding damages. Consult with an auto accident attorney if you have been the victim of a store’s negligence and wish to seek...

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Do You Want A Jury Or A Judge Trial For Your Personal Injury Lawsuit?

Posted by on Feb 3rd, 2016 in Uncategorized | Comments Off on Do You Want A Jury Or A Judge Trial For Your Personal Injury Lawsuit?

The decision whether you want a judge or a jury to determine a personal injury lawsuit depends on the size of the claim to be filed. If the case is minor, it can be decided by a judge in small claims court. If it is a major case, it should proceed to a higher court with a jury trial. Small Claims Preparation is required in this courtroom, but it is more relaxed than the higher court systems. It is merely where you or your attorney states your case, provide witnesses, and the judge makes the decision. Insurance companies won’t usually file an appeal if losses are less than $10,000. Local laws should be checked before anyone tries to file in the small courts. Many will only award losses that are out-of-pocket expenses. Some of those expenses may include lost work time and doctors’ bills. Even if the claim is legitimate for pain and suffering, the court doesn’t have the power to award those categories. It is advisable to attempt settlement versus the maximum allowed in the small courts. It may be in your best interest to gain a fair recovery amount. This would eliminate the suing process. The insurance company may be willing to make a settlement which will save a lot of time and effort to both parties. The insurance company will most likely have an attorney to represent the opposing side of the case. The judge will not allow bullying in the courtroom. Present the case with honesty and present all of the facts for your side of the case. If you are in the right, your case should be on the winning side. Higher Court Cases If you choose to take your case to higher courts, it is essential to have an attorney with experience to present your case. More complex procedures are involved for complex cases involving substantial damages. Some states will not allow personal injury cases in a small claim courtroom and will require those cases to be filed in the higher court system. If you pursue the case in higher courts, you will be involved with procedures from the opposing injury lawyer involving hearsay, objections, and other legal arguments. For obvious reasons, you would be fighting a dead-end battle without legal representation. Strict rules involve elements that will permit pre-trial discovery and extremely specific rules for evidence presented. Attorneys are well prepared for the legal battle, and will do all possible to win the case. A private person will be placed at a huge disadvantage because of the levels involved in the legal system. It will depend on how much money and how severe the personal injury was before you decide which court system is the best choice. In many personal injury cases, it is best to have an attorney for representation of the facts. In either case, it is up to you as the client to make that...

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Factors That Determine Whether You Can Sue Over Your Public Pool Injury

Posted by on Feb 3rd, 2016 in Uncategorized | Comments Off on Factors That Determine Whether You Can Sue Over Your Public Pool Injury

If you are injured in a public swimming pool, and you have now received medical treatment, you might wonder how you will pay for your medical bills. You might be able to sue the owner of the public pool, but only after taking into consideration certain facts. The Safety Measures Put In Place Public pools are required to install certain safety measures that are mandated by federal and state law. Barriers and latches are necessary to prevent unauthorized persons from entering the pool, especially when there is not a lifeguard currently working. Safety and security equipment include anti-entrapment devices, warning signs, pool alarms and child-resistant fencing. Whether You Were Invited The pool owner is more likely to be held liable if you were invited to use the pool. For instance, if only those who are residents of a particular neighborhood are allowed to use a pool, the degree of liability for the public pool owner would be less if the individual injured was not from the neighborhood. However, if the pool doesn’t contain an essential piece of safety equipment, the public pool owner might still be found fully liable for an injury to someone who was not invited.  Also, if the individual is trespassing on the property, the public pool owner may not be held responsible, especially if the trespasser took extraordinary measures to bypass security measures. For instance, if a teenager uses bolt cutters to enter the pool, the pool owner would likely not be held liable. Whether There Were Adequate Warnings If there are any unique risks for a swimming pool, it is a requirement of the public pool owner to warn guests. For instance, if a pool is too shallow for diving, it would be required to post a sign that reads “no diving.” If There Was An Emergency Phone Number It is usually required to provide an emergency safety number for when someone is injured using the pool. If this number isn’t provided, the public pool owner might be held liable, especially if an invitee is injured and unable to receive prompt medical care. If The Safety Equipment Is Damaged If the public pool includes safety equipment but the equipment has been broken for a long period of time, the pool owner could still be held liable. If a gate has a lock that is broken and a child is able to wander into the pool and becomes injured, the pool owner would be held liable. To successfully sue a public pool for your injuries, you will need to gather evidence of what happened. This can be challenging without the assistance of a premise liability specialist. With an attorney from a company like Goebel Law Office, you will have a better chance for fair...

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Things You Should Know Before Filing A Personal Injury Lawsuit In Florida

Posted by on Jan 18th, 2016 in Uncategorized | Comments Off on Things You Should Know Before Filing A Personal Injury Lawsuit In Florida

Filing a personal lawsuit can be tricky, and the situation is often made even more confusing by the vast differences in how cases are handled from state to state. If you are planning on filing in Florida, then here are some key statutes that you should be aware of when planning your lawsuit: Statute of Limitations: 4 Years When filing in Florida, you need to make sure that your claim is in before 4 years have passed since the date of the injury. In some cases, this can be extended, but normally only applies in situations where the injury was not immediately apparent. For example, if you were exposed to hazardous chemicals at work due to the negligence of your employer, you might develop cancer decades later. When you are filing specifically for a medical malpractice lawsuit, you only have 2 years instead. Comparative Negligence: Yes When you are filing for damages, your compensation will be partially determined by exactly how responsible you were for the injury. This involves breaking down your involvement into a percentage relative to the responsibility of the party that you are suing. For instance, you might be found to be 20% responsible for an accident while the other party assumes the other 80%. In that example, your damages would ultimately be reduced by 20% under comparative negligence laws. A lawsuit for $100,000 in compensation would result in you getting $80,000. Unlike in states that follow a modified version of comparative negligence, your compensation will not drop to nothing if you are found to be more than 50% responsible. Damage Caps: Punitive and Medical Malpractice In the majority of cases in Florida, there are no caps on damages. Not all cases allow for punitive damages and very few cases fall under the umbrella of medical malpractice. However, in the cases where punitive damages are permitted, they are capped at 3x compensatory damages or $500,000, whichever is higher. Medical malpractice lawsuits limit the non-economic damages of a lawsuit to $500,000 in cases where you are suing a health care practitioner and $750,000 in cases where you are suing someone who is not a practitioner. To figure out the distinction between the two in regards to your case, in addition to other facets of your case, you will likely need to consult a lawyer. The specific nature of Florida’s statutes on medical malpractice lawsuits makes it very difficult for the average plaintiff to determine how their suit should be filed on their own. To find out more, contact someone like Norris, Gary G....

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Before Renting An Event Space, Always Seek Personal Injury Legal Help

Posted by on Jan 6th, 2016 in Uncategorized | Comments Off on Before Renting An Event Space, Always Seek Personal Injury Legal Help

Planning a social event can be a quite a responsibility. The job comes with some degree of stress. There are the legal obligations to consider. In particular, you might be held responsible for accidents that occur at a rented space. Following is a guide to help event planners better prepare for possible accidents at rented venues. Renting a Venue Without a Signed Contract It is never wise to rent use of a facility without a signed contract. Without such a document, you remain open to various problems when things go wrong. If an attendee suffers significant injuries at the event, the hosting party could be held liable. Negligence laws assign hosts and property owners with duties to protect guests from reasonable dangers. In the absence of a contract, it could be unclear who is to blame in a particular case; so, everyone from planner to rental agent must be prepared to deal with possible lawsuits. For clarity purposes, experts always recommend having a signed, valid contract. Renting a Venue With a Signed Contract A personal injury lawyer will usually suggest renting a venue only after signing a contract that delineates the exact responsibilities for accidents. There should be an indemnification clause in the rental agreement. This section, which a personal injury lawyer can review carefully, usually releases the owner from liability in cases of accidents during the event. A valid contract helps all involved. The host and planner know what to expect if the worst happens; likewise, the property owner knows he or she will not be liable for foreseeable accidents that occur while you have control over the facility. Having an experienced personal injury lawyer peruse the contract is important because a renter should know that there are no pre-existing conditions listed releasing the owner from responsibility. No renter wants to be responsible for things, such as serious floor cracks, that the owner should have fixed. In fact, a personal injury lawyer can even visit the venue to provide an objective assessment of possible liability dangers. Get Legal Help Before You Rent a Space Before deciding on a place to rent for that party, wedding or other social function, it is always best to contact an experienced personal injury attorney. This legal representative can help ensure that your event is a success and that everybody remains safe from foreseeable accidents. Furthermore, if a guest does suffer injuries, this lawyer can help defend against unfair damage...

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3 Things You Need To Know About Filing A Personal Injury Lawsuit For A Motorcycle Or Car Accident

Posted by on Dec 23rd, 2015 in Uncategorized | Comments Off on 3 Things You Need To Know About Filing A Personal Injury Lawsuit For A Motorcycle Or Car Accident

Car and motorcycle accidents happen everyday. Unfortunately, many people are hurt while on the road and are looking for a way to find restitution for their pain and suffering. If you have been in a vehicle accident, you might be wondering what you can do to get help with your medical expenses and any other losses you might have experienced. A personal injury lawsuit is a good way to get what you deserve. However, not all situations merit a lawsuit. Here are a couple things that you will need to make it a legitimate lawsuit. 1. There Has To Be Fault Of The Other Person One of the most important aspects is that the other party had to be at fault for the accident. They don’t have to be completely at fault, but they do have to have the majority of the responsibility for the accident. This is because you can’t sue someone who wasn’t reckless or negligent. If there was ice on the road and the other driver did everything that they could to avoid harming others, i.e. they were driving slowly, not intoxicated, followed all safety rules and guidelines, then you might not have a case against them. Instead, you simply have an unfortunate accident on your hands. Thus, there must be fault. 2. There Must Be Injuries You Can Prove From The Accident In some cases you will be in an accident that render no serious injuries for either party. Your insurance may have already paid for your loss of property, like the repairs of your car or motorcycle and everyone is essentially back to their normal lives. In this case you would have no case against the person. Instead, you need to be able to prove that you sustained injuries from the accident. This can be property damage, physical pain and suffering and even loss of wages and quality of life. 3. You Must File Within The Proper Amount Of Time Personal injury lawsuits have a statute of limitations. This means that you only have a certain amount of time where you can file a lawsuit. For example, if you were in an accident 5 years ago and just now want to file a lawsuit, there is a good chance the courts will deny the suit. In most situations you only have a couple years to file the suit. That is why you should talk to a lawyer immediately following the accident to assess your options. These are just a couple things you need to know about a personal injury lawsuit. For more information, contact firms like Welsh & Welsh PC...

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4 Ways To Prove Your Car Accident Case

Posted by on Dec 14th, 2015 in Uncategorized | Comments Off on 4 Ways To Prove Your Car Accident Case

Being in a car collision can be a scary and difficult time. The emotional, physical and financial challenges can make it difficult to cope with this situation. You also may need to take legal action against the other driver to help you recover your financial losses. If so, you will need to know the parts of the discovery stage that allow you to prove your car accident case. This can assist you in building a stronger case and hopefully will allow you to be compensated for your losses. The Deposition One of the things you may need to do during the discovery stage is meet with the attorney for your legal opponent. This is referred to as the deposition, and it will be necessary for you to answer several questions when doing so. Listed below are some things you need to know about this meeting: 1. You will be sworn in under oath, and this is to encourage you to be truthful at all times. 2. You should always have your own attorney present with you. 3. There will be a court reporter present who will transcribe the entire meeting. Written Interrogatories You will be asked to answer a series of no more than 25 questions regarding the car accident. In an attempt to strengthen your case, you should provide thorough details about the collision.  Request for Admissions Statements The court system is busy and prefers to get to the details of your case quickly for resolution. One way to assist in doing this by either admitting or denying certain statements about the accident. This could shorten the length of a jury trial if the case went this far. Request for Production Documents The time to submit the written proof for your case is during this part of the discovery stage. Listed below includes information that you should provide: 1. Car repairs – Be sure to obtain an expense report of the costs to repair your vehicle or the amount to replace it if it’s a total loss. 2. Lost wages – Take the time to ask your employer to write a letter stating your lost wages. 3. Medical bills – Make copies of all your medical costs and submit these to help recoup your expenses. Being involved in a legal action can be difficult, but it may help you recover your losses because of a collision. Be sure to rely on the expertise of a car accident attorney, such as Finkelstein Joel M, to assist you in starting this legal...

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