How Damages Are Assessed for a Personal Injury Lawsuit

Have you been injured due to the negligence of a person, group, or company? If so, you have a right to be fully compensated for your injuries, but how those injuries relate to a settlement or judgment amount can be difficult to understand. There are actually different types of damages, and they are calculated in different ways.

Compensatory Damages

Compensatory damages are monies that you are entitled to based on verifiable, definable losses. For a personal injury case, this is going to be all of the financial impacts of the accident. This can include medical bills, necessary ongoing or future medical treatment, loss of wages because you were unable to work, or property damage that occurred at the same time as the injury.

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Statute of Limitations for Personal Injury Cases in Florida

If you have suffered an injury in Florida, you have a set amount of time to file a claim against the party or parties that caused you harm. If you don’t pursue your case before that, you will lose your right to gain compensation for your injuries. It is very important to contact an attorney as soon as an accident happens so that you can get the legal representation you need to preserve your rights.

For most personal injury cases, the statute of limitations in Florida is four years. That means that if you file a lawsuit, it must be done before four years from the date of the accident. Cases against a government entity, typically has a shorter statute of limitations of three years. While medical malpractice cases have different statutes of limitations, typically 2 years, and complex rules for filing a case.

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Tips for Surviving the Pandemic in Florida Without Injury

The coronavirus pandemic has turned the whole world upside down; and as a part of that, the risk of injury is much higher. Many people are being very reckless, both on and off the roads. You are always at some risk of an injury accident, but during the chaos of this crisis your risks are much higher. Here are some tips for surviving the pandemic without an injury accident.

Shop at Odd Times

If you have to go out for essentials, try to do so outside of peak shopping or traffic times. The best way to avoid an injury accident is to avoid as many hazards as possible, and right now the biggest hazard is the people themselves. Shopping at odd times reduces your exposure to other people, which is good in more ways than one.

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Types of Distracted Driving and When It Becomes Dangerous

Every state has laws against impaired driving, and most states also now have laws against texting while driving. But there are many other situations in which your driving could be impaired by distractions. Even though these distractions are not against the law, they are likely to cause an accident. If you cause an accident due to being distracted, you could be liable for the other person’s injuries and property damage.

Here are some of the most common types of distracted driving.

Eating While Driving

A lot of people do it, especially people who travel a lot for work or recreation. It can be very tempting to go through the drive thru at your favorite fast food restaurant to grab a bite to eat so that you can stay on the road, but eating while driving can be very dangerous. Here are a few examples.

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Why Amazon Delivery Accidents Happen and What to Do

Since Amazon started making deliveries directly, there are a lot more drivers on the roads. Amazon drivers, like other delivery drivers, are more likely to have a car accident. For those of us on the roads handling day-to-day business, these drivers pose a unique risk.

Distracted Driving

We talk a lot about texting while driving, but any kind of distraction while driving can be dangerous. Amazon delivery drivers are particularly distracted. They must follow a GPS to each home and business where they are delivering. They may also be distracted by notifications and interactions with Amazon. This leaves little attention for other vehicles on the road.

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The Prevalence of Florida Dog Bite Injuries

You might think that your chances of getting a dog bite injury in Florida are slim. But in reality, dog bites happen quite frequently. There are about 600 people bitten by a dog each year in the state of Florida. Dog bites can happen for different reasons, and they don’t always lead to severe injury. 

Causes of Dog Bites

There are three main causes of dog bite injuries. The most common occurrence of dog bites is when people try to break up a dog fight. As a general rule, these dog bite injuries are not the responsibility of the dog owner. The other two causes of dog bite injuries are inappropriate behavior management and protective behavior. 

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Types of Personal Injury Compensation in Florida

When you have a personal injury case in Florida, it is natural to wonder what types of damages you can ask for in your settlement or award. Sometimes the compensation that you will receive will be very cut and dry, but there are some situations in which you may be entitled to more than one type of compensation. 

Compensatory damages are the most common in personal injury cases in Florida. Compensatory damages are compensation for specific damages that you can prove, such as medical bills and costs of future medical treatment. Here are some other examples of compensatory damages.

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The Broad Definition of Sexual Harassment

Most people think that sexual harassment is limited. Women are often not fully aware of what sexual harassment in the workplace is and who can commit it. While most women are aware that they cannot be made to perform sexual favors or accept sexual advances to keep their job or earn a promotion, sexual harassment in the workplace goes well beyond this.

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The Primary Definition of Sexual Harassment

Sexual harassment in Florida is defined as behavior, statements, or actions that are sexual in nature and contribute to a hostile work environment. What constitutes sexual harassment in terms of behavior and statements can be a bit arbitrary, and its definitions can vary across company literature. However, any sexual or romantic advance that is unwanted and unwarranted can be considered sexual harassment.

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What Constitutes Wrongful Termination in Florida

Unfortunately, it is very common for people to be wrongfully terminated. Whether you were fired for something you didn’t do, or you were fired for some unspecified reason unrelated to your performance or attendance, you may feel as though your rights have been violated. However, these things typically do not constitute wrongful termination under the law.

Florida is an at-will state, which means that you and your employer can terminate your employment at any time, for any reason or no reason at all. Because of this, it is very difficult to prove wrongful termination in the State of Florida. 

Because Florida is an at-will employment state, this also means that the only situations in which you can claim wrongful termination is when your legal rights have been violated. This includes, but not limited to, situations such as retaliation for sexual harassment reporting, age discrimination, racial discrimination, or gender discrimination. Let’s look at each of these in more detail.

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Are Non-Compete Agreements Enforceable in Florida?

Employers often deem non-compete agreements an important step in protecting their legitimate business interests. However, sometimes these agreements are unnecessarily restrictive, or they may have no basis in law. There are certain times when a non-compete agreement is enforceable in Florida, but there are also many instances in which you could still work for a competitor.

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Requirements for a Non-Compete Agreement

There are certain requirements that must be met in order for a non-compete agreement to be enforceable. First, it cannot extend past the geographical area in which the employer operates. Second, it cannot extend past a reasonable amount of time.  Third, the non-compete agreement is more likely enforceable if the employer has trade secrets or proprietary information to which the employee had reasonable access.

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