Proving Negligence in Slip-and-Fall Cases in Florida

Were you injured in a slip-and-fall accident? If your accident happened in a store or other commercial location, you might be thinking that they should pay for your medical bills and lost time at work. While this is the case in some situations, it doesn’t apply to every incident. You have to be able to prove negligence, and that means a lot more than you might think.

What is legal negligence in civil law?

As a general rule, you have to prove negligence to receive damages from any entity for any type of personal injury case. Slip-and-fall accidents definitely fall under this umbrella, but negligence is not an easy thing to understand when it comes to Florida’s slip and fall laws. Here is an explanation by way of example.

Continue reading “Proving Negligence in Slip-and-Fall Cases in Florida”

Florida Is a No Fault State: What That Means to Your Car Accident Claim

If you’ve recently moved to Florida and had a car accident, you might be feeling a little lost. Florida is one of just a few states that still have no-fault car insurance laws, so there’s a good chance you don’t really understand your new car insurance. Here’s what you need to know about Florida car accidents in relation to no-fault car insurance.

What is no-fault car insurance?

Florida “no-fault” insurance is actually just one coverage under your own car insurance policy, which is actually called Personal Injury Protection (PIP). In Florida, no matter who is at fault for the accident, your own insurance company pays 80% of your initial medical bills up to a maximum of $10,000. These payments are made from your own insurance PIP coverage, regardless who was at fault for the car accident. This can seem grossly unfair, especially if your injuries are severe and the accident clearly occurred due to someone else’s negligence.  

Continue reading “Florida Is a No Fault State: What That Means to Your Car Accident Claim”

What to Do When Negotiating with a Car Insurance Company

Florida requires all drivers to have car insurance, so you’re likely to deal with such a company or insurance agent whenever you are in a car accident anywhere in the state. Even when the other person is responsible, you will need to work with both your own car insurance company and the insurance agent for the other party to get claims filed and investigations completed in a timely manner.

Unfortunately, most of these companies are not interested in being timely. Think about it. These companies make their bread and butter based on the idea that something bad might happen. They don’t want to let go of it when something does happen unless they are absolutely required. As such, some companies will cause delays in processing the claims or outright deny claims out of turn.

Continue reading “What to Do When Negotiating with a Car Insurance Company”

Why You Should Always Contact Police After a Car Accident

It can be very tempting to just trade insurance, identification, and vehicle information when you have a “fender bender.” But even when an accident seems to be minor, you need to contact police to file an immediate report in a scenario where they can view the accident scene and evidence for themselves. Here are some other reasons to call the police after an auto accident.

Damage might be more than you think.

The State of Florida requires that all parties file a police report with the local authorities if an auto accident incurs more than $500 estimated damages. Even just busting the grill of a newer model Ford sedan can be thousands of dollars due to the materials and parts. If you make a mistake and fail to file a report, you could face fines and other repercussions.

Continue reading “Why You Should Always Contact Police After a Car Accident”

Can Your Employer Require You to Wear a Face Mask?

There has been a lot of controversy in the last several weeks about mask-wearing; and while we don’t want to get political, we do want to make sure that you are aware of your rights and limitations under the law when it comes to this health mandate. To understand how the law applies, we have to look at local mandates as well as employment law and workers’ rights.

Can my boss force me to wear a mask?

The short answer? More than likely your boss can force you to wear a mask, but you may be able to qualify for an exemption under the ADA.

Continue reading “Can Your Employer Require You to Wear a Face Mask?”

Why You Must Move Quickly in Employment-Related Lawsuits

The fact is that worker rights are violated every day across the nation. A very small percentage of workers actually pursue employment-related lawsuits when faced with workplace discrimination, harassment, wage violations, or retaliatory practices.

Many employees are on the fence about pursuing employment violations. They are afraid that they will not get any great benefit from the lawsuit compared to the hassle of pursuing the matter. In addition, employees worry that it will affect their ability to obtain employment in the future.

Continue reading “Why You Must Move Quickly in Employment-Related Lawsuits”

Overtime and Working Off the Clock—What Your Boss Doesn’t Want You to Know

It happens all the time. You’ve clocked out, gathered your belongings, and are headed out the door when your boss says, “Oh, one more thing before you go…”

Of course, your boss doesn’t want you to take the time to clock back in. “It will just take a minute, please?” If you just want to get out of there and go home to relax, just doing it off the clock is tempting, but this is actually illegal. 

According to federal law, you must be compensated for every minute that you work, even if it is going to give you overtime pay. Here’s what you need to know about working off the clock and overtime.

Continue reading “Overtime and Working Off the Clock—What Your Boss Doesn’t Want You to Know”

How Long Will My Personal Injury Lawsuit Take?

No two personal injury lawsuits are ever exactly the same, so it can be hard to tell how long it might take to settle or win your case. Especially in the middle of the pandemic, attorneys, insurance agents, and courts are not operating at full capacity. This can further delay your case. Here are a few other things you should know about how long it will take to settle your personal injury case.

Extent of Your Injuries

Part of what determines how long it takes to get a settlement or payout depends on the extent of your injuries. The liable party is should compensate you for your medical bills and lost wages during your recovery; but if that recovery takes months or years, you typically would need to wait until you have reached maximum medical improvement and your doctors (and attorney) have a good idea as to what is your final diagnosis, future prognosis, and what future medical care will be needed, if any. 

Continue reading “How Long Will My Personal Injury Lawsuit Take?”

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.

Continue reading “How Damages Are Assessed for a Personal Injury Lawsuit”

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.

Continue reading “Statute of Limitations for Personal Injury Cases in Florida”