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Personal Injury Category Archives – Tampa Bay Criminal Defense …

  • Attorney Daniel Albert

While an initial consultation with a personal injury lawyer is used to help you get a professional evaluation of your case, it should also be used to help you evaluate the skills and integrity of the attorney. Since the quality of your lawyer will contribute to the outcome of your case, it’s important to look for the best possible attorney to represent you.
When seeking any type of legal advice, the one thing you will commonly hear is that it’s important to seek out an experienced attorney. While this is important, it’s more important to find a lawyer with the specific type of experience you require for the handling of your case. This goes beyond differentiating between a criminal defense attorney and a personal injury lawyer in Lakeland FL or your local area.
Every year, workers suffer from several work-related injuries that range from tendonitis to muscle sprains, and in extreme cases, nerve damage. Human resource (HR) managers, therefore, are required to oversee many tasks to provide a safe working atmosphere for their staff.
The 1970 Occupational Health and Safety Act (OSHA) is in place to ensure workers operate under safe working conditions. The act allows the enforcement of workplace safety policies and helps employers to provide a suitable working environment by offering training and research for everything related to work safety. The following are strategies that HR can use to provide a safe working environment for their staff.
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Driving a commercial truck, semi, or big rig poses obstacles that “regular” passenger car drivers do not face. One thing, they’re huge and can be hard to handle, especially on narrow roads that do not accommodate such cars. So, to keep away from accidents, all the truck drivers must take truck training.
For another, their size makes them more difficult to control, which means they can’t react as rapidly as a smaller passenger car to a sudden or unexpected motion. Even yet, truck accidents can cause by either a truck driver or a passenger car driver. When behind the wheel, any motorist must act appropriately and be alert of potential road risks at all times.
Commercial truck drivers are to blame for truck accidents:
andrew-W-1-300x225(Note: This is a guest submission. Author information is found at the end of his article.)
The law of negligence generally determines a personal injury.  It allows an individual to be compensated for all the losses originated from accidents, incidents or cases caused by the negligence of someone else.
One example of personal injury is when someone was hurt due to a defective product. This instance, however, does not immediately establish the negligence of the manufacturer. Cases about product defect are governed by the so-called legal concept named strict liability.
In 2012, there were over 10,600 road-related deaths in the US for every 100,000 of the population. This meant that there were 33,561 deaths in total and 2.36 million injuries linked to the road. In fact, it’s said that there is a road accident every 14 seconds on average in the US. The most common reasons for road crashes include alcohol, (driving under the influence), speeding and using cell phones while driving.
Reasons for Accidents and Fatalities
While many people are injured or killed as a result of their own actions, many people die or are injured on the road due to no fault of their own. If you are the victim of an accident due to someone else being reckless and not taking enough care and attention while driving you maybe be able to make a claim against them to get the compensation you deserve for the injuries you have sustained. Personal Injury lawyers like us here at Blake & Dorsten P.A from Florida and Thomson Snell and Passmore from Kent in the UK specialise in automobile accidents and can both help you if you need to make personal injury claims.
Every year there are millions of people who are injured in personal injury accidents – on the road, at work, at home or outdoors. And more often than not, they are not at fault for these mishaps, in which case they deserve to be compensated for their agony and loss. Personal injury claims help these victims to achieve this compensation. But before deciding on going about a personal injury claim, how will you evaluate if your claim is worth pursuing? The answer to this key question lies in ‘Damages’. So what are damages? What are the different types of damages? How do you evaluate these damages?
1. Compensatory Damages:
When it comes to personal injury claims, most damages would fall under the category of compensatory damages. Compensatory damages are damages that can be evaluated and monetarily compensated. While it is easy to put a value on some compensatory damages like medical expenses, loss of property etc., it is difficult to put a value on the pain that one has suffered because of the accident. These loses can be categorized as monetary and non-monetary losses.
i. Monetary losses:
Losses that can be easily evaluated and put a price on are called monetary losses. They are relatively easy to calculate based on evidence or indications such as cost of medical treatment, value of property etc.
Medical expenses:
Almost all claims will cover medical expenses as damages as it is imperative that an injured victim is treated for the injury suffered due to the accident. It not only covers the cost of treatment that the patient already has incurred, but also covers such costs that the patient will be required to incur in future for the rest of his/her life.
Loss of income:
If the accident has resulted in loss of income for the victim then they can claim damages for the same. It not only covers the income that the victim has already lost because of the accident, but also will cover his/her future income as can be calculated. This is termed as ‘loss of earning capacity”.
Loss of property:
If the accident resulted in the loss of a physical property such as vehicle or any other item of value, then it can be covered as damages. The value can be calculated based on the cost of repair or fair market value in case of irreparable damages.
ii. Non-monetary losses:
Losses that are physical and emotional and that cannot be easily evaluated are called non-monetary losses. It is difficult to put a value on non-monetary losses and it may considerably vary between victims.
Pain and suffering:
Most personal injuries involve pain and discomfort and it is imperative that the damages cover this suffering. The damages will cover compensation for physical pain endured during the accident and also during the recovery phase.
Emotional distress:
Damages will also cover the psychological impact of the injury. This includes anger, fear, loss of sleep, anxiety, frustration etc. that is associated with the injury.
Loss of enjoyment:
If the injury resulted in the victim’s loss of interest and enjoyment in life such as hobbies or other recreational activities, the damages can cover this.
Loss of consortium:
Loss of consortium is provided to the spouse who is affected because of the victim’s inability to indulge in the relationship. It includes loss of companionship, loss of affection, loss of sexual relations etc. Traditionally, these types of damages are lightly compensated.
2. Punitive damages:
Punitive damages are intended to punish the defendant for their outrageously careless act that resulted in the injury in the first place. Punitive damages are awarded on top of compensatory damages and are designed to provide some kind of emotional closure to the victim. They can act as deterrents in future. However, punitive damages are not awarded in all personal injury cases and they are reserved for serious acts. Also most states have a limit to the amount that can be claimed as punitive damages to avoid excessive claims on this account. Some common examples of punitive damages are injuries that result from reckless or wanton behavior such the Defendant injuring the Plaintiff in a DUI or a wrongful death case when the Defendant had knowledge of the danger and took no steps to correct same.
It is imperative to be aware of the different damages that one can claim for a Clearwater auto accident lawyer or a Miami personal injury attorney. Also it is important to ensure that the claimant is not negligent on actions that they have to take, in order to mitigate the impact after the accident, as this will have a bearing on the damages awarded.
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You’ve been in a serious automobile accident that was another driver’s fault and you both have automobile insurance. Whose insurance pays for your injuries and the damage to your car? The answer may depend on the state in which you reside.
The majority of states are using what’s known as traditional tort insurance. The driver who is at fault and his or her insurance company are responsible for any injuries or losses that the innocent driver suffers. Sometimes the at-fault driver’s insurance company will pay all of the innocent driver’s accident-related expenses. In other instances, the innocent driver may have to hire an auto accident attorney and sue the at-fault driver to collect the money this driver may deserve.
But a handful of states (like right here in Florida) require drivers to purchase no-fault automobile insurance (sometimes known as personal injury protection or PIP). In these no-fault states, each driver’s automobile insurer pays for its client’s expenses after a car crash. The innocent driver may be barred from suing the driver who is to blame for the accident, or they may only be able to sue in limited circumstances.
Am I in a No-Fault Insurance State?
Nine states require drivers to have no-fault auto insurance. Those states are:
Florida
• Hawaii • Kansas • Massachusetts • Michigan • Minnesota • New York • North Dakota • Utah
Additionally, Kentucky, New Jersey and Pennsylvania allow motor vehicle owners to choose between traditional auto insurance and no-fault insurance. (These are sometimes referred to as choice no-fault insurance states.) If a Pennsylvania driver doesn’t make a choice, then he or she is automatically provided with traditional tort coverage. In Kentucky and New Jersey, drivers who don’t make a selection default to no-fault coverage.
When Can You File a Personal Injury Suit in a No-Fault State?
Drivers in no-fault insurance states are not completely barred from filing personal injury lawsuits in connection with automobile accidents. The state just raises the bar on eligibility requirements to keep the courts from getting clogged by minor lawsuits.
In five no-fault states, drivers must meet what’s known as a verbal threshold. If the accident and its injuries were sufficiently serious–for example, someone in the accident is killed, dismembered or permanently disabled–then a personal injury or wrongful death lawsuit is allowed. The states that have a verbal threshold (sometimes known as a qualitative threshold) are:
Florida
• Michigan • New Jersey • New York • Pennsylvania
In other no-fault states, there is a monetary threshold or quantitative threshold that must be met before a lawsuit is permitted. Those states and their thresholds are:
• Hawaii: $5,000
• Kansas $1,000
• Kentucky $1,000
• Massachusetts $2,000
• Minnesota $4,000
• North Dakota $2,500
• Utah $2,000
No-fault insurance and its rules can be confusing. If you’ve been hurt in a car crash that was someone else’s fault, talk to an automobile accident lawyer today–even if you live in a no-fault insurance state. Your attorney can review the details of your claim, help you understand your state’s laws and determine whether you have grounds for a lawsuit.
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There are certain times when you will be facing adversity through injury. If the injuries which you have suffered are due to the negligence of another person, the most natural thing to do is pursuing legal action. But how will you proceed on when dealing with this?
Make your Report Detailed
Whether you are creating your accident report yourself or if the police are preparing it for you, you should make sure it’s detailed. Talk about everything that you have suffered such as a concussion, bruise and anything between. If some bumps develop in the place in the future, it really helps to note them down. Also, think about the mental side of things and more possibly, write down whatever you are going through.
Know How Much Money You Have Lost
When you don’t attend work because you have suffered an auto accident, you will lose money because you will not be able to attend work. And for those who are able to attend work, they may be getting paid at a lower rate. In the long run, you will have lost a reasonable amount of money. Also, if you have missed out on other opportunities such as attending learning and educational opportunity, you should consider listing down the cost of those classes.
Get Advice from Trusted Friends
As a result of suffering personal injury, you will absolutely need to get an experienced legal professional to offer you the much needed representation. Getting the best legal professional can be challenging hence there is a need for you to consult friends and family members who you can trust. It’s in your best interest that you need to invest in a knowledgeable and highly experienced personal injury attorney. By asking for reference from the people you trust, you can actually be able to hire an attorney whom you will work with and deliver you great results.
Don’t Fall for Advertisements
Whether you are picking an auto accident attorney in Saint Petersburg, FL or Anchorage, AK, you should never just rely on advertisements. Good attorneys advertise their service but usually get the bul of their business by building an actual reputation over time. Even if an advert is very good, it may not be able to tell about the actual ability of the attorney. Talk to the people you know and they will be able to refer you to a reputable attorney who has what it takes to deliver you fantastic service. In many cases, people who have hired attorneys based on the adverts they saw on television have ended up being utterly disappointed and you don’t have to be part of the statistic. It’s really worth your effort to search when looking to hire a lawyer because the person you hire determines the results that you get in the long run.
Ask Questions
When you are meeting with an attorney for the first time, it is important that you ask as many questions as possible. For instance, you should ask about the attorney’s education, length of experience in similar cases, working plan, case management and a wide range of other issues. By taking the best approach when hiring an Anchorage insurance lawyer or a Pinellas auto accident attorney, you stand better chances of achieving fantastic results.
About the Author:
This guest post was contributed by Robert Stone. He is a premier plaintiff’s Anchorage Auto Accident Lawyer.

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Motorcycles represent just 3% of registered vehicles in the U.S., but account for 13% of traffic fatalities in 2007, according to Examiner. For example, in California, 80% of all motorcyclists involved in an auto accident resulted in death or serious injury. The statistics here in Florida are almost identical. Personal injury lawyers are able to represent people injured in motorcycle accidents by proving liability through negligence.
But motorcyclists often have a bad reputation. In a courtroom populated by non-motorcyclists, there may be little mercy to be had. Whether motorcyclists’ bad reputation is justified or not, juries often have an overwhelmingly negative opinion of the cycling community. This woman did little to alleviate this negative sentiment.
Liability
Factors like injuries and liability issues involved in a motorcycle accident are very different from an auto accident. The law of the land for motorcycles is “negligence.” This means that the person in the accident who behaved in a thoughtless or careless way is held liable. No matter the driver or vehicle, one must still be cautious of all motorists, passengers, pedestrians, and bicyclists.
Contrary to popular negative viewpoints of motorcyclists, the driver of the other vehicle is often held negligent. They are usually negligent because they did not look twice for motorcycles, or check their left-hand turn mirror before turning, etc. If they were doing something illegal, like running a red light or speeding, they will be held liable for the auto accident and any injuries sustained by the other party.
Motorcyclists are still held liable often enough. For example, an inebriated motorcyclist will find no succor in court if they swerve in front of or into a car, causing it to crash. On top of a probable DUI charge, they will also be responsible for any injuries suffered from the crash even if they are injured themselves.
The most common causes of these accidents are motorcyclist head-on collisions, cars executing left-hand turns, cars not looking twice for harder-to-see motorcycles, motorcyclists lane splitting, speeding and alcohol use, collisions with fixed objects, road hazards, and super-sporty cycles being operated recklessly.
The Basics of a Negligence Claim
In order to prevail in a motorcycle accident case the plaintiff must prove:
– That the law required the negligent driver or the defendant to be careful when operating a vehicle. Truly, it is a common law that motorists exercise caution when riding or driving.
– That the defendant was driving without caution versus in a safe, prudent manner. If there is any ambiguity, the two drivers’ conducts are compared to that of a “reasonable person.”
– That the defendant’s actions while driving or riding were directly responsible for the injuries sustained by the plaintiff.
– That they were injured, suffered losses, and deserve to recover those losses. If the plaintiff cannot prove any damages, suffered losses aren’t recoverable. This is true even if the defendant is proven guilty of acting carelessly.
If the plaintiff is equally at fault with the defendant, the recovery for suffered losses may be reduced (“comparitive negligence”). Often the plaintiff’s behavior while operating his/her vehicle is used as evidence for defense against the negligence claim in order to reduce the recovery amount.
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Noah Kovacs has over ten years of experience in the legal field. He has since retired early and enjoys blogging about small business law, legal marketing, and everything in between. He recently purchased his first cabin and spends his free time remodeling its kitchen for his family. Twitter: @NoahKovacs
A guest blogger who gives useful tips in what to expect if you need to file a personal injury claim…
Going to court or being involved in a lawsuit is not the place most people want to find themselves, especially after they’ve been injured. However, if you’ve been injured on the job, involved in a car accident, or otherwise experienced bodily or emotional harm due to another person’s actions, you may be entitled to monetary damages through a personal injury claim, but before you file a claim there are a few things you’ll want to consider.
Time Limits
Often called the statute of limitations or periods of prescription every personal injury case has a time limit. If you don’t file by the deadline then you’ll miss your opportunity to seek compensation for damages. To ensure this doesn’t happen to you make sure you seek legal consul from a qualified litigation law firm immediately following any personal injury event. Florida has a four year statute of limitations claims on most injuries so make sure you consult with an experienced Florida personal injury lawyer soon after your injury.
Experience Matters
Like everything in life experience matters. To give your case the best chance of winning you’ll want to hire the most experienced attorney you can. Chances are good that if you’re going up against a corporation or a wealthy individual you’ll be facing an entire team of experienced lawyers. Take special consideration to hire an attorney with experience in the specific field of your case (traffic accident injuries, slip and fall claims, etc.).
No Up-Front Payments
It is common practice for personal injury lawyers to require payment only after a case has been successfully won. Typically this comes in the form of a standard fee plus a percentage of the financial compensation (33-40%).
Commitment
The majority of personal injury lawsuits can take anywhere between 2 – 3 years or longer to complete so you need to be ready to commit a large portion of your time and life to winning your case. If you’re not ready to commit to the case, don’t file it until you are.
Hidden Secrets
The opposing side’s legal team will spy on you, it’s their job. They’ll be looking for any incriminating evidence that they can use against you to prove your claim is without merit, or wrong. Any hidden secrets you have whether personal or professional may be discovered and disclosed in the court of law. If you’re not willing to endure this, it may be in your best interest not file a claim.
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