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Pedestrian Accident

Presser Law, P.A. > Pedestrian Accident (Page 2)

Time is Running Out – Florida’s Statute of Limitations

Florida's Statute of Limitations

FLORIDA'S STATUTE OF LIMITATIONS Injuries can occur in a number of ways.  However, they all have something in common – a time limitations on bringing your claim in court.  Florida’s statute of limitations is found at Florida Statute 95.11.  This statute outlines the time limitations which apply to wrongful death, car accident and other injury and non-injury claims.  Failure to bring an action within the appropriate limitations period risks being unable to bring the claim at all. Some of the most common statutes of limitations are as follows: Statute Type of Case Limitation 95.11(1) Recorded Judgment 20 Years 95.11(2)(b) Breach of Written Contract 5 Years 95.11(3)(a) Negligence 4 Years 95.11(3)(k) Breach of Unwritten Contract 4 Years 95.11(4)(b) Medical Malpractice 2 Years 95.11(4)(c) Wages...

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Immediate Medical Care Can Help Your Injury Case

How to help your injury case

As an injury attorney, I see many ways injury victims often hurt their case.  One of the main reasons is failing to seek immediate medical care after an injury. Seeking immediate medical care after an injury is extremely important.  Some of those reasons include: Documenting your pain complaints, Documenting any visible injuries, Helping relate the injury to the incident, and Securing your use of insurance benefits. Documenting Your Pain Complaints Properly documenting your injury claim begins early on.  Without proper documentation, you may be hurting your injury case. An important step is documenting your pain complaints with a medical provider.  Initial evaluations are necessary...

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How Much Is My Case Worth?

What is my case worth?

How Much Is My Case Worth? “How much is my case worth?” This is probably the question I get asked the most.  As a result, I thought I would discuss what goes into determining case values.  Please keep in mind that each case is different and this is simply intended to give you a general overview.  Full analysis is too detailed for this post as analysis of your case's value is extremely fact-specific. However, before we begin let me just say the "How much is my case worth" is the wrong question.  You should be asking "What is the value of my case?" CASE...

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Children At Danger From Vehicles

Child injury law

Injuries to Children On average, 12,175 children under the age of 19 die each year from unintentional injuries.  These injuries and deaths occur in countless ways.  The most common include car accidents, being struck as a pedestrian, and trip and falls.  However, there are many other, less common, ways in which a child can be injured or killed - such as failing to properly secure furniture or drowning due to inadequate or improperly trained staff. Children As Pedestrians According to AAA, nearly 1 out of 4 child pedestrian fatalities occurred between 3 p.m. and 7 p.m.  In 2016, the NHTSA documented 2,466 children killed...

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Florida’s Accident Report Privilege in Civil Cases

Florida accident lawyer example of a crash report

Florida's Accident Report Privilege So you’ve been in an accident and the other driver told the officer they were at fault.  Now all you have to do is use that statement at trial and your case is a slam dunk, right?  Wrong! Florida's Accident Report Privilege statute prevents any statements made by those required to interact with law enforcement after a crash from being used against them in a later civil or criminal trial.  Persons covered are typically the driver and occupants of the vehicles involved in the crash.  The privilege balances a person’s Fifth Amendment right against self-incrimination with an officer’s obligation to...

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Documenting the Injury Scene

When you are injured in a car accident, it's important to document the injury scene

If you have been injured, it is important to document the scene of your injury and preserve the evidence for later - even if there are eye witnesses. The Imperfection of Eye Witness Testimony While it is true that eyewitness testimony is some of the most impactful at trial, it is also considered one of the most unreliable forms of testimony.  One reason for this, according to a recent peer-reviewed article published on the National Center for Biotechnology Information’s website (part of the United States National Library of Medicine) is that memory is a reconstructive process.  When a person is asked to recall...

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How Much Does Hiring An Injury Lawyer Cost?

How much does hiring a lawyer cost?

Presser Law, P.A. Has No Upfront Attorney Cost Or Fees As an injury lawyer or attorney in the Central Florida area for over 10 years, one of the more common inquiries I receive concerns payment to retain my services by injury victims.  It is not uncommon for an injury victim to worry about the cost of retaining an attorney or lawyer.  For many people, before they even seek out an injury lawyer all they know is that attorneys can be expensive many people simply cannot afford upfront costs of retaining an attorney to fight major insurance companies or corporations for the...

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What is Uninsured Motor Vehicle Coverage and Do I Need It?

What is uninsured motorist coverage

Why Do I Need Uninsured Motorist Coverage As you already know from my prior blog, “Understanding the Full Coverage Myth,” Florida requires the average, non-commercial driver to carry only Personal Injury Protection and Property Damage coverage.  While both of these coverages can assist the coverage holder in different ways, neither of these coverages protects an injury victim from the physical injuries caused by someone else in a car accident. Bodily injury coverage is the name of the insurance which protects someone if they cause physical injuries to another in a car accident.  However, because this coverage is not currently required, many drivers...

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Can I Be Injured In A Low Speed Car Accident?

What to do after a car accident by personal injury lawyer, Justin Presser

Low Speed Accidents Can Cause Injury Far too many people believe you cannot be injured in a low speed car accident.  Many times, people associate the amount of property damage to the vehicle with the type of injury the occupants must have had.  While the common misconception is the more significant the visible damage to the vehicle, the more significant injury to the occupant – this is not always correct.  An occupant’s age, medical history, force of impact and location within the vehicle are other factors which play a significant role in whether an injury can occur. In an article published by...

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