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How to Detect Traumatic Brain Injuries After a Car Accident?

Man getting brain injury from car accident

Getting in an accident can shake you up a bit. Maybe it was just a bad fall off of your bike. Or maybe it was a serious automobile crash that you miraculously walked away from. However it happens, you may move forward with life without realizing that you are suffering from a traumatic brain injury - until it is too late.  What is a Traumatic Brain Injury?  As its name suggests, a traumatic brain injury (TBI) is an injury to the brain. This injury is usually caused by a blow or a jolt to the head. Most people believe you need direct,...

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What You Need to Know About Florida Rental Car Accidents

signing rental car agreement

At any given time, Florida has a high number of rental cars on the road - with many of them found right here in the central Florida area. They are so common that, unless we are following someone who clearly isn’t a local, we rarely pay much attention. But what happens if you are involved in a car accident with a rental car? While the thought has probably never crossed your mind, finding yourself in the thick of this situation could prove to be rather frustrating.  Rental cars crash the same as personally-owned automobiles, but uncovering protection and determining liability can become...

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Florida Drivers May Be Able To Use Hazard Lights in Heavy Rain or Fog

Florida Drivers May be able to use Hazard Lights in Heavy Rain or Fog

For years Florida officials have warned drivers against using their hazard lights while driving in the rain out of concern for safety of other drivers.  Florida officials have issued safety notices, and gone to social media and highway signs imploring drivers not to use their hazard lights.  Some of these dangers include confusing other drivers on the road as to your vehicle’s condition when you use hazard lights.   Despite these attempts, drivers have continued to use their hazards lights when weather conditions are less than desirable.  In periods of heavy downpours or fog, it is not uncommon to see vehicles being...

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Florida’s Car Insurance New Law

Car Accident Attorney gives Automobile Insurance Coverage Update

FLORIDA’S CAR ACCIDENT INSURANCE LAW GETTING A COMPLETE MAKEOVER Florida’s car accident law since 1971, commonly referred to as Personal Injury Protection (“PIP”), looks to like it will be given a substantial makeover.  On Friday, April 30, 2021, the last day of the legislative session, the Florida House approved a bill that repealed the law on the books since 1971 and replaced it with a system that requires drivers to carry mandatory liability coverage for injuries they cause to others. This change to Florida motor vehicle insurance system has vast ramifications for the citizens of this State. WHAT IS PERSONAL INJURY PROTECTION COVERAGE? Since...

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What Is the Federal Tort Claims Act

US National Capitol in DC

The Federal Tort Claims Act (FTCA) is the exclusive means by which a party may seek financial compensation for injury caused by a federal employee.  The Federal Tort Claims Act sets forth the procedure for when, and how, to file a claim for injury caused by a person acting on behalf of the United States.  This complex law provides limited waiver of sovereign immunity by the government to redress physical injury.  Under the Federal Tort Claim Act the federal government acts as a self-insurer for the wrongs committed by employees acting within the scope of their official duties.  A common example...

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Obtaining Medical Records During a Lawsuit

Obtaining Medical Records During a Lawsuit

Florida maintains a very broad constitutional right to privacy.  This right to privacy extends to medical records.  However, this does not mean they will remain private forever. Injury Victims & Their Medical Records When injury victims file a lawsuit for injuries caused by another person, their health becomes a central issue to the case.  This allows the at-fault party to engage in discovery of an injury victims’ relevant medical history both before and after the incident.  These medical records become central to any trial where causation of the injury is disputed such as herniated discs, spinal injuries, torn ligaments, or other non-obvious...

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Florida Sovereign Immunity and Your Injury Claim

Whether injured in a car accident, trip and fall, or other way caused by the government, Florida requires presuit notice served on the government.

Sovereign immunity may affect your injury or wrongful death claim if your injury or loved one's death was caused by the government and/or its employees actions or inaction. What is Sovereign Immunity?   America broke away from Britain and asserted its own independence. However, not every idea the British imposed on us went away. For example, we kept the idea of Sovereign Immunity. For injury and wrongful death claims, this means that the State cannot be sued without the State’s permission. At the time of Florida’s creation, sovereign immunity was part of our common law. Florida later formally adopted and codified this rule through the legislature. As such,...

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Settle v. Trial – What You Should Know

SETTLE v. TRIAL - WHAT YOU SHOULD KNOW If you have been injured by someone else in a car accident, trucking accident, slip and fall, or in any other way, Florida provides you may be entitled to financial compensation.   Financial compensation is available for the injury, pain and suffering, disfigurement, mental anguish, inconvenience, and for loss of capacity for enjoyment of life.  In addition, you may be entitled to compensation for lost wages due to time missed from work. Receiving compensation for your injuries depends on a variety of factors.  Those factors include the comparative fault of the parties, availability of insurance,...

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Florida’s Comparative Fault Law

court in session for personal injury law case

Florida's Comparative Fault Law Florida is currently a comparative fault state.  However, it has not always been that way.  In 1886, the Florida Supreme Court in Louisville and Nashville Railroad Co. v. Yniestra would hold that Florida was a contributory fault state.  Florida state courts would uniformly follow the Yniestra opinion for the next 87 years.  In 1973, the Florida Supreme Court, in  Hoffman v. Jones, would recede from Yniestra and establish comparative fault as the rule for Florida in negligence cases.  In 1986, the Florida legislature would codify Florida’s comparative fault through Florida Statute § 768.81.   Difference Between Comparative Fault and...

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Rear End Accidents in Florida

Rear end auto accident

Rear End Accidents in Florida Car accidents in Florida are anything but uncommon. In 2018 alone, Florida saw 403,626 car accidents. One of the most common types of car accidents are rear end accidents. Rear end accidents happen for a variety of reasons – inattentiveness, speeding, texting, driving while intoxicated, or any other variety of other reasons.   Most people think they know the law about Florida rear end accidents, but do they?  This post discusses rear end accidents in Florida, as well as the law surrounding them. Burden of Proof Ordinarily, an injured party bears the burden of proof of all four elements of...

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