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Personal Injury

Presser Law, P.A. > Personal Injury (Page 10)

Florida’s Driving and Texting Ban

Florida's driving and texting law

FLORIDA'S DRIVING AND TEXTING BAN On May 17, 2019 Florida Governor Ron DeSantis signed a bill prohibiting drivers from texting while their car is in motion.  If this sounds familiar, its because it comes on the heels of a prior anti-texting law which made texting and driving only a secondary offense.  As a result of the new bill, texting while driving is a primary offense and you can be pulled over for texting a driving. The new bill goes into effect on July 1, 2019.  However, until January 1, 2020 only warnings will be issued.  On or after January 1, 2020, you...

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Florida Named Most Dangerous State for Pedestrians

Florida Named Most Dangerous State for Pedestrians

Florida Named Most Dangerous State for Pedestrians According to a 2019 report from Smart Growth America and the National Complete Streets Coalition, Florida carries the distinction as the most dangerous state for pedestrians.  The report, Dangerous by Design, found that of the 20 deadliest cities in the United States, 9 were in Florida. From 2008 to 2017, drivers killed over 49,000 pedestrians walking in large and small communities across the country.  During that same period, Florida accounted for over 5,400 of those deaths, second behind only California. The Central Florida area, comprising of the Orlando-Kissimmee-Sanford areas, was ranked the most dangerous metro area...

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Florida Accidents and Traffic Deaths Decline in 2018

Florida accident and traffic death statistics

Florida 2018 Accident Statistics New statistics show that Florida saw a decline in total traffic accidents and traffic deaths in 2018.  In fact, in 2018, Florida saw a decrease of 6,000 traffic accidents and almost 150 traffic accident-related fatalities.  This is good news.  It also reverses a dangerous trend from 2014 – 2017 which saw year-over-year increases of traffic accidents. Not all news was good news.  There was an increase of Pedestrian deaths and Bicycle deaths in 2018.    2018 also continued the trend of increased commercial vehicle traffic accidents.  Since 2014, the number of commercial vehicle accidents has increased every year from 34,478 to 44,435...

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Holiday Travel Increases Chance for a Car Accident

Holiday travel and car accidents

[vc_row triangle_shape="no"][vc_column][vc_column_text] Holiday travel can significantly increase your chance of being involved in a car accident.  As 2018 comes to an end, it promises to be one of the busiest travel years we have had in some time.  AAA is forecasting almost 112.5 million more Americans will travel during this Christmas-to-New Years holidays. Every travel avenue will see an increase in usage, including roadways which is expected to see 4.4% more travel than 2017. [/vc_column_text][vc_empty_space height="20px"][/vc_column][/vc_row][vc_row triangle_shape="no"][vc_column][vc_column_text] Christmas and the New Year are supposed to be times of joy and excitement.  However, with such busy roadways the danger of car accidents cannot be...

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Post-Injury Statements to Insurance Companies

Post-Injury Statements to Insurance Companies

Post-Injury Statements to Insurance Companies Post-injury statements to insurance companies can be stressful.  This article will help you understand how these statements are conducted and the common mistakes made by injury victims. What Is A Post-Injury Statement Whether you have been injured in a car accident, slip and fall, animal injury, or otherwise, get ready for the phone calls.  Various people who you have never met are going to call.  They are calling you on behalf of the insurance companies.  What do they want?  They want information.  They want to know how the injury happened, who witnessed it, whether you were hurt and...

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Injuries Caught On Video – Lights, Camera…Lawsuits?!

injuries caught on camera store surveillance

We now live in an age where technology is more and more pervasive in our lives.  You can hardly go to any business without there being hidden or exposed surveillance camera.  These cameras are designed to deter theft.  On occasion, these cameras will capture individuals being injured. Whether a slip and fall, trip and fall, a shootout at a gas station, or other injury event, obtaining the video of the incident can be a challenge.  Businesses routinely refuse to produce them to injury victims.  Often times it takes the filing of a lawsuit to force a business to produce the incident...

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Car Accidents and Florida’s PIP Law

Car Accidents and Florida's PIP Law

WHY IS FLORIDA CALLED A "NO FAULT" STATE? Ever wonder why Florida as referred to as a “No Fault” state?  The answer is fairly simple.  Florida is referred to as a “No Fault” state because it requires drivers to have a specific insurance coverage to lawfully operate a vehicle on the roadway.  This insurance coverage is called Personal Injury Protection, or “PIP” for short. PIP insurance coverage is governed by Florida Statute §627.736.  It requires every driver at least $10,000.00 in benefits to help pay for medical treatment or lost wages caused by a crash.  It also includes an additional $5,000.00 in death...

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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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