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Injury and Car Accident Law Blogs

Personal Injury, Car Accident and Wrongful Death Lawyer

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 Slip and Fall or Trip and Fall Law

Slip and Fall or Trip and Fall Accident by Lawyer Justin presser

Slip and Fall or Trip and Fall Law Slip and fall and trip and falls are some of the most common injuries claims after motor vehicle crashes.  The reason an injured person fell is usually not because they forgot how to walk.  Rather, many dangerous conditions can cause someone to fall.  Examples include elevated or cracked sidewalks or food or liquid on the floor.  Most of us have also encountered the ultra slippery-when-wet paint in a crosswalk. Florida has a statute outlining what slip and fall or trip and fall injury victims need to prove in court.  Florida requires fall injury victims...

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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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Florida’s Dog Bite Law

Dog Bite Injury Lawyer

Dog bite injuries can be very serious.  Often, they can result in: Severe cuts or lacerations; Bite marks; Severe scarring; Broken bones; Ligament damage; Arm, shoulder, leg or knee injuries; Traumatic brain injury (TBI); and/or Emotional trauma Florida law provides several theories of recovery against the owners of dogs who bite a victim.  The theories are 1) Strict Liability; 2) Negligence; 3) Negligence Per Se; and 4) Intentional Tort.  Each theory of liability requires its own unique set of facts and each has its own ramifications on a dog bite victim's claim. Strict Liability – Florida Statute 767.04. Florida Statute imposes strict liability...

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7 [EASY] Steps Following A Car Accident

Car Accident

Car accidents are not something most people want to be in.  However, every year hundreds of thousands of people become victims of car accidents, motorcycle accidents, trucking accidents, pedestrian accidents, or other accidents.  According to Florida Highway Safety and Motor Vehicles, in 2016 there were almost 400,000 total accidents in Florida.  That is an increase from the number of accidents in 2015. Hopefully you will not be involved in a car accident.  If you are there are certain things you should consider doing: Move your vehicle out of the roadway if you are able to do so safely. Understanding that the crash has likely occurred...

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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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Facebook and Social Media Discoverability

Facebook and Social Media Discovery with injury lawyer

Facebook has been in the news lately, and not for a good reason.  Facebook made the news after it was learned a third party was able to access and record people’s information.  It seems Facebook, allegedly, failed to take proper precautions to guard against the copying of their users' information.  A lot of people are upset by this and understandably so.  When it comes to social media we post images, updates and comments on our page or to a group of our friends and believe there is some sense of privacy that comes with our account.  When it was revealed that third...

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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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