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Injury Attorney Tag

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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Pedestrian Accidents in Florida

Pedestrian Accident Lawyer located in Altamonte Springs, Florida

Pedestrian Accidents Result In Serious Injury or Death In a 2015 study, the U.S. Department of Transportation estimated there were almost 70,000 pedestrians injured in motor vehicle crashes in the US and almost 5400 killed from pedestrian accidents.   The study revealed an increase in pedestrian fatalities as an overall percentage of pedestrian-involved crashes.  This means that, as a percentage, more pedestrians are being killed by motor vehicle crashes today than they have been historically. Florida is known as one of the more dangerous states for pedestrians.  A recent analysis revealed the Central Florida metro area from Kissimmee-Orlando-Sanford was near the top of the...

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5 Reasons You Need a Car Accident Lawyer

Why you need a car accident lawyer

5 Reasons You Need a Car Accident Lawyer While there are many ways a car accident lawyer can help, this article is designed to highlight 5 reasons you need a car accident lawyer if you have been injured in a car accident. If you have been injured in a car accident, your first thought may be your need for immediate medical care.  As time goes on, that focus may change from finding a doctor to finding an lawyer.  When this happens, car accident victims often wonder whether it is worth hiring a car accident lawyer.  This is a legitimate question you should...

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Choose Your Car Accident or Wrongful Death Lawyer Wisely – Keep Your Recovery

How to choose a personal injury lawyer

How to Choose your Car Accident or Wrongful Death Lawyer Keep Your Recovery Finding the right car accident attorney or wrongful death lawyer can be stressful.  The most common concern I hear is “will an attorney add enough value to the case to make it worth it?”  If this is a concern of yours, please be sure to read my blog on that subject here.  However, one concern many people overlook is whether the lawyer is maximizing the amount of money their client’s will receive – not just the amount that goes to the lawyers pockets.  This is called "keeping your recovery." Who...

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Understanding Florida’s Wrongful Death Act

Understanding Florida's Wrongful Death Act and Law

Understanding Florida's Wrongful Death Act Understanding Florida's Wrongful Death Act can seem daunting.  In this article, we break down the statute to help you understand it better. Recovering under Florida’s Wrongful Death Statute Losing a loved one is always difficult.  When that loss is the result of negligent acts of others, additional concerns must be taken into account.  Florida's Wrongful Death Act governs how such claims are made.  It also governs what can be recovered.  In addition, families often have to contend with a much shorter period of time to bring a wrongful death claim – or risk the wrongful death claim being...

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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 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

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. 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 understated.  Combined with...

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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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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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