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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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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 about the cost of hiring an injury lawyer. 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...

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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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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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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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