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Injury Lawyer Tag

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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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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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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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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