none Florida Personal Injury Legal Blog, News and Information

The Truth About Parked Car DUIs

Most of us associate DUI charges with the action of driving a car under the influence of alcohol, but it’s actually possible to be charged with a DUI while sitting in a parked car. Few people realize this, and many unsuspecting adults have been arrested for something they didn’t know was a crime.

This means that even the simple act of sitting in your car after a night at the bar has the potential to lead to a criminal charge and rest. Here’s what you should know about this little-known part of the law so you don’t become victim of it yourself.

What Do Your State Laws Say?

Laws differ from state to state. Some states like Florida have specific statutes in place to define the circumstances of DUI in a stationary car, while other states leave it to relevant case law to determine guilt.

As a Florida resident or visitor, you can be charged with a DUI even while sitting in a parked car. This is because Florida law defines a driver as “any person who drives or is in actual physical control of a vehicle.” The last portion of that statement allows prosecutors to charge you with a DUI even if your vehicle isn’t actively moving. Read More

Do You Have a Right to Counsel? How Do You Use It?

You’ve watched enough crime and detective shows on Netflix to recognize the phrase “right to counsel”, but it might not hold any meaning until you find yourself being charged for a crime. If you are a criminal defendant in the United States of America, the Fifth and Sixth Amendments of the Constitution grant you the right to counsel. What does this mean, and how can you utilize your full constitutional rights?

Defining the Right to Counsel

Every defendant has the constitutional right to be represented by an attorney during trial. If you can’t afford your own attorney, the government will appoint an attorney to you. This is known as your right to counsel. In other words, you can’t be denied legal representation simply because you can’t afford an attorney’s fee. Read More

Expect A Major Decrease in Florida’s Workers’ Compensation Rates in 2019

Get ready for more changes to Florida’s workers’ compensation system in 2019. Florida’s workers’ comp system has been experiencing turbulence since 2016, when the Florida Supreme Court ruled against fee restrictions based on the rationale that it violates workers’ due process rights under the state and U.S Constitution.

As one judge for the majority wrote, “Without the likelihood of an adequate attorney’s fee award, there is little disincentive for a carrier to deny benefits or to raise multiple defenses…Virtually since its inception, the right of a claimant to obtain a reasonable prevailing party attorney’s fee has been central to the workers’ compensation law.”

Though the Florida Supreme Court’s decision was a victory for attorneys and employees, it dealt a major blow to businesses, who have since experienced a 14 percent increase in insurance rates. The Florida House and Senate both created bills in an effort to address the issue of rising insurance costs and attorney’s fees, but they failed to pass anything before their legislative session came to a close in early May. Read More

Should You Use a Lawyer Who Works on Contingency?

Hiring a talented and experienced attorney is one of the most important steps you need to take after a car accident, but if you’re like most Americans, you don’t have enough extra money to spare to pay a retainer fee. This is why it’s so helpful to find a personal injury lawyer who works on contingency. Make sure you understand what it means for an attorney to work on contingency and how it could help you get the legal representation you need.

What Does It Mean to Work on Contingency?

If an attorney works on contingency, he is willing to provide all of the legal services you need without charging any upfront costs. This could save you thousands and thousands of dollars out of pocket!

Instead of paying a retainer fee or monthly installments, your attorney simply receives a certain percentage of your compensation award if you win your case. However, if you lose your case, you don’t receive any compensation and neither does your attorney. Most of the attorneys who work on contingency do so for legal claims that seek financial damages for injuries, such as personal injury or wrongful death after a DUI accident. Read More

3 Important Things to Know If You Are Injured On the Job

Regardless of where you work, whether it’s in front of your computer or in a steel factory, you are at risk of suffering from an unexpected injury. Some professions like construction have higher rates of injury, but the truth is that accidents are possible anywhere.

If you do suffer from a serious injury while on the job, make sure you understand the workers’ compensation program available to meet your financial needs. You shouldn’t be responsible for the costs of your medical bills, lost wages, and other expenses caused by your injury!

How Do I Know If I Have a Workplace Injury?

A workplace injury is recognized by the workers’ compensation program as any injury or disease that occurs and develops due to the conditions and environment of your job. For example, a mechanic might tear his ACL while stretching to fix a car, or an electrician might fall from a ladder while completing an installation.

Since workers’ compensation covers nearly all injuries, regardless of fault, you can still receive compensation for an injury that wasn’t caused by someone else. The only injuries that are excluded from receiving workers’ compensation insurance are those that occur as a result of you breaking company regulations, committing a crime, or being under the influence of drugs or alcohol. Read More

What to Do If You’ve Been Injured By the Essure Birth Control Implant

As a woman, you want to use a birth control that you can trust to prevent pregnancy and protect your health. Pharmaceutical companies like Bayer promise those exact results with their products like the Essure birth control device, but as thousands of women have realized, Essure poses very real, tangible risks to patients.

If you have received an Essure birth control implant since 2002 and suffered injuries as a result, you could qualify to receive compensation in a mass tort lawsuit against Bayer. Here’s what you need to do if you’ve been injured. Read More

What Do You Need to Know about the Bayer Essure Mass Tort Lawsuit?

Bayer is one of the world’s largest pharmaceutical companies. Though it is headquartered in Germany, Bayer’s products in areas like women’s healthcare are widely used in the United States. Millions of women rely on Bayer products for their reproductive health and family planning, but some birth control options like Essure have done more harm than good.

Bayer announced in June 2018 that it will discontinue sales of Essure birth control after it was revealed that nearly 30,000 women have suffered health consequences from using Essure. Mass tort action is being taken against Bayer on behalf of harmed women. Here’s everything you need to know about the Bayer Essure mass tort lawsuit. Read More

If Your Child Is Disabled, Educate Yourself on SSI

Social Security isn’t just for seniors who retire and collect their monthly payments. It’s also an important program for parents of children with disabilities. Social Security offers Supplemental Security Income (SSI) payments to support families struggling to afford the care their children desperately need.

What Is SSI For Children with Disabilities?

Paying for the care necessary to protect your disabled child can be incredibly difficult. Countless families face the prospect of turning their lives upside down and sacrificing everything in order to care for their disabled children. SSI provides a way to afford necessary care by giving families monthly payments. This help is life changing for families that are approved by the program. Read More

Essure Birth Control: What You Need to Know

Essure is a permanent birth control designed to give women peace of mind in their family planning, but instead it has been linked to nearly 30,000 adverse reactions between 2002 and 2017.

If you have used Essure in the past 16 years and believe the birth control endangered your health or caused potential harm, you now have the opportunity to pursue legal action and receive compensation for your experiences. The deadline to file an Essure claim is October 31, so don’t hesitate to take action. Read More

A Quick Guide to Filing An Insurance Claim

If you got into an accident tomorrow, would you know how to properly fill out your insurance claim? Would you know how to identify the signs of a bad faith insurance settlement offer?

You never know when you will find yourself needing to take advantage of one of your insurance policies, so it’s important to learn exactly how to go about filing your claim to ensure the best results.

Find an Attorney

Before anything else, you should have a lawyer in place to assist you with your insurance claim. Insurance companies avoid paying out on claims at every opportunity, and by hiring a lawyer you will minimize your chances of being manipulated and exploited.

Before you file a claim, first and foremost, send a letter to the individual or parties who you believe to be responsible for your injuries. Let them know that you will be filing an insurance claim. This is the appropriate and fair step to provide an honest warning. Read More