none Florida Personal Injury Legal Blog, News and Information

The Truth About What to Expect When Filing for Disability

Social security disability is supposed to be a program for those who have worked during their lives and find themselves suddenly disabled and unable to work. If you have been working most of your life, you probably expect that you will have an easy time getting back the money you’ve been paying in all these years. In reality, getting approved for social security disability is often not as easy as it seems.

Initial Application

The initial application for clearwater social security disability, although lengthy, generally seems fairly straightforward. Most people can fill out the initial applications and go through the interview process without assistance. It may seem as though everything is going smoothly. You will wait up to three months for your application to be processed before you get an answer.

For many people, the initial application for social security disability is denied. Even when a clear disability exists, claims are routinely denied by the agency. In fact, about 65 percent of all individuals who file for social security disability are denied on their initial application. Read More

What You Need to Know About Invokana

Invokana is a medication used to treat type 2 diabetes. While the medication was approved by the FDA with a warning of some potential side effects, not all side effects were included in the warnings. Recently many new and life-threatening side effects of Invokana have come to light. The people harmed by Invokana did not have adequate information or warnings to make an informed decision about the medication, and they are therefore entitled to compensation due to the negligence of the manufacturers to disclose the potential hazards.

Invokana Affects Way of Life

Your quality of life could be significantly impacted by Invokana. New studies have found that diabetic patients who take Invokana are twice as likely to suffer a toe, foot, or lower limb amputation due to complications of the disease. Losing a limb or digit can significantly impact your way of life, affecting you for years to come. You may not be able to continue working or need to hire help for everyday tasks. Read More

First Steps to Take When Hurt on a Construction Site

construction accident lawyer tampa flWhen people think about construction site injuries, they usually think about the workers on the site. But construction accidents are extremely common for bystanders as well. If you are injured in a place of business or a home that is under renovation, you are entitled to the same compensation that you would get if you were a worker on that site. However, who is responsible for that compensation could vary depending on the situation.

Take Care of Medical Needs First

Your first priority in any slip and fall accident is to seek medical attention for your injuries. If you may have injured your back or neck, you should not try to move without medically trained assistance. Once help has been called or you are in a safe place away from the hazard, there are some additional steps you will need to take. Read More

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 says Sarasota car accident lawyer Paul Catania. 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 says Sarasota lawyer Paul Catania. 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 Florida 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 a Sarasota Florida 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 slip and fall 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 in Florida

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

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