none Florida Personal Injury Legal Blog, News and Information

First Steps to Take After a Bus Accident

bus accident lawyers tampaBeing in a bus accident is no laughing matter. Bus accidents can happen at any time from faulty equipment, untrained drivers, or the negligence of other drivers on the road. It is important that you take the appropriate steps after a bus accident so your injuries are compensated fairly.

At the Scene

At the scene of the bus accident, your first priority is to seek medical treatment says Sarasota auto accident lawyer Peter Catania. Make sure your safety and health are safeguarded. Once that has been attended to, talk to the other passengers or witnesses. Gather as much evidence at the scene as possible, including names and contact information for witnesses and the driver’s information, as well as the information for any other parties to the accident. Take pictures of your injuries and any damages. Read More

What to Do When You Suspect Nursing Home Negligence

When you place your elderly parent or relative in a nursing home, you want to know they are going to be well cared for. Unfortunately, elder abuse in nursing homes is rampant. It is important that you know what to do when you suspect nursing home negligence or abuse, to protect your family member as well as other patients in the home.

Recognizing the Signs

There are several signs of nursing home negligence that you may notice. Your loved one may have a sudden drop in weight, slip and fall, lack personal hygiene, or display signs of withdrawal and mood changes. If you suspect nursing home negligence or abuse, talk to your loved one and ask them questions about their day and lifestyle. Ask about their nursing staff, how they are treated, and whether or not they are being cared for appropriately. Read More

A SWOT Analysis of Florida’s Workers’ Compensation

Workers’ compensation refers to the insurance purchased by an employer on behalf of their employees to provide medical and wage benefits to those injured during the course of their employment. Florida is known as a “business-friendly” state, and its workers’ compensation law is quite extensive in its responsibility toward employees. In this post, we analyze the statute’s benefits and limitations for workers by performing a basic SWOT analysis.

Strengths

Mandatory requirement: Florida law requires all employers to purchase workers’ compensation benefitting their employees, barring certain exceptions.

Entitlement: Florida’s statute is in essence a wage replacement act, and the extent of your injuries forms the basis of your entitlement. Read More

The 3 Key Steps You Should Take When Filing Workers Compensation

When you are hurt on the job, your first concern will probably be to get treatment for your injuries. There are a lot of things that need to be carefully considered when you are facing a worker’s compensation claim through your employer. If you do not follow the appropriate steps, you could risk being denied compensation for your injuries.

Report Immediately

The very first thing you should do when you are hurt on the job is report it to your immediate supervisor. You must report injuries right away so treatment can be offered. If you fail to report your incident in a timely manner, it could result in a denial of worker’s compensation in St. Petersburg. If you report the incident to your immediate supervisor and they do nothing, go to their supervisor or your human resources department. Read More

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

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