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Personal Injury

Presser Law, P.A. > Personal Injury (Page 9)
18 July
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Boating Injury

Posted by Justin
in Personal Injury

  The world is made up of more water than land. Because of this, people have made the means of traveling on the water the same as they have made means to travel on land. Boating can be just as dangerous as motor vehicles and pose the same threat as motor vehicles accidents do. The risks are at times significantly more extreme than those of planes and normal motor vehicle travel. Boating accidents are extremely normal on the water and can prompt great injury and oftentimes death. Boating is typically seen as a fun and innocent sporting exercise, so it is...

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29 June
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Should I Contact an Attorney For a Brain Injury?

Posted by Justin
in Personal Injury
SHOULD I CONTACT AN ATTORNEY FOR A BRAIN INJURY? Words Personal injury in block letters

Should I Contact an Attorney For a Brain Injury? A traumatic brain injury is one of the most serious and potentially devastating injuries you or a family member can sustain. Since the brain controls all aspects of a person’s life, a TBI victim can find himself or herself facing a lifetime of the following types of difficulties: Vision impairmentHearing impairmentBalance impairmentMobility impairmentCognitive impairmentSpeech impairmentEmotional control impairment Unfortunately, this type of long-term disability can result in medical and other associated costs that are almost as traumatic as the injury itself. A brain injury lawyer such as one from Ward & Ward Law Firm experienced...

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09 June
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Florida Drivers May Be Able To Use Hazard Lights in Heavy Rain or Fog

Posted by Justin
in Car Accident, Personal Injury, Wrongful Death
Florida Drivers May be able to use Hazard Lights in Heavy Rain or Fog

For years Florida officials have warned drivers against using their hazard lights while driving in the rain out of concern for safety of other drivers.  Florida officials have issued safety notices, and gone to social media and highway signs imploring drivers not to use their hazard lights.  Some of these dangers include confusing other drivers on the road as to your vehicle’s condition when you use hazard lights.   Despite these attempts, drivers have continued to use their hazards lights when weather conditions are less than desirable.  In periods of heavy downpours or fog, it is not uncommon to see vehicles being...

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02 May
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Florida’s Car Insurance New Law

Posted by Justin
in Car Accident, Motorcycle Accident, Pedestrian Accident, Personal Injury, Trucking Accident, Wrongful Death
Car Accident Attorney gives Automobile Insurance Coverage Update

FLORIDA’S CAR ACCIDENT INSURANCE LAW GETTING A COMPLETE MAKEOVER Florida’s car accident law since 1971, commonly referred to as Personal Injury Protection (“PIP”), looks to like it will be given a substantial makeover.  On Friday, April 30, 2021, the last day of the legislative session, the Florida House approved a bill that repealed the law on the books since 1971 and replaced it with a system that requires drivers to carry mandatory liability coverage for injuries they cause to others. This change to Florida motor vehicle insurance system has vast ramifications for the citizens of this State. WHAT IS PERSONAL INJURY PROTECTION COVERAGE? Since...

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21 April
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What Is the Federal Tort Claims Act

Posted by Justin
in Personal Injury
US National Capitol in DC

The Federal Tort Claims Act (FTCA) is the exclusive means by which a party may seek financial compensation for injury caused by a federal employee.  The Federal Tort Claims Act sets forth the procedure for when, and how, to file a claim for injury caused by a person acting on behalf of the United States.  This complex law provides limited waiver of sovereign immunity by the government to redress physical injury.  Under the Federal Tort Claim Act the federal government acts as a self-insurer for the wrongs committed by employees acting within the scope of their official duties.  A common example...

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28 February
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Obtaining Medical Records During a Lawsuit

Posted by Justin
in Legal Advice, Personal Injury
Obtaining Medical Records During a Lawsuit

Florida maintains a very broad constitutional right to privacy.  This right to privacy extends to medical records.  However, this does not mean they will remain private forever. Injury Victims & Their Medical Records When injury victims file a lawsuit for injuries caused by another person, their health becomes a central issue to the case.  This allows the at-fault party to engage in discovery of an injury victims’ relevant medical history both before and after the incident.  These medical records become central to any trial where causation of the injury is disputed such as herniated discs, spinal injuries, torn ligaments, or other non-obvious...

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02 November
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Florida Sovereign Immunity and Your Injury Claim

Posted by Justin
in Personal Injury
Florida Sovereign Immunity and Your Injury Claim

Sovereign immunity may affect your injury or wrongful death claim if your injury or loved one's death was caused by the government and/or its employees actions or inaction. What is Sovereign Immunity?   America broke away from Britain and asserted its own independence. However, not every idea the British imposed on us went away. For example, we kept the idea of Sovereign Immunity. For injury and wrongful death claims, this means that the State cannot be sued without the State’s permission. At the time of Florida’s creation, sovereign immunity was part of our common law. Florida later formally adopted and codified this rule through the legislature. As such,...

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26 August
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Settle v. Trial – What You Should Know

Posted by Justin
in Personal Injury

SETTLE v. TRIAL - WHAT YOU SHOULD KNOW If you have been injured by someone else in a car accident, trucking accident, slip and fall, or in any other way, Florida provides you may be entitled to financial compensation.   Financial compensation is available for the injury, pain and suffering, disfigurement, mental anguish, inconvenience, and for loss of capacity for enjoyment of life.  In addition, you may be entitled to compensation for lost wages due to time missed from work. Receiving compensation for your injuries depends on a variety of factors.  Those factors include the comparative fault of the parties, availability of insurance,...

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19 May
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Florida’s Comparative Fault Law

Posted by Justin
in Personal Injury
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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25 April
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Rear End Accidents in Florida

Posted by Justin
in Car Accident, Personal Injury
Rear end auto accident

Rear End Accidents in Florida Car accidents in Florida are anything but uncommon. In 2018 alone, Florida saw 403,626 car accidents. One of the most common types of car accidents are rear end accidents. Rear end accidents happen for a variety of reasons – inattentiveness, speeding, texting, driving while intoxicated, or any other variety of other reasons.   Most people think they know the law about Florida rear end accidents, but do they?  This post discusses rear end accidents in Florida, as well as the law surrounding them. Burden of Proof Ordinarily, an injured party bears the burden of proof of all four elements of...

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