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Personal Injury

Presser Law, P.A. > Personal Injury (Page 9)
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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07 January
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Pedestrian Accidents in Florida

Posted by Justin
in Blogs, Car Accident, Motorcycle Accident, Pedestrian Accident, Personal Injury, Trucking Accident, Wrongful Death
Pedestrian Accident Lawyer located in Altamonte Springs, Florida

Pedestrian Accidents Result In Serious Injury or Death In a 2015 study, the U.S. Department of Transportation estimated there were almost 70,000 pedestrians injured in motor vehicle crashes in the US and almost 5400 killed from pedestrian accidents. The study revealed an increase in pedestrian fatalities as an overall percentage of pedestrian-involved crashes. This means that, as a percentage, more pedestrians are being killed by motor vehicle crashes today than they have been historically. Florida is known as one of the more dangerous states for pedestrians. A recent analysis revealed the Central Florida metro area from Kissimmee-Orlando-Sanford was near the top of...

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05 December
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Dennis Rodman and Your Car Accident or Injury Settlement

Posted by Justin
in Blogs, Personal Injury
Personal injury blog on settlement agreements and taxes

How Dennis Rodman Plays a Role in Your Car Accident or Injury Settlement Most people do not know how Dennis Rodman influences their car accident and personal injury settlement. The story, just as Dennis Rodman himself, is an interesting one. Background It is not often that professional sports and personal injury law intersect.  However, thanks to Dennis Rodman, that is exactly what happened in 2003. Basketball fans will remember that in the 1990’s, no team was better than the Chicago Bulls. Led by Michael Jordan, the Chicago Bulls won 6 championships in 7 years. The Chicago Bulls dominated the league. In the 1995-1996 season,...

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01 October
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Choose Your Car Accident or Wrongful Death Lawyer Wisely – Keep Your Recovery

Posted by Justin
in Animal Injury, Blogs, Car Accident, Child Injury, Dog Bite, Motorcycle Accident, Pedestrian Accident, Personal Injury, Slip and Fall, Trip and Fall, Trucking Accident, Wrongful Death
SHOULD I CONTACT AN ATTORNEY FOR A BRAIN INJURY? Words Personal injury in block letters

How to Choose your Car Accident or Wrongful Death Lawyer Keep Your Recovery Finding the right car accident attorney or wrongful death lawyer can be stressful.  The most common concern I hear is, “Will an attorney add enough value to the case to make it worth it?”  If this is a concern of yours, please be sure to read my blog about the cost of hiring an injury lawyer. However, one concern many people overlook is whether the lawyer is maximizing the amount of money their client’s will receive – not just the amount that goes to the lawyers pockets.  This is...

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01 August
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What Are Commercial Trucking Accidents?

Posted by Justin
in Blogs, Car Accident, Personal Injury, Trucking Accident, Wrongful Death
What are commercial trucking accidents?

WHAT ARE COMMERCIAL TRUCKING ACCIDENTS? This question may seem straight forward. That is, until you realize that there are a lot of regulations which apply to commercial trucks.  The regulations cover 2 different categories of trucks. Trucks over 10,001 pounds and trucks over 26,001 lbs. For this article, we are exploring only those trucks over 26,001 lbs.  Make no mistake though, an experienced trucking accident lawyer is a valuable asset if you or a loved one have been seriously injured or killed in a trucking accident. WHY TRUCKING ACCIDENTS ARE DIFFERENT FROM CAR ACCIDENTS Far too often, injury attorneys treat trucking accidents like...

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