Articles

What To Bring When preparing for your first meeting with a personal injury attorney, gathering and bringing as much relevant information as possible will facilitate a productive discussion. Remember that, ultimately, as good as it is to bring these items, don't worry if you don't have everything. Your attorney can obtain the documents they'll need through their usual processes as necessary. However, having them upfront can dramatically streamline your case and speed up the initial evaluation. Driver Exchange Form This form contains critical details about the drivers involved and their insurance companies in car crash cases. Police Report If you have it, bring the police report. This document provides a detailed account of the incident, which can be a significant asset in understanding and building your case. Having this report will give you confidence and… Read More

Common Personal Injuries Cases In Florida, personal injuries tend to revolve around motor vehicle crashes. This includes cars, rideshare vehicles like Uber and Lyft, trucks, tractor-trailers, motorcycles, and golf carts. Bicycle and pedestrian crashes, typically involving motor vehicles, also fall into this category. Beyond motor vehicle accidents, there are many slip-and-fall and trip-and-fall cases. A common accident scene in personal injury cases is uneven sidewalks with more than a half-inch difference in elevation, creating a tripping hazard. Many cities and municipalities must regularly identify these areas and rely on residents to report them. Uneven or poorly maintained walkways, whether due to sinking sidewalks or slippery surfaces that need to be adequately maintained, are also common culprits. Slip and fall cases also often occur in stores, as do other premises liability cases. These require proving that… Read More

The Basics Understanding the distinction between a personal injury claim and a lawsuit is crucial. A claim, which is made directly with an insurance company, aims to resolve the matter without court involvement. This approach, if successful, can lead to an amicable settlement, thereby avoiding or preempting a lawsuit. Personal injury claims cover a wide range of incidents where someone is hurt due to another person's fault. These can include: Car crashes Slip and falls Trip and falls Pedestrian accidents Bicycle accidents Dangerous products Animal bites Medical malpractice Workplace injuries, including workers' compensation claims In essence, any injury that unexpectedly disrupts your life through no fault can qualify for a personal injury claim. This also extends to wrongful death cases, where someone has tragically passed away due to an accident or injury. Florida’s Comparative Negligence… Read More

Should you go to urgent care after a car accident or go to the hospital emergency room for auto accident treatment? Both have their pros and cons. The most important thing is that you should always seek immediate medical treatment. This is for your overall health and the benefit of documenting your injuries after a car accident. Whether you choose to go to an urgent care or emergency room depends on the severity of your injuries and your personal preference. Both can generally handle your auto accident treatment. Urgent Care vs. Emergency Room Many people who are seriously injured are transported to the hospital emergency room for car accident injuries. The hospital emergency rooms typically treat more significant injuries, whereas urgent care facilities treat less severe ones. This is because hospital emergency rooms are set up to… Read More

Will my car insurance increase if someone hits me in Florida? Generally, your car insurance will not go up after a claim that is not your fault in Florida. This is according to Florida Statutes §626.9541(1)(g)3). Under this Florida law, it would be an unfair or deceptive practice for an automobile insurance company like GEICO, Allstate, USAA, or State Farm to refuse to renew or cancel a policy or increase rates because you made a claim or sought medical treatment. That doesn't mean your rates may not increase for some other reason, like a speeding ticket or a new driver listed on your policy. Factors That Affect Car Insurance Rates What factors affect car insurance rates in South Florida? How do insurance companies calculate rates? While there is no exact formula and every insurance company… Read More

Is it unlawful to not pay overtime after 40 hours? Can my job do this legally? Generally, the Fair Labor Standards Act (FLSA) demands employers pay overtime to workers who clock more than 40 hours per regular work week. To win an overtime claim, a worker must prove that (1) they are employed by the defendant and (2) the defendant failed to pay overtime wages. A worker’s regular rate is the keystone of the overtime law. Because a worker’s overtime rate must equal at least one-and-a-half times their regular rate, a worker’s overtime rate depends on their regular rate; properly determining that rate is, therefore, of prime importance. A worker’s regular rate refers to the hourly rate paid to the worker for the normal, non-overtime workweek for which they are employed. The regular rate is… Read More

You may be wondering what to do if you’ve been sexually harassed at work in Florida? Your boss or co-worker made sexual advances, and you want it to stop! You may be worried you’ll lose your job if you say something and don’t know what to do. In this article, you’ll discover what to do if sexually harassed at work in Florida. What Is Considered Sexual Harassment To establish sexual harassment, a worker must show they suffered unwanted sexual touching, comments, requests for sex, or other behavior of a sexual nature. The sexual harassment must also be extreme enough or occur with such frequency to create a hostile work environment. The work environment must be one that a reasonable person would find abusive and that the victim actually believes to be abusive. The objective severity… Read More

Should I worry about getting fired if I complain about my boss or co-worker? The answer depends on what you are complaining about. Florida law prohibits firing a worker in retaliation for the worker's engagement in protected activity. But not all complaints are protected. So, what is protected activity? And if I am fired, do I have a case for workplace retaliation? Generally speaking, protected activity complaints are those in which a worker objects to an employer's violation of a law, rule, or regulation. For example, complaining about discrimination is a protected activity. Complaining about unpaid overtime is a protected activity. A complaint about workplace harassment is a protected activity. However, complaining about your boss's poor management style or being a jerk is not a protected activity because that conduct is not illegal. Suppose you… Read More

Like almost everything with the law… it depends. Some wrongful termination lawsuits settle quicker than others. Here, we’ll discuss some of the factors that determine how long it will take to settle a wrongful termination lawsuit. Charge of Discrimination You must first file a charge of discrimination before you can file a lawsuit. You file a charge of discrimination with the Equal Opportunity Commission (“EEOC”). You can co-file with the Florida Commission on Human Relations (“FCHR”), the state version of the EEOC. Filing a charge of discrimination exhausts your administrative remedies. It is a prerequisite to filing a wrongful termination lawsuit in state or federal court. Claimants must allow the EEOC and/or the FCHR to investigate the claim for at least 180 days. After 180 days, if you haven’t gotten a determination, you can request a “right… Read More

You’ve just been fired, and you’re lucky enough to have the reason why explained to you (hopefully in writing). So, can you sue if your employer lied about the reason for termination? Well, it depends on the “true reason” for your termination, not the reason given by your employer. An employee can be fired for a good reason, a bad reason, reason based on false facts, or for no reason at all. The question is whether it was for a non-discriminatory reason. Reasons like favoritism, mistake, or disdain are irrelevant and may be lawful. Florida Unlawful Termination Laws: Know Your Rights If you're in Florida as an employee, it's crucial to understand that the law protects you from being unfairly terminated. Discrimination on the grounds of race, national origin, age, sex, religion, or disability is strictly prohibited. In simpler terms,… Read More

Distracted driving is no longer just about cellphones — and the research proves it. A new study released by the AAA Foundation for Traffic Safety reveals that those who consistently rely on driver-assisted technology, like adaptive cruise control, are nearly twice as likely to drive distracted. The reason behind this trend? Drivers becoming more complacent, letting their guard down. These findings are just another piece in an alarming body of research proving that there are many dangers for distracted driving, and that motorists must be more vigilant than ever in safeguarding themselves and others. Unfortunately, it’s a lesson thousands have learned the hard way, as the National Highway Traffic Safety Administration (NHTSA) reports that 3,166 people were killed in tragic distracted-driving accidents in 2017. Keep your family safe and your monthly car insurance rates low… Read More