Can I Sue the Federal Government?

 Our Fort Lauderdale personal injury lawyers frequently receives telephone calls from Florida residents about suing the federal government for a personal injury they suffered as a result of a federal government employee’s conduct. Generally, the federal government is immune from lawsuits filed by private citizens. However, under the Federal Tort Claims Act (FTCA), the federal government’s sovereign immunity privilege is waived to a limited extent. Under this act, if a federal government employee commits a negligent or wrongful act against a private citizen, or an omission when under the duty to do so, the injured party may commence a civil lawsuit to recover damages. There are other stipulations that must apply in order to sue the federal government for the negligence of one of its employees.

First, the employee must have been acting within the scope of his or her employment at the time of the incident. Also, it must have not been an intentional act, such as an assault and battery. Unless the intentional wrongdoing, for example-the assault and battery, was committed by a federal law enforcement or investigating officer. Therefore, if you were involved in a Florida automobile accident with a United States Postal Service worker-mailman, and suffered an injury, you should speak with one of our FortLauderdale accident injury attorneys as soon as possible to discuss your potential lawsuit.

One of our Fort Lauderdale motor vehicle accident lawyers can consult with you about the merits of your case and whether or not you have a valid legal claim to pursue under FTCA. Attempting to sue the federal government is often a challenge because there are various exceptions to FTCA and due to operation of law may bar your claim. Besides barring a private citizen’s claim based upon an intentional tort, it is generally recognized that servicemen and servicewomen cannot sue the federal government for injuries they receive incident to service, including some claims for medical malpractice.  Under the Feres doctrine, military personnel are prohibited from suing the federal government for medical injuries; however, there are some exceptions for the spouse or children of a serviceman or servicewoman.

As always, if you or a family member has been injured and believed that an employee of the federal government is responsible for causing your harm, you should contact our office to get the advice from one of our Fort Lauderdale federal tort claims attorneys. If the facts of your particular circumstances warrants further review and it appears to have legal merit to pursue an action against the federal government, our attorneys will work hard on your behalf to get you the compensation that the law entitles you to. Also, these types of actions are very technical and there are specific procedures which must be followed in order to help you prevail in your lawsuit. Among which includes providing timely notice to the agency that employed the person who caused your injury and naming the United States Government as the defendant in your lawsuit. Usually, claims filed under the FTCA must be commenced within 2 years of the incident.

See Our Related Blog Posts:

Unreported Institutional Child Sexual Abuse Cases and Civil Liability

Florida Senate Passes Claim Bill to Award Eric Brody $10.75 Million

Fort Lauderdale Hit and Run Accident Kills Elderly Woman

Earlier this month an elderly woman was struck in a Fort Lauderdale hit and run accident which unfortunately killed her. According to CBS Miami, at approximately 7:00 a.m. on March 3, 2012, Digna Camacho was walking northbound on the 2400 block of Davie Boulevard when a black 2005 GMC Envoy that traveled eastbound struck her. As a result, she fell to the ground and another truck, an F150 that was also traveling eastbound, hit her. Sorry to say that the irresponsible driver of the Envoy fled the scene of the accident. Apparently after he got out of his truck and observed the woman on the ground, he drove off, but the driver of the F150 stayed at the scene and is cooperating with the police. The hit and run driver is described as having grey hair and was last seen wearing a white shirt. Sadly, Camacho was pronounced dead at the scene.

News about these kinds of tragedies is always disturbing for our Fort Lauderdale personal injury attorneys. Our attorneys are all too familiar with these kinds of accidents and realize that there are many reasons people fail to take responsibility for their conduct in similar situations. Usually when an accident such as this one occurs it is common that the driver fears a criminal punishment due to the driver being under the influence of alcohol or drug at the time of the accident. Also, the driver could be uninsured or unlicensed motorists. In Florida, all drivers are required to have a valid state operator’s license and PIP insurance. If they are found guilty in violation of these laws, there are hefty penalties that could be imposed against them. Further, there are far too many accidents involving hit and run drivers in Florida, and in many cases the driver is never located in order for justice to be served. Hopefully, there were other witnesses present at the time of this accident who will contact law enforcement officials and provide them with additional information about the description of the perpetrator

Moreover, a hit and run accident in which a death has occurred is extremely difficult for the family. It is tough trying to deal with the death of a loved one, but when a loved one has been killed due to the negligence, reckless or irresponsibility of another whose identity remains unknown, the surviving family members further encounter challenging times in working through the grieving process. Our Fort Lauderdale hit and run lawyers sends their deepest sympathies to the deceased’s family members and are here to answer any questions they may have regarding Florida hit and run laws or the what legal options are available to them in order to recover damages from their loss.

Also, if you or a loved one has been injured of a hit and run accident, you should contact our office to speak with one of our attorneys. Our firm’s Fort Lauderdale accident attorneys represent persons who have been injured or harmed in a personal injury accident.

See Our Related Blog Posts:

Driver Killed in Florida Tank Truck Accident

Hit-and-Run Accident Kills Cyclist and Leaves One Injured 

Is My Florida Personal Injury Settlement Taxable?

With only a couple of weeks remaining until the end of this year’s tax season, the Fort Lauderdale personal injury lawyers at our firm have been contacted by clients who are concerned about the tax implications on their personal injury settlements. They want to know if their personal injury settlement is taxable. In Florida, typically settlement awards are not taxable, however there are some exceptions and a settlement may subject to federal taxes depending upon the nature of the lawsuit and the type of damages the plaintiff was awarded in the settlement.

For example, punitive damages that are awarded in a Florida personal injury lawsuit are not excluded from federal income taxes, which mean that if you are awarded these kinds of damages in your lawsuit, you will be required to report this as income for taxing purposes. Punitive damages are those imposed against the defendant to punish him or her for the wrongful conduct they have committed against the plaintiff. The Internal Revenue Service (IRS) considers that this form of monetary compensation as a windfall for the plaintiff because the injured party was not compensated for factors such as lost wages or pain and suffering.

Further, our Fort Lauderdale accident injury attorneys recommend that clients seek the assistance from a tax attorney or certified public accountant (CPA) who can guide them in preparing their income tax returns to ensure that they are in complaint with the law. The tax laws governing personal injury settlements are very complex and the government often modifies the regulations so plaintiffs should not proceed in filing their tax returns on their own when these matters are present. However, as a general rule, compensation the plaintiff receives as a result of a physical injury or sickness is excluded from gross income calculations, but a tax attorney or CPA is in a position to further assist the client with how these matters should be treated on a federal income tax form.

In addition, damage awards based upon an emotional distress claims can further complicate matters because the IRS does not consider emotional distress itself as a physical injury or sickness. But if the award was to compensate the plaintiff for emotional pain that resulted from the physical injury or sickness, then this amount could be excluded from gross income. Yet, on the contrary emotional distress resulting from injury to reputation must be counted in the gross income calculation, unless the damages were awarded for medical care due to the emotional distress. Similarly where the damages awarded are from an employment discrimination case, there are specific federal, state and local laws which apply to the exclusion of gross income for tax purposes.

If you or a family member received a personal injury settlement and are worried about the tax implications affecting your awards, consult with a professional such as a CPA or tax attorney. Also, our Fort Lauderdale personal injury attorneys represents individuals and their family members who have been harmed or injured in a personal injury accident including a wrongful death, automobile negligence, slip-and-fall, dangerous drugs, or premise liability. If you have been hurt in any of these accidents, contact our office today to learn what legal options are available to you.

See Our Related Blog Posts:

Medical Records in a Florida Personal Injury Lawsuit

Florida Budget Committee Approves Bill to Ban Texting While Driving

Employers Could Face Invasion of Privacy Lawsuits If Requesting Facebook Passwords

We are all aware that is a common practice for employers to conduct background checks on their employees and prospective employees. It is justifiable for a business to perform a criminal background check on a prospective employee whom they are considering hiring for a fiduciary position, or when the employee may work with the elderly or children. As a matter of fact, some federal and state laws require that an employer perform a background check prior to hiring an applicant. But, just how far should employers go when they are seeking to hire new employees or are considering promoting an existing employee? Apparently, some companies around the country believe that they should have access to a job applicant’s private social networking profile in order to determine whether or not to hire a candidate.

While it is common knowledge that employers often review a person’s public social networking profile, such as Linked In, to ensure that a candidate’s qualifications support what an applicant has stated in an interview or may have penned in a resume or job application, or what the candidate has made publicly available. However, it seems that employers are going a step further in their examination and requesting that potential employees provide them with their private social media log-in information and passwords. However, companies who are engaging in this practice of asking for log-in information should be aware that there they are treading upon a very dangerous trajectory and that there are important legal consequences from this type of action.

First, any Florida employer who requests a Facebook, Linked In, or other social media passwords from an application could subject themselves to a Florida invasion of privacy lawsuit. Once an employer is allowed to log-in to a user’s account, he or she will have access to information about the “friends” of the candidate and their privacy. When users have set their personal profile as private it only seems obvious that the information in which they post is only intended to reach those whom they have befriended on the social media sites such as Facebook. Therefore, providing log-in information to an employer exposes another person’s privacy to people who are not intended to receive the information. On Friday, Facebook representatives issued a public statement saying that it will protect its user’s privacy even if it meant going to court.

Secondly, our Fort Lauderdale personal injury attorneys are concerned about other information that could be possibly used to discriminate against an employee, such as age. By law, employers are prohibited from asking a job applicant about his or her age, including on a job application. In general, the law states that an employer can only asks questions which are job-related and should not be asking applicants questions about sexual preferences, disabilities, race, ethnicities, marital status, or religion. Therefore, an employer should not be allowed access to this private information through a candidate’s private social networking profile.

In short, if an employer asks for your log-in information and passwords of a social networking site such as Facebook and Linked In, you should not provide this information to them. If you provide them with this information, you could be compromising your legal rights of privacy. In addition, if you have been asked by a prospective employer for this information, you should consult with our Fort Lauderdale employment attorneys who can advise you of what legal alternatives could be available to you.  

See Our Related Blog Posts:

Florida Construction Site Accidents

Personal Injury Lawsuit Filed Against Wal-mart By Mother and Son

Florida Stand Your Ground Law Under Attack Due To Unarmed Teenage Shooting

Our Fort Lauderdale wrongful death attorneys wish to express our sincere condolences to the family of 17-year-old Trayvon Martin who was shot and killed by a neighborhood volunteer watchman last month. It is devastating to lose a child, and even more disturbing when there is uncertainty surrounding your child’s death. Although George Zimmerman has admitted to shooting the teen on February 27, 2012, he claims that his actions were based on self-defense. So far, the events which happened on that night are unclear, news sources are reporting that evidence from recorded police calls between Zimmerman and police indicate that the volunteer watchman had telephoned law enforcement to advise them that he was following Martin whom he described as looking “suspicious”, but the dispatcher informed him not to pursue the youngster. Nevertheless, Zimmerman failed to obey those orders and claims that teenager attacked him and as a result he shot Martin in self-defense.

However, the Martin family, several private citizens and civic leaders from around the country feel quite different since the minor did not possess any weapons at the time of the incident and believe that Zimmerman should face criminal charges, including murder. But, Zimmerman has not been arrested or charged with any crime and the national outcry over this tragedy has prompted federal officials to further investigate the circumstances surrounding the teen’s death and has sparked a dispute about whether or not the watchman should be allowed to escape criminal or civil liability because of the Florida’s Stand Your Ground law.

This law, which is an essence, a self-defense argument, became effective in October 2005. Basically the law says that regardless of where a person may be and if that person faces an attack in which he or she reasonably believes that the attacker imposes an imminent danger to the person of suffering from seriously bodily injury or death, and then the person does not have a duty to retreat before applying deadly force. Prior to the enactment of this law, Floridians had the duty to retreat or to use any reasonable means necessary when outside of their home before using deadly force against their attacker.  Also, State Attorney Norm Wilfinger announced on Tuesday that this case will go before a Seminole County grand jury.

There is no doubt that this Florida personal injury case  is complicated and presents some challenging legal issues for the Martin family and those who face similar situations. In these types of cases it is important to seek the advice from an attorney who practices law in the areas of personal injury and wrongful death immediately so that a comprehensive investigation can be conducted. Further, whether or not Zimmerman could be held civilly liable will depend upon a number of factors, including whether or not if he was the original aggressor who caused the confrontation and thus relinquished his legal privilege to the self-defense argument under the Florida Stand Your Ground law which is now at the center of an unarmed teen shooting.

If you or a family member is facing a similar situation, you should consult with a Fort Lauderdale personal injury attorney immediately to discuss your case and what legal remedies that may be available for you in order to sue the person responsible for causing the death of your loved one.   

See Our Related Blog Posts:

Pedestrian car crash wrongful death lawsuits in Miami

Power Boating Racing Championships Overshadowed by a Week of Tragedies

Man Killed in Florida Boating Accident

Officials of the Classic Race Boat Association say that the annual Classic Race Boat Regatta is not a racing competition but rather is vintage showcase. This annual event is known to attract thousands of spectators, including the 8,000 to 10,000 watchers who attended last week. Unfortunately, similar to the Key West World Championships held last November, tragedy struck on Saturday. Investigators are currently looking into the cause of death of a boater. What is known thus far is that Mark Van Winkle and Lorraine Moody were ejected from their boat, and Van Winkle was struck by another boat and was killed. It is unclear how the boat struck Van Winkle or whether or not his death is associated with drowning or from personal injuries he may have sustained in this Florida boating accident.  

While there are many reasons for a boating accident to occur, the most common causes are due to operator inattentiveness, alcohol/drug use and excessive speed. It is being reported that the vessels in this event traveled between 70 and 80 miles per hour. Moreover, under Florida law, there are several rules and regulations which have been enacted in order to reduce the number of waterway accidents. Boaters are reminded that when operating a vessel in a speed zone which is posted as an Idle Speed-No Wake zone, the operator must operate at the minimum posted speed and when traveling on a “Slow Down-Minimum Wake” speed zone, operators must operate fully off plane and completely settled in water. In addition, the vessel’s wake must not be of the kind to create an excessive or a hazard to other vessels.

Our Fort Lauderdale boating accident attorneys recognize that activities like boating can be a fun and relaxing recreational experience and that there are hundreds of individuals each year who engage in this activity. However, if you are considering participating in the sport, it is best to become informed about the rules and regulations of the waterways, including any safety and educational requirements. Statistics indicate that boaters who take a boating safety course are less likely to be involved in a boating accident. Boaters can learn what laws may be applicable to their situation by contacting the either the Florida Department of Highway Safety and Motor Vehicles, or the Florida Fish and Wildlife Conservation Commission.

Also, in 2010, there were approximately 668 accidents that involved 339 injuries, the most common injuries were lacerations, broken bones and head injuries. These are serious injuries that often results in the injured party having to undergo extensive medical and rehabilitative treatment that is very costly. Besides personal injuries, each year boating accidents have resulted in massive property damage that could cost well in the millions of dollars. If you have recently been injured or harmed as a result of boating accident, you will need the experience of a Fort Lauderdale personal injury attorneys who can help you recover any damages that you may be legally entitled to, including monetary compensation for medical expenses, funeral costs, and pain and suffering.

See Our Related Blog Posts:

Power Boating Racing Championships Overshadowed by a Week of Tragedies

Orlando Motorcycle Accidents Kill Five in Separate Sunday Crashes

Medical Records in a Florida Personal Injury Lawsuit

Once a Florida personal injury lawsuit which has been filed based upon claims of negligence, including situations involving medical malpractice and motor vehicle accidents, it is understandable that may clients become frustrated because their case is not progressing at a face paced. One of the main explanations of why personal injury or medical malpractice lawsuits are so lengthy is due to the time it takes to gather all of the medical records and bills. Many clients believe that obtaining copies of their personal medical records or bills is a simple process. But on the contrary, procuring this information can be a complicated and time-consuming procedure because of the various issues that could arise during the course of the litigation. Often matters relating to confidentiality laws, incomplete medical histories or determining whether or not expert testimony will need to be obtained will have an impact on the time it takes to end a lawsuit. Further, not only is the plaintiff’s attorney interested in reviewing the medical records and bills, but also the opposing party, including insurance companies. For that matter, medical records and bills are the substances in a personal injury, medical malpractice or wrongful death lawsuit because this information is the foundation of what is needed to assess the value of any possible award of damages.

Thus it is important that for clients to realize that the release of their medical records is controlled by federal and state laws. In 1996, the federal government tightened medical confidentiality regulation with the passage of the Health Insurance Portability and Accountability Act (HIPPA). Basically, among other provisions under the Act, a patient must consent to the release of their medical records to third-parties. Medical treatment providers such as hospitals, primary care physicians, nurse practitioners, chiropractors and other healthcare providers must abide by this and Florida medical confidentiality laws, or otherwise faces harsh penalties if they disclose an individual’s medical records without their prior authorization. Also, when dealing with hospitals and institutions such as a nursing home, correctional center or jail, requests must be sent to an official authorized to release the client’s medical records. Further, the official, who is commonly known as the Custodian of Records, must certify to the authenticity of the patient’s record, particularly when the record is involved in a lawsuit.

Accordingly, our Fort Lauderdale medical malpractice attorneys makes it a priority to gather all medical records and bills which relate to the lawsuit and that our clients have signed the appropriate forms that complies with HIPPA regulations.  Most medical treatment providers possess their own release of medical information forms in which they are required to use, but it is important that a careful review of those documents be thoroughly examined by an attorney to ensure HIPPA compliance.

Also, we recommend that clients release a comprehensive account of their medical histories to all medical treating sources to the best of their ability and to make a personal record that also provide details such as the diagnosis, who treated the client, medications and dates and times of healthcare visits. The purpose of having a well- organized medical history is to prevent the possibility of any pre-existing medical complications of becoming a major issue in a lawsuit. The Fort Lauderdale personal injury lawyers at our firm know all too well the tactics the defendants will use as a measure to bar or reduce a client’s claim for damages. Therefore, if you have recently experienced an accident that you believe was due to the negligence of another person and are wishing to file a lawsuit, you should discuss with an attorney any medical conditions that existed prior to your accident, along with any prior lawsuits in which you were involved. Failing to disclose this information could hurt your case.

Our Fort Lauderdale accident injury lawyers realize that a personal injury, wrongful death or medical malpractice lawsuit is a time-consuming process for our clients. But the importance of complete medical records and bills are so instrumental in a case that our attorneys want to safeguard our client’s legal interest and make certain that they receive fair compensation for the harm they have suffered. If you or a loved one has been recently involved in an accident, contact our office shortly to discuss your legal rights.

See Our Related Blog Posts:

Florida Depositions in Personal Injury Lawsuits

Florida Emotional Distress Claims

Florida Construction Site Accidents

The construction trade is one of the most dangerous industries in America for a worker to be employed. The U.S. Bureau of Labor Statistics has previously issued reports that indicate construction workers are more likely at risk to become injured or killed on-the-job. Each year there are too many workers who are seriously injured or killed in a Florida construction site accident. In addition to workers’ compensation benefits an injured party is entitled to collect, the accident could also be the basis for a personal injury lawsuit. It is common that workers’ compensation benefits are insufficient to fully compensate the hurt worker for all of the injuries that he or she has sustained. If you or a family member has recently been hurt on the job and believe that the benefits under the workers’ compensation system are not enough to cover your damages, you should seek the advice from an attorney regarding your case.

It is irrelevant if the construction site is large or small because there are frequently many workers functioning in a fast paced environment at one time, therefore an accident is likely to occur. There are many reasons for an accident to happen and some of the most common causes of a Fort Lauderdale construction site accident include crane accidents, electrical malfunctions, collapsed structures, falls from ladders and scaffolding accidents.  Although a substantial number of these types of workplace injuries are preventable with the proper use of safety gear and protection, in many cases it is often negligence that has caused a worker to become injured or killed.

Moreover, a substantial number of these kinds of accidents have been linked to the company’s failure to hire, train or supervise workers, failure to use general contractor services that would provide for a safe work place environment, or from a manufacturer’s defective products. Our Fort Lauderdale personal injury lawyers represent injured parties and their families throughout the state of Florida whose lives have been detrimentally affected due to a construction accident. Absent a fatality, an injured worker often sustains a serious catastrophic injury among which could include total or permanent disability due to spinal cord injuries, traumatic brain injuries, fractured bones or severe internal injuries. As a result, the injured worker and their family members encounter difficult financial situations due to enormous medical and rehabilitative costs, large losses of income, or unfortunately in some situations-funeral expenses.

Nevertheless, the company or manufacturer could be held liable for causing the harm that a worker and their family have suffered. Moreover, if you have been hurt while working on-the-job, you need to report the accident immediately to your employer. Under Florida law, failure to report your accident within 30 days is grounds for denial of your workers’ compensation claim. But, our Fort Lauderdale construction accident attorneys are here to help those who are facing challenges with obtaining all of their legally entitled benefits under the workers’ compensation system, or if the employer is claiming that the injured worker is at fault. Additionally, these cases are typically complex and require an experienced attorney who will thoroughly investigate the facts of the case. Contact our office today to consult with one of our attorneys and to learn more about your legal rights.

See Our Related Blog Posts:

Personal Injury Lawsuit Filed Against Wal-mart By Mother and Son

Florida Dram Shop Liability

  

Florida Personal Injury Protection (PIP) System - Legislature Passes Proposals

 Last week we reported that the 2012 sixty-day Florida legislative session would wind-up on Friday, March 9 and that there were a few issues that remained in order for the Legislature to enact new laws that would reform the state’s personal injury protection (PIP) insurance system. Today, we learned that a softer version to the House and Senate proposals were passed by our lawmakers. Under the new system, on the condition that Governor Rick Scott signs the bill, persons who are injured in a Florida motorvehicle accident will have to seek medical treatment within 14 days from the date of the accident-and preferably at a hospital emergency room. Moreover, the new law will ban payments to acupuncturists and therapists.

Also, our Fort Lauderdale personal injury lawyers have warned clients about recent PIP fraud schemes and the state of Florida is taking this issue seriously. In addition to the aforementioned reforms, the Legislature also created an association to fight PIP fraud. Fraudulent PIP claims is severe blow to our state’s economic vitality and for our honest taxpayers who have suffered enough by paying costly insurance premiums. When lawbreakers attempt to get rich quick in schemes such as accident staging, insurance companies must raise their rates which are thus passed to our law-abiding consumers. It is reported that PIP insurance fraud costs the U.S. $80 billion each year. Therefore, if you know of a medical organization that is involved in an accident staging scheme, or schemes to swindle the PIP system, you need to contact law enforcement officials immediately or report them to the Florida Division of Insurance Fraud.

The agency has been very active in the prosecution of those responsible of deceiving the system. Since February 2012, the Division has received thousands of suspected PIP fraud cases that has contributed to the 20 percent increase of fraud cases reported over the last fiscal year. The Fort Lauderdale accident attorneys at our law firm represents those who have been harmed or injured in an accident related occurrence. If you have a case that you believe your injuries were caused by the intentional or negligent conduct of a person or company, you should consult with them concerning your case. Moreover, if you believe that your treating medical provider may be committing acts of fraud, you need to discuss this with our attorneys. Failing to do so is more than likely to bring about serious legal consequences for you, including but not limited to jail and hefty fines.

On the whole our clients are very trustworthy, honest and hard-working individuals who through no fault of their own were severely injured, or had someone who was killed in a personal injury incident. Regardless if your case involves an automobile wreck, train crash, cruise ship incident or a work-related injury, our Fort Lauderdale injury attorneys are here to help you get the legal assistance you need in order to recover compensation for the damages you have sustained. You can contact our office at our website address at www.kpwlaw.com.

See Our Related Blog Posts:

 Medical Clinic Employees Arrested for PIP Insurance Fraud

 Driver Killed in Florida Tank Truck Accident

Medical Clinic Employees Arrested for PIP Insurance Fraud

On Tuesday, three employees of a Tampa medical clinic were arrested on insurance fraud for their alleged involvement in Florida personal injury protection (PIP) scheme. According to investigators from the Florida Department of Financial Services’ Division of Insurance Fraud, the three employees from the CPS Medical Clinic solicited a confidential source to file fraudulent claims for services which were never provided. Further, their arrests come days before the Florida legislature is schedule to adjourn and in currently in the process of possibly passing PIP reform regulations.

Governor Rick Scott earlier stated that PIP fraud was a top priority during this year's 60-day legislative session. One of the key issues to be decided before Friday’s adjournment include the time frame in which Florida motorvehicle accident injured parties are to seek medical treatment to be eligible for PIP insurance coverage. Under the Senate’s proposal, injured parties would have 14 days, but House members want a seven-day time limit. Nevertheless, when PIP insurance fraud similar to Tuesday’s arrest; it becomes more costly for Floridians who have to pay higher premiums due to the wrongdoing of others.

PIP insurance coverage in Florida is based upon the no-fault system. This means that if you or a member of your family becomes seriously injured during a motor vehicle accident, you could possibly recover damages for your injuries under the PIP system. The types of damages that are ordinarily recoverable in PIP cases are compensatory damages such as medical expenses, regardless of fault. Also, under the state’s PIP system, all drivers are required to carry the minimum insurance benefits of $10,000, and $10,000 property damage coverage to pay for vehicle repairs. If a driver does not possess the mandated insurance, he or she could face other administrative civil consequences, such as the loss of their driver’s license.

If you have been hurt during an automobile accident, you should consult with a Fort Lauderdale personal injury attorney to discuss the type of damages which you could possibly recover in a lawsuit. Any attempt to seek monetary compensation from a person who has caused an accident and injured another party can become quite complicated. Also, it is possible that an insurance company could offer you a settlement in order to prevent going to trial. Nonetheless, prior to entering into a settlement agreement it is advisable to consult with an attorney to learn all of the legal alternatives which may be available to you.

Our Fort Lauderdale accident attorneys are here to answer clients’ questions regarding PIP insurance because policies are difficult to understand. For example, some people do not understand that under the law, it is a requirement that the policy must pay 80 percent of all the reasonable necessary medical expenses of an injured person. This could include rehabilitative expenses, surgical, dental or x-ray services. Also, under the Florida’s no-fault system, if you are injured and become unable to work, you could receive 60 percent of your lost earnings, depending on your policy coverage. If you or a loved one has been recently involved in an accident and have been hurt, or worst a family member died in a car crash, contact our office today to consult with an attorney.

See Our Related Blog Posts:

Driver Killed in Florida Tank Truck Accident

Florida Budget Committee Approves Bill to Ban Texting While Driving

Driver Killed in Florida Tank Truck Accident

In a tragic Florida truck collision Wednesday morning, the driver was killed. The man’s identity is expected to be released on Thursday after medical examiners complete their autopsy. According to the Tampa Bay Online, the fuel tank driver was operating his truck when it collided with a train on State Road 60 and the highway was closed down in both directions in the area of the crash. Details on how the truck and train collided are not clear at the moment, but it is believed that the force of the collision caused the train to push the tanker several hundred feet.

Commercial motor vehicles are a vital resource for a strong economy. Each day tank trucks transport many business-related products such as petroleum, chemical and food commodities across the U.S. highways and interstates. Further, these vehicles are regulated by the Federal Motor Carrier Safety Administration (FMCSA) which is an agency within the U.S. Department of Transportation. The FMCSA works with federal, state and local enforcement agencies to enforce federal and state regulations in order to prevent the number of commercial motor vehicle related accidents and injuries. Based upon the most recent statistics provided by the FMCSA, in 2007 there were a total of 368,000 motor vehicle crashes that involved a large truck. A large truck is defined by the agency as one with a gross vehicle weight rating (GVWR) greater than 10,000 pounds.

The Fort Lauderdale truck accident lawyers at our firm are all too familiar with cases involving trucking accidents and their causes. After all, tractor-trailers, 18-wheelers and semi-trucks are very large and heavy motor vehicles that require the driver to exercise the highest degree of safety while operating. Additionally, automobile operators should use caution when traveling alongside a commercial motor vehicle since weather conditions, such as high winds, can also cause these vehicles to sway back and forth on a highway. Nevertheless, accidents involving a large truck often results in an injury or death of a person, including passengers.

There are many different reasons for a Florida trucking accident including speeding, driver fatigue, road conditions, faulty equipment, and cell phone use. However, in trucking litigation many claims are based upon violations of the FMCSA’s regulations. For example, the plaintiff’s attorney could prove that the driver violated the Hours of Service (HOS) rule; this provision makes it illegal for motor carrier operators to drive more than 11 cumulative hours following 10 consecutive hours off-duty.  In order to prevail on this claim, evidence from the motor carrier’s logbooks could demonstrate that the driver violated this law and caused an accident due to driver fatigue.

Also, many accidents involving large trucks are based upon negligence. If you or a family member was recently involved in this or a similar type of accident, you should contact an attorney to discuss your case. Our Fort Lauderdale personal injury attorneys represent injured persons who have been hurt in an accident involving large trucks, buses or motor vehicles. Since these vehicles are frequently associated in accidents in which a loved one was killed, or a person has suffered serious injuries due to negligence, it is important to consult with an attorney who can thoroughly investigate the matter further and to assess what legal options are available to you.

See Our Related Blog Posts:

Curbside Bus Accidents Detailed in New Report

Apopka School Bus Crash Injures Seven

NFL Coach and Players Associated with Causing Intentional Injuries in Pay for Pain Scandal

A report issued last Friday by the National Football League (NFL) that one of its football coaches, some teams and players were involved in a bounty scheme is startling news for our Fort Lauderdale sports injury attorneys. According to Reuters and several other national media sources, NFL investigators met with the former defensive coordinator for the New Orleans Saints, Gregg Williams, on Monday due to his involvement of an orchestrated scheme that paid big money to league players to intentionally injure other players. For what is being called the, “pay for pain” scandal, Williams is believed to be the mind master of the bounty scheme and recruited U.S. football players from the Saints, and possibly the Buffalo Bills, Washington Redskins and Tennessee Titans during the periods he acted as a coach for each of the teams. Under the plan, football players could be paid $1,500 for “knockouts”, $1,000 for “cart-offs” during regular season play, but that amount could double or triple during for postseason games, such as the playoffs. Williams has admitted his wrongdoing and said that “it was a terrible mistake”.

Further, Williams, who has been hired by the St. Louis Rams, said that the system was in place while he coached for the Saints. Moreover, the Bills CEO, Russ Brandon, has denied knowledge of his team’s involvement with the payment system. There are reports that well-known players such as Brett Favre and Kurt Warner were targets of the scheme. For the most part, at least Williams has acknowledged his wrongdoing and has taken responsibility for his unethical conduct that harms the reputation of the league. Nevertheless, there are serious legal consequences which are sure to arise that the NFL, owners, coaches and the participants who were involved in this scandal could likely encounter.  

Besides the possibility of criminal charges being filed against those identified as the wrongdoers, there could also be grounds for a civil suit, including a Florida personal injury lawsuit that could be filed by the injured parties. An intentional hit to cause injury upon a person can be a basis for a civil assault and battery. Many legal analysts have weighed in on this issue and have argued that Williams, among others, could face paying damages to their targets due to their conduct. Although other legal commentators on the subject have said that if a personal injury lawsuit was filed, then the defendants in the case could argue that the plaintiffs assumed the risk of the contact because football by its nature is a sport in which contact is to be expected.

However, as Fort Lauderdale personal injury attorneys, we know that the type of conduct in which football players ordinarily consent to is not of the kind of physical contact that was involved under this scheme and thus exceeded the scope of ordinary consent. It is understandable that physical contact associated with a sporting activity such as football is inevitable and players typically will not consent to intentionally suffering serious injuries such as a head concussion.

Our Fort Lauderdale sports lawyers are here to help those who have been intentionally injured in any type sporting activity, including professional athletes. When you have suffered serious life threatening harms, the law states that you could be entitled to recover damages for your injuries. Contact our office today to speak with one of our attorneys to learn more about your legal rights.

See Our Related Blog Posts:

Spinal Cord Injuries

Powerboat Racer's Widow Files Wrongful Death Lawsuit

Florida Budget Committee Approves Bill to Ban Texting While Driving

Recently, the Florida Budget Committee approved SB 416, which if passed into law will make it illegal to text and drive effective, October 1, 2012. There are an overwhelming number of Floridian citizens who support this measure which is very reasonable. Texting while driving accidents are a major contributor in Florida motor vehicle accidents that often kill or seriously injure another person. Also, if the bill as it is now written becomes law, a person who is found guilty in a criminal offense could face paying fines and court costs; as well as having their driver’s licenses suspended for a period of time due to point’s accrual.

Further, with any luck, Florida will not continue to be among the few states in the country without laws that prohibits texting and driving. According to the Huffington Post, 71 percent of Florida voters are in favor of the bill becoming law and the Fort Lauderdale personal injury attorneys at our firm are pleased to learn of the concern that our state residents have about this issue and share those same thoughts. Since there has been an increasing use of cell phones that are being used while driving and the rising of social media networks accessibility, too many people have died each year due to the negligence of a driver who was districted from driving because they were texting. Texting while driving is distracted driving and studies have shown that an estimated 15 to 25 percent of distractions are associated with all crashes in which there is a personal injury or death outcome.

Also, a report issued last summer by the Governors Highway Safety Association recommends that states take countermeasures that will reduce the number of wrecks involving texting. Among them are enacting a text law for all drivers and a complete cell phone ban for beginning drivers, enforcement of all existing cell phone and texting laws, and helping employers develop and implement distracted driving programs and policies. Hopefully, our state lawmakers will follow all of the recommendations of the Association and start by making Bill 416 a law. Although not all drivers will follow the rules, our Fort Lauderdale car accident lawyers believes there are responsible citizens which operate a motor vehicle upon our state highways and will appreciate the safeness of their fellow drivers .

Our Fort Lauderdale distracted driving lawyers are here to help you or a family member that was injured in a motor vehicle crash and believe that texting or distracted driving was a factor. Besides texting, there are other types of cell phone distracted driving that are dangerous, such as checking an email while driving. The sad part with these kinds of accidents are that they are preventable and all that is required to avoiding these accidents are common sense and safety concern for other drivers and pedestrians. Yet, the law entitles injured parties the opportunity to recover damages by filing a personal injury lawsuit against the person who caused the accident. Contact our office today to consult with an attorney regarding your case and to learn what legal alternatives are available for you.

See Our Related Blog Posts:

Texting While Driving Fatal Crash Results in Family Being Awarded $8.8 Million

Florida Senate Passes Claim Bill to Award Eric Brody $10.75 Million