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Common Reasons That Prevent People from Hiring a Florida Personal Injury Lawyer

Common Reasons That Prevent People from Hiring a Florida Personal Injury Lawyer

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People are involved in serious and fatal accidents every day in the U.S. In 2019, the year for which the most recent data is available, 33,244 individuals suffered fatal injuries in motor vehicle accidents and hundreds of thousands of others sustained injuries.1 After an individual has been involved in an accident, whether it involved a motor vehicle or they slipped and fell on someone else’s property, they are always advised to consult with a Tampa, FL personal injury lawyer, and for good reason.

Personal injury attorneys help accident victims understand their legal rights, including whether their injuries entitle them to compensation. They can also assist them in recovering any compensation they may be due, whether it is from the insurance company and/or the at-fault party. Unfortunately, there are individuals who neglect to retain a FL personal injury attorney following the occurrence of an accident, usually for one of the following reasons:

 

  1. The cost.

A common misconception many people have is that they won’t be able to afford a lawyer to help them after an accident. But the truth is, many attorneys work on a contingency fee basis. This means they only collect their fees if they win the case. Therefore, an individual may actually be able to retain a Tampa, FL personal injury attorney without having to pay a large sum of money upfront.

 

  1. They aren’t sure if they have a viable case.

Although insurance companies are generally the first place an individual turns to for financial relief, they may not be able to obtain the full amount of compensation they are due by filing a claim. Sometimes, insurance companies will undervalue claims or even deny them. In other cases, the at-fault party may not have enough insurance coverage available to pay for the damage their policyholder caused.

When situations like these arise, an individual may be able to file a civil lawsuit against one or more parties in an effort to recover the compensation they are due. if an individual isn’t sure whether they have a case, they can always schedule an initial consultation with a Tampa, FL personal injury attorney who can confirm whether they have the ground to sue.

 

  1. They’re worried about the lawsuit process.

Although hiring a lawyer might seem like a big step for an accident victim to take, many cases can actually be settled out of court. In fact, if the at-fault party is willing to take responsibility for their actions and pay for the damage they caused, an accident victim may not even have to step foot in a courtroom.

While a personal injury lawyer can certainly help an accident victim get their case settled prior to having to go to court, sometimes it is actually in the victim’s best interest to let their case play out as they may be awarded more than if they were to accept what the at-fault party is willing to pay to close the case.

 

Speak With a Tampa, Florida Personal Injury Attorney Today

 

If an individual was involved in an accident that wasn’t their fault and they aren’t sure whether they need to hire a lawyer, they can always contact The Reyes Firm. The attorneys at The Reyes Firm offer free consultations and would happy to help an individual determine if their legal assistance is needed.

 

The Reyes Firm can be reached at:

 

3302 North Tampa Street

Tampa, Florida 33603

Phone: (833) 422-3329

Website: www.thereyesfirm.com

 

Source:

  1. https://www.iihs.org/topics/fatality-statistics/detail/state-by-state
Can a truck accident victim file a lawsuit for damages in Texas if it has more than a year after their crash?

Orlando Business Law Attorney Michele Diglio-Benkiran Recognized for Being One of the State’s Top Practicing Attorneys

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If an individual ever needed legal advice on starting a business or wanted to know more about investing with a company, business law lawyer Michele Diglio-Benkiran would be the one to contact. For more than 20 years, attorney Michele Diglio-Benkiran, the founder of Legal Counsel P.A. located in Orlando, has been helping individuals address various types of business-related matters including business sales, corporate formation, and much more.

And now, she is being recognized for her skills and ability to provide sound legal advice and guidance.

 

Attorney Diglio-Benkiran Voted as Florida Trend’s Legal Elite

 

According to Florida Trend, although “less than 2% of active Florida Bar members practicing in Florida appear among the exclusive Florida Legal Elite,” business law attorney Michele Diglio-Benkiran was chosen by her peers as being one of the “state’s top licensed attorneys.” Those who participated in the vote were asked to identify lawyers who they would highly recommend.

Being recommended for and named as Florida Trend’s Legal Elite isn’t only an honor, it’s a reflection of an attorney’s ability to deliver to their clients. Not only has attorney Michele Diglio-Benkiran managed to land this title, but she was also voted “Woman of the Year” by Orlando Style Magazine, yet another honor to add to the books.

Orlando Style Magazine strives to “celebrate the people, places, and events that define the unique character of the region” and it appears it has chosen to celebrate attorney Michele Diglio-Benkiran for being the exemplary individual that she is.

 

Why Individuals Should Choose Legal Counsel P.A. to Assist With Their Business-Related Matters

 

Starting and managing a business is no easy job. Legal issues might arise and contracts will likely need to be drawn up or reviewed often. Those who are starting a new business, are looking to expand their current business, or are looking to keep their business afloat and away from issues need someone on their side who is going to look out for their best interest and protect their rights.

And that is what business law attorney Michele Diglio-Benkiran will do. At Legal Counsel, P.A., clients are treated like people, not cases. Their issues are taken seriously, and their needs are addressed. Legal Counsel P.A. is a law firm that understands how one small mistake could jeopardize a person’s entire business structure and therefore, strives to help those entering entrepreneurship or are already in business avoid these mistakes and stay on the right path so their business venture is a successful one.

Therefore, if a business owner or individual looking to start their first business in Orlando, FL or has a legal question or concern, whether it deals with forming an LLC or applying for a trademark, Legal Counsel P.A. is ready and available to provide them with the assistance they are seeking.

 

Legal Counsel P.A. is located at:

 

189 S. Orange Avenue, Ste. 1800

Orlando, FL 32801

Phone: 407-395-2653

Website: www.legalcounselpa.com

Email: [email protected]

What if a person’s rights were violated during an arrest in Fort Myers, Florida?

What if a person’s rights were violated during an arrest in Fort Myers, Florida?

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There are certain rules and procedures police officers in Florida are required to follow when making an arrest. For instance, they generally need to have probable cause before they can place someone in handcuffs and charge them with a crime. Law enforcement officers simply cannot assume that an individual is committing a crime or intends on committing a crime using their gender, race, socioeconomic status, etc.

If a police officer places someone under arrest and fails to follow one or more procedures such as identifying their probable cause, then they may be violating that person’s rights. As a result, an individual may be able to get their charges reduced or dropped.

 

How to prove an officer violated a person’s rights during their arrest?

 

Although an officer may have conducted a search of a person’s vehicle without having probable cause or stopped them without having a valid reason while they were walking home which then led to their arrest, there is a good chance they will try and make the arrest look valid. This can make it difficult for an individual to prove their rights were violated. Thankfully, there are Fort Myers, FL criminal defense lawyers who are aware of the steps that need to be taken to help an individual prove their arrest was not justifiable.

Some of the ways a criminal defense attorney in Fort Myers can help someone prove their rights were violated during their arrest include:

 

  • Collect and review dash cam or body cam footage. Dash cam and body cam footage have proven to be useful in many wrongful arrest cases. If the officer had their cameras turned on during their encounter with an individual, an attorney may be able to pull out the pieces they need to show their client’s rights were violated.

 

  • Collect witness statements. If other people were present during the arrest, a statement from them may be useful in proving the arrest was made after an individual’s rights were violated.

 

  • Identify the laws that are used to protect individuals from being wrongfully arrested. There are a number of different laws that aim to protect the rights of individuals and a criminal defense lawyer will be able to identify which were violated.

 

What happens to criminal charges that stem from a wrongful arrest?

 

If an individual is successful at proving that an officer violated their rights in order to make the arrest, some or all of the evidence that is being used to charge them may become inadmissible. This means it cannot be used to convict the individual. And without certain pieces of evidence, a prosecutor may or may not have enough support to get the individual convicted.

 

Get Connected With a Criminal Defense Lawyer in Fort Myers Now

 

If an individual was arrested for DUI, drug possession, weapons possession, or any other type of criminal offense in Fort Myers and their rights were violated during their encounter with an officer, they can contact Robert Foley Law Firm for legal help. The criminal lawyers at Robert Foley Law Firm will be able to advise them on what their next steps should be and can even provide them with the legal representation they may need to properly fight their charges.

 

Robert Foley Law Firm can be reached at:

 

2259 Cleveland Avenue

Fort Myers, FL 33901

Phone: 239-690-6080

Website: www.robertfoleylaw.com

What is the process to sue a police department in California?

Fort Lauderdale, Florida, What is a civil lawsuit?

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A civil lawsuit is generally filed when an individual feels they have been “wronged” by someone else, according to The Florida Bar. In a civil lawsuit, the person who feels “wronged” is considered the plaintiff, and the person being sued is recognized as the defendant. Generally, the purpose of a civil lawsuit is either to recognize someone for a breach of contract or a “tort.” A tort is “a civil wrong, other than a breach of contract, for which a remedy may be obtained in the form of damages.”

Although civil lawsuits can arise in business and financial-related matters, it is going to be discussed more in-depth in the context of personal injury law down below.

 

Filing a Civil Lawsuit Over an Accident Resulting in Injuries

 

When an individual has been involved in an accident such as a car crash or motorcycle wreck, and they suffered injuries, they may decide to bring a civil lawsuit against another party if that driver’s behavior contributed to the accident in any way. In order to file a civil lawsuit against another person or even a company whose driver played a role in causing an accident to occur, the plaintiff will need to prove that the defendant (i.e. the person they are suing) was negligent in some way. Negligence is the basis for most civil lawsuits that involve a tort.

For example, if an intoxicated driver were to cause an accident that left another motorist catastrophically injured, that driver or someone authorized to represent them may decide to bring a civil lawsuit against the driver who chose to drive drunk. Drunk driving is considered a form of negligent behavior. When a civil lawsuit is filed over a tort, the plaintiff can request that the dependent provide them with damages, or financial relief.

Some examples of the damages a plaintiff might be awarded given they are applicable include:

  • Pain and suffering
  • Lost income
  • Loss of earning capacity
  • Mental anguish
  • Past and future medical expenses
  • Loss of enjoyment of life
  • Disfigurement

 

Examples of Civil Lawsuits

 

In addition to motor vehicle accidents, civil lawsuits can also be filed against the following:

  • A trucking company if their driver’s negligent behavior led to an accident occurring.
  • A public or private business owner if someone suffered injuries on their property.
  • A doctor or hospital if a medical mistake was made.
  • A manufacturing company if a defective product caused someone harm.

 

Now, if an individual was involved in an accident of any type in Fort Lauderdale, FL, or they suffered injuries as a result of someone else’s negligent behavior, they may have a valid case on their hands. If they would like to have a Fort Lauderdale, FL personal injury lawyer assess their incident to determine if legal action is warranted, they can contact Madalon Law.

If an individual has the grounds to file a civil lawsuit against another person or entity in Fort Lauderdale, the personal injury attorneys at Madalon Law will be sure to help them fight for the best possible outcome.

 

You can reach Madalon Law at:

 

100 N. Federal Highway, #CU5

Fort Lauderdale, FL 33301

Phone: 954-923-0072

Website: www.madalonlaw.com

Florida Laws Slip and Fall Accident Victims Need to be Aware Of

Florida Laws Slip and Fall Accident Victims Need to be Aware Of

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Each state has laws that dictate the legal action a slip and fall accident victim can take against the owner of public or private property. In Florida, there are two very important laws slip and fall accident victims need to be aware of it they are looking to hold a property owner liable for their injuries and losses. Generally, a property owner can be held liable when the following elements can be proven:

  • The property owner owed the individual a duty of care.
  • The property owner breached that duty.
  • The individual suffered injuries.
  • The injuries were a direct cause of the breach of duty.

 

Both public and private property owners owe individuals who enter their property a duty of care which means their premises should be free from hazardous or dangerous conditions that could potentially cause harm to someone else. When a property owner fails to maintain their premises and someone gets hurt as a result, they may be liable for compensating the injured party for the injuries they suffered. If the injured party wanted to try and recover compensation from the property owner, they would need to file a premises liability lawsuit against them.

 

Florida Laws that Effect Premises Liability Lawsuits

 

  1. Statute of Limitations

After an individual has slipped and fallen on public or private property, they are only given a certain period of time to bring a lawsuit against the property owner. In most cases, the State of Florida will allow a slip and fall injury victim to bring their lawsuit against a property owner if they do so within four years from the date of the incident or their injuries became known. After four years have passed, they may be barred from suing. Although four years may seem like a long period of time, there is much work that will need to be done if they want to build a solid case and increase their chances of obtaining a favorable outcome.

Therefore, it benefits a slip and fall accident victim to contact a Fort Walton Beach, FL personal injury lawyerafter an incident so they can begin working on their case.

 

  1. Comparative Negligence Law

The next law that all slip and fall accident victims should be aware of is Florida’s comparative negligence law. This law says that if an accident victim played a role in causing the incident to occur, their damages, if any are awarded to them, shall be reduced by their percentage of fault. This means if the injured party was distracted or not looking where they were going which caused them to trip over a cracked tile in a store, they could have their award amount lowered because of this.

 

What types of damages might be awarded in a slip and fall accident case?

 

  • Property damage. If an individual’s watch or prescription eyeglasses broke as a result of their fall, they can request that the property owner reimburse them for these losses as they are likely costly to replace.
  • Pain and suffering
  • Lost wages
  • Loss of earning capacity
  • Medical expenses
  • Mental anguish
  • Loss of enjoyment of life

 

Get in Touch a Fort Walton Beach, FL Personal Injury Attorney After a Slip and Accident

 

If an individual suffered an injury on public or private property in Fort Walton Beach, FL, and they would like to find out if they can sue the owner for damages (i.e. financial relief), they can contact Browning Law Firm for legal help. Browning Law Firm is a personal injury law firm located in Fort Walton Beach that can assist with a wide array of accidents, including slip and falls.

 

Browning Law Firm can be reached at:

 

418 Racetrack Rd. NE, Ste B

Fort Walton Beach, FL 32547

Phone: 850-344-1736

Website: www.browninglawfirm.com

Florida Labor Laws Business Owners in Orlando Need to be Aware Of

Florida Labor Laws Business Owners in Orlando Need to be Aware Of

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There are several federal employment laws business owners in Orlando, FL must be in compliance with that can help them avoid workplace issues and litigation. A few of the laws, which are disused down below, generally apply to most business owners, however, if someone is unsure as to whether they are required to comply with one, they can always seek legal advice from an Orlando, FL business law attorney at Legal Counsel, P.A.

 

  • Workers’ compensation laws. Most employers in Florida are required to purchase and make available to their employees, workers’ compensation insurance. Employees should have access to this coverage when they suffer an on-the-job injury or an occupational disease and should be provided with medical and cash benefits given they qualify to receive them.

 

  • Provide employees with a safe workplace. The Occupational Safety and Health Act (OSHA) requires employers to provide their employees with a safe environment to work in. Employers are expected to try and “eliminate or reduce hazards first” by making the necessary changes in their workplace. Additionally, if a safety or health problem arises, it is an employer’s duty to correct it.

 

  • Minimum wage laws. Florida’s current minimum wage is set at $8.56 although it is expected to gradually increase over the next few years. Each year, employers in the State of Florida must be sure they are staying current with Florida’s minimum wage laws to ensure they are paying their employees the correct amount in wages.

 

  • Rest breaks. Most states, including Florida, do not require employers to provide employees with paid meal breaks and rest breaks. However, when it comes to minors, the laws apply differently, and business owners need to be sure that if they intend of having minors work for them or already do, that they are complying with the law.

 

  • Discrimination laws. Because the law prohibits employers from discriminating against employees, all employers must be sure they have an effective plan in place that promotes a friendly environment and one that is free from discrimination.

 

If a business owner in Orlando, FL needs help understanding what state and federal employment laws they are required to abide by, they can always contact Legal Counsel P.A. to discuss this with an Orlando business law attorney. Running a business is time-consuming and challenging and sometimes, this can cause certain things to get overlooked. But, if a business owner wants to hire employees or already has some working for them, they need to be sure their business is compliant with all Florida laws that are applicable to them.

In the event a new or established business owner would like to have a business law lawyer in Orlando, FL review their workplace practices, procedures, etc. to ensure they are complying with all Florida’s employment laws, they are encouraged to contact Legal Counsel P.A.

 

Legal Counsel P.A. is located at:

 

189 S. Orange Avenue, Ste. 1800

Orlando, FL 32801

Phone: 407-395-2653

Website: www.legalcounselpa.com

Email: [email protected]

Largo, Florida, What should an individual do if an officer falsified the amount of a controlled substance they had in their possession?

Largo, Florida, What should an individual do if an officer falsified the amount of a controlled substance they had in their possession?

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When an individual is caught with a controlled substance, the type and amount they have in their possession are what is used to determine the charges that shall be filed against them. If an officer falsified the amount of a controlled substance, it can lead to an individual being charged with a much more serious crime which, in return, will carry much more severe penalties. If a person in Largo, FL believes the officer who arrested them falsified how much of a controlled substance they had in their possession, they are going to need to hire a Largo, FL criminal defense lawyer who can help them prove this.

 

Penalties for Having a Controlled Substance in Largo, Florida

 

While some drug charges might result in an individual being charged with a misdemeanor, other types of drugs can lead to an individual being charged with a felony. It all depends on the type of drug they had in their possession and the amount. In most cases, however, a drug charge of any type is likely to carry jail time, fines, fees, etc.

 

Ways a Criminal Defense Attorney Can Help After a Person Has Been Charged with a Drug Crime in Largo, FL

 

When an individual believes they have been charged with the wrong crime (i.e. an officer accused them of having more of a controlled substance than they actually had), they will want to retain a Largo, FL criminal defense attorney who can assist them with gathering evidence to help support a request for a reduction in charges. Some forms of evidence that may be supportive to the case include:

  • Police body cam footage. Only under certain circumstances are police departments required to release police body cam footage, however, a Largo criminal defense lawyer will be able to assist an individual with this.
  • Witness statements. If others were around at the time the arrest was made, they may be able to help corroborate the allegations that are being made against the officer.

 

If an individual is seeking legal representation because they were charged with the wrong crime in Largo, FL, they can contact Trevena, Pontrello & Associates for legal help. The last thing anyone wants is to face penalties for a crime they didn’t commit. However, proving an officer falsified the quantity of drugs an individual had in their possession at the time of their arrest can be challenging to do which is why they should consider hiring a Largo, FL criminal defense attorney.

Trevena, Pontrello & Associates is a criminal defense law firm located in Largo and can be reached at 727-581-5813.

 

Trevena, Pontrello & Associates is located at:

 

801 W Bay Drive, Suite 509

Largo, FL 33770

Phone: 727-581-5813

Website: www.trevenapontrellolaw.com