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Motorcycle accidents often leave operators and passengers suffering serious injury, facing huge medical bills and the inability to work for an extended period of time. Even so, the last thing many want to do is sue a friend or loved one. What you need to understand is that while you may need to bring a claim against your friend or family member, it’s not them who pays compensation for your injuries. It’s the insurer(s). motorcycle accident attorney

These cases are not unheard of, and in fact, are quite common. (If you think about it, as a passenger, with whom are you most likely to be riding? Not a stranger, but probably someone who is or once was close to you.) In a recent motorcycle accident case in New Jersey, the ex-girlfriend of a state assemblyman filed a lawsuit against him, alleging his negligence in exceeding the speed limit resulted in his losing control of the motorcycle when the pair approached stopped traffic ahead. Defendant told the local Daily Journal newspaper that allegation was untrue because there had been no citation issued. (This is not exactly true, however, because an investigating officer’s decision to cite or not for a traffic violation is not the final word on whether someone was negligent in a personal injury lawsuit; that call is made by the court.) Cases involving exes may be a bit more adversarial than others, but nonetheless generally do not involve plaintiff seeking direct compensation from defendant.

The reason defendants are named is because plaintiffs can’t directly sue insurers. They must file a claim for damages against the person who is actually negligent, and then obtain compensation from the entity required to indemnify/ cover those losses on behalf of the defendant.  Continue reading

This past Independence Day many went and enjoyed one of the numerous professional fireworks displace across the State of Florida.  However, many others went over to a barbecue at relatives or friends homes and capped-off the night with an amateur fireworks display.  This can be a lot of fun, but it can also be very dangerous, and for this reasons, authorities also warn fireworks are best left to the professionals.

Broward Personal Injury One thing many do not realize is fireworks are actually illegal to sell in the state of Florida if they are being used for what most consider their normal purpose of shooting them off on the Fourth of July.  If you want to legally purchase fireworks for public display, the buyer and seller actually need permits, but that is not what typically happens.  You may be wondering how all of these roadside stands are allowed to sell virtually any type of fireworks to consumers.  Continue reading

In an ideal world, our loved one will have written a valid last will and testament, and when he or she dies, the family will know where that will is and also know who was selected to executor of the estate.  The person chosen to be the executor (sometimes called an executrix if that person is a woman, or an estate administrator, or personal representative depending upon the state in which the will was drafted) will go the probate court and open an estate.

Broward Probate Lawyer The executor of the estate will inventory the estate and make an accounting of all debts and assets and provide notice to anyone who is listed in the will as a beneficiary, and also issue notice to all creditors who may still be owed money by the decedent at the time of his or her death. In many cases, the debt will be written off when the person’s whose name it was died, but in some cases, a creditor will still have a right to file a claim with the estate and collect money from the estate. Continue reading

A $19 million damage award for the widow of a fatal railroad car accident victim was affirmed in Missouri, finding the circuit court didn’t err when finding the railroad company 95 percent liable for failure to trim vegetation surrounding the railroad tracks. car accident attorney

The appeal from the railroad company stemmed from the argument a new trial was warranted due to an alleged error by the trial court of not granting a motion for a new trial based on the intentional nondisclosures of prior car accident litigation by a juror. Ultimately, the state supreme court determined that defense attorneys could have discovered the juror’s litigation history had they re-ran her name through a standard background search once they became aware (at the juror’s notification) that her name was misspelled by the clerk of courts.

The case is worth noting for the fact that this is one of those errors that could potentially happen to either attorney in this case, and there are so many technicalities can impact the outcome. That’s why it’s so important to have an eagle-eyed personal injury attorney in Fort Lauderdale working on your behalf. Continue reading

Being left out of the will of a parent, grandparent or other loved one can sting emotionally, but you might not be completely without legal options. It’s important to discuss the circumstances with an experienced Fort Lauderdale probate lawyer who can help walk you through the possibilities. contest a will

Although sometimes there is little expectation of an inheritance due to long-term erosion of the relationship, for many adult children and grandchildren, the news can come as something of a shock. The decision of whether to take action is a difficult one and will probably depend at least partially on what the odds are you’ll be successful in obtaining an equal share or at least a fairly-negotiated settlement with the named heirs.

There are a number of ways you may be able to challenge if you are left out of a will, all of which are time-sensitive so getting a probate lawyer involved as soon as possible is an imperative. Continue reading

Many of those who suffer a Fort Lauderdale work injury are prescribed opioid medications to help cope with acute pain. However, a recent study revealed opioid prescriptions have an adverse affect on workers the longer they are used, ultimately increasing the duration of temporary disability claimed by workers with a myriad of injuries.construction accident attorney

The study by the Workers’ Compensation Research Institute analyzed worker back injuries in 28 states over a recent five-year stretch in cases where workers took seven days or more off work. Within these numbers, they analyzed whether the workers were prescribed an opioid painkiller, if they received multiple opioids and the duration of those medications (considering long-term use to mean prescriptions within the first three months of injury extending into the 12-month mark). Then they compared this data to the length of workers’ temporary disability.

They discovered that workers prescribed opiates long-term were on temporary disability three times as long as those who had filed claims yet not received opiates. Those who were only prescribed these powerful painkillers within the first three months, but not thereafter, did not show a substantial impact on disability duration. Study authors also concluded workers employed and residing in “high prescription” regions were more likely to receive a prescription for opioids, regardless of injury. Continue reading

Probate courts in Florida have substantial amount of discretion when it comes to the decision of whether to re-open an estate that was previously closed. In most cases, a probate estate is reopened when new assets are discovered that weren’t discovered at the time the original estate was administered.probate attorney

There is a provision of Florida law, F.S. 733.903, that expressly allows this process, called “subsequent administration.” It states that a “final settlement” of and estate and the discharge of the personal representative does not prevent further administration of the estate. However, the law also states that an order of discharge won’t be revoked on the basis of a newly discovered will or later will.

However, if such action is going to be taken, it’s very important to consult with an experienced Fort Lauderdale probate attorney. Continue reading

Florida is somewhat unique when it comes to slip-and-fall cases (compared to other states and compared to other premises liability action here in Florida). Thanks to a 2010 move by the legislature (backed heavily by corporate lobbyists), people suing for slip-and-fall in Florida must prove not only that there was a transitory foreign substance on the floor of a business that caused a fall that resulted in injuries. They must also show, per F.S. 768.0755, that the property owner had actual or constructive knowledge of the substance. slip-and-fall

Actual knowledge would be if the property owner/ controller created the mess or was directly informed of it. Constructive knowledge can be established with circumstantial evidence that shows the slippery condition had either lasted for a long enough time the property owner should have discovered it in the course of using ordinary care OR that it occurred with regularity and was therefore foreseeable.

This can be challenging, which is why the injury attorney you choose should be highly skilled and experienced with a track record of success in these cases in the last eight years since the law changed.  Continue reading

Many ranches, farms and other agricultural companies arrange for employee housing in addition to wages for their workers. This can raise some interesting legal questions if workers are involved in a collision traveling to-and-from work, especially if one or more is paid during that time.car accident

Typically in workers’ compensation law and with vicarious liability claims, the time in which workers are going to are leaving from work is subject to the “coming-and-going rule.” The coming-and-going rule holds an employee is not acting in the course and scope of employment while traveling to and from work. Therefore, injuries occurring during that time are generally not covered by workers’ compensation and vicarious liability lawsuits.

In a recent case out of Texas, the Texas Supreme Court weighed whether the lower courts had properly granted summary judgment to an employer in a fatal crash case. The court ruled that judgment was improper, reversed and remanded the case to trial for further proceedings.  Continue reading

In a multiple vehicle car accident, where witnesses may give widely varying accounts of what actually happened and who is at-fault and to what degree, the credibility of each witness and party becomes critical.  It’s not uncommon for defense attorneys to challenge the credibility of plaintiffs to challenge their own client’s liability.personal injury attorney

In a recent case before the Hawaii Supreme Court, this was precisely what the defense attorney did, via alleging at various points during the trial that plaintiff was not even in the vehicle, was not injured in the course and scope of employment (she was a home health aide reportedly helping transport a patient to a doctor’s office at the time of the crash) and that she had filed this personal injury lawsuit  as a money grab on top of her fraudulent workers’ compensation claim. He went so far as to tell the jury during closing arguments that if they sided with plaintiff, they should be ashamed of themselves as it would consummate plaintiff’s fraud. Mind you, this was not something of which she’d been formally accused or convicted.

Plaintiff sought a jury instruction that would stipulate they could not consider her motive in filing the case, but rather only whether defendant was negligent. Trial court rejected that request, and jurors returned an 11-1 verdict in the defense favor, finding defendant – the rear driver in a three-car pileup – was not the legal cause of plaintiff’s injury.  Continue reading

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