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Settlement Alert

Settlement Alert

Car Accident
Settlement Alert: $3,300,000.00 Settlement for a Volusia County Disputed Liability Motor Vehicle Accident. What happened: Our client was T-Boned by a Commercial Vehicle after making a U-Turn. Our client was thrown from the vehicle and spent almost 30 days in a Coma. As expected, her recovery is ongoing and will continue for the rest of her life. What We Learned: Hiring a property damage/accident reconstruction expert immediately after the accident, before knowing the policy limits and before knowing whether the other party accepts liability is imperative to gaining the presuit upperhand against a multi billion dollar insurance company. I understand that this cannot be done on every case. Some attorneys don't have the means to take this step and for certain cases it is NOT necessary. On this case, it…
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Common Back-to-School Accidents and Injuries

Common Back-to-School Accidents and Injuries

personal injury
Children going back to school means an increased potential for injuries. Since children live active lifestyles and their bodies are smaller, they may be more vulnerable to suffering serious injuries. Here are four common back-to-school injuries. Playground Accidents The most common playground accidents are Falls. Roughly 20,000 children each year will suffer playground injuries that require medical treatment. Children may suffer broken bones and head injuries when they fall on a poorly maintained playground. School Bus Accidents School bus accidents can be serious because there are no safety mechanisms or restraints on the bus itself to prevent injury. Children may be injured on the bus itself, or they may be struck while crossing the street to board or exit the bus. Pedestrian Accidents In general, the number of pedestrian accidents…
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Who is Responsible for Your Car Crash?

Who is Responsible for Your Car Crash?

Car Accident
After you have been injured in a car crash, you can only obtain financial compensation if you can prove that someone else was responsible for your crash. Accidents do happen, and sometimes, the insurance companies can determine that one driver was at fault. Legal responsibility depends on a finding that one driver was negligent. Every driver owes a duty of care to other drivers on the road around them. They have an obligation to act as a reasonable driver would under the circumstances. The insurance companies (or a jury) would look at the actions of each driver involved in a crash. You would prove what the other driver did by gathering evidence. Then, the driver’s actions would be compared with what a reasonable driver would have done. For example, a…
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Common Accidents in the Summertime

Common Accidents in the Summertime

personal injury
The summer is always more dangerous, as families and individuals are outside enjoying a variety of activities. People tend to be more active in the summer, with more risk for injuries. Here are some common summertime accidents. Swimming Pool Accidents The hot Florida weather means that people are more likely to want to cool off with a dip in the pool. However, some people may not properly maintain their pool, raising the risks that their guests may be injured. Others may be injured by a defective part in the swimming pool. Children may be injured by submersion or could suffer broken bones. Grilling Injuries People take to their decks and parks to enjoy a summer cookout. Unfortunately, the grill that they are trusting to cook their food can burn or…
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How Does a PIP Claim Work in Florida?

How Does a PIP Claim Work in Florida?

Car Accident
In Florida, you can still receive some money to pay for your accident-related expenses, even if you are not able to prove that someone else was responsible for the crash. Every auto insurance policy has a limited amount of no-fault protection that helps you no matter what. Florida has tight limits on the amount of PIP coverage. In addition, PIP will only cover part of your damages. However, PIP coverage will provide the following: Medical expenses (covers 80% of your expenses up to the cap)Lost wages (covers 60%)Death benefits for your family (limited to $5,000) PIP claims do not cover pain and suffering associated with your accident injuries. PIP claims are submitted in the same way as any insurance claim. In this case, the insurance company would not need to…
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The LUNA UST Bank Run

NFT
Just to be clear, there is no predominant or decided US or SEC lawsuit, litigation or “case” related to Terra Luna, or UST.  One is sure to come though.  Last month the LUNA crypto currency was worth 30 billion, this month it’s worth less than 100 million.   Its companion stablecoin, UST, which is “pegged” one-to-one to the U.S. dollar, plunged below 37 cents.  This is exactly the type of thing regulators were worried about, warning of and now, dwelling over. Expect heavy handed drafts of proposed regulations to circle the news before being excised by a leveler minds.  There is a difference between algorithmic stablecoins, aka UST and collateralized stablecoins, aka Tether, but the government isn't exactly fond of either.  Stablecoins are the threat closest to home in the eyes…
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Possible Evidence in a Personal Injury Case

Possible Evidence in a Personal Injury Case

personal injury
The types of evidence you want to submit in a personal injury case depend, ultimately, on the nature of your injury. A defamation case does not take the same evidence or proof as a car accident. So, for purposes of this post, let’s assume you were in a motor vehicle accident and the other party is at fault. You have some pretty severe injuries which will keep you off work for some time, may impact your ability to do your old job, and are causing you to suffer rather severely. Evidence for Your Damages The following table shows some of the damages you suffered and what evidence you might offer to prove them. Damages Suffered Evidence to Submit Physical injuries, such as broken bones, burns, traumatic brain injury Medical bills,…
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Is Your Personal Injury Settlement Taxable?

Is Your Personal Injury Settlement Taxable?

personal injury
The attorney way to answer this question is, I’m not a tax lawyer, but I could refer you to someone.  This may not be necessary considering the majority of personal injury settlements are not taxable.  That being said, as a general, abstract principle, it is incorrect to say that personal injury settlements are never taxed.  (Good time to note: this post should not be relied upon as tax advice.)  Personal Injury carries very few definitive answers to every legal question.   Are There Laws or IRS Codes? Per the IRS “all income is taxable from whatever source derived unless exempted by another section of the Code” IRC Sec. 61 26 C.F.R 1. It states, in pertinent part: §1.104-1 Compensation for injuries or sickness. (c) Damages received on account of personal…
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Post Claims Underwriting: What To Do If You Have Been Accused Of A Material Misrepresentation

Post Claims Underwriting: What To Do If You Have Been Accused Of A Material Misrepresentation

personal injury
Imagine being involved in a motor vehicle accident, or any accident where insurance coverage is expected, and then being told that your claim is being denied due to a misrepresentation made in the application for insurance.  Talk about adding insult to injury or making a bad situation worse.  The insurance company that you chose to cover you, which has a legal obligation to act in good faith related to your claim, is abandoning you when you need them most.  Unfortunately, this is happening all through out the state of Florida, especially in the field of auto accident coverage and homeowners’ insurance coverage.  If this is happening to you, please call my office at 407-452-4918.  If you have been accused of a material misrepresentation, it means that you have made a…
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The Power of Preservation

The Power of Preservation

personal injury
This year we have settled two Personal Injury Cases that highlight the need for preservation letters.  How to Properly Preserve: Make sure your Preservation Letter is addressed to ALL potential parties;The preservation should be sent out immediately after the incident;The preservation letter should be sent out in a manner which allows for proof of receipt;The preservation letter should demand a response in writing;You should follow up on the preservation until you receive a written response.  Case 1: Settled for 35-40K.  Client was an elderly individual who recently returned home from a rehabilitation center for preexisting shoulder and back injuries.  Client employed a home health care agency to assist her with bathing, dressing and assistance with daily living.  During one of the visits the agency sent a nurse to the client’s…
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