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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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The Main Cause of Car Accidents

The Main Cause of Car Accidents

Car Accident
Car accidents happen in many ways, and we often see headlines about drunk drivers or drag racers causing deadly crashes. However, the primary cause of car accidents in the United States in modern times is distracted driving. While not as dramatic as road rage or intoxicated driving, distracted driving is a pervasive problem on our roads. Distracted driving these days often involves our devices. Smartphones, smartwatches, iPads, and more can distract a driver and cause them to crash. Whether it is a quick check of a text or a glance at a GPS map, it is enough to cause a devastating car accident. Many people believe that hands-free systems in their vehicles are significantly safer than handheld devices. While they might be somewhat safer, there are still plenty of risks…
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Theme Park Injury Risks

Theme Park Injury Risks

personal injury
Millions of people visit Walt Disney World each year, as well as Universal Studios, The Wizarding World of Harry Potter, and more. While families visit these attractions for enjoyment, many trips are disrupted by accidents and unexpected injuries. If you suffered injuries at a theme park, you might have the right to take legal action, and you should discuss your options with an injury attorney in Florida right away. Common Injuries There are many different ways people can suffer injuries at theme parks, including: Ride malfunctionsSlip and fallsWater park accidentsSwimming pool accidents at resort hotelsAssaults due to inadequate securityAccidents due to operator negligenceNegligent hiring or training of park employees If your injuries happened because a park was negligent in any manner, you might be able to hold the park liable…
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Slip and Falls in Grocery Stores

Slip and Falls in Grocery Stores

personal injury
Most of us go to the grocery store without a second thought about our safety. Unfortunately, the reality is that grocery stores can be full of potential injury hazards down every aisle. With thousands of products moving in and out of the store daily and plenty of liquid items to spill, slip and fall accidents are of particular concern. Thankfully, when victims slip, trip, or fall due to the negligence of grocery store staff, they can typically recover compensation under Florida law. At Quattrochi & Torres, we are committed to protecting the rights of the injured. To schedule a free case evaluation, call our office today. When Do Slip & Fall Accidents Result in Legal Claims? Not every slip, trip, or fall gives victims the right to file a claim.…
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Were You in a Delivery Truck Accident?

Were You in a Delivery Truck Accident?

Car Accident
If you have been hurt in a delivery truck accident, the same negligence rules apply to your case as would in any other personal injury case. Your lawyer would need to prove that the driver acted unreasonably under the circumstances. This could include: Making an illegal turn to pull into a driveway or street to make a deliveryDistracted driving because the delivery person was looking at a device to see where they were goingSpeeding because the driver was trying to make all of their deliveries on schedule Suing the Company for a Delivery Truck Accident The delivery truck driver usually works for a company (unless they have been classified as an independent contractor). The company that employs them is responsible for all of their actions that happen during the scope…
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Holding Drunk Drivers Liable for Your Injuries

Holding Drunk Drivers Liable for Your Injuries

Car Accident
With the winter holidays underway, many people will raise a glass of wine or champagne at gatherings with co-workers, friends, or family. Unfortunately, some of those people will choose to drive home, causing accidents and disrupting the lives of others who sustain serious injuries. If a drunk driving accident caused you injuries, that driver should be held fully accountable for their actions. Speak with an Oviedo and Casselberry car accident attorney right away. Criminal DUI Cases vs. Injury Claims After a drunk driver hits you, the police should arrive at the scene and identify that the driver is impaired. This will usually result in an arrest and criminal charges for driving under the influence (DUI) against the driver. You might think that this criminal case would also address your injuries…
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Common Injuries on Halloween

Common Injuries on Halloween

personal injury
As Halloween quickly approaches, you should stay aware of what common accidents and injuries happen on this holiday. While October 31st is often a cause for celebration for people of all ages, Halloween can quickly be ruined when a serious injury occurs to you or your child. If you suffer injuries in a Halloween accident and believe someone else was at fault, contact a Casselberry and Oviedo personal injury lawyer for help right away. Pedestrian Accidents When there are a great many children wandering about the streets in costumes after dark, the potential for pedestrian accidents increase. More children in the streets require that drivers be more attentive and careful, but this is not always the case, and trick-or-treaters may be hit by cars. Halloween often logs more pedestrian accidents…
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