The Founders LawThe Founders Law2024-02-18T16:55:12Zhttps://www.thefounderslaw.com/feed/atom/WordPress/wp-content/uploads/sites/1404128/2023/09/cropped-favicon-new-32x32.pngOn Behalf of The Founders Law, P.A.https://www.thefounderslaw.com/?p=519252024-02-18T16:55:12Z2024-02-18T16:55:12ZUnsafe entranceways
Every visitor to a facility may bring a little bit of the outdoor environment with them. People track in rainwater and dirt. They often try to brush or dry themselves off right by the front door. Therefore, absorbent rugs are crucial to help keep those spaces safe. However, many businesses do not train workers to properly anchor rugs or to inspect and clean them frequently enough to keep them safe. Unmaintained entranceways are a leading cause of slip-and-fall incidents.
Spilled merchandise
Maybe the local grocery store has a little coffee stand where people can pour themselves a cup to enjoy while they shop. Even a little bit of coffee spilled on the floor could lead to someone else falling. Dry goods like rice, damaged produce and possibly even smashed jars of salsa could create dangerous floor conditions that lead to someone losing traction. Spilled merchandise and broken items can easily lead to someone slipping and falling while at a grocery store or supermarket.
Poor facility or equipment maintenance
Maybe there has been a leak in the roof, but the cost to repair it has led to a delay in scheduling with the roofers. Perhaps there are issues with the refrigeration equipment that lead to them leaking. Any delayed maintenance or repairs could potentially cause water incursion and other risk factors, like items falling off of shelves and creating obstacles for customers. If the person who falls can reasonably claim that the company was negligent, then they may have ground spray premises liability lawsuits. Negligence involves failing to do what other reasonable people recognize is necessary for safety or doing something that is clearly unsafe.
Reviewing the factors that led to someone's slip-and-fall with an attorney may help them determine whether the grocery store or supermarket responsible for their harm might be liable for their losses.]]>On Behalf of The Founders Law, P.A.https://www.thefounderslaw.com/?p=517402023-12-20T03:06:38Z2023-12-20T03:06:38Zthis is not true. Even if someone is an undocumented immigrant, there are situations in which they could filed a lawsuit in the United States – such as if they’ve been injured by another’s conduct or if they think they’re being mistreated in some way. These lawsuits could also originate with permanent residents or others who may be legally living in the United States, but who also may not be actual citizens of the country.
A law professor from the University of Pennsylvania weighed in on this misconception back when it was making the rounds on social media. She noted that any immigrant within the U.S. should be granted equal access to the courts. There is no state law or federal law that would exclude these individuals. No Supreme Court decisions have changed this fundamental right, despite the misinformation sometimes found online.
Could someone’s status impact the complexity of their case?
Of course, immigration status could make things a bit more complex. Someone may be concerned about starting a personal injury case, for example, because they don’t want to bring attention to the fact that they are undocumented. They may be worried that they would get deported, even if they know that they do technically have the right to sue. This is where seeking legal guidance can help injury victims to better understand their rights and options under the law so that they can make informed decisions accordingly.
Have you been injured?
Perhaps you have recently been injured in a car accident or some other traumatic event caused by another party. If you are worried that you can’t start a personal injury lawsuit and you are going to be looking at a lot of financial debt in the months and years to come as a result, it’s important to know that you do have rights and options. Be sure you understand what legal steps you can take under U.S. law, regardless of your status. Seeking legal guidance is a good way to get started.]]>On Behalf of The Founders Law, P.A.https://www.thefounderslaw.com/?p=517412023-12-11T14:34:36Z2023-12-11T14:34:36ZCheck on vehicle occupants
People generally have an obligation to check on the people in the other vehicle as well as their own passengers for signs of injury.
Document the scene of the crash
The placement of the vehicles and the location of debris can be important details. People need to take a few minutes to capture pictures or video footage of the vehicles, including wide-angle images or video that show the scene and the location of the vehicles clearly.
Move the vehicles
Disabled vehicles can impede the flow of traffic and might cause secondary collisions. People generally need to move their vehicles for their own safety and the convenience of others after a wreck.
Exchange information
Taking pictures of someone's driver's license, vehicle registration and insurance cards can help identify the other driver and speed up the insurance claim process.
Notify local authorities
There needs to be an official record of the collision for someone to seek insurance coverage or file a lawsuit. A police report can also help establish that one of the drivers is likely to blame for the wreck.
Make notes of crucial details
Either by recording a video of personal testimony or writing down a few notes, someone involved in a crash will want to preserve as much information as they can recall about the moments leading up to the crash before their memory fades.
Talk clearly with police officers
Many people are reticent to lay the blame on the other driver after a serious car crash. The more detail someone can provide an officer, the better their chances of reaching an appropriate conclusion to the investigation.
Seek medical evaluation
The average person could overlook very serious injuries, including stable spinal cord injuries or traumatic brain injuries. Those issues may get worse with time. A delayed diagnosis can make it harder for someone to obtain appropriate compensation.
Consult with an attorney
People may need to file a large insurance claim or prepare for a personal injury lawsuit after a crash. Trying to handle those challenges while simultaneously coping with a serious injury might be too demanding for an individual to manage.
Notify insurance providers
Both insurance companies need to know about the crash and about the likelihood of a major claim. People should take care to avoid admitting fault when talking with insurance professionals.
Keep thorough records
Documentation of everything from repair costs to lost shifts at work can help people prove the need for compensation after a wreck.
Taking the right steps after a car crash can improve someone's chances of obtaining a favorable outcome after that wreck.]]>On Behalf of The Founders Law, P.A.https://www.thefounderslaw.com/?p=517422023-10-25T17:26:09Z2023-10-25T17:26:09ZCompensation for lost future income
In a situation like this, family members need to know that they may have the opportunity to seek compensation. If someone else was negligent and caused the fatal accident in question, then they may be responsible for the loss of that future income. Lost future income can be calculated when seeking compensation for medical bills and other costs stemming from the crash.
How do you calculate future income?
It can be complicated to calculate how much someone would have earned in the future. Their age plays a major role in this calculus. A simple way to run this calculation would be to look at how much the person earned annually and compare that to how long they expected to work. A 45-year-old who made $50,000 a year and planned to retire when they were 65 would have earned about $1 million over the next 20 years.
But these simple calculations are unlikely to reflect an individual’s true income potential. Perhaps a fatal injury victim was earning $50,000 a year currently, but they were in line for a promotion that would’ve doubled their salary. Or maybe they got paid on commission, so it’s difficult to tell if they would’ve earned more or less from year to year. Perhaps they were considering a career change, which could have increased their annual income.
It’s difficult to predict the future, but it’s clear that surviving family members may have lost a significant amount of money due to a fatal accident. It’s important for those who may be owed compensation for the loss of a loved one understand all of their legal rights and options accordingly.]]>On Behalf of The Founders Law, P.A.https://www.thefounderslaw.com/?p=491452023-08-18T02:17:45Z2023-08-18T02:17:45ZCar insurance can cover injury expenses
The requirements for car insurance are a source of confusion for some people who believe they have a right to file a claim related to an injury. Florida car insurance policies include no-fault personal injury protection (PIP) and also injury-related liability coverage.
If someone has their own insurance policy, their PIP coverage can help pay for some of their medical expenses. If they do not, they may then depend on the liability coverage of the driver who caused the crash. When that coverage isn't enough to pay for someone's medical bills and lost wages, they can potentially take the matter to civil court.
Personal injury lawsuits are an option even when the party filing the claim has neither health insurance nor car insurance of their own. Drivers and passengers alike have a right to hold a driver accountable for dangerous conduct in traffic. Someone's immigration status will also have no bearing on their right to hold someone responsible for being negligent or unsafe on the road.
Those who understand their rights under Florida law will be in a better position to make use of those legal protections if they get hurt in a car crash. Discussing the situation that led to someone's injury with an attorney can help them to better establish their options after a motor vehicle collision.]]>On Behalf of The Founders Law, P.A.https://www.thefounderslaw.com/?p=491052023-06-20T10:32:15Z2023-06-20T10:32:15ZStatistics seem to show an uptick in traffic deaths
The idea of fewer distracted, lost and drunk drivers on the road does seem to indicate that crash rates would drop, but it seems that the opposite is what actually happened. Despite the claims made by rideshare companies, researchers at the University of Chicago looking over crash data found the exact opposite results.
Specifically, the conclusion of the analysis of collision data was that rideshare services have actually contributed to a 3% increase in traffic fatalities. There are a couple of reasons that more rideshare vehicles actually led to more fatal crashes including an uptick in aggressive driving habits. Rideshare drivers often have other jobs, which may mean they drive while exhausted, which is dangerous.
Although each individual who chooses to hire a rideshare vehicle instead of driving drunk reduces the chances of a major crash, the large number of rideshare vehicles on the road and the way their drivers behave in traffic has led to a net reduction in traffic safety across the United States, including in metropolitan areas across Florida.]]>On Behalf of The Founders Law, P.A.https://www.thefounderslaw.com/?p=491032023-04-17T13:03:00Z2023-04-17T13:03:00ZThese 5 tips can help
With a focus on safety, here are some tips that may help you avoid injury and enjoy your vacation more fully on a cruise ship:
Be careful of how much alcohol you consume. Drinks may be free, but drinking too much increases the odds of a slip-and-fall accident.
Use hand railings and respect fences or other barriers. Many fatal accidents happen when people simply fall overboard.
Be careful on wet surfaces. Slip-and-fall accidents often happen around the pool, but any part of the deck can get wet on a cruise ship.
Learn the exit routes. Find out about the protocols for an evacuation. Don’t ignore instructions from the crew on the ship.
Pay attention to the weather. Cruise ships are not as dangerous as smaller craft when the seas get rough, but a storm can make the ship tip from side to side. High winds and rain can also make the deck very dangerous. Don’t underestimate these risks.
Remember that most incidents where people get hurt on cruise ships occur because they slip or trip and fall. These accidents often involve circumstances as varied as falling down the stairs to slipping on a pool deck and hitting one’s head to falling overboard. Simply being careful and cautious when in unfamiliar territory can be beneficial as a result.
That being said, accidents also happen due to negligence on the part of the cruise line or other things outside of a vacationer’s control. If something like this does occur, be sure you know about all of your legal options to seek compensation for your harm.]]>On Behalf of The Founders Law, P.A.https://www.thefounderslaw.com/?p=491012023-02-21T18:38:23Z2023-02-21T18:38:23Z1. Rain storms and dirty shoes
Most businesses put rugs by the front entrance in case people track moisture in from outside or have particularly sandy or dirty shoes. Both moisture and sand or mud tracked in from outside can pose a slipping hazard right by the front doors of the business. Giving patrons an opportunity to clean and dry off by providing absorbent rugs can be a smart move on the part of a retail establishment.
2. Improperly anchored or saturated rugs
While rugs are important for the prevention of slip-and-falls near entranceways, they can create their own tripping or slipping hazards. Some businesses fail to properly secure or anchor their rugs, meaning that they may slide when people step on them or get wrinkled up. In both cases, people could end up hurt. Highly saturated rugs soaked in water or covered in filth could also dirty people's shoes and lead to them slipping and falling.
3. Ignored leaks
Maybe there is a refrigeration unit near the checkouts that drips whenever someone opens the door to select a beverage. Perhaps there is a leak from the ceiling that sometimes causes a small puddle in the deli. When businesses ignore areas where moisture may accumulate inside their store, they run the risk of someone slipping and falling because of those little puddles.
4. Dropped or spilled product
Maybe someone lost their grip on a jar of salsa, so it shattered and left a puddle of juice and diced tomatoes all over the floor. Perhaps when someone spilled cereal or pasta. Both wet and dry food items can make the floor dangerous and cause people to slip.
Most of these issues would be easy for a business to prevent with proper staffing practices, but understaffing is a rampant issue in the retail industry these days. Those injured while visiting a business may have grounds for a premises liability insurance claim or possibly even a civil lawsuit. Recognizing that a business could have prevented a slip-and-fall injury might motivate someone hurt while shopping to demand financial justice.]]>On Behalf of The Founders Law, P.A.https://www.thefounderslaw.com/?p=490822022-12-21T20:26:59Z2022-12-21T20:26:59ZFederal law protects the rights of visitors
There is a federal statute known as the Alien Tort Act that protects the rights of anyone in the United States to potentially file a lawsuit in accordance with federal and state laws. This law applies to immigrant workers, tourists from other countries and even undocumented immigrants.
Those visiting from other countries can file personal injury lawsuits related to medical malpractice, car crashes, defective products and unsafe work environments based on the laws of the state where they get hurt. To successfully pursue a claim, a foreign national would typically need proof of economic losses and of misconduct or negligence on the part of an individual or business.
Domestic representation can help
Especially if you were only in the United States for a vacation, pursuing a lawsuit might seem unrealistic. However, you can cooperate with the Florida state attorney if your injury occurred in Florida to minimize the demands on you.
They can be present in your stead in court. Only in cases where testimony would be necessary would your presence be necessary, and even then, there may be teleconference options so long as your lawyer is physically present in court.
Rather than just assuming you have no rights if you get hurt while visiting the United States, it's better to look into the situation and explore your options. Filing a personal injury claim can help you limit the lasting consequences you suffer after traveling to the United States and getting hurt.]]>On Behalf of The Founders Law, P.A.https://www.thefounderslaw.com/?p=490802022-10-14T20:19:20Z2022-10-14T20:19:20ZFlorida permits wrongful death lawsuits
In theory, you can make a claim against the insurance carried by the driver who caused the crash. In practice, many drivers carry the least amount of coverage they legally can, and some people have no insurance at all.
You frankly cannot expect liability insurance to fully cover a lifetime of lost wages. Instead, your family may need to pursue a wrongful death lawsuit. Florida state law allows you to request compensation for all of the economic losses the collision causes. You can ask for hospital bills, funeral expenses and years of wages, as well as benefits, lost inheritance and even lost services around your family home.
When is a wrongful death lawsuit possible?
To pursue a wrongful death claim, your family typically needs evidence showing that a business or individual caused the fatal crash through negligence or misconduct. You also need to have verifiable losses because of your loved one's death, which could include their wages and their work around your home. A successful wrongful death claim will result in financial compensation and the courts declaring the other party responsible for your loved one's death.
Learning more about wrongful death claims in Florida will help those coming to terms with a recent family tragedy.]]>