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0 How Do I Pay For Legal Services? | Florida Contingency Fee Lawyer
Florida Contingency Fee Lawyer How Do I Pay For Legal Services? The months and years following an injury tend to be financially straining for injury victims. Not only do the injured victims often lose a substantial amount of income due to their inability to perform their work, but they also find themselves with surmounting medical bills and living expenses. Robert Gluck offers a free case evaluation, relieving some of the financial stress during the injured victims’ recovery process. It is also typical for Robert Gluck to work on contingency fee arrangements, which place no financial burden on his clients. Robert gets paid if the case is settled and an agreement is made, or the Florida personal injury case ends up in court and is won. What Is A Contingency Fee? Not everyone has the funds to pay a lawyer to start a case on their behalf. Even less so if your financial situation has been bogged down by medical bills or lost wages caused by your injuries. The Law Offices of Robert Gluck, like most Florida personal injury firms, operate on what is known as a contingency fee. This means that what our law firm makes is contingent on the amount of damages we are able to recover for you. There will never be any upfront costs, and no hourly fees to worry about when you hire Robert Gluck. Contingency Fee Agreement Once a representation agreement is signed, lawyers will then request their clients to sign a contingency fee agreement. It is important to read through the agreement in detail. The lawyer should always explain the agreement to you clearly so that you have a good understanding of what terms you are agreeing to. While 33.3% is a typical fee for lawyers who settle your claim, or higher if the Florida personal injury case goes to court, the fee for attorney services can vary depending on different factors of the case. Usually, a fee of 50% of money recovered and higher is not typical and should be questioned. Make sure to not allow your lawyer to take advantage of you. No Fees Unless You Win Essentially, if our team does not collect money for you, we don’t get paid. This will further motivate us to win the case for you. Florida Bar Rules of Professional Conduct The Rules of Professional Conduct outline the percentage of contingency fees and costs that attorneys can charge. According to the Rules, lawyer’s fees may vary depending on the case. Florida personal injury lawyers are bound by these rules. Attorney’s may charge less than the fees set forth by the Florida Bar’s Rule of Professional Conduct, but they are prohibited from charging more. Additional Costs Often there are additional costs to a case that may be unknown at the beginning of the claim. These costs are separate from an attorney’s fees and are the responsibility of the injury victim. These can include medical records, expert testimonies, witness depositions, filing fees, any visuals for the case, and a number of other costs. There are several ways to handle these additional costs and can be discussed with your lawyer. Some additional costs are paid upfront by the lawyer in order to develop a strong case for you and are simply reimbursed once the case is settled or won in court. Be sure these terms are written out specifically in the contingency agreement, so there is no misunderstanding about additional case costs. Free Consultation Robert E. Gluck makes every effort to provide relevant general legal information in response to inquiries. The South Florida Law Offices of Robert E. Gluck requires a written representation agreement before an attorney-client relationship is created and before the firm represents you. Please take a moment to complete a quick form by clicking HERE and we will contact you in a timely manner. We look forward to our professional relationship and helping you get the justice you deserve. Florida Personal Injury Lawyer Our legal team is dedicated to each and every case while showing a high level of concern and empathy for each client's situation. Once you have hired personal injury lawyer Robert Gluck to represent you, he, along with his dedicated legal team, will work diligently and tirelessly to maximize the compensation you receive. Call our offices today at (877) Gluck-Law, and speak directly to Robert. No Fees Or Costs Unless We Collect Money For You! You May Also Be Interested In: PREMISES LIABILITY STATUTE OF LIMITATIONS IN FLORIDA MOTORCYCLE HELMET LAWS IN FLORIDA HOW ARE FLORIDA SLIP AND FALL SETTLEMENTS CALCULATED?
0 4 Steps To Take After A Personal Injury Accident | South Florida Injury Lawyer
South Florida Injury Lawyer Personal injury refers to any injury that someone sustains due to the negligence of someone else. The term ‘personal injury’ refers to a wide range of injuries, such as a car accident injury, an injury sustained from a defective product, a slip and fall accident where someone is injured, and more. In the aftermath of an accident, it may seem like your life will never be the same, especially when the accident has caused you or a loved one severe and traumatic injury. There are many emotions that often result from an injury, such as anger, fear, and helplessness. As the medical bills stack up, and lost wages surmount, it may seem as if getting your life back to normal is an impossible feat. However, there are certain actions you can take after an accident that can significantly help your future personal injury case. We have compiled a list of steps to take after a personal injury accident. Seek Medical Attention In the event you have sustained injuries caused by an accident, the most important thing you can do is seek medical attention. If the injuries are life-threatening or you are in an emergency situation, you should immediately call 9-1-1 and have an ambulance sent to your location. Receiving prompt medical attention could greatly increase your chances of making a full recovery. Not only that, being seen by a doctor or medical professional will provide documentation of your injuries that can help your case in the future. Contact a Personal Injury Attorney After medical care, this is the most important step to take. It is imperative you do not attempt to give a statement to your insurance company before obtaining legal representation. You should however quickly notify your insurance provider about an accident. Failure to notify your insurance company right away about an accident you are involved in could potentially lead to a rejection of your claim. While you may be required to notify your insurance company of an accident, you are under no obligation to give a formal statement to the other party’s insurance companies. The moment the insurance company senses you will be seeking compensation for your injury, they will begin collecting information that will help them limit the settlement amount they offer you. What may seem like an innocent and harmless statement can end up being used against you. Understanding the steps to take and your rights after an accident can feel overwhelming and challenging. That is where an experienced South Florida injury lawyer comes into play. The right lawyer will advocate for you and walk you through this stressful process and help you obtain the compensation you deserve. Document the Scene and Collect Evidence If it is physically possible, it is a good idea to collect evidence of the scene where you were injured directly following an accident. In the moments following an accident, do your best to take photos of the scene and the surroundings. If there is something unusual or irregular at the scene, make sure to document it. Write down the time and location of the accident, as well as details such as the weather, lighting, road conditions, etc. It is also a good idea to collect the information of the other parties involved in the accident, and if possible get their insurance information. Take notes on exactly what happened leading up to the accident, the accident, and the aftermath of the accident. Speak to any witnesses and get their names and contact info. You may think you will remember these details, however, it is best to document the details of your accident when your memory is still fresh. Request Police Report A police report is full of vital information about your accident. Some of this information is the time, date, and location of the accident. Other important information within the police report is the contact and insurance information of all the parties involved in the accident. If for any reason you were unable to acquire this information following the accident, the police report will be of great help when you and your lawyer are piecing together your case. If you or someone you love was involved in an accident that caused bodily injury, it is important to contact a legal professional to better understand your options. Robert Gluck has over 32 years of experience helping injury victims receive the compensation they deserve to get their life back on track. If you want to discuss your case with Robert, call his office and schedule a free case evaluation at (877) Gluck-Law. Robert has offices in the Fort Lauderdale and Naples, Florida areas, and serves clients all over the state of Florida. You May Also Be Interested In: 5 Slip and Fall Prevention Tips 5 Steps to Take After A Car Accident What Are Common Injuries From A Slip and Fall Accident
0 Why Choose The South Florida Law Offices of Robert Gluck? | Ft Lauderdale Personal Injury Lawyer
Why Choose The South Florida Law Offices of Robert Gluck? Ft Lauderdale Personal Injury Lawyer Although we hope you never find yourself in the circumstance where you need to find a personal injury lawyer, sometimes unfortunate and unforeseen events happen in our lives that cause us to seek out the help of a lawyer. While you cannot prepare before an accident occurs, you can make important decisions in the aftermath that will have a significant impact on the final outcome of your personal injury case. One of these decisions is which personal injury lawyer you will hire to help you with your case. There are many injury lawyers in South Florida, and trying to decide which one you will hire can be overwhelming, especially in the aftermath of an accident. Below you can find a few of the reasons why clients from all over the state of Florida have chosen to work with Robert Gluck and his expert team. Experience: Robert Gluck has been providing dedicated legal representation to clients for over 32 years. His extensive legal experience provides his clients with the effective legal services they deserve. After Robert graduated from the University of Miami Law School (cum laude) in 1989, he went on to become an Assistant State Attorney, working for Janet Reno in the Miami-Dade County State Attorney's Office. In 1998, he went into private practice and opened The Law Office of Robert Gluck in the Fort Lauderdale / Plantation, Florida area. A few years later he opened his second office in Naples, to better serve his growing list of West Coast clients. Aggressive: Whether a case ends in settlement or trial, The Law Offices of Robert Gluck will make sure their clients get compensated exactly what they deserve. Robert will fight to make the at-fault parties responsible for the harm they caused. With his decades of experience, Robert Gluck has become an expert negotiator who will advocate for his client's needs in difficult mediation situations. If Robert finds the settlement offer does not align with the scope of the injuries and damages, he will not hesitate to go to trial. Determined: Robert Gluck will personally go to the scene of an accident and analyze every detail and fact of what happened, and how. Robert and his team take their time to build a strong case through interviewing witnesses, gathering evidence, and bringing in experts when needed. Accessible: It’s great to find an experienced Fort Lauderdale personal injury lawyer to have on your side, however, it’s not so great if you have a hard time contacting your lawyer. Personal attention directly from South Florida personal injury lawyer Robert Gluck is a top priority for the firm. Each of their clients is treated as if they are the only client. Robert and his wonderful legal team are available around the clock to answer calls and emails. Robert gives all of his clients his personal cell phone number for any questions or issues that arise during the course of their case. Not only do Robert and his team strive to help their clients get the justice they deserve, but they also hope to lift the burden that legal matters may cause by being fully accessible to their clients at all hours of the day. While you are under no obligation to work with a personal injury lawyer, doing so will lessen the stress of negotiating with your insurance provider, and will likely substantially improve the amount of compensation you recover. If you have a case you’d like to discuss with Robert Gluck, don’t hesitate to call him for a free case review at (877) Gluck-Law. You Might Also Be Interested In: 3 Secrets Insurance Companies Don’t Want You To Know How to Prove the Seriousness of an Injury in a Personal Injury Case Why You Should Only Let Your Lawyer Speak to the Insurance Adjuster
0 Should I Settle My Personal Injury Case? | Personal Injury Lawsuit Settlement
Personal Injury Lawsuit Settlement Should I Settle My Personal Injury Case or Go To Trial? Whether you have suffered injuries during a car accident, a slip and fall accident, a cycling accident, or any other type of accident that has caused you to sustain injuries, you will be required to make certain decisions about your claim against the negligent parties responsible for your injuries. When you decide to go to litigation following an injury, it’s important you speak with your lawyer about the pros and cons of settling your personal injury case outside of court, or going to trial. The truth is, only a small percentage of personal injury cases ever make it to trial. The vast majority of claims settle outside of court. Below we discuss some important factors to consider when deciding whether to go to trial or to settle your claim. While each case is unique, for the most part, settling your claim without going to trial has some really strong advantages. Your lawyer can help you decide which route will be more favorable, depending on your unique circumstance. Timeframe Oftentimes, a personal injury lawsuit settlement is faster, meaning you will receive your benefits quicker than going to trial. Majority of cases settle outside of court. For most cases, a judge will request the two parties at least try to come to an agreement, through a process known as mediation, before the case reaches trial. Not only do settlements put money in your pocket faster to help you pay things such as medical bills and lost wages, they also require less effort and resources. Because courts are often backed-up with cases, getting to trial could take months or even years. Settling a case happens quickly, sometimes just weeks after your accident occurred. Costs There will be substantially less legal fees when settling your personal injury case. When a case goes to court, a lawyer is required to spend far more time and resources on your case than if it is settled, which means higher costs. Privacy What happens in court stays in court. Well, not exactly… What happens in court is on public record, and the transcripts of the court proceedings can be accessed by the general public. Settlement negotiations are done in private, and are not part of any public record. So, if you have sustained an injury that you may not want the general public to know about, or perhaps may tarnish your professional reputation, settlement could be the way to go. Assurance Another pro of personal injury lawsuit settlement is that you know you will walk away with some sort of compensation. A major risk of going to trial is that you may end up walking away with nothing, should the jury not side with you. One of the biggest benefits of settlement is the total control over the amount of compensation you receive. When your case goes to jury trial, you take a gamble. The end result of your case lies solely on the decision of the jury and court. While there is a good chance you end up receiving more money than you would if you had settled out of court, you also risk receiving nothing. Less Stress Even with a seasoned lawyer on your side, going to court can be a stressful experience. Testifying in front of a jury and judge can cause unwanted anxiety. Going to mediation is a much less stressful situation, as it is less formal, and typically there are far fewer people who will need to hear your side of the case. With just you, your lawyer, the defendant, the defendant’s lawyer and the mediator, there are less people in the room to cause intimidation. Conclusion It’s important to find an experienced personal injury lawyer who will advocate for you and help guide you through this sometimes stressful process. While your lawyer will help you in making important decisions regarding your case, it is ultimately up to you whether you settle your injury case or go to trial. A good Florida personal injury lawyer will negotiate with the insurance companies, and work tirelessly to obtain the best possible settlement for you. To learn more on the subject, watch our YouTube video by clicking HERE If you have any questions about this topic or other topics relating to Florida personal injury, don’t hesitate to call Robert Gluck at (877) Gluck-Law. You May Also Be Interested In: SOCIAL MEDIA AND PERSONAL INJURY | CAN A SOCIAL MEDIA POST AFFECT YOUR PERSONAL INJURY CASE? TWO TYPES OF BRAIN INJURY AFTER A CAR ACCIDENT | BRAIN INJURY LAWYER PLANTATION FLORIDA WHAT ARE THE TOP DANGERS OF MOTORCYCLES ON THE ROAD IN FLORIDA? | DAVIE FLORIDA MOTORCYCLE ACCIDENT
0 Premises Liability Statute of Limitations in Florida | South Florida Premises Liability Lawyer
Premises Liability Statute of Limitations in Florida If you were injured on someone else’s property in Florida, and wish to file a lawsuit against the property owner as a result, you must do so within four years of the occurrence or your claim will forever be barred by Florida’s Statue of Limitations. Florida, like many other states, imposes a time limit by statute (statute of limitations) for various types of cases. All 50 states have different statutes of limitation for different types of claims. For example, in Florida, while a premises liability lawsuit must be brought within four years of the occurrence, a medical malpractice claim must be brought within two years. A claim for breach of a written contract must be brought within five years of the date the agreement was signed by the parties. Although each of these different types of cases have slightly different statute of limitations periods, they are all designed to accomplish the same goal. That goal would be for defendants accused of a wrongdoing to not have such an accusation handing over their heads for an unlimited period of time. It was felt only fair that there must be some closure for one that is accused of wrongdoing after a certain number of years, without activity on the claim. For an injury on someone else’s property, the legislature in Florida felt that four years was more than enough time to recover from injuries and present a claim. By four years, an injured party would have either settled the claim with the property owner’s insurance company or would know by then that a lawsuit would be necessary to ask a jury to determine a fair outcome for the case. Additional reasons for not wanting a case to drag on so long is that witnesses may disappear and memories of what happened might fade. It wouldn’t be fair to make a defendant wait that long and to then have to worry about what evidence may remain, so many years later, to defend the accusations made against him or her. If you are hurt on someone else’s property, after four years, it is presumed you no longer wish to pursue a claim. At that point, the property owner can be assured that a lawsuit can no longer just “pop up” out of nowhere. If you have been injured on someone else’s property or have any other type of personal injury claim in Florida, don’t wait too long to hire a lawyer to assist you in seeking the justice you deserve. Waiting too long can be the end of your case. Call me if you have a claim that has been lingering for many years and may be getting close to approaching an expiration of a particular statute of limitations. We can file a lawsuit for you before time runs out, if necessary. Call us any time for a free case review at 877 GLUCK-LAW.
0 Warning to Florida’s Distracted Drivers | How Distracted Driving Could Cost You Thousands
Warning to Florida’s Distracted Drivers: Distracted Driving in Florida Could Cost You Thousands Not Covered by Insurance What is a Distracted Driver? A distracted driver is a driver performing an activity of any kind that diverts attention away from the tasks necessary to drive safely, such as paying attention to the roadway, to other vehicles and to your vehicle. Thousands of crashes per year occur in Florida due to drivers being distracted by various things including: talking on the phone using a GPS texting using a phone for other apps eating while driving passenger distractions of various kinds loud music Using a Cell Phone While Driving Did you know that police officers can now stop someone they observe texting and issue a traffic citation for that? Section 316.305 Florida Statute, also known as Wireless Communications While Driving Law, states that a person may not operate a motor vehicle while manually typing or entering multiple letters, numbers or symbols into a wireless communications device to text, email and instant message. Furthermore, Section 316.306 Florida Statute prohibits the use of a wireless communications device in a handheld manner in school and work zones. Wireless communications device refers to a cell phone, a tablet, a laptop, a two-way messaging device, or an electronic game that is used or capable of being used in a handheld manner. According to Florida Highway Safety and Motor Vehicles, there were a reported 48,537 crashes caused by distracted driving in 2020, with 2,756 causing serious bodily injury, and 308 deaths. Risks of Distracted Driving What you may not know is that even if not observed texting in your vehicle by a police officer or other witnesses, you can still have major problems in the event of a crash while doing so. In fact, if you were talking on your phone, texting, making entries on your GPS app. or actively using other apps at the time of a crash, you could be facing money damages that will come out of your pocket that will not be covered by your insurance company. Typically, a lawyer for the injured party will attempt to obtain your cell phone records by issuing a subpoena to your cell phone company that will show your phone usage at the exact time of the crash. If they can show you were actively using the phone and as a result, due to inattentiveness to your driving, caused a car crash resulting in injuries to another party, you can be facing a claim for punitive damages. What are Punitive Damages? Punitive damages are money damages that a jury can award the injured party against you to punish you for driving while distracted by any electronic device, especially if it can be shown that you were texting at the time of the crash. Punitive damages, in almost all cases, ARE NOT COVERED by auto insurance so you could become personally responsible for many thousands of dollars in punitive damages out of your own personal savings, even if you have a one-million-dollar insurance policy. This risk of a claim against you for money damages that your auto insurance company would not cover you for could possibly extend to situations where your inattentiveness to the road was due to other reasons besides the use of electronic devices. These situations would include the reasons mentioned above, but for the most part, the real risk is getting caught texting while driving and causing a crash. Cases Involving Distracted Driving In conclusion, it is not just for your safety that you should remain attentive to the roadway while driving, but for your own economic well being also. Safe driving out there and call me if you have any questions about how texting or using electronic devices at the time of a crash might affect your case. Based in Plantation and Naples Florida, the Law Offices of Robert Gluck represents clients throughout South Florida who have suffered injuries in an accident caused by a distracted driver. Call us today for a free consultation at (877) Gluck-Law, or email us anytime.
0 Two Types of Brain Injury After a Car Accident | Brain Injury Lawyer Plantation Florida
If you have been involved in a car crash, the force of the crash can cause a blow to your head or body that can result in your brain pushing up against the interior lining of the skull. This activity sometimes causes bruising, torn tissues, bleeding and other physical damage to the brain. Recognizing a possible brain injury from a car crash is critical not only for your treating medical providers to properly diagnose and treat you, but also for your lawyer to recognize and understand how this type of injury could affect your case. The terms mild, moderate or severe are used to describe the degrees of damage to the brain from a trauma such as a car crash. Many times, this type of injury, especially if mild, will get overlooked as everyone concentrates on treating obvious neck and back injuries. This blog will explore the signs of both mild traumatic brain injury after a car crash as well as moderate to severe traumatic brain injuries. As we discuss these signs, no mater how severe, always see your doctor if you have suffered any type of blow to the head. As it relates to both types of brain injury, loss of consciousness at the scene is the most significant event that should alert everyone that a possible brain injury may have occurred. Mild Brain Injury In regard to those brain injuries that would be medically classified as Mild, some signs would include headaches that may worsen over time, repeated nausea or vomiting, convulsions or seizures, clear fluids draining from the ears or nose, dilation of the pupils of one or both eyes, fatigue, speech problems or dizziness. In addition to physical symptoms there could be sensory problems such as a bad taste in the mouth, change in smell, blurred vision or ringing in the ears. Cognitive and behavioral symptoms such as memory or concentration problems, mood swings, depression, sleep issues or anxiousness can develop in these mild traumatic brain injury cases as well. Moderate to Severe Brain Injury Moderate to severe brain injuries are manifested by many of the same symptoms as above, but just more severe, such as loss of consciousness for an extended period, persistent headaches that worsen, repeated vomiting or nausea, inability to awaken from sleep, loss of coordination and weakness or numbness in fingers and toes. Cognitive symptoms from a moderate to severe traumatic brain injury could include profound confusion, slurred speech, unusual/combative behavior and a general state of being agitated. There are many new innovative treatments available for brain injury victims and being properly diagnosed is the first step. Thereafter, an experienced personal injury lawyer will need to fully understand the extent of the injury along with all possible future medical care that would be necessary. Even with treatment, many of these injuries leave the injured party with some level of permanent injury. It is for those unlucky few that having the right lawyer is the most critical. They will need monetary compensation now for future care, pain and suffering and possible loss of ability to earn income in the future. If you have questions about how to properly investigate, document and present your brain injury claim to an insurance company in the most effective way possible, call Robert Gluck now for a free consultation at 877-Gluck-Law or on his cell phone 24 hours a day at 954-895-7455. You can also call the office for a free in person consultation any time at 954-583-8999.
0 Social Media and Personal Injury | Can A Social Media Post Affect Your Personal Injury Case?
Social media and personal injury claims: here is what to consider. Don’t let a seemingly innocent social media post undercut the value of your personal injury case. In our latest blog, Florida personal injury attorney Robert Gluck examines the important topic of social media, and how it can impact a future or ongoing personal injury case. While it might be second nature these days to share current events in your life on social media, it can severely impact the results of your personal injury case. It is in your best interest to withhold from posting on social media if you have suffered an injury in an accident, or have filed a personal injury claim. The defense can hire a private investigator to not only search your social profiles, but also the profiles of your family, friends and even witnesses. They will challenge the credibility of your claims, and meticulously look for any discrepancies with what you claim in your case and what you share on your social platforms. The defense may request an order from the court to use photos and videos acquired from social media as evidence. This may lead to the judge finding that the conduct of the plaintiff contradicts the allegations of the claim. Case Study In 2014 a personal injury case was filed that made headlines. David Hall and Glenn Taylor of Utah made national news when the duo recorded themselves toppling over an ancient rock formation in Goblin Valley State Park. Not only were they both stripped of scout troop leader status, but they each faced a third-degree felony criminal mischief charge. They fittingly were dubbed the “Gobblin Toppers”. But it doesn’t end there. A month before the two filmed and posted to YouTube a video of them pushing over this famed rock formation, Glenn Taylor had filed a personal injury lawsuit claiming that he suffered ‘debilitating’ physical injuries as the result of a car accident he was involved in years prior. The defense then used this video to argue that Taylor was not “debilitated” because he was able to hike the dirt trails at the park and physically push over the formation, followed by laughing and jumping up and down. The defense lawyer filed a ‘motion to dismiss’, and the case was later dismissed. According to the U.S. Chamber Institute for Legal Reform, it was deemed to be the most ridiculous lawsuit of 2014. Both men pleaded guilty to criminal charges. Tips for Using Social Media Florida injury lawyers should advise their clients to disable their social media accounts for the time being. If you are not comfortable disabling your accounts, there are certain steps you can take to reduce the chance of jeopardizing your personal injury claim. Follow these tips to ensure you don't post anything that may harm your case. Don’t share any photos or information of your accident on social media Refrain from discussing how you feel or what medical treatments you are involved in that could be case related. Only accept friend requests from people you know in real life Avoid ‘checking in’ to locations that can show your activity and involvement in physical activities. Remove yourself from Facebook search results Make sure your privacy settings are as ‘private’ as possible. At the same time understand that in the social world, nothing is ever really private Set your tagged photos to be viewed by “Only Me” Avoid posting while your case is active If you think you might have a case that we can help you win, please call me today for a FREE consultation: 954-583-8999 in Broward, 239-403-3728 in Naples and 877-GluckLaw from anywhere in Florida.
0 Covid-19 Vaccine Passports and Mandates | Are Covid-19 Vaccine Passports Legal?
Are Covid-19 Vaccine Passports Legal? Covid-19 Vaccine Passports, or a digital health pass, are seen as a reasonable method of assuring each other that we will be safe in social settings such as indoor dining, sporting events, theaters, etc. Some states embrace them and others, like Florida, have passed laws to prevent them. Let’s explore the legal issues involved. First of all, the federal government cannot control the individual states in regard to passports, unless it can make a reasonable argument that passports are necessary to prevent the transmission of Covid-19 from one state to another. This is very unlikely. Additionally, this action would have to be taken by Congress in Washington and that is even more unlikely. Individual states can act in this regard. For example, in Florida, not only did Governor Ron DeSantis issue an executive order banning the use of passports but he also signed into law landmark legislation passed by the Florida Senate and House of Representatives banning vaccine passports within the State of Florida in an attempt to stem what the governor described as “Government Overreach”. As it has played out in Florida, the governor’s desire to allow people to maintain their personal choice regarding vaccinations and to prevent any business or government entity from denying someone services based on their decision has created a major conflict with Florida’s largest industry, the cruise ship industry. Shortly after this legislation was signed into law, the cruise ship industry announced that most of their ships will require vaccine passports of some type for all crew and guests on cruises, including those in the several ports within Florida that service the cruise ship industry. It remains to be seen how the State of Florida will handle this situation. If this new law chases away the state’s largest industry, the legislators who voted for it will have some questions to answer when they face their constituents in the polling booth at the next election. Some states have attempted to execute voluntary policies without legislation. Individual companies seem to be allowed to demand proof of Covid-19 vaccinations from their employees or customers. The Equal Employment Opportunity Commission stated that they will not punish any employers for doing so. In fact, if a company fails to require proof of vaccination, they may expose themselves to legal and ethical problems if an unsafe work environment results in needless contamination. An interesting question will arise if people begin to claim religious or medical reasons for not wanting to receive vaccinations. If denied continued employment for this reason, can an employee sue their employer? In certain states, probably. As a final thought, since we have no national registry, proving someone has been vaccinated is a vague and unclear process. Most folks who receive a shot are handed a simple piece of paper with the date and type of vaccine given and even a lot number. These documents are easily copied and without a national database, it is difficult to see how private companies or state governments can effectively verify the necessary information. In my opinion, these vaccine passports don’t infringe on one’s freedom because they are not required for exercising your rights as a citizen, such as voting or accessing government buildings, etc. Requiring them to ensure a safe workplace or safe sporting venues or sea and airports seems to be reasonable and a government mandate precluding private companies from enforcing them seems to be overreaching. In conclusion, the law either banning these passports or policies to enforce them either statewide or business by business, is evolving. No national standard can solve this mess of patchwork policies state by state because we are a country where the power is primarily in the states to address public policy issues such as this, not the federal government.
0 How are Florida Slip and Fall Settlements Calculated? | Florida Slip and Fall / Trip and Fall Personal Injury
Florida Slip and Fall Settlements Slip and Fall settlements in Florida are usually determined through a series of negotiations between the injured party’s lawyer and the insurance adjuster for the insurance company that provides general liability coverage for the property (location) where the trip and fall or slip and fall occurred. The goal of these negotiations is to come up with a fair and reasonable settlement, if possible. The next step, if the parties cannot reach an agreement, would be to file a lawsuit and have a jury trial where six members of the community would decide who is responsible for the injury and what the value of the claim is. Whether the case settles prior to a lawsuit being filed or ends up in a full jury trial, the analysis to determine the settlement value of any slip and fall case requires that there be an evaluation of the two main parts of these types of cases: liability and damages. Florida Slip and Fall Liability First, liability is the part of the case where you have to prove that the injury was due to the negligence of the property owner. Usually this is based on a dangerous condition on the property that was either created by the property owner, or their employees, or was a condition that had remained on their property for a long enough period of time that a reasonably prudent property owner would have discovered it and remedied the condition prior to your fall / injury. As part of this liability analysis in Florida, if the property owner can show that you were not paying attention to where you were walking, or that you did something else to contribute to your fall, the value of your claim goes down significantly. If it was half your fault for not paying attention to where you were going and half the property owner’s fault for having a dangerous condition remain on their property too long, you would only recover half of what you would otherwise be entitled to. Proving liability at 100% or at least 90% on the property owner is critical to a good settlement in these types of cases. The more experienced your lawyer is in handling these cases, the more likely you will be able to prove most of the fault on the property owner. Florida Slip and Fall Damages The second part of the analysis to determine the value of a Slip and Fall settlement in Florida is known as “damages”. This is where you have to show, as a result of the fault on the property owner, what harm was done to you. Types of Florida Slip and Fall Damages The main types of damages you are entitled to recover for in a Florida Slip and Fall case would be: Past lost wages, medical bills and other out of pocket expenses already incurred: This number would be based on the actual bills already incurred in the past for medical treatment, medication, transportation, and actual time missed from work due to your injuries. Future lost wages and medical bills: This is based on an opinion of a medical provider usually. That provider would have to state within a reasonable degree of medical probability that you will likely be in need of additional and/or ongoing medical care or suffer future wage loss as a result of restrictions caused by your injuries. Past and future pain and suffering, loss of enjoyment of life and other “non-economic” damages: These claims are difficult to value and are different in every case. The amount of pain and suffering one experiences has a direct correlation to the severity of the injury and the opinion of a doctor as to future impairment. The more serious and permanent the injuries are, the more value the pain and suffering claim has. Other factors would include the extent of the treatment to date. Was a surgery required? Are there any permanent scars or disfigurement? How do the injuries affect your ability to perform your normal activities of daily living? These are examples of some of the factors involved. There are a lot of factors that go into determining the liability and damages of any particular slip and fall or trip and fall case. It is critical to have an experienced attorney to help you determine the fair value of your case. I have been settling and filing suit against property owners for these types of premises liability claims since the early 1990’s and would be happy to evaluate your case. Just contact my office at [email protected] or visit our website for more information at www.robertgluck.com.