Category: FAQ
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What distinguishes construction site accidents from other workplace injury claims?
Construction site accidents encompass the use of heavy machinery, hazardous chemicals, and other perilous factors. This industry exhibits a significant incidence of severe injuries and fatalities, which may necessitate higher compensation for survivors. Workers and their families may require larger settlements to cover intricate injuries and continuing medical treatment.
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What can I do if my employer at the construction site doesn’t have workers’ compensation insurance?
According to the laws in Florida, employers who employ eligible workers must provide workers’ compensation insurance for them. Nevertheless, some employers violate the law or wrongly classify their employees to evade making payments. In such circumstances, you have the ability to file a lawsuit against your employer if their negligence was the cause of your…
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What constitutes a bus accident?
A bus collision refers to an incident wherein a bus and another road user are involved in a crash. This can include pedestrians, trucks, cars, or other vehicles. Additionally, bus accident injury claims may arise from on-board injuries. For instance, if a bus suddenly applies its brakes and passengers sustain injuries, this could give rise…
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In which state do most bus accidents occur?
Florida ranks fourth among states with the highest number of bus accidents. Fortunately, most city buses primarily operate on city streets, reducing the likelihood of high-speed collisions. Intersections, bus lanes, and bus stops are common locations for these types of accidents. Nevertheless, shuttle buses and other tourist buses occasionally engage in faster highway accidents as…
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What Constitutes an Unintentional Fatality Claim?
The passing of a cherished individual is perpetually distressing, but it can be even more harrowing to discover that the demise was avoidable. Accidental fatalities that stem from someone’s carelessness can bring forth an unintentional fatality claim in the state of Florida. These categories of personal injury claims enable surviving relatives to pursue recompense and…
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Who is eligible to file a claim for a death caused by accident?
Who is eligible to file a wrongful death claim in Florida? In the state of Florida, there are specific individuals who are allowed to file a claim for an accidental death. Typically, it is a person who is a close relative of the deceased. The children of the deceased may be eligible to file a…
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Why Should I Submit an Accidental Death Claim?
Submitting a claim will not bring your loved one back. However, even if it’s difficult to consider the legal procedure during such a moment, there are several reasons to submit an accidental death claim: – Financial Compensation: Filing a claim may help secure financial compensation to cover various expenses that resulted from the accident. This…
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What Are cases of Drowning and Near-Drowning in Pools?
Pool drownings occur when an individual is unable to safely exit a pool or body of water and succumbs to drowning due to asphyxiation or inhalation of water into their lungs. Near-drowning cases involve victims who are either rescued or are able to save themselves. However, if they have experienced a prolonged period without oxygen,…
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Who is at the highest risk?
Regrettably, young individuals are most vulnerable to water-related injuries in Florida. Toddlers are less likely to possess a strong understanding of water safety and may lack swimming abilities to ensure their safety. In fact, youngsters can succumb to drowning even in shallow depths of water, emphasizing the need for constant vigilance and supervision whenever children…
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Who Is Responsible?
In a publicly accessible swimming facility, public seaside area, or another supervised location, the possessor of the premises may bear responsibility if someone sustains an injury. In other instances, property owners may be held accountable if they fail to adequately secure their pool premises and a child inadvertently enters the area and gets injured. Homeowners…
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Why Pursue a Claim for Burn Injuries?
Burn injuries refer to harm inflicted on the surface layer of skin or even the layers of tissue and muscle beneath the top layer of skin. These injuries can be a result of exposure to fire, heated surfaces, steam, or corrosive substances. Burns not only lead to scarring but can also impair mobility and severely…
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What Are the Different Types of Brain Injuries?
Doctors can classify brain injury in a few ways: Closed brain injury: In this type of TBI, there is no break or fracture in the skull and the injury occurs due to a rapid back-and-forth motion of the brain inside the skull. This type of TBI can further be classified as a concussion or mild…
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What if I already had an injury prior to the incident?
You may still have options to pursue a personal injury claim, even if the accident exacerbated your existing injury. A legal professional specializing in personal injury cases can assess your circumstances and provide guidance on your next steps.
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What if I played a role in causing the accident?
If you played a role in the accident in some states, you could still be eligible to make a claim. A legal professional specializing in personal injury cases can assess your situation and provide guidance on the next steps to take.
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When Was Asbestos Banned in The U.S.?
Asbestos is not currently banned in the United States. While its use is limited and restricted by many laws, it is still legal for certain purposes despite nearly 70 countries banning asbestos entirely due to its negative health effects. Over the years, the U.S. Environmental Protection Agency (EPA) has taken several measures to prohibit the…
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What are the Charges and Expenses?
Smith & Johnson LLC manages almost every case on a contingency fee basis unless the client requests other arrangements. Under our standard contingency fee agreement, if there is no recovery, there are no charges or costs owed to S&J. In addition, state law provides that if a policyholder sues his/her/its insurance company, to recover on…
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What is the time period for the insurance company to settle my claim?
Most insurance policies include a provision specifying the duration within which claims should be paid. However, the law mandates that the insurance company must make a decision regarding coverage of the loss within 90 days. It is important to note that if the insurance company is unable to adequately investigate the loss within the initial…
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What types of adjusters are involved in handling hurricane claims?
During extensive damages like hurricanes, you can typically find the following adjusters conducting fieldwork: 1. Company adjusters. These individuals are employed by the insurance company and are usually licensed adjusters based in Florida (although they may be temporarily assigned from another state). 2. Independent adjusters. These adjusters make a living by handling claims, but despite…
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What is a judgment?
A judgment is a legal document from the court which determined who won the case. If the plaintiff obtains a judgment it is typically for a monetary amount in the legal proceeding. The judgment also grants the plaintiff the authority to commence wage garnishment, seize funds from bank accounts, and place a lien on the…
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What is the time limit for collecting a debt?
Usually, it is five years from the date the debt is charged off. However, if more than 5 years have passed and you choose to make a payment, the clock restarts and the statute of limitations will be extended for another 5 years.
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What is a demand or acceleration letter?
A demand or acceleration letter is sent by a financial institution to a property owner when that owner goes into default on their mortgage. The institution must send this letter before they are able to proceed with a foreclosure lawsuit for the complete amount of the loan.
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What is the timeframe for responding to a foreclosure lawsuit (summons and complaint)?
You have a 20-day window to submit a response to a foreclosure lawsuit in the state of Florida. Once this period expires, your options may be severely restricted. It is highly advisable to promptly secure the services of a skilled foreclosure defense lawyer if you have been served with a foreclosure lawsuit.
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When will I need to leave my residence?
You only have to vacate your home at the very end of the property seizure process. Once the auction date takes place, there is then a 10-day waiting period before the ownership of the property transfers to the highest bidder. That highest bidder, often the lending institution itself, can then dispatch a law enforcement officer…