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Common Torts and Defenses

Posted by on Feb 18, 2015 in Criminal Defense, Domestic Violence, Law Group Tampa, Lawyers, Personal Injury |

Common Torts and Defenses

Personal injury law includes a number of causes of action above and beyond carelessness. Most of these injuries belong to the intentional torts. The defendant acts with determination to harm the plaintiff in these situations. Examples include: false imprisonment, assault, trespass, theft, battery and infliction of emotional distress.

There are situations in which defendants will be legally responsible even though they did everything possible to avoid causing the harm, on the opposite end of the tort spectrum. This is referred to as strict liability. Even if all precautions are taken and the activity is legal and, the law will hold a defendant strictly legally responsible if someone is hurt while the defendant is engaging in a extremely dangerous activity. Transporting hazardous materials and building demolition fall into this category.

Also, one more very common tort involves injuries caused by defective products.ContentImage-Lawsuit.jpg-550x0 Legal responsibility in these cases can be obligatory based on a hypothesis that the manufacturer acted without due care and attention by designing and selling an unsafe product. Plaintiffs hurt by a defective product may be able to sue under a strict legal responsibility theory, if certain elements are met. In both ways, product liability cases have a lot of potential to become large class action lawsuits, which involves many plaintiffs and huge money judgments.

Defendants have a tendency to rely on a few common defense theories in order to defend against personal injury liability. In carelessness cases, what can happen is that the defendant may argue that the plaintiff did not use due care, and is in some measure or totally responsible for her or his own injury. The defendant can also claim that the plaintiff assumed the risk by voluntarily participating in a dangerous activity or sport, or that the plaintiff gave the defendant permission to take the action that ended up harming the plaintiff.

personal_injury_lawyerPlaintiffs should hire legal counsel in order to avoid a tort case which is based on such arguments. By retaining an attorney it will be very helpful to avoid the unlucky circumstance of violating a statute of limitations, which is always a worry in personal injury case. The aim of damages in tort actions is to pay the agreeable amount of money to the injured person as compensation for injuries that were caused by incident or accident. There are many damages in this type, and we are going to show you a few of it. So, let’s start:

  1. Damages for injuries to personal property. The measure of damages for injury to personal property can be different between the market value right away before and after the injury, except the property is destroyed, and in that case the fair market value of the item. The measure can be also the cost of repair sometimes, but it would be much cheaper and would make more sense simply to replace the item instead of repairing it.
  1. Damages for Losses to Real Estate. The measure of damages for permanent injury to real property (land for example) is also different in the fair market value of the land before and after the injury. If the damage is only temporary, then this damage would be the reasonable cost of repairing the property.

Beside these, there are many others as well such as: lost earrings, loss of consortium, wrongful death, prejudgment interest, punitive damages, collateral source rule, economic loss, emotional distress damages. . .

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Car accident lawsuits/laws in Florida

Posted by on Feb 18, 2015 in Law Group Tampa, Lawyers, Personal Injury |

Car accident lawsuits/laws in Florida

At the point when a Florida occupant gets into an auto crash, a few state laws influence the protection cases and claims that may come about. We’ll inspect a couple of those laws, including Florida’s status as a no-fault state, to what extent drivers need to document court cases after an accident, and how Florida’s “immaculate” fault issue standard may influence the case.

The most imperative thing to note about Florida law on the off chance that you’ve been in an auto collision is that Florida is a no-deficiency auto protection state. That implies, on the off chance that you’ve been harmed in an auto collision in Florida, you’ll have to first turn to your own particular auto protection scope to get remuneration for your wounds and different misfortunes coming from the mischance, paying little heed to who was at shortcoming for the mishap. Need Legal issue consultation help with John Bales.

Just in specific cases would you be able to venture outside the no-fault framework auto-accident-lawyerand attempt to hold the other driver subject for your wounds – significance you can record a risk claim with the other driver’s guarantor or document an individual harm claim against him or her. In Florida, just pile ups that outcome in perpetual harm, or huge and lasting scarring or deformation, will take a case outside of the no-shortcoming framework.

A “statute of limits/limitations” is a law that sets a due date for recording certain sorts of claims. In Florida, the statute of constraints for individual damage and property harm cases identified with car crashes is four years.

Recall that, you can’t generally document a claim over an auto crash in Florida unless your case qualifies under the states “genuine harm” edge. Anyhow if your case does qualify, this four-year window “opens” the day of the car accident. Weekends and occasions are incorporated in the check. Following four years, you may be banished from bringing your case to court, regardless of how solid your contentions are.

In Florida, your alternatives for settlements after an auto collision depend to some degree on who was likely “at fault” for bringing about the accident. On the off chance that your case goes to court, a judge or jury may choose that both you and an alternate driver were somewhat to be faulted for the accident. In the event that this happens, how can it influence your capacity to get harms?iStock_000025739557_Large

Florida utilizes an “unadulterated” fault rule in auto collision cases. The tenet works like this: Suppose that, for your situation, the jury chooses the aggregate sum of your harms is $100,000. The jury additionally concludes that you are 20 percent at deficiency for the mishap, and the other driver is 80 percent at fault. Under the “unadulterated” similar issue tenet, you will get the aggregate harms sum short a share equivalent to the rate of your flaw. In this illustration, hence, you would get $80,000: the $100,000 absolute, short the 20 percent ($20,000) that speaks to your offer of the flaw.

The “unadulterated” negligence guideline continues as before regardless of the possibility that you are discovered to be more at fault than the other driver. In this way, in the sample above, in the event that you were the one discovered to be 80 percent at shortcoming, you could at present recuperate $20,000. Not all states’ near carelessness principles work along these lines. The best thing you can do for yourself is contact John Bales Attorney.

 

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Top 16 Personal Injury Law Attorneys in Tampa

Posted by on Feb 18, 2015 in Criminal Defense, Domestic Violence, Law Group Tampa, Lawyers, Personal Injury |

Top 16 Personal Injury Law Attorneys in Tampa

1. Viles & Beckman, LLC, 6350 Presidential Court, Fort Myers, FL 33919

Fort Myers Injury Attorneys focusing on car accidents and trucking accidents in Florida.

Call 877-709-0633, website: www.vilesandbeckman.com

2. Abrahamson & Uiterwyk, 900 W. Platt Street – Tampa, Florida 33606

Call 800-753-5203, website: www.theinjurylawyers.com

3. Capaz Law Firm, P.A., 601 South Boulevard, Tampa, FL 33606d215ea8fc30f4fc38e2df2f6a6450946

Personal. Professional. Committed.

Call: 813-440-2700, website: www.capazlaw.com

4. Bulluck Law Group, 306 Bullard Parkway, Temple Terrace, FL 33617

Call: 813-988-7800, website: www.bullucklawgroup.com

5. Givens Givens Sparks, PLLC, 201 N. Franklin Street, Suite 1700, Tampa, FL 33602

Our legal team at the firm has earned a reputation for the high-quality and compassionate representation of injury victims and their families with more than 110 years in practice

Call: 800-716-6206, website: www.familylawfirmflorida.comlogo

6. Kadyk & Delesie, PA, 102 West Whiting Street, Suite 601, Tampa, FL 33602

Call:  813-226-1835, website: www.kdelegal.com

7. Christopher Ligori & Associates, 117 S. Willow Avenue #100, Tampa, FL 33606

Automobile Accidents and Injuries, Traumatic Brain Injury, Wrongful Death Products Liability, Motorcycle Accidents, Nursing Home Injuries, Spinal Cord Injuries

Call: 877-444-2929, website: www.ligorilaw.com

8. Hunter Law Group, P.A. 5025 W Lemon St, Tampa, FL 33609ls

Injured due to the negligence of others.

Call: 813-287-2227, website: www.hunterlawgroup.com

9. Patrick H. Dekle, P.A., 412 East Madison Street, Tampa, FL 33602-4640

Personal Injury and Wrongful Death

Call: 813-223-2300, website: www.deklelaw.com

10. Smith, Feddeler & Smith, P.A., 832 South Florida Avenue Lakeland, FL 33801

All injury attorneys since 1968. Allow our family to protect your family. Call us today.

Call: 887-688-7766, website: www.all-injuries.com

11. Kimberley M. Kohn, Goudie & Kohn, P.A., 3004 W. Cypress Street, Tampa, FL 33609

Defending Florida Citizens in cases of Federal & State Crimes, Personal Injury, Wrongful Death, Nursing Home Abuse & Premises Liabilities. Please Call 813-413-2424

Call: 813-413-2424, website: www.goudiekohn.com

kaylor_logo12. Mark Kaylor, at Kaylor, Kaylor & Leto, P.A, 2202 North Westshore Boulevard, Suite 200, Tampa, FL 33607

Central Florida Disability & Personal Injury Attorneys.

Call: 800-900-7734, website: www.kkllaw.com

13. Martin Lance Holden, at Brennan, Holden & Kavouklis, P.A, 115 South Newport Avenue, Tampa, FL 33606

Fighting Injustice for all” – Board Certified Trial Attorneys – Florida and Nationally. AV rated by Martindale-Hubbell. Selected to Florida Super lawyers and Best Lawyers in America.

Call: 813-425-1043, website: www.fightinginjustice.com

14. Claire Hancock, Hancock Law Firm, 2805 W. Busch Boulevard, Suite 201, Tampa, FL 33618

“AV” Preeminent personal injury attorneys in Tampa, providing exceptional legal representation in a professional yet compassionate manner.

Call: 813-915-1110, website: www.lawhancock.com

web-logo-final215. Lisha Bowen, Matthews & Bowen, 400 North Ashley Drive, Suite 2600, Tampa, FL 33602

Proven trial attorneys dedicated to the passionate pursuit of justice on behalf of our clients and their families; handling cases involving truck and work zone crashes, brain and spinal cord injury, wrongful death, and commercial disputes.

Call: 813-712-8772, website: www.mbtrials.com

16. Law Offices of Bill Dickey, P.A., 3800 Bay to Bay Boulevard, Suite 12, Tampa, FL 33629-6844

You may not see me on T.V., but you will see me in Person.

Call: 813-835-3800, website: www.bdinjurylaw.com

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