After a car accident, you only have 14 days to go to the doctor.

by BWWDSTP Law Information

After an automobile accident, you only have 14 days to go to the doctor. If you do not, you will lose your right to receive $10,000.00 in medical expenses and wage loss.

Treating car accident injuries

The Florida Legislature recently amended Florida’s No Fault Law.
The general public knows this type of insurance coverage by several names: a) PIP [personal injury protection], b) No Fault Insurance, c) Mandatory Insurance to obtain your vehicle’s tag. This third name is how the majority of the public is acquainted with it.

Basically, the law makes every driver responsible for his first $10,000.00 in medical expenses and wage loss irrespective of fault and requires that every driver buy automobile accident insurance to pay his own medical expenses and wage loss up to $10,000.00 after an automobile accident.

Now, a person injured in an automobile accident must seek medical attention within 14 days of his automobile accident in order to be entitled to receive $10,000.00 in medical expenses and wage loss. This is unfair to the general public because, many times, injuries take time to manifest themselves. Therefore, our advice to everyone that is involved in an automobile accident is to go to the doctor right away.

Under Florida Law, you are responsible for the payment of your own medical expenses and wage loss up to $10,000.00 even if you are not at fault for the accident. Neither the driver at fault nor his insurance company have to pay your first $10,000.00 in medical expenses and wage loss. For example, "driver at fault" runs a stop sign and fractures his foot. He also causes the other driver a fractured arm.
The insurance company for the other driver will pay his medical expenses and wage loss up to $10,000.00 and the insurance company for the party at fault is only responsible for the medical expenses and wage loss that exceed $10,000.00. However, the company for the driver at fault will also have to pay medical expenses and wage loss for the driver at fault up to $10,000.00.

get help with your car injuries

What happens if the party at fault does not have automobile insurance and the medical expenses and wage loss exceed $10,000.00?
The answer to this question is very important. The high cost of medical care nowadays virtually guarantees that if a person needs to be hospitalized the $10,000.00 in medical coverage and wage loss provided by his automobile insurance will be exhausted right away. If the driver at fault does not have insurance and the other driver has health insurance, the other driver will be able to collect from his health insurance his medical expenses over $10,000.00. The driver at fault is personally responsible for all his medical expenses.

What happens if neither driver has automobile insurance?
If they have health insurance, their health insurance companies will pay for their medical bills in accordance with their policies. If they do not have health insurance, both drivers will be responsible for paying their own medical expenses up to $10,000.00 and the driver at fault will be responsible for paying the other driver’s medical expenses over $10,000.00.

Do I have a Lawsuit?

by Elias B. Rudnikas Law Information

If you have been involved in any type of accident or have suffered damages because of the negligence of others, you must decide if you are going to file a lawsuit. There are three important elements to consider: fault (civil liability), damages, and your chances of collecting money compensation. What follows is a brief explanation of each of these elements.

  • Fault (civil liability)
    An individual, a business entity, or a governmental entity, must be legally responsible for your damages. That is, that the other party was negligent. This means that something was not done correctly or that there was a failure to do something which should have been done. For example, if you slip and fall on the wet and greasy floor of a cruise ship and the employees knew of the danger and ignored it, the cruise ship company is legally responsible to you for your damages because its employees ignored the danger. Even an employee of the same cruise company working on his own ship is entitled to collect money compensation if he slips, falls, and injures himself because of the wet and greasy floor.
    In most states, you can file a lawsuit even when you are partially responsible for your damages. In this case, your money compensation will be reduced according to your percentage of responsibility.
  • Damages
    You must have suffered damages in order to receive money compensation. When you think about your damages remember that they include past and future medical expenses, past and future wage loss, past and future pain and suffering, property damage, etc.
  • Chances of Collecting Money Compensation
    Can the person or entity at fault pay for your damages? If the answer is yes, you should file your lawsuit. Even if the other side does not have much money, there could be insurance coverage or other assets. In certain situations, it is also possible to sue a third party, such as an employer. If a cruise company is involved, collecting your damages is never a problem. All cruise ships companies have plenty of insurance coverage and assets to pay for your damages.
    If you have been involved in an accident, it should be easy to decide to file a lawsuit considering the aforementioned elements: fault, damages, and your chances of collecting money compensation. With the help of an attorney, you can easily find out if you have a viable lawsuit.

Lawsuits for Defective Products

by Elias B. Rudnikas Law Information

These days, there is more and more talk about the efforts to change our civil justice system. These changes are being proposed by big business and insurance companies. No consumer group has asked for these changes, because these changes would make it more difficult for the majority of the citizens to be properly compensated for their injuries.

Many of the changes that are being proposed have to do with responsibility for defective products. The executives of the big companies want to limit the lawsuits for injury due to defective products. They complain that these lawsuits would make their business more difficult. On the contrary, the risk of being sued is one of the best incentives so that these companies make products that are safer.

Following, we will give two examples from real life in which lawsuits against a product has improved the safety of the product for everybody.

  • A four-year-old girl suffered serious burns when her pajamas accidentally caught fire. The pajama itself was flammable. The lawsuit was filed. After the jury ruled in favor of the little girl, the manufacturer stopped making flammable pajamas.
  • Playtex stopped selling tampons that caused toxic shock syndrome (TSS). This only happened after a court provided financial compensation to the family of a woman who died because she used the product from this company.

These are only two examples of how lawsuits against defective products result in the products becoming safer to use. The next time you hear an executive of a company complaining over lawsuits against defective products, remember that without this motivation, they would only worry about increasing their profits, without any concern for public safety. Also remember that these lawsuits are the only way a person who has been injured by a defective product can be compensated for damages and injuries.

A Woman Assaulted In a Parking Garage Wins a Lawsuit

by Elias B. Rudnikas Law Information

Alicia was assaulted by delinquents in the parking lot of the apartment complex where she lived. This was a building that offered “security” as part of its image, in an effort to attract tenants. The assault occurred when she was walking at night towards her automobile. Alicia filed a lawsuit against the building owner, alleging that the parking lot lights were turned off, and that the fences that protected the perimeter of the parking lot were broken, and that other tenants had complained previously to the building owner, but he had not done anything to fix these problems.

The court ruled in favor of Alicia. The court determined that the owner had the obligation towards his tenants, especially in this building “with security”, to maintain all equipment in good working order, so as to avoid any criminal acts. The owner was negligent and therefore was made responsible for the injuries that Alicia sustained.

As Shown by a Recent Case, Things Students Say in School Can Cause Unusual Disputes.

by Elias B. Rudnikas Law Information

In a high school in Tennessee, prior to speaking during student elections, candidates had to submit their speeches for review by a teacher. A student surprised everyone by slightly changing the content of a previously approved speech.
EIn the assembly the student said:

    The administration gives itself certain liberties with us hoping they go unnoticed. For example, why is the Assistant Principal always telling dumb jokes when he speaks into the microphone?

The other students loved the speech. They applauded commenting things like "We also dislike the Assistant Principal." Unfortunately for the speaker, the school authorities did not like the speech and he was disqualified.

The student filed a lawsuit against the school district, claiming that they should not have disqualified him. The case went to a federal appeals court, declaring that the school administration should have been a little less strict and had let the incident pass. But the court ruled that the school had authority for disqualification.

Are Businesses Responsible For Assaults In Parking Lots?

by Elias B. Rudnikas Law Information

The huge number of cars on the road requires the use of large parking lots. These are often poorly lit and unattended. This makes them perfect places for criminals.
Victims of crimes occurring in parking lots should know that the owner of the parking lot can be held civilly liable for the property.

Formerly, the law, which is still in force in some states, decreed that owners had no liability for assaults that occurred on their property and had no obligation to protect their customers against them.

This has changed. Today, the courts consider all the circumstances of an assault to decide whether the victim is entitled to compensation. Judges or juries consider the following factors to decide whether the owner should have taken more measures to protect their customers from assaults.
These factors are:

  1. The statistical crime index in the area,
  2. Any history of similar events in the crime scene,
  3. The attractiveness of the place for criminals to exercise;
  4. And the existence of security measures such as adequate lighting, security guards, security cameras, etc.

In a recent case, a woman was assaulted in a parking lot attached to a company. The area had a low crime rate and no assault had occurred in the business’ property in over 12 years. However, a court ruled that the woman should be compensated because the assault was predictable; the area had
poor lighting, there are always people wandering in the parking lot, there were no security guards to patrol the place, and the company could have taken more safety measures to prevent assaults.

Anyone driving to a business site should try to park in safe and well lit areas. You should also be attentive when leaving your vehicle and returning to your vehicle to notice the presence of potential offenders.
At night, request to be accompanied to your vehicle by a guard or employee. Any person who suffers damage as a result of an assault near any business should consult their lawyer to evaluate if, considering all the circumstances, the property owner is responsible and civilly liable for the injuries and damages.

Money Compensation for Slip and Fall and Trip and Fall Accidents

by Elias B. Rudnikas Law Information

What should you do if you slip on the wet floor of a supermarket and injure your ankle?
What should you do if you trip with the carpet in a movie theater and injure your ankle?
What happens if the owner of the property fails to accept legal responsibility for your injuries?

This type of accident is very common. Knowledge of what needs to be done if you injure yourself while you are a customer in a business will help you obtain money compensation for your injuries. It will also speed up the lawsuit. The existence of dangerous conditions such as slippery floors or broken floors does not necessarily mean that the owner is responsible for your injuries. In order to receive money compensation, you will need to prove that the business or person in question knew or should have known of the dangerous conditions and took no measures to correct them.

As soon as a person suffers an accident inside a commercial property, the owners do everything they can to protect themselves and limit their legal responsibility for the injuries. The employees of the business try to obtain information from the injured victims so they can use it later against them. They also ask the injured victims to sign statements against their own interests or waivers of their legal rights.

If you are injured in somebody else’s property, do not sign any papers and do not say anything until you consult with an attorney. You have no obligation to talk to anyone or to answer any questions. You should consult with your attorney and find out about your rights before you enter into any negotiations or agree to settle your case. Your attorney will be able to explain to you, in detail, your rights under the law and will advise you as to the true money value of your injuries.

If your physical condition and the circumstances allow, you should obtain the names, addresses, and telephone numbers of all the witness to your accident.
You should also take notes describing in detail the place of the accident, all dangerous conditions, and all possible causes of the accident. If there is any physical evidence, please safeguard it.

Then, you should obtain the help of an attorney immediately. It is better to start your lawsuit immediately because you and the witnesses will remember what happened a lot better. Additionally, there are time limits to file your claim. If you wait too long, you will lose your rights.

Who Pays Your Medical Expenses After An Automobile Accident?

by Elias B. Rudnikas Law Information

The answer to this question always surprises my clients. At the beginning of the seventies, Florida adopted the no fault law as to medical expenses which is still in force today.
The general public knows this type of insurance coverage by several names: a) PIP [personal injury protection], b) No Fault Insurance, c) Mandatory Insurance to obtain your vehicle’s tag. This third name is how the majority of the public is acquainted with it.
The theoretical underpinning of this insurance scheme is based on the following premises:

  1. An automobile accident is a horrible occurrence.
  2. Therefore, we want that all persons be able to pay the related medical expenses irrespective of fault.

The adoption of the philosophy means that you are responsible for the payment of your own medical expenses up to $10,000.00 even if you are not at fault for the accident. Neither the driver at fault nor his insurance company have to pay your first $10,000.00 in medical expenses. For example, “driver at fault” runs a stop sign and fractures his foot. He also causes the other driver a fractured arm.
The insurance company for the other driver will pay his medical expenses up to $10,000.00 and the insurance company for the party at fault is only responsible for the medical expenses that exceed $10,000.00. However, the company for the driver at fault will also have to pay medical expenses for the driver at fault up to $10,000.00.

What happens if the party at fault does not have automobile insurance and the medical expenses exceed $10,000.00?
The answer to this question is very important. The high cost of medical care nowadays virtually guarantees that if a person needs to be hospitalized the $10,000.00 in medical coverage provided by his automobile insurance will be exhausted right away. If the driver at fault does not have insurance and the other driver has health insurance, the other driver will be able to collect from his health insurance his medical expenses over $10,000.00. The driver at fault is personally responsible for all his medical expenses.

What happens if neither driver has automobile insurance?
If they have health insurance, their health insurance companies will pay for their medical bills in accordance with their policies. If they do not have health insurance, both drivers will be responsible for paying their own medical expenses up to $10,000.00 and the driver at fault will be responsible for paying the other driver’s medical expenses over $10,000.00.
Basically, the law makes every driver responsible for his first $10,000.00 in medical expenses irrespective of fault and requires that every driver buy automobile accident insurance to pay his own medical expenses up to $10,000.00.

Is there any logic to this insurance scheme?
No. This is because the driver at fault is not responsible for the first $10,000.00 in medical expenses of the other driver who is the victim of his negligence.

Does this auto insurance scheme make sense from the social point of view?
Yes. The goal of the legislature in enacting this law was to make sure that all parties in an automobile accident, irrespective of fault, could pay their medical expenses. I think this goal was accomplished.

Things You Should Know If You Get Hurt While Taking A Cruise

by Elias B. Rudnikas Law Information Maritime Law

Since the end of the 70’s, cruises have become a very popular vacation for the American middle class. Regrettably, there are a lot of accidents aboard these ships and many passengers suffer very serious injuries.
The most typical accidents are:

  1. Slip and Falls and Trip and Falls due to dangerous conditions aboard the ships such as defective floors, and slippery substances on the floors. These accidents can occur inside the cabins, in and around the pools, on the decks,
    hallways, access ramps, restaurants, bars, etc.
  2. Accidents during short excursions
  3. Fires and Maritime Collisions
  4. Poisoning and Sickness due to contaminated food and drink
  5. Negligence in providing medical care when it is required.
  6. Negligence in providing adequate accommodations for handicapped people.
  7. Physical or sexual assaults perpetrated by the crew or other passengers.
  8. Unexplained disappearances
  9. Negligent navigation.

Many passengers are not aware that they can receive money compensation for these injuries. Additionally, they do not know the laws that apply and the location where the lawsuits must be filed. Matters are made more difficult by the fact that most claims have to be filed where the main offices of the cruise company is located. The main offices for most of the main cruise lines that operate in the United States are located in Miami. Therefore, most passenger lawsuits against the cruise lines have to be filed in Miami. As a result of this, most passengers start their lawsuits in Miami after returning to their home states or home countries.

The passenger ticket is a contract between the passenger and the cruise line. It contains far more than the itinerary. It imposes severe limitations on a passengers’ ability to file a claim against the company and it must be read very carefully because it will contain all the requirements that must be complied with before a lawsuit can be filed. For example, some companies require written notification of the passenger’s intention to file a lawsuit, and this usually has to be done within six (6) months after the accident.

The passenger ticket also contains that statute of limitations. The statute of limitations is the time within which the passenger can file his case against the company. If the passenger does not file the case against the company within the statute of limitations, he will lose all his rights. It is a very short statute of limitations. It is one (1) year from the date of the accident or injury. More passenger cases are lost for failure to comply with the requirements of the ticket and the statute of limitations than for any other reason.

If you were injured during your cruise ship vacation and want to file a lawsuit, please read your passenger ticket carefully and comply with all of its requirements.
If for any reason you have lost your ticket, please request a copy of it immediately from the company and comply with all of its requirements. Better yet, call us and we will help you comply with all the requirements and bring your lawsuit to a successful conclusion.

Your Lawsuit in the Courts

by Elias B. Rudnikas Law Information

When a person has been injured as a result of an accident or the negligence of a third party, his lawsuit will follow several steps.

After all the available evidence is presented to the insurance company for the party at-fault, negotiations start. Usually, there is a great difference in how your attorney and the insurance company value your case. If this difference can be negotiated, a release is signed, the agreed upon amount is paid, and this is the end of the case. It is important to realize that ninety (90%) percent of the cases are settled this way. Therefore, we encourage all persons that have good reason to file a lawsuit to do so. They should not fear the inconvenience and waste of time that taking the case to court entails because in ninety (90%) percent of the cases the lawsuit will not get to court.

When it is impossible to arrive at an agreement with the insurance company, your lawsuit is filed in the courts. A document called a complaint which contains your reasons to file your lawsuit and your damages is filed in court. Once your complaint has been filed with the court and the other side (the defendant) has been duly notified, then the discovery or investigative phase of the case starts.

This discovery or investigative phase of the relevant facts consists of the following:

  1. depositions (sworn testimony of witnesses)
  2. interrogatories (written questions submitted to the other side)
  3. requests for production (requests for documents that the other side has)
  4. requests for admissions (asking the other side to admit some facts)
  5. inspections of places or objects (i.e. the scene of an automobile accident, the slippery floor of a cruise ship)

Depositions are verbal examinations of witnesses during which the attorneys for both sides ask questions of the witnesses while a court reporter writes everything down and creates a record of all that has been said. Interrogatories are written questions that one party submits to the other to find out specific information. Requests for production require the other side to provide copies of relevant documents in its possession. Requests for admissions ask the other side to admit or deny the truth of certain facts or acts that important for the case. The inspections of places and objects allow both parties to inspect places and objects that are important for the case. For example, the scene of a fall on a cruise ship, or a vehicle involved in an accident. Both parties have the right to use, and systematically use, all this discovery procedures. After the discovery phase is concluded and never before, the party starting the lawsuit (plaintiff) advises the court that the case is ready for trial and requests that the court set a trial date.

Nowadays, it is a legal requirement that a case go to mediation before it can go to trial. Mediation is a formal negotiation conference. Usually, the attorneys for both sides and their clients go to the mediator’s office. The mediator is usually a retired judge, a retired attorney, or an attorney that does this work for a living. The mediator does not have any power to decide the case. His job is to help both parties arrive at an agreement. If there is an agreement at mediation, this is the end of the case. The plaintiff will sign a release and the defendant will pay the agreed upon amount. If there is no agreement at mediation, the case continues to trial.

Before the trial, both parties submit to the court a list of witnesses, documents, and things that they are going to use as evidence during the trial. In addition, all the subpoenas for the witness to appear at the trial are issued. Before the trial, the attorneys for both parties appear before the judge to handle the administrative aspects of the trial. Once all preparations are complete, the process comes to its natural end: the trial.

What Negligence Means

by Elias B. Rudnikas Law Information

At one point or another we have all considered filing a claim against somebody for "negligence". This normally occurs after having been involved in an accident. But what exactly does "negligence" mean?

The legal concept of "negligence" has evolved over several centuries. Depending on the case, it can either be easy or difficult to apply. Here we provide a summary of those elements that judicial courts consider when deciding if someone has been "negligent".

  • Incompletion of duties and damages. A person is negligent when they cause harm by not fulfilling their duties towards another person. As an example, we all have to be careful when driving a car. A driver who was not careful and causes an accident is "negligent".
    An important aspect of negligence is its "predictability". A person is guilty of negligence only if the damage caused was a predictable result of his actions.
  • How courts decide. In order to decide if someone has not fulfilled their duties, the courts examine all the facts in the case, so as to fully understand what happened. After they asked themselves what a "reasonable" person would do in the same situation. If the person accused of negligence did exactly what any reasonable person would do in the same situation, they are not guilty. But if the person’s actions were distinct from those of a reasonable person, it is more than likely that they are negligent.
  • A recent example. Pedro was injured after having tripping on a game that had fallen to the ground in a store. Pedro initiated a claim against the store’s owner. The courts ruled in Pedro’s favor because the store employee who had placed the toys on the shelf did a lousy job and therefore had been negligent.

If you are injured in an accident due to somebody else’s negligence, get legal assistance and learn about your rights to receive monetary compensation. But you must move quickly, as the window of opportunity to file a claim is limited.

Don’t Say Anything after an Automobile Accident

by Elias B. Rudnikas General Information Law Information

If you’re involved in an automobile accident you should not discuss with the other driver, nor take responsibility for the accident. What you might say can be used against you, and will be detrimental to your interests. The best thing you can do is to consult with an attorney before saying anything to the other party, or even to your own insurance company. A 15 minute visit with a qualified attorney can save you a lot of money and a lot of headaches.

This blog only provides general information on the subjects covered. Due to the changes in the law, to the exceptions to the general principles of the law, and the variations in the law in different states, seek advice from an attorney before undertaking any lawsuit.