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A Personal Injury, Workers' Compensation and Defense Base Act Law Firm Fighting for the Injured.

Articles Posted in slip and fall

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Far too many times I hear, “it hurts and I need to stop”.  DO NOT … I REPEAT … DO NOT STOP.  Physical therapy is a necessary evil and YES it hurts but as they say, NO PAIN NO GAIN.

Physical therapy, also known as physical rehabilitation, requires a lot of time, a lot of hard work, and of course a knowledgeable physical therapist. Physical therapists are highly educated and are licensed health care professionals, licensed under Florida Statutes, Ch. 486.  Their job is to examine, evaluate, and treat patients whose conditions limit their ability to move and function in daily life.  A therapist’s overall goal is to maintain, restore, and/or improve mobility and help reduce pain.  In some cases, physical therapists are instrumental in helping a patient avoid surgery or the long-term use of prescription medications and associated side effects. IMG_0284 Continue reading →

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I just returned from London, England where I had my client sign her release.  There was a notary requirement on the original release, but in London, a notary charges £100 pounds, which is equivalent today to $130.00.

To save my client that money, we spoke with the supervisor at the insurance company and received approval for her signature to be witnessed by two people in London, which was done instead of having a notary.  This saved the client $130.00 and we did not charge the client for our travel expenses, as we frequently do business in London.IMG_3377

We receive calls from all over the United States from people injured while providing services to our troops stationed throughout the world.  Their injuries are covered under the Defense Base Act, which is a Federal Statute, providing workers compensation benefits.

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This discussion will center on Federal Liens which you need to be aware of and handle with common sense.  So put the Federal lienholder on notice of a third party claim and settlement as you can pay them back a portion of money they paid for the related medical treatment and Federal compensation benefits when the case settles.

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Federal liens include:

The US Dept of Labor under the Division of Federal Employees’ Compensation Act (FECA) §8131 provides for a lien if the Federal employee received Federal compensation for lost wages that are an element of the damages in a personal injury case.  The Statute states: Continue reading →

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Florida Statutes, Section 768.0755, which became effective July 1, 2010, provides that:

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(1) If a person slips and falls on a transitory foreign substance in a business establishment, the injured person must prove that the business establishment had actual or constructive knowledge of the dangerous condition and should have taken action to remedy it. Constructive knowledge may be proven by circumstantial evidence showing that:

(a) The dangerous condition existed for such a length of time that, in the exercise of ordinary care, the business establishment should have known of the condition; or

(b) The condition occurred with regularity and was therefore foreseeable.

Section 768.0755 is a much more difficult standard to meet than the standard that was in place prior to July 1, 2010.  Pursuant to Section 768.0755(1)(a), in order to maintain a lawsuit for a slip and fall, the plaintiff must show that the dangerous condition alleged existed for enough time that the business should have known of the condition or that the dangerous condition occurred regularly.  This is not an easy standard to meet.   Continue reading →

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slipHave you been injured in a slip and fall or a trip and fall that wasn’t your fault?  It is important to know what to do after a slip and fall accident or a trip and fall accident and what duties state and federal law place on stores, malls, restaurants, and other places where most slip and fall accidents occur.

Ithumbf you have been the victim of a slip or fall on the premises of a business, the first thing you should do is report the accident to the property manager, store manager, or any other employee of the business.  It is very important to make sure that someone who works at the location where you fell is aware of the situation. Then, take photos of where you fell and what caused you to fall. Make sure to get as many angles as possible.  Try to obtain a copy of the accident report from the business.  Remember, the company is likely going to argue that your accident wasn’t as a result of their negligence, so make sure you get as much evidence as you can.  If you run into someone who doesn’t want to give you this information, speak to a qualified attorney and he or she will use legal methodologies to ensure that no vital information is withheld.

What duties does a landowner or a business owner owe to a guest on its property?

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