Author: Weldon Rothman

What Constitutes Negligence in Personal Injury Cases

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Personal injury cases often times come down to a question as to who is at fault, which usually means proving that the individual or company was negligent causing the injury. Regardless of the type of personal injury case or the accident involved, you have to prove that the other party was negligent in order for them to be required to pay you compensation for your injuries. 

image of car crash with emergency responders

Definition of Negligence

Negligence in personal injury cases is defined as the failure to use reasonable care in a given situation, but it really goes beyond this. You have to be able to prove that the responsible party actually caused the accident by not doing something, or doing something, that directly caused the accident.

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What You Need to Know about FMLA

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The Family Medical Leave Act is complex, and sometimes even employers don’t understand the law. If eligible, FMLA allows you to take unpaid leave from work for up to 12 weeks for your own serious medical condition or to care for a family member with a serious medical condition. You can also use FMLA in a couple of other situations. It is important to understand your rights to leave when it comes to the Family Medical Leave Act. Here’s what you need to know.

Photo of parents with a baby between them

Not Everyone Qualifies

Not everyone qualifies for leave under the FMLA. Employers who have less than 50 employees do not have to provide leave under FMLA. As an employee at a qualifying employer, you must have been employed for at least one year and worked at least 1250 hours the previous year. Before you file a lawsuit for your employer failing to provide you with leave under FMLA, make sure you qualify.

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Three Reasons You Need an Attorney After an Auto Accident

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After having an auto accident, you have a lot on your mind. You have to get your vehicle repaired or replaced, take care of duties you missed while you were injured, and play catch up at work. You also have to be concerned with dealing with insurance companies, doctors, and follow-up medical care. Having an attorney after an auto accident gives you some much needed support during this time. Here are three reasons you should hire an attorney after an auto accident.

Prove Your Claim

In order to get full compensation for your auto accident, you will need to be able to prove that you were not at fault, who was at fault, and how the accident happened. Much of this information comes from the scene of the accident. But if you didn’t get photos of the scene or contact information for all witnesses, some investigation may be necessary. At times, a reconstruction expert is needed to determine how the accident happened and who was at fault. An attorney can assist with gathering this and other evidence to prove your claim.

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What is Wrongful Termination and What Can You Do?

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You may or may not know that Florida is an at will employment state. This means that you can leave your job at any time for any reason. It also means that your employer can fire you at any time for any reason, or for no reason at all (so long as it does not violate some specific federal or state law). With these laws in place, it may seem that there is no such thing as wrongful termination. However, even in an at will state, you have rights as to how and when your employment is terminated. Here’s what wrongful termination is and what you can do about it.

whistleblower

Definition of Wrongful Termination

Wrongful termination is the type of case that you have against an employer if they fired you for a federally protected reason. For example, if your employer fires you based on any type of discrimination such as gender, religion, sexuality, or race, you will have a wrongful termination case. You may also have a wrongful termination case if your employer fires you after you blew the whistle on their unethical or illegal activities, either as a company or from specific individuals within the company.

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3 Common Injuries from Auto Accidents

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Auto accidents happen frequently in America. In fact, there are about six million car accidents every year in the United States. With so many accidents happening all around us, it is no wonder that there are some injuries that are the most common in these types of accidents. Here are the three most common types of injuries that result from car accidents.

Whiplash / Spinal Injuries

Whiplash is the most common injury related to car accidents. Whiplash occurs when your body is thrown forward against your seat belt. While the seat belt prevents you from going through the windshield, it does not stop the force that drives your body forward upon impact. Often people with whiplash also have injuries from their seat belt itself, or from the air bags deploying.

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What Not to Say at the Scene of an Auto Accident

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When you have an auto accident, there is usually an at-fault party. If someone else is responsible for the accident, you want to make sure that you protect your right to be compensated for your injuries and property damage. To protect yourself, you must be very careful about what you do at the scene of the accident. One of the things you need to pay attention to is what you say. Here are a few things that many people say at auto accidents that can ruin your case.

image of car crash with emergency responders

I’m Sorry

You should never apologize or say the words “I’m sorry” to anyone involved in the accident, including witnesses. Even if you are only saying that you are sorry someone is hurt because you are being empathetic, this can be held against you later. If you apologize or show empathy, it could be argued later that you admitted fault.

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Why You Should Have an Attorney to Negotiate with Insurance Companies

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Whether your personal injury case involves a slip and fall accident, an auto accident, a motorcycle accident, or a construction accident, more than likely there will be an insurance company involved. There are several reasons you should not try to negotiate with insurance companies on your own. It is always best to have an attorney.

stock photo of insurance claim form

Looking Out for Number One

Insurance companies are only looking out for themselves. They want to pay out as little as possible, because providing settlement checks cuts into their profits. While they are obligated to provide compensation, they are going to do everything they can to pay as little as possible. They will likely offer you a very quick settlement if you are willing to take their initial offer. This initial offer is usually much lower than the compensation that you are actually entitled to. Instead of taking whatever the insurance company offers, it is important to consult with an attorney and allow them to negotiate on your behalf.

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Proving Wrongful Termination: What You Need to Know

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If you have been fired or forced to quit your job, you may be wondering what recourse, if any, you may have. Florida is an at-will employment state, which means your employer can fire you at any time for almost any reason, or no reason at all. This does not mean that wrongful termination can’t occur. There are some instances which constitute wrongful termination, but proving it can sometimes be difficult.

What is Wrongful Termination?

Wrongful termination usually occurs when someone is fired in a discriminatory way. It may also be wrongful termination if you were fired in retaliation for making a complaint with the company or authorities, either of business practices or something personal like sexual harassment. An employer cannot fire you for these reasons. While an employer is not likely to say that they fired you for those reasons, they are usually apparent with some investigation.

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Spring Hazards: What to Do in a Motorcycle Accident

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Spring is here, and with the warmer weather and clear skies comes the perfect time for riding your motorcycle. Spring brings with it some hazards for bikers as well. Unmarked and unrepaired potholes are frequent after the winter months, and can cause accidents for motorcyclists. With the warmer weather also come inattentive drivers, rain storms, and other hazards. In addition to being on your guard to avoid accidents, it is important to know what to do if disaster strikes.

At the Scene

It is important to get as much information as you can while at the scene of the accident. Getting the contact and vehicle information for other drivers involved in the accident is important. You should also get contact information for any witnesses. Take photos of the scene of the accident, the vehicles and bike involved, and any environmental factors that may have led to the accident. If you are unable to gather this information due to severe injuries, much of the information will be available on the police report.

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What You Need to Know About Sexual Harassment

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Sexual harassment happens much more frequently than you might think. Many people believe that sexual harassment in the workplace amounts to someone touching you or propositioning you in a way that you do not find comfortable. In reality, sexual harassment equates to much more than that. You may also think that there is little you can do about sexual harassment in the workplace, but you do have some options.

Image of woman being harassed at work

What is Sexual Harassment?

Sexual harassment can come in many forms. If someone touches you without your permission, that is blatant sexual harassment. If someone tries to get you to go on a date with them and ties it to your performance or job in any way, that is also sexual harassment. Yet sexual harassment can be much more subtle. It could simply be untoward or offensive remarks, discrimination based on your gender, or uncomfortable talk about sexual topics.

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