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InjuryAccident

Where Will You Sue? The Answer Can Be Complex

By Kelly Barcia Nuñez |

When you file a personal injury case, you may not give much thought about where to file the case. And in many cases, it’s not even an issue. If you fall in Walmart, or your doctor commits malpractice against you, or your loved one is neglected in a Florida nursing home, it’s obvious that… Read More »

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Understanding Florida’s Impact Rule

By Kelly Barcia Nuñez |

When you are in an accident of any kind, it is expected that you won’t just sustain physical injury, but that there will be some emotional trauma as well. Pain, suffering, anxiety, depression, and many other cognitive problems can arise. Courts give value to, and recognize these injuries, because it’s natural to think that… Read More »

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Can A Non-Parent Agree To Arbitrate A Minor’s Injury Case?

By Kelly Barcia Nuñez |

Arbitration provisions in contracts can be punitive and difficult for accident victims. They may restrict victims’ abilities to present or get the evidence they need to prove their case, and almost always, arbitration provisions take the case out of the hands of a judge and jury, and give it to an arbitrator. Arbitration provisions… Read More »

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Resolving A Child’s Injury Case May Need Court Approval

By Kelly Barcia Nuñez |

As a general rule, personal injury law works the same when kids are injured as it does when adults get injured. But there are certain procedural hurdles that exist when a child is injured. The law and the courts seek to protect children, and safeguard their property for them. As such, the law requires… Read More »

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You Need Race-Neutral Reasons To Strike Jurors From The Jury

By Kelly Barcia Nuñez |

We are all entitled to a jury of our peers. But in reality, we are allowed a jury that we think is most inclined to be neutral, and listen to the facts impartially. To do that, parties get the ability to strike jurors from the jury pool, before the trial starts. In some cases,… Read More »

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How And Why Do Workers’ Compensation Cases Settle?

By Kelly Barcia Nuñez |

In personal injury lawsuits, there is a beginning of the case, and the end. But that isn’t the case with workers’ compensation. Technically, there doesn’t have to be an end to your case—at least, no end to your treatment with the workers’ compensation doctors. Keep Treating? Legally, injured workers are allowed to continue treating… Read More »

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New Law Makes It Harder To Sue For COVID Related Injury

By Kelly Barcia Nuñez |

A new law has been put into place that will make it harder for those who contract COVID-19 to sue companies and businesses that may have caused or contributed to the spread of the virus. Higher Standards for Victims in Court Any person that sues a business for any injury related to contracting COVID… Read More »

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Constructive Knowledge In Slip And Fall Cases

By Kelly Barcia Nuñez |

In slip and fall accidents, words like notice or foreseeability are often thrown around. But what do those words mean in the context of premises liability—in other words, the standard slip and fall case? Actual Knowledge Florida law makes it tougher to sue a business for a fall than you may think. Under Florida… Read More »

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Proving Future Lost Wages In Injury Cases

By Kelly Barcia Nuñez |

In life, there is both the past and the future. This isn’t just some metaphysical or philosophical statements, it’s also one that lawyers should remember when considering their clients damages in personal injury cases. Many lawyers will give a lot of attention to losses that their client has already sustained, and certainly, this is… Read More »

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What Is The Accident Report Privilege?

By Kelly Barcia Nuñez |

When someone is involved in a car accident there will often be a police report written up. That police report is important to your case—but it may not be as important as you may think. That’s because there are restrictions as to how that police report can be used in court, should your personal… Read More »

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