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What Is A Fabre Defendant?

By Kelly Barcia Nuñez |

Sometimes when suing people for negligence, the parties being sued like to point the finger. A store that’s blamed for poorly maintaining a floor, will blame the cleaning company. A driver that rear ends your car, will blame the car behind them. Pointing the finger tends to be a natural human reaction. But in… Read More »

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Tips To Being A Good Personal Injury Witness

By Kelly Barcia Nuñez |

Most personal injuries cases settle before trial. That means it’s unlikely that you will ever be a witness in trial. In fact, if your case settles even before a lawsuit is filed, you won’t even have to have a deposition taken. Your Job Starts at Deposition But if a lawsuit is filed, your job… Read More »

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Unfairly Prejudicial Evidence In Personal Injury Trials

By Kelly Barcia Nuñez |

In a personal injury trial, can you use whatever evidence you want that helps your case? It should be that way. After all, if it is relevant to the case, and is not frivolous, and is otherwise admissible (it’s not hearsay or excluded by some other evidentiary rule) why wouldn’t you be able to… Read More »

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The Judge And The Jury: Who Does What?

By Kelly Barcia Nuñez |

In your personal injury case, you may hear your injury lawyer talk both about a judge and a jury. We’re taught that we have a right to a jury, and that a jury of our peers will make decisions about our case. Yet, in trial, there is still a judge, and as your case… Read More »

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Do Temporary Workers Get Workers’ Compensation In Florida?

By Kelly Barcia Nuñez |

When we talk about workers’ compensation and who is entitled to benefits, we usually are talking about full time, permanent employees. But what about temporary employees? Do temporary employees get workers’ compensation benefits? Joint Employers While a regular, full time employee has one employer (at least, one oer job), a temporary employee sometimes has… Read More »

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Governor Vetoes Repeal Of PIP Laws

By Kelly Barcia Nuñez |

Florida has once again failed to reform its personal injury protection (PIP) laws. This time, the legislature actually did pass a full repeal of the law, but the governor has vetoed that repeal, leaving PIP laws in place, at least for now. What is PIP? PIP is the insurance that every driver in Florida… Read More »

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Help! The Judge In My Case Doesn’t Like Me!

By Kelly Barcia Nuñez |

Whenever things don’t go someone’s way during a personal injury trial, often, the victim or the Defendant is quick to say “the judge is biased!” Of course, that is rarely ever the case, but for a layperson who is unfamiliar with the legal system, it is an understandable reaction. That said, the law has… Read More »

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What Is An Open And Obvious Condition?

By Kelly Barcia Nuñez |

Sometimes, dangerous conditions are hidden and hard to see, and they cause injury to us when we slip and fall on them. But other times, conditions that are dangerous, are more visible. In fact, they often can be plainly seen. Can you sue if you are injured after falling on something that is in… Read More »

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WorkInjuryClaim

Do Seasonal Employees Get Workers’ Compensation?

By Kelly Barcia Nuñez |

If you have short term work, and you are injured on the job you may be wondering whether you qualify for workers’ compensation coverage, or whether your employer must provide you such coverage. The initial question to ask is what kind of employee you are, if your position does not employ you for the… Read More »

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Workers’ Compensation And The Family Medical Leave Act-Which Takes Precedence?

By Kelly Barcia Nuñez |

In a workers’ compensation case, an employer will often have the option to offer an injured worker light or altered duty, to provide the worker the chance to work and make money, without having to return to the worker’s normal job duties which he or she may not be able to do because of… Read More »

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