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Category Archives: Personal Injury

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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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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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Internal Bleeding: Hidden, But Very Dangerous

By Kelly Barcia Nuñez |

When you are injured and start to bleed, you see it. There is blood, and it gets everywhere…right? Well, not always. Sometimes, you can suffer from what is known as internal bleeding. Because the bleeding is inside, it certainly is not readily noticeable, which can make it all the more dangerous if it is… Read More »

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How Much Of A Personal Injury Settlement Is Taxed By The IRS?

By Kelly Barcia Nuñez |

So you’ve settled your personal injury case. What is yours is yours, minus attorneys fees or any medical expenses that you owed, which had to be paid back to the doctors. But what about the IRS? After all, a settlement is money, and any time money is involved, the IRS will want its share…. Read More »

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Falling Into Holes: Funny In Cartoons, Dangerous In Real Life

By Kelly Barcia Nuñez |

In the movies or in cartoons, when a character falls into a giant hole, it’s usually pretty comical. But in real life, holes can be very dangerous, and crippling. Holes in real life normally aren’t the type of holes that are large enough for our entire body to fall into—helpfully those are few and… Read More »

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