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Category Archives: Personal Injury

ThingsToKnow

Tort Reform Changes In Florida Mean Defendants Get Away With Careless Behavior

By Kelly Barcia Nuñez |

Recently, the Florida legislature passed new laws, called “tort reform.” Tort reform is a word that is sold to the public as being helpful to society, or avoiding lawsuits, but really what tort reform does is hurt victims, and make it easier for careless Defendants to get away with their actions. Regardless of what… Read More »

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Injury2

Dealing With Pre-Existing Injuries In Your Case

By Kelly Barcia Nuñez |

In any personal injury case, causation is an issue. To win your case, you have to not only prove that the other side was negligent, but that the negligence caused your actual injury. In many cases, this is easy to prove. If you are healthy, and you are hit by a car, and immediately… Read More »

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Liability7

Can Both Parties To An Injury Lawsuit Be Liable For An Accident?

By Kelly Barcia Nuñez |

In some car accidents, it is clear who is at fault. Rear end accidents, or someone running a red light make it clear who caused the accident and who didn’t. But sometimes, it isn’t so easy to tell who caused an accident. And that means that both parties to the accident point the finger… Read More »

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There’s Not Much Government Oversight Over Amusement Parks And Carnivals

By Kelly Barcia Nuñez |

Here in South Florida, it seems like amusement park or carnival weather is a year round event, and that’s not even counting the many fixed-location amusement parks, such as Disney or Universal or Busch Gardens or so many others. When you go to a carnival or amusement park, you assume the rides are safe,… Read More »

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Legal14

Victims Should Look Out For Insurance Companies That Act In Bad Faith

By Kelly Barcia Nuñez |

It is just a fact of life that insurance companies are in business to make money. If they just pay everybody who is injured, they would go out of business (at least, according to them). So, the business model for the typical insurance company is to deny claims, or make it as difficult for… Read More »

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Be Careful Of The Risks Of Arbitration In Your Injury Case

By Kelly Barcia Nuñez |

If you speak to any personal injury attorneys, you will find that they very much are against arbitration. In many cases, injury attorneys lobby in congress, to try to minimize the use and effects of arbitration. But why? What is so wrong about your personal injury case going to arbitration? Turns out there are… Read More »

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CarAccidentPeople

Things You Didn’t Know About Personal Injury Protection

By Kelly Barcia Nuñez |

Personal Injury Protection, or PIP, is the mandatory insurance that all drivers are required to carry. PIP protects you and provides you money for medical care and treatment, and for lost wages. Many people just lump PIP in with “car insurance,” but PIP is a very special and very specific kind of insurance. Even… Read More »

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The Complex Relationship Between Defendants And Insurance Companies

By Kelly Barcia Nuñez |

When you sue a Defendant, you may be a little confused, because often we talk about the Defendant in an injury case, and then other times, we talk about the insurance company. You may even hear your own injury attorney speak about the Defendant, but also about the insurance company. But which is it—are… Read More »

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JuryBox

Don’t Forget Those Jury Instructions

By Kelly Barcia Nuñez |

In a personal injury trial, it is the jury that is charged with having to resolve disputed issues of fact. Fundamental questions like who did what, who said what, or how injured you are, all issues that may be disputed by the other side will ultimately be decided by the jury. Applying the Facts… Read More »

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Elevators May Not Be As Safe As You Think

By Kelly Barcia Nuñez |

We don’t often think of going into an elevator as being a dangerous activity. And for the most part it isn’t; elevators don’t injure very many people. But they do cause injury more than we think, and the image of elevators being safe—at least, safer than the stairs—may not be entirely accurate. Accuracy is… Read More »

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