Personal Injury Lawyer Archives

Injury Attorneys Report: St. Petersburg Area is Most Dangerous for Cyclists

According to a recent report from the Wall Street Journal, Tampa Bay is one of the most dangerous places for riding a bicycle. In fact, Pinellas County, home to St. Petersburg, was reported as the deadliest of all. With 108 cyclist fatalities in Florida in 2017, that number is only expected to increase. Not every accident ends in a fatality, however. Many victims end up with extensive injuries and benefit from the counsel of experienced injury attorneys.

What to Do If You Are in a Bicycle Accident in St. Petersburg

If you are in an accident while riding your bicycle in St. Petersburg, the first thing you should do is check for injuries and seek medical treatment. As a bicyclist, you are more vulnerable than motorists, so the risk of injury is higher. Even if you don’t believe you have any major injuries, you should still visit a medical professional. It is best to document the treatment you received in case you decide to file a claim.

Gather Evidence

You should also file a police report after the incident. Take care only to report the facts of the case, even if you are angry or stressed by the events. You may say something the at-fault party could use against you. While you are at the scene, take pictures or video of the accident scene, injuries, and property damage. Don’t forget to collect the insurance and contact information for any others involved, including their name, address, phone number, driver’s license info, insurance info, and VIN. It is important to gather contact information for anyone who witnessed the incident as well. If you go to the hospital before you can gather evidence and information, ask a trusted individual or contact your injury attorneys for assistance.

The more evidence you can document from the accident in St. Petersburg, the better your injury attorneys may be able to defend your case if you file a personal injury claim.

Contact Insurance

After you seek treatment and file a police report, the next step is to contact the insurance company of the responsible party and file a claim. Often, the at-fault party’s insurance will concede liability, which means the next step is to determine how much compensation the victim will receive. The insurance company may attempt to settle, but consult your injury attorneys before accepting any settlement or signing any agreement. Accepting a settlement will disqualify you from bringing a claim in the future.

Work with the Injury Attorneys at Berkowitz & Myer

If you have been injured in a bicycle accident, contact the injury attorneys at Berkowitz & Myer in St. Petersburg, Florida. Our team can help you understand your legal options as well as help you file your personal injury claim. We will use our experience and skills to help you receive fair compensation. Call us today at (727) 344-0123 or contact us online to schedule a no-cost consultation.

Understanding Pure Comparative Negligence in Personal Injury Cases

If you are in a car accident in St. Petersburg and suffer injuries that max out your personal injury protection coverage, your personal injury lawyer may help you to sue the at-fault party for punitive damages. Punitive damages provide extra compensation for victims whose injuries were caused by the extreme recklessness or negligence of the at-fault party. This extra compensation can help cover your expenses.

Many drivers in St. Petersburg fight back against these claims, however. Not only do they not want to admit fault, but they also do not want to pay for their negligence. The higher the medical bills and other expenses, the more likely they are to fight back with a personal injury lawyer of their own.

In fact, during a case like this, the defendant may even turn the blame back on you and claim that you are responsible for the accident. With your personal injury lawyer, you can disprove this claim. If the evidence doesn’t disprove the claim, the court may find that neither driver is entirely to blame. Instead, they may determine you both acted in ways that contributed to the accident.

Florida’s Pure Comparative Negligence

Should the court find that two drivers are partially to blame for an accident, Florida’s comparative negligence laws will come into play. This “pure comparative fault” system does not let your level of negligence prevent you from getting the compensation your injuries need. Instead, the fault charged to the claimant is proportionate to the amount awarded in damages. For example, if you are found to be 40% at fault for the crash, you can still recover 60% of your losses from the other party. In this example, if you initially requested $100,000, if you win your case, you will receive $60,000 because you were 40% at fault.

How Fault is Determined in a Personal Injury Case

To determine the percentage of fault for each responsible party, judges examine many different factors. Drivers may contribute to fault by:

Speeding
Driving recklessly
Driving under the influence
Texting and driving
Running red lights
Failing to stop at a stop sign
Not using turn signals

Prepare for a Case with a Personal Injury Lawyer at Berkowitz & Myer

The best way to prepare for a personal injury case is by working with a personal injury lawyer at Berkowitz & Myer. Our St. Petersburg firm has been helping clients recover compensation for their injuries for nearly twenty years. Our excellence and passion make us a strong opponent in the courtroom. To schedule a consultation in St. Petersburg, call us today at (727) 344-0123 or contact us online.

Who Is Responsible For Your Child’s Swimming Pool Accident?

In general, property owners are obligated to keep their properties safe for anyone who might visit them. And should they have a swimming pool on their property, that obligation extends to the condition of the pool itself and almost anyone who might use it.

When it comes to swimming pools, property owners may be deemed liable for almost any personal injury involving someone who was allowed to enter the pool. This includes patrons who use a hotel’s pool while they’re staying there as well as guests who swim in the pools at private residences. In either case, the property owner must, at a minimum, be in full compliance with all the applicable state and local laws and regulations concerning swimming pools, regularly inspect the pool and surrounding area, warn anyone who may use the pool of any known dangers, and fix any unsafe conditions within a reasonable period of time.

Swimming pools are almost always deemed to be an “attractive nuisance”. This means, among other things, that a property owner’s liability for a pool-related accident – especially one involving a child – may even extend to trespassers on the property.

Pool-Related Personal Injuries

The most common types of pool-related personal injuries are as follows:

Drownings and other submission-related injuries;
Dive-related injuries;
Drain-related injuries; and
Slip-and-fall injuries.

Causes of Pool-Related Injuries

Many pool-related personal injuries are the result of one or more foreseeable circumstances, such as the following:

Inadequate Supervision: Whenever children are swimming, there should be an adequate number of adults on-site whose primary focus is to oversee the children. These adults should not be consuming alcoholic beverages or distracted by other activities.
Inadequate Fence/Barrier Around Pool: Although there are no federal laws regarding pool fencing, many states and local municipalities have developed their own laws and/or regulations. In Florida, there is a pool fence statute that applies to public-use pools – and another, more recent one that sets fence requirements and standards for residential pools.
Faulty Swimming Pool Design Or Construction: A poorly designed – or poorly installed – swimming pool can result in a wide variety of injuries. This is especially true with respect to the drainage system on a pool.
Rough-Housing & Rowdiness: Negligent or reckless behavior in and around pools can cause drownings and other serious injuries. The person who is responsible for the pool must make clear that such behavior is dangerous – and ensure it does not occur.
Pool Toys: These can be fun to have at a pool but if they are used improperly, they can cause serious personal injuries. Once again, the person who is responsible for the pool must make sure that all pool toys are used in a safe manner.

What To Do If Your Child Has Had A Swimming Pool Accident

If your child has been involved in a swimming pool accident, you may want to consult with an attorney who specializes in personal injury accidents involving swimming pools. To schedule a free case evaluation with one of our specialists, call Berkowitz & Myer at (727) 344-0123 today.

Tag: Personal Injury Lawyer