Author: MatadorAdmin

When Distracted Drivers Get Injured

If you were distracted and injured in an accident as a result of that distraction, you may be under the impression that you do not have the right to recover any compensation for injuries suffered as a result of the crash. While it is true that injury victims our not absolved of responsibility for their contributions to the circumstances of an injurious crash, you may remain entitled to significant compensation at this time. It is important to make an effort to speak with a lawyer instead of making assumptions about the value of any car accident lawsuit that you may file. You may be entitled to far more than you’ve initially allowed yourself to believe.

Comparative Negligence vs. Contributory Negligence Models

As an experienced Melbourne, FL car accident lawyer can explain to you in context and detail, different states employ different models for dealing with issues of partial fault. States like California and Florida employ a legal standard known as pure comparative negligence. This means that even if you were 99% to blame for what happened to you, you can still seek compensation from others who were also partially to blame as a result of their negligent, reckless, or intentionally dangerous conduct. But, if you were injured in a contributory negligence state, you may be barred from seeking compensation if you were more than 50% to blame for your crash or you were more at fault than any defendant you would name in a than any defendant you would name in a lawsuit.

Determining Causation and Fault

To determine whether you have viable grounds upon which to seek compensation for your injuries, a lawyer will need to investigate the circumstances of your crash. Doing so will allow you to fully understand all the factors that contributed to the crash and who/what may be held legally and financially responsible for harm caused by the accident. Although you were distracted while behind the wheel, another driver, a manufacturer of defective auto parts, or even a government agency tasked with safe road maintenance may also be partially to blame. Only after determining causation and fault accurately can you make informed decisions about whether filing legal action is worth your effort at this time.

The one exception to this rule comes into play in the case of work-related accidents. If you are classified as a full-time or part-time employee, you’re eligible for workers’ compensation benefits, and you were engaged in work-related activities at the time of your crash, you may be eligible for workers’ compensation benefits even if your wreck was 100 percent your fault.  

Legal Assistance Is Available

If you’ve recently suffered injuries as the result of a car crash caused in part by distraction, connect with the experienced attorneys at Tuttle Law, P.A. to learn about your rights and options under the law. Simply because you were distracted – purposefully or unintentionally – at the time of impact, doesn’t mean that you’re necessarily barred from seeking considerable compensation for your injuries. Connect with our firm today to learn more. We look forward to speaking with you.

Florida Felons Face Danger At The Polls

Several years ago, Florida grabbed the nation’s attention when it passed a state constitutional amendment related to voting rights. During a moment in U.S. history when most voting rights stories concern voter suppression, this story out of Florida served as a ray of hope for millions of people across the country who hope to one day be in a position to cast a vote again.

Florida’s 2018 Constitutional Amendment 4 restored voting rights to the majority of Floridians who had previously been convicted of criminal conduct but had since served their debt to society. This policy shift, which was overwhelmingly supported by Floridians as a whole, served as an important point of recognition that the criminal justice system primarily serves as a way to deter criminal conduct and to hold individuals accountable for wrongdoing – not to brand most offenders with their crimes for the rest of their lives. This amendment reinforced the reality that once someone has served the terms of their sentence, they should be allowed to fully reintegrate into society without the weight of past conduct constantly weighing them down.

Unfortunately, and perhaps somewhat predictably, former Floridian criminal offenders are now facing hazards at polling places in the Sunshine State. Individuals who are unaware that they have outstanding unpaid fines on their criminal record – which means that the terms of a criminal sentence or another aspect of their criminal offense process remain unresolved, often in very minor ways – have been arrested and charged with fraud for “voting with unpaid fines or court fees.”

Prosecutors who are eager to claim victory on a technicality are going after individuals whose rights have been restored for “voting while ineligible” simply because they have minor fines on their record, often as a result of brief detainment in a county jail during some point in their justice journeys.

Restoring Rights, Protecting Your Future

The experienced Vero Beach, FL criminal defense lawyer team at Tuttle Law, P.A. is passionate about advocating on behalf of the rights of those who have been accused of criminal wrongdoing. Our passion for advocacy doesn’t end when charges against a client are dropped or a client is convicted of charges but we’ve been able to successfully mitigate the consequences they’ll face as a result of that conviction. Our dedication to our clients, and to working for a fair application of justice within the criminal justice system as a whole, is sustained for as long as our clients need us.

If you have served the terms of your sentence but you are still afraid to vote because of the disturbing stories in the news of prosecuting voters who exercise their right to cast a ballot with unpaid fines on their record, connect with us today for some help. We can help to verify whether there are any unpaid fines on your account and whether it is truly safe for you to cast a vote. We are here to help, regardless of where you are in your criminal justice journey timeline.

Dangerous Holiday Roads in Florida

There is a popular misconception that it is often safer to drive on the holidays because fewer individuals are commuting to or from work. While the roads are often less congested on the holidays, it is an unfortunate reality that it is generally much more dangerous to drive during the holidays than it is on an average work day. With that said, as recent trends on Florida roads illustrate, the time of day during which you drive on the holidays may either escalate or mitigate your risk of being involved in an accident during what is supposed to be a joyous or relaxing time.

Labor Day Example

Over the Labor Day weekend, many Floridians take time to celebrate the end of summer and to mark the start of another school year. Many teenagers are in celebration mode as they achieve milestones such as starting college or starting their senior year of high school. When joyous emotions run high and social gatherings occur at a much more frequent rate than they normally do, people tend to overindulge, people tend to get distracted, and people tend to get in accidents.

One would assume, with so much alcohol being imbibed and so many social gatherings occurring over the long weekend, that the most dangerous times to take to the road over Labor Day would be Friday night, Saturday night, and in the very early morning hours of both Saturday and Sunday. However, this assumption would be incorrect. According to AAA, the most dangerous times to travel over Labor Day weekend are actually Thursday and Friday afternoons. This is, presumably, because traffic will be at its worst and people who are planning for the weekend ahead will be at their most distracted.

Other Holidays

Although Labor Day weekend is the deadliest holiday weekend for road travel, other holidays remain very dangerous too. In Florida, New Year’s Eve, Fourth of July, and any holiday that occurs during hurricane season tends to be particularly dangerous. Researching conditions before you leave the house can help you to return there safely once your travels are complete.

Seeking Legal Support

It is important for injury victims to understand that they aren’t alone. Suffering injuries as a result of another’s negligence, recklessness, or intentionally dangerous behavior is always a potentially devastating situation. But suffering this experience at the holidays can be an especially emotional undertaking. You don’t have to shoulder the legal, financial, and insurance-related challenges associated with a crash by yourself. Working with a skilled attorney will allow you the personalized support and guidance you need for your case to be as successful as it can possibly be.

If you have recently been injured as a result of a holiday-related auto accident, know that the experienced Port St. Lucie car accident lawyer team at Tuttle Law, P.A. is here to help. We have extensive experience representing the interests of Florida car accident injury victims and we can work diligently on your behalf to secure any and all compensation to which you may be entitled.

When Unsafe Florida Roads Cause Deaths

According to the National Safety Council, more than 45,000 individuals were killed on American roads in 2021 alone. Put another way, the equivalent of one regional jet ferrying 125 people every day crashing and killing everyone on board is the number of people lost on American roads every single day that passes. If you stop, re-read this statistic, and really start to think about how each of these individuals was a member of a family, had friends, was valued, and was unique, processing that statistic can quickly inspire overwhelming emotions.

Tragically, far too many of these lives are lost every year on particularly dangerous roads in Florida. The National Safety Council recently identified 60 specific “hot spots” across the country. These hot spots are particularly dangerous stretches of road. Of the top 60 hot spots in 50 states, SEVEN of them are located on a SINGLE stretch of highway in Florida.

Although this reality is maddening, it provides Floridians with a hopeful opportunity to prevent additional deaths. If some of the most dangerous road conditions in Florida can be properly addressed, countless lives may be saved as a result of that effort.

Legal Options for Victims of Crashes Along Unsafe Stretches of Road

As an experienced Fort Pierce, FL car accident lawyer – including those who practice at Tuttle Law, P.A. – can confirm, car accident injury victims are too often under the impression that if another driver didn’t cause their accident, they have no grounds upon which to file a lawsuit. This is simply not true in many cases.

In order to pursue compensation successfully in a personal injury lawsuit, an injury victim must be able to prove that the named defendant in their lawsuit caused their injuries as a result of negligence, recklessness, or intentionally dangerous actions or inactions. Unnamed personal injury defendant does not have to be an individual. Car accident injury victims regularly sue the manufacturers of defective auto parts, trucking companies, and even government agencies tasked with ensuring that a particular area of road is safe to drive upon.

If you have been injured as a result of unsafe road conditions, even if your accident was a single vehicle accident, you may be in a position to pursue personal injury damages from anyone tasked with safely maintaining the road you were driving on when your harm occurred.

If you are unsure of whether you are in a position to name a government agency as a defendant in a personal injury lawsuit, that is more than okay. It is often difficult to confirm who or what may be held accountable for harm caused by a crash at first glance. Instead of making assumptions, connect with an experienced personal injury lawyer who can advise you as to your rights and options after evaluating the specific circumstances that led to your unique crash scenario. Once you understand what your options are, you can make informed decisions about your next steps.

Why Should I Hire A Personal Injury Lawyer?

Hiring a personal injury lawyer is one of the best things you can do after suffering personal injury during a motor vehicle accident. A legal professional represents your interests and works tirelessly to negotiate with insurance companies so you can obtain the financial compensation you deserve. 

You need to heal from your injuries and devote your time to recovering. A personal injury lawyer can order medical records and medical bills that will be necessary for establishing the liability of the other party. When you retain a personal injury lawyer you don’t have to worry about requesting these records, analyzing them, and producing them during the discovery phase of your case. 

Lastly, hiring a personal injury lawyer means that you will not fall victim to the nefarious tactics used by insurance companies and other large entities. These companies do not want to pay you the monetary compensation you deserve for the injuries you have suffered. An insurance company representative may attempt to speak with you on the phone to trick you into admitting liability. Also, insurance companies may attempt to send you correspondence requesting information when in fact they are trying to get you to admit liability in writing. 

Do not hesitate to contact Tuttle Personal Injury Lawyers today to schedule a free consultation. We understand how scared you can be after suffering personal injury during a motor vehicle collision. Contact us today to learn more about the benefits of hiring a personal injury lawyer. 

How Much Will It Cost Me To Hire A Personal Injury Lawyer? 

Hiring a personal injury lawyer is an investment. However, you do not have to pay any fees when you hire a personal injury lawyer to represent you. A personal injury lawyer will perform all the work for your case and only deduct a fee from the final settlement amount. 

A personal injury lawyer typically takes a 33% fee from the final settlement amount after your case is resolved. This means that you will pay your attorney out of your settlement amount, and you do not have to pay your attorney anything if you do not recover financial compensation for your injuries. 

Contact Tuttle Personal Injury Lawyers Today To Schedule A Free Consultation

Reaching out for help during your time of need can be frightening. If you need a car accident lawyer in Melbourne, Florida considers speaking to a member of our legal team at Tuttle Law Injury Attorneys in Vero Beach, Florida. We have decades of experience representing clients who suffered injuries during motor vehicle accidents. Contact us today to learn more about the legal services we offer. 

If you have suffered personal injury during a motor vehicle accident contact Tuttle Personal Injury Lawyers today to schedule a free consultation during which we can discuss the facts of your case. Our legal team possesses the knowledge and expertise necessary to represent you and your legal interests. Call our office today to learn more about the legal services we offer. 

How Should You Calculate Compensation? 

It is important to come up with proper and realistic compensation amounts when filing a car accident claim. Whether you are hoping to settle outside of court with an insurance company or are seeking more compensation than they were willing to give, you should absolutely have a lawyer on your side to help show you how much you deserve. An experienced car accident lawyer will know what kind of things a judge will find fair. Some of the most common things a lawyer will seek in a case include damages for all of your medical costs, damaged property, and even potentially pain and suffering or lost wages due to missed work. You and your family should not have to suffer financially at all because of an accident that was not your fault. The at fault party should step up to keep things the same for you. 

What Kind of Things Will a Lawyer Do? 

A car accident lawyer will come up with good arguments to use in court, he or she will know what a judge will think is fair, and will be able to collect any kind of evidence that may be necessary to show in court. Some of this may include photos of the scene of the accident, witness statements – including those of expert witnesses, such as doctors who can testify how the accident will affect your life physically – and even do a deep dive into the police report and your medical records to solidify your case. 

Often, when people get involved in car accidents, they do not know what to do in order to get the amount of compensation they deserve. This is why it is so important to have an experienced car accident lawyer in Melbourne, Florida from Tuttle Law, P.A. on your side. What can a lawyer do to help you, though? How can he or she bolster your case to have the best possible chance at winning, and at gaining the compensation you surely deserve? Continue reading to find out. 

Contact a Lawyer Today

Make sure to reach out to an experienced car accident lawyer as soon as you are involved in an accident. Your lawyer can help make sure that your case gets filed on time as well as walk you through the entire thing. He or she will help create arguments to use in court and will do their best to get the compensation you deserve. 

Benefits of Working with an FTCA Specialist

If you’re not familiar with the term, FTCA stands for Federal Tort Claims Act and refers to an area of federal law that gives people the ability to sue the government when they are injured as a result of negligence on the part of federal employees or contractors, which is where FTCA attorneys can help. Because the consequences can be so serious, it’s important to work with experienced lawyers who know how to navigate this very complex set of laws. Here is more information about working with an FTCA lawyer according to our friends at Cohen & Cohen:

What is a Federal Tort Claims Act (FTCA) Lawyer?

In the event that you have experienced any kind of harm or losses as a result of negligence on behalf of the federal government, it is best to consult a Federal Tort Claims Act (FTCA) lawyer. These attorneys can help you by explaining your options and ensuring that all potential claims are met.

1. If you’re going through a divorce, then an FTCA attorney can help guide you through a challenging time and make it much less stressful.
2. If you are facing foreclosure or bankruptcy, then they can also help.
3. These attorneys have knowledge in both family law and criminal law so will be able to provide insight for either type of situation depending on your needs.

Why You Need One

FTCA lawyers help those who have been assaulted, sexually harassed, and/or injured by military personnel. To ensure your case is being handled properly and that you are being taken care of, it’s best to hire an attorney familiar with the Code to Prevent Retaliation in Employment (CPRE). There are several advantages that come from working with a knowledgeable FTCA attorney including: speed up the process, peace of mind in knowing your advocate has handled many cases before yours and can handle yours as well, and experienced knowledge on employment laws helps guarantee you’re not caught off guard during a deposition or trial preparation for employment conditions after discharge.

How To Find A Good FTCA Attorney

There are a number of considerations to take into account when finding the right fit for you. Here are some things to keep in mind as you search for a top-notch FTCA attorney:

• Look at different areas of expertise – Most attorneys focus on one or two major areas, such as contract law, criminal law, family law and so on. You may want to hire someone who has experience in your area but is not the best there is. You can find out which attorneys specialize in your area by checking their website, their social media profiles or searching through case studies they’ve written.
• Check all your options – The easiest way to do this is to go with a company that specializes in individual needs. Some companies will charge a flat fee for hourly rates whereas others will offer the same service for a set price. If you have questions about what’s better for you, it’s wise to contact the companies beforehand and ask them about their packages. Once you have found a few potential candidates, narrow down your selection by researching these three factors: availability (the total amount of time available each week), location (how close are they to where you live) and cost (most companies have sliding scales).
• Ask other people – You’re probably going to be working closely with this person over the course of months or years; make sure it’s someone trustworthy!

If you are in need of a lawyer, contact one today!

Common Bicycle Accident Scenarios 

A bicycle accident lawyer knows that there are a range of scenarios that can lead to a bicycle accident. A collision involving a cyclist and a driver operating a motor vehicle almost always results in the cyclist sustaining more injuries. Due to the minimal protection, they are more vulnerable to suffering head injuries and other severe injuries. Such accidents can happen anywhere. Some of the most common scenarios involving bicycle accidents are described below. 

Changing Lanes 

A cyclist is much smaller than other vehicles, so drivers must be cautious and take the time to properly look before they switch lanes. If they look too quickly or fail to check their blind spots, they might strike the cyclist. When this happens, the cyclist often is not able to avoid the car, causing them to veer off the road, or enter the other lane and hit vehicles coming from the opposite direction.  

Failing to Yield at Intersections

Intersections are one of the most common areas where bicycle collisions happen, as a bicycle accident lawyer like one at Tuttle Law, P.A. can explain. It is a busy place, and vehicles come from all directions. Drivers can have a difficult time seeing cyclists, or they may be in too much of a rush to see where cyclists are coming from. In many intersections, bike lanes are small or unavailable, which increases the chances of an accident occurring. 

Backing Up a Parking Space 

A bicycle accident also commonly happens when a driver is backing up in a parking space, such as in a neighborhood or parking lot, and fails to see a cyclist in their vicinity. Some drivers back up too fast or do not look in all directions, causing them to strike a cyclist suddenly. The cyclist can sustain devastating injuries because they usually cannot do anything to avoid the collision since they are struck from the side. 

Aggressive Driving 

Compared to other vehicles on the road, a cyclist is much slower. This can impede the surrounding traffic, frustrating other drivers and motorists. They can become impatient if they are stuck behind a cyclist, so they might try to go around the cyclist in an unsafe manner. Aggressive driving makes up a significant portion of accidents. 

Schedule a consultation with a trusted bicycle accident lawyer for more information about how you can receive legal services with a personal injury claim. 

Damages in a Bicycle Accident Claim

Cyclists and drivers must share the road, but unfortunately, accidents can happen because there are many drivers who do not exercise enough caution around cyclists. If you have suffered serious injuries as a result of a bicycle accident, there is legal help available so that you can recover the compensation that you deserve. If you have been injured in a personal injury accident, you may be able to receive compensation for the losses that you have suffered. 

Medical Bills

The medical expenses can quickly add up if you have suffered injuries in a bicycle accident, and you may struggle to pay for them. Bicycle accident victims usually sustain bruises and scrapes, as well as more severe injuries like head injuries and spinal injuries. The costs can be steep even if you only have minor injuries. A lawyer can help you list the full damages that you can claim in your case so that you can pay for your medical treatment and the associated expenses for your recovery. 

Emotional Anguish 

Even after you are fully physically recovered, the trauma of an accident can deeply affect your mental health. Many bicycle accident victims suffer from depression, post-traumatic stress disorder, and other psychological issues. They may have trouble riding a bicycle again for some time after their accident. If you are experiencing issues like constant anxiety and an increased amount of stress, you can list emotional anguish in your list of damages. 

Lost Income

A personal injury accident can cause you to experience a severe loss of income. Many people who are bicycle accident victims are unable to go back to work right away while they are recovering from their injuries. As a bicycle accident lawyer like one from Tuttle Law, P.A. can tell you, they will aggressively fight for you so that you can recoup your income-related losses. 

Damaged Property 

When a cyclist is struck by a driver, the cyclist is much more likely to have their property significantly damaged because of the lack of protective barriers. Bicycle accidents usually result in a destroyed bicycle, as well as damaged clothes, safety equipment, electronic devices, and other valuable property that you have. 

Pain and Suffering 

Pain and suffering refer to the physical as well as mental harm that you have experienced as a direct result of the accident. With the help of a lawyer, they can assist you in getting the medical records and other documentation you need to prove that you are going through pain and suffering. 

If you need assistance filing a claim, consult with a reputable bicycle accident lawyer in your area now. 

Nursing Home Abuse Awareness

Early detection of the signs of nursing home abuse empowers victims and their families to take action before things worsen. Also if abuse is suspected to be committed against one victim, it is likely to expose a more widespread pattern of abuse towards other nursing home residents. As a lawyer from a leading law firm Bethesda MD, Brown Keily, LLP can explain, those who have family in nursing homes or assisted living will benefit from familiarizing themselves with the signs of abuse, so that action can be taken more quickly if abuse is ever suspected.

The various signs of abuse range widely in severity and may not always be immediately apparent. Such signs can range from occasional neglect of basic needs, to severe physical abuse.

Initially noticed signs tend to be physical, but there are also psychological cues that can indicate that your loved one may be a victim of abuse. 

Physical signs of abuse:

• Physical abuse warning signs
• Bedsores or pressure ulcers
• Broken and fractured bones
• Bruises, burns, and welts on the skin
• Cuts, lacerations, and skin tears
• Dehydration and malnutrition
• Fatigue, insomnia, or other sleep disorders
• Head and dental injuries
• Illness or infection
• Lack of personal hygiene
• Unexplained weight loss
• Other nursing home injuries

Types of Abuse in Nursing Homes and Assisted Living

The term “nursing home abuse” is a general term used to describe a wide range of abusive practices, not only limited to physical actions that resulted in physical injury. It also includes sexual battery, emotional harm, and psychological abuse. Having a reasonable level of awareness of the signs is essential to taking action when abuse is suspected, and may prevent further abuse to other residents.

Physical Abuse

When nursing home staff members are aware that abusive behaviors are being demonstrated, they are also committing abuse. Physical abuse includes, pushing, kicking, hitting, and anything that causes physical pain or injury to the resident. By members of staff enabling continuation of such physically abusive behaviors, they too are committing abuse.

Emotional Abuse

This includes any kind of action that negatively impacts or otherwise degrades the psychological state of a nursing home resident. Yelling, verbally degrading, taunting, or insulting a resident in a way that is intended to be hurtful are all common examples of emotional abuse that can make a patient’s experience a living nightmare. Emotional abuse is known to contribute to long term anxiety and depression, especially among already physically vulnerable nursing home residents. 

Neglect

By leaving a nursing home resident unattended for periods of time that are longer than what is necessary or safe for them, neglect is being committed. Neglect can also lead to physical harm, such as malnutrition, bedsores, and increases the risk of being left for an extended period of time after being injured in a fall.

Sexual Abuse

Nursing home residents are also vulnerable to potential sexual abuse. Any form of touching or sexual advances can constitute sexual abuse. Residents who are immobile or incapacitated are particularly vulnerable to sexual abuse while under care of nursing home staff.