January 19, 2023
When Jury Trials Are Necessary
Personal Injury Lawyer
As an experienced personal injury lawyer from Florida Personal Injury Attorney explains, a jury trial is a legal proceeding in which a jury of peers decides the outcome of a case. Jury trials are an essential part of our judicial system, as they ensure that decisions are made by ordinary citizens rather than by judges alone. This article will provide an overview of what happens during and after a jury trial, including selection of jurors, presentation of evidence, deliberations, and verdicts. Read on to learn more about this important aspect of our justice system!
When Jury Trials Are Necessary
A case may go to trial for a variety of reasons. In some cases, the parties involved cannot reach a settlement agreement on their own and thus must have the issues resolved in court by a jury. Additionally, in some cases the parties involved may feel that a jury trial is necessary to obtain justice due to the gravity of the alleged criminal act or civil wrongs.
Criminal Case Trials
In criminal cases, going to trial ensures that an accused perpetrator has his or her day in court and that issues such as guilt and innocence are decided by a jury of peers rather than solely by a judge. In civil cases, going to trial allows both sides to present evidence regarding their dispute and involves jurors who will decide who is liable for damages suffered.
Contributing Factors
When deciding if a case should go to trial, there are several factors that must be considered. These include whether or not there is enough evidence available to prove guilt or liability; whether witnesses can be subpoenaed; if there are any potential legal arguments that could be made; and how long it would take for a verdict to be reached if the case did indeed go to trial. Additionally, financial considerations such as attorney fees and other related costs must also be taken into account when deciding on whether or not a case should proceed with litigation. Finally, each party must weigh all of these factors carefully before making their decision so as not to make an imprudent choice which could lead to unforeseen consequences down the line.
Additional Factors
Whether or not a case goes to trial ultimately depends on what is best for the parties involved and takes into consideration many different factors such as legal precedent, cost, time allotted for proceedings, evidence available and witnesses required among other things. Ultimately it can be concluded that going through with litigation should only be done after careful deliberation between all parties involved – including attorneys – so as not to enter into an agreement which could potentially produce undesirable outcomes in court later on down the line!
January 13, 2023
Driver Flees Police, Causes Multi-Car Crash
On January 4th, 2023, a car accident sent multiple people to the hospital in need of medical attention. An investigation is underway involving a scene that occurred overnight in West Palm Beach, Florida. Among those injured was a police officer and several members of the public. West Palm Beach law enforcement stated this incident happened around 10:30 p.m. when an undercover officer tried to halt a Ford Crown Victoria at Tamarind Avenue and 8th Street. There were two people in the Ford, both a man and woman, in which the driver backed up into two police vehicles and sped off.
West Palm Beach police have found the car driver that escaped the traffic stop as Willie Brown, Jr. of Boynton Beach. The passenger in his vehicle was Charlene Brown of Miami. As Brown backed into two police cars, he also struck an officer who was on foot and dragged him prior to taking off. The police officer sustained a leg injury, was taken to the hospital, received medical attention, and was released.
After attempting to halt the driver, officers pursued the Ford briefly but then called it off. Brown had hit two other vehicles at the intersection of Division Avenue and 15th Street. The driver was traveling at a high rate of speed when he entered the intersection, sped through the stop sign, and struck a west and east bound vehicle, van, and a KIA, as they were passing with sufficient force to overturn the van. Those in the accident were taken to the hospital with minor injuries, received treatment, and released.
Brown and passenger Charlene were hospitalized for serious conditions but law enforcement stated they are anticipated to survive. Police say that the situation could have been more tragic, and that the offender will face charges for fleeing and eluding police, in addition to aggravated battery upon release from the hospital.
As the team at Tuttle Larsen, P.A. have seen before, all too often people who were just going about their day can suddenly become victims n a serious accident where physical injury and property damage result. Every person who gets behind the driver’s seat of a vehicle has the duty to drive it safely and with regard for others who share the road. In the example provided here, a driver had not only attempted to elude police, but was reckless with the lives of those nearby. The prosecution will pursue charges on the criminal level for the incident. However, what happens to the victims who were part of the crash? Many people in this same situation would reach out to a Port St. Lucie, FL car accident lawyer about filing a civil case against the offending driver. Through a personal injury lawsuit, the victims can seek restitution for their medical bills, property damage or replacement, loss of earnings, and other ways their life has been affected. When someone is reckless and it leads to the harm of others, those victims can take legal action and seek monetary repayment for what they endured.
January 11, 2023
Car Collisions Cause Tragic Injury And Loss
In Martin County on Saturday January 21, 2023, several people were hospitalized after a Tesla ran a red light and struck a Volkswagen in the area of north Stuart. According to the Sheriff’s Office, the incident occurred on Northeast Savannah Road and Northeast Dixie Highway around midnight. Four out of the five passengers were found on the road when an ambulance and emergency personnel arrived at the location. They were initially thought to have been forcefully ejected from the vehicle, but is unclear how many may have crawled out after the crash.
The engine of the Volkswagen was found around 50 yards away from the vehicle. The driver of the Tesla, a 26 year old of Vero Beach, was given a citation for running a red light, not wearing a seatbelt, and careless driving. The ages and residence of the others involved are not currently available. Injuries appeared to be serious, but hopefully not life-threatening, for all five passengers. How fast the Tesla driver was traveling was a factor in the crash.
This incident comes only about a week after a fatal collision with three tractor-trailers, which happened near Palm City exit at the Florida Turnpike southbound. The crash had closed the turnpike for hours. And before that, another fatal crash involving a Tesla and Chrysler minivan collided, causing a shutdown on U.S. 1 north, near the Roosevelt Bridge.
At Tuttle Larsen, P.A., a Melbourne, FL car accident lawyer has seen the way that victims of crashes, and their surviving family members, can suffer because of another’s recklessness on the roadway. In most cases, car accidents happen because one or more drivers was being careless. In incidents where someone is at-fault, the victim or their surviving family can come forward with a case against the driver responsible. In this way, the victim or their family can get the support they need during a truly difficult time.
When you are hurting, the last thing you want to deal with is another problem to resolve, which is where our assistance comes in. We advocate for the attention and compensation that our clients deserve for the hardships they faced due to another’s fault. You can rely on our experience and reliable guidance to pull you through. Victims of car accidents may be entitled to repayment for damages and losses such as vehicle repairs or replacement, medical bills, pain and suffering, loss of earnings, and more.
Such as in the examples above, it points to one driver who may have been violating the rules of the road which ultimately left others with serious injury or a loss of life. Most of us drive cars to get where we need to be, whether that is to work, the grocery store, errands, drop our kids off at school, or visit loved ones. Vehicles allow us to travel faster than if we didn’t have them. But unfortunately, part of the risk of driving or being the passenger in a car is that a collision can unfold within a split second.
January 8, 2023
Teen Street Race Causes Death Of Beloved Son
On October 22, 2022, Michael Hoerig was the victim in a car crash with another driver who left him brain-dead. The surviving family of Michael donated his organs, giving other people’s lives in need a second chance. The driver of the car that hit him, Charles Meininger, was 16 years old when the crash occurred. He is now 17 years of age and is being charged at the adult level. Police state that they arrived on scene to see a Camaro that had hit a truck. Through the investigation, they discovered that the driver of the Camaro, Meininger, was driving at a high speed up and down the street numerous times before impact.
Meininger is being charged with illegal racing due to exhibiting a repeated high rate of speed. A witness attests to seeing the driver go up and down the road while speeding several times before the accident occurred. The collision took place in Lutz on Lake Fern Road, where the speed limit is 45 MPH. Police state that the driver had hit Heorig in his truck going at least 80 MPH. The damage to the truck and Heorig was severe due to the high rate of speed.
Michael Heorig was 20 years old when he passed away. His mother expressed that she found comfort knowing that her son seemingly had done all the right things while on his way home. Heorig had the green light, was wearing his seatbelt, and was going a speed of 11 MPH when the Camaro struck him on the driver’s side. The intersection where the incident took place was less than a mile from Heorig’s home. The crash was so severe that the car door had to be removed in order to get Heorig out of the truck. The total speed at impact was 94 MPH, which caused a broken neck, broken spine, and multiple contusions, leading to brain death. The driver, Meininger, faces both felony and misdemeanor charges.
The family of Michael Heorig hopes that this incident raises awareness for the critical dangers of street racing. Parents must stay alert to their teen’s driving behaviors and frequently remind them of the impact that can devastate so many people through their unsafe choices. Ultimately, obtaining justice is what will provide closure for the family of Michael Heorig.
Victims of car accidents and surviving family members may turn to a lawyer from Tuttle Larsen, P.A. in the aftermath of a crash such as the one described here. Surviving loved ones are by law allowed to seek financial restitution from the at-fault driver on behalf of a beloved family member who was taken before their time. A Palm Bay, FL car accident lawyer has seen the way that victims and their relatives can suffer because someone else chose to drive recklessly that day. While seeking monetary compensation at the civil level from the at-fault driver cannot return a lost loved one, it can at least provide financial support and a sense of justice as the family grieves.
December 23, 2022
Considerations For Hiring A Personal Injury Lawyer
Personal Injury Lawyer
Anyone injured at the hands of another in a motor vehicle accident should retain counsel. I’ve been handling injury cases for almost 30 years. I would never contend that any lawyer has access to information that is somehow unavailable to others. Rather, a seasoned lawyer brings three key skills to the table. Knowing where to look, being able to quickly and effectively isolate critical factual information, and then legal principles to that factual information in order to fully and effectively support the claim or defense of the client. The best injury and accident lawyers, through training and experience, have an ability to pinpoint and isolate relevant information and leverage that information to the benefit of their client. What the experienced car accident lawyer does with the information obtained sets them apart, and, indeed, is the reason they should be hired.
An Experienced Lawyer Knows Where and How to Obtain Information
It is not a case that a lawyer would have access to a cache of information hidden from the public at large. Rather, a skilled and experienced injury lawyer like can quickly identify the sources of information which will benefit their client. The lawyer will sift through that information, and select the most important or most influential facts- both positive and negative -and then use the information gathered in a manner that most thoroughly advances the clients interests. A seasoned car accident attorney is going to be immediately familiar with the likely sources of pertinent details about their client’s injury claim. In virtually any catastrophic car accident, medical records and bills, driving records, licensing records, accident reports, police reports, insurance claim databases, location services, and of course legal documents must be consulted, analyzed and understood. These are all sources of data well known to a skilled personal injury lawyer, who does not need to reinvent the wheel for every case, but rather is familiar with who to ask, the questions to ask, and the time-frames within which to expect an answer.
A Seasoned Injury Lawyer Finds The Important Details
For the lawyer who sifts through volumes of data, it’s not really just a question of finding relevant information on a page full of information itself. It’s that, to be sure, plus also understanding how that piece of information fits into the larger picture of the legal claim or defense presented. In other words WHY the information is crucial to a case. Knowing not just what the piece looks like, but where it fits. If you have ever watched a doctor review a stack of medical records or an accountant review a stack of tax returns, you’ll know what I’m talking about.
Imagine a hypothetical scenario. An obviously injured individual presents at a lawyer’s office. That person, who did not have a lawyer before, was a pedestrian crossing a busy street and struck by a city vehicle. Tomorrow is the first anniversary of the event, and the medical expenses incurred by the injured pedestrian are already astronomical- exceeding $100,000. The vehicle was owned by a city employee who was operating the vehicle as part of their job duties. The unfortunate pedestrian has injuries to multiple parts of their body including their neck and their back requiring multiple surgeries. The city driver is arrested at the scene and charged with being intoxicated while driving.
There are numerous facts set forth above that make this- while a tragic case – also a very significant accident case due to the nature of the injuries involved. The lawyer knows the statute of limitations to file a claim is three years. An experienced attorney would immediately recognize that the key fact in this hypothetical is whether or not the city has been placed on statutory notice within one year from the happening of the event- and, if not, that notice must be given today.
An Experienced Accident Attorney Knows How To Use Information
Once the raw information is obtained, a skilled personal injury lawyer has the ability to parse through that information, identify and cull the vital factual detail and assemble this quickly and efficiently into a coherent whole, i.e. a legal claim. It is when the information is gathered and refined, the true role and need for an attorney comes to the fore. A skilled and experienced attorney is able, through a process of both factual and legal analysis, coalesce and assemble that information into a consistent and concise legal claim. An effective lawyer will then present those pertinent factual details, initially, to an insurance claims adjuster. The methods of negotiating with a large insurance company are explored in other articles on the site. Suffice it to say at the conclusion of that process, there will either be an amicable settlement of the claim-or there will not. An experienced lawyer will know if a reasonable offer is being made – or it is not. Any claim that cannot be resolved through settlement as a candidate for litigation. An experienced attorney will know where to file a lawsuit, when to file a lawsuit, how to file a lawsuit and after those initial steps have been taken, will know how to zealously, effectively and completely present those claims in a court of law.
December 10, 2022
Man Arrested In Palm Bay Hit And Run
A man was arrested in connection to a hit and run that occurred in Palm Bay, Florida, according to the Palm Bay Police Department. Law enforcement officers arrested the man roughly one year following the date of the accident. The man fled the scene after striking a vehicle. He later called police and informed them that he might have struck something on the road. However, he fled the scene and was later found to have been high on fentanyl. The man, 54-year-old Emilio Martinez, claimed that the reason he fled the area was because he panicked.
Fleeing the scene of an accident after striking a person is illegal, and anyone found to have fled the scene of an accident can be fully prosecuted under the law. If you have been involved in a hit and run accident and would like to seek legal assistance regarding your case, you can receive help from a lawyer. A Palm Bay, FL car accident lawyer like one from Tuttle Larsen, P.A. has the tools, skills and resources necessary to help you navigate your case and determine what kind of compensation that you can recover. It can be incredibly challenging to handle a claim, especially one that concerns a hit and run, on your own. Your chances of securing full compensation is greatly boosted when you hire a competent lawyer who has experienced handling similar cases.
Legal Services Available
If you are trying to decide how a lawyer can help you with your accident claim, you can schedule a consultation to find out what legal services are available. With a skilled and experienced lawyer at your side to give you personalized and highly specific legal advice, you will not have to worry about whether you are making the right choices or whether your rights will be protected as a personal injury victim. You can have a lawyer evaluate your case and explain the laws, your legal rights and what your next steps should be.
What Can Happen When You Don’t Hire A Lawyer
There are serious risks of not hiring a lawyer when you are going through a difficult legal scenario such as a car accident case. Car accident cases can be challenging to understand, and you may not know what to do as you face different issues. For instance, you may have a hard time dealing with the insurance company because you are having difficulty giving them the evidence that you need, or they may be skeptical of your claim in the first place. Any of these and similar scenarios can be successfully resolved by a top-rated lawyer if you act quickly. Otherwise, you risk getting much lower compensation or you may have your case rejected if it is not handled appropriately.
Speak To An Experienced Lawyer
Find out how you can maximize your compensation if you have been in a hit and run accident like the one in Palm Bay, FL. A trusted lawyer can assist you with many different aspects of your case, and if you ever run into any type of issue you can count on them to handle the complex tasks for you.
December 4, 2022
Car Crashes Into Fireworks Store
A vehicle crashed into a retail store on Monday, Nov. 29, 2022, cursing fireworks to ignite and trigger a large explosion. The Phantom Fireworks store caught fire and was destroyed because of the crash. The Brevard County Fire Department responded to a call at about 4:30 p.m. concerning a fire at the location. Witnesses who saw the crash shared footage on social media, which featured a massive plume of smoke engulfing a large portion of the building.
The driver whose vehicle crashed in the store died at the scene. They had previously collided with a truck at an intersection near the fireworks store. The driver of the truck, a 39-year-old woman, was not injured and stayed at the scene to wait for first responders to arrive.
Car accidents can happen unexpectedly, as the incident in Melbourne, FL shows. If you have been injured in a car accident and are seeking ways that you can recover your losses, you can rely on a trusted Melbourne, FL car accident lawyer like one from Tuttle Larsen, P.A. There is a strong chance that you can recover the full compensation amount that you are owed when you hire a lawyer to advocate for your legal rights as a personal injury victim.
Hire a Skilled Lawyer
When you hire a lawyer who specializes in car accidents, you can rest assured that your legal rights will be protected. A lawyer knows how the laws work and what a car accident claim entails, so they can tell you everything that you need to know about your claim. They can explain to you anything that you are confused about as well, because claims often deal with sophisticated legal vocabulary that can be difficult for the average person to comprehend.
What To Do Following A Car Accident
After a car accident, call for help right away. Stay at the scene and follow the instructions of the first responders while you wait for them to arrive. Get medical treatment right away, then collect evidence such as photos and video of the accident. Speak to any witnesses at the scene, and get their firsthand account of the accident. Once you are able to, inform your insurance company that you were in an accident and talk to a lawyer so that you can assess your legal options.
Set Up A Consultation
If you have been in a car accident, such as the one in Melbourne, FL, talk to a lawyer right away. Whether or not you contributed to the accident, a lawyer will protect your rights. During a consultation, you can expect to get a lot of information regarding your case. The lawyer will explain their background and legal services that they can provide, then will do a full assessment of your case. If you have been in a car accident, you may be able to file a valid personal injury claim. For more information, request a consultation with a skilled car accident lawyer who can give you the legal counsel you deserve.
December 4, 2022
Pedestrian Killed In Florida Car Accident
A pedestrian was killed after being struck by a vehicle on November 17, 2022 in Port St. Lucie, Florida. The fatal accident occurred in the early mornings at 1:40 a.m. The 29-year-old victim was walking along Southwest Savona Boulevard when a Chevrolet Malibu was traveling southbound. The victim was walking along the road when they were struck by the vehicle, and was pushing her groceries at the time of the accident, according to police who were investigating the incident. First responders took the victim, Courtney Jenkins, to a nearby hospital, where she later died of her injuries and was pronounced dead. The location of the car accident was near Interstate 95.
Car accidents such as the one on Savona Boulevard in Port St. Lucie, FL are tragic and frequently occur. It is always unfortunate when an accident happens and you are suddenly left with many expenses that can cause you to suffer financial hardships. If you have been in a car accident and suffered egregious injuries as a result, you should not hesitate to seek out legal assistance that you can count on. There are affordable and high-quality legal services that you can get from an experienced lawyer who has a meaningful record of helping car accident victims recover the compensation that they need.
What You Can Gain From Hiring A Lawyer
There are many reasons to hire a lawyer if you have been in a car accident and want to know how you can recover any of the losses that you have suffered. One of the biggest reasons to hire a lawyer whenever you have to file a claim is that you can get assistance and advice specific to your unique case. From legal paperwork to representation in the event of a trial, a car accident lawyer can offer you the essential services you need to arrive at a successful case outcome.
Damages You May Recover
Both economic and non-economic damages may be eligible for you to recover if you have been in a serious car accident as a skilled Port St. Lucie, FL car accident lawyer like one from Tuttle Larsen, P.A. can tell you. There are many types of cases that a lawyer has experience in handling, from cases that involve a few damages to more sophisticated ones that involve millions of dollars in damages. Whatever your needs are, you can rely on an experienced lawyer to do whatever it takes to get you the compensation that you deserve and are entitled to recover.
Schedule a Consultation
If you have been a pedestrian or driver who suffered injuries from a serious car accident similar to the one in Port St. Lucie, FL, you have legal rights as a personal injury victim. Find out what you can do to obtain accessible legal services that you can count on to help you navigate the often complicated claims process. For more information specific to your case, request a consultation with a top-rated car accident lawyer in your area now.
December 1, 2022
5 Questions About Personal Injury Claims
What damages that I can get from a personal injury claim?
Damages are financial compensation awarded to victims in a legal case. When you file a personal injury claim there are many different damages that you can recover to cover the types of losses that you have suffered. Knowing exactly what damages that you can get is critical if you hope to obtain the maximum compensation amount possible. If you do not look through your list of damages carefully and discover that you are missing certain expenses, it will be incredibly difficult for you to revise your list later. Once you accept a settlement amount, you cannot request more money later on.
What is a personal injury claim?
A personal injury accident is a type of accident that results in a victim suffering an injury or illness. Personal injury claims can also include wrongful death scenarios. Investigating a personal injury claim and what caused the accident can be highly complex and difficult to resolve. However, with the help offered by an exceptionally skilled personal injury lawyer, clients have a strong likelihood of getting the outcome that they want and deserve. If you have questions about whether your claim qualifies and is considered valid, visit a trusted lawyer right away so that you can talk about your case in detail.
What can I gain from hiring a lawyer?
A personal injury accident is often life-changing for many people who have survived them, as a trusted lawyer who represents accident victims knows very well. Accidents that result in a victim sustaining injuries as a result of someone else’s negligence. You could be eligible to recover damages if you obtain help from a Vero Beach, FL personal injury lawyer like one from Tuttle Larsen, P.A. A personal injury claim should be handled by a lawyer who understands the legal process, especially if your particular claim is complex or involves se If you need more information, contact a skilled and reputable lawyer right away.
How does the personal injury claims process work?
When you first begin a personal injury claim, there are several things that you should get started with. Gather your evidence like photos, videos, statements and medical records because you will need to present them later. You need to inform your insurance company that you have been involved in an accident and they will tell you what you need to do to start your claim. Having a consultation with a qualified personal injury lawyer can be a good step if you hope to file a claim and need detailed legal assistance. They can assist you through every part of the process so that you don’t make a mistake and put your case at risk of denial.
Why should I hire a lawyer early?
Surviving any kind of personal accident, regardless of whether your injuries were minor or severe, is a difficult experience to go through. You are affected in many ways, and your life may not return to normalcy for some time. A big mistake many accident victims make is waiting until the last minute to seek legal help. Don’t make the mistake of waiting until the last minute to obtain legal assistance. You can rely on a top-rated lawyer to give you legal assistance. Setting up a case evaluation early can help you get started on your case early so that you can begin gathering everything you need for your claim.
November 10, 2022
Who Is Liable If A Tenant Or Guest Is Injured In Their Apartment
Personal Injury Lawyer
Who is liable if a tenant or guest is injured in their apartment?
It seems like most people do not have a great relationship with their landlords. There is just something about the tenant having to rely on someone else to keep their home in working order that puts a strain on things. That can get even worse when the tenant or one of their guests is injured due to an unsafe condition at the apartment. Oftentimes, these sorts of injuries can prompt questions about who was responsible for the accident or whether the injured party can sue the landlord. It turns out that the answer to those questions depends upon the specifics of the injury.
What is the general rule regarding landlord liability?
As a personal injury lawyer can explain, in most states, cases show that generally, a landlord is not liable for injuries suffered by a tenant or his or her guests once he or she has turned over the property. While this may seem like a harsh rule, it is actually a natural consequence of legal policies designed to favor tenants. Once a landlord turns the land over and a tenant starts living there, the landlord loses the right to come and go on the land as he or she pleases, in order to promote the privacy of the tenant who lives there.
Consequently, a landlord cannot be there to inspect the private areas of the apartment and make sure those areas are being kept in a safe condition. If a landlord were to be held liable for such injuries, he or she would have to be constantly checking up on people’s apartments and invading their privacy. However, there are places where this rationale does not apply and landlords may still be held liable.
What about common areas of the property?
There are a variety of exceptions under which a landlord may still be held liable for injuries suffered at apartment buildings that he or she is renting out. First, landlords are liable for injuries in areas of the apartment building where they maintain control. These tend to be injuries occurring in common areas such as tripping on a loose board in a hallway or falling down a poorly lit stairwell.
Are there other exceptions?
The other common exception to the rule is when a landlord is actually aware of the danger on the premises. When this happens, the landlord may be held liable in a couple of cases. First, if he or she attempts to repair it or hires someone to repair it, and those repairs are done negligently, the landlord may be liable for tenant injuries. Second, if it is the sort of defect that the tenant would not be able to discover, the landlord may be liable for hiding the defect or failing to inform the tenant.
Contact a Personal Injury Law Firm
If you have been injured at your rental or while visiting someone, contact a Vero Beach, FL personal injury lawyer from Tuttle Larsen, P.A. Call our office today to schedule a free consultation.
