Jacksonville Personal Injury Lawyer Blog

As a Jacksonville Personal Injury Lawyer many accident victims approach me after an accident and the all ask the same question; "Do I have a Jacksonville Personal Injury Case?" The answer to that question is based on numerous factors and will be best answered during our initial FREE consultation. However, I am going to provide some generalizations of Jacksonville Personal Injury claims that will allow you to be better informed before our initial FREE consultation.

First, a Jacksonville Personal Injury case can arise from a multitude of incidences. The most prevalent being auto collisions between cars, trucks, SUVs, motorcycles, bicycles, and even planes. Additionally in Jacksonville, there are also a large number of boating accidents and personal watercraft accidents. Besides auto collisions, there are slip and falls, assault, battery, and breach of contract. These are just a few of the types of cases I see the most. However, this list is not all inclusive and if you have any questions feel free to contact me.

Secondly, your recovery will depend entirely upon the facts of your case. However, most Jacksonville Personal Injury damages include medical bills, lost wages, property damage, etc. The determination of the exact damages allowable in your case will be discussed during our initial FREE consultation.

Finally, fault will have to be determined. In Florida, the law follows a comparative fault system. This means is your recovery could be reduced by your amount of fault in the accident. A Jacksonville Personal Injury lawyer will be able to evaluate your case and make the proper determination as to fault and your likelihood of recovery.

If you think you may have a Jacksonville Personal Injury case, contact me today. It could prove to make all the difference in your recovery.

After an injury you have a million questions running though your mind. But, the most important question you should be asking yourself is, "should I hire a Ponte Vedra Beach Personal Injury Lawyer?" The answer is quite simply, yes! This is best explained with two hypothetical scenarios, one without a Ponte Vedra Beach Personal Injury lawyer and one with a Ponte Vedra Beach Personal Injury Lawyer.

The facts are the same in both instances, a simple rear-end collision involving two vehicles. This is the example is from the perspective of the driver of the vehicle that was rear-ended.

In this first scenario, the driver did not seek representation from a Ponte Vedra Beach Personal Injury Attorney. Here the crash occurs, and the driver is felling a little shaken up, but thinks he is alright. Since no symptoms have manifested, he decides not to seek medical attention. The next day, an insurance adjuster from the other driver's insurance calls and offers to settle the claim. The driver thinks repairs to his vehicle is adequate compensation and agrees. He signs some paperwork and his vehicle is repaired. Well, later that week, he starts to have severe pain in his neck and back. His doctor informs him he has soft tissue injuries and receives medical attention. He now has a large medical bill and wants the other driver to pay. But, he signed a release and therefore cannot recover. Now, he is stuck with medical bills for an injury he did not cause.

In this scenario, the driver sought legal representation from a Ponte Vedra Beach Personal Injury Lawyer. During his initial FREE consultation, his attorney advised him to seek medical attention just to make sure he was truly alright. There the doctor discovered his soft tissue injures and quickly treated the driver. Additionally, the attorney told him not to talk to the other driver's insurance adjuster. Because he hired a Ponte Vedra Beach Personal Injury Attorney he could be compensated for his medical bills, his auto repairs, and his lost wages from time he had to take off for recovery.

What is the lesson to be learned from these two scenarios? Hire a Ponte Vedra Beach Personal Injury Attorney. Claims against an insurance company are complicated and time consuming, not to mention, not advantageous to the injured party. Having an Attorney on your side will make sure your rights are being protected. So, if you or a loved one have been injured in a car accident, contact a Ponte Vedra Beach Personal Injury Lawyer to discuss what legal remedies may be available to you.

The recent Outbreak of Salmonella Bareilly has been linked to the consumption of Yellowfin Tuna. Although not sold directly to Jacksonville Consumers, you could have consumed the contaminated food like sushi, sashimi, ceviche, or other tuna dishes sold at restaurants and grocery stores. This Outbreak has caused illnesses in 20 different States and the District of Columbia. According to the FDA, over 100 people have fallen sick. Luckily no deaths have been reported in connection with this recent Outbreak of Salmonella.

The manufacture, Moon Marine USA Corp. of Cupertino, California has issued a voluntary recall of their frozen raw Yellowfin Tuna. This recall will affect some 60,000 pounds of Tuna that has been shipped across this nation. The State currently being affected is the Eastern part of the United States and the South. States that are reporting cases of Salmonella are: Florida, Wisconsin, Virginia, Texas, South Carolina, Rhode Island, Pennsylvania, North Carolina, New York, New Jersey, Missouri, Mississippi, Massachusetts, Louisiana, Illinois, Georgia, District of Columbia, Connecticut, Arkansas, and Alabama.

Salmonella is a bacterium that can negatively affect the gastrointestinal tract of an individual whom consumes the contaminated food. It normally takes between 8-72 hours between consumption and when symptoms begin to manifest themselves. Symptoms of Salmonella include abdominal cramps, diarrhea, and fever. These symptoms can becomes more severe in infants, people who are pregnant, the elderly, and those with a weakened immune system.

If you believe you have consumed contaminated food and were required to seek medical attention for your illnesses, contact a Jacksonville Foodborne Illness Attorney today. I can evaluate your case and make sure you are receiving the compensation that you are entitled to.

April marks the beginning of "National Distracted Driving Awareness Month" in Jacksonville and across our Nation. This time, Jacksonville will not only see an increase of Police presence, but some Local Attorneys have taken personal interest in preventing Distracted Driver's in Jacksonville. As a Jacksonville Personal Injury Lawyer, I have seen numerous cases where a distracted driver hits another vehicle simply because they were not paying attention. Unfortunately, sometimes these collisions end in severe injuries or even death!

This recent campaign, by local Jacksonville Attorneys, is geared towards high school students and the amount of accidents caused every year by Jacksonville teen drivers. One of the Spokesmen for the campaign spoke out about the distracted teens and stated "Cell phone increases the risk of an accident by 4 times. Texting is greater than 20 times" compared to non-distracted teens. These attorneys and others are going to be giving presentations at local high schools to better inform students of the risks and dangers involved in texting and driving.

As a Jacksonville Personal Injury Lawyer this is a great Idea. Awareness is the first step in preventing future accidents. Although texting and driving is still not illegal in Florida, it is very dangerous. Not to mention, your liability in the event you cause an accident. An injured party can recover for medical bills, lost wages, pain and suffering, just to name a few avenues for recovery.

Therefore, if you find yourself injured as a result of a Distracted Driver, contact a Jacksonville Personal Injury Lawyer to discuss what legal remedies may be available in your case. I offer FREE consultations and have three convenient offices located in San Marco, Jacksonville, and the Jacksonville Beach area.

A recent accident in Jacksonville, Fl has left one pedestrian dead. According to Florida Highway Patrol (FHP), around 10:30 PM on Thursday night a man walked in front of oncoming traffic and was struck by a truck. Tragically, the pedestrian was killed from the impact. However, as a St. Augustine Pedestrian Accident Attorney, I am confronted with stories just like this one all the time. Whether the accident was caused by the negligence of the driver or the pedestrian, you and your family can still potentially recover for your losses. This is due to Florida's Laws on Comparative Fault. Let me explain.

When a St. Augustine pedestrian accident is caused by a distracted or negligent driver the injured victim can seek redress from the driver for their losses (medical bills, pain and suffering, lost wages, etc.). This is even so if the pedestrian was partially at fault for the accident. For example, if the pedestrian was not crossing at a crosswalk or the distracted by their MP3 player they can still seek recovery. The reason why? Comparative Fault.

Florida follows a comparative fault legal theory regarding negligence cases. What this means is that even an injury victim who might be partially at fault for the accident can recover for the losses they sustained. However, their recovery will be reduced by the amount that a judge or jury determines that party was at fault. For instance, if an injured pedestrian suffered 100,000 in losses and was determined to be 30% at fault; he could only recover 70,000. This is different from other states that have a policy if the injured party is at fault to any degree their recovery is barred.

St. Augustine Pedestrian Accidents happen all the time and sometimes the results can be devastating. Drivers need to put down their phones, MP3 players, and other electronic devices and pay attention to the road. Pedestrians need to be weary of crossing a street not at a designated area and be cautious of motorist. With just a little understanding and compromise, St. Augustine Pedestrians Accidents can be on the decline. So, if you or a loved one has been injured in a St. Augustine Pedestrian Accident, contact a St. Augustine Pedestrian Accident Attorney to discuss what legal remedies may be available to compensate you for your losses.

As a seafood lover, I was disappointed to learn today that the United States Centers for Disease Control and Prevention (CDC) reported a salmonella outbreak in 19 states and the District of Columbia. The CDC has yet to release which states were affected by this outbreak. However, the CDC and other local health officials are still investigating into the source and how many states will ultimately be affected by this outbreak. Although the CDC has yet to confirm what food caused the outbreak, interviewees reported eating sushi, sashimi, or similar foods in several locations during the week before becoming sick.

Considering Ponte Vedra and Jacksonville Beach's delicious arrays of seafood restaurants, diners should bear in mind the recent reports and perhaps consider avoiding raw or under-cooked seafood until the source is identified. Once the food culprit is identified, the CDC will release alert the public. Until then, seafood eaters in Ponte Vedra or Jacksonville Beach should remember that the oldest and youngest individuals in addition to those with weak immune systems are most at risk for becoming ill after eating potentially salmonella-contaminated food.

Symptoms of salmonella poisoning include diarrhea, fever, and abdominal cramps between 12 and 72 hours after someone is exposed to the bacteria. According to health officials, the sickness can last from four to seven days.

If you find yourself or your loved one sick with salmonella poisoning, call your doctor immediately. Then call a Ponte Vedra Personal Injury Attorney to discuss your circumstances and any legal options that may be available to you. I have three convenient offices located in Jacksonville, San Marco and the Jacksonville Beach area.

UPDATE: 100 have fallen sick to this current Outbreak!

UPDATE: The number of people who have fallen sick has increased to 166!!

Last Friday was day full of sunshine and excitement for the weekend for most. Unfortunately, for one Jacksonville resident, his day would end in tragedy. Franklin Wilkerson was riding his motorcycle on Friday evening when an SUV pulled in front of him causing an accident. The injuries Wilkerson sustained were life threatening and he later died at Shands Jacksonville Medical Center.

According to the reports, Wilkerson was traveling on Dunn Ave. when an SUV driven by John Gunder pulled in front of Wilkerson. The driver of the SUV and his passenger were uninjured in this accident. However, Florida Highway Patrol (FHP), who are investigating the incident stated Wilkerson was speeding, but Gunder also pulled directly into Wilkerson's path.

As an Atlantic Beach Motorcycle Injury Attorney, I read about this accident and several issues come to mind. Who was at fault? What kind of insurance does the at-fault party have? Does the at-fault party have insurance? If no insurance, does the injured victims have uninsured motorist coverage? Also, will the victim's family recovery be reduced because he was speeding at the time of the incident? All these questions and more will have to be answered before the victim's family will be compensated for their loss.

As an Atlantic Beach Motorcycle Injury Attorney, I work for my client to fight the insurance companies and get the recovery for my clients they are entitled to. Furthermore, unlike other Personal Injury Lawyers, I reduce my contingency fee to a maximum 25%!! That means more money in your pocket if we recover. So if you or a loved one have been injured in a motorcycle accident or any type of negligence, contact an Atlantic Beach Motorcycle Injury Attorney today to set up FREE consultation and discuss what legal remedies may be available to you.

In Baker County, the driver of a Dodge 3500 killed a 25-year-old Glen St. Mary resident when he ran a stop sign and crashed into the side of the victim's car last Thursday night. According to the reports, Florida Highway Patrol (FHP) said the truck was driving westbound on east Andrews Street heading toward County Road 125 at about 11:40 p.m. when it ran the stop sign.

Randall Hunter Morrow, 25, of Courtland, Miss.--the driver of the truck--and his passenger were wearing seat belts and were uninjured. The victim, who has not yet been named, was driving a Toyota Corolla, not wearing a seatbelt, and was pronounced dead at the scene.

As a Jacksonville Beach Wrongful Death Attorney I read about these incidents and make my own determinations as to fault and will discuss how I would handle a case of this nature. In my opinion, based upon the facts provided be the reports, the at-fault party the truck's driver. Therefore, the estate of the deceased victim could have a claim for wrongful death. The purpose of Florida's Wrongful Death Act is to shift the losses resulting from a wrongful death from the survivors of the deceased to the wrongdoer.

Basically, if the victim had not died and could have brought an action for damages against the person who injured them, then the victim's survivors may bring an action for Jacksonville Beach Wrongful Death. All the survivors must prove is that the person who caused the death of their loved one was negligent in their actions. Those who count as survivors are the victim's spouse, children, parents, and those blood relatives who depended on the victim for support or services.

However, it is imperative to consider that if the police find that the victim's failure to wear a seat belt contributed to the negligence causing his death, the survivors in this case might reclaim a reduced amount of damages. This contributory negligence does not completely undermine the action, though, so the survivors may still bring the claim against the truck driver.

The nuances of a Jacksonville Beach Wrongful Death Action are complex and often time consuming. However, you do not have to go into it alone. A Jacksonville Beach Wrongful Death Attorney can work for you and make sure your rights are being protected while you recover from your losses. Therefore, if your loved one was killed as a result of another's negligence, you may have a claim for a Jacksonville Beach Wrongful Death. Contact a Jacksonville Beach Wrongful Death Attorney to discuss your circumstances and any options that may be available to you and your family.

Last week, Shirley McClellan, of Yulee near Fernandina Beach, Florida was involved in a tragic accident that ultimately took her life. Two others were also involved in this accident and taken to Local Florida Hospitals for medical treatment. Florida Police stated all were wearing safety belts and do not believe that alcohol was a contributing factor. However, as the Florida Police continue to investigate, Criminal Charges may arise if warranted.

The accident occurred during the early morning hours of Thursday March 22, 2012. According to the reports, Gennie McClellam was driving her Nissan sedan westbound on A1A when she attempted to turn onto I-95 South. Unfortunately, she turned directly into the path of an oncoming log truck. The truck driver was not able to stop or prevent the collision and collided with the passenger side of the sedan. Shirley McClellan was killed instantly and the other two were taken to the Hospital for medical treatment.

Although, as a Jacksonville Criminal Defense Lawyer will tell you the driver of the sedan, Gennie, could be facing Yulee Criminal Charges for failure to yield and causing the death of another. However, the pain does not end there. As a Jacksonville Personal Injury Lawyer the driver of the sedan could be facing Yulee Personal Injury Claims as well. An injured victim of a Yulee Car Accident can bring Yulee Personal Injury Claims. In this case, the truck driver could bring a civil suit against the driver of the sedan. This is even so if the truck driver is determined to be at fault, to a degree. In Jacksonville, Florida and across the state, the Courts follow a Contributory Fault. This means an at-fault party may recover from the other Negligence party, but their recovery would be reduced by the percentage of fault attributed to them.

A Yulee Personal Injury Claim can become cumbersome and time consuming, especially when dealing with injuries or the loss of a loved one. Therefore, the advice and counsel of a Jacksonville Personal Injury Lawyer could prove to be invaluable in your case. As a Jacksonville Personal Injury Lawyer I can review your case, negotiate with the insurance companies, to make sure your rights are being protected, and to get you the compensation you are entitled to. I offer FREE consultations and have offices located in Jacksonville, San Marco, and the Jacksonville Beach Area.

Local Florida Resident dies as his Airboat takes an unexpected turn Tuesday morning. The accident occurred early Tuesday morning when two gentlemen set out for a day of boating and fishing. According to reports, the incident occurred shortly after putting in at the Rodman Reservoir in Putnam County.

As a St. Augustine Personal Injury Lawyer, this incident brings several questions to mind. First, what made the boat make a sudden, unexpected turn? Second, was the boat defective? Finally, was the victim married and/or with minor children? The answer to these questions will ultimately decide if the family of the victim has an avenue for recovery. Although, the recovery will not bring the victim back, it does allow the family some closure and support in moving on with their lives.

The victim's family, if fault can be established in a third party, could have a viable lawsuit for a St. Augustine Wrongful Death Action and potentially a St. Augustine Defective Product Action. The approaches to and permitted recovery from either case varies widely, but the ultimate goal is to make the at-fault party pay compensation to those who are entitled to and suffered from the at-fault party's negligent actions. A Personal Injury or Wrongful Death Action is a complex and time-consuming process, which is why the advice and counsel of a St. Augustine Personal Injury Lawyer may prove advantageous in your case.

Two months ago the Costa Concordia struck a reef of the coast of Italy and began to sink. Crew and passengers alike were misinformed and unprepared for what was to occur. The causes of the accident and charges against the Captain have mudded the waters for the families wanting closure from this tragic accident. Now the latest discovery, occurring on Monday, has continued this tragedy when divers recovered five (5) more bodies from the wreckage.

This incident continues to be on the mind and souls of all those lost. Families are trying to put the pieces back together after losing loved ones in this tragic incident. As a Jacksonville Personal Injury Lawyer my heart goes out to those families.

The following months are going to be the hardest for those families who have lost someone. However, you don't have to go through it alone. As a Jacksonville Personal Injury Lawyer I can assist in getting you and your family the compensation they are entitled to from the injury or loss of a loved one. Therefore, if you have lost someone in this accident off the coast of Italy, contact a Jacksonville Personal Injury Lawyer today.

Jacksonville Parents, the U.S. Consumer Product Safety Commission (CPSC) has just released a recall of Push N' Snap Cabinet Locks due to their ineffectiveness of preventing children from entering the restricted area. According to the report, children can open the locks and gain access to cabinets posing a risk of injury due to consumption of dangerous or hazardous items. There were about 900,000 units sold in the US that are the subject of this recall. Additionally, the bikes were sold at Bed, Bath, and Beyond and other retailers across the U.S. between January 2004 and February 2012. The locks sold for between $2 and $4.

The recall is for the Safety 1st Push N' Snap cabinet locks. The model numbers are 48391 and 48442. The model numbers can be located on the back of the product as well as several other locations on the item. Currently, there have 200 reported incidents with 3 resulting in children gaining access to hazardous items and receiving medical attention. The CPSC advises the consumer to immediately stop use of the product and to contact the authorized dealer for a free replacement of the safety lock. In addition, the CPSC urges families who remove the locks to also remove the hazardous items as well and place in a location not accessible to children.

Jacksonville residents use a multitude of products everyday and we expect manufactures to have exercised reasonable care to make a safe product for the public. Unfortunately, some dangerous products make it past the safety measures and when that happens, injuries are likely to result. If you or a loved one have been injured from a defective product, contact a Jacksonville Personal Injury Lawyer to discuss what legal remedies may be available to compensate you for your injuries.

As a Jacksonville Products Liability Lawyer, Actos, a leading Type II Diabetes medicine, has made national news following a civil lawsuit claiming the pharmaceutical giant failed to report health risks to regulators and directed reviews to change their opinions over health concerns of Actos. The lawsuit, Helen Ge v. Takeda Pharmaceutical Co., 10-cv-11043, U.S. District Court, District of Massachusetts, was brought by a former medical reviewer claims Takeda new of the risks and still chose to ignore the risks. Actos became a popular drug following the FDA report that competitor, Avandia, was restricted because of its link to Heart Problems. Actos, however, has been linked to a 40% increase in risk of Bladder Cancer for patients who take the drug for over 12 months. Additionally, Actos has been taken off of two European markets, France and Germany.

For the victims of Takeda's negligence, they could potentially have a claim for a Jacksonville Products Liability Case. There are three different theories to base your Jacksonville Products Liability case upon, manufacturing defect, negligent design, and failure to warn. A manufacturing defect occurs when the product comes out of the manufacturing plant different than others, however because of this difference it is more dangerous to the consumer. A negligent design is where the manufacturer breaches his duty to produce a product that is safe for its intended use and other foreseeable uses, as well. An action based on failure to warn is just that, a failure of a manufacture to warn consumers of foreseeable and known risk involved in the use of their product.

The most common form of Jacksonville Products Liability case based on Negligence occurs when a manufacturer, retailer, or supplier has breached their duty to protect the purchasers of their products. Similar to other Negligence actions, the injured party must prove: a duty by the manufacturer to the consumer, a breach of that duty, an injury to the consumer caused by that breach, and damages have resulted.

In addition to those four factors an injured party will also have to establish the product was defective at the time of injury, the defective product caused the injuries, and that the defect was present at the time the product left the control of the manufacturer, retailer, or supplier. This is not always easily determined and will require the assistance and expertise of a Jacksonville Products Liability Lawyer to determine if you have a viable case.

This week marks the end of Daytona Bike Week. After a weeklong celebration Bikers and enthusiasts alike are heading back to their respectful homes. This means Jacksonville Motorist will see an increase of Motorcycle Traffic for the next few days. However, with the increase of Motorcycles comes the increased chance of being involved in a Jacksonville Motorcycle Accident. Unfortunately, when a Motorcycle is involved in an accident, the injuries can be quite severe. That is why the assistance and guidance of a Jacksonville Personal Injury Lawyer may prove invaluable in your case.

Jacksonville Motorcycle accidents happen for numerous reasons, including carelessness, negligence, Road Rage, inattention, or Distracted Drivers. These are just some of the more common explanations that a Jacksonville Personal Injury Lawyer deals with all the time. If you have been injured while riding your Motorcycle in Jacksonville, you may be entitled to compensation. This compensation could include, pain and suffering, lost wages, medical bill, and property damage: just to name a few.

Therefore, if you or a loved one have been injured while riding a Motorcycle in Jacksonville, contact a Jacksonville Personal Injury Lawyer today! They can evaluate your case, make the proper determinations as to fault, and fight against the insurance company to get the compensation you are entitled to.

The two men involved in this altercation last Friday will forever be changed. The altercation started a little before 3 PM on Friday, which resulted in one man dead and the other facing Jacksonville Criminal and Civil Charges. From the reports, the two men entered a parking lot to "resolve" their road rage issue when one man pulled out a gun and shot the victim. The victim was able to drive away but shortly succumbed to his injuries and crashed into a nearby home. What makes this alteration alarming, besides the gunfire, was the victim was traveling with his child in the back seat.

Subsequently, the suspect has been charged with manslaughter and discharging a firearm in public from a vehicle within 1,000 feet or any person. These are serious charges and if not represented by a Jacksonville Criminal Defense Lawyer, the suspect could be facing harsh penalties. Also, outside the Jacksonville Criminal law arena, the family of the victim could bring a negligence action or even a wrongful death action against the suspect. As a Jacksonville Personal Injury Lawyer a negligence or wrongful death action could bring monetary compensation for his family's losses. Although not the ultimate resolution a family may want, it does normally ease the pain of their loss.

If you experience a person's road rage, do not try to stop and resolve the situation; it could cost you your life. Instead try to remain clam and call the police if the situation progresses to the degree of endangering your life or the life of a loved one. So, if you have been injured or have lost a family member to Road Rage, contact a Jacksonville Personal Injury Lawyer to discuss what legal remedies may be available to you and your family.