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Florida Personal Injury Law FAQs

CDB Injury Law sincerely cares about you, and wants to make sure that all your doubts are taken care of. Browse through our FAQ section to get answers to all your personal injury related questions.

If you are injured in a parking lot can you file a claim against the business?

Anytime a business owner fails to make the premises safe for their business invitees then they could be in trouble potentially.

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What should you do when a traffic light has no power?

When the traffic lights are not functional at all then the law requires drivers treat the intersection as if governed by a three way stop.

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Who has the right of way in parking lot pedestrian accidents?

In this situation you are dealing with a foreseeability issue.

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What areas in Tampa are more susceptible to pedestrian accidents?

Here is the problem. As cities grow and the roadways themselves become larger and more improved, less of a consideration has been given to the pedestrian because the purpose of the roads being expanded and improved upon is to increase the ability for traffic to get around.

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Is it important to hire a local attorney?

I believe it helps to hire an attorney that practices locally, I myself practice all over the Tampa bay area, including Hillsborough, Pinellas, Pasco and Polk Counties, but I also handle cases all over the state.

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Should cyclists wear a camera on their rides?

The practical purpose of installing such a device would be simply to record an event should one occur.

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Can you pursue legal action from a hit and run accident?

Assuming that there is sufficient evidence of the identity of the at fault party. There does not need to be an actual impact between vehicle and pedestrian.

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Are the laws of damages any different for school bus accidents?

Not really. Although it that scenario, punitive damages could come into play especially if the bus driver’s stop sign is displayed and the lights are blinking red or yellow.

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What are some variables that would increase the value of a pedestrian accident claim?

Certain stars would have to align for a claim to have a greater value. First, the liability scenario would have to be such that the plaintiff not at fault for causing their own injuries or at least not significantly so.

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What should you look for in a pedestrian accident attorney?

I would review an attorneys experience; how long the attorney has been practicing for, if they familiar with handling this particular type of claim and their history of success.

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Should I call the police if I am involved in an automobile accident?

If you been involved in a motor vehicle accident and feel that you are not at fault, summoning the police to the scene of the accident is the best to document the event and protect your legal rights.

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I am feeling discomfort after a car accident, but I am not in a lot of pain. Should I see a doctor as a precaution?

Often times the effects of these forces may not manifest immediately.

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What should I do if I am in car accident in a rental car in Florida?

The process is very much like that for any automobile accident with one important exception.

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How long do you have to see a doctor after an auto accident in the state of Florida?

There is no time limit as far as when treatment must be sought.

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Why hire a lawyer?

Going it on your own is very difficult. Automobile accidents involve complex factual and legal issues and insurance adjusters work for their companies, not for you.

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What are no fault benefits?

No Fault, or Personal Injury Protection (“PIP”) benefits are a mandatory coverage provided in all Florida Auto Insurance policies.

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What to do when involved in an auto accident on a Tampa Bay Bridge

A large portion of Tampa Bay’s area is made up of water, so there is inherently an abundance of bridges in this region; the four longest bridges total over 15 miles.

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How to protect yourself in a Motorcycle Accident?

Motorcycle accidents tend to be more serious, motorcycles are a more dangerous vehicle to operate yet they require less protection in their insurance. It’s unfortunate that the legislature has not changed yet. Helmets should be mandatory and PIP should be mandatory in motorcycle insurance and insurance companies should explain to the riders out there they should purchase this insurance. Because when it comes to driving a car PIP is mandatory the no fault statue says every policy has to feature PIP. However for motorcycles that doesn’t apply, I would encourage motorcycle riders to purchase a policy that includes PIP and…

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Why choose CDB Injury Law for Motorcycle Accidents?

I’ve got a lot of experience with motorcycle accidents and I’ve prosecuted quite a few in my career. I give personal attention to your case and I visit my clients while they are in the hospital and I will work with you personally through every aspect of the case. Motorcycle accidents present particularly important issues and I’ve dealt with those issues, I know what they are and I have great results in working on motorcycle cases.

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Should I purchase the minimum of full coverage insurance?

A big issue is driving with the minimum insurance, 10,000 in PIP and 10,000 in Property Damage Liability. Unfortunately some unscrupulous insurance brokers call that “Full Coverage” and don’t explain to their insurers that there is other types of coverages they can purchase because they are trying to sell a cheap policy and they are trying to sell as many as they can. Typically what happens is an accident will take place and someone involved will say “I have full coverage” unfortunately the insurance broker they were dealing with sold them a cheap policy claiming they have “full coverage” which…

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Should motorcycle riders purchase a special type of insurance?

There is no PIP insurance for motorcycle drivers, which can be very problematic. A motorcycle rider can purchase uninsured motorist coverage, they can purchase property damage liability in case they cause an accident but more importantly another driver may not have insurance. If you look at that scenario there is no PIP to pay your injuries, there is no insurance from the other driver and there is no uninsured motorist to cover you to make up for the other driver’s lack of insurance. So it would be a good idea to have a policy that would allow you to have…

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Should you install a dash cam on your motorcycle?

At the scene of an accident the facts many times can come down to a he said, she said argument where no one has actually witnessed what has happened. Somebody could make a left turn in front of a motorcycle and cause a collision and then say “the motorcycle driver was speeding”. So if a camera could be installed on a motorcycle and not interfere with the operators ability to operate the motorcycle then it could be a tremendous thing in establishing liability for these types of accidents.

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Why are motorcycle accidents more in common in Florida?

In Florida a large portion of the population are retired and enjoy riding motorcycles in their free time. Also in Florida there are more riding conditions available. There is an opportunity to ride all year round, where as motorcycle riding may be a bit more seasonal in other parts of the US. There’s certain seasons available for riding in other states where you can ride all year round in Florida.

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What makes motorcycle accidents different from auto accidents?

The difference as far as motorcycle accidents and car accidents is motorcycle accidents tend to involve more serious injuries. The driver doesn’t have the benefit of all of the equipment surrounding them like airbags and seat belts. This tends to make the degree of injury more severe. Additionally the motorcycle accidents tend to present coverage problems that regular car accidents don’t. For example, a motor vehicle accident involving cars no fault benefits are mandatory to be carried on your policy so at the very least you’re going to have that $10,000 of benefits to cover medical bills. Motorcycle drivers do…

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How can I access the video footage or surveillance recordings that many companies have at in their possession which may show the accident and or environment of the accident?

That is an excellent question. Often video surveillance can make or break a premises liability case.

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How can I best the cooperation of witnesses in a premises liability accident, such as a slip and fall accident?

Insist that the store manager do a report wherein the names of the addresses of witnesses are included and that you be provided with a copy.

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What can I do to protect myself if I have been injured on someone else’s premises or property?

This can be a difficult question. When people are injured in a slip and fall accidents, they are often in pain, in shock, and perhaps even immobile.

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Does it matter why a person who is injured is on the premises in the first place?

Yes, absolutely. While it is true that Florida law affords protection to everyone from a business invitee to a trespasser, the reason you are on the premises directly affects the extent to which a land or building owner owes a duty of care.

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What is Premises Liability?

PL refers to those types of cases wherein a person is injured on the property of another.

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What if I don’t live in the State of Florida?

In a situation where an injured person does not reside within Florida, you have what is called diversity of citizenship between the plaintiff and defendant medical provider.

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What is the Statute of Limitations for bringing a medical malpractice claim in the State of Florida?

Unlike a regular negligence claim, which under Florida law would have to be brought within 4 years from the date of the accident, a person who wishes to bring a medical malpractice claim in the State of Florida has only 2 years from the date that they knew, or in the exercise of reasonable care, should have known that malpractice was committed or occurred.

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How is Medical Malpractice different from other negligence cases?

At common law all a person would typically need to sue another person for negligence would be a complaint and a filing fee. Florida, however, takes a different approach and is particularly sensitive to the politics of medical providers and their needs.

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What information should I bring to the first meeting for my DUI case?

I would need a copy of your DUI citation. 

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Should you consent to a breathalyzer test?

That’s a very difficult question to answer and one that each person has to address individually. 

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How are DUIs Investigated?

They sometimes have road stops which are administrative in nature and really you have to abide by them.

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Can a DUI involve prescription drugs?

I happens all the time, it doesn’t have to be an illicit illegal substance. When they give you painkillers. 

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How has the DUI law in Florida changed recently?

No matter how it changes, it usually changes in favor of being stricter on offenders. 

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Why would CDB be a good option for a domestic violence case?

I come from the domestic violence both from the standpoint of defense and from the prosecutorial standpoint so. 

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How common is it for you know one spouse to a lie about about a domestic violence incident?

It’s fairly common, it usually presents itself in the context of one spouse wants leverage on another spouse for a particular reason that could be a divorce, It could be using the children. 

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How do you work with a client that is dealing with domestic violence issues? 

As part of a court disposition people usually required to take some sort of Management course. 

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What are some some of the common challenges of a domestic violence case? 

Well, from a defense perspective. An abuser is not very popular with jurors.

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How long have you been working on a domestic violence cases?

I started working on domestic violence cases as a misdemeanor prosecutor in Pinellas county.

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