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Category Archives: Personal Injury

Tax1

How Much Of A Personal Injury Settlement Is Taxed By The IRS?

By Stephen M. Barbas |

So you’ve settled your personal injury case. What is yours is yours, minus attorneys fees or any medical expenses that you owed, which had to be paid back to the doctors. But what about the IRS? After all, a settlement is money, and any time money is involved, the IRS will want its share…. Read More »

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WalkingOverHole

Falling Into Holes: Funny In Cartoons, Dangerous In Real Life

By Stephen M. Barbas |

In the movies or in cartoons, when a character falls into a giant hole, it’s usually pretty comical. But in real life, holes can be very dangerous, and crippling. Holes in real life normally aren’t the type of holes that are large enough for our entire body to fall into—helpfully those are few and… Read More »

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InjuryAccident

Where Will You Sue? The Answer Can Be Complex

By Stephen M. Barbas |

When you file a personal injury case, you may not give much thought about where to file the case. And in many cases, it’s not even an issue. If you fall in Walmart, or your doctor commits malpractice against you, or your loved one is neglected in a Florida nursing home, it’s obvious that… Read More »

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PIClaims4

Understanding Florida’s Impact Rule

By Stephen M. Barbas |

When you are in an accident of any kind, it is expected that you won’t just sustain physical injury, but that there will be some emotional trauma as well. Pain, suffering, anxiety, depression, and many other cognitive problems can arise. Courts give value to, and recognize these injuries, because it’s natural to think that… Read More »

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PIClaims2

Can A Non-Parent Agree To Arbitrate A Minor’s Injury Case?

By Stephen M. Barbas |

Arbitration provisions in contracts can be punitive and difficult for accident victims. They may restrict victims’ abilities to present or get the evidence they need to prove their case, and almost always, arbitration provisions take the case out of the hands of a judge and jury, and give it to an arbitrator. Arbitration provisions… Read More »

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ChildInjury

Resolving A Child’s Injury Case May Need Court Approval

By Stephen M. Barbas |

As a general rule, personal injury law works the same when kids are injured as it does when adults get injured. But there are certain procedural hurdles that exist when a child is injured. The law and the courts seek to protect children, and safeguard their property for them. As such, the law requires… Read More »

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JuryPeers

You Need Race-Neutral Reasons To Strike Jurors From The Jury

By Stephen M. Barbas |

We are all entitled to a jury of our peers. But in reality, we are allowed a jury that we think is most inclined to be neutral, and listen to the facts impartially. To do that, parties get the ability to strike jurors from the jury pool, before the trial starts. In some cases,… Read More »

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PI_Law3

New Law Makes It Harder To Sue For COVID Related Injury

By Stephen M. Barbas |

A new law has been put into place that will make it harder for those who contract COVID-19 to sue companies and businesses that may have caused or contributed to the spread of the virus. Higher Standards for Victims in Court Any person that sues a business for any injury related to contracting COVID… Read More »

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SlipFall9

Constructive Knowledge In Slip And Fall Cases

By Stephen M. Barbas |

In slip and fall accidents, words like notice or foreseeability are often thrown around. But what do those words mean in the context of premises liability—in other words, the standard slip and fall case? Actual Knowledge Florida law makes it tougher to sue a business for a fall than you may think. Under Florida… Read More »

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LostWages

Proving Future Lost Wages In Injury Cases

By Stephen M. Barbas |

In life, there is both the past and the future. This isn’t just some metaphysical or philosophical statements, it’s also one that lawyers should remember when considering their clients damages in personal injury cases. Many lawyers will give a lot of attention to losses that their client has already sustained, and certainly, this is… Read More »

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