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Category Archives: Personal Injury

DramShop

Dram Shop Laws: When a Bar is Responsible for a Drunk Driver’s Behavior

By Stephen M. Barbas |

Florida law punished people who get behind the wheel drunk, and cause accidents, both through criminal law, and civil, personal injury laws. But oftentimes, the responsibility for an accident is not just the person who drove intoxicated, but the business, bar or establishment that served the drink to the person. From a bar or… Read More »

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Negligence

What is Negligence Per Se?

By Stephen M. Barbas |

Many people are under the mistaken belief that to be negligent, and thus liable to pay damages for someone else’s personal injuries, that you must have broken a law, rule, or statute. In fact, negligence does not require that a law be broken—it only requires that someone failed to act as a reasonable and… Read More »

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InjuredArm

How and When Are Experts Used in an Injury Case?

By Stephen M. Barbas |

We hear a lot about expert witnesses, and what kind of expert witnesses should be used for a given case. But what are expert witnesses, and how and when are they used in actual trials? Knowing how to select, prepare, and hire the right expert witnesses can make or break your case. What Expert… Read More »

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Accident5

What is Uninsured Motorist Coverage and Do I Need It?

By Stephen M. Barbas |

When you are in a car accident that is caused by someone else, you just assume that there is someone else to sue—after all, someone else caused the accident. But what if there is nobody to sue? What if you don’t know who caused an accident? This is where your uninsured motorist policy comes… Read More »

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Judge

Help! The Judge in My Case Doesn’t Seem Impartial!

By Stephen M. Barbas |

When judges don’t rule in people’s favor, many victims (litigants) tend to think that the judge must be biased or prejudiced (by prejudiced, we mean prejudiced towards or against one side of a lawsuit or another). Crazy theories can arise about why the judge doesn’t like a party in an injury lawsuit. Parties to… Read More »

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CarCrash3

You Can Sue Parties That Aren’t Directly Involved in Your Accident

By Stephen M. Barbas |

When someone injures us out of carelessness or negligence, we often think of suing the party that was directly negligent, as we obviously should. For example, if someone hits you in a car, suing the driver is a pretty obvious legal strategy. However, there are some situations where the driver of a car may… Read More »

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Liability5

Does a Business Have to Provide Defibrillators?

By Stephen M. Barbas |

Heart attacks and cardiac arrest are both conditions that often occur naturally. Other than in extraordinary circumstances, it doesn’t make sense to hold a business liable for someone who has a heart attack on their property. However, there is a growing body of law that allows a victim of a heart attack or his… Read More »

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SlipFall3

Coefficient of Friction and Slip and Fall Accidents

By Stephen M. Barbas |

People can slip and fall for many reasons. In typical fall cases, we just assume that there is a substance or material on the floor which causes someone to fall, and that is often the case. But that is not the only way people fall. Often, people fall simply because the floor where they… Read More »

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PI_4

The Life Care Plan Expert Can Make a Huge Difference in Injury Cases

By Stephen M. Barbas |

When we calculate damages in a personal injury case, we give  a lot of attention to the relatively immediate needs of the victim, as we should. These include things like lost wages, medical expenses, or pain and suffering. We also try to make sure the victim is compensated for losses in the future, such… Read More »

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PI_Claim2

Arbitration and Mediation: What’s the Difference?

By Stephen M. Barbas |

The words arbitration and mediation are used a lot when it comes to different kinds of lawsuits, but particularly with personal injury lawsuits. These two dispute resolution processes have some similarities, but also, a lot of differences. The Main Differences The main difference between these two processes is that in arbitration, a neutral arbitrator—a… Read More »

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