Click on the links below for more information on this particular subject area. Main subject areas for the “Personal Injury” section are linked at the bottom of these pages.

What is a typical personal injury case?

Automobile accidents, the area in which most personal injury actions arise, provide a good example of how the tort system works. You have a negligence claim in a “fault” state if you are injured by a driver who failed to exercise reasonable care, because drivers have a duty to exercise reasonable care anytime they are on the road. When they breach that duty and your injury results, personal injury law says you can recoup your losses. (Note, though, that the system may be very different in states that have passed no-fault laws.)

Negligence reaches far beyond claims stemming from car accidents. It is the basis for liability in most personal injury lawsuits, including medical malpractice.

Is there any other basis for personal injury besides negligence?

Yes.

• Strict liability is an important and growing area of tort law. It holds designers and manufacturers strictly liable for injuries from defective products. In these cases, the injured person does not have to establish negligence of the manufacturer. Rather, you need to show that the product was designed or manufactured in a manner that made it unreasonably dangerous when used as intended.

• Intentional wrongs can also be the basis of personal injury claims, though they are rarer. If someone hits you, for example, even as a practical joke, you may be able to win a suit for battery. Or if a store detective wrongly detains you for shoplifting, you may be able to win a suit for false imprisonment. While perpetrators of some of the intentional torts—assault and battery, for example—can be held criminally liable for their actions, a tort case is a civil proceeding in court brought by an individual or entity and remains totally separate from any criminal charges brought by the government.

What happens if I file a lawsuit?

You become the plaintiff in the case and the person who injured you becomes the defendant. Lawyers for each side (and for the insurer) typically begin gathering facts through exchange of documents, written questions (interrogatories) or depositions (questions that are asked in person and answered under oath). This process is called discovery. After discovery, many cases get settled before trial. Only a small percentage of personal injury actions ever go to trial.

What will I get if I win my case?

If you win, a judge or jury awards you money, known as damages, for your injuries. That amount can include compensation for such expenses as medical bills and lost wages, as well as compensation for future wage losses. It also can compensate you for physical pain and suffering. In addition, you may receive damages for any physical disfigurement or disability that resulted from your injury.

What does it mean to settle a case?

Settling a case means that you agree to accept money in return for dropping your action against the person who injured you. You’ll actually sign a release absolving the other side of any further liability. To help you decide whether to accept the settlement offer, your lawyer will be able to provide a realistic assessment of whether a lawsuit based on your claim will be successful. (Settlement also can take place at any point in a lawsuit once it is filed, including before trial or even after a case has been tried but before a jury reaches a verdict.) The decision to accept a settlement offer is yours, not the lawyer’s.

Will the person who caused my injury get punished?

No. Punishment comes from criminal cases, not civil cases. Defendants in civil actions for personal injury do not receive jail terms or stiff fines as punishment. Those are criminal sentences and personal injury cases are civil disputes. (But juries and courts can award what the law calls punitive damages when the defendant’s intentional acts have injured you. These awards are rather rare.)

Does a personal injury lawsuit have to be filed within a certain amount of time?

Every state has certain time limits, called “statutes of limitations,” that govern the period during which you must file a personal injury lawsuit. In some states, for example, you may have as little as one year to file a lawsuit from an automobile accident. If you miss the statutory deadline for filing a case, your case is thrown out of court.

The post Personal Injury Claims appeared first on Sharpsteen Law.

FAQ 1:  Is Bankruptcy difficult?
While there are many rules in bankruptcy and the process may seem confusing, it is not so difficult that you should forego the benefits bankruptcy can afford you. If you have competent lawyers representing you, the process should be straightforward in most situations.

FAQ 2:  If I file, Will I ever get credit again?
It is possible to rebuild your credit within months of filing bankruptcy. In many cases, clients report having an easier time obtaining credit after the bankruptcy freed them from so much debt.

FAQ 3:  If I file, Will I lose my house, car, pension, IRA, or 401(k)?
Because of several exemptions built into the bankruptcy law, most people who file for bankruptcy protection do not lose any property at all. In Florida, these assets are generally exempt.

FAQ  4:  Are my debts collectible if I am unemployed?
In Florida, your creditor can sue you for five years and collect against you for another twenty years after that. An individual who is thirty years old will have to deal with the creditors until he or she is fifty-five years old. That is a long time. You have alternatives. Consider what filing Chapter 7 bankruptcy would do for you.

FAQ 5:  If I file, will I lose my job or be unable to get a new job?
In most cases, employers will not find out about the bankruptcy unless you choose to tell them. Either way, employers are not allowed to fire or refuse to hire someone (or take other adverse action) for filing bankruptcy.

FAQ 6:  Will my bankruptcy hurt my spouse’s credit?
When one spouse files for bankruptcy protection, his or her spouse’s credit is not affected.

FAQ 7:  Can bankruptcy help me if I owe taxes?
While it is true that some taxes will not be discharged, others can be. There are many rules that we will explain to you.

It is extremely important that you hire an attorney who is experienced in the field of bankruptcy and focuses exclusively on representing the interests of individuals and families in bankruptcy matters.  Ask for a full explanation of how the current bankruptcy laws apply to you.

The post Florida Bankruptcy FAQs appeared first on Sharpsteen Law.

1. Pull over properly. Slow down and pull off the road, usually to the right, only when it is safe to do so. Use your turn signal to indicate your intent to the officer.
2. Stay in the car. Turn off the engine and if it is dark out, turn on the interior light and keep your hands on the steering wheel. Stay in the car unless the officer asks you to get out. This procedure is the least likely to raise concerns for the police officer (Remember the police know nothing about you, and you know nothing about any descriptions they’ve been given about cars and occupants involved in recent crimes.)
3. Don’t act suspicious. Avoid any actions that suggest that you are acting to hide, destroy or dispose of something. For example, if an officer sees you lean forward, the officer may think that you have hidden an object under the front seat. This may be enough for the officer to order you out of the car, pat you down and search under the front seat.
4. Follow instructions. Listen to what the officer is saying and follow the officer’s instructions. The officer is in charge of the situation and it’s not over until the officer tells you that you can drive off.
5. Use your mouth carefully. Don’t volunteer information and don’t argue. Simply answer the officer’s questions, but don’t volunteer information or “mouth off.” Save your arguments for the courtroom and tell your passengers to follow the same rules.
6. You’re being observed. Nowadays, many police cars have equipment that visually records traffic stops. Even without the video, the police officer will be observing your behavior for the police report. Don’t act strangely or furtively.
7. How much did you drink? Police officers routinely ask this question and if you are like most people who have been drinking, you may say, “just a beer or two with dinner” or some other underestimation about how much you drank. That’s a mistake! It’s always best to remain silent or answer that you cannot recall exactly what you had to drink. Otherwise your “underestimations” could come back to haunt you at trial.
8. Think carefully about BAC testing. Think carefully about refusing to take a blood alcohol content (BAC) test. (Check out our BAC calculator)  Every state has implied consent laws. That means that by acquiring a driver’s license you consent to BAC testing. Refusing to take such test may result in harsher consequences than consenting. However, if you are seriously intoxicated, it may be in your best interest not to take the test. Learn about the consequences of refusing a BAC test in your state.
9. Don’t volunteer. Some roadside tests are voluntary. For example, in many states you do not have to consent to “walk and turn” or “one leg stand” tests. Ask if a test is voluntary and if it is, you may refuse to take it.
10. When in doubt … If for some reason you have reason to doubt that the person who pulled you over is a police officer, ask to talk to a supervisor or say that you will follow the police officer to the police station.

The post Stopped for a DUI (or other Traffic Offense)? 10 Things to Know appeared first on Sharpsteen Law.

Deception alone does not render consent involuntary. However, the Progress Energy disguise tactic is different. Residents understand that employees of utility companies have the right to enter their property on official business. By appearing to be such an employee, the detective gained consent to enter the property through the resident’s submission to a false claim of lawful authority.  Accordingly, the consent is deemed involuntary as a mere acquiescence to authority.  The detective could have appeared in his law enforcement uniform, claiming that he wanted permission to search the back yard for a runaway. Although still a ruse to gain access for another purpose, this tactic would probably survive a motion to suppress evidence.

Tampa Bay Times staff writers, Curtis Krueger and Rita Farlow, have reported on what started as creative detective work in Pinellas sheriff says narcotics division grew to be ‘too loose an operation’, Sergeant suspended for erasing evidence in Simply Hydroponics case, Pinellas hydroponic garden shop has attention of deputies searching for marijuana growers.  Internal affairs investigations have been launched, prompting the question of whether the Pinellas County Sheriff’s narcotics unit mistakenly or intentionally crosses the constitutional line.

 Search and seizure law can be extremely complex. If you have questions about the lawfulness of a search, call (727) 381-9522 today!

The post Unlawful Search Tactics appeared first on Sharpsteen Law.

Of course, first priority would be attempts to persuade the authorities not to charge or indict, maybe file lesser charges. Trial experience counts because the government is not going to fold if they think your lawyer won’t go to trial.

Before you hire an attorney; 1.) Ask how many cases they have tried. 2.) If it is a Federal criminal case, ask how many cases they have tried in Federal Court. You may be surprised.

Want to know the facts about your case?  Ask Sharpsteen Law!  Call (727) 381-9522 to speak to a Tampa Bay Attorney now.

The post Trial Experience Counts! – Ask Your Tampa Bay Attorney appeared first on Sharpsteen Law.