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  • Hit by a Car While Not in a Crosswalk? Let Our Tampa Florida Personal Injury Attorney Help

    person in cast Tampa Florida Personal Injury Attorney While it is easier to win a pedestrian accident case when the pedestrian was hit while in a crosswalk, a Tampa Florida personal injury attorney can explain that a case may still be successful even if the pedestrian was not in the crosswalk at the time. He or she may discuss several factors that can affect the outcome of the case.

    Negligence

    Even if a person is jaywalking at the time that he or she is hit, the driver still must comply with relevant traffic laws. The driver may have contributed to the accident by speeding, going through a red light or not looking out for pedestrians in an area where they are common. One common form of pedestrian accidents is when a driver passes another car in an unmarked crosswalk. A pedestrian may be traveling in front of the vehicle parked at the crosswalk and the second driver may not see the pedestrian. A Tampa Florida personal injury attorney can explain that these negligent actions may entitle a pedestrian to recovery on his or her legal claim.

    Crosswalks

    Even if a crosswalk is not marked, local traffic laws may require the driver to treat certain areas as a crosswalk. For example, some intersections may be denoted as four separate crosswalks even if they are not labeled as such. The driver has the continuing duty to keep a proper lookout for pedestrians. In some cases, pedestrians may have the right-of-way in such areas.

    Other Factors

    In some instances, other factors may have contributed to the accident. A Tampa Florida personal injury attorney can assess whether traffic lights, road conditions, lack of traffic attendants, or other factors contributed to the accident, especially if the area has had frequent accidents. Victims may be entitled to some compensation for their injuries.

    Legal Assistance from Our Tampa Florida Personal Injury Attorney

    If you have any questions about your pedestrian accident case and whether you may be able to recover for your injuries, a Tampa Florida personal injury attorney may be able to help. Contact Kaylor, Kaylor, and Leto, PA by calling (800) 900-7734 at your earliest convenience to discuss your case with a legal professional.

  • A Winter Haven Personal Injury Attorney Explains Negligence

    Winter Haven Personal Injury Attorney Injured businessman working at his deskYour Winter Haven personal injury attorney will explain to you that every personal injury is the result of negligence. Negligence is an action that occurs when the “standard of care” necessary for the protection of others is not completed. In some cases, this is a failure to do something that would protect another person from harm; on other occasions it is an action that causes a person to become injured. A classic example of negligence is when someone is operating a vehicle and does not obey the traffic laws. Their choice to disobey the law, such as turning where it is posted “no turns,” which then results in an accident, is an act of negligence. Another example would be when a business owner does not implement the necessary lighting to keep visitors to their business safe from injury; this is also negligence. One of the things that a Winter Haven personal injury attorney must do, however, is show that the act of negligence caused the victim physical injuries and other damages. When the attorney can show that physical and financial damages were caused, a compensation claim can be filed.

    If Someone Breaks a Law, Are They Still Considered Negligent?

    Negligence can still be proven when a law is broken in most cases. If a person, for example, runs a red light and causes an accident, their act was negligent and against the law at the same time. Your Winter Haven personal injury attorney will be concerned with the negligent act, not the criminal actions of running the red light. In legal terms, this type of action is referred to as “negligent per se.” This means that there are laws in place to prevent this type of accident from occurring, yet the person who caused the accident acted negligently and ignored the law.

    If I Am Partially At Fault for an Accident, Can I Still Make a Claim?

    Depending on the circumstances of your accident, you may see a decrease in any compensation you are entitled to if you are discovered to be at partial fault for an accident that caused an injury. However, if the accident was related to a vehicle, this will depend on if your state is a No Fault state or not. In a No Fault state, fault does not matter. In an At Fault state, the person seeking compensation must be less than 50 percent responsible for the accident to receive any type of compensation. It is very important that you speak to your Winter Haven personal injury attorney about being “at fault” for any of your injuries. Many times people assume fault when they should not.

    If An Employee Acts Negligently, Can the Employer Be Held Responsible?

    If an employee is working within the guidelines and scope of their employment and commits an act of negligence, the employer can be held responsible for those actions. However, this can be a very difficult type of case to prove.

    What Types of Damages Can I Be Awarded in a Negligence Case?

    Your Winter Haven personal injury attorney will explain to you that every case is different and an exact value of your case cannot be made. However, depending on the laws of your state, you may be able to seek compensation for the following:

    • Current and future medical care costs for the injury
    • Loss of current and future income, including potential income earnings
    • Damages to personal property as a result of the accident
    • Physical or mental impairments that will not recover
    • Mental anguish, pain and suffering
    • Loss of enjoyment of life

    Your attorney will inform you of which of these forms of compensation you are entitled to seek under state laws and any additional forms that may be available.

    What If the Attorney States That I Do Not Have a Good Case?

    Attorneys determine the merits of a case based on laws and their personal professional opinions. In some cases, the experience of the attorney may be limited, and they feel they cannot represent a client to their best ability. If this has happened, you should seek a second opinion.

    What Costs Will I Have for Starting a Compensation Claim?

    In an effort to ensure that everyone who has been injured by an act of negligence receives quality legal representation, most personal injury attorneys work on a contingency basis. What this means is that there is never any up-front costs to the injured party, and if the case does not settle, there are no costs at all. The attorney is paid from the settlement at the end of the case.

    How Long Does a Negligence Case Last?

    There are many factors that must be considered when trying to determine the length of time a negligence action will take once it has been filed. Depending on the seriousness of the event, the insurance companies involved, and other legal factors, a case could take one or two years to settle. If the case goes to trial, that period could be extended significantly. Everyone should be aware that there is never a quick solution to a negligence claim.

    How Long Do I Have to File a Negligence Lawsuit?

    All negligence actions are bound by the Statute of Limitations in the state where the event occurred. In some states there is a period of up to two years to file an action. However, in other states, the limitations could be as little as six months from the date of the event. If you have been injured by the negligent actions of another person or entity, you should not delay seeking legal help. Delaying contacting an attorney could make you miss the limitations for your area and possibly cause you to loose contact with important witnesses or key evidence.

    Speak to a Winter Haven Personal Injury Attorney

    If you have been injured, you are encouraged to speak with the professional attorneys at Kaylor, Kaylor, and Leto, P.A. Schedule an appointment for a free case evaluation at 800.900.7734. If you have been injured, you have the right to seek compensation. Speak to a Winter Haven personal injury attorney today.

     

     

  • Tips from our Tampa Florida Personal Injury Attorney on Your Mental Health Evaluation

    Applying bandage Tampa Florida Personal Injury AttorneyIn a personal injury case, your rights need to be protected by a Tampa Florida personal injury attorney if opposing counsel ordered any type of mental health testing. The legal team for the insurance company sometimes orders these types of tests in order to mitigate their damages or avoid paying you altogether.

    Steps to Follow to Protect Your Rights

    Our Tampa personal injury attorney recommends that you follow several steps if you are directed to undergo mental health testing as part of a personal injury lawsuit. They could ask you to submit to testing by one of several professionals – psychological, neuro-psychological, or psychiatric. However, these tests are not straightforward and can be administered in several ways. Your lawyer should learn about the test and understand the protocols involved in testing. He or she will want to review the procedures used by the defense doctor to ensure that they were properly followed.

    Using the Correct Screening Tool

    Next, your lawyer will check to see if the test is the proper screening tool to be used in the situation. He or she should review different mental health conditions and diagnoses. These are found in The Diagnostic and Statistical Manual of Mental Disorders, published by the American Psychiatric Association, which is the reference guide for any type of mental health disorder. Your attorney probably has a copy of this manual that he or she can use to clarify information.

    Ask for Raw Test Data

    Your private injury attorney won’t rely on opposing counsel to interpret test results but should obtain all of the data in order to ensure that the results were correctly interpreted and that proper procedures were followed. This includes looking at raw data, test scores, and computer print outs.

    Retain Your Own Expert

    Your own expert can provide a valuable second opinion by reviewing the report and interpreting the results themselves. He or she could reach a different conclusion when looking at the data.

    Contact Our Tampa Florida Personal Injury Attorney

    You can reach our Tampa personal injury attorney from Kaylor, Kaylor, and Leto, PA at (800) 900-7734 for an additional explanation on any mental health testing ordered by opposing counsel.

  • Our Lakeland Disability Attorney Addresses Diabetes Claims

    Lakeland Disability Attorney gavel and stethoscopeOur Lakeland disability attorney will be happy to evaluate your claim for diabetes mellitus. People who suffer from diabetes might qualify for disability benefits through the Social Security Administration because of how the disease impacts the entire body and the various complications that can ensue.

    Proving Your Diabetes Claim

    The SSA has specific criteria that you must meet in order to win a claim and receive benefits. You will need to show that:

    • Your diabetes meets the minimum requirements for a listing and
    • Your illness keeps you from working at a prior job or another job in the marketplace that is readily available when considering your age, schooling, and work history.

    Physical Impairments Related to Diabetes

    In order to meet the listing, you must also qualify in one or more of the following ways:

    • Severe nerve damage, also known as neuropathy, which limits your ability to stand, move and walk.
    • Acidosis, which is a blood chemistry imbalance that is so serious that it requires hospitalization once every two months.
    • Serious loss of vision from a retinitis proliferans, a diabetes-caused eye affliction that damages the retina. A combination of various afflictions can add up to meet the minimum criteria for a diabetes listing. You could be affected with additional complications, such as a stroke, foot ulcers or infections, heart disease and/or kidney failure. Our Lakeland disability attorney can review any possible diabetes-related symptoms with you for help in proving your disability.

    The Inability to Work

    In order to show that you cannot work at job you previously did or at another available job, you will need to see your physician and have him or her make a complete and detailed listing of your symptoms. If needed, he or she might need to testify in court or submit a letter confirming your health issues. In addition, you can keep a journal of your daily physical challenges.

    Contact Our Lakeland Disability Attorney

    At Kaylor, Kaylor, and Leto, PA, we understand the physical and mental complications that diabetes can cause. If you have questions about possibly filing a claim, call our Lakeland disability attorney at (800) 900-7734.