Florida Legal Learning Center
Pre-existing Conditions and your Florida Car Accident Case
As the victim of a car crash in Florida, your first concern is often the physical suffering that you experience right after the accident. However, you may not be able to differentiate your latest injuries from a previous medical condition while you are hurting all over. Unfortunately , the effects of a collision can quickly exacerbate a pre-existing condition from years or decades earlier. Worse, this could be much more difficult and long-lasting the second time around. Although you may expect any physical harm to be covered by your personal injury claim, you can face strong resistance from the insurance carrier responsible for the driver and from the attorneys they employ. You can discuss the specifics with a Florida car accident lawyer, but you can also read on for some information about how pre-existing accidents can impact your rights. Pre-existing Health Issues Most at Reinjury Risk: Nearly every ailment in a car accident may be aggravated, but some are more severe than others. You may be at risk of reinjury if you have suffered at any point in the past: Back Injury: The traumatic impact associated with a car crash puts a huge strain on the whole body , especially the back. The bone, muscles, and associated tissues are key structural elements, but if they have endured prior trauma they are more fragile. Spinal Cord: If you have complications in the past, the nerve networks inside the spinal cord are susceptible to reinjury. In a car crash, you are more likely to be paralysed compared to those with
COVID-19 and Auto Accidents in Florida
Auto Accidents COVID-19 and Auto Accidents in Florida When we consider how our lives have changed in 2020 due to the COVID-19 pandemic, our driving habits have shifted drastically. Many Floridians have been in a quarantine-like state at some point – working remotely, avoiding large gatherings, and running less errands. Due to this change in our driving habits, traffic has generally been lighter. Additionally, people are frequenting bars and restaurants less than they had pre-COVID, so there are fewer drunk drivers out on the streets. All this results in less automobile accidents. In facts, in June of 2020, Florida drivers were involved in 9,469 traffic accidents as compared to 31,128 in June of last year – a decrease of almost 70%. While this may lead us to believe the roads are safer, our interpretation of those figures, and our experience of less traffic congestion, may be giving a false sense of comfort. The Governors Highway Safety Association (GHSA) recently released a report which presents some somber news – with roads having less traffic, people are driving faster even pushing past 100 mph with greater frequency. The Florida Highway Patrol has seen that on average, drivers are driving 20-40 mph over the legal speed limit. GHSA Executive Director Jonathan Adkins had this to say: “Law enforcement officials have the same mission as health care providers — to save lives. If you must drive, buckle up, follow the posted speed limit and look out for pedestrians and bicyclists. Emergency rooms in many
Slip and Fall Accidents – Who is Liable?
In public places, slip and fall accidents are common. Owners of stores, restaurants, malls, and other public spaces have a legal obligation to keep their establishments safe. In other words, businesses are required by law to protect their customers against accidents on their property. As a result, businesses must keep their facilities safe and notify the public of any hazardous situations. It is a breach of that obligation to fail to keep a premises safe and to warn of dangerous situations. As a result, if a business fails to safeguard you from a slip and fall accident, you have a personal injury claim. Medical bills, lost pay, and pain and suffering are all covered by personal injury claims. If you are injured as a result of a slip and fall event, you should file a personal injury claim. For a free consultation with an experienced personal injury attorney, call us now. Limitation of Liability in Slip and Fall Cases in Florida The responsibility of a business for slip and fall accidents containing transitory foreign substances is limited under Florida law. A slip and fall claim must show that the business knew or should have known that a foreign substance was on the floor prior to the accident, according to Florida Statutes Section 768.0755. You can, however, argue that the company should have known about the unsafe state by demonstrating that it existed long enough to be noticed. Furthermore, you can demonstrate this by showing that the situation occurred on a
Episode 1: Suing for an A+
Episode 1: Suing for an A+? Digging Through the Law with Brian Brijbag In this week’s episode, a family sues their son’s teacher because she didn’t give their son an A+ … only an A! Poor kid! Brian Brijbag is an Attorney and Anthropologist located in Florida. In each episode of Digging Through the Law, Attorney Brijbag explores a unique and odd legal case with a brief description of what makes it something that will make you ask the question, “what?!?” Follow Me on TikTok: https://www.tiktok.com/@diggingthroughthelaw #lawyer #lawyeryouknow #lawyersgunsandmoney #lawyerreactstobettercallsaul #lawyerkunlecomedy #lawyerreacts #lawyersinlovejacksonbrowne #lawyercatfilter #lawyersgunsandmoneywarrenzevon #lawyerreactstokayflock #lawyervscop #lawyerfeesgherbo #lawyerreactstojohnnydepp #lawyerplaysaceattorney #lawyerkunle #lawyerobjectiontoownquestion #lawyerreactstosaulgoodman #lawyerdayinthelife #lawyerand #lawyeranddoctorreacttogrey’sanatomy #lawyerandcriminalmiddleschool #lawyerandadvocatedifference #lawyeranddoctor #lawyerandjudgefight #lawandlumber #lawyerandjudgeargue #lawyerandcatfilter #lawyeranddragons #lawyerandcop #lawyerandreaburkhart #lawyeranddoctorreact #lawyeranddefendantswitchclothes #lawyerandattorney #youtubeislife #subscriber #youtubeguru #youtubecontent #newvideo #subscribers #youtubevideo #youtub #youtuber #youtubevideos #youtube #youtuber #youtubechannel #revolutionreal #blacksmokeyeye #smokeyeye #glow #glowingskin #discoverunder5k #discoverunder10k #funny #shorts Any reliance on the information contained in this video by someone who has not entered into a fee agreement with Law Firm of Brian S Brijbag PLLC is taken at the viewer’s own risk. Nothing in this video is intended to create a lawyer/client relationship. The attorneys of Law Firm of Brian S Brijbag PLLC are licensed to practice law ONLY in Florida and do not intend to give advice to anyone on any legal matter not involving Florida law. This video is for entertainment purposes only. For a Free Consultation with a Spring Hill Personal Injury Lawyer, call us now. Contact Brijbag Law if you or a loved
5 Things You Must Know If You Are Ever In A Car Accident
Brian S. Brijbag, Esquire 5 Things: The frightening reality is that the likelihood of you getting in a car accident at some point in your life is pretty high. They can be scary – the confusion at the accident scene, the physical pain, and all the phones call afterwards to try and get your life back together. A car accident can certainly be an impactful disruptor of life. That is why it is important to know these 5 things: 1. What to do • Stop your vehicle immediately and position yourself in a manner as not to obstruct other motorists. In fact, leaving the scene of an accident can be a crime. • Stay Calm. • Call 911 to get help for anyone that is injured. 2. Get the information included in our “Car Accident Information Sheet” This includes the names, phone numbers, and license numbers of all involved including witnesses. The insurance information of all the drivers involved with the make, model, and license plate number of each vehicle. Note the exact time, location, and road/weather conditions. Also note the injuries and damage. 3. Do not start apologizing It may seem like good manners to apologize if you feel you were at fault but this is not the time to practice that particular social etiquette. Simply saying, “I am sorry” could be looked at as an admission of liability if you find yourself in court at a later date. 4. Get medical attention for yourself Many states have specific
Employer Liability when Accidents Happen
Liability: If you’ve ever been the at-fault party in a vehicle accident, then you know there are several consequences that come with that liability. The cost of repairing both vehicles can be enormous, and you’ll have to worry about your insurance rates skyrocketing. But what if someone was injured and one of the parties was working at the time of the crash? In Florida, a company, corporation, or other entity, such as a limited liability company (LLC) or partnership, is considered a “person” under the law, and as a “person,” they are legal entities that can be held liable for damages, just like a living human being. The legal doctrine is referred to as vicarious liability. Basically, an employer or company may potentially be held liable for damages caused by an innocent accident victim if their employee was at fault for an accident. Assuming that the employee driver was acting within the scope of his or her employment (i.e. “on the job”) at the time of the accident, the employer company can be held responsible for the employee’s negligence. And did you know that it can even occur in cases where the employee was operating his or her own motor vehicle at the time of the accident? In many cases, the employer provides a vehicle to the employee, with which to conduct company business. For example, a delivery driver who drives a company truck to deliver packages as part of his job duties with the company. If that driver gets
Lost in the Fog
Driving in severe or deep fog is never recommended. Here is some advice if you are caught in heavy fog. When combined with other severe weather conditions or when the fog is particularly deep, it can make driving conditions perilous. The best course of action is to stop and park your car until the fog lifts. Driving in the fog: To give yourself enough time to react to any difficulties, widen your following distance from other vehicles. A decent rule of thumb is to raise your count distance from the standard 2 seconds behind another car to at least 5 seconds. Watch out for wildlife on the road. Under the cover of fog, animals—especially deer—feel more brazen and are considerably more difficult to see. There is less time for both of you to notice them and for them to see you due to the reduced visibility in deep fog. What to do if heavy fog forces you to stop at a safe location: When driving, avoid utilizing flashing lights. The usage of hazard lights while driving is prohibited in many states. Using the danger lights may prevent you from using your turn signals and may cause other vehicles to believe that you are stopped or stalled. Proudly Serving: Spring Hill Brooksville Timber Pines Weeki Wachee Inverness Crystal River Homosassa Hudson Shady Hills Bayonet Point Zephyrhills
Five Reasons to Hire a Local Lawyer
Five Reasons to Hire a Local Lawyer Brian Brijbag, Esq In the food industry, there is a well-established trend to select local goods over non-local options. Shopping local has many advantages as compared to buying something from another County, State or even Country! When you support local businesses, you are helping your neighbors and your local economy. It is the local business that will put their name on the back of a little leaguer’s uniform or sponsor the downtown art fair. When it comes to hiring an attorney, the benefits when you hire a local lawyer vary, but they are all valid. There is a huge marketing push to convince you that “Size Matters” and that you need the “largest” personal injury firm in the Country to help you win your case. Firms like mine do a good deal of business every year from those that thought “Size Matters “and fired the large law firm for more personal attention to their case. People that believe the “Size Matters” propaganda soon learn that a licensed attorney rarely looks at their file, they talk to the secretary and not their attorney most of the time, and they are a file number lost in a sizeable sea of files. Here are the top five reasons to hire a local lawyer: They know who matters They Know when to press which buttons They know what the rules are, both written and unwritten. They understand the importance of a good name. It’s more practical for
Transition Planning Resources
Family Guide to Secondary Transition Planning “Lighting the Way to Guardianship” (Under Legal and Reference Resources) Guardianship Options Online Course “Planning Ahead” (under Community Living Resources) “Sexuality Across the Lifespan” (under Education Resources) Transition and Guardianship resources
We hope you enjoy our Florida Legal Learning Center.
Call us anytime here at Brijbag Law 352-556-7488
Attorney Brian S. Brijbag is a Florida licensed lawyer who practices personal injury law.. Serving the Nature Coast of Florida, Attorney Brijbag represents clients in Hernando, Pasco, and Citrus counties. We will help you receive your just compensation if you are the victim of someone else’s negligence. We offer virtual consultation when appropriate and can travel to you. There are NO COSTS UNLESS WE WIN!
Free legal resources in Florida:
- Florida Law Help – A comprehensive legal information website offering a directory of all legal aid offices throughout the state. It covers a wide range of legal areas such as Family Law, Domestic Violence, Immigration, Housing, Public Benefits, and more. Visit Florida Law Help for more details.
- Florida Rural Legal Services – Provides high-quality civil legal services to address the special legal needs of migrant and seasonal farmworkers throughout Florida. They also offer a virtual legal advice clinic where you can ask questions and receive answers. For more information, visit Florida Rural Legal Services.
- Three Rivers Legal Services – Offers free civil legal aid and has been providing such services since 1978. They serve a broad audience, including veterans and survivors of abuse. Their website, Three Rivers Legal Services, contains informational videos and resources on various legal topics.
- Legal Aid Service of Broward County – Provides free civil legal services to low-income and otherwise eligible residents of Broward County. You can find more information on their website, Legal Aid Service of Broward County.
- Legal Services of North Florida – More details can be found on their website, Legal Services of North Florida.
- The Florida Bar – The Florida Bar Lawyer Referral Service is designed to make it easy for consumers to connect to verified attorneys.
These organizations provide legal services and support for various communities in their field. It’s recommended to visit their websites or contact them directly for specific legal advice.
5 Things You Must Know If You Are Ever In A Car Accident
Brian S. Brijbag, Esquire
The frightening reality is that the likelihood of you getting in a car accident at some point in your life is pretty high. They can be scary – the confusion at the accident scene, the physical pain, and all the phones call afterwards to try and get your life back together. A car accident can certainly be an impactful disruptor of life. That is why it is important to know these 5 things:
1. What to do
• Stop your vehicle immediately and position yourself in a manner as not to obstruct other motorists. In fact, leaving the scene of an accident can be a crime.
• Stay Calm.
• Call 911 to get help for anyone that is injured.
2. Get the information included in our “Car Accident Information Sheet”
This includes the names, phone numbers, and license numbers of all involved including witnesses. The insurance information of all the drivers involved with the make, model, and license plate number of each vehicle. Note the exact time, location, and road/weather conditions. Also note the injuries and damage.
3. Do not start apologizing
It may seem like good manners to apologize if you feel you were at fault but this is not the time to practice that particular social etiquette. Simply saying, “I am sorry” could be looked at as an admission of liability if you find yourself in court at a later date.
4. Get medical attention for yourself
Many states have specific timelines to seek medical treatment after an accident and missing those deadlines may limit or even invalidate your benefits. Symptoms may not immediately present themselves after a car accident as adrenaline has kicked in making you oblivious to the pain. That is why it is best to see a doctor that specializes in the unique medical needs of post-accident injuries. The things to look for include:
- • Headaches and nausea
- • Muscle pain or weakness
- • Pain in the neck, shoulder, or back
- • Dizziness or swelling
- • Feelings of fear, anxiety, or depression
- 5. Be careful who you talk too
You may start to get calls from the insurance companies that represent the other drivers. They will want to get details from you that may adversely impact you later. Do not talk to them! Your best bet is to consult
with an attorney that specializes in these types of cases so they can guide you through the process of being made whole again.
While we do whatever we can to avoid an accident, no matter how careful we are, the reality remains that one happens every 5 seconds. Do not let the next one be you. To be safe, try and follow these tips:
- • Plan your trip before you leave
- • Know where you are going and the route you plan on taking
- • Know your travel time
- • Give yourself plenty of time to get there
- • Keep your vehicle well maintained
Florida Teen Drivers – Typical Mistakes to Avoid
One of the most important milestones for most teenagers, getting their driver’s license is a big deal and a time of great pride. Being a parent of five children, and having been through the teenage driving period multiple times, I know the worries of every parent – the roadways are a very dangerous place, especially for inexperienced drivers. For Florida teen drivers, car accidents are the number one cause of death as well as a leading cause of injury.
Some the typical errors made by teenage drivers include:
Lack of Wearing a Seat Belt – When looking at statistics involving teenage drivers, the National Highway Traffic Safety Administration (NHTSA) found that seat belt use among teenagers is the lowest as compared to all other age groups. In fact, in a 2016 study looking at fatal teen car accidents, 58% of the time, the drivers and passengers were not wearing seat belts.
Driving too Fast – That same 2016 study revealed that speeding was a factor in 32% of fatal crashes involving a teen driver. Even for seasoned drivers, excessive speeds increase the likelihood of getting into an accident and also makes a crash exponentially severe. When it comes to having the ability to make quick decisions and reacting swiftly, that is a skill that comes with experience, something Florida teen drivers lack.
Driving and Drinking – Underage drinking is a problem among our young people, and mixed with driving, it becomes even more deadly. The 2016 study also concluded that in these fatal teen driving accidents, alcohol was an element 20% of the time. Mixture of underage drinking with inexperienced driving skills is a devastating combination.
Peer Pressure – When around other teens, it is well established that they may make decisions that they may not otherwise have made absence the pressure. When driving with other teens as passengers, studies have shown that Florida teen drivers are more likely to engage in risky behaviors. More teens in the car equal even more pressure to do something regrettable.
Driving while Distracted – Teen drivers, due to maturity and inexperience, are much more likely to be distracted by phones, the radio, or something else mores than other drivers. When asked if they have ever texted while driving, 33% of teen drivers stated “yes.” This activity increases the risk of an accident 23 times. A distraction of even a couple of seconds could have deadly consequences.
Doing stupid things – Finally, and particular for young male drivers, teens are much more likely to engage in unnecessary behavior. They may try and mimic the latest social media fad or challenge. They may decide to drag race, do burnouts, or some other type of stunt. Teens may decide it would be fun to drive on the hood or hang out of a window. Even seemingly well-behaved teens could have a momentary lapse in judgement that could result in catastrophic and life-altering consequences.
As parents, we need to make sure our children get as much experience and education of possible about driving. It is important to make the time to allow them to practice so they can understand the dangers of driving. Give driving privileges in stages and have them earn your trust. Talk to them about driving safety. Even if you think “never my child,” you would be surprised how common underage drinking is – make sure they know they can call you for a ride without fear. Lets keep our Florida teen drivers safe.
If your Florida teen driver is in an accident, do not hesitate to call our office at (352) 358-5880. As a Spring Hill Car Accident Attorney, Brian S. Brijbag Esq is here to help your family. It is important to have an experienced personal injury lawyer on your side. Please call for a free consultation.
Proudly Serving:
- Spring Hill
- Brooksville
- Timber Pines
- Weeki Wachee
- Inverness
- Crystal River
- Homosassa
- Hudson
- Shady Hills
- Bayonet Point
Disclaimer
For the general public: This Blog/Web Site is made available by the law firm publisher, The Law Firm of Brian S Brijbag PLLC, for educational purposes. It provides general information and a general understanding of the law, but does not provide specific legal advice. By using this site, commenting on posts, or sending inquiries through the site or contact email, you confirm that there is no attorney-client relationship between you and the Blog/Web Site publisher. The Blog/Web Site should not be used as a substitute for competent legal advice from a licensed attorney in your jurisdiction.
For attorneys: This Blog/Web Site is informational in nature and is not a substitute for legal research or a consultation on specific matters pertaining to your clients. Due to the dynamic nature of legal doctrines, what might be accurate one day may be inaccurate the next. As such, the contents of this blog must not be relied upon as a basis for arguments to a court or for your advice to clients without, again, further research or a consultation with our professionals.
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