Maybe you've read about the recent derailment of a roller coaster at Universal City in Orlando? Well, it was a hoax. A falsehood perpetuated and fueled by digital gossip via Facebook. What you should know is people believed it because it happens... Often. Maybe not at a more permanently situated and reputable theme park. But think about the local county and state fairs. A lot of those rides are put together overnight and we doubt OSHA comes down to do a thorough inspection of The Zipper before they allow kids to cram in to it.
If you are injured at a theme park due to negligence at the hands of a ride operator, unsafe equipment/conditions, shoddy craftsmanship, etc, then you have a legal right to sue for compensation. Often times, theme parks may have disclaimers or even waivers to sign. But they and their lawyers know that injury and or death is not what the consumer bought the ticket for.
That's why we will go over your case with a fine tooth comb. There are a lot of factors that may have been overlooked. Was there proper lighting on the property? Was there a verbal as well as written warning of what to do and what not to do?
If you or someone you know was actually injured and or killed in a theme park/carnival/fair or any other recreational facility give us a call today. Many times it isn't your fault. They know this so they will try to settle with you. Don't. Let us fight so you can get awarded all that is deserved.
We blog about relevant issues in personal injury law and criminal law, discuss the misconceptions, some of the most popular cases in the news, and provide readers with helpful information and resources. Visit our websites for more information: www.decarlisandsawyercriminallaw.com and www.decarlisandsawyer.com.
Showing posts with label Gainesville Personal Injury Lawyer. Show all posts
Showing posts with label Gainesville Personal Injury Lawyer. Show all posts
Tuesday, May 27, 2014
Thursday, February 6, 2014
The Biased Justice System Needs Reform In Florida
The Biased Justice System Needs Reform
On Thursday, President Obama enacted an initiative to help young men of color get a better start in life. As has been the case in the news as of late, racial divide and racial inequality regarding the justice system has been proven to be biased and unfair towards minority men.
Prison sentencing reform is another issue that will need to be tackled. The President's efforts today are part of a mult- part solution in creating a fair and balanced legal system for all Americans of all ethnicities, religions, and sexual preferences.
Right now, black men are statistically likely to spend time in incarceration at alarming numbers for the same charges as their white peers who were far less penalized for the same offense. The President's speech on Thursday laid out a plan to essentially instill within the black community a sense of self worth and self responsibility. Externally from the black and latino community, serious sentence reform, especially regarding non-violent offenders, needs to be taken on with the same diligence.
On Thursday, President Obama enacted an initiative to help young men of color get a better start in life. As has been the case in the news as of late, racial divide and racial inequality regarding the justice system has been proven to be biased and unfair towards minority men.
Prison sentencing reform is another issue that will need to be tackled. The President's efforts today are part of a mult- part solution in creating a fair and balanced legal system for all Americans of all ethnicities, religions, and sexual preferences.
Right now, black men are statistically likely to spend time in incarceration at alarming numbers for the same charges as their white peers who were far less penalized for the same offense. The President's speech on Thursday laid out a plan to essentially instill within the black community a sense of self worth and self responsibility. Externally from the black and latino community, serious sentence reform, especially regarding non-violent offenders, needs to be taken on with the same diligence.
If you have been charged with a crime in Gainesville, Florida, contact the Criminal Defense Lawyers of The Law Firm of DeCarlis & Sawyer at 352-371-3838 or atdecarlisandsawyercriminallaw.com.
Wednesday, January 22, 2014
When Is Your Property Manager Liable In The State Of Florida?
When Is Your Property Manager Liable?
Landlords often turn to property management companies to ensure their properties are well-maintained, take care of collecting rent, and tend to any repairs that are needed. However, If you are injured or suffer a serious financial loss due to the property management company's negligence, you may be able to sue the property management company. However, it's important to ensure you're suing the right party, and that the property management company was actually negligent.
Negligence lawsuits occur when the person suing -- the plaintiff -- incurs an injury because the negligent person, or the defendant, failed to perform a legal duty or to exercise "reasonable care."
For any lawsuit to be successful, you must establish that the management company was the negligent party. If a management company did not know, and could not have reasonably known, about a problem with your property, you'd have trouble winning. For this reason, it's important to notify the property manager of any problems with your rental unit as soon as possible and to keep a written record of these communications. Make notes, take pictures and video. The more proof you have, the stronger your case is.
If you or someone you know has been injured due to the negligence of another party, contact the Gainesville Personal Injury Lawyers of DeCarlis & Sawyer at 352-371-3838 or at decarlisandsawyer.com.
Landlords often turn to property management companies to ensure their properties are well-maintained, take care of collecting rent, and tend to any repairs that are needed. However, If you are injured or suffer a serious financial loss due to the property management company's negligence, you may be able to sue the property management company. However, it's important to ensure you're suing the right party, and that the property management company was actually negligent.
Negligence lawsuits occur when the person suing -- the plaintiff -- incurs an injury because the negligent person, or the defendant, failed to perform a legal duty or to exercise "reasonable care."
For any lawsuit to be successful, you must establish that the management company was the negligent party. If a management company did not know, and could not have reasonably known, about a problem with your property, you'd have trouble winning. For this reason, it's important to notify the property manager of any problems with your rental unit as soon as possible and to keep a written record of these communications. Make notes, take pictures and video. The more proof you have, the stronger your case is.
If you or someone you know has been injured due to the negligence of another party, contact the Gainesville Personal Injury Lawyers of DeCarlis & Sawyer at 352-371-3838 or at decarlisandsawyer.com.
Tuesday, January 7, 2014
The Evolving Laws Of Florida's "Leaving The Scene Of An Accident" And "Vehicular Manslaughter"
Perceived "gap" in DUI Hit and Run laws may soon close.
In The State of Florida, if you consume alcohol before (or while) driving and cause an accident that kills someone, you can face a DUI manslaughter charge with a minimum of four years in prison.
Currently, the law states that if you flee the scene of an accident only to turn yourself in after you've sobered up, you could possibly face far less penalties which many prosecutors and law makers feel encourages drunk drivers to flee the scene.
If you or someone you know is facing the charges of Leaving the Scene of an Accident and/or ‘vehicular manslaughter,' you can rest assured that a tough road lies ahead, and if lawmakers have their way you will be facing even stiffer penalties.
Your best option to avoid all of this is to abstain from alcohol, but if you are looking for a defense attorney that's probably a moot point. Our professional attorneys understand DUI laws and Vehicular Manslaughter laws inside and out. As deliberation is underway to decide if there will be stiffer penalties for those who commit such acts, our experts are working diligently to stay abreast of the ever evolving legal process.
If you or a loved one is facing DUI, Vehicular Homicide/Manslaughter, or Hit and Run charges in Gainesville, Florida, contact the Criminal Defense Lawyers of The Law Firm of DeCarlis & Sawyer at 352-371-3838 or at decarlisandsawyercriminallaw.com.
In The State of Florida, if you consume alcohol before (or while) driving and cause an accident that kills someone, you can face a DUI manslaughter charge with a minimum of four years in prison.
Currently, the law states that if you flee the scene of an accident only to turn yourself in after you've sobered up, you could possibly face far less penalties which many prosecutors and law makers feel encourages drunk drivers to flee the scene.
If you or someone you know is facing the charges of Leaving the Scene of an Accident and/or ‘vehicular manslaughter,' you can rest assured that a tough road lies ahead, and if lawmakers have their way you will be facing even stiffer penalties.
Your best option to avoid all of this is to abstain from alcohol, but if you are looking for a defense attorney that's probably a moot point. Our professional attorneys understand DUI laws and Vehicular Manslaughter laws inside and out. As deliberation is underway to decide if there will be stiffer penalties for those who commit such acts, our experts are working diligently to stay abreast of the ever evolving legal process.
If you or a loved one is facing DUI, Vehicular Homicide/Manslaughter, or Hit and Run charges in Gainesville, Florida, contact the Criminal Defense Lawyers of The Law Firm of DeCarlis & Sawyer at 352-371-3838 or at decarlisandsawyercriminallaw.com.
Monday, December 30, 2013
Do Not Quickly Accept Money From An Insurance Company After An Accident In The State Of Florida
Car accidents and the paperwork aftermath can be a stressful and taxing ordeal. In an effort to recoup money for lost wages, medical bills, and car repairs, people are all too willing to accept a check from an insurance company. A check can be tempting, but don't be too eager to settle. The insurance company that you're dealing with will want immediate resolution and knows that offering a check will ultimately rob you of your legal right to fair compensation. The insurance company is looking out for their best interests, not the accident victim's.
It's imperative that you hire an attorney to help you through the bureaucracy of a personal injury claim. As the sum of your medical expenses and lost wages surpass the amount originally offered to you, you will be thankful you hired an attorney to advocate on your behalf. Many times people may not be aware of how injured they actually are and will begin experiencing residual pain from car accident injuries later on. Before agreeing to any type of personal injury settlement be sure to consult with an attorney.
Contact the Gainesville Personal Injury Attorneys of DeCarlis and Sawyer at 352-371-3838 or at decarlisandsawyer.com as soon as possible if you or a loved one has been injured in an auto accident.
It's imperative that you hire an attorney to help you through the bureaucracy of a personal injury claim. As the sum of your medical expenses and lost wages surpass the amount originally offered to you, you will be thankful you hired an attorney to advocate on your behalf. Many times people may not be aware of how injured they actually are and will begin experiencing residual pain from car accident injuries later on. Before agreeing to any type of personal injury settlement be sure to consult with an attorney.
Contact the Gainesville Personal Injury Attorneys of DeCarlis and Sawyer at 352-371-3838 or at decarlisandsawyer.com as soon as possible if you or a loved one has been injured in an auto accident.
Saturday, November 30, 2013
Lap And Shoulder Belts Are Now A Requirement In Motorcoaches And Large Buses As Of 2016
The U.S. Department of Transportation's National Highway Traffic Safety Administration (NHTSA) has recently announced that lap and shoulder belts are now a requirement for each occupant in new motorcoaches and large buses. This new rule is designed to further improve the safety of these vehicles by decreasing the risk of serious injuries, occupant ejection, and fatalities in during a collision.
According to the NHTSA , each year approximately 7,934 people are injured and 21 die in motorcoach and large bus accidents. The NHTSA estimates that the new safety belt requirement will reduce the number of moderate to severe injuries by up to 45% and the number of fatalities by up to 44%.
According to the NHTSA , each year approximately 7,934 people are injured and 21 die in motorcoach and large bus accidents. The NHTSA estimates that the new safety belt requirement will reduce the number of moderate to severe injuries by up to 45% and the number of fatalities by up to 44%.
As of November 2016, shoulder and lap belts will be a requirement in newly manufactured buses with a gross vehicle weight greater than 26,000 pounds. Transit buses and school buses are exempt from this ruling.
If you or someone you know has been injured in an accident, contact the Gainesville Personal Injury Lawyers of DeCarlis & Sawyer at 352-371-3838 or at decarlisandsawyer.com.
If you or someone you know has been injured in an accident, contact the Gainesville Personal Injury Lawyers of DeCarlis & Sawyer at 352-371-3838 or at decarlisandsawyer.com.
Friday, November 22, 2013
What Steps Do I Take When I Slip And Fall In A Business?
Slipping and falling is not only humiliating, it can also be extremely dangerous and sometimes preventable. If you happen to slip and fall in a business, make sure to take the following steps:
Below are the Florida laws regarding slip and fall. They are clear and concise:
"768.0755 Premises liability for transitory foreign substances in a business establishment.-
1) If a person slips and falls on a transitory foreign substance in a business establishment, the injured person must prove that the business establishment had actual or constructive knowledge of the dangerous condition and should have taken action to remedy it. Constructive knowledge may be proven by circumstantial evidence showing that:
(a) The dangerous condition existed for such a length of time that, in the exercise of ordinary care, the business establishment should have known of the condition; or
(b) The condition occurred with regularity and was therefore foreseeable.
(2) This section does not affect any common-law duty of care owed by a person or entity in possession or control of a business premises."
If you or a loved one has been injured in a slip and fall accident, contact the Gainesville Personal Injury Lawyers of DeCarlis & Sawyer at 352-371-3838 or at decarlisandsawyer.com.
- First, seek medical attention. Even if you don't feel hurt, injuries can present themselves later. Get an evaluation and make documentation. Follow up with your medical practitioner a few days after as well.
- Take pictures of the environment where the fall occurred. Even a seemingly minute detail can be important.
- Procure witnesses. Get the information of those who saw it happen. Other shoppers, employees, etc.
- Contact the office of DeCarlis & Sawyer. We will compile your documented information and seek the maximum reward for your injuries.Time is of the essence in these types of cases.
Below are the Florida laws regarding slip and fall. They are clear and concise:
"768.0755 Premises liability for transitory foreign substances in a business establishment.-
1) If a person slips and falls on a transitory foreign substance in a business establishment, the injured person must prove that the business establishment had actual or constructive knowledge of the dangerous condition and should have taken action to remedy it. Constructive knowledge may be proven by circumstantial evidence showing that:
(a) The dangerous condition existed for such a length of time that, in the exercise of ordinary care, the business establishment should have known of the condition; or
(b) The condition occurred with regularity and was therefore foreseeable.
(2) This section does not affect any common-law duty of care owed by a person or entity in possession or control of a business premises."
If you or a loved one has been injured in a slip and fall accident, contact the Gainesville Personal Injury Lawyers of DeCarlis & Sawyer at 352-371-3838 or at decarlisandsawyer.com.
Thursday, October 31, 2013
A Cell Phone Camera Can Be Used To Document Your Personal Injury Case
With today's technology, almost all of us have a camera near us or on us via our cell phones. Cell phone cameras have proven not to be a novelty as they were first perceived, but an extraordinarily handy tool in an emergency. Whether a crime was committed and the person was able to snap a photo of the assailant's plates or a car accident where photos are taken immediately upon impact.
If you are involved in an accident, of any kind, take pictures. As the old saying goes, "A picture speaks a thousand words." Especially when proving your case in court. If your health permits, take as many photos as is necessary at the scene of the accident. In the case of a car accident, photo-document the damage to your vehicle, yourself, and a panoramic of the surrounding area. Doing so will provide a detailed account of injuries you received thus maximizing your chances in court.
If you are injured in a case of negligence, perhaps a slip and fall or an injury sustained at work, the same principle applies. Take photos of your personal injuries, the surrounding area. In the case of slip and fall, get detailed photos of the cause such as loose handrails, etc. If able, take video. Sometimes a still picture won't properly show the extent of negligence.
If you should sustain an injury and are of sound mind and body to do so, take as much photo and video documentation as possible. Because in the end, a heart felt apology and a coupon from a store manager won't pay extensive medical bills sustained from injury.
If you or someone you love has been injured as a result of negligence, contact the Gainesville Personal Injury Attorneys of DeCarlis & Sawyer at 352-371-3838. You can also find us online at www.decarlisandsawyer.com.
If you are involved in an accident, of any kind, take pictures. As the old saying goes, "A picture speaks a thousand words." Especially when proving your case in court. If your health permits, take as many photos as is necessary at the scene of the accident. In the case of a car accident, photo-document the damage to your vehicle, yourself, and a panoramic of the surrounding area. Doing so will provide a detailed account of injuries you received thus maximizing your chances in court.
If you are injured in a case of negligence, perhaps a slip and fall or an injury sustained at work, the same principle applies. Take photos of your personal injuries, the surrounding area. In the case of slip and fall, get detailed photos of the cause such as loose handrails, etc. If able, take video. Sometimes a still picture won't properly show the extent of negligence.
If you should sustain an injury and are of sound mind and body to do so, take as much photo and video documentation as possible. Because in the end, a heart felt apology and a coupon from a store manager won't pay extensive medical bills sustained from injury.
If you or someone you love has been injured as a result of negligence, contact the Gainesville Personal Injury Attorneys of DeCarlis & Sawyer at 352-371-3838. You can also find us online at www.decarlisandsawyer.com.
Thursday, October 24, 2013
What To Expect When Speaking To An Insurance Adjuster In The State Of Florida
If you have been injured from a slip-and-fall accident, the first thing on your mind is receiving medical treatment for your injuries. Eventually, after therapy and rehab you will begin to heal, but now you are facing a mountain of medical bills.
After an accident, you will probably receive a telephone call or visit from an insurance adjuster from the property owner's insurance company. Keep in mind that the adjuster works for the insurance company, and his or her goal is to pay you as little as possible and save his client as much as possible. You could find yourself in a stalemate of negotiations for months, often waiting long periods for answers from the insurance company.
One of the most important things to keep in mind during this period is that the clock is ticking. From the moment you suffered your injury, the clock begins winding toward the day the statute of limitations for filing a lawsuit runs out. Time is of the essence in such cases which is why it's imperative that you hire an attorney experienced in these types of accidents. Be sure to keep documentation of all of your expenses and losses. When the time does come to show the extent of your injuries, your attorney and documentation you provide will help determine the outcome favorably.
If you or someone you love has been injured as a result of a slip-and-fall accident, contact the Gainesville Personal Injury Attorneys of DeCarlis & Sawyer at 352-371-3838. You can also find us online at www.decarlisandsawyer.com.
After an accident, you will probably receive a telephone call or visit from an insurance adjuster from the property owner's insurance company. Keep in mind that the adjuster works for the insurance company, and his or her goal is to pay you as little as possible and save his client as much as possible. You could find yourself in a stalemate of negotiations for months, often waiting long periods for answers from the insurance company.
One of the most important things to keep in mind during this period is that the clock is ticking. From the moment you suffered your injury, the clock begins winding toward the day the statute of limitations for filing a lawsuit runs out. Time is of the essence in such cases which is why it's imperative that you hire an attorney experienced in these types of accidents. Be sure to keep documentation of all of your expenses and losses. When the time does come to show the extent of your injuries, your attorney and documentation you provide will help determine the outcome favorably.
If you or someone you love has been injured as a result of a slip-and-fall accident, contact the Gainesville Personal Injury Attorneys of DeCarlis & Sawyer at 352-371-3838. You can also find us online at www.decarlisandsawyer.com.
Monday, September 16, 2013
Statistics On Pedestrian Accidents In The State Of Florida
In Florida, there are many activities that people can get to by walking. As a pedestrian, one needs to be vigilant about safety. In 2010 alone, 4,280 pedestrians were killed and roughly 70,000 were injured in traffic accidents in the US. According to the National Highway
Traffic Safety Administration (NHTSA), a pedestrian was killed every two hours and injured every eight minutes in a traffic accident.
Part of being a safe pedestrian is relying on your senses, and not on painted lines in the road. Research has shown that crosswalks give many a false sense of safety. This sense of false security can lead a pedestrian to enter a crosswalk without properly considering approaching traffic. Some pedestrians have the mistaken belief that cars can and will stop for them.
Today, pedestrians are finding themselves in harms way more often as a result of society's use of technology. Whether it's texting, checking Facebook, listening to music, or writing an email, we are able to do these things while on the go. It's no longer just distracted drivers we have to be worried about on our roadways, it's distracted pedestrians as well. YouTube is full of videos showing this dangerous practice such as a man texting and walking right off of a train platform. Fortunately the man climbed out of dangers way, but this could have had a tragic ending.
Walking home after a few drinks may seem safer than getting behind the wheel, however the NHTSA has found that isn't true for pedestrians. In a 2010 study, one out of three pedestrians killed had a BAC of .08 or higher. As an intoxicated pedestrian, you may be more apt to engage in risky crossing behavior. After a night on the town, your safest bet is to rely on a designated driver or take a cab home.
Be safe while sharing the roadway with vehicles. If you or someone you love has been injured or killed in a pedestrian accident, contact the Personal Injury Attorneys of DeCarlis & Sawyer at 352-371-3838. Find us online at www.decarlisandsawyer.com.
Traffic Safety Administration (NHTSA), a pedestrian was killed every two hours and injured every eight minutes in a traffic accident.
Part of being a safe pedestrian is relying on your senses, and not on painted lines in the road. Research has shown that crosswalks give many a false sense of safety. This sense of false security can lead a pedestrian to enter a crosswalk without properly considering approaching traffic. Some pedestrians have the mistaken belief that cars can and will stop for them.
Today, pedestrians are finding themselves in harms way more often as a result of society's use of technology. Whether it's texting, checking Facebook, listening to music, or writing an email, we are able to do these things while on the go. It's no longer just distracted drivers we have to be worried about on our roadways, it's distracted pedestrians as well. YouTube is full of videos showing this dangerous practice such as a man texting and walking right off of a train platform. Fortunately the man climbed out of dangers way, but this could have had a tragic ending.
Walking home after a few drinks may seem safer than getting behind the wheel, however the NHTSA has found that isn't true for pedestrians. In a 2010 study, one out of three pedestrians killed had a BAC of .08 or higher. As an intoxicated pedestrian, you may be more apt to engage in risky crossing behavior. After a night on the town, your safest bet is to rely on a designated driver or take a cab home.
Be safe while sharing the roadway with vehicles. If you or someone you love has been injured or killed in a pedestrian accident, contact the Personal Injury Attorneys of DeCarlis & Sawyer at 352-371-3838. Find us online at www.decarlisandsawyer.com.
Sunday, September 1, 2013
Personal Injury Attorneys In Gainesville, Florida
The Lawyers at DeCarlis and Sawyer endeavor to provide our clients with the finest legal representation available and our combined trial experience of over 50 years is our foundation in meeting this aim. Our firm utilizes a skilled team of attorneys, paralegals, assistants and investigators in each case. In addition, we firmly believe in the values of excellence and integrity in attaining outcomes for our clients. We also believe reciprocated respect and understandable, timely communications with our clients are critical to achieving shared goals. Lastly, our firm is committed to an ardent work ethic that assures our clients are receiving all the resources, information and attention necessary to win their case.
Our firm is dedicated to a personal understanding of the diverse concerns and needs each case presents and we are devoted to obtaining the best possible results for each and every one of our unique clients. The Law Firm of DeCarlis and Sawyer is concerned about each one of our clients and is honored to have the chance to assist clients in the North Central Florida area.
Our firm is dedicated to a personal understanding of the diverse concerns and needs each case presents and we are devoted to obtaining the best possible results for each and every one of our unique clients. The Law Firm of DeCarlis and Sawyer is concerned about each one of our clients and is honored to have the chance to assist clients in the North Central Florida area.
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