Are you a victim of a case of personal injury? There is a certain step you need to take before searching for West Palm Beach injury attorneys. The process might look like this: getting adequate treatment, calling West Palm Beach attorneys, and spending the required period of time to recover from the injury. Where in that chain of steps does social media come in?

In the priority of things here, your health is important. Immediately, after an accident, you should seek adequate treatment, ‘safety first’ should be the watchword. If you now decide to go to social media to post pictures even before seeking treatment, you are putting the horse before the cart. In fact, this will seem like you are not concerned about your health at all. But we are in an attention-driven world.

You want to tell your friends the latest happenings around you. You want to be liked. You want to earn some sympathy, a lot of likes and a lot of followers to make Mahatma Gandhi bow at your feet. Big mistake! Social media can sabotage your injury claims if you don’t know.

Insurance companies do not want to pay you the amount you deserve in terms of compensation. Without the services of West Palm Beach attorneys, you might be given pennies and stipends instead of the required amount. To find a way to cut this cost, insurance companies have developed many ways to negotiate and bring your claim for compensation down. Your social media is one of their tools.

In this post, you will read extensively about how your actions on social media can be a hindrance in processing your claims. West Palm Beach attorneys will also explain all the details you are about to read.

Posting incriminating evidence on social media especially Instagram

Reading the new trend about the popular social media platform, Instagram, there are now more than 1 billion users, actively sharing videos and photos. In a month, the record says about 800 million of the users are posting. 71 percent of the total population of America is using the platform. And 60 percent of the said population check-in at least once in a day, uploading more than 95 million pictures between every 24 hours. Looking at this, it now seems Instagram is a fast way to connect with the majority in a short time. There is bad news for someone who is seeking personal injury claims.

Some pictures aren’t meant to be online for people who are putting up claims of injury. The pictures can be the beginning of the end of your claims of personal injury. A report, according to one case of personal injury in New York, shows that posting pictures online can sabotage your claims. In fact, that is worth rephrasing as ‘they will sabotage your claims.’

Reviewing a case of personal injury as an attorney: Smith V. Pasquale

Charisma Smith was involved in an accident and she posted pictures on her public Instagram account. The accident caused Smith an (alleged) enjoyment of her personal life. The pictures wouldn’t have been a course for concern, but some of the pictures show the woman engaging in activities that include walking on a sidewalk and mountain climbing. Also, Smith said in her claim that the injury was sustained to her knee and spine which had made enjoying life difficult.

During the case, Frank Pasquale is one of the defendants. He used the Instagram post of Smith to admit that if the pictures were truly that of Smith then her injury is not as serious as she claimed. He went further saying that Smith at some point after the accident changed her account from public to private. Seeing how this might turn out, Smith legal team ignored Pasquale motion and chose to seek a protective order instead.

John Higgitt, the court justice, denied the protective order, discovering that the motion to admit is about ‘clear-cut matters of facts.’ Smith was to answer if she has an Instagram account or not. If the incriminating pictures are checked, they could ruin Smith’s case.

Should this be allowed? Checking social media evidence in search of evidence?

Old tricks arrive in the modern age

Repeating what you have read earlier, insurance companies do not want to pay for what you claim. Lately, they have been defeating personal injury claims. They will aggressively find ways and tactics to cut down or completely ruin your claims. In that attempt, they will lift every table; turn up every rug to find evidence. And since one of the locations of finding information about someone is social media, they check that place too. 

Though we see surveillance as a debatable tactic used in the prosecution of crime, insurance companies depend on it in their effort to dismiss as many claims as they can. This might look wrong; a company that should be trusted with information is using surveillance tactics. The law, however, did not frown at it.

In fact, the law allows insurance companies to

  • Shoot video
  • Record audio
  • Capture still photos

So once an injured person can appear in public places, they can as well be taped. Does that mean you should be scared? No, there is a limit to the level of surveillance accessible to the insurance company. You are allowed to have complete privacy inside your house.

How does this information relate to social media?

Insurance companies are allowed access to your information in public places. For your social media account, if it is open to the public, insurance companies are allowed to access it. So, as you post pictures and videos on the internet and you make them public, know that this stuff can be accessed by many people and companies. It can serve as a tool for a defendant if you ever become a plaintiff.

Back to Smith’s case, once she has put the pictures online for public consumption, the defendant has the freedom to check them and used them to dismiss her claim. And so, she provided her opposition with the evidence which was used to defeat her.

Finally, it is advisable to be careful about what you put out there. West Palm Beach attorneys are always available to help in every situation. But they can not help when you have dug a trap for yourself and fallen completely inside as the example in this post. Stay safe. Whatever you put in a public place can be used to sabotage your claims.



A West Palm Beach attorney can help a person claim for compensation from a dog bite. Who is at fault or how to go about is another question. First, what is the situation and how can it happen?

Dog bites are predominately non-fatal injuries. The bite cannot lead to death easily, but that doesn’t mean it is an exciting experience to be bitten by a dog. In some cases, children are the victim. So imagine how painful and dangerous the dog bite is to a 3-year old. Now you see, dog bite should be prevented and avoided at all cost. 

Humans are not perfect. We make mistakes due to negligence or carelessness. So if someone else’s mistakes lead to a dog biting another person; this calls for the attention of a West Palm Beach attorney. They will help with their understanding of the dog bite laws.

The case of dog bites has been in existence since the beginning when dogs start living with a human. For a problem existing as long as this, there should already be a lasting solution. But no, there is no solution yet; children and adults are still liable to experience dog bites provided there are dogs around. Some communities and towns have taken the issue seriously, developing strict rules for raising a dog or banning the presence of these canines totally. If you live in a place like Florida, you will know there are no such laws or bans. So you have to act and protect yourself and your kids accordingly.

In some parts of the United States like the Miami- de county, some breeds of dogs are considered to be dangerous and have been banned completely. This is called the legislation of specific breeds. The ban has not yielded the result it was aimed to achieve because cases of dog bites are still occurring. So you might think of something better.

What if the dog owners are held responsible?  Dogs aren’t aliens falling from heaven. They are raised by someone, and if such person takes adequate care of their pet in terms of restricting their movement, feeding, and protecting them, then there would be no reason to meet a West Palm Beach injury attorney for a case of dog bites. 

Holding the owners responsible will make them be more concerned about the behaviour and the damages their dogs can cause. The more responsible they become, the more there would be a reduction in the cases of dog bites.

Will the owner take responsibility if her dog bites me?

Under the law, owners of dogs are responsible for dog bites. This is supported under the pursuant of Florida’s Dog Bites Statute section 767.04. There is a liability policy that strictly says that dog owners are to be held responsible if their dogs bite someone else. It doesn’t matter if the owner has been previously warned that her dog is likely to bite others. In simple terms, this says that dog owners should see it as a duty to protect other citizens from their dog’s bites.

No one is exempted from a dog bite. Dogs do not care if you are the oldest person in the city or the youngest, gentlest soul on earth. They could bite anyone. When it happens, the injured person won’t need to explain that the dog is poorly raised or lacks adequate care. The dog owner will be responsible, even if the dog has a clean record or not, the owner will be responsible. (A clean record can be in the form of past behaviour of the dog. Does it usually growl at people, has the dog bit someone else before?)

There can be a valid claim if and only if someone else dogs bite or cause damage to another person, and the injured is lawfully in a private place or in a public place at the time of the bite.

When there is a bite, the first step is to call the animal control in your locality. They would help treat the wound and verify the dog vaccination history so that the injured is not infected with other issues. Dogs bite can be infectious and the infection can be prevented using antibiotics.

Are there exceptions or other conditions that will not be considered?

Yes, there are exceptions. And you can find them under Florida’s dog bite strict liability rules. The strict liability will not be effective if:

  • The injured person has trespassed
  • The police or military dogs are performing their duties
  • A dog is vicious and damages to properties

If the injured has been acting negligently in some ways, there would be a reduction in the burden of responsibility on the dog owner. The percentage of fault will determine the size of each of the victims and the owner’s responsibility.

The negligence of dog owners in West Palm Beach

The law that affects West Palm Beach is the same as that of the whole of Florida. Owners of dogs will be held guilty or considered to have been negligent if any of their actions disobeyed the Florida law under the statutes related to dog bites. Examining the laws closely, below are the situations when the owner of a dog can be considered to be negligent:

  • The dog is found to be roaming freely without supervision around West Palm Beach
  • They allow their dog to walk around without using a leach
  • The owner is not acting reasonably about their dog’s behavior

Intentional tort

Most times the dogs make their own decision to bite or not. But their owners could also make them bite another person. This can be in the form of an action that provokes, incites, pushes, orders or encourages the canines to use their teeth on someone else.

This is classified under intentional tort. And the injured or victim can seek compensation for the injury which is best done with the help of a West Palm Beach injury attorney.

The Statute of limitation for dog bites.

You should act fast when considering when to choose a West Palm Beach personal injury attorney. The period for filing the case is within 4 years from the date of the incidence. If you stayed too long before you decide to seek compensation and four years elapsed, the law barred you forever from seeking compensation or any other legal restitution.



Cycling is cheap. In Florida, like many parts of the world, cycling is considered to be a healthy and convenient way of traveling around town. It is, however, possible to have cases of an accident with these bicycles. And the best people to talk to are the West Palm Beach injury lawyers.

If there is no accident at all, cycling is safer for the environment because it doesn’t give up harmful substances. It indirectly improves the quality of life of people living in the environment, because looking at a life that is not harmed is stable and safe.

If you live in West Palm Beach, you will notice the relationship between motorists and cyclists. It is either you hear complaints from motorists that cyclists do not obey traffic laws or you hear cyclists saying motorists are too selfish, wanting all the length of the road for themselves.

Both complaints are not true of course, but let’s look at it closely to see what’s going on around the town.

Certainly, there are a number of crashes between cars and bicycles in West Palm Beach. Usually, the bicycles are exposed to greater injuries and damage than the cars involved.  Looking closely at the causes of the accident, it was established that negligent and reckless driving is one of the main causes. The bicycle and its rider are prone to bigger challenges and damages during a crash, with many sustaining serious injuries or death.

A bicycle is a small means of transportation especially when you compare the size with other vehicles on the road such as cars, lorries and even motorcycles. Do you want to know the severity of the damage that could happen? For instance, in 2017, the number of cyclists who died after being involved in an accident with cars in the United States was recorded to be around 700. 

You might ask why the car drivers are somehow at fault. Why?

A driver has a duty to other road users which is to ensure the road is safe for everyone. As he drives, he should have it at the back of his mind that he has a responsibility to ensure the road is safer and secure for other road users and that he wouldn’t serve as a source of trouble. This responsibility also covers cyclists among the other road users.

So if the drivers act or take actions that lead to an accident, he could be charged with negligence. If he drives carelessly such as disobeying traffic laws or take any other action that is deliberate, he might be charged for negligence.

Many situations can be considered as negligent. They will be discussed below

Drunk driving or intoxicated driving

A person can be drunk with alcohol or intoxicated with other drugs. When in this state of trance, the ability of such a person to drive perfectly will diminish. They won’t see all the things required to be seen such as the traffic signs and that little cyclist riding in front of them, and they could easily knock the cyclist over.

Turning dangerously

Some drivers would turn suddenly at an intersection when a cyclist is coming from behind. They would do this as if the cyclist is not in the picture and should not be considered. If the cyclist isn’t careful, she might run directly into the car. The cyclist can even crash into the car if the driver has miscalculated the speed of the bicycle.

Usually, if the car driver does a sudden left-turn, this might cause panic, cut the cyclist path and cause a collision.  If the turn is a right-hand, the cyclist might have little options which are both dangerous; the cyclist might be knocked over by the car or forced to take the path of other vehicles. Whether it is a right or left turn; the cyclist might get injured or killed in the process.

In any case of the situations, the best set of action is to consult with a group of West Palm Beach injury lawyers. 

Improper yielding   

Some drivers would rather turn a deaf ear to the demands of other road users such as the cyclist even if the suggestion would benefit both of them. On the other hand, there are drivers that will yield in absolutely every situation. While totally opposite, these could both result in an accident.

Passing dangerously

Despite that a cyclist only needs a small space to move around on the road, many of the drivers will not give the cyclists enough space. This can lead to side-sweeping of the cyclist by the car’s side mirror. Imagine the car is a bigger one; the cyclist might be forced into traffic or pushed into other situations.

Ignoring the side mirror in a serious situation

Perhaps this is still part of the unwillingness to yield to the cyclist’s request. Some drivers will ignore the side mirror completely when making a turn or driving off the main road. Imagine a cyclist is driving beside such driver; there will be a lot of problems for the cyclist such as crashing, being knocked down or the car might hit the cyclist.

Not giving regard to the designated bicycle lanes

This is another cause of conflict between cyclists and drivers. Drivers are often too aggressive in approaching bicycle lanes. This can either scare the cyclist or cause a physical interaction between the two. It’s best if drivers respect the lanes designated for cyclists. 

Opening doors without much care for what is coming

This commonly happens when the car is parked. When such drivers open the door without looking out for the cyclist coming behind, he might knock him down, the cyclist running into the opened door. This could have been prevented by checking behind especially when the car is parked parallel to the road. All the driver could have done is to look at the mirror, wait when there is a cyclist coming at a close distance, and open when the bicycle rides past.

A cyclist can talk to a lawyer

If you are ever involved in an accident as a cyclist and the fault is that of the driver, you have the right to demand compensation. Schedule a consultation with a West Palm Beach injury lawyer to find out your legal rights..



Seventy-five million families in the United States rely on life insurance policies to protect their financial security and future. The residents of Florida own eight million individual life insurance policies, and their coverage averages approximately $130,000 per policyholder.

While estate planning, lawyers routinely handle matters pertaining to wills and trusts, after a person dies, most families are depending on life insurance. Moreover, the party who receives the payout from a life insurance policy is not determined by anything written in a will or in a trust.


As you know, when you buy life insurance, you name one or more beneficiaries who will receive the death benefit. Is that benefit subject to probate – and thus to taxes and debt collection? And what happens to a life insurance policy if the beneficiary has passed away or cannot be located?

Exactly what happens in the probate process? Should probate be avoided if possible? If you keep reading, you will learn some answers in this brief discussion of life insurance and probate.


In most cases in Florida, life insurance will be paid directly from a life insurance company to the policy’s beneficiaries, and probate usually is not required or necessary. Because it is not subject to taxes or debt collection, life insurance is not deemed to be a part of a policyholder’s estate.

But what happens if a policy’s beneficiary cannot be located – or is now deceased? If no beneficiary claims the benefit, it may be added to the deceased policyholder’s estate, and that makes the life insurance benefit subject to the probate process.


Probate” is the legal process that distributes a deceased person’s estate. The probate process typically uses the deceased person’s will as a starting point, because the will names the beneficiaries who will be entitled to a part of the estate when it is distributed by an executor.

Particularly with high asset estates, probate is often a lengthy and contentious process as multiple parties claim parts of the deceased person’s assets. If it is at all possible, probate is something to avoid – even if, in the end, the process has been fair and the estate is distributed properly.


Probate assets are those assets that a deceased person owned singularly and exclusively in his or her name at the time of death and any assets owned by both the deceased person and one or more co-owners that lack a legal provision for automatic succession.

If someone dies in the state of Florida with outstanding debt, that person’s estate will pay off (or will go toward paying off) the debt, and federal estate taxes may also have to be paid. (There is no state-level estate tax in Florida.)

However, when a death benefit is paid directly by an insurance company to a policy’s beneficiary, the beneficiary is paid the benefit in full, and there is no tax or debt obligation.

According to the Florida Bar Association, in this state, “A life insurance policy … that is payable to a specific beneficiary is not a probate asset, but a life insurance policy … payable to the decedent’s estate is a probate asset.”


Here in Florida, scores of people do not name a life insurance beneficiary. If no beneficiary has been named, if no beneficiary can be located, or if the designated beneficiary has passed away, the insurance company pays the estate, and the death benefit is subject to probate.

Probate is a complex and difficult process. Surviving family members who need help regarding any life insurance or probate matter should contact an experienced West Palm Beach estate planning attorney at once. Any failure to act promptly could be costly.


What is important to remember is that your life insurance policy’s beneficiaries need to be alive and locatable at the time of your death. This means that you may occasionally need to update the names of the policy’s beneficiaries.

Keeping your policy up-to-date ensures that the death benefit will not be subject to probate. Naming a second (or a “contingent”) beneficiary is a smart idea – in case your primary beneficiary dies or disappears before you can make an update.

What is also important to remember is that you are reading only a general discussion of life insurance and probate in Florida. Everyone’s situation is unique, so you must have the insights and personalized legal advice that an experienced south Florida estate planning lawyer can offer.


Beneficiary disputes over life insurance benefits can emerge when a deceased person changed a beneficiary before his or her death and there is a dispute regarding the validity of that change.

The courts in Florida will invalidate a life insurance beneficiary change if the change involved any type of fraud or undue influence or if the policyholder lacked the mental capacity to make such a change competently.

Most insurance companies have strict procedures in place for changing a beneficiary. A Florida court will consider the deceased person’s medical records, the statements of witnesses, and other evidence to help determine the person’s mental state when the change was made.


If you believe that you are rightfully entitled to a loved one’s life insurance benefits, and if your claim to those benefits is denied for any reason, discuss your situation with a good Florida estate planning and insurance attorney. You may be able to take legal action and obtain justice.

And if your family depends on you, it is not too early to begin planning your estate. Proper estate planning requires an experienced West Palm Beach estate planning attorney who will help you create legal documents which ensure that your wishes are carried out with minimal interference.

No one can know what tomorrow may bring, but a good south Florida estate planning lawyer will work with you diligently until your estate planning process is complete and meets entirely with your satisfaction.

And if the responsibility for a loved one’s financial affairs falls on you after that person’s death, reach out to an experienced Florida estate planning and probate attorney for the timely advice and legal help that you will very much need.

What Families Need To Know About Trust Disputes

Here in Florida, smart estate planning requires help from an experienced estate planning attorney to create the legal documents that you’ll need. Irrevocable trusts and revocable trusts are among the most popular estate planning tools.

What are the advantages of irrevocable and revocable trusts in this state? How are trust disputes handled in Florida? When is an estate planning attorney in West Palm Beach needed?

An estate planning attorney can create a trust to avoid probate and to expedite the distribution of assets after your death. Trusts in Florida are also a good way to protect certain assets and to avoid particular taxes.


Smart owners of extensive assets have used trusts successfully to avoid the probate court in Florida and to save beneficiaries money, time, and aggravation.

probate court in palm beach county

However, trusts are not a guaranteed way to avoid courtroom acrimony. Trusts are subject to litigation – meaning that they can be legally contested – in Florida. Trustees, beneficiaries, or others may challenge a trustee’s actions or the trust itself – and lawsuits will emerge.


In South Florida, an accomplished estate planning law firm should be contacted when:

  • You begin the estate planning process.
  • A trustee needs help administering a trust.
  • A trust is challenged or contested legally.
  • A trustee breaches his or her fiduciary duties.


A trustee and a settlor are two different roles, but one person can perform both functions. A settlor is the person who creates the trust and reserves powers with respect to the trust. A trustee manages the trust until it is terminated.


In Florida, the document that creates a trust that a settlor uses for asset distribution after he or she has died must be signed and must meet the same legal requirements as a will. The settlor must be of sound mind and free of undue influence when the trust is created.


There are a number of possible disputes and causes of action arising from revocable and irrevocable trusts. A cause of action may be brought for the following reasons:

  • The trust doesn’t meet Florida’s legal requirements for a trust.
  • The settlor was not of sound mind or mentally capable of making the trust.
  • Undue influence affected the settlor.
  • The trustee violated Florida law when trust assets were distributed.
  • The language of the trust document is confusing, unclear, and vague.
  • The trust should be changed or revoked.


A beneficiary in Florida may take legal action if a trustee breaches his or her fiduciary duty. Trustees have the duty to administer a trust properly and in the best interests of its beneficiaries.

lawsuit over trust

A breach of duty happens when a trustee:

  • does not make proper asset distributions
  • does not make a timely accounting
  • does not administer the trust in the manner specified by the trust
  • does not invest the assets of the trust properly
  • uses trust assets for his or her own advantage
  • pays him or herself excessively for service as a trustee

The Florida Trust Code allows a person who prevails in a trust litigation matter to recover lawyer’s fees and the costs of litigation from the trust estate.


When you are the trustee of a revocable or an irrevocable trust, your task will be easier from the start if you have cordial relationships with the trust beneficiaries – the people who benefit from the trust money. The wisest way to handle the concerns of beneficiaries is to:

  • Contact them early.
  • Explain to them your role.
  • Help them understand how long it takes to administer a trust.
  • Treat beneficiaries’ questions as opportunities to create good will.
  • Do not hide the trust document or the assets.


Here in South Florida, an experienced West Palm Beach estate planning attorney can help you in the prosecution or defense of any claim involving Florida trust law, such as:

  • A claim against a trustee: Your attorney can work to hold a trustee accountable for a breach of trust or for an abuse of power.
  • A claim against a trust itself: If you have been deprived of assets because of undue influence over a decedent, an estate planning attorney with trust litigation experience may be able to help you.
  • Third party lawsuits: A Florida estate planning attorney can defend the estate against claims filed for unsettled debts or for personal injuries.

emotional trust dispute

The disputes that can arise over a trust may be emotionally difficult for a family. If your loved one’s instructions have not been followed, or if a breach of fiduciary duty has occurred in some other way, an estate planning lawyer will help you act and help you resolve the problem.


Florida’s Trust Code, which took effect in 2007, provides several options – beyond having a trust declared invalid – for beneficiaries or others considering legal action:

  • Out-of-court settlements: Under the Florida Trust Code, parties may agree to a binding nonjudicial settlement regarding virtually any trust matter. Many lawsuits can be avoided when the parties can reach a private, out-of-court agreement.
  • Trust modification or termination: Trust disputes are often settled by a simple reformation, termination, or modification of the trust. The Florida Trust Code allows for trust modifications that are consistent with the settlor’s intentions.
  • Termination of uneconomic trusts: A court may terminate or modify a trust or may remove or appoint another trustee if the court finds that the value of the trust property is inadequate to justify the continuing expense of administration.
  • Trustee removal: The Florida Trust Code additionally allows the removal of a trustee at the request of all of the beneficiaries. Removal by request does not require evidence of malfeasance but only a showing that removal serves the best interests of the beneficiaries.


Anyone with questions or concerns regarding estate planning and trust litigation should speak as soon as possible with a skilled West Palm Beach estate planning attorney. Whether you are a settlor, a trustee, or a beneficiary, an estate planning lawyer’s help is your right.

Can Temporary Employees Sue For Work Injuries?

Temporary workers are a huge part of the U.S. economy in the 21st century. Currently, about four million people work in this country as temporary employees. That number should grow as two of every five companies in the U.S. are looking to hire temporary employees in 2019.

With so many people working as temporary employees, it’s important to know if and how those employees are entitled to workers compensation benefits if an injury happens on the job. If you’re a temporary employee, what are your rights if you’re injured? How can a West Palm Beach work injury law firm help?

Can you be compensated for medical expenses arising from a work-related injury? Will you have to file a lawsuit?


Temporary employees who have been injured at work are eligible for workers’ compensation benefits in Florida. Employers with four or more employees are required by Florida law to carry workers’ compensation coverage for their employees.

employees in the workplace

Workers’ comp in Florida:

  • provides workers who are injured on the job with partial compensation for lost wages
  • covers the medical expenses arising from job-related injuries
  • compensates permanently disabled workers

Temporary employees work for both a placement agency (or “temp” agency) and for a client company, but in Florida, responsibility to provide workers’ comp coverage falls to the placement agency unless the agency and client company have a contract that specifies another arrangement.


Still, a client company may in some cases be sued for negligence – if in fact, the company was negligent – when a temporary worker is injured on-the-job. This means that both employers could be held accountable for the damages suffered by an injured temporary employee.

If you are a temporary employee in the state of Florida, you need to know who is liable for any work-related injuries you may suffer. If the placement agency can’t or won’t give you the information you need, you should probably look for different work or a different agency.


If you are injured in Florida while working as a temp employee, you should follow the standard workers’ comp procedure. You must inform your employer within thirty days of a workplace injury or within thirty days of receiving a diagnosis for a work-related illness.

informing workplace of injury

Injured temp workers must inform both the temp agency and the client company. One of them should provide the paperwork to apply for workers’ comp benefits. If they don’t, get the form from the Florida Division of Workers’ Compensation, and speak to a workers’ comp lawyer.

Even though you are entitled by law to workers’ comp benefits if you are injured on the job, the reality is that most workers in Florida will face a genuine challenge when they pursue a workers’ compensation claim.


Temporary workers in Florida may not qualify for employment-based health insurance, retirement plans, or vacation time, but in other respects, temp workers are entitled to the same rights as full-time workers, including the right to:

  • a hazard-free, safe workplace
  • training in a language the employee understands
  • appropriate safety and personal protective equipment
  • report job-related injuries without reprisals or retaliation

Full-time and temp workers also both have the right to contact the Occupational Safety and Health Administration (OSHA) to request a workplace safety inspection.


OSHA tells us that temp workers face more job-related risks than full-time workers – and sustain more job-related injuries – because temp workers are always “new” on the job and are unfamiliar with the location and the standard procedures.

back injury at work

Significant workplace injuries are covered by workers’ compensation, but cuts, scrapes, and other minor injuries usually will not be covered. If you’re exposed repeatedly to toxic chemicals that cause headaches or other symptoms, you will probably qualify for workers’ comp benefits.

Medical attention is your first priority if you’re injured at work. If you are a temp worker, report the incident to both your placement agency and the client company immediately. Put your report in writing and hold on to a copy of it.


As mentioned previously, you have thirty days to report an injury to an employer, but do not wait thirty days. Report injuries at once. In south Florida, you should also speak to an experienced West Palm Beach workers’ compensation attorney immediately after a work-related injury.

Without an attorney’s advice, an injured temp worker may have difficulty obtaining workers’ comp benefits, but a good workers’ comp lawyer will see to it that your benefit claim is accurate, complete, and that no misunderstandings or mistakes will delay the payment of your benefits.

Employers and insurance companies sometimes try to deny the workers’ compensation benefits that an injured employee is entitled to. An employer or insurance company might claim that your injury occurred away from the workplace or that it’s not as severe as you claim.


If your claim for worker’s comp benefits is denied, let a workers’ compensation attorney help you appeal to the Florida Division of Workers’ Compensation. A workers’ comp lawyer can arrange for you to be seen by an independent doctor and receive a second opinion.

other doctors after injury

If you have grounds for filing a personal injury claim against a temp agency’s client company – or against another third party that may have liability for your injury – an experienced West Palm Beach workers’ compensation attorney can explain your rights and help you take legal action.

If you’re injured at work, exercise your rights immediately. A number of deadlines apply to both worker’s compensation claims and personal injury claims, so you cannot afford to procrastinate, and if you miss a deadline, you’ll receive no benefits, and no attorney will be able to help you.


You have the right to a good attorney’s help if you’ve been injured at work in Florida, and if you take advantage of your rights, it is illegal for an employer to retaliate against you in any way.

If you are not sure whether you qualify to receive workers’ compensation benefits or to file a personal injury claim, it costs nothing to learn more about your case and your rights. Your first meeting with a worker’s comp attorney will not cost you anything or incur any obligation.

According to the Florida Division of Workers’ Compensation, more than 50,000 job-related injuries were reported in Florida in 2018. That means whether you are a temp worker or a full-time employee, it’s not difficult to get injured at work in this state.

If an on-the-job injury happens to you anywhere in the state of Florida, exercise your rights, get the legal help that you’re very much going to need, and get that help immediately.

Are Pedestrians Safe In Florida?

Walking is supposed to be healthy for us, but simply taking a walk can be quite risky in some parts of Florida. The outcome can be tragic when a pedestrian is hit by a car, a bus, or a truck. And Florida is the most hazardous state in the nation for pedestrians. This is where a West Palm Beach pedestrian accident attorney help.

In fact, according to a report published in January 2019 by Smart Growth America, a D.C.-based advocacy group, eight of the nation’s top ten most dangerous metro areas for pedestrians are in Florida. The Orlando-Kissimmee-Sanford area tops the list.


The following figures regarding pedestrian fatalities in the United States were released in 2018 by the Governors Highway Safety Association. From the years 2007 through 2016:

  • Pedestrian deaths rose by 27 percent.
  • Other traffic fatalities dropped by 14 percent.
  • Pedestrian deaths rose from 11 percent of all traffic deaths to 16 percent.

And in the first six months of 2017:

  • Florida and four other states accounted for 43 percent of pedestrian deaths in the U.S.
  • Florida was surpassed in the total number of pedestrian deaths only by California.
  • Florida reported 303 pedestrian fatalities.

Each year, more than 5,000 pedestrians die in the United States, and more than 64,000 pedestrians are severely injured in accidents with cars, buses, motorcycles, and trucks.


You might think that most pedestrian accidents in Florida involve shoppers or office workers in busy and crowded urban settings like downtown Miami or West Palm Beach, but that’s not always where pedestrian accidents happen in our state.

pedestrian safety in FL

Many of the pedestrians who are injured in Florida are injured far away from urban settings. They’re beside a dark, nearly-deserted highway, trying to change a tire or start a stalled vehicle.

Many of the older two- and four-lane highways in rural Florida have no sidewalks and lack adequate lighting – or any lighting at all. Some of these injured pedestrians include law enforcement officers making a traffic stop or conducting an accident investigation.


One insurance company study suggests that approximately sixty percent of pedestrians these days are “distracted” pedestrians, and distracted pedestrians can be almost as dangerous as distracted drivers.

Take a look at pedestrians. You’ll see them texting, talking on their phones, and listening to music. Some are trying to read while walking. Distracted pedestrians today routinely walk into traffic, buildings, parking meters, and utility poles – because they’re looking at a small screen.

injured knee in FL

Pedestrians don’t as a rule wear pads or helmets, so just being a pedestrian puts you at risk. If you hurt yourself due to your own carelessness, an attorney can’t help, but if you’re injured because someone else was negligent, speak right away to an experienced accident lawyer.


If you are injured as a pedestrian because a motorist was negligent, arrange at once to meet with a qualified West Palm Beach personal injury attorney.

The injured victims of negligence are entitled under Florida law to compensation for lost wages, medical expenses, and all other losses and damages arising from their injuries. A good personal injury lawyer will explain your rights and explain how the law may apply in your own situation.

injured pedestrian in South florida

Most Florida personal injury lawyers offer the injured victims of negligence a first legal consultation at no charge and with no obligation, so if you have been injured as a pedestrian, it will not cost you anything to learn more about your options and rights.

Injury lawyers work on a contingent fee basis, so injury victims pay no attorney’s fees until and unless a settlement or judgment is recovered. If you can’t work because you’re injured – and if the bills are piling up – you can still afford to seek justice and have your day in court.


Walking safely in Florida simply means avoiding the usual distractions. Don’t text or read while you’re walking. If you must speak on your phone, step away from the sidewalk and stop in a safe location to make or take the call.

After sunset, take a flashlight if you take a walk. Don’t walk where it isn’t well-lit. And don’t forget the basics, like looking both ways when crossing the street. If you’re injured while you are a pedestrian in this state:

  • Summon medical attention immediately. Then call the police.
  • When the police arrive, find out how and when you can get their written accident report.
  • Take photographs of the accident scene, the vehicle, and your visible injuries.
  • Get the driver’s complete contact details and insurance information.
  • Get the names and contact details of any eyewitnesses.
  • After your medical treatment, contact an accident attorney at once.


Here’s what conscientious motorists can do to lower the number of accidents that involve pedestrians in Florida:

  • Don’t eat, groom, or text. Don’t let kids, pets, the radio, or the scenery distract you.
  • Be alert. Always look for pedestrians. Be even more careful after dark.
  • Lower your speed and drive cautiously through construction zones.
  • Don’t drink and drive.
  • Routinely have your tire pressure, brakes, wipers, lights, and safety belts checked.
  • Stay up-to-date regarding recalls of defective vehicles and defective vehicle parts.


Every pedestrian is potentially a victim of negligence. You might be strolling on the sidewalk when a car, a bus, a truck, or a motorcycle careens out of the driver’s control. You could even be injured by a bicyclist or a skateboarder.

If you are injured by a negligent driver in South Florida – as a pedestrian, as a passenger, or as a driver – you must be represented by an experienced West Palm Beach personal injury attorney. Make the call as soon as you’ve obtained medical treatment.

walking in south florida

Florida is dangerous for pedestrians, but if you are an injured victim of negligence, the law in this state is on your side, and compensation is your right.

What To Do When An Animal Causes You To Have An Auto Crash?

Typically, you won’t see wild animals walking around West Palm Beach, Miami, or Key West. But when you drive near the Everglades, the Tamiami Trail, and points north, you are likely to see deer and other animals grazing by the roadside, in a field, or in a wooded area. This is something our West Palm Beach car accident law firm knows very well.

Most of these animals will not stop for oncoming traffic when they cross a highway. In many cases, motorists don’t see animals on the road until it’s too late.

If you hit a wild animal, you’ll have to deal with your own insurance company, and you won’t be able to take any legal action. If a farm animal causes a traffic accident, you’ll have legal rights, and if you’re injured in such a crash, you’ll need to know and exercise those rights.

Farm animals rarely cause accidents, but if they’re not properly secured, these creatures – especially cows and horses, because of their size and weight – can cause serious accidents and severe injuries.


If you are injured on a Florida road or highway because you collided with – or swerved to avoid – a farm animal on the loose, you may be able to file a personal injury claim against the owner.  You may even be able to win reimbursement for your medical bills and related expenses.

cows grazing

In fact, if you are injured in any accident in Florida because someone else was negligent, it’s imperative to discuss your case immediately with an experienced West Palm Beach personal injury attorney.

In rural areas, drivers will sometimes notice warning signs that deer may be crossing. Skunks and raccoons, for example, can often be seen in rural settings. But you do not expect to see hogs, cows, or horses on the highway.


If you do see farm animals on the road, it’s probably because someone at a nearby farm has negligently left the creatures free to roam.

If a traffic crash happens because of a farm animal that has a legal owner, and if you’re injured in that accident, the owner can be held accountable for damages. Livestock owners are required by law to keep their livestock safely restrained.

If a farm animal gets loose, and if you are injured by colliding with it or by trying to avoid a collision, the animal’s owner may be legally negligent. These incidents often happen at night, when motorists are unable to see animals clearly on dark, rural roadways.

Swerving to avoid an animal can have fatal consequences – you could swerve into another vehicle or even a tree. At highway speeds, a sudden stop can cause whiplash – especially if the driver behind you isn’t able to stop.


Of course, to recover compensation from an animal’s owner, who that owner is must be determined.

If a farm animal gets loose and you are injured in an accident involving the animal, the owner may be deemed legally negligent and ordered to compensate you for your injuries. You’ll need the help of a good personal injury lawyer.

cows in farm

If a farm animal – or even a large dog – gets loose because the animal’s owner neglected to close a fence, that owner can be held accountable for your personal injury or injuries. Compensation in these cases is usually paid from the owner’s homeowner’s or renter’s insurance.


However, if you’re injured because an animal gets loose, and if the animal’s owner can prove that it was not his or her fault that the animal got loose, it’s possible that you may not be able to pursue or receive compensation.

In some states, “strict liability” applies to the owners of farm animals, making them liable for all injuries caused by their animals.

But in Florida, the state’s Supreme Court (in Selby v. Bullock, 1973) has determined that strict liability doesn’t apply in cases involving farm animals, so you and your attorney must prove that an animal’s owner was negligent for a personal injury claim against that owner to prevail.


After any traffic collision, seek medical attention immediately. Even if you don’t feel injured, you may have sustained a latent or difficult-to-detect injury that could later emerge as a serious medical situation.

injured hand

After obtaining medical care, contact a qualified South Florida personal injury lawyer at once if you have been injured in any incident involving an animal. After reviewing the details of the accident and your injury, your attorney can recommend the best way to move forward.

You must act quickly. If you are injured because a farm animal’s owner was negligent and you choose to seek compensation, the statute of limitations in Florida gives the injured victims of negligence four years from the date of the injury to file a claim and initiate the legal process.


What you cannot do is wait four years and then scramble to file a personal injury lawsuit at the last minute. Don’t even wait four weeks to speak with an experienced West Palm Beach personal injury attorney. The sooner you put a good lawyer on the case, the more likely you are to prevail.

Of course, you must drive carefully and cautiously, especially in rural areas at night. If you are deemed negligent and responsible for your own injuries, you could end up receiving nothing from another party after an accident.

An injury victim won’t have to pay anything for a first legal consultation. Florida’s personal injury lawyers provide a free first consultation, so you’ll be able to learn more about your rights and about where you stand legally – at no cost to you.


If you choose to take legal action, you’ll pay no attorney’s fee until your accident attorney recovers compensation on your behalf. Most accident cases in Florida are resolved privately and out-of-court, so most victims of negligence never even have to appear in a courtroom.

lawyers negotiating settlement

Of course, in some cases, no out-of-court settlement will be possible, and your lawyer may recommend taking the case to court, so you must be represented by a South Florida accident lawyer who has substantial trial experience.

A good accident attorney’s help is your right, and in fact, if you’ve been seriously injured, your future could depend on it.

Who Qualifies For Workers’ Comp In Florida?

If you are injured on the job in the state of Florida, or if you become sick because of your job, you may qualify to have the state’s workers’ compensation system pay for your medical expenses and for the partial reimbursement of your lost wages. Can a West Palm Beach workplace accident attorney help?

Workers’ compensation is an insurance program for injured employees. It is established and managed by the state. Employers pay into the workers’ compensation system on behalf of their employees.


Injuries on the job can happen in any workplace and in any line of work. Obviously, some jobs, like construction, are more dangerous than others, but anyone could be temporarily or even permanently disabled by a job-related injury. If that happens to you, what steps should you take?

Here is how the system works. Employers in Florida who have four or more employees are required by law to carry workers’ compensation coverage for those employees. Independent contractors are not considered employees and are not covered.

workers comp florida

Workers’ comp in Florida:

1. ensures that employees who are injured on the job do not have to pay out-of-pocket for their medical bills arising from an on-the-job injury
2. provides injured employees with partial compensation for lost wages
3. compensates permanently disabled workers


When an employee is injured on the job, instead of filing a personal lawsuit against the employer – and then having to prove legally that the employer was negligent – the injured employee may file a workers’ compensation claim.

The workers’ comp system protects employers from lawsuits; injured employees, in return, receive benefits automatically. All that an injured employee has to prove is that the injury was serious enough to require medical care and that the injury happened at work or was work-related.


In Florida, any significant injury that you sustain at your place of work or while you are engaged in work-related duties will be covered by workers’ compensation. Cuts, scrapes, and anything else that may be treated with first-aid probably will not be covered.

injuries at work

A chemical spill that causes a brief headache probably will not be covered either, but if you are repeatedly exposed to chemicals that cause frequent headaches, you will probably qualify to receive workers’ comp benefits.

Injuries that are sustained while you are commuting to or from work, injuries that are sustained while you are away from your workplace at lunch, and injuries caused by horseplay, by violence, or by alcohol or drug abuse will not be covered by workers’ comp.


If you are injured at work, getting medical attention is the first and most immediate priority. As quickly as possible, report the incident to your employer. Put that report in writing, and keep a copy. Most larger employers in Florida will have pre-printed or online injury report forms.

Under workers’ compensation rules, you actually have thirty days to report an injury to your employer, but you need to do that immediately. In south Florida, you should also contact – as quickly as possible – an experienced West Palm Beach workplace accident attorney.

Injured employees are sometimes uncertain if they qualify for workers’ comp benefits, and they are also sometimes uncertain about how to file a workers’ compensation claim.


In South Florida, if you are injured at work, your best move is to seek promptly the advice of an experienced West Palm Beach workplace accident attorney.

lawyer helping injured worker

Without a lawyer’s help, an injured employee may find it difficult to obtain the benefits that he or she is entitled to. A good workplace accident lawyer can make certain that your claim is complete and accurate and that no mistakes or misunderstandings will delay your benefits.


Workers’ compensation benefits in Florida can include:

1. medical care: doctors’ visits, tests, therapy, prescriptions, treatment, and hospitalization
2. temporary disability benefits that partially replace lost wages
3. permanent total disability benefits
4. death benefits

Temporary disability benefits may be paid for up to 104 weeks. If you are permanently disabled and cannot return to work after 104 weeks, you may qualify for permanent total disability payments.


Unfortunately, the claims of injured workers in Florida are far too frequently denied. Insurance companies and employers often try to deny or reduce the workers’ comp benefits that are supposed to be paid to injured employees.

An insurance company or an employer might allege that a worker’s injuries happened away from the job or that the injury is not as serious as the worker claims.

If your workers’ compensation claim is denied for any reason, a workers’ comp attorney can help you appeal that decision to the Florida Division of Workers’ Compensation. If necessary, an attorney can also help you to see a second, independent doctor and obtain a second opinion.


Appeals are conducted in a courtroom setting, and you will probably face lawyers who represent your employer’s workers’ compensation insurance carrier. You will need an experienced workers’ comp lawyer to represent you if you need to appeal a denial of workers’ comp benefits.


Florida allows appeals of denied workers’ comp benefits at several levels. Appeals require considerable paperwork – all of which must be accurate and complete – and you’ll have to meet strict deadlines. When you appeal a denial of benefits, an attorney’s help will be imperative.

Workers’ comp lawyers routinely handle complicated cases, so a good workers’ comp lawyer will know what it takes to prove that you qualify to receive benefits, but you will need to have some patience. If you have to file an appeal, your case could take months to resolve.


The process of applying for and acquiring workers’ compensation benefits is unavoidably frustrating and time-consuming, but a good workers’ comp lawyer will make it easier and guide you through the process from start to finish.

If you are injured on the job in South Florida, do not wait to speak with an experienced workplace accident lawyer. Do it at once. If you have been injured at work, a good attorney’s help is your right. In fact, your future could depend on it.

The Documents You Need To Have A Strong Personal Injury Lawsuit

If you end up injured because another person was careless here in South Florida, the law entitles you to full compensation for all of your injury-related expenses: medical bills, lost income, compensation for personal pain and suffering, and all related losses and damages.

In most of these cases – and especially if your injuries are serious and you are seeking the maximum available compensation – an injury victim will require a car accident attorney’s legal advice and assistance.

If another person’s negligence injures you here in Florida, and if you file a personal injury claim, you will need to prove these three points:

1. You were injured.
2. The other party’s negligence was a direct cause of your personal injury or injuries.
3. You’re entitled under the law to the reimbursement that you’re seeking.


How do attorneys prove personal injury claims? Prevailing with a personal injury claim usually means having evidence that proves your claim is true and having a lawyer who organizes and presents the evidence effectively.

You will need both to prevail. The best personal injury lawyer can’t do anything for you with no evidence in support of your claim. On the other hand, convincing evidence can’t convince anyone unless an attorney can present the evidence effectively.

In South Florida, if you become injured because someone else was careless in a vehicle crash or any other type of accident scenario, after you obtain medical treatment, schedule a consultation immediately to discuss your rights with a reliable West Palm Beach personal injury attorney.


What accidents are “personal injury” accidents? An injury claim may arise from any mishap where someone is injured due to someone else’s carelessness, negligence, or irresponsibility, including:

1. traffic accidents
2. slip-and-fall or trip-and-fall accidents on public or private property
3. dog bites and other animal attacks
4. swimming pool and boating accidents
5. birth-related injuries and other incidents of medical malpractice
6. construction mishaps and certain other work-related accidents

Your accident lawyer will handle the legal side of your case, but the second requirement for prevailing with an injury claim – having the evidence that proves your claim is true – requires some of your own effort and initiative.

A personal injury lawyer won’t be present at an accident scene to give you advice. That is when you must take the steps to gather some of the most critical evidence you may need.


Listed here are the measures that you must try to take if you are injured by a negligent driver in a vehicle crash, but if you’re injured by someone else’s carelessness in any kind of accident, you must try to obtain insurance details, witness statements, and photos.

After a traffic collision:

1. If anyone is injured, call paramedics to the scene. If you do not think you are injured, have a medical exam anyway – within twenty-four hours.

2. Summon the local police. Ask when and how you may obtain a print-out of the accident report.

3. Share your full contact and insurance information with the other motorist.

4. Take plenty of photos of the vehicles, the general location, and your visible injuries.

5. Try to get the names and contact details of any witnesses. Your lawyer may want to ask them some questions.


A medical exam is imperative subsequent to any accident: a traffic crash, a sports accident, a serious fall, a jolt to the head, or a dog bite. You may feel great – it doesn’t matter. You may still have suffered a hard-to-detect or latent injury.

Should you suffer a personal injury or injuries, a medical exam may be the only proof that you were hurt in a particular accident and due to a particular party’s carelessness. Minus that medical exam, your claim may be difficult or impossible to prove.


If a latent injury emerges days or weeks after an accident as a serious medical condition, it could endanger your health. Without that immediate medical examination, you may not be able to prove how you were injured.

In some accident scenarios, law enforcement will not be summoned. If you trip and fall in a restaurant or a supermarket, you may sustain a serious injury, but it probably will not be a matter for the police.

Nevertheless, most large retailers, hotels, restaurants, and attractions – along with schools, corporate offices, and large public facilities – want you to fill out an accident report if you are injured while you are on their properties. Complete the form and make sure that you get a copy.

Photos and eyewitness statements can help you prevail with your personal injury claim. The more documents you can gather and offer as evidence, the better.


The right documentation often means a swift, out-of-court settlement.

Make and keep copies of each document connected to the accident and your personal injury: hospital and doctor bills, the police accident report, medical testing results, insurance papers, receipts – any document related to the case.

Your lawyer will also have to have a copy of your own auto insurance policy, proof of any lost income, and copies of anything sent to you by the defendant’s attorney or insurance company.


Florida’s personal injury laws are complicated. Nothing is more important than your future and your health. If you become injured in South Florida because someone else was careless, you will need to be advised and represented by a trustworthy accident lawyer.

An experienced personal injury attorney can provide a no-obligation, no-cost first legal consultation, so it costs nothing to speak to an attorney and find out more.

If you are injured by negligence in the West Palm Beach area, make the call as soon as you’ve been examined by a healthcare professional. If you and your attorney proceed with legal action, you will pay no attorney’s fee until you receive the compensation you deserve and need.

Your health is your highest priority. If you are injured because another person has been negligent, speak to a good injury attorney at once. Your health and your future may depend on it.