The Basics of Libel, Defamation and Slander

When it comes to an individual’s basic human rights, there are a number of different factors one must consider – freeing them from possible damages. And while we generally consider personal injury damages to be in the form of a physical attack, accident or injury – in many cases, such damages can take the form of certain mental abuses and unwanted verbal assaults. According to Ms. Anissa Morris, of Spinner Law Firm, considered by many to be the best personal injury attorney Tampa has to offer, there is always a delicate balance between one person’s right to freedom of speech and another’s right to protect their good name. It is often difficult to know which personal remarks are proper and which run afoul of defamation law. The following provides an overview of defamation torts and defamation claims.

The Basics of Defamation Law

Before we can better understand how defamation law actually works, its important that we have a strong, all-encompassing definition of what it truly means, as many individuals will often confuse the terms with other legal faults that are often quite similar. According to Ms. Morris, the best personal injury attorney Tampa has in practice, the term “defamation” is an all-encompassing term that covers any statement that hurts someone’s reputation, also called defamation of character. If the statement is made in writing and published, the defamation is called “libel.” If the hurtful statement is spoken, the statement is “slander.” Defamation is considered to be a civil wrong or a tort. A person that has suffered a defamatory statement may sue the person that made the statement under defamation law, which would be called a defamation case. Often, individuals will commit acts of defamation and falsely call upon freedom of speech, as if it were a “get out of jail free card”.

The line separating defamation and freedom of speech is quite fine. In one respect, any reasonable individual should have free speech to talk about their experiences in a truthful manner without fear of a lawsuit if they say something mean, but true, about someone else. On the other hand, people have a right to not have false statements made that will damage their reputation. According to Ms. Morris, the best personal injury attorney Tampa has in practice, determining what is fact and what constitutes a lie is called “absolute defense” and will end the case once it is proven. The party that comes out victorious in such an argument may then file a claim for punitive damages.

Different Elements of a Defamation Lawsuit

While defamation cases are certainly different depending on what the party’s jurisdiction is, there are certain acceptable standards that stand true no matter where you are – according to the best injury lawyer Sarasota has to offer, Ms. Morris, this means that in order to prove your party’s case, and win the lawsuit, you must show the following:

· A statement was actually made – by the other party.

· That statement was published in some capacity.

· In some way, that statement caused you injury or damaged you.

· The statement in question was false.

· The statement itself did not fall into what is known as a “privileged category”.

Often, when it comes to the specific terms above, there can be some level of argument that might arise. And to prevent the possibility that there might be a discrepancy with the language that is used, Ms. Morris, the best injury lawyer Sarasota clients rely on for such claims, will provide us with the following definitions below.

· Statement – A statement that was made must be spoken (slander), written (libel), or otherwise expressed in some manner. Because the spoken word often fades more quickly from memory, slander is often considered less harmful than libel.

· Publication – If the statement was published, a third party must have seen, heard or read the defamatory statement. Unlike the traditional meaning of the word “published,” a defamatory statement does not need to be printed – it simply must have been dispersed in some manner where others could have easily seen it.

· Injury – Again, as per Ms. Morris, the best injury lawyer Sarasota has in practice, this does mean physical injury, but that the statement must have hurt the reputation of the person being spoken about.

· Falsity – True statements are considered defamation – and statements of opinion aren’t considered false either, as they are subjective. The statement must be an outright lie.

· Unprivileged – In order for a statement to be defamatory, it must be unprivileged. You cannot sue for defamation in certain instances when a statement is considered privileged. For example, when a witness testifies at trial and makes a statement that is both false and injurious, the witness will be immune to a lawsuit for defamation because the act of testifying at trial is privileged and not meant to be heard by everyone.

For more information on defamation law and other aspects of personal injury, be sure to contact SPINNER LAW FIRM today.

4 Questions for Filing a Personal Injury Claim in Tampa, Florida

The great state of Florida is known for its amazing beaches, swaying palm trees, pleasant warm weather, and having some of the most beautiful areas to live in across the US. And of all these lovely cities, no place embodies the elements of Florida more than the city of Tampa! With no state income-tax, gorgeous weather year-round, and a solid economy, the city of Tampa offers the best of a bustling metropolis and a beach vacation, wrapped into one. And it’s got something for everyone, as it was voted a top-10 place to retire, as well as to spend your spring break! However, with all the good, there had to be some bad. Tampa is also home to some of the highest accident and injury rates across the entire US, and with such high incidence rates, it’s no surprise it is a hotbed for personal injury case. If you are in need of a Top Personal Injury Attorney TAMPA has plenty to offer. While there are plenty of them around, few have the skill and the experience of Mr. Charles Spinner, Esq. of Spinner Law Firm, the Top Personal Injury Lawyer TAMPA has in practice. His dedication to his clients and his varied skill set has allowed him to recover millions in compensatory damages across the state of Florida – for a personal injury case such as car accidents, wrongful death, medical malpractice, traumatic brain injury claim, cruise ship accidents, and a whole lot more! Despite having a high rate of personal injury claims, it can still be difficult to navigate how exactly you should file on in Tampa. Considering that each state and even city has certain laws and statutes in place, specific to them. To better educate you on the process, here are a few common questions clients typically ask before filing their claim.

Should I Hire a Florida Personal Injury Lawyer?

This is a common question asked by those visiting the area on vacation, as they may already have an attorney in their home state. This is dependent upon the specifics of your personal injury claim, but the short answer is yes. In the event you have a minor claim, for small claims court (less than $5000), than you may want to handle it yourself, but consulting an attorney would help a lot. Otherwise, to pursue a larger personal injury case, such as a car accident or traumatic brain injury, in Tampa, it is highly recommended that you hire a Best Injury Lawyer TAMPA has practicing locally, like Mr. Spinner. Because his practice is local to the area, they are familiar with the laws, and statutes that govern this specific region and the state of Florida as a whole. Not only are they more familiar with the laws, but they are also may have a close relationship with judges, prosecutors, and other attorneys – giving them the advantage of knowing exactly what you are going up against. Or, in many instances they might be friendly, and make negotiating a settlement much easier.

How Long Can I Wait to File? Statute of Limitations?

A statute of limitations is a period of time, depending upon the type of personal injury claim, that the government allows for you to file your suit. Once he statute of limitations is up, you can no longer file your suit. Generally, across the state of Florida the laws state that you have 4 years to file a personal injury claim in order to recover damages from a negligent party, based on your injuries. However, if you suffer a severe injury that has left you incapacitated for a period of time, like a traumatic brain injury, that period can be stretched to 7 years. For medical malpractice cases the statute of limitations is only 2 years from the time of the incidence, however if you didn’t discover the malpractice right away, you have up to a 4-year max (in those special circumstances. Wrongful death cases must be begun within 2 years of the person’s death.

How Much is My Case Worth?

As with most other states, Florida values a claim based on a set of specific factors and their financial implications. They take into account the severity of the injury, how it has affected your life and the lives of those around you, and how much the other party was at fault. The specifics of these factors are added up, and your personal injury lawyer will negotiate either a settlement with the other party of take it to trial. Often times, for serious injuries, victims can be awarded millions of dollars from a negligent party’s insurance company or employer. These factors include:

· All Present & Future Medical Bills – Emergency room, doctor’s visits, medication, revision surgery (for medical malpractice) and more.

· Present & Future Rehabilitation – Physical and neurological. To regain cognitive function, mobility, and more.

· Lost Wages – Present & Future

· Loss of Future Earning Capacity – If you can no longer work or perform a certain type of job anymore.

· Cost of Living – Bills, food, etc. that you were unable to pay due to your injury.

· Pain & Suffering – Both present & future. Includes physical & mental suffering caused by injuries. Also,your families suffering, and compensation based on your inability to be as good of a spouse, father, or family member as you previously were, due to your injuries. (IE. loss of sex life in a marriage, inability to pick up your baby or play catch with your child – all due to injury)

What is the Collateral Source Rule?

The collateral source rule is a vital piece of legislation for any Best Injury Attorney TAMPA has in practice. A rule throughout the entire state, the collateral source rule means the opposing lawyer (defendant’s) cannot tell the jury that any of your medical bills were paid by an insurance company or other personal health plan, in an effort to lessen the amount of compensatory damages awarded or settled. This helps protect the injured party and allows them to get the most damages they can.

For more information, answers to other questions, or to schedule a consultation, please feel free to contact, Best Personal Injury Lawyer TAMPA, Mr. Charles Spinner, Esq. today.

Florida Construction Site Accidents

In the state of Florida, with the drastic rise in personal injury claims, year over year, more and more individuals are suffering from accidents as a result of a negligent, at-fault party than ever before. According to Mr. Charles Spinner, considered to be the Top Personal Injury Lawyer 33602 area has in practice, those individuals who have been hurt while on the job have more options than ever before, in order to receive the proper compensation for their injuries. Across any field that is covered by workers compensation, construction sites are by far the most risky and more hazardous, with countless hazards across even the safest of work sites – from agriculture, tourism, international trade and much more – any of such fields can result in a vast number of injuries – from the smallest of bumps and bruises, to far more severe breaks, fractures and more. According to Mr. Spinner, as the Top Personal Injury Lawyer 33602 has to offer, one of the most common issues is that those individuals who have been involved in such issues rarely know the proper methods to proceed with in order to obtain the justice and compensatory damages they deserve. To better understand such claims, it is important for workers to be aware of federal regulations and guidelines set forth by such legislation.

Federal Regulations & the OSHA

With such worksite injuries becoming more and more common throughout the years, the federal government had to step in and better equip individuals with the proper steps to take. According to Mr. Spinner, the Top Personal Injury Lawyer 33602 area has practicing in the field, the organization responsible for all construction site injuries and even fatalities, is known by the acronym OSHA, or the Occupational Safety and Health Administration. This organization is tasked with investigating workplace injuries and fatalities, in order to see if employers were actually using poor health and safety protocols or cutting corners – often in an effort to keep costs low. According to Mr. Spinner, the best personal injury lawyer Tampa has to offer, one thing workers need to understand is that while OSHA is there to often help workers attain workers compensation in such cases, they are still responsible to perform a fair and honest investigation – meaning that they might just as easily find that the workers themselves were being negligent and may have caused their own injuries as opposed to the business.

The most common worksite injuries that are found as a result of OSHA investigations include:

· Back & Neck Injuries

· Hearing Loss – Due to load noises or explosions.

· Slip & Falls

· Electrocutions

· Crane or Forklift Accidents

· Drowning

· Fires

· Auto Accidents

· Poor Quality Defective Equipment

· Exposure to Hazardous Waste

And much more – all of which being either the fault of the company or due to the negligent actions of the worker(s) themselves.

Workers Compensation in Florida

According to Mr. Spinner, the Best Personal Injury Lawyer Tampa has to offer, workers compensation claims are some of the most common forms of personal injury claims across the state of Florida – due to the rise in construction site accidents. If a worker in Florida becomes injured, due to a construction site accident or any other type of worksite, he or she must tell their employer as soon as possible. State law requires that an employee report an injury within 30 days of it occurring. According to Mr. Spinner, the best personal injury lawyer Tampa has in practice, after that, the employer will notify the insurance company within the prescribed period of time, at which point the worker will be told which company-approved doctor he can see for his injuries. As a result of a doctor’s visit, there are certain types of benefits that can be approved including:

· Indemnity Benefits: If an employee cannot work for more than 7 days, they are able to receive money to partly or fully cover their lost wages.

· Temporary Total Disability: If the doctor says the employee cannot work, he should receive 2/3rds of their normal wages, paid on the 8th day which they haven’t been able to work. With a critical injury, they may receive 80% of their regular wages for up to 6 months.

· Temporary Partial Disability: If the employee can return to work, but he cannot earn the same amount of wages he earned at the time he was injured.

· Impairment Benefits: When a doctor believes that a worker has healed as much as he will and will be somewhat impaired moving forward.

For more information about obtaining workers compensation, or to schedule an appointment with Mr. Charles Spinner, be sure to contact Spinner Law Firm today.

What Counts as a Personal Injury Claim in Florida?

For many individuals across the state of Florida, personal injury law has become quite a hot button topic of discussion. From automobile accidents involving inebriated drivers and pedestrian incidents, to construction site accidents and on-the-job injuries, the state of Florida has seen one of the largest increases in personal injury claims of all the states across the United States. According to Mr. Charles Spinner, the Best Injury Lawyer Tampa has in practice, and his team at Spinner Law Firm, from a legal standpoint, personal injury claims refer to a type of lawsuit through which a victim or their families can obtain compensation when they get hurt because of the negligent actions of another person or entity. And when it comes to Florida personal injury laws, victims are able to recover certain damages when they are hurt because of the negligence of another person or company, or when they are intentionally harmed. According to Mr. Spinner, the Best Injury Lawyer Tampa has to offer, despite the recent surge in the number of personal injury claims, many individuals are still relatively uneducated on the specifics of the personal injury world. Here are some important pieces of information to know in regard to personal injury claims.

Victims Versus Negligent Parties

Again, a personal injury occurs when a person suffers a physical or mental injury, as well as some type of property damage (must include physical harm as well), at the hands of another person or entity, and their negligent acts. As the best injury lawyer Tampa has practicing, Mr. Spinner will take on personal injury claims in order to hold another party accountable for causing injurie to their client. For justice to be obtained in the midst of a personal injury claim, the responsible party must pay for the other party’s losses. A successful personal injury lawsuit results in a payment to the victim for their injuries and damages.

Negligence in Florida

As the best personal injury lawyer Tampa has in practice, Mr. Spinner and his team at Spinner Law Firm, must use Florida’s negligence laws in order to justify the damages their party is seeking – either under a theory of negligence or strict liability. Negligence means that the person that caused the injury did not act in a way that a reasonably careful person would have acted in the same situation. To win a negligence case, you must prove that the other party had a duty to act carefully, that they breached this duty, that you suffered injuries and that your injuries directly occurred because of their failure to act carefully – based on their actions not being responsible at the specific time. Once you are able to prove such a failure to act reasonably, the laws in Florida allow you to collect fair damages for losses including things like:

· Medical Bills

· Pain & Suffering

· Lost Wages – Past, Present & Future

· Transportation Bills

And much more, depending upon the specific type of personal injury claim it might be. As the best personal injury lawyer Tampa has to offer, Mr. Spinner has been able to help clients dealing with a wide variety of different personal injury claims. Including things like – car accidents, slip and falls, dog bites or animals attacks, poor road maintenance, medical malpractice, even intentional actions like assault and battery, and much more.

Types of Damages

When seeking out damages in any type of personal injury claim, it is important to understand that there are a variety of different types of compensatory damages that are possible. according to Mr. Spinner, the best personal injury lawyer Tampa has practicing, cases generally start by seeking economic damages like medical bills, rehab care, home care attendants and more tangible economic damages. In addition to your actual out of pocket expenses, you may also seek non-economic damages such as the pain of your injuries your emotional distress, PTSD (post-traumatic stress disorder) and your mental anguish. It is not always easy to value non-economic damages, but the law looks at your medical expenses and the severity of your injuries in order to calculate a rough amount. For more information on all there is to understand about personal injury law in the state of Florida, be sure to contact Spinner Law Firm today.

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Animal Attack Personal Injury Claims

While you might not hear about it too often, one of the most common types of personal injury claims across the state of Florida is an animal attack or more specifically dog bites. Now you might think of your dog as man’s best friend, and there are many individuals reading this saying that their dog would never attack anyone at all. And while 9 out of every 10 times you might be right, we have to remember that our pets are still animals and their natural animalistic instincts can be triggered at any moment. In fact, according to Mr. Charles Spinner, the best injury lawyer Sarasota Florida has to offer, each year there are thousands of cases across the United States, and hundred across Florida alone. In these cases, the individual that has been bitten may now have the legal right to recovery damages from the pet’s owner, or another party that may have responsibility due to some specific circumstances. If you have been the victim of any type of animal attack it’s important that you understand your legal rights to follow – read on to learn more about animal attack personal injury claims.

In the event you have been bitten by an animal, no matter what the circumstances may be, the first thing you must do is to seek out medical attention and visit an emergency room as you may not know what type of illnesses or issues the dog might be carrying which may be able to pass on to humans. Treatment is not only vital, but in the event of a future legal claim, Mr. Spinner, the best injury lawyer Sarasota has in practice, would like to have a medical report outlining the injury, and any supporting details and information that may help later on in the event of litigation. Once you have been medically evaluated, you should immediately consult a personal injury lawyer, with experience in animal bite cases – such as Mr. Spinner, the best injury lawyer Sarasota has to offer. An experienced attorney will likely be able to tell you whether you have a legal claim, just from a detailed medical report, and your knowledge of the scene and how it may have played out. In addition, they will be able to tell you, generally, what damages you may be able to recover.

Any attorney will ask you for detailed information about the circumstances surrounding your animal bite. As the Best Injury Lawyer Tampa has in practice, at an absolute minimum, you should provide the name and phone number of the animal’s owner, the location in which it occurred and a recap of what happened immediately, before and after the bite took place. If you don’t have this information, a neighbor or a witness who was on location, might be able to provide it to you as well, so it’s important that when the bite occurs, you or someone with you, should gather the names of phone numbers of anyone who might have witnessed the scene. While a personal friend or family member is fine, having an additional, bipartisan witness – without any predetermined bias will only strengthen your claim.

After that, your attorney will have to determine liability and of there was any negligence that led to the bite. In some cases, a term called strict liability will be put into action. This means that an owner is legally responsible (“liable”) for an animal bite, regardless of whether the owner did anything wrong with respect to protecting others from attack. Under this theory, even if the owner had no reason to know that his or her animal was dangerous, if the animal bit someone, the owner would still be liable. However, according to Mr. Spinner, the best injury lawyer Tampa has to offer, in other instances, if the owner of an animal can be held liable for the injuries it inflicts, provided that the owner knew (or had reason to know) that the animal had “dangerous propensities.” In other words, if an animal owner knows that his or her animal is dangerous and could cause injury to a person, the animal owner can be held liable for the animal’s harmful actions. Now under this concept there is a lot of legal wiggle room, and many loopholes for the defense to use during the case. It can be nearly impossible in many cases to determine whether or not the owner knew of their animal being dangerous. Therefore, according to Mr. Spinner, the best injury lawyer Tampa has for such dog bite cases, a number of other factors may come into play. For instance, you may be able to bring up the dog’s breed – considering that some breeds are simply known to be more difficult to control and may be confrontational when it is concerned for the owner’s wellbeing and it senses some sort of danger. This is a difficult thing to prove – for instance, in a case where you might have been bit by a pit bull, your attorney may argue that as a breed, it is commonly known that pit bulls are more aggressive than other breeds and therefore the owner should have been more vigilant in keeping control of their dog. However, the defense can argue that while pop culture and the media may portray pit bulls to be dangerous and aggressive, in reality pit bulls are fairly docile animals and aren’t the aggressive dogs that they are made out to be. Of course, there are many other factors at play here, such as what their interaction was prior, and if there was any provocation on the victim’s part. To learn more about such personal injury claims, be sure to contact Mr. Charles Spinner, Esq. today.

Cruise Ship Injuries & Liability

With the spring finally here, and the summer months fast approaching, families across Florida, as well as the US, are contemplating their next summer vacation – where they’d like to take their families next. Throughout the past few decades, especially in the state of Florida, one of the most common vacation or trip ideas has been venturing off to an island getaway as a part of a cruise ship. While the idea of a cruise ship may not excite you right away, to many individuals a cruise ship is a trip more so suited for older individuals and couples enjoying their retirement – however, in recent years this isn’t the case. Over the past few years, more and more families and younger couples, many as young as 20 to 25, are choosing to take part in cruise ship vacations. According to Mr. Charles Spinner, considered the Best Personal Injury Lawyer Tampa has to offer, much of this change in cruise ship patrons has come as a result of lower and lower prices and the idea of amazing package deals and unheard-of internet savings – where most millennials and younger couples tend to do their vacation planning.

Most newer cruise lines are offering some of amazing packages which include full food and drink many options, free upgrades to higher end cabins, tons of activities, and on-board nightlife options that would rival some of the hottest clubs in Miami. Plus, this doesn’t even take into account the day and night trips in which the ship will dock at certain Caribbean destinations and island resorts. And while these amazing amenities and even more amazing prices are drawing more and more patrons in each year, in many ways, the lowered costs have been indicative of a somewhat limited, inferior service. Just as much as cruise ship attendance has gone up, so has the number of passengers who have been badly hurt, injured or even killed, while at sea. And one of the major issues here is that being at sea means that they are hours away from the nearest hospital. And even once a passenger has been able to get the treatment they need, justice must be served and these victims deserve to be compensated for the damages caused by the other negligent party. According to Mr. Spinner, the best personal injury lawyer Tampa has in practice, one thing victims should understand is that cruise ship cases will often work far differently from conventional personal injury cases – learn more below.

First and foremost, one of the biggest issues surrounding a cruise ship personal injury claim is the confusion surrounding the jurisdiction. Depending on where the ship might be located at the time the laws that govern the actions of either party may be far different from what we might be used to. Plus, even is a cruise ship being subject to Florida state and federal laws, being that the passengers are currently at sea, the case may also be subject to international maritime laws – something that most attorneys aren’t too familiar with. This is vital to understand, as certain things that might constitute illegal actions away from the water might be punished in a certain specific way within the water as well. Another factor that is important to consider is the types of injuries.

While a cruise ship is generally fun, enjoyable way to relax with family and friends, injuries are quite possible and depending upon the certain types of injuries a victim might be suffering from, it can cause massive changes in the way their case must be fought – as different laws, govern different actions – whether you are at sea or not at sea. Injuries can include things like:

· Any type of injury aboard a cruise ship.

· An injury along the shore during a midday trip of any kind.

· Injuries caused by physical or sexual assaults by cruise ship crew members or passengers.

· And other accidents in which liability might be hard to judge.

According to Mr. Spinner, as the best personal injury lawyer Tampa has to offer, in general, cruise liners have what is called a special duty of care, in order to assure the safety of their passengers from physical or mental harm. Once the passengers agree to their trip, the cruise liner has an obligation to assure that passengers travel from port to port, safely and without any harm – mental or physical, as previously stated. Once this obligation is broken, they are now held liable. However, one of the most important things for patrons to pay attention to is the fine print on their ticket. In many instances, there may be some fine print that absolves the cruise liner of any harm or wrongdoing for certain specific types of accidents or incidents that might occur. In addition, there also might be certain literature that might also place a limit on the statute of limitations for how long you will be able to file a lawsuit of claim of any kind. Also, show this to your lawyer immediately as they will be able to instruct you on the best ways to continue moving forward.

3 Common Types of Construction Worksite Injuries

When it comes to on-the-job injuries, no job is more of a concern that that of a construction worker. On pretty much a daily basis, these individuals are dealing with a million different hazards, most of which they might not even know about, considering how second nature the job can become over time. In fact, according to the CDC and Mr. Charles Spinner, the best injury lawyer Tampa has to offer, of the nearly 3.5 million nonfatal work-related injuries that occur on a yearly basis (this number is increasing every single year), about 10% of all such injuries was experienced by a construction worker. These numbers include everything, in many cases even the papercuts your secretary might get fanning out the next load of printer paper. And for every 100 full time construction workers, 4.3 of them experience a nonfatal injury on pretty much a daily basis – in fact, one-fourth of each of these injuries is actually a fairly painful fall by a construction worker, on a construction site. The problem with the vast majority of these injuries happens to be with the culture surrounding construction workers in general, as they have a tendency to want to “tough it out” rather than to seek the proper medical care they might need in the specific situation. This can lead to individuals needing treatment for head injuries, major cuts that need stitches, and bone & joint issues, that might be minor in the grand scheme, but could be helped quite a bit with some type of a minor treatment.

The main thing most workers need to get is that there are a number of causes of even the most innocuous and random of injuries, and often, these injuries could certainly do with some additional care. And while some of these injuries are easily spotted, a lot of them might not be visible to the eye, and therefore might require a medical professional to lend a hand. Here are certain explanations of some of the most common types of injuries.

· Slip & Falls

By far one of the most common types of injuries on any construction site – things are often left in the way, and in many instances, lead to a far worse tripping incident, leading to a far worse fall. According to Mr. Spinner, the best injury lawyer Tampa has in practice, Construction workers are at risk from falls from scaffolding, cranes, roofs, ladders, and other heights at work. If you’re injured in a fall, you may want to file a Workers’ Compensation Claim and possibly a personal injury lawsuit against your employer or another party.

· Falling Objects

Construction works are constantly at risk of falling objects – whether they might be tools, materials and other objects from above that haven’t been properly affixed or secured. This is a common example of negligent actions on a construction site and how they can lead to drastic injuries and eventually, lawsuits.

· Equipment Related Injuries

Working on a construction site is pretty dangerous, and pretty well known for the possibility of coming across dangerous machinery and devices, amongst other equipment that can easily cause even worse injuries. According to Mr. Spinner, the best injury lawyer Tampa has to offer, there’s a number of different possibilities that are possible along the construction site, including things like an errant dumpster rolling away, a faulty nail gun that is shooting off nails improperly, and object simply left in the wrong place, without certain protective measures or safety guards put in place.

For more information on all there is to know about accidents on the construction site or personal injury law in general, be sure to contact Spinner Law Firm today.

An Overview of Wrongful Death Claims

Dealing with the dead of a loved one, family member or even close friends and acquaintances, can be quite difficult. We as people are used to seeing our societies work in a specific way, and forging relationships with those around us – whether they be close or distant, these relationships make up the backbone of our society and create a sense of stability within our lives. However, when an individual who might be a part of this society passes on, it can be quite difficult to reason out, no matter if you are young or old – regardless of how many people you might have seen pass before. The fact is that when this individual is someone close to us, and a strong part of our family and their death wasn’t a result of certain natural causes, or to be expected due to certain health issues – it can truly be devastating and leave us angry, upset and in many aspects looking for answers, as well as someone to blame, if there is one. In cases where a person passes or is killed due to the negligence of another party, while being devastating, there is a powerful piece of legal recourse that can be on your side and while it might not bring that person back, it will certainly help you to get some form of justice as well as to try and begin easing the load left behind by their absence – according to Mr. Charles Spinner, the top wrongful death lawyer Tampa has to offer, wrongful death claims can be quite difficult to deal with on your own, that’s why its important to get the help of an experienced attorney that can help while you are free to grieve.

An important thing for us to recognize is that the majority of wrongful death claims, follow a criminal trial in which the individual who is deemed negligent in the death of your loved one, may be found guilty and therefore held liable and some type of criminal sentencing to come. According to Mr. Spinner, the important thing to know about a wrongful death lawsuit is that it will follow in the wake of criminal trials, using similar evidence but with a lower standard of proof. Regardless, someone found liable for wrongful death may or may not be convicted of a crime associated with that death. As per the top wrongful death lawyer Sarasota has in practice, this means that even if there is a situation where a criminal jury have already found the individual guilty of murder or being responsible for their death in any way shape or form; they may still be held liable during a wrongful death claim, as this is a civil suit in which the plaintiffs are seeking monetary compensation

While it certainly isn’t the best thing for your wrongful death suit, the fact is that the law can still have your back, and technically, the decision in which the criminal jury may have come to (per say, not holding the defendant liable or guilty for the death) should not be able to effect or sway the opinions of the jury. For example, according to Mr. Spinner, the top wrongful death lawyer Sarasota has to offer, in the famous case against football star OJ Simpson, but he was found liable for the wrongful death of the two victims in his civil trial because the plaintiffs were able to prove he was responsible by a preponderance of the evidence.

According to Mr. Spinner, the top wrongful death lawyer Tampa has to offer, any suit for wrongful death may only be brought by the personal representative of the decedent’s estate. Every state has a civil “wrongful death statute,” or set of statutes, which establish the procedures for bringing wrongful death actions. Actions for personal injury, conscious pain and suffering, or expenses incurred prior to the decedent’s death are also brought by the personal representative. The damage awards from these actions belong to the estate and may pass to different parties as directed by the decedent’s will. Also, the fact is that in order to even bring a wrongful death lawsuit, the following must be established:

· An individual has passed away.

· That individual’s death was caused by the negligence of another individual, or with intent to cause them harm.

· The survival of family members who are suffering monetary injury as a result of the death, and;

· The appointment of a personal representative for the decedent’s estate.

Plus, wrongful death situations can come from a number of different instances, not just someone killing another person with intent. According to Mr. Spinner, the top wrongful death lawyer Tampa has to offer, some of the situations in which a wrongful death might occur include:

· Medical Malpractice – Leading to death, and negligence on the part of a doctor.

· Automobile or airplane accidents.

· Occupational exposure to hazardous conditions or substances.

· Criminal behavior.

· Death during a supervised activity.

While wrongful death claims are hard to go through, especially facing the death of someone who might close to you. However, according to Mr. Spinner, the top wrongful death lawyer Sarasota has to offer, they can help you to obtain the financial damages that can help you as you face issues like list wages, hospital and funeral costs and a whole lot more moving forward. For more information on wrongful death claims, and other personal injury issues, be sure to contact Mr. Spinner today.

Learning About Accident Fault

In the event you or one of your loved ones have been injured in any type of an accident, or the victim of some type of traumatic incident it can often be difficult to tell who might be at fault, and to best identify the source of the liability. These types of issues can occur in a wide variety of instances as well – from a slip and fall, a car accident, to medical malpractice issues – it can be quite difficult to prove who might be responsible. According to Mr. Charles Spinner, the best injury lawyer Tampa has to offer, such issues are fairly commonplace when trying to decide who and where negligence might be placed. However, rather than ignoring the issues completely, its important for clients to best understand exactly how accident fault might work, and what are some of the more common questions that need to be answered in the quest to identify how and why fault must be placed upon one of the parties.

What is Negligence?

When it comes to understand negligence, according to Mr. Spinner, it is vital to understand how and what exactly negligence actually is – especially when it comes to a legal sense. In the legal sense, “negligence” is the word used to describe any careless behavior that causes or contributes to an accident. As an example, if a person failed to stop at a red light and hit your car while going through an intersection, that person was probably negligent. According to Mr. Spinner, the best injury lawyer Tampa has in practice, to prove that someone was negligent and win your lawsuit, you must generally be able to prove five elements:

· Duty

This type of element can often be phrased as a question – something similar to: “Did the defendant owe me any type of a duty to the plaintiff?” Duty comes in a variety of different forms, for example, drivers have a duty to all other drivers to proceed in a safe manner on the road. Also, they owe the pedestrians not to drive along the sidewalk or something like that.

· Breach of Duty

Once duty is defined, a determination may then be made as to whether or not the defendant breached the duty with all due respect to the plaintiff. According to Mr. Spinner, the best injury lawyer Tampa has to offer, in order to prove this element, you must show that the defendant failed to act a reasonable person would in fulfilling the duty owed to the plaintiff.

· Cause in Fact

In many cases, cause in fact is known as the “but-for” test. If you are able to show that, but for the defendant’s actions, the plaintiff would not have suffered any type of injury – then this element has then been satisfied. In example, but for the defendant’s drunk driving, the pedestrian would not have been injured.

· Proximate Cause

According to Mr. Spinner, the best injury lawyer Sarasota has to offer, the proximity of a defendant’s actions to the harms at issue within the lawsuit. For example, if the defendant hit and injured a pedestrian while driving, and then at the hospital, the injured person called his grandma to tell her about his broken leg, and the grandma suffered a stroke, this may be outside the proximate cause of the defendant’s actions. This element has an air of “fairness” around it, and often asks whether it is fair to attribute the injury to the defendant’s actions.

· Damages

Finally, we are able to come to the damages. According to Mr. Spinner the best injury lawyer Sarasota has in practice, in order to come out victorious within a personal injury claim, you must be able to prove damages. Damages can include a wide range of different things, including medical bills, pain and suffering as a result of these actions, and much more damages and financial burdens, that, by extension, are caused by the situation that led to the patient’s injuries as well.

In a variety of different situation that involve accidents, in which one party is at fault, their negligence has led to the injuries of the other party – the plaintiff or the victim. The fact of the matter is, according to Mr. Spinner, the best injury lawyer Sarasota has in practice, that their might not be any overt need to determine fault – as it might be obvious, especially in a car accident or pedestrian accident. This is also because you will be dealing with insurance companies where you do not have to be formal – in most negotiations with insurance companies, you will merely need to present your side of the story in an a clear, easy to understand way. For more information on negligence in an accident, be sure to contact Spinner Law Firm today.

Fact Finding and the Discovery Process

One of the most important facets of the legal system is the principle that there should be as few surprises as possible in the course of a lawsuit. Since the late 1940’s, the federal court system has required disclosure of all relevant facts and documents to the other side prior to trial, and virtually every state has followed its lead. The disclosure is accomplished through a methodical process known as the discovery. According to Mr. Charles Spinner, the best personal injury lawyer Tampa has to offer, discovery takes three basic forms: written discovery, document production and depositions. Now to find out how and exactly what is entailed in these methods of discovery be sure to read on.

Written Discovery: Interrogatories & Requests for Admission

Interrogatories are questions requiring your version of the fact and of your claims. They can be pre-printed “form” interrogatories, or specific questions asked just for your case called “special” interrogatories, or specific questions asked just for your case called “special” interrogatories. According to Mr. Spinner, the best personal injury lawyer Tampa has in practice, questions can range from the broad (“What happened on April 26, 2004?”) to the specific (“Is it your position that the defendant was wearing sunglasses at 2:30 p.m. on April 26, 2004?”). If the questions asked are not fair questions or are difficult to understand, your attorney will help you decide what you should object to. Requests for admission are not often used, but can be a very powerful tool. According to Mr. Spinner, the best personal injury lawyer Tampa has to offer, they ask a party to admit or deny certain specific facts which might be pertaining to the case, and they carry with them certain penalties for not answering, for answering falsely or even answering late.

Document Production

Document production is a fairly sell-explanatory. Any party has a right to see most documents that might relate to the case in any way shape or form. According to Mr. Spinner, the top auto accident lawyer Tampa has to offer, these issues are particularly more complex when it comes to medical malpractice cases or product defect cases, the documents involved can be voluminous. Increasingly, courts are allowing access to computer files as an aspect of the document discovery. In cases where enough is at stake to justify it, courts have even allowed litigants to reconstruct deleted files (like e-mail), although that practice has not yet become common.

Depositions

If you’ve been in involved in cases such as these, odds are that you have likely heard of depositions. Depositions are sworn statements, when a person will answer questions that have been posed by the opposition’s attorney, and a court reporter will be bale to create a transcript of all that has been said during this entire process. Depending on what needs to be said during the deposition, it might range anywhere from an hour long, to over a week and even more, in certain rarer cases. While all attorneys certainly must have their own reasons for having depositions – and according to Mr. Spinner, the top auto accident lawyer Tampa has to offer, there are usually three specific reasons why: to lock people into their stories, to see what the other side has, and to do a “practice trial,” that is, to see how a witness will appear and conduct themselves before a judge or jury.

Your attorney will tell you what he or she wants from you if you are or have been deposed, but there are two general things to remember. Firstly, never guess – the purpose of a deposition is to give facts, not to speculate as to what might have happened. Even if it makes you insecure or self-conscious to say it, sometimes, just simply saying “I don’t know” might be the best idea. Second, it is human nature to want to explain things so that your listener understands, but you should resist the impulse. It is your opponent’s job to get the answers. It is your job to answer only the question asked, not to offer additional information. As the top auto accident lawyer Tampa has in practice, Mr. Spinner believes its vital that individuals get the best possible professional legal help when it comes to the discovery process, as it should never be taken lightly. Opposing counsel will do everything it can in an effort to challenge and poke holes within your story and completely discredit your character – making you seem to be a bad witness. For more information about the discovery process be sure to contact Spinner Law Firm today.