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Premises liability is commonly referred to as slip and fall, it could be you tripped on an unsafe condition in someone’s parking lot, a wide range of things.

Premises liability is the premise that a property owner has the duty to keep their property reasonably safe and it hinges upon the type of person is injured on their property as to which duty they owe to each respective person.

 

Invitee

The first type of person a property owner may owe a duty to is called an invitee. Invitees, for example, are customers shopping at a property during business hours are business invitees of that property. This means they are owed the highest duty of care by the business to keep their property reasonably safe.

Property owners should do the inspections to make sure there is no water on the floor, make sure the parking lot is in good condition and doesn’t cause anyone to trip because of large potholes or uneven cracks.

 

Licensee

These individuals could be considered social guests. They are not there for business purposes whereas someone who is invited to a home, for example. These individuals are typically owed a duty of care that is not as strict as invitees but also not as low as a trespasser. This is an intermediate level of care that hinges on a number of technical things. If you are interested in learning more about licensees in a premises liability case, be sure to call Marie Schoeb at Busciglio Sheridan Schoeb (813) 225-2695.

 

Trespasser

In general, these situations are based on a case by case basis and offered the lowest duty of care by a property owner.

 

If you find yourself in a situation where you have suffered from a slip and fall from a business, first focus on getting better, getting help, and getting the treatment you need. Also, if there is someone with you, have them get a copy of the incident report that is made. Once you receive the incident report, make sure you contact an attorney as soon as reasonably possible because you don’t want to lose evidence on your case. An attorney will be able to send a “letter of preservation” to make sure any videos that may be on a loop and can be deleted after a period of time, is preserved for later use.

The next thing you would do is keep a list of all medical treating facilities you have visited; doctors, hospitals, ambulances, and other facilities included in your treatment. This will help your attorney determine where they should order your medical records so that your billing is accounted for.

 

 

If you or someone you know has been a victim of premises liability or suffered a slip and fall, make sure you call the attorneys at Busciglio Sheridan Schoeb to help defend your case and be your partners in law.

Injured in a car accident but haven’t made it to the doctor’s office? In Florida, your auto insurance company requires you to see medical attention within 14 days of an auto accident. If you do not seek medical attention within these 14 days after an accident, you could be forclosing yourself from coverage under your Personal Injury Protection, also known as PIP insurance that you may be entitled to.

What is PIP?

Florida is a “no-fault state” which means no matter who the at-fault party is in a car accident, every driver is required to have at least $10,000 in PIP coverage. PIP can be applied to your lost wages and medical expenses.

In order for this compensation to be applicable, you are required to seek medical attention within 14 days of an accident from a qualifying health care physician. Qualified health care providers could include:

  • Medical doctor
  • Chiropractor
  • Dentist
  • EMT

Unfortunately, there are situations where medical attention from an acupuncturist and physical therapists do NOT qualify so make sure you are seeking attention on the right type of physician.

Complying with the 14-day rule is the most important thing to do after you or someone you know has been involved in an accident. If you do not comply with this rule, the insurance company will likely deny your claim and NOT provide that coverage that should be afforded to you.

After an accident, it is possible that you have delayed symptoms. You may start feeling pain after multiple days of an accident and you will not want to miss out on coverage because of a delayed reaction. Therefore, the first thing after an accident, visit a health care physician.

If you are someone you know is seeking help in filing a personal injury claim after an accident, call Busciglio & Sheridan Law Group at (813) 225-2695 today and speak to Marie Schoeb for more information on how we can help your case.
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Have you ever wondered what your personal injury case would be worth? When it comes to PI cases, there is no special formula to determine how much you will receive as compensation. Although we wish we could give you a straight-up answer, there is no way of knowing. Therefore, here are some factors that are considered when determining the results of a PI case.

  • How much medical expenses have been incurred?

You will want to take into account how much the doctors have charged, how much money was paid out of pocket (maybe for a deductible), and/or how much health insurance has paid as they may have a lien on the settlement amount later.

  • How much property damaged?

It is important to take into consideration how much property was damaged and the total cost. For example, in a car accident, you would take a look at the amount of money it costs to repair the damaged vehicle. This amount will be taken into consideration during your case.

  • Past and future lost wages

Make sure you record the time you have missed from work due to injury. Even the time taken going to doctors appointments for treatment of the injury will be taken into account. If you are unable to work in the future, these future lost wages are also taken into consideration.

  • Additional expenses due to injury

I some cases, pain and suffering due to injury or loss of enjoyment of life could be compensated.

Additional expenses such as dog walking services due to inability to take care of your pet, lawn maintenance services, rideshare services, etc. will be evaluated and taken into account.

In these cases, it is important to have an experienced team of attorneys on your side to ask the appropriate questions and make the right arguments to maximize the value of the case.

Click play below to watch as attorney Marie Schoeb explains the factors taken into account when valuing a case:

If you or someone you know has been injured, or if you are searching for more information on how much you could be compensated off your case, call us at Busciglio & Sheridan Law Group (813) 225-2695 today to speak to one of our experienced attorneys.

It happens, someone pulls out in front of you, you make an abrupt stop, or reckless driving turns into an unexpected visit to the ER. We have all been there and it is important that you are aware of the steps to take after you have been involved in a car accident. Here are 7 steps you should take:

 

1.  Call 911 or your local non-emergency police station’s number so that an officer can respond and write a crash report and exchange of information.

 

2. If possible, take photos of the damage and license plates to all vehicles involved as well as the surrounding area

 

3. If there are any witnesses to the accident, get their name and contact information

 

4. Contact your car insurance company and file a claim. Have your policy number, year, make and model, and your VIN number handy

  1. Florida is considered a no-fault state so be sure you call your insurance company first to file a claim
  2. To file a claim, many times you will be able to use an app, online, or by phone at your auto insurance company
  3. You should speak to an attorney before giving any recorded statements to the insurance companies
  4. When making the claim, give an honest, straightforward account of what happened without minimizing any injuries or damage to the vehicles involved

 

5. Make sure you seek medical attention within 14 days of the accident

Since Florida is a no-fault state, regardless of fault, turn to your insurance company first. Everyone is required to have a minimum of $10K Personal Injury Protection (PIP) coverage, but you must seek medical attention within 14 days of the accident so that you don’t miss out on coverage that you need. Within the 14 days, you can visit a medical doctor, chiropractor, hospital, or urgent care center

Keep in mind that symptoms related to injuries from a car accident can be delayed to reach its full potential. It can take days or even weeks for a person to feel the full effects, and you don’t want to miss coverage provided by PIP because you did not get treated within 14 days

 

6. Document as much as possible 

 

7. Contact a personal injury attorney 

For no cost to you, we recover our fees only if we win your case, whether through a settlement or jury trial. 

To watch Marie Schoeb explain the steps further, visit the video below.

 

Call Busciglio & Sheridan Law Group today at (813) 225-2695 if you or someone you know has been injured in a car accident.

If you are in an accident and the at-fault party has low or no bodily injury coverage, what do you do?

 

UM (uninsured or underinsured) motorist coverage is additional coverage that you can purchase through your auto insurance company. In the event of a car accident, UM coverage provides security for when the at-fault party that hit you has low or no bodily injury limits to cover your medical expenses.

 

For example, a situation where UM coverage is important is if another driver hits you and they only had $10,000 in bodily injury coverage, but you now have $50,000 in medical expenses. UM coverage will take place and provide coverage for those additional medical expenses. This is why it is so important to have. 

 

What is the difference between unstacked vs. stacked coverage?

 

Unstacked. If you only have 1 vehicle on your policy, you will choose the unstacked option.

 

Stacked. Stacked coverage allows you to stack limits on top of each other. For example, you have $50,000 per person in UM coverage but your policy covers two vehicles. Stacking UM coverage will allow your limit of $50,000, to be $100,000 in UM coverage per person.

 

 

If you or someone you know has been injured in an auto accident, please call us at Busciglio and Sheridan Law Group to reach Marie Schoeb directly to help walk you through the process. If you have any questions about what additional coverages are available to you, please contact your auto insurance carrier.

 

A lot of our personal injury clients ask us this question here in Tampa. Whether it be a commercial trucking accident or a premise liability case, the prospect of going to trial will be on your mind. If you’re reading this post an effort to get a better understanding of your situation before you talk to a personal injury lawyer, that’s understandable.

The truth is that most personal injury cases in Tampa will be settled outside of court. Some of course will end up going to court and you’ll have a better understanding of why after reading this post.

How Most Personal Injury Cases Are Settled

If you’ve been in a car accident, there are two ways to collect damages from the individual at fault. The most likely scenario will be that the at fault party or their insurance company will offer a settlement that you accept. If an acceptable settlement is not offered, then you can file a civil lawsuit in order to collect compensation for any injuries and/or damages.

A personal injury case can reach settlement when the at fault party or their insurance company makes an acceptable offer of payment to the injured party. This type of offer can be made before any lawsuit has been filed, while the case is actually in trial or while the jury is in deliberation. After the settlement amount is agreed upon, the injured party will relinquish the personal injury claim that they filed following the incident. They may also sign a release as directed by their attorney.

While it is true that filing a civil lawsuit could result in more money than a settlement out of court, taking a personal injury case to trial comes with additional risks and stress for all parties involved. As a personal injury law firm with years of experience, there is a good reason why most settlements are reached before a lawsuit has been filed.

Why Most Settlements Occur Before Going to Trial

Most personal injury cases will reach some form of a settlement if an insurance company is involved. this should come as no surprise, because these are businesses at the end of the day. It’s going to be more expensive for the insurance company if a personal injury case goes to trial. These businesses have the money to pay these claims and are expecting to have to do so.

Regardless of whether the case goes to trial, an insurance company is going to incur extra fees investigating a claim. If the case does go to trial, the insurance company loses even more control over the situation. It makes much more sense for them to offer a settlement before going to trial. Juries tend to be more sympathetic to the injured party in this case and do have the power to award them large pain and suffering damages.

We’ve also seen plenty of cases where the at-fault party was more likely to offer settlement early in order to keep the case out of the public eye. take for example a business is facing a potential PR nightmare after a defective product injures several customers. This business will likely act quickly to offer settlements to these customers in order to keep things quiet. In exchange for signing a confidentiality agreement, some companies may offer even larger settlements for personal injury cases in Tampa.

How Does a Settlement Benefit You?

There are several advantages to settling a personal injury case before going to trial in Florida. First, you need to know that taking a personal injury case to trial is a lengthy process. Most trials won’t begin until at least a year after the personal injury claim was filed. The actual trial can then last 4 months or even years if specific appeals are made.

Someone who gets injured in a car accident will likely have significant medical expenses. Many will need the money that they are seeking immediately to pay these bills. A trial is a stressful experience with ramifications that should be considered carefully before seeking out.

The Added Value of Privacy

Remember that a lot of defendants in personal injury cases will seek settlements in order to keep things private. This is also a potential benefit for the injured party (plaintiff) as well. If a personal injury case is taken to trial, most insurance companies employee legal teams specifically to fight these types of lawsuits. These are well-paid experts are going to do their best to discredit you and your claim in a public forum.

It’s true that a settlement may not yield as much money as what could be won by going to trial. However, the injured party is at least secure in the fact that they will receive financial compensation for their case. This is not true if the case is taken to court. While typically small, there is still a chance that the injured party could lose their case in court and receive nothing for their damages.

Why Settlements Aren’t Always Possible

It’s important to know that settlement is typically going to be in the best interest for both parties. If the injured party and the at-fault party are able to reach an agreement, then they can both move forward and put this incident behind them. The reason some personal injury cases go to court is because reaching that agreement is not always possible. From our experience as personal injury attorneys in Tampa, here are some of the most common reasons why settlement can’t be reached.

There are cases where the at-fault party refuses to offer any form of settlement. This could be because they believe they are not at fault for the incident. If this happens, your only recourse may be to take the case to trial. This would also be a good time to speak to a personal injury attorney if you hadn’t already.

There are also plenty of cases where both parties cannot agree to a settlement amount. In this situation, your journey may recommend taking steps to bring the case to court. This could get the attention of a stubborn insurance company. However, it should be stressed that this is exactly the type of situation where you would want to have a personal injury attorney representing your interests. An insurance company might be more likely to meet your demands if your attorney makes it clear that you’re not just blowing hot air.

Conclusion

So now you know why most personal injury cases in Tampa will sell outside of court. If you’ve been injured in a car accident or a related incident, then we urge you to contact a personal injury attorney.

If you are seeking the services of an experienced personal injury law firm in Tampa or St. Petersburg, Busciglio & Sheridan Law Group are here to help. Schedule a consultation with us today and we’ll show you what we can do for you. Give us a call at 813-225-2695.

Here’s the question that we want to answer today,”When do you need to hire a personal injury attorney in Tampa?”

If you have been in a car accident, unfortunately there are no set guidelines as to when or whether you should hire a personal injury attorney. Can you go through the process of filing a personal injury claim on your own? The answer is yes, but it would not be the wisest choice.

What Happens If You Pursue Your Personal Injury Claim on Your Own?

The attorneys at Busciglio & Sheridan Law Group are experienced in personal injury cases here in Tampa. We’ve seen plenty of people trying to handle their own personal injury claim without the help of an attorney. Unfortunately, this can easily end in more heartache and financial distress.

Studies have shown that a claimant who is represented by a personal injury attorney will net (on average) three times more money than they would have if they had pursued their claim on their own.

If you choose to pursue your injury claim on your own, know that an insurance carrier will likely attempt to end things quickly with an early settlement offer. This can be tempting, but in truth it’s likely going to be a minimal amount of money compared to what you are really seeking. This is a simple strategy intended to make you (the problem) go away. Insurance carriers call these types of settlements “nuisance value” offers. Unrepresented injury victims are seen as a nuisance that don’t have the means to pursue the full compensation they’re entitled to.

Most car accident victims don’t have the training and experience necessary to effectively negotiate with an insurance carrier. Car accidents can also result in significant medical bills that people won’t be able to resolve on their own. Additionally, a claimant will struggle to prove liability against insurance carriers that will do everything in their power to undermine the validity of their claim and the severity of their injuries.

Negotiating With Insurance Carriers

One of the best reasons to hire a personal injury attorney is to have an expert negotiating on your behalf with insurance carriers concerning your claim. Your lawyer will make sure that your medical bills are paid and that your property damage claims are taken care of ASAP. Again, this is why you want to find your personal injury lawyer immediately after you have been released from the hospital or the accident investigation team depending on the severity of the situation.

During our first consultation with a personal injury client, our attorneys are going to do a thorough investigation into the essential aspects of the case. This will include looking into all of the medical providers a client may have been treated by in the past. This is important, because insurance carriers have their own team of defense lawyers. They’ll assume that the claimant’s injuries were pre-existing before the accident occurred, and they’ll work hard to undermine the validity of the claim.

An experienced personal injury attorney will seek to learn as much as they can about their client, so there are no surprises if a case is taken to trial.

Getting the Best Medical Care

If you’ve been injured and it was at the fault of someone else, then you’re probably going to need some form of medical care. Most people assume that they need a personal injury attorney to get adequate compensation from their personal injury claim. However, a personal injury attorney can also help make sure that you get the best medical care in this type of situation. experienced lawyer to make sure that all of your medical bills have been taken care of.

For people that try to handle their injury case on their own, they can quickly find out that it is much more complicated than any insurance company would want them to believe. This is especially true when they encounter medical liens. Seeking the best medical treatment while also having to deal with your PIP and an insurance carrier can be extremely challenging. A personal injury attorney can make sure that you’re getting a fair deal.

The Earlier You Hire a Personal Injury Attorney, The Better

The earlier that you get a personal injury attorney involved in your case, the more effective they can be. For example, say there was a person who has been trying to handle their own personal injury case in St. Petersburg for over a year. Their insurance carrier told them that their medical bills would be taken care of. But after a full year, those bills have still not been paid.

Now this person has started to receive threatening calls from collection agencies seeking payment for her medical bills. This person has chosen to ignore these notices thinking that their insurance carrier would be taking care of the bills as promised. Now those delinquent medical bills have started to negatively impact her credit rating.

This is the type of damage that can take a significant amount of time to repair. If this person had brought on a personal injury attorney early, they would not be in this type of serious situation.

This is why you need a personal injury attorney immediately after you’ve been released from the hospital following a serious car accident. Critical evidence that is needed to prove your case can quickly be lost or even destroyed. On top of that, insurance carriers can make empty promises and leave you hanging out to dry.

Florida Statute of Limitation Issues

Have you ever heard of the Florida Statute of Limitations? This is essentially a strict time limit on the amount of time that you have to seek proper compensation for your injuries following an accident in Florida.

There are strict statutes of limitations for almost every type of injury claim that can be made in the Sunshine State. If a claim is being made against a government agency, notice must be given in a relatively short amount of time following the incident. People that wait too long can be barred from making any form of claim and may be left to face the consequences on their own.

This is yet another really important reason to seek the services of a personal injury law firm as soon as you can after an accident.

Do You Need A Personal Injury Attorney in Tampa?

Even if your case seems really simple, you need to hire a personal injury attorney to represent you. Pursuing a personal injury claim is always going to be much more complicated and challenging and it seems on the surface. Insurance carriers will bring everything they have to bear in order to avoid paying the appropriate amount of compensation for your injuries. This is not the type of situation that you want to go through on your own.

If you are seeking the services of an experienced personal injury law firm in Tampa or St. Petersburg, Busciglio & Sheridan Law Group are here to help. Schedule a consultation with us today and we’ll show you what we can do for you. Give us a call at 813-225-2695.

Do you have a personal injury claim that you want to bring to an attorney? Before you do, you might be wondering how long does the average personal injury case takes to settle in Tampa. Could you be waiting months to receive your settlement? Or even years?

In this post, our legal experts break down the timeline for your average personal injury claim/lawsuit. Please note that more complex cases may follow a different timeline.

Receive the Necessary Medical Treatment For Your Injuries

If you are in a car accident and get injured, then the first thing you will want to do is get treated for your injuries. Car accident injuries can be quite serious, so victims are often taken to the hospital immediately after the incident.

Our personal injury attornies also stress that you should schedule an appointment with a doctor even if you aren’t experiencing any physical signs or symptoms following the car accident. Internal car accident injuries might not produce noticeable symptoms right away, but these injuries can be deadly if not treated.

It’s also important to see a doctor if you plan on filing an insurance claim for the accident. Why? Insurance adjusters might not take your claims seriously if you haven’t gone to see a doctor as soon as possible after your car accident.

Find a Good Personal Injury Attorney in Tampa

After you have received medical treatment for your injuries, then the next thing you should do is hire a personal injury lawyer. While it is possible to resolve some minor cases on your own, filing a personal injury claim is a complex process and you’ll want to have an expert guiding you through each phase of the process.

Unfortunately, insurance companies can get pretty ruthless when it comes to fighting your claim. The truth is that they will look for any reason they can to undermine your case and get out of paying for the damages you’re facing. If you hire a personal injury attorney from Busciglio & Sheridan Law Group, we have the experience and resources to achieve the settlement you deserve for your case.

Call us today at (813) 225-2695 or complete our form to schedule a consultation to discuss your case.

Your Lawyer Reviews the Evidence & Your Medical Records

When you sit down with your personal injury lawyer, they’ll need to thoroughly review every aspect of your car accident and claim. During this process, please know that that your attorney will need to conduct an extensive background investigation and evidence gathering in order to build the strongest case for you. Don’t hold anything back, they should have a complete understanding of the auto accident, the injuries you sustained and the treatment you received.

Remember that lawyers don’t like surprises and so will you if any crop up when we’re fighting for your settlement.

After this initial investigation, your lawyer will need to obtain copies of your medical records and all bills relating to the injuries sustained in the accident. If you have a pre-existing medical condition that was impacted by the car accident, they may need medical records related to this condition. Gathering all of this information is a time consuming process and can take months to complete.

Once completed, your personal injury lawyer will review and determine the validity of the claim. If you’re working with one of our lawyers, we will let you know at this point whether you have a valid case or not.

Making Demands, Settling or Filing Suit

A small personal injury claim is usually settled without your lawyer needing to file a lawsuit. If there’s a good chance that the case can be settled quickly for the amount you’re seeking, then your lawyer may send a demand letter to the opposing legal team or insurance carrier.

This type of action will not be taken until after you have completed your medical treatment and you’re as recovered as you’re going to get. It’s important to wait until after treatment has been completed, because otherwise we won’t have an accurate assessment of how much the case is worth.

In a more complex case, we may need to file a lawsuit. For cases involving permanent injury or impairment, a good personal injury attorney will not settle before filing a lawsuit. The filing will not occur until after the client has finished receiving medical treatment for their injuries. This process can take months or even years depending on the complexity of the case.

One other factor that we will take into consideration is the financial stability of the client we are working with. If they need money, then our legal team will push to file the lawsuit as soon as possible.

Filing in Accordance to the Statute of Limitations

Once the lawsuit has been filed, the countdown to the trial starts. Personal injury cases take one to two years to get to trial on average, with pretrial procedures varying from state to state. The lawsuit will also need to be filed in accordance to Florida’s statute of limitations.

Starting the Discovery Process

At this point, we begin the discovery portion of the case. The opposing legal team will investigate the our claim and probe for possible weaknesses in the case. Questions and requests for pertinent documents are exchanged and depositions are taken from all credible witnesses. The discovery process can take anywhere from 6 months to a year to complete depending on the complexity of the personal injury case and court deadlines.

Negotiations and Mediation

Once discovery has been completed, we will meet with the opposing sides legal team to discuss the possibilities of agreeing on a settlement. Some cases can be settled without issue once the lawyers are able to meet with each other, but the case may need to go to mediation. At this stage, you and your legal team will meet with the other side in front of a mediator in order to try and reach a settlement.

The Case Goes to Trial

If a settlement can’t reached in mediation, then a trial date will be set for the case. Personal injury trials can be completed within a single day, or they can last for weeks/months. Again this will depend on a variety of factors specific to your case.

Please note that your trial date may be changed and that doesn’t necessarily mean that something bad has taken place. Often, this happens because the judge has a scheduling conflict. Trials get delayed all the time for a plethora of reasons. If you have a good personal injury attorney representing you, then you don’t need to worry.