Auto Accidents
The most common form of personal injury cases are in the form of auto accidents. In 2012 there were over 281,430 auto accidents and every year the number of these crashes are increasing. When you are in an auto accident it can be a shocking and life altering experience. Your body may suffer permanent damage that no amount of monetary damages can fix. Through therapy, possible surgery and monetary damages we can only try to put you back in the position you were in before. Meanwhile, throughout this process you will have to cope with all the pain and suffering which resulted from the accident.
In these situations, your focus should be on healing and getting yourself back to normal. However, the insurance companies will not assist you much in this area. They will often seek to settle your matter far below an amount you are entitled to. Dealing with an insurance company is often quite frustrating and can exacerbate an already difficult time.
Hiring an attorney will help you (1) restore your peace of mind (2) remove the worry, headache and confusion associated in dealing with an insurance company (3) help you get the compensation you deserve for lost time from work, pain and suffering and the long term care for your injuries.
If you or a loved one has been in a car accident, please contact Rudez PL at 844-RUDEZLAW for a FREE consultation with Attorney Dan Rudez.
Dog Bites
Approximately 4.7 million people are bitten by dogs every year. Of those, 50% to 70% are children and 20% are the elderly. Only approximately .0002% are of these bites are fatal. Often times victims are unsuspecting of the potential danger as most of the dogs come from neighbors and friends. These incidents are not isolated to the better known dangerous dogs such as Pit-Bulls, Rottweilers, German Shepherds and so forth. These attacks can come from unsuspecting breeds as well. As such, dog owners should be aware that the one-bite rule has been abolished for some time. Dog owners are strictly liable for any and all bite of their dog.
These dog bites can cause severe disfigurement and scarring, and can have a great impact on the everyday lives of their victims. If you are a victim of a dog bite, consult with an attorney no matter how severe you believe the bite is. Dog bite victims have rights and you should consult with an attorney to have them explained to you and the case evaluated for your own protection and peace of mind.
If you or a loved one has been attacked by a dog, please contact Rudez PL at 844-RUDEZLAW for a FREE consultation with Attorney Dan Rudez.
Employment Discrimination
Florida is an “at-will” employment state, where the employer can terminate your employment for just about any reason, as long as it is not an unlawful reason set forth in Federal or State law. Discrimination based upon race, color, religion, gender/sex and national origin is a common unlawful basis for employment termination.
In 1964, Title VII of the Civil Rights Act was passed, prohibiting employment discrimination based on race, color religion, gender/sex and national origin. Florida has passed their own version of a civil rights act, entitled the Florida Civil Rights Act, which also prohibits discrimination upon the same basis but also includes discrimination on age, marital status and handicap.
Federal law under the American’s with Disabilities Act (“ADA”) prohibits discrimination upon disability. This includes not only the traditional notions of disability, but with recent amendments, it also can include other less severe injuries that are permanent and affect your everyday life.
In order to pursue any of these forms of discrimination you have to file a complaint with either the Equal Employment Opportunity Commission (“EEOC”) or the Florida Commission on Human Relations (“FCHR”). Please note, you have one year from the date of the discriminatory act to file a charge with the EEOC or FCHR. There are other deadlines and statutes of limitation you should be aware of as well. Pursuing a claim for discrimination is complex and filled with challenges. Many cases are not suitable for litigation, even when it is possible that there was some form of discrimination.
Upon termination, many employers may offer a severance package in exchange for waiving your right to pursue a claim against your employer. Please take time to review this offer with an attorney. By signing it you may waive your right to pursue this matter in court.
If you or a loved one has experienced employment discrimination, please contact Rudez PL at 844-RUDEZLAW for a consultation with Attorney Dan Rudez.
Pedestrian Accidents
Florida is one of the top three most dangerous states for pedestrians, according to The National Highway Traffic Safety Administration.
In the state of Florida, drivers have a higher standard for their duty of care than pedestrians. Drivers are required to “exercise due care to avoid colliding with any pedestrian or any person propelling a human-powered vehicle” (Fla. Stat. 316.130(15)).
However, pedestrians are required to do their part to ensure their own safety as well. Pedestrians and bicyclists should travel in the same direction as the flow of traffic, follow all intersection walk signs, and remain aware of their surroundings.
That said, when a pedestrian is struck by a vehicle, the results can be particularly devastating. Unlike in a two-car auto accident, when an individual is struck by a vehicle, they do not have the benefit of being surrounded by 4,000 pounds of metal.
Pedestrian accidents are always a complex legal issue, and if you’ve been in a pedestrian accident, it’s possible that the driver breached his duty of care.
If you or a loved one were involved in a pedestrian accident, please contact Rudez PL at 844-RUDEZLAW for a FREE consultation with Attorney Dan Rudez.
Polytrauma
The term polytrauma refers to any situation in which a victim has suffered injuries to multiple parts of his body. These injuries can include head injuries, nerve damage, multiple or complex bone fractures, open wounds, and more.
These serious, sometimes life-threatening traumas can lead to much more than mere physical pain and hospital bills. A polytrauma is a life altering event that can cause loss of employment, disability, and emotional distress, in addition to the often massive medical costs associated with emergency treatment and rehabilitation.
Cases involving polytrauma are not like any other personal injury matter, and they should not be treated as such. For these cases, you need the assistance of an experienced attorney to ensure you receive proper damages for your claim.
If you or a loved one suffered a polytrauma, please contact Rudez PL at 844-RUDEZLAW for a FREE consultation with Attorney Dan Rudez.
Premises Liability
Slip and fall accidents are the second most common means of personal injury. Almost 14,000 people die each year from these accidents. Hundreds of thousands suffer minor to major injuries. More than 2.5 million fall accidents occur each year on stairways alone. Approximately 2 million of these accidents result in permanent and disabling injuries. Often times these injuries are so severe, they result in the individual becoming disabled as defined by the Americans with Disabilities Act (“ADA”).
Sadly, not all buildings are built in accordance with appropriate safety codes and some businesses do not pay proper attention to potential hazards that may harm their guests. If you have been injured or fallen as a result of a hazard or poor construction, please feel free to give me call for a free consultation to talk about your case.
If you or a loved one has experienced a slip and fall, please contact Rudez PL at 844-RUDEZLAW for a FREE consultation with Attorney Dan Rudez.
School Injuries
When you drop your child off at school for the day, you expect them to return home in roughly the same condition. Sure they might get some dirt on their clothes, a scraped knee here and there, or that annual case of the sniffles. But, you certainly don’t expect your child to be seriously injured while at school.
Unfortunately, this is not always the case. According to the CDC, 80% of elementary school children visit the nurse due to an injury. Opportunities for injury to your child can include recess and playground time, physical education, school crossings, or even within the classroom.
During school hours and at school-sponsored events, school officials act in loco parentis, meaning in place of the parents. They have a duty to prevent foreseeable dangers from harming your child. These dangers can be in the form of unsafe equipment, slippery floors, or even bullying when a teacher should have been supervising student activity. While it is impossible to keep children from harm 100% of the time if your child has suffered a serious injury at school, it’s possible that the school could be liable for negligence.
If your child was injured at school, please contact Rudez PL at 844-RUDEZLAW for a FREE consultation with Attorney Dan Rudez.
Traumatic Brain Injury
According to the CDC (United States Centers for Disease Control and Prevention), there are approximately 1.5 million people in the U.S. who suffer from a traumatic brain injury (TBI) each year. 50,000 people die from TBI each year and 85,000 people suffer long-term disabilities. In the U.S., more than 5.3 million people live with disabilities caused by TBI. Those affected by a brain injury may have lifelong disabilities.
A TBI can cause dramatic changes to a person’s speech and language abilities, learning, emotion, and more. TBI cases are often more complicated than other injuries because of the requirement for long-term care. Medical costs for these victims can amount to over a million dollars in lifetime care.
There can be many causes of a TBI, such as the much-publicized chronic traumatic encephalopathy suffered by many football players, but two of the most common causes are car accidents and falls. In these cases, it might be possible to receive compensation for your injuries.
If you or a loved one sustained a traumatic brain injury (TBI), please contact Rudez PL at 844-RUDEZLAW for a FREE consultation with Attorney Dan Rudez.
Trucking Accidents
Trucks these days are almost everywhere you turn. For almost every mile of road in America, there is a truck. With the decline of our railroad system, we have come to rely upon trucks to move almost all our goods and supplies. These trucks are vital to our system of commerce however, with that we have unleashed a significant danger to drivers. The average truck driver is under significant pressure to deliver loads under tight deadlines and most of them having to carry the burden of all the costs associated with moving the load, such as fuel and repairs. With these pressures, drivers are forced to cut corners and to falsify driving logs. This dangerous mix of financial pressures and pressure to deliver goods under tight schedules, along with the fact that an average fully loaded truck can weigh over 80,000 pounds, creates a severe danger to everyday drivers on the road.
Trucking accidents are not like many of the average auto accidents where an individual may have suffered back injuries or possibly soft-tissue injuries. When trucks collide with automobiles, more often passenger vehicles are in various states of being totally damaged. Victims of truck accidents are usually left with significant damages and in some cases victims were brought to the brink of death.
Victims of these accidents must know that handling a truck accident case is nothing like an auto-accident. Trucks are regulated by various levels of Federal and state regulations and there are many different entities that may be involved. There is the truck driver, the truck owner, the trailer owner, the entity leasing the truck, the company that loaded the cargo and so forth. In order to properly litigate these cases, an attorney must be able to navigate all these entities and be able to get the best result for the client. These cases are not like auto accidents and any victim of a trucking accident should seek an attorney capable of addressing the unique nature of these cases.
If you or a loved one has been in an accident with a truck, please contact Rudez PL at 844-RUDEZLAW for a FREE consultation with Attorney Dan Rudez.
Workers Compensation Discrimination
You may know that Florida employees who are injured on the job are entitled to worker’s compensation. But did you know what Florida law also protects employees from retaliation or discrimination after a workers’ compensation claim?
Fla. Stat. 440.205 states “no employer shall discharge, threaten to discharge, intimidate, or coerce any employee by reason of such employee’s valid claim for compensation or attempt to claim compensation under the Workers’ Compensation Law.”
This law means that your employer cannot take any action against you, including but not limited to demotion and dismissal, in retaliation for filing a workers’ compensation claim. Not only does this law protect employees from retaliation after filing a claim, it also disallows employers from using intimidation or coercion to prevent an employee from filing a valid claim.
If you or a loved one has experienced workers’ compensation retaliation, please contact Rudez PL at 844-RUDEZLAW for a consultation with Attorney Dan Rudez.