What effect could President Trump Supreme Court Justice appointment have on personal injury cases in Florida?

how-a-judge-becomes-a-supreme-court-justice

As President Donald Trump heads into his second official week in office he is already having a significant impact on a broad spectrum of areas both inside and outside of America. His executive orders have put a freeze on civilian federal government hiring, pulled America out of the Trans-Pacific Partnership trade agreement, threatened “Sanctuary Cities” with reduced funding, called for the construction of a physical wall along the U.S.-Mexico border and put a temporary ban on immigration to the U.S. from seven predominantly Muslim countries.

 

On tap for this week is the first action our new President will take that could have a significant and direct effect on future personal injury cases and awards. This coming Thursday, February 2nd, President Trump will officially nominate a judge to replace the late Justice Antonin Scalia on the Supreme Court.

 

According to most Supreme Court experts, this first appointment may not alter the balance of the court from when Justice Scalia was alive, no matter how conservative the appointee may be. What they do point to, however, is if our new President is able to appoint a second or third justice during his term. At that point, according to John J. Bursch of Bursch Law PLLC, who has argued before the Supreme Court on many occasions, “dramatic change is possible.” http://howardandhoward.com/user_area/uploads/MLW%20-%20Howard-TE%201-12-17.pdf

 

Due to the age of two current Supreme Court Justices, Justice Ruth Bader Ginsburg (84 years old) and Supreme Court Justice Anthony Kennedy (80 years old), President Trump getting that chance is a distinct possibility. And if that does indeed happen, then Mr. Bursch sees significant changes that could come in a whole variety of court precedents, including class-action litigation.

 

And according to University of Detroit Mercy Law School Professor Lawrence A. Dubin, ““In an effort to cut costs, further limits might be imposed on personal injury, wrongful death and medical malpractice claims.”

To read the entire article that we used to help write this blog from Michigan Lawyers Weekly, go to: http://howardandhoward.com/user_area/uploads/MLW%20-%20Howard-TE%201-12-17.pdf

 

That would mean a significant negative effect on you if you are trying to receive fair compensation when you have been injured or killed in a severe accident or due to medical or someone else’s willful negligence. Continue to follow our blog to stay up-to-date on tort law reform that may effect you or a loved one in a personal injury case.

 

At Slinkman, Slinkman, & Wynne, P.A. we realize that a change of several Supreme Court justices during President Trump’s term in office could have a negative effect on the rights of injured people. We help our clients obtain payment to cover hospital and other medical expenses, pain and suffering, and more, if the situation warrants it. If you want to learn more about how we can help you in a situation where you or someone you love has been in an accident or the victim of malpractice, then go to this page on our website: http://sswlawfl.com/areas-of-practice/accidents-serious-injury/.

 

We specialize in Wrongful Death and Serious Injury, Automobile Accidents, Motorcycle Accidents, Boating Accidents, Medical Malpractice, Defective Products, and many other types of legal situations where injury or death has occurred. Whether you are in Palm Beach Gardens, Jupiter, Stuart, West Palm Beach or any other city in the state of Florida, you need to find and hire a law firm that has the level of knowledge and experience that will get you the financial results you deserve, while also working with you throughout your case until some type of resolution has been reached.

 

With over four decades of experience, that firm is Slinkman, Slinkman, & Wynne. Contact us directly at (561) 686-3400, or via email at info@sswlawfl.com.

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Slinkman, Slinkman & Wynne – a real automobile accident story from one of our clients

slinkman-slinkman-wynne-logo

How do you go about picking a personal injury attorney when you need one? So many of us are afraid that after you get past the television commercials and the hype, most personal injury law firms are little more than uncaring “ambulance chasers”, just looking for their next big score, whether or not you have a legitimate personal injury case or not.

 

Here is a story that proves beyond a shadow of a doubt that attorneys and staff at Slinkman, Slinkman & Wynne, P.A. are not your typical personal injury law firm personnel. Their practice is made up of people who really do care about their clients – and they really do go the extra mile to try and get you the compensation you deserve for the losses that you suffered.

 

How do I know this? Because I have been a client of theirs. During the late afternoon/early evening of a Monday in April of last year (2015), I was involved in 2-car automobile accident on I-95 in West Palm Beach. Luckily, neither I nor the people in the other car involved suffered any type of serious injury. My car, however, was deemed a total loss by my insurance company.

 

During the weeks that ensued I would come to learn that my automobile insurance company of 25 years valued my car at almost $5,500 less than I owed on my loan (despite the fact I purchased it used, two years old), AND they would only cover 5% of the cost of my visit to my local MDNow to have my neck checked out – an additional loss of $525 for me. Since I had only owned the car for 10 months, I argued with my insurance company that they had covered the car for the full value of what I purchased it for, and I could not understand how they now valued it for $8,000 less than my purchase amount in less than a year.

 

Suffice it to say – the multiple debates accomplished nothing other than to make me extremely frustrated. Particularly since I have been a loyal customer for all of those 25 years, involved in only one accident since my early college days. Conservatively they have made at least $20,000 on me over that time.

 

When I related my story to Slinkman, Slinkman & Wynne, P.A. partner Ryan Wynne at a networking event, he asked me if I were willing to allow him to work on my behalf to try and recover some of the money I had lost. Honestly, I had given up. After hours of useless arguing with multiple insurance company representatives on the telephone, I figured that Ryan and his firm had zero chance of getting me another penny. But hey, since he was willing, why not let him try?

 

Well, it took about 9 months of effort by Ryan and his team – yes, he did not give up fighting for me, even after I had said to him that he could give up at least 2 or 3 times. And amazingly, Ryan Wynne and his team was able to get the insurance company to agree on a settlement that netted me a payment of around $3,300.

 

I realize that does not sound like a lot of money. But for me, that $3,300 was totally found money – from the same insurance company that told me, in essence, to go pound sand. That surprise and welcome settlement helped me to pay off the rest of my car loan.

 

Therefore, if you are like so many other people, and you have no idea how to go about finding a personal injury law firm you can trust will work hard for you when you have been injured – then take it from me, and my personal experience. If you are located in Jupiter, Palm Beach Gardens, West Palm Beach, Stuart or anywhere else in south Florida, then Slinkman, Slinkman & Wynne is the personal injury attorney firm that will get you every penny that you deserve from your case – even if you are sure, like I was, that your insurance company or the party who caused your injury will never have to give you a penny. The lawyers at this firm understand personal injury law thoroughly, are hard-working, and willing to fight for you.

 

Go to our “Cases and Judgments” page to learn more about the many cases we have won fighting for our clients in a variety of personal injury cases, including automobile accidents, defective products, slip and fall, medical malpractice and others: http://www.sswlawfl.com/cases-judgments/.

 

At Slinkman, Slinkman & Wynne, P.A. we have practiced law in Jupiter, Florida, Palm Beach County, and the Treasure Coast since the early 1970’s. During that time we have been devoted to protecting South Florida families for over 40 years.

 

We limit our practice to serious injury and wrongful death arising out of severe accidents and medical negligence. Those areas of personal injury law we focus on include automobile accidents, boating accidents, motorcycle accidents, defective products and medical malpractice. We look forward to meeting you and fulfilling the needs of you and your family.

 

Contact our Palm Beach law firm using our Case Review Form right on our website with questions about your legal issue. Or, call us directly at (561) 686-3400. Provide a much information as possible regarding your inquiry. While this contact does not serve to establish an attorney/client relationship, it will allow our legal team to begin an assessment of your case. Please note that your initial consultation with our law firm is FREE.

 

Slinkman, Slinkman & Wynne supports NHTSA enhancements to website and social media to help car owners across Florida and the entire U.S.

Recall word on a red round car or vehicle ignition button to ill

The National Highway Traffic Safety Administration (NHTSA) has made protecting automobile drivers and owners their top priority. A significant part of that effort has including updating and enhancing its website and social media to make it more user-friendly.

At Slinkman, Slinkman & Wynne, P.A. we strongly support when our government creates laws and tools that assist you, the public, over the special interests of special interest groups like the car manufacturers. In 2013 the federal government recodified the original National Traffic and Motor Vehicle Safety Act from 1966 giving the NHTSA the authority to ”issue vehicle safety standards and to require manufacturers to recall vehicles that have safety-related defects or do not meet Federal safety standards.”

In just the last 3 years, “more than 390 million cars, trucks, buses, recreational vehicles, motorcycles, and mopeds, as well as 46 million tires, 66 million pieces of motor vehicle equipment, and 42 million child safety seats have been recalled to correct safety defects,” according to the NHTSA’s most recent study published on their new “safecar.gov” website. You can find the study here: http://www-odi.nhtsa.dot.gov/recalls/recallprocess.cfm

In addition, the NHTSA’s enhanced website and social media offer consumers several ways to get information on all recalls delivered to them. Here are three easy ways the agency offers on its website:

Get Recalls Information Delivered to You

  1. Free SaferCar Mobile App for Android and Apple devices

Register your vehicles to be notified by NHTSA if a safety issue is discovered. The app also makes it simple to submit complaints to NHTSA regarding possible safety problems with your vehicles. Download Android version from google Play store | Download Apple version from the iTunes store

  1. Recalls Info on Facebook and Twitter

Follow NHTSA on Facebook and Twitter to find out about the latest recalls announced by vehicle manufacturers and child car seat makers.

  1. Sign Up to Receive E-Mail Alerts on Recalls

You can sign up to get notifications for up to 5 vehicles, as well as child car seats and tires.

To get started, just go to http://www.nhtsa.gov/Vehicle+Safety# and follow the clear instructions.

At Slinkman, Slinkman & Wynne we feel it is always good when our governments offer easy-to-use solutions for important issue such as automobile safety and recalls of defective vehicles and their parts. If a defective part on your automobile, motorcycle, boat, RV or any other vehicle may have caused you or a loved one to be injured or killed, then you may need to seek legal representation to find out your rights and if you deserve financial compensation.

Our Board Certified lawyers from Slinkman, Slinkman, & Wynne, P.A. are the right lawyers to help you understand the defective product laws, both state of Florida and federal, which may affect your case. To learn more about how we can help you in a defective product case, please go to http://www.sswlawfl.com/areas-of-practice/defective-products/.  We also specialize in Wrongful Death & Serious Injury, Medical Malpractice, Defective Products, and many other types of legal situations where injury or death has occurred.

For more information on our firm go to http://www.sswlawfl.com or call us at (561) 686-3400. The office of Slinkman, Slinkman & Wynne practices law in Jupiter, Florida and Palm Beach County, and has been devoted to protecting South Florida families for over 40 years. We also offer a free consultation to you for your potential case.

Slinkman, Slinkman & Wynne, P.A. school driving safety tips, part 2 – dropping off children at school

School drop off - car cutting drop off line

At Slinkman, Slinkman & Wynne, P.A. we believe that if we help one person avoid a potentially dangerous situation that leads to an injury or their death. That is why we dedicate many of our blog posts and articles to sharing information that helps you and your loved ones to be safe and hopefully stay healthy. In the next several blog posts we offer “back to school driving safety tips”. Important tips to help you share the road safely with other cars, pedestrians, school buses and bicyclists.

In this post we offer tips on do’s and don’ts of what to do if you are dropping off children at school here in Jupiter, Palm Beach Gardens, West Palm Beach or anywhere else in a community where schools and/or children reside.

When you are dropping off children at school:

  • Carpool wherever possible
    • Carpooling reduces congestion and helps reduce pollution.
  • Do not drop your children off across the street from the school
    • Yes, it takes a few extra minutes to get in line and drop off in front of the school. It also saves your children from crossing a very busy, potentially dangerous street.
  • Do not double park
    • This raises congestion and causes potentially dangerous blind spots. It also raises everyone’s frustration level, just like the next point.
  • Do not cut the line
    • Every car in front of you is waiting to pick up their child just like you. The more respectful everyone is, the quicker each person moves through, picks up their child/children, and completes the process.
  • Try to stay off your mobile devices, if possible.
    • Particularly if you are moving. Children can be unpredictable, and one can come jumping out from the sidewalk or from behind a vehicle in a split second without notice. If you are distracted, if even for a moment, it can change that other person’s life, forever. And, your own.

We acknowledge using and sharing this important information with you from the National Safety Council. To read their entire article dedicated to back to school safety, please go to: http://www.nsc.org/learn/safety-knowledge/Pages/back-to-school-safety-tips-for-drivers.aspx

Unfortunately, we all know that automobile accidents in school zones and everywhere else where vehicles travel happen every day. If you or a person you care about gets injured or killed in an automobile accident or any other situation, contact us at Slinkman, Slinkman & Wynne, P.A. Or, if you have a question about any type of personal injury situation that you have not yet had answered, please call us at Slinkman, Slinkman & Wynne, P.A. We offer a free initial consultation: our phone number is (561) 686-3400 and our email address is info@sswlawfl.com.

Accidents involving children happen. We help our clients obtain payment to cover hospital and other medical expenses, pain and suffering, and more, if the situation warrants it. If you want to learn more about how we can help you in a situation where someone you love has been in an accident, then go to this page on our website: http://sswlawfl.com/areas-of-practice/accidents-serious-injury/. We also specialize in Wrongful Death & Serious Injury, Medical Malpractice, Slip and Fall, Defective Products, Motorcycle accidents, Boating accidents and many other types of legal situations where injury or death has occurred.

Whether you are in Palm Beach Gardens, Jupiter, Stuart, West Palm Beach or any other city in the state of Florida, you need to find and hire a law firm that has the level of knowledge and experience that will get you the financial results you deserve, while also working with you throughout your case until some type of resolution has been reached. With over four decades of experience, that firm is Slinkman, Slinkman, & Wynne, where we have been devoted to protecting south Florida families for over 40 years.

Slinkman, Slinkman & Wynne safety tips: driving during school days in Florida

school bus unloading

The middle of August here in Florida means several things: the summer season weather-wise (hot and humid) is about half over, but more importantly, schools are back in full swing. Even if you do not have any children that are school-age, you know school is back in session with the significant pick up in traffic and congestion on the roadways as you try to make your way to and from work. That also means you must be significantly more careful where ever you are driving at this time of year.

Therefore, we will do a 2-part blog on driver safety during school days. This first part is a refresher of general driving safety tips for all drivers at this time of year to help keep kids, other drivers and yourself accident and injury-free during school days. In the second part we will share with you some safety tips for parents and others driving kids to and from school:

  • Plan to leave your home a few minutes earlier than you did during the summer to get to your destination.
    • Between school buses, kids walking and on bikes, and parents trying to drop off or pick up their kids, traffic congestion is significantly more than it was just two weeks ago. Adjust for that so you keep yourself from getting frustrated, angry and impatient behind the wheel.
  • Slow down and pay attention to the road AND the surrounding sidewalks
    • Even the safest of drivers can not predict a child darting out into the middle of the road apparently out of nowhere. The slower you are driving, the more time you will have to react when unexpected, potentially dangerous actions by others, particularly kids, happen.
  • Do NOT pass a bus that has its “Stop Sign” and blinkers on. Ever.
    • Of course we all have had that morning we are running late, and then we get stuck behind a school bus stopped to pick up kids… and it is taking forever. There is no one on the other side of the road, and it looks so tempting to go around the bus and continue on your way. Don’t do it. The leading cause of death among kids and teenagers is accidents/unintentional death, according to https://medlineplus.gov/ency/article/001915.htm

 

If you or a person you care about gets injured or killed in an automobile accident caused by negligent driving or you simply have a question about a potential personal injury situation that you have not yet had answered, please call us at Slinkman, Slinkman & Wynne, P.A. We offer a free initial consultation: our phone number is (561) 686-3400 and our email address is info@sswlawfl.com.

At Slinkman, Slinkman, & Wynne, we know that automobile accidents involving children happen. We help our clients obtain payment to cover hospital and other medical expenses, pain and suffering, and more, if the situation warrants it. If you want to learn more about how we can help you in a situation where someone you love has been in an accident, then go to this page on our website: http://sswlawfl.com/areas-of-practice/accidents-serious-injury/. We also specialize in Wrongful Death & Serious Injury, Medical Malpractice, Slip and Fall, Defective Products, Motorcycle accidents, Boating accidents and many other types of legal situations where injury or death has occurred.

Whether you are in Palm Beach Gardens, Jupiter, Stuart, West Palm Beach or any other city in the state of Florida, you need to find and hire a law firm that has the level of knowledge and experience that will get you the financial results you deserve, while also working with you throughout your case until some type of resolution has been reached. With over four decades of experience, that firm is Slinkman, Slinkman, & Wynne, where we have been devoted to protecting south Florida families for over 40 years.

Should you bring a lawsuit against the creators of “Pokemon GO” if you get hurt playing? You probably will lose – here’s why

Terms of Service Conditions Rule Policy Regulation Concept
Terms of Service Conditions Rule Policy Regulation Concept

There seems to be a new story almost daily of someone getting in a car accident or injured in some way while playing the new game Pokemon GO on their phone. The game causes people to get distracted, resulting in falls, car accidents (yes, people are playing while driving) and even muggings. But what if you are hurt while playing Pokemon GO? Can you sue the creator of the app and get a financial settlement for helping to cause your injuries?

The answer is: most likely No. Why? The answer lies within the terms of agreement that you agreed to right before you start the process of actually downloading the game app to your cellphone. Included in that rather lengthy document are terms that specifically protects the app’s creator from you suing them.

Here are the sections of the Pokemon GO “Terms of Service” that relate specifically to what you are agreeing to that limit the company’s liability in case you are injured playing the app.

  1. Safe Play
    1. You play the game at your own risk. If you get hurt or hurt someone while playing, the company is not liable. An dispute you have with any other player does not involve the company, either.
  2. Conduct, General Prohibitions and Niantic’s Enforcement Rights
    1. A lengthy section that describes in detail the many things you can do to break the service terms and be banned by the company.
  3. Links to Third Party Websites or Resources
    1. You assume responsibility and risk from using any third party websites or resources while playing the game.
  4. Termination
    1. Niantic can terminate your access to the service at any time, without notice or warning to you.
  5. Disclaimer of Warranties
    1. There is no warranty of any kind.
  6. Indemnity
    1. You hold Niantic and everyone else connected to the game harmless for anything that may happen to you while playing the game.
  7. Limitation of Liability
    1. It is not Niantic’s fault if you lose data or money as a result of playing. At most, the company limits liability up to but not exceeding $1,000.
  8. Dispute Resolution
    1. If you have issue with any of these terms you agree to an independent arbitrator to settle any dispute. You agree not to join in a class action lawsuit and you also agree to go to waive your right to have a trial by jury.

According to consumerist.com, you can opt out of the “Terms of Service” agreement by sending a message directly to Niantic within 30 days of downloading the game. Instructions on how to do so are contained within the following article: https://consumerist.com/2016/07/14/pokemon-go-strips-users-of-their-legal-rights-heres-how-to-opt-out/

But be aware of the fact that Niantic can (and probably will) terminate you from playing the game. This is a fascinating topic that brings up an important facet of the law here in Florida, and the United States. Understanding what rights you could be signing away when you agree to a “Terms of Service” contract.

If you are injured due to the negligence of another person in Florida, you may have a right to bring a claim for various damages and injuries incurred. Call us at Slinkman, Slinkman & Wynne, P.A. We offer a free initial consultation, and our phone number is (561) 686-3400. Our main office is located in Jupiter, Florida. We have been devoted to protecting South Florida families for over 40 years.

If you want to learn more about how we can help you in a situation where someone you love has been in an accident or some other mishap caused by someone playing Pokemon GO or distracted in some other way while driving, then go to this page on our website: http://www.sswlawfl.com/areas-of-practice/wrongful-death/. We also specialize in Slip and Fall accidents, Wrongful Death & Serious Injury, Medical Malpractice, Defective Products, and many other types of legal situations where injury or death has occurred.

Pokemon Go – a lot of fun for many, but quite dangerous for others here in Florida

Pokemon Go
California, United State, 15 July 2016 : Pokmon Go is a free-to-play location based augmented reality mobile game developed by Niantic and published by The Pokmon Company as part of the Pokmon franchise. A man driving while playing Pokemon Go indicati

Since its release 4 weeks ago, the Pokémon Go App has taken our country by storm. Downloads of the app broke records after its first week, and have continued since (according to Apple). By mid -July estimates were that the app was generating $1.6 million in revenue PER DAY, a number also sure to continue a meteoric rise. There is no doubt that Pokémon Go has been very positive (and lucrative) for everyone involved in its release.

Unfortunately, we are also seeing that there is a definitive and quickly growing downside to playing Pokémon Go. For anyone who does not already know, Pokémon Go is a free-to-play, location-based augmented reality game developed and published by Niantic for iOS and Android devices. It was initially released in selected countries, including the U.S., just last month. (https://en.wikipedia.org/wiki/Pok%C3%A9mon_Go)

Accidents, even deaths, have now been directly linked to the playing of this game. The danger is real enough that police departments across the country, including in Florida, have been issuing warning lists against playing “Pokemon Go”. The dangers include:

  • Do not use the application when you are operating a motor vehicle or bicycle
    • Distracted driving already causes thousands of accidents, injuries and deaths in our country each year. Unfortunately this app is going to only add to those numbers.
  • Do not trespass on private property when trying to “catch” a Pokemon
    • Or you will get arrested. Or worse
  • Be aware of your surroundings when walking and do not stare down at your phone not knowing hazards around you, like roadways, drop-offs, waterways, etc.
    • Stories of people breaking their ankles, legs and arms are coming in from all over the country already.
  • Use caution when sharing your location as strangers can see your location information
    • Other stories talk of people getting robbed while playing the game.
  • Travel in groups in public/well lit locations
    • Another warning of common sense. You do not want to go to certain places, particularly at night. Doing so while playing on your cellphone does not make any more sense than it does to do it for any other reason

To read this story in its entirety, go to:

http://www.techinsider.io/first-car-crash-caused-by-pokemon-go-2016-7

We will continue to share information and stories related to issues that arise from the growing craze that is the Pokemon Go App. At Slinkman, Slinkman & Wynne, P.A. we believe if we can help save one life, stop one accident, it will be more than worth it.

If you are injured in an accident because the other driver was distracted playing Pokemon Go, you may have a right to bring a claim for various damages, injuries incurred, lost wages and more. Call us at Slinkman, Slinkman & Wynne, P.A. We offer a free initial consultation, and our phone number is (561) 686-3400. Our main office is located in Jupiter, Florida. We have been devoted to protecting South Florida families for over 40 years.

If you want to learn more about how we can help you in a situation where someone you love has been in an automobile accident involving Pokemon Go or other distracted driving, then go to this page on our website: http://www.sswlawfl.com/areas-of-practice/auto-accident/. We also specialize in Slip and Fall accidents, Wrongful Death & Serious Injury, Medical Malpractice, Defective Products, and many other types of legal situations where injury or death has occurred.