Slinkman, Slinkman & Wynne explains: the important concept of “Comparative Fault” in Slip & Fall cases in Florida

Comparative Fault in Florida

Slip & Fall accidents are a commonplace occurrence here in Florida. At Slinkman, Slinkman & Wynne, P.A. when we first sit down with you, our perspective client, during our free consultation we try to get as clear a picture as to what happened during your Slip and Fall incident as possible. One of the most important reasons is that we start to look at the “comparative fault” involved in your incident.

 

In Florida law the statutes that pertain to Slip and Fall accidents in which an injury has occurred state clearly that more than one person or entity can be held at fault, if applicable. This is referred to as “Comparative fault”. Florida operates under what is known as a pure comparative negligence standard. This standard leads the court to assign a percentage of fault to both the defendant and the plaintiff in civil cases here in Florida. Here is how it works:

 

For example: if you are involved in a Slip and Fall accident here in Florida, and the person or entity you are trying to hold liable for the incident can prove that you are either partly to blame for the accident OR making your injuries worse, the courts here are obligated to follow this comparative fault rule. Therefore, if your damages add up to $50,000 but you are found to be 20% at fault, your compensation will be reduced by $10,000 to only $40,000 (reduction of 20% of $50,000). Be prepared for the defendant’s lawyers to raise this “Comparative fault” rule during any settlement talks.

 

If you or someone you care about gets injured in a Slip and fall accident or you simply have a question about a personal injury incident, please call us at Slinkman, Slinkman & Wynne, P.A. As mentioned earlier we offer a free initial consultation, and our phone number is (561) 686-3400, or you can fill out our easy to access and use Case Review Form at http://www.sswlawfl.com/.

 

At Slinkman, Slinkman, & Wynne, we understand that Slip and fall accidents happen all the time. If you fall because of the negligence of the property’s owner, then you need to contact us right away. 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, Automobile Accidents, Motorcycle Accidents, Boating Accidents, 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. At Slinkman, Slinkman, & Wynne we have been devoted to protecting south Florida families for over 40 years.

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Automobile accidents in U.S. in 2016 rise to their highest level since in 2007: 2-year increase most in over 50 years

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Different year, even worse results. Sadly.

 

In its annual report released last week, the National Safety Council announced that lower gas prices and distractions while driving (texting and drunk driving chief among them) helped lead to another significant rise in fatal auto accidents throughout the United States in 2016.

 

In the report released last Wednesday, the National Safety Council said that approximately 40,200 motor vehicle deaths occurred from January through December of 2016 – an increase of 6% from the same period in 2015, and 14% over the two years since 2014, the largest 2-year jump in over 50 years.

 

As we here at Slinkman, Slinkman & Wynne, P.A. we have been saying for over 40 years, even one death from an automobile accident is too many. Unfortunately, too many of our fellow Floridians and Americans just do not seem to be getting message – stop texting while driving, and using drugs or alcohol before getting behind the wheel of an automobile. You are putting your own life, and the lives of everyone around you in serious danger.

 

As Deborah A.P. Hersman, president and CEO of the National Safety Council asked in her statement, “Why are we ok with this?”

 

“Complacency is killing us.”

 

Safety advocates point to the continuing rise in the number of deaths as a percentage of miles driven as proof that distracted driving – particularly texting and drug and alcohol use – as proof that too many people take the danger of driving for granted.

 

To read the entire article regarding the National Safety Council’s press release, go to: https://www.nytimes.com/2017/02/15/business/highway-traffic-safety.html?_r=0

 

If you are injured in an auto accident because the other driver was impaired by drugs or alcohol, or distracted by texting while driving or some other cause, 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.

 

At Slinkman, Slinkman, & Wynne, we know that motor vehicle accidents are happening at an increased rate. If you are in an accident because of the willful negligence of another driver then you need to contact us right away. 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 auto accident, 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, Motorcycle Accidents, Boating Accidents and many other types of legal situations where injury or death has occurred.

President Trump nominated Circuit Court Judge Neil Gorsuch to be the next U.S. Supreme Court Justice. What could the effects be on personal injury (tort) law in the future?

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The views of Judge Neil Gorsuch, President Donald Trump’s nominee to the open seat on the United States Supreme Court, are so far falling strongly upon party lines. The Republicans are trumpeting Judge Gorsuch’s record, experience and education while the Democrats are saying that he does not have the experience needed to fill the empty seat left in the wake of Justice Antonin Scalia’s passing last February. The Democrats are also saying that the Judge is too conservative, using his briefs in the few cases he has had published as proof that he is ultra conservative and a potential threat to a number of Liberal causes, including Roe vs. Wade and universal healthcare.

 

Furthermore, the Democratic leadership in the Senate has verbalized its belief that this seat has been “stolen” by the Republicans for not allowing President Obama’s attempt to appoint Judge Merrick Garland to the U.S. Supreme Court upon Justice Scalia’s death a year ago. There is little doubt that leading Democrats will push Judge Gorsuch very hard during his vetting hearing.

 

What does all this mean for you? Not all that much – yet. Even if Judge Gorsuch is able to win the nomination through the vote in the U.S. Senate after his vetting process (no sure thing at this time), he is still in effect replacing a Judge cut from a very similar conservative cloth. So, in effect the balance of the United State Supreme Court will be the same as it was when Judge Scalia occupied that seat.

 

As we mentioned in our recent blog regarding this open Supreme Court seat before we even knew that Judge Gorsuch would be President Trump’s nominee, replacing Justice Scalia with a Judge who is similarly conservative will keep the balance between liberal and conservative judges on the Supreme Court the same as before. The real effect on that balance will come if one of the liberal Justices, such as Justice Ginsberg or Justice Kennedy, step aside or die during Donald Trump’s presidency.

 

Adding one more conservative judge to the Supreme Court in addition to Judge Gorsuch could have a significant effect on that current balance. That could cause the court to take on a much more conservative tone moving forward. That is the time we all have to watch for.

 

At Slinkman, Slinkman & Wynne P.A. we believe it is important for all Jupiter, Palm Beach Gardens, West Palm Beach, Tequesta, Stuart and all south Florida families to discuss the effect that changes in the makeup of our nation’s Supreme Court could have on future legal cases.

 

If you or someone you love have been in an accident, suffered from medical malpractice or been injured or killed from a slip and fall accident or defective product 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 a satisfactory resolution has been reached.

 

With over four decades of experience, that firm in south Florida is Slinkman, Slinkman, & Wynne. Contact us directly at (561) 686-3400, or via email at info@sswlawfl.com. We offer a free initial consultation to review your case.

What changes in federal “personal injury” law could result from Donald Trump’s surprise victory combined with a Republican-controlled Congress

Almost three weeks have passed since Donald Trump surprisingly won enough electoral college votes to become the President-elect. In addition, the Republicans were able to keep control over both the United States House of Representatives and the U.S. Senate. As a result, a number of our clients, perspective clients and business partners have asked us what the effects could be on potential personal injury and malpractice victims in the future here in Palm Beach County and the Treasure Coast.

 

First of all, it is important to keep in mind that the majority of personal injury cases are governed by either local or state law, including automobile accidents, motorcycle accidents, boating accidents, slip and fall cases (under state premises law) and most malpractice cases. So much of what we have experienced in cases here in south Florida over the last 5 to 10 years will remain largely the same.

 

The potential change that we will watch for is in regards to “Tort Reform”. Many Republicans have stated over the last decade or so that they would push for federal Tort Reform, thereby restricting the rights of injured parties. In fact, a Tort Reform bill known as The Fairness in Class Action Litigation and Furthering Asbestos Claim Transparency Act of 2016 passed the U.S. House of Representatives earlier this year before it got gridlocked in the Senate.

 

With Republican President Donald Trump combined with a Republican-controlled Congress and Trump’s ability to appoint at least one “conservative” judge to the Supreme Court thereby giving the Judiciary Branch a conservative majority as well, it could well present a perfect storm leading to Tort Reform with monetary damage caps and other laws and decisions that will hurt the injured.

 

We believe that all Americans need to keep a close watch on what bills get proposed over the next 2 years in Congress – and be willing to voice your opinion if there is a bill that goes against the protection of the rights of your fellow Americans when they have been wrongfully injured or killed.

 

At Slinkman, Slinkman, & Wynne, P.A. we realize that the combination of a Republican President and Republican-controlled Congress 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, Slip and Fall, 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.

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

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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.

Boating and Jet skiing accidents increase in Florida in 2015

Jet skiing is one of the most popular shoreline activities to do here in Florida. Flying along across the waves can be incredibly fun and exhilarating – and also quite dangerous. The uneven, rocky shoreline in many areas, combined with our notorious rip currents (currents that flow away from shore) can cause problems for even the most experienced of jet skiers in our area.

 

This now-famous video posted on YouTube captures a jet ski crash that occurred along the Newport Beach, California coastline in June. Although this happened in California, jet ski accidents like this can and do happen here in Florida, as well.

In fact, according to the Florida Fish and Wildlife Conservation Commission,  Florida had 737 boating accidents in total in 2015, which includes jet ski and wave runner accidents. That is 103 more accidents as compared to 2014, however, there was a 25 percent decrease in fatalities. A total of 55 people lost their lives last year in boating accidents.

To read the entire news release related to last year’s boating accidents from May 18th, go to http://myfwc.com/news/news-releases/2016/may/18/boating-stats/

Our Board Certified lawyers from Slinkman, Slinkman, & Wynne, P.A. are the right lawyers to get you the best legal advice based upon your unique set of circumstances when you have been involved in a boating, jet ski or wave runner accident.  We have more than 40 years of experience specializing in protecting families here in Jupiter, Palm Beach Gardens, West Palm Beach, Stuart and throughout Florida. We make sure to ask the right questions of all companies and interested parties in your case.

If you or someone you know is involved in a boating accident or almost any other marine legal issue, contact us at Slinkman, Slinkman & Wynne. We offer a free initial consultation, and we will try to help you through this very difficult and emotional time. Our phone number is (561) 686-3400. Or go to our website at http://www.sswlawfl.com.

At Slinkman, Slinkman, & Wynne, we know that boating, jet ski and wave runner accidents unfortunately happen all the time. We help our clients and their children obtain payment to cover hospital and other medical expenses, pain and suffering, and more, if the situation warrants it. We also specialize in Slip and Fall accidents, Automobile accidents, motorcycle accidents, Wrongful Death & Serious Injury, Medical Malpractice, Defective Products, and many other types of legal situations where injury or death has occurred. We represent clients anywhere in the state of Florida.

How to spot a drunk driver in Jupiter and Palm Beach Gardens

Summer is here which also means the summer driving season is here. Many families pack up their belongings and the children and head to points all over the United States to visit friends and relatives. Of course there are also 3 major holidays that happen during this time, as well. Memorial Day has come and gone, while Independence Day is only a few weeks away with Labor Day to follow at the beginning of September.

Statistics tell us that the incidence of drunk driving rises significantly on and around these holidays. In fact, July 4th and Labor Day turn out to be two of the three or four days with the most drunk driving deaths in America every year, according to yearly surveys by the National Highway Traffic Safety Administration (NHTSA).

With that in mind here are ways for you to spot a drunk driver out on the road during this time, and any time. Spotting a drunk driver in enough time to get away may just save your life, and the life of your family.

From MADD: “While we work hard to turn cars into the cure and eliminate drunk driving forever, families must continue to be vigilant on our roadways.  You can help protect your family from drunk drivers by looking for these signs of intoxication among other motorists.” This full list is shared directly from the Mothers Against Drunk Driving (MADD) website:

  1. Quick acceleration or deceleration
  2. Tailgating
  3. Weaving or zig-zagging across the road
  4. Driving anywhere other than on a road designated for vehicles
  5. Almost striking an object, curb, or vehicle
  6. Stopping without cause or erratic braking
  7. Drifting in and out of traffic lanes
  8. Signaling that is inconsistent with driving actions
  9. Slow response to traffic signals (e.g. sudden stop or delayed start)
  10. Straddling the center lane marker
  11. Driving with headlights off at night
  12. Swerving
  13. Driving slower than 10 mph below the speed limit
  14. Turning abruptly or illegally
  15. Driving into opposing traffic on the wrong side of the road

To read more, please go to: http://www.madd.org/drunk-driving/how-you-can-help/how-to-spot-a-drunk-driver.html?referrer=https://www.google.com.ph/

Unfortunately, there can be occasion where no matter what you do you can not avoid getting into an accident with a drunk driver, or another automobile driver. If you or someone you know is injured or dies as a result of an auto accident caused by a drunk driver, or someone else’s negligence, contact us at Slinkman, Slinkman & Wynne, P.A. immediately. We offer a free initial consultation, and we will try to help you through this very difficult and emotional time. Our phone number is (561) 686-3400.

At Slinkman, Slinkman, & Wynne, we know that automobile accidents involving drunk drivers happen, particular over the holidays. 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 auto accident, 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, Boating Accidents, Motorcycle Accidents, Defective Products, and many other types of legal situations where injury or death has occurred. We have worked to protect families in Jupiter, Palm Beach Gardens, Stuart, West Palm Beach, and throughout south Florida for over 40 years, and we look forward to helping you!