Nicoletti Law Blog

Legal News & Articles

6 of the 10 Most Dangerous Highways in America Are Right Here in Florida

6 of the 10 Most Dangerous Highways in America Are Right Here in Florida
Florida is often a dangerous place for everyone on the road. Whether you are a driver, passenger, motorcycle rider, bicyclist, or pedestrian, you face the risk of injury every time you get on the roads. Unfortunately, some of the most dangerous roadways in the country are right here in Florida. Injury victims should hold negligent drivers accountable for the injuries they cause when accidents and serious injuries occur. Doing so not only protects your right to receive compensation for your injuries and losses, but it also helps make the roads of Florida safer for all road users. Legal claims, the time and expense...
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10 Reasons Why You Should Not Text While Driving

10 Reasons Why You Should Not Text While Driving
Distracted driving has become a major public health risk across the United States. With the popularity of smartphones and other devices, rivers now have more temptation than ever to take their eyes off the road. In addition to the food and drink, children, pets, passengers, and other common distractors that have always been present, drivers are now distracted by smartphones, navigation programs, and in-vehicle entertainment systems. These distractors have led to a plague of distracted driving. In fact, it is such a problem that the National Highway Traffic Safety Administration (NHTSA), the Centers for Disease Control and Prevention (CDC), and other federal agencies...
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Can I Recover Damages for Whiplash After a Car Accident?

Can I Recover Damages for Whiplash After a Car Accident?
Can I Recover Damages for Whiplash After a Car Accident? If you were struck by a drunk, distracted, or otherwise reckless driver and your neck has been hurting ever since, you might have sustained whiplash in the impact. A soft tissue injury, whiplash is caused by a violent jerking of the head and neck, which frequently occurs during motor-vehicle collisions.  Characterized by damaged muscles, tendons, and ligaments in the neck and shoulders, whiplash can cause debilitating pain and immobilizing stiffness. Other symptoms include headaches that start at the base of the skull and numbness or tingling in the arms. Fatigue, dizziness, blurred vision,...
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Who Might Be Liable for a Bus Accident?

Who Might Be Liable for a Bus Accident?
Who Might Be Liable for a Bus Accident? If you were hurt in a bus accident, you may be entitled to compensation for your medical bills, lost wages, and other associated damages. Before you can recover a payout, though, you will have to determine—and then prove—liability. There are a number of parties that could be responsible for a bus accident, and the direction in which you take your claim will ultimately depend on the facts of the case. Generally speaking, though, you may have grounds for a claim against at least one of the following parties: The Transportation Company  If the bus was...
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Will My Personal Injury Case Go to Trial?

Will My Personal Injury Case Go to Trial?
Will My Personal Injury Case Go to Trial? If you were seriously hurt because another party failed to act with reasonable care—or intentionally set out to harm you—it may be possible to obtain monetary damages by filing a personal injury claim. With so much on your plate, though, you may be concerned about having to go to trial. Thankfully, most personal injury cases are resolved without going to court. If you have strong evidence to support your case and you follow the advice of your medical providers and legal team, there’s a good chance the opposing party will be cooperative when it comes...
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When Are Punitive Damages Awarded in Florida Personal Injury Cases?

When Are Punitive Damages Awarded in Florida Personal Injury Cases?
If you were seriously hurt through no fault of your own, you may be entitled to compensatory damages. These include the economic and non-economic damages arising from the tort such as medical bills, lost income, property repairs, and pain and suffering. In some cases, it is also possible to collect punitive damages. In the state of Florida, punitive damages may be awarded if the defendant’s behavior constituted intentional misconduct or gross negligence. Intentional misconduct is exhibited when a person knows that their behavior exposes other people to a higher risk of injury or death but overlooks the dangers and acts anyway. Gross negligence...
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What Can I Do to Strengthen My Personal Injury Claim?

What Can I Do to Strengthen My Personal Injury Claim?
Sustaining unanticipated injuries is enough to threaten most people’s financial security. Thankfully, those who are hurt at the hands of someone else typically have legal recourse. If you’re struggling to make ends meet following an accident, you may be able to recover monetary damages by filing a personal injury claim. To give your case the best chance of success, there are certain steps you should take from day one. They include: Seek Prompt Medical Care   If you were not transported to a medical facility directly from the scene, you should visit a doctor as soon as possible. Failing to seek prompt care could...
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Can I File a Bicycle Accident Claim If I Wasn’t Wearing a Helmet?

Can I File a Bicycle Accident Claim If I Wasn’t Wearing a Helmet?
If you were struck by a drunk, distracted, or otherwise reckless motorist while cycling, you may be thinking about taking legal action. After all, the damages resulting from unanticipated injuries can add up fast.  If you weren’t wearing a helmet when the accident occurred, though, you’re probably wondering whether you’re even entitled to pursue compensation. Thankfully, failure to wear a helmet does not bar you from filing a personal injury claim. It could, however, influence the outcome of the proceedings. Here’s how: If You Sustained a Head Injury  If you file a third-party insurance claim, you will only be able to obtain compensation...
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Who Can File a Wrongful Death Lawsuit in Florida?

Who Can File a Wrongful Death Lawsuit in Florida?
Who Can File a Wrongful Death Lawsuit in Florida? If your loved one died due to the negligence or intentional wrongdoing of another party, your family may be entitled to compensation for funeral and burial costs, loss of financial contributions the deceased would have provided, and other damages. For your claim to be successful, you will have to prove liability, causation, and damages. You will also have to follow strict legal proceedings.    For example, you will have to identify the personal representative of the deceased’s estate before bringing the action. In Florida, wrongful death lawsuits can only be brought by the personal representative. ...
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Accident During Summer Vacation? 5 Reasons to Hire A Florida Personal Injury Attorney

Accident During Summer Vacation? 5 Reasons to Hire A Florida Personal Injury Attorney
It’s that time of year. School is out and it’s time for that vacation you have been waiting for with your family. Maybe you and your family are visiting one of Florida’s famous beaches. You could be heading to one of the many theme parks such as Universal Studios, Islands of Adventure, Busch Gardens or, the infamous Disney. You could be visiting relatives as well. But sadly, due to the negligence of another, an auto accident has occurred. You and the members of your party have been injured and the medical bills are starting to mount up. You may not be from Florida,...
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