
If you suffered from pre-existing conditions before your accident, you might be concerned that an insurance company will treat you unfairly if you submit a claim.
In Florida, accident victims are entitled to compensation regardless of any prior illnesses, injuries, or medical problems. You may fight for a complete financial recovery with the aid of the Florida automobile accident attorneys at Nooney, Roberts, Hewett & Nowicki.
How Can a Personal Injury Lawyer in Jacksonville Assist Me in Seeking Compensation For Pre-Existing Conditions?
Accidents may easily make pre-existing problems worse. Expect the insurance provider to attempt to use your health against you, though. They will argue that they are not accountable for paying for a health issue that existed before the automobile accident.
Unfortunately, automobile accidents frequently make pre-existing problems worse. As a result, the value of your insurance claim is likely to increase, which greatly incentivizes the insurance provider to find a means to reject or lower your payment.
These kinds of strategies are not permitted by the law. If your pre-existing condition worsened, you could be entitled to compensation.
At Nooney, Roberts, Hewett & Nowicki, our accomplished personal injury attorneys can fight to obtain full compensation for all of your losses, including those resulting from specific pre-existing illnesses.
Want to know more? Please call us; your initial consultation is always free.
Which Injuries are Included in the Term "Pre-Existing"?
A pre-existing condition is an illness or injury that affects the same body part hurt in the collision when it comes to vehicle accident claims.
Even if you have the right to be "made whole" again following a car accident, pre-existing conditions might make things more difficult. Only the harm they create is the responsibility of the at-fault parties. They are not liable for harm they had nothing to do with if you were wounded before the accident.
If, however, your condition was stable at the time of the event, but the accident worsened it, you may be entitled to compensation. In other words, you are entitled to compensation for the greater
suffering, additional medical costs, and other losses you would not have suffered if the accident hadn't happened.
Following are some instances of pre-existing conditions that are frequently made worse in car accidents:
Pre-existing condition cases can get complicated very rapidly.
The "Eggshell Skull Doctrine" Is Applied in Florida
A legal principle known as the "eggshell skull" holds culpable parties liable even for unanticipated harm. According to the eggshell concept, careless people choose their victims at random. After an automobile accident, anyone—even an "eggshell plaintiff"—can submit a claim and obtain compensation.
Compare two victims of accidents. One is a man, age 25, and the other is a male, age 95. Assume that the identical set of conditions led to a rear-end accident for each participant. The 25-year-old only sustained minor cuts and bruises. The 95-year-old man spent three weeks in the hospital after suffering severe chest injuries and a heart problem.
Each collision's entire amount of the victim's injuries is the driver's culpability. Even though the driver couldn't have known that someone in the other car had a cardiac issue, it is still accurate. The fact that the 25-year-old was unharmed after the same collision is not a defense.
However, you must demonstrate that your pre-existing condition was stable at the time of the accident. You are not entitled to reimbursement for the medical care you would have required in the absence of the auto accident.
After a Crash, Should I Disclose My Pre-Existing Condition?
A pre-existing condition you are attempting to conceal might hurt your claim. The insurance company will probably learn a lot about your past when they conduct their investigation. Your injury claim might suffer if you omit to reveal something important.
On the other hand, you don't want to divulge too much information to the insurance company. All of your medical records don't have to be made available to them.
The best course of action is to first tell your personal injury attorney about any existing medical conditions. The insurance company can then get any pertinent information from our attorneys.
If I Feel Okay After a Car Accident, Do I Need Medical Attention?
Always go to the hospital right away following an automobile accident. If you have a history of medical issues, this is even more important.
You must get medical attention within 14 days of the collision in accordance with Florida's nofault auto insurance rules. Going straight to the hospital or other medical facility is highly suggested.
The insurance provider already has the means to reduce the value of your claim if you have a preexisting condition. The insurance company may argue that your injuries were worse because of anything else if there was a delay between the event and your treatment.
You have the option of seeing the physician who has been managing your problem. This doctor can offer proof that your condition was stable before the accident. Your doctor's expert evidence may also make it more clear that the accident worsened your pre-existing ailment.
Is My Right to Compensation Affected by the Florida Statute of Limitations?
The Florida statute of limitations generally mandates that accident victims file a personal injury lawsuit within four years of the accident's date of occurrence. There may be exceptions to the norm, but there is no assurance that they will apply to your particular situation.
It is advisable to contact a vehicle accident attorney straight away if you want to protect your right to compensation. We'll make sure you are aware of the timelines that are relevant to your situation.
What Effect Will a Pre-Existing Condition Have on My Right To Damages After a Vehicle Accident?
The fact that you had a pre-existing condition wasn't your responsibility. You shouldn't be forced to pay the cost if someone else causes a car accident and your health worsens. Your existing medical condition only complicates the insurance claims procedure.
For the losses and medical expenses you would have incurred even without the accident, you are not entitled to compensation. You are not eligible for reimbursement for your blood pressure medications once you have recovered if you were taking them before to the incident and needed surgery as a result of the crash.
It may be difficult to tell what medical care you required before and after the accident. Our professionals and experts can be helpful in this situation.
We'll make use of our resources to get restitution for damages brought on by the worsening of your condition. That might incorporate:
Insurance providers will make every effort to benefit from your pre-existing condition. They also possess the financial means necessary to investigate your background.
Get More Information About Your Right to Compensation For Pre-Existing Injuries After
A Car Accident By Calling Our Jacksonville Attorneys
In general, if an automobile accident worsened a pre-existing condition, you are entitled to financial compensation. In these intricate instances, a skilled personal injury attorney may make all the difference.
Contact Nooney, Roberts, Hewett & Nowicki Today!
The attorneys at Nooney, Roberts, Hewett & Nowicki have decades of combined experience fighting for victims of vehicle accidents. As a passionate firm, we fight for the compensation you rightfully deserve. Our expert legal team can help you along this complicated and intricate process.
Call us at (904) 398-1992 or fill out a quick form to schedule a free initial consultation with our aggressive vehicle accident attorneys! ¡Hablamos español! We serve clients throughout Florida, including, but not limited to, those in the following localities: Duval County including Atlantic Beach, Jacksonville, and Jacksonville Beach; Hillsborough County including Brandon, Riverview, and Tampa; Leon County including Tallahassee and Woodville; Orange County including Ocoee, Orlando, and Winter Garden; St. Lucie County including Fort Pierce, Lakewood Park, and Port St. Lucie; and Walton County including DeFuniak Springs, Miramar Beach, and Santa Rosa Beach.
All states have legal statutes that define the specific duty of care owed by a landowner to those
who come onto their property. These laws serve to protect those who fall victim to a property
owner’s negligence by allowing the injured party to pursue compensation for a variety of
damages. This is referred to as premise liability.
The concept of premise liability usually arises in personal injury cases where a person seeks
compensation for injuries and losses caused by a defect or hazardous condition that exists on
someone’s property that resulted in them being injured. Like a personal injury case, proving a
premises liability case is based on negligence.
Examples of Premise Liability Cases
There are a variety of circumstances that can give rise to a premises liability case; for example:
▪ A slippery surface such as a spill in a store
▪ A construction defect, such as exposed electrical wires or a hole in concrete where people
walk
▪ A poorly maintained stairway, such as a broken stair
▪ An unmarked broken handrail in a poorly lit hallway
Some of the most common examples of premises liability cases involve:
▪ Slip and fall accidents
▪ Elevator/escalator accidents
▪ Swimming pool accidents
▪ Snow and ice accident
▪ Accidents caused by faulty, flooring, bad steps, loose handrails, and other instances of
poor maintenance
▪ Negligent security
Most Common Premise Liability Injuries
When property owners fail to make and/or keep their premises safe from hazards, the
consequences for guests and visitors can be serious. Some common types of injuries seen in
premises liability cases include:
▪ Head and brain injuries
▪ Back and neck injuries
▪ Lacerations
▪ Dog Bites
▪ Broken, fractured, or dislocated bones
▪ Foodborne illnesses
If you have been involved in a premises liability accident, get checked out by a medical
professional even if you feel like you are fine. Back and neck injuries are not always perceptible
in the immediate aftermath of an accident and may prove to be significant in the days and weeks
following. Seek medical attention for early diagnosis, then call an experienced premises liability
lawyer to assist you with documenting your injuries and medical expenses and preparing your
case.
Things Needed to be Proven for Recovery in Premise Liability Cases
To have a valid premises liability claim, you must be able to show that the property owner is
somehow responsible for your injuries and damages. In other words, you must show that they
were negligent in their actions or inactions and that this caused you to be hurt. In addition, you
will need to show that the property owner knew or had a reasonable time to discover the defect
or hazard that resulted in your injuries but did not take reasonable steps to address it or warn you
about it.
Premise Liability Negligence
In order to succeed in a premises liability case, you will need to show that the owner’s
negligence caused you to be injured and that if that owner had not been negligent, you would not
have been injured. The elements necessary for negligence to the exits in a premises liability
include:
▪ A reasonable duty of care owed by the property owner, especially in public spaces
▪ A breach of this duty of care
▪ Causation between the property owner’s breach of duty and your injuries
▪ Actual damages
However, while in most cases, the plaintiff in a premises liability accident will need to prove that
the property owner was somehow negligent, there are a few situations where the property owner
can be held strictly liable under the law, regardless of negligence. The most common examples
of this are dog bite cases, where a dog owner may be held strictly liable under the law for any
injuries his or her dog causes, regardless of any attempt to prevent the incident from occurring.
An experienced Florida premises liability lawyer can help you gather the evidence needed to
prove negligence in a premises liability case. Call Nooney, Roberts, Hewett & Nowicki at (904)
398-1992 or fill out a fast and convenient form to schedule a free initial consultation with our
experienced and aggressive premise liability attorneys!
Duty of Care
As it relates to personal injury law, duty of care means that an individual has a legal obligation to
behave in a manner that reasonably ensures the safety or well-being of others. Businesses and
homeowners have a duty to keep their premises free and clear of any defects or hazards that pose
a threat to those who may visit their property and to exercise reasonable care to protect them
from harm.
To determine the specific duty of care a property owner owes under Florida’s premises liability
law and how much legal responsibility they have, visitors are grouped into 3 categories:
▪ Trespassers – people who enter the property illegally or without the property owner’s
consent. A property owner may not be held responsible for the injuries sustained by a
person who was on their property illegally or without consent.
▪ Licensees – people, such as houseguests, who enter the property with the property
owner’s consent, but for their own convenience or purposes. If the homeowner has
knowledge of a hazardous condition in their home and does not warn the visitor, they
may be held legally responsible for any injuries the person suffers as a result.
▪ Invitees – people, like customers in a department store or patrons in a restaurant, who
have been invited to enter the property to transact business with the property owner or for
shared interests. Businesses have a legal duty to keep their premises safe, protect their
customers, and prevent injuries from occurring.
Compensation for Premise Liability Claims
Victims of premises liability accidents can receive monetary compensation to cover the expenses
that arise from the accident and more, including:
▪ The cost of past and future medical care
▪ Past and future lost wages
▪ Compensation for damage to property
▪ Pain and suffering
Always seek the assistance of an experienced premises liability lawyer if you intend to sue the
property owner or negotiate a payout with the insurance company.
Why You Need an Experienced and Aggressive Premise Liability Attorney
If you have been injured in a premises liability accident, it is important that you speak to an
experienced lawyer as early as possible. This is important because there is evidence that must be
preserved and communications that have to be sent to the owner of the property in order to
preserve your right to compensation.
Furthermore, you need a lawyer to appropriately evaluate your case, determine what it is worth,
and identify the types of compensation you are entitled to. You need someone to make sure that
you receive fair compensation for your losses with careful analysis of what occurred on the
premises to prove it was the result of negligence and not a personal fault.
Without a lawyer, you may end up not being fully compensated for your losses because you are
simply unfamiliar with Florida law and can’t prove your case without help from those with legal
expertise. It is therefore crucial that you hire a competent, experienced, and qualified lawyer who
has experience with premise liability cases and has helped many clients receive the
compensation they deserve.
At Nooney, Roberts, Hewett & Nowicki, we have been handling premises liability cases for
years and know how to obtain the best results. In addition to being costly, we understand how
getting injured can make carrying out your daily life and career extremely difficult. With this
understanding, we give each of our clients the individual attention they deserve. You are not a
name or number, but a person who deserves compensation for getting injured when it wasn’t
your fault.
For assistance with your Florida premises liability case call us at (904) 398-1992 or fill out a fast
and convenient form to schedule a free initial consultation with our experienced and aggressive
premise liability lawyers.
MCS-90 is probably something you have never heard of unless you work in a role that involves commercial trucking. This is the true for the vast majority of people, up until the point where they are engaged in an accident with a truck.
Commercial truck drivers are obliged to have insurance coverage, just as other drivers. There is often an add-on endorsement to the insurance policy covering a vehicle that is known as MCS-90. This endorsement is in addition to the standard insurance policy covering the truck.
The Federal Motor Carrier Safety Administration, more commonly referred to as the FMCSA, is in charge of establishing the requirements for this coverage.
In the case of an accident involving a commercial truck, filing an MCS-90 claim is the method through which you would most likely be compensated.
Why do Trucking Companies Use MCS-90?
You might be asking what the big deal is with the MCS-90. After all, isn't it the law that every single motorist needs to have insurance? Although this is true, it is not nearly as easy as it sounds for drivers of commercial trucks.
Insurance is something that is legally needed to be carried by commercial truck drivers. However, there is a possibility that the coverage provided by that policy may not be adequate to pay for the losses that may be incurred as the consequence of an accident involving a commercial truck.
In just the state of Florida alone, there were far over 300,000 registered vehicle accidents in the previous year. A significant number of these mishaps led to either fatalities or injuries of a severe kind. Many featured people who drove commercial trucks.
Extra Protection
There are numerous smaller trucking companies, the most of which do not generate a significant amount of revenue. This is in contrast to the many huge trucking companies. It may be impossible for such businesses to continue operations if they are required to maintain pricey insurance coverage.
The MCS-90 system is the solution to this conundrum. Endorsement is another term for this type of addition that is made to an already existing insurance policy.
With the additional endorsement, commercial vehicles will be able to operate more securely and will have sufficient insurance coverage to pay for any damages that may be incurred in the case of an accident.
What Situations does MCS-90 Apply To?
MCS-90 does not immediately go into effect in the event of every collision involving a semi truck. It is only applicable in certain circumstances, specifically those in which all other possible insurance choices have been used up.
The following conditions absolutely need to be met:
The MCS-90 only applies to intrastate and interstate trucking. If a trucking firm is just operating inside one state, it is highly unlikely that the company will pay for the endorsement because it is not necessary of the company to do so.
The amount of the damages must be more than the primary insurance coverage held by the trucking firm for the additional endorsement to become effective.
Even if the collision fulfills all of the other requirements, the truck driver must still be considered the negligent party.
Because it is designed to safeguard the general public from injuries caused by commercial drivers, the Motor Carrier Safety Act (MCS-90) does not apply to circumstances in which the driver of another vehicle was at fault for the collision.
Last but not least, pursuing compensation through the MCS-90 is only a possibility if you have exhausted all other possibilities. If you pay for a generous full-coverage policy for yourself and your insurance can cover the costs of the accident, for instance, you are required to seek compensation through all other avenues before you can make a claim against the MCS-90 endorsement. This is the case even if your insurance can cover the costs of the accident.
Many drivers just purchase the basic minimum of insurance, which may not fully cover the damages, injuries, medical costs, and lost wages that might occur as a consequence of a hazardous commercial trucking accident. Many drivers simply pay for the bare minimum of insurance. Because of this, MCS-90 was developed.
How Can I Be Compensated?
If you've been hurt in an accident involving a commercial vehicle and you're having difficulties getting compensated for your injuries, your best bet is to get in touch with a lawyer that specializes in representing victims of trucking accidents.
To be eligible for compensation under the MCS-90 endorsement, proper evidence must be supplied to the insurance company to verify that the accident satisfies all of the essential conditions. This can be a challenging process for some people because the insurance company requires this proof.
The endorsement may not apply in many different scenarios; thus, the assistance of a lawyer may be useful in constructing a case for financial reimbursement.
MCS-90 was created to guarantee that victims of transportation accidents had legal options available to them following the crash. You may explore the coverage with the assistance of a legal professional, and they can also assist you in filing a claim.
Contact Nooney, Roberts, Hewett & Nowicki Today!
The attorneys at Nooney, Roberts, Hewett & Nowicki have decades of combined experience fighting for victims of truck accidents. As a passionate firm, we fight for the compensation you rightfully deserve. Our expert legal team can help you along this complicated and intricate process.
Call us at (904) 398-1992 or fill out a quick form to schedule a free initial consultation with our aggressive truck accident attorneys! ¡Hablamos español!
We serve clients throughout Florida, including, but not limited to, those in the following localities: Duval County including Atlantic Beach, Jacksonville, and Jacksonville Beach; Hillsborough County including Brandon, Riverview, and Tampa; Leon County including Tallahassee and Woodville; Orange County including Ocoee, Orlando, and Winter Garden; St. Lucie County including Fort Pierce, Lakewood Park, and Port St. Lucie; and Walton County including DeFuniak Springs, Miramar Beach, and Santa Rosa Beach.
Chronic traumatic encephalopathy is most commonly abbreviated as CTE. The degenerative brain condition known as CTE is the end effect of suffering several injuries to the head.
You might have heard of CTE in relation to football players who sustain several concussions over the course of their careers. However, CTE may affect anybody who has suffered more than one brain trauma, and this is true regardless of the circumstances surrounding the occurrence of the lesions.
The following is an explanation of what chronic traumatic encephalopathy, or CTE, is as well as how this brain illness develops.
CTE Traits and Characteristics
The following are some of the characteristics of CTE:
CTE is not caused by heredity in the same way as Alzheimer's disease, amyotrophic lateral sclerosis (ALS), and Parkinson's disease are. Nor is it caused by any of the other degenerative brain conditions. Instead, it is the consequence of some kind of physical injury to the brain, which then sets off a chain reaction.
The accumulation of tau proteins around the blood vessels in the brain is a direct effect of damage to the brain. Tau proteins will accumulate to a greater degree if the brain is injured repeatedly.
These proteins disrupt the normal blood flow to the brain, which in turn leads to the atrophy of some regions of the brain. These portions of the brain have atrophy, which means they are unable to process or store information in the same manner that healthy brain tissue does.
CTE is a degenerative condition.
After the chain reaction has begun, the brain does not recover or improve in any way. Instead, the state of the brain will continue to deteriorate.
When parts of the brain contract up and die, the tau proteins interfere with the blood flow to the parts of the brain that are still healthy. The damage worsens over time, culminating in the death of brain cells brought on by an inadequate supply of blood. Over the course of one's lifetime, a greater proportion of one's brain will atrophy, which will eventually lead to dementia and death.
CTE Causes a Range of Symptoms
CTE is associated with a variety of symptoms, which arise when different parts of the brain deteriorate and die. These symptoms consist of the following:
Memory loss and trouble focusing are two of the cognitive signs of chronic traumatic encephalopathy (CTE). Patients have difficulty with both the planning and carrying out of tasks. When trying to solve an issue or respond to a question, they might have moments of mental disorientation.
Patients may exhibit behaviors such as aggression and impulsivity. Patients with CTE may exhibit unpredictable and unstable behavior, including violent outbursts. They may exhibit behaviors consistent with paranoia.
A significant number of people with CTE exhibit symptoms of mood disorders such as bipolar disorder. They might develop depression or even suicidal thoughts as a result. They could also turn to substances like alcohol or drugs as a means of coping with their problems.
CTE sufferers might experience tremors. They could have trouble communicating and walking as well. It's possible that they'll experience a loss of dexterity in their fingers and hands.
Diagnosing CTE
Imaging methods are unable to identify CTE in people who are still alive at this time. In order for doctors to diagnose CTE, they need to dissect and weigh the patient's brain. Because of this, CTE can only be diagnosed after a person has passed away.
The brain of a patient who has severe CTE will show obvious signs of shrinking when it is examined by medical professionals. They are also able to locate holes in the tissue of the brain that are caused by the brain's atrophy. Last but not least, the brain of a person who has CTE often weighs much less than a brain that is healthy.
Risk Factors for CTE
The most important risk factor for CTE is having multiple head injuries. Boxers, hockey players, and football players are commonly diagnosed with this condition by medical professionals. People who operate around explosives, such as combat troops, miners, and demolition workers, also have a higher risk of contracting the condition. CTE can also occur in those who have been repeatedly abused as children or in situations of domestic violence.
Importantly, medical professionals think that sustaining several concussions is not necessary to develop CTE. Instead, CTE can develop after a person has sustained several blows to the head, even if none of the blows were severe enough to be classified as concussions.
CTE Prevention
CTE currently has no treatment available. As a direct consequence of this, medical professionals have prioritized the prevention of head injuries.
The following are some techniques to reduce the likelihood that you may get CTE:
Despite your best efforts, there is a possibility that chronic traumatic encephalopathy (CTE) may develop due to faulty safety equipment, pressure from coaches and schools, or inadequate medical advice.
When you have had a head injury in the past and there is a possibility of getting another one, you should always use your best judgment when determining whether or not to take part in an activity that might put you at risk of getting another head injury.
Call Our Florida Brain Injury Attorneys Today!
The attorneys at Nooney, Roberts, Hewett & Nowicki have decades of combined experience fighting for victims of brain injury. As a passionate group of lawyers, we are dedicated to fighting for the compensation you deserve.
Our expert legal team can help you along this complicated and intricate process.
Call us at (904) 398-1992 or fill out a quick form to schedule a free initial consultation with our aggressive brain injury attorneys! ¡Hablamos español!
We serve clients throughout Florida, including, but not limited to, those in the following localities: Duval County including Atlantic Beach, Jacksonville, and Jacksonville Beach; Hillsborough County including Brandon, Riverview, and Tampa; Leon County including Tallahassee and Woodville; Orange County including Ocoee, Orlando, and Winter Garden; St. Lucie County including Fort Pierce, Lakewood Park, and Port St. Lucie; and Walton County including DeFuniak Springs, Miramar Beach, and Santa Rosa Beach.
What you mention during your consultation with a Florida personal injury lawyer is kept private? The majority of personal injury attorneys provide free, private consultations. What, however, precludes the lawyer from sharing information uncovered during the meeting?
What Personal Information is Privileged in a Jacksonville Personal Injury Case?
Information that cannot be disclosed without authorization is privileged information. Privilege is the special legal right, exemption, or immunity granted to a person[1]. In a Florida court case, the following examples of privilege may be relevant:
The Fifth Amendment to the United States Constitution provides rights against self-incrimination. In a criminal court, a person cannot be compelled to testify against himself[3]. "Pleading the Fifth" is a common term for declining to provide testimony that could incriminate you.
For this article’s purpose, we're interested in how Florida personal injury cases may be impacted by the attorney-client privilege.
Personal Injury Case: When Does Attorney-Client Privilege Apply?
Once the attorney-client relationship has been established, your lawyer cannot be forced to provide confidential material pertaining to the case. Similarly, you cannot be forced to testify in court on any privileged information you gave your attorney.
There are, however, criteria for privilege:
While a third person is present, you need to use caution when providing information. In most cases, privilege does not apply when there is another person in the room who hears the information.
Are Free Consultations Considered Privileged?
There is some controversy over when the attorney-client relationship is covered by the privilege. Attorney-client privilege is applicable if you hire a lawyer and sign a retainer agreement.
Unless it falls within a few specific circumstances, whatever you communicate to your attorney in confidence should stay confidential.
When you meet with a personal injury lawyer for a free consultation, you haven't actually hired them. At that time, there is no attorney-client relationship. Are the details you share during the free consultation truly private and confidential?
You don't need to retain a lawyer for the information to be considered privileged as aforementioned. The rules merely specify that the discussion and disclosure must be done to get legal counsel.
Therefore, a court would probably conclude that the information you gave during the meeting came within the attorney-client privilege if you met with an injury lawyer to explore your legal options for bringing a vehicle accident case.
Instances When Attorney-Client Privilege is Waived
Most of the time, discovery requests cannot be used to get privileged information. Depositions, interrogatories, and requests for production are all examples of discovery requests. As a result, neither the defendant nor his or her lawyer can be ordered to disclose the information in court.
The attorney-client privilege, however, may not always apply or may even be waived in some circumstances.
A client can first willingly relinquish the attorney-client privilege. If the client agreed, the lawyer would be free to disclose the information.
It could be required to waive privilege in order for the lawyer to defend a legal claim or negotiate a settlement.
In other instances, privilege is not applicable because the information is not protected by law or policy. There are a number of circumstances, including but not restricted to:
When there is probable cause that privilege is being exploited to hide terrorism, law enforcement officers monitor communications between attorneys and inmates.
It is possible for certain information about a subject to fall under the category of privileged information while other information does not. For instance, even though a client and his attorney's private conversation is protected, the date and time of their meeting might not be.
Why You Can Trust Your Matters Disclosed with Nooney, Roberts, Hewett & Nowicki
You should disclose to your lawyer all information pertaining to your injury case until the attorneyclient privilege is established in the relationship. The attorney-client privilege has the advantage of allowing you and your lawyer to communicate openly. There is no need for you to worry that the information will be shared with a third party.
Withholding information from your attorney concerning your injury claim might be detrimental to your case. For instance, if you previously were hurt or were involved in an accident, don't lie about it to prevent the opposing party from raising the issue of a pre-existing condition.
Instead, inform your attorney right away. If your attorney is aware of the situation, they can devise a plan of action for managing it.
During a deposition or trial is the last place you want your lawyer to find out about detrimental facts you withheld. Then, it could be too late to make any changes, or your options for solving the case can be quite restricted.
Contact Nooney, Roberts, Hewett & Nowicki Today!
The attorneys at Nooney, Roberts, Hewett & Nowicki have decades of combined experience fighting for victims of brain injuries. As a passionate firm, we fight for the compensation you rightfully deserve. Our expert legal team can help you along this complicated and intricate process.
Call us at (904) 398-1992 or fill out a quick form to schedule a free initial consultation with our aggressive negligent security attorneys! ¡Hablamos español! We serve clients throughout Florida, including, but not limited to, those in the following localities: Duval County including Atlantic Beach, Jacksonville, and Jacksonville Beach; Hillsborough County including Brandon, Riverview, and Tampa; Leon County including Tallahassee and Woodville; Orange County including Ocoee, Orlando, and Winter Garden; St. Lucie County including Fort Pierce, Lakewood Park, and Port St. Lucie; and Walton County including DeFuniak Springs, Miramar Beach, and Santa Rosa Beach.
[1] Privilege, Black’s Law Dictionary (9th ed. 2009).
[2] Attorney-Client Privilege, Black’s Law Dictionary (9th ed. 2009).
[3] U.S. CONST. amend. V.
Have you been injured in a vehicle accident, slip and fall accident, or similar event? These kinds of incidents might leave you with financial burdens including medical expenses, lost wages, and other associated difficulties. In many of these cases, you have the option of seeking compensation for your losses.
How you go about pursuing compensation is going to be determined by a number of different circumstances.
For instance, if you were involved in a vehicle accident in Florida, the first step in the process of seeking compensation for your injuries would be to file a claim with your own auto insurance company because Florida is a no-fault state. Even if another person was at fault for the accident, you are still required to seek compensation from your own insurer.
However, if your injuries are severe enough, you may be able to seek further compensation by submitting a claim to or filing a lawsuit against the insurance company of the motorist who was at fault for the accident.
It’s possible that an accident at work left you with injuries. You have the option of submitting a claim with the workers' compensation provider that your employer uses to obtain compensation for your injuries.
You have the right to submit a claim in order to obtain compensation from the insurance policy of the responsible party if you were hurt in any other kind of accident, such as slipping and falling in a store.
However, getting an insurance company to agree to a settlement that is reasonable might be difficult to negotiate. Adjusters for insurance companies frequently search for justifications to undervalue or reject claims. They are, after all, profitable companies. They maximize their earnings by minimizing the amount of money they pay out in settlements for claims.
This is just one of the numerous reasons why people who have been injured in accidents should hire legal counsel to defend them in the event that they file a claim. In most cases, the expertise and knowledge of an attorney can assist you improve your chances of recovering reasonable compensation for all of your damages.
Unfortunately, there are some attorneys who do not give the level of representation that their clients deserve. Attorneys will take on cases despite the slim likelihood of them being successful.
Oftentimes, they may take on an excessive number of cases, which causes them to be unable to devote the necessary amount of time and attention to each individual case. Even though they lack the necessary knowledge and expertise, some lawyers will nevertheless take on new clients and cases.
You have other choices. You will have a better understanding of your rights after reading the following material.
Ending the Relationship Between the Attorney and Client
The very first thing you are free to do is put an end to the attorney-client relationship. It's possible that your case can yet be rescued. You need to find another lawyer that specializes in the same field as your claim and can represent you.
If possible, you should look for a lawyer that has received high marks from both their peers and their previous clients.
The Process of Filing a Claim for Legal Malpractice
Even if your case has been resolved and you are no longer able to pursue your claim, you still have rights. When they are representing their clients, attorneys in Florida are required to do it in a manner that is compliant with particular professional standards. In the event that your attorney violates their professional or ethical responsibilities, you may be able to file a claim for legal malpractice.
You have to be aware of the fact that prevailing in a case of legal malpractice might be difficult. You need to be able to prove the following to win your case:
You also need to have an understanding that it is not always the attorney’s fault if they do not succeed in winning a case. Cases are frequently lost by highly competent attorneys.
This material is in no way intended to dissuade you from pursuing legal action if you think that you have a legal malpractice case. Instead, the purpose of this article is to drive home the need of being truthful when it comes to hiring legal counsel.
It's possible that some attorneys just don't have the requisite qualifications to offer their clients with the kind of assistance they need to succeed.
On the other hand, if an attorney has been granted a license to practice law in Florida, there is a very strong chance that they will be able to give the level of service to which you are legally entitled. If you are straightforward and open with them whenever you address your situation, they will be better able to carry out their duties.
Contact Nooney, Roberts, Hewett & Nowicki Today!
The attorneys at Nooney, Roberts, Hewett & Nowicki have decades of combined experience fighting for victims of brain injuries. As a passionate firm, we fight for the compensation you rightfully deserve. Our expert legal team can help you along this complicated and intricate process.
Call us at (904) 398-1992 or fill out a quick form to schedule a free initial consultation with our aggressive negligent security attorneys! ¡Hablamos español!
We serve clients throughout Florida, including, but not limited to, those in the following localities: Duval County including Atlantic Beach, Jacksonville, and Jacksonville Beach; Hillsborough County including Brandon, Riverview, and Tampa; Leon County including Tallahassee and Woodville; Orange County including Ocoee, Orlando, and Winter Garden; St. Lucie County including Fort Pierce, Lakewood Park, and Port St. Lucie; and Walton County including DeFuniak Springs, Miramar Beach, and Santa Rosa Beach.
Each year, the trucking business transports goods worth billions of dollars throughout the nation. There are several federal rules that truck drivers and trucking businesses are required to abide by since commercial trucking is a significant industry and includes interstate commerce.
Many transportation restrictions are safety legislation intended to lower the annual number of accidents involving heavy trucks. The following section discusses trucking laws that you should be aware of if you are hurt in a semi-truck accident.
Hours of Service
Federal Hours-of-Service regulations set a restriction on how long truck drivers are allowed to drive commercial vehicles. For instance, truck drivers are only permitted to drive for 11 hours following 10 straight hours off[1]. Additionally, they are only permitted to drive for 60 hours straight over the course of seven days.
For truck drivers who only travel within Florida (intrastate), there are also Hours-of-Service laws. According to Florida law[2], the driver may drive 12 hours after 10 consecutive hours off duty. Additionally, the driver may not drive after the 16th hour after coming on duty following 10 consecutive hours off duty[3].
The probability of an accident caused by drowsy driving is decreased by state and federal hours of service regulations. Regrettably, truck drivers frequently disregard the law.
Shippers and trucking businesses sometimes impose unrealistic deadlines. The scheduling of cargo by trucking companies must allow for safe delivery, although many do not follow this rule.
Alcohol and Drug Testing
Commercial truck drivers and their employers must abide by the FMCSA and DOT's guidelines for drug and alcohol testing. Driving while intoxicated or high is very dangerous when operating a semi-truck. Drug or alcohol use, even in miniscule quantities, can make it difficult for a truck driver to drive safely.
Less BAC Allowed for Commercial Truck Drivers
The BAC (Blood Alcohol Concentration) level limit for driving while intoxicated in the United States is 0.08. Because fatalities and severe injuries from heavy truck accidents are more frequent, truck drivers are subject to a lower legal limit.
If a commercial truck driver's blood alcohol concentration (BAC) is 0.04 or more, federal law5 states that the driver is driving a commercial vehicle while under the influence of alcohol, and charges may be brought against them for having any amount of alcohol in their system.
Pre-Trip Inspections of Trucks and Trailers
Trucks must undergo a pre-trip examination according to federal regulations. The pre-trip inspection verifies that all the components and systems, including the brake connections, lights, horns, rear-view mirrors, and several other systems, are in excellent operating condition.
If a system malfunctions, not doing a pre-trip inspection might result in a truck accident.
State Traffic Laws
Truck drivers are required to be familiar with and adhere to state traffic regulations. As a result, a truck driver traveling from Florida to Maine must be aware of and obedient to all applicable traffic rules in each state.
How Does Florida’s Trucking Regulations Affect My Truck Accident Case?
Among the various transportation rules, the safety standards mentioned above are only a handful. It is the duty of trucking businesses and truck drivers to be aware of and adhere to all laws.
There are several causes of truck accidents, including infractions of safety rules. When a truck driver or trucking company violates a trucking safety requirement, negligence is frequently at play. The infraction may be used to demonstrate the party's negligence.
For instance, if truck drivers exceeded the legal BAC limit for commercial truck drivers while driving while under the influence of drugs or alcohol, they might be found responsible for causing a truck accident. If they were operating a vehicle while fatigued because they went over the allowed number of hours on the job, they could also be held responsible for the collision.
Additionally, they may have lied in their logbooks to hide the fact that they were driving for an excessive amount of time without pauses or rest.
5 49 C.F.R. § 383.5
By pressuring drivers to work more hours than allowed or by refusing to administer statutory drug and alcohol tests, trucking businesses may be found negligent.
If the businesses do not effectively educate their drivers or carry out rigorous background checks, they may be considered negligent. In a truck accident lawsuit, businesses who fail to maintain their vehicles and machinery may also be held accountable.
Truck Accident Claims
Cases involving trucks are challenging. Complex federal and state trucking laws are involved. Multiple parties are typically involved in the incidents, therefore various insurance companies are attempting to limit their liability.
Trucking businesses and their insurance providers might intimidate claimants who do so without legal representation. A skilled Florida truck accident attorney can level the playing field.
A truck accident attorney has the tools and expertise to investigate the collision. The attorney knows how to handle the strategies used by insurance companies and works with expert witnesses to obtain proof of responsibility and liability.
Without a lawyer, a person could struggle to investigate a truck accident and submit a claim. If they are unable to employ professionals and are out of work recovering from the truck accident, it is more difficult.
Call Nooney, Roberts, Hewett & Nowicki Today!
The attorneys at Nooney, Roberts, Hewett & Nowicki have decades of combined experience fighting for individuals like you. As a passionate group of lawyers, we are dedicated to fighting for the compensation you deserve.
Our expert legal team can help you along this complicated and intricate process.
Call us at (904) 398-1992 or fill out a quick form to schedule a free initial consultation with our aggressive negligent security attorneys! ¡Hablamos español!
We serve clients throughout Florida, including, but not limited to, those in the following localities: Duval County including Atlantic Beach, Jacksonville, and Jacksonville Beach; Hillsborough County including Brandon, Riverview, and Tampa; Leon County including Tallahassee and Woodville; Orange County including Ocoee, Orlando, and Winter Garden; St. Lucie County including Fort Pierce, Lakewood Park, and Port St. Lucie; and Walton County including DeFuniak Springs, Miramar Beach, and Santa Rosa Beach.
[1] Summary of Hours of Service Regulations, UNITED STATES DEPARTMENT OF TRANSPORTATION: FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION, (last updated, Mar. 28, 2022), https://www.fmcsa.dot.gov/regulations/hoursservice/summary-hours-service-regulations.
[2] Florida Hours of Service Rules, FLORIDA HIGHWAY SAFETY AND MOTOR VEHICLES.
https://www.flhsmv.gov/florida-highway-patrol/commercial-vehicle-enforcement/safety-enforcement/florida-hoursof-service-rules/ (last visited Jul. 18, 2022).
[3] Id.
It is imperative that a person who has sustained a head injury get medical attention in order to rule out the possibility of more severe damage to the brain or the skull. Brain injuries, particularly when they are not treated, can cause more harm to the body, and in certain instances, they can even be deadly.
If you have recently been involved in an accident, had a fall, or experienced any other type of traumatic blow to the head, pay close attention to the symptoms that follow.
Each year, traumatic brain injuries affect about 2 million individuals in the United States[1]. It is in your best interest to seek medical assistance if you are unable to promptly resume your usual activities.
Brain Bleeds 101
It is possible for a brain bleed or brain hemorrhage to take place wholly within the brain tissue, or it may take place within the skull but not within the brain itself. An epidural bleed, a subdural bleed, or a subarachnoid bleed refers to a brain hemorrhage that takes place outside the brain tissue. The term varies depending on where the blood is coming from in the body.
A hemorrhage that occurs within the brain tissue itself is known as an intracerebral hemorrhage or an intraventricular hemorrhage. A hemorrhage is said to be intracerebral if it takes place inside the cerebellum of the brain, whereas an intraventricular hemorrhage takes place within the ventricles of the brain.
Understand that a bleed on the brain, no matter where it is located or how it is classified, is a dangerous condition that requires prompt medical attention.
What Changes Take Place in the Brain When it Suffers a Blood Loss?
When a bleed occurs in the brain, it prevents oxygen from reaching certain areas of the brain. It takes as little as three or four minutes for this to result in the death of brain cells. There is no way to bring back a brain cell after it has died.
A shortage of oxygen can also cause irreversible harm to the nerve cells in the surrounding area, as well as the processes that are controlled by those nerve cells. Because of this injury, the victim may have permanent physical and mental impairments that cannot be remedied.
What Types of Symptoms Can You Expect from a Brain Bleed?
A brain bleed can manifest itself in a variety of different ways. In the event that a person has suffered a head injury and displays any of the following symptoms, it is strongly recommended that they seek medical assistance as soon as possible.
Some symptoms may be more noticeable than others depending on the degree of the head trauma that was received.
How are Brain Bleeds Diagnosed?
After the patient has been transported to the hospital or an urgent care center, a physician can make a diagnosis of a brain bleed by using specialized equipment.
They will most likely begin by inquiring about the event and assessing any obvious symptoms that may have occurred. In the following step, a CT scan, MRI, or MRA will be performed in order to identify the location and severity of a brain bleed.
A brain bleed may be further diagnosed with further tests such as an electroencephalogram, X-ray, CBC count, spinal tap, or angiography, depending on the individual circumstances. Each of these tests provides the medical staff with information that assists them in better understanding the brain bleed and deciding how best to treat it.
What are the Treatments for a Brain Bleed?
The severity of a brain bleed will determine the type of therapy that is administered. Surgery can be necessary in cases of severe bleeding in the brain to relieve the pressure that is caused by the presence of extra blood on the brain.
Anti-anxiety or anti-epileptic medication may be necessary in cases with brain bleeds that are not as severe in order to maintain blood pressure management and lower the risk of seizures.
Patients who require surgery to address a bleed in the brain typically need to undergo rehabilitative treatment after the procedure. Adjustments to one's lifestyle, such as going to physical therapy, speech therapy, and occupational therapy, as well as making these adjustments, can help lower the risk of recurrent brain bleeds.
Call the Jacksonville Brain Injury Attorneys Today!
If you or a loved one has been a victim of a brain injury, it is highly recommended that you seek the counsel of an accomplished brain injury attorney.
The attorneys at Nooney, Roberts, Hewett & Nowicki have decades of combined legal experience fighting for victims like you. Our expert legal team can help you along this complicated and intricate process.
Please do not go through this process alone.
Call us at (904) 398-1992 or fill out a quick form to schedule a free initial consultation with our aggressive negligent security attorneys! ¡Hablamos español!
We serve clients throughout Florida, including, but not limited to, those in the following localities: Duval County including Atlantic Beach, Jacksonville, and Jacksonville Beach; Hillsborough County including Brandon, Riverview, and Tampa; Leon County including Tallahassee and Woodville; Orange County including Ocoee, Orlando, and Winter Garden; St. Lucie County including Fort Pierce, Lakewood Park, and Port St. Lucie; and Walton County including DeFuniak Springs, Miramar Beach, and Santa Rosa Beach.
[1] Tiny Bleeds Associate with Disability After Brain Injury, U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES: NATIONAL INSTITUTES OF HEALTH, Oct. 29, 2019, https://www.nih.gov/news-events/nih-research-matters/tinybleeds-associated-disability-after-brain-injury.
See A. Griffin, et al., Traumatic Microbleeds Suggest Vascular Injury and Predict Disability in Traumatic Brain Injury, NATIONAL INSTITUTES OF HEALTH, Oct. 14, 2019, https://pubmed.ncbi.nlm.nih.gov/31608359/.
Valsartan is a common medication available only with a doctor's prescription that is used to control high blood pressure. In some instances, it is also referred to by the brand name Diovan. In recent years, it was shown that using Valsartan was associated with an increased risk of developing cancer.
If you were given a prescription for Valsartan between the years 2015 and 2019, you may be entitled for financial compensation as part of a class action lawsuit about the drug.
Why is Valsartan Part of a Legal Case in the First Place?
Valsartan, which is also sold under the brand name Diovan, is a medication that is frequently used for the treatment of hypertension. In some cases, doctors will recommend taking it to help reduce the risk of having a stroke or kidney problem. Since 1996, consumers in the United States have had access to Valsartan as a treatment option. Over one million people in the United States have been given prescriptions for Valsartan.
In the recent past, a significant number of people who use Valsartan have been diagnosed with cancer. Valsartan was found to have high levels of N-nitrosodimethylamine contamination, according to the findings. NDMA is a group 2A carcinogen, which is a substance that is known to cause cancer in humans[1].
The law places a responsibility on pharmaceutical companies to ensure that the pharmaceuticals they sell are suitable for human use. Some medications could cause undesirable effects, however in most cases, they are momentary, infrequent, and disappear after the patient stops taking the medication in question.
If using a prescription medicine leads to the development of a debilitating illness that frequently results in death, such as cancer, the pharmaceutical company that made the drug must be held accountable for the negligence that went into making such a hazardous product.
As part of this responsibility, you are obligated to compensate those who have been hurt. This is accomplished by the filing of a lawsuit against the manufacturer of the product.
Should I File a Lawsuit Against Valsartan?
If you or a member of your family has been given a prescription for Valsartan, you may be eligible to file a lawsuit against the manufacturer of the drug. Even at low doses, the substance has the potential to cause cancer. This indicates that even if you did not use Valsartan for a very lengthy period of time, it is still possible for it to be the cause of cancer in your body.
In 2018, the FDA initiated the first recall of Valsartan owing to the possibility that the drug might cause cancer. There are a number of different cancers that have been linked to the use of Valsartan, including cancers of the following organs:
There is a possibility that Valsartan is also associated with the emergence of the following:
If you have been diagnosed with any of these types of cancer and have used Valsartan, there is a possibility that the medicine is to blame.
You should be aware of the possibility of getting cancer if you have used Valsartan for any period of time, regardless of how long you have been taking it.
If a cancer diagnosis has not yet been made, you should be aware of the following early warning indications that cancer may be forming in your body:
Cancer treatment is oftentimes most adequate when the cancer is detected early and before it has developed to a later stage.
Be aware of the dangers that come with taking Valsartan, and don't brush off the warning signals that you could be getting cancer.
If you have any indications of cancer, you should contact your physician as soon as possible.
Am I Eligible to Receive Compensation?
The amount of compensation awarded in a successful case over a defective medicine can be substantial. This is especially the case when the consequence is a life-threatening disease like cancer.
Your compensation ought to cover the costs of medical care as well as your diminished earning capacity. In the case of a disease like cancer, it may be possible to receive compensation for damages including physical pain and suffering as well as mental anguish.
You may be able to file a wrongful death claim if you've lost a loved one to cancer and you feel that Valsartan played a part in the patient's sickness and subsequent death. In this scenario, you would have to prove that Valsartan caused the patient's disease.
How Can Nooney, Roberts, Hewett & Nowicki Help You
If a medication such as Valsartan was to blame for your condition, you will need the assistance of a law firm that is experienced in product liability if you wish to pursue legal action and be awarded compensation.
A lawyer will investigate your situation and compile information to support a claim for financial compensation. Your attorney will determine an appropriate compensation figure for you by taking into account the severity of your condition and the accompanying losses.
The unfortunate occurrence of developing cancer after having used a tried-and-true medication like Valsartan is a tragedy. Even though there is no amount of money that will bring back your health, receiving compensation can give some relief from the extremely high costs of cancer treatment.
Call the Jacksonville Product Liability Attorneys Today!
If you or a loved one has been injured by Valsartan or any medication, it is highly recommended that you seek the counsel of an accomplished group of product liability attorneys.
The attorneys at Nooney, Roberts, Hewett & Nowicki have decades of combined legal experience fighting for victims like you. Our expert legal team can help you along this complicated and intricate process.
Please do not go through this process alone.
Call us at (904) 398-1992 or fill out a quick form to schedule a free initial consultation with our aggressive negligent security attorneys! ¡Hablamos español!
We serve clients throughout Florida, including, but not limited to, those in the following localities: Duval County including Atlantic Beach, Jacksonville, and Jacksonville Beach; Hillsborough County including Brandon, Riverview, and Tampa; Leon County including Tallahassee and Woodville; Orange County including Ocoee, Orlando, and Winter Garden; St. Lucie County including Fort Pierce, Lakewood Park, and Port St. Lucie; and Walton County including DeFuniak Springs, Miramar Beach, and Santa Rosa Beach.
The traditional taxi service sector has been completely disrupted by ridesharing services like Uber and Lyft, in particular. Uber and Lyft have contracted with private individuals who use their own automobiles as a mode of transportation. This is in contrast to traditional taxi services, which provide a fleet of vehicles of questionable quality and drivers who are not always pleasant.
Both businesses, on the other hand, have stringent criteria for both the drivers and the vehicles that are used to carry consumers.
What Kind of Vehicle Requirements does Florida have for Uber and Lyft Drivers?
Both Uber and Lyft have requirements that must be met by the vehicles driven by its drivers. For instance, neither of the ridesharing services permits drivers to pick up passengers in subcompact cars with only two seats. Additionally, vehicles that are registered with each ridesharing operator must be fewer than 15 years old, and in some Florida cities, automobiles must have at least four (functional) doors and five seatbelts that are in good condition.
Every company maintains a list of permitted automobiles as well as those that are not allowed. In addition, Uber requires its drivers to have top-tier vehicles in order to accept luxury rates.
Requirements for Uber and Lyft Insurance in the State of Florida
Every driver for a ridesharing service is required to have their own private, personal insurance coverage, which protects them even when they are not actively using the app or looking for passengers.
If a driver is signed into the app and waiting for a fare, however, both Uber and Lyft give some coverage in the event of an accident:
Each ridesharing company provides supplementary coverage, such as the following, in the event that the driver has a passenger in the vehicle:
However, drivers are responsible for paying their own deductibles out of their own pocket. The deductible for Uber is $2,500, whereas Lyft will only cost you $1,000.
Florida’s Driver Requirements for Lyft and Uber
Every driver is subject to a comprehensive background check performed by the company, which examines not only their driving record but also their criminal history.
A contracted driver's removal from the ridesharing roster occurs when they acquire certain traffic offenses or are arrested. For instance, drivers who receive tickets for driving under the influence, driving while intoxicated, or driving recklessly will lose their status.
Florida driver regulations also include:
Additional Safety Advice for Riders Using Ridesharing Services in Tampa
Even though each company puts in a lot of effort to make sure that its drivers are properly vetted and that their cars are safe, there are still occasions when people get through the gaps. You should never feel forced to take a trip, or a fare, if you are driving, especially if you are concerned about your safety.
Always compare the information supplied by the driver and car through the ridesharing app with what you find out about them.
If the driver begins acting suspiciously or driving in a manner that is risky, do not be afraid to advise the driver to stop in a safe spot and to discontinue the ride when they have done so. Or, if you feel in danger, contact 911.
Most importantly, employ sound judgment, and put your faith in your gut feelings.
When using one of these common ridesharing services, putting these strategies into practice will protect you from potential dangers.
Contact Nooney, Roberts, Hewett & Nowicki Today!
The attorneys at Nooney, Roberts, Hewett & Nowicki have decades of combined experience in personal injury cases. As a passionate firm, we fight for the compensation you rightfully deserve.
Call us at (904) 398-1992 or fill out a quick form to schedule a free initial consultation with our aggressive negligent security attorneys! ¡Hablamos español!
We serve clients throughout Florida, including, but not limited to, those in the following localities: Duval County including Atlantic Beach, Jacksonville, and Jacksonville Beach; Hillsborough County including Brandon, Riverview, and Tampa; Leon County including Tallahassee and Woodville; Orange County including Ocoee, Orlando, and Winter Garden; St. Lucie County including Fort Pierce, Lakewood Park, and Port St. Lucie; and Walton County including DeFuniak Springs, Miramar Beach, and Santa Rosa Beach.