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According to Florida law, if you’re injured in a motorcycle accident—or you are a surviving
family member of someone in a fatal motorcycle accident—and deemed not at fault, you may be
eligible for compensation from the party at fault. Call Nooney, Roberts, Hewett & Nowicki at
(904) 398-1992 or fill out a fast and convenient form to schedule a free initial consultation! We
conduct consultations in Spanish too!
The Sunshine State has the second-highest number of registered motorcycle riders in the United
States, with more than half a million registered motorcycles. Unfortunately, Florida also leads
with the nation’s highest number of deadly motorcycle crashes each year.
Getting into a motorcycle accident can lead to serious consequences, including permanent and
serious injury, property damage, and death for accident victims. Losses that may be eligible for
compensation following a motorcycle accident in Florida include:
▪ Lost wages
▪ Medical transport costs
▪ Medical bills
▪ Property damage
▪ Pain and suffering
▪ Wrongful death compensation
Our talented team of Florida motorcycle accident attorneys at Nooney, Roberts, Hewett &
Nowicki understand how difficult it can be to recover from the physical, psychological, and
financial costs suffered as a result of a motorcycle accident. With our expertise and legal
resources, we can help you or an injured loved one file a motorcycle accident claim to seek the
compensation you deserve.
Motorcycle Accident Injuries
Motorcycles are different from the average motor vehicle in that they often provide much less
safety protection for their riders. In the event of a crash, this can lead to severe injuries such as
the following:
▪ Spinal cord injury
▪ Internal organ damage
▪ Severe head trauma
▪ Bone fractures
▪ Traumatic brain injuries
Severe motorcycle accidents, unfortunately, have the potential to result in permanent
disfigurement, loss of limbs, paralysis, and death.
These costs can be devastating to the health and well-being of injured motorcycle riders. Seeking
compensation is often the most helpful recourse a person can choose to pursue to cover the
financial, physical, and psychological tolls.
Motorcycle Accident Causes
Many motorcycle accidents occur because of a small time period of judgment or attention. As
many injured motorists can attest, accidents can happen very quickly, with little for people to do
in such situations but attempt to protect themselves in any way possible.
Common causes of motorcycle accidents in Florida include:
▪ Speeding
▪ Aggressive drivers
▪ Distracted driving
▪ Poorly maintained roads
▪ Failing to notice traffic signs and lights
▪ Failing to yield
▪ Defective motorcycle parts
▪ Driving under the influence
▪ Improper lane changes
Motorcycle Accidents and Alcohol Intoxication
Motorcycle accidents are also commonly influenced by alcohol or drug use. Across the United
States, alcohol impairment is involved in 28 percent of motorcycle crash fatalities.
While personal drinking habits can be controllable, situations can occur in which a motorcyclist
crashes with another driver who has been drinking. This, unfortunately, cannot be prevented.
The most effective tips for avoiding collisions with other motorists are to keep your full attention
on the road, be attentive to surrounding drivers, and avoid drinking and riding.
Important Facts to Know About Florida Motorcycle Accident Claims
Filing a motorcycle accident personal injury claim is a form of legal recourse individuals can
choose to pursue after becoming injured from a motorcycle accident.
For many people, the idea of pursuing legal action can be intimidating and overwhelming.
Understanding how motorcycle accident cases work can help you feel more confident about your
entitlement to seek compensation for damages.
Under Florida law, injured motorcycle riders are entitled to seek compensation if their accident
occurred at the fault of another motorist. The legal term for this is “negligence.”
When you are in an accident with another party at fault, Florida law entitles you to hold the
negligent party responsible for your injuries and other losses. Typically, the negligent party
refers to the other motorist involved in the accident.
However, if your accident occurred due to faulty motorcycle parts, you may be eligible to file a
claim against the motorcycle manufacturer on the basis of product liability.
If you’ve suffered injuries because of another party’s negligence, getting in touch with a personal
injury attorney who has extensive experience in motorcycle accident cases is the best way to
gather the necessary evidence to support your 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 motorcycle accident attorneys!
Why Should You File a Motorcycle Accident Claim?
The reasons why people pursue legal recourse can vary depending on personal circumstances
and the severity of a person’s injuries. However, the primary reason in most cases is the sheer
expense.
Many of the consequences of getting into a motorcycle accident—such as medical treatment,
motorcycle repair costs, and lost wages due to injury—can accumulate to a big sum of money
within the first hours, days, and weeks of the incident.
In the case of serious or catastrophic injuries, long-term care or treatment may also be required,
which can complicate the process of determining a fair settlement amount and even further
increase your expenses.
Getting into an accident can be disorienting and traumatic. Contacting a motorcycle accident
attorney who can represent you aggressively for the compensation you deserve is essential to
your claim.
“I Just Got into a Motorcycle Accident! What Steps Should I Take?”
If you got into a motorcycle accident, there are several steps you may need to take to get the
details of your accident on record and attend to the resulting injuries.
Following these steps can help you protect your rights in the event of an accident and prepare
you to make a strong and successful case for your right to compensation:
1.Seek Medical Care
Your safety and life are the number one priority in any accident. First, check yourself for any
injuries, and look to see if anyone else involved in the accident has sustained any visible injuries.
If you or anyone else involved is injured, call 9-1-1 to request emergency medical personnel to
the accident scene.
Even if you believe your injuries are minor, it’s important to always have your health and
wellbeing assessed by medical professionals. This is especially true if you have sustained any
kind of head or brain injury, as this can lead to brain trauma or concussion without swift medical
treatment.
Failing to get treatment for injuries sustained after an accident can risk more serious problems
down the road.
2.Call the Police
If you get into an accident, it’s important to call the police to report the incident. Your local
police will be able to write up a formal police report, including vital details about the scene of
the accident and the information of other involved motorists. This can serve as useful evidence
for supporting your claim and adding to its credibility.
3.Gather Information
Once you have called 9-1-1 and contacted the police, gather the names, phone numbers,
insurance information, and license plate numbers of other motorists involved in the accident and
any eyewitnesses.
4.Take Note of Your Surroundings
Although most people can feel quite shaken in the immediate aftermath of an accident, it’s in
your best interest to take note of whatever details you can about the scene of the accident and the
moments leading up to it.
If you have your cellphone at hand, take photos of the following for your records:
▪ Accident scene
▪ Skid marks
▪ Positions of the vehicles
▪ Personal injuries
▪ Property damage
▪ Screenshot of your recent calls
5.Contact A Motorcycle Accident Lawyer
You should also record the time of the accident, any memorable details about the weather, traffic
signs, or suspicious driving activity (e.g., drunk or distracted driving from the other driver).
After calling the appropriate authorities, one of the most important calls you can make after
getting into an accident is to a motorcycle accident attorney. This should be done before calling
your insurance company, as your insurer may request a statement.
If you contact your insurance company before consulting an attorney, do not provide any sort of
statement or admit to any fault in the accident. Your attorney can help you craft an appropriate
statement for your insurance that won’t create trouble for you later in the motorcycle accident
claims process. Our knowledgeable motorcycle accident attorneys are able to guide you
throughout the entire process.
Things to Keep in Mind When Looking for a Motorcycle Accident Attorney
Having the right legal representation matters. Your best option in seeking legal recourse is to
find an attorney who has a strong track record of securing compensation for injured
motorcyclists or surviving family members.
Finding the right attorney can be the difference between being awarded a fair settlement and
suffering the expenses that can quickly add up in the aftermath of an accident.
Check out these tips on how to find the best Florida motorcycle accident attorney to handle your
claim:
Find an Attorney with Experience
Motorcycle accident cases are not the same as the average personal injury claim, although they
are similarly categorized.
When choosing a skilled attorney to represent your interests in a motorcycle accident claim, your
best course of action is to find an attorney who has verifiable experience handling motorcycle
collision cases.
Why Does this Specific Experience Matter?
Motorcycle accident claims are often held at a higher level of investigation, which can create a
more complicated and troublesome negotiation process. They are also subject to different laws
and processes than motor vehicle accident claims, both of which can require skill.
At Nooney, Roberts, Hewett & Nowicki, our motorcycle accident attorneys understand the
important difficulties and troubles that can make the difference between recovering damages for
the injured motorcycle riders we represent and leaving them empty-handed. With decades of combined legal experience, we are dedicated to advocating for all of our clients, as they receive small firm attention and big firm results.
Resources and Connections
The most valuable tools a motorcycle accident attorney can possess are extensive legal
knowledge, professional connections, and other legal resources.
Having an extensive list of resources and connections can prove to you as a client that your
attorney will not cut corners in conducting a thorough investigation of your case.
Having working relationships with professionals in your community—such as the police,
hospital staff, and other legal experts—demonstrates exceptional communication and
collaboration skills. These are essential for any competent personal injury attorney to possess and
should be considered when vetting your options for legal representation.
Florida Laws Regarding Motorcycle Accidents
Motorcycle accident laws can vary by state. In Florida, injured motorcyclists are entitled to the
right to seek accident-related compensation if their injuries occur as a direct result of another
party’s negligence.
In motorcycle accidents, negligence refers to any behavior, action, or influence that deems an
individual or entity at fault (e.g., drunk driving, texting while driving, or failing to follow traffic
rules, etc.).
Another aspect of the legal process to consider when filing a motorcycle accident claim is the
statute of limitations, which can vary by state.
Florida Statute of Limitations for Motorcycle Accident Claims
A statute of limitations is the amount of time someone has to file a lawsuit in the aftermath of an
accident or crime.
Knowing the statutes of limitations for motorcycle accident claims in Florida is crucial for any
Floridian who is considering taking legal action for a recent or past accident.
The following statutes of limitations refer specifically to Florida law:
▪ Motorcycle Accident Personal Injury Claims: Injured motorcycle riders have up to four
years from the date of their motorcycle accident to pursue legal action for compensation.
▪ Wrongful Death Claims: Surviving family members have up to two years after the date of
a deceased motorcyclist’s accident to file a wrongful death claim against the negligent
party.
▪ Product Liability Claims: If your motorcycle accident happened because of defective
motorcycle parts, this may entitle you to compensation on the basis of product liability.
Injured motorcyclists in Florida have up to four years to file a product liability claim in
the event of personal injury, or up to two years for wrongful death.
▪ Motorcycle Claims Against Government Entities: If your accident happened as a direct
result of poor road conditions, or the fault of a government driver, you have up to three
years to file a lawsuit against the appropriate government entity.
Florida Motorcycle Accident Statistics
Florida leads the nation with the highest rate of motorcycle fatalities. According to state records,
Florida saw over 9,000 motorcycle accidents in 2018.
The total number of fatalities because of motorcycle crashes in the state totaled 502 motorcyclist
deaths and 7,860 injured motorcyclists. These numbers are slightly lower than those of previous
years, but still represent the highest rates of motorcycle accidents and fatalities in the United
States.
Factors that often play a role in Florida motorcycle crashes and deaths:
▪ Not wearing a helmet
▪ Alcohol-or-drug-related impairment
▪ Not following traffic stops, signs, and rules
▪ Older age
▪ Lacking a valid motorcycle license
Contact Nooney, Roberts, Hewett & Nowicki Today for a Free Consultation
Motorcycle accidents are often not just a small matter. Serious injuries and wrongful deaths
devastate thousands of motorcycle accident victims and their families each year.
The expert motorcycle accident lawyers at Nooney, Roberts, Hewett & Nowicki understand the
seriousness of these consequences and have the capability to help injured motorcyclists and their
families seek fair and just compensation.
Don’t wait to begin the process of filing your motorcycle accident claim. 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 motorcycle accident attorneys
It is critical to seek medical attention as soon as possible after suffering head trauma in order to accurately assess the level of harm sustained.
Brain injuries can be caused by a wide number of incidents, such as a fall, an injury sustained while playing sports, or a collision with a motor vehicle.
It is not often possible to determine the full degree of the damage right first, particularly if there is no obvious bleeding around the skull. Therefore, the person must be monitored closely for any indications of a severe damage.
There are primarily three different kinds of brain injuries. The coup, the contrecoup, and the coupcontrecoup brain damage are all included in this category.
A coup injury takes place at the point on the skull that was impacted by the initial force of the collision. At the scene of the trauma, bruising, cuts, or other types of markings are typically present, which may be used to identify this type of injury.
An injury caused by a coup can range from moderate to severe, and its effects might include bruising, edema, or even bleeding in the brain.
A contrecoup injury is one that arises in the location that is diametrically opposed to the initial site of the trauma. It is possible that there is no sign of a visible damage in the area, making it more likely that the medical professionals will fail to diagnose it.
Accidents involving motorcycles and vehicles that roll over tend to result in the highest incidence of contrecoup injuries.
A coup contrecoup lesion is the most severe form of brain injury and occurs both at the initial site of trauma as well as the location that is exactly opposite from where the trauma occurred.
Because the contrecoup location of the trauma may not show any evidence of damage, it is easy for this area to be missed in the first diagnosis, and it is thus left untreated. If a coup contrecoup accident has taken place and the sufferer does not receive treatment, the person may suffer from brain damage that is irreversible.
What Actions Should I Take in the Event My Head Has Received a Blow?
Any individual who has suffered a hit to the head should not disregard its effects. Doing so can lead to problems in the long run, some of which may even be deadly.
After receiving a hit to the head, it is important to keep an eye out for indicators of a brain damage, including the following:
In the event that you don't experience any symptoms right away, make sure to stay vigilant throughout the next several days.
In certain circumstances, it may take some time before the symptoms become more obvious. If the strike caused you to lose consciousness, even for a few minutes, it is in your best interest to get to the hospital as soon as possible to rule out the possibility of a concussion or other type of traumatic brain damage.
What Kind of Damages Could Come About as a Result of a Coup Contrecoup to the Brain?
A person who has had a coup contrecoup brain damage may experience difficulties with making decisions, communicating, and comprehending language.
In certain instances, they could have trouble concentrating, lose their coordination, or have issues with both their memory and their ability to concentrate.
Damages to a person's finances as a consequence of a coup contrecoup brain injury can have a negative impact on their quality of life. Even if the individual has health insurance, extensive rehabilitation may be required, and this type of treatment is notoriously costly.
It's possible that someone who's been injured in a coup contrecoup won't be able to return to work. Because of this, they will see a significant decrease in their income.
Individuals who have suffered a coup contrecoup brain injury may, in addition to the financial damages, experience emotional problems such as depression and anxiety.
People who have had a traumatic brain injury are more likely to experience these illnesses than others. They could have a harder time engaging in social events or enjoying the activities they formerly did.
Anyone who has been struck in the head should seek medical assistance immediately to rule out the possibility of sustaining a traumatic brain injury. In the event that one has taken place, therapy can assist to lessen the pain and get the patient back on the path to recovery.
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.
Bicyclists in Florida must adhere to the rules of the road in accordance with traffic laws. If a rider rides a bicycle while intoxicated, they may be arrested for bicycle DUI. Intoxicated cyclists may be subject to both criminal and civil sanctions.
What are Florida's DUI Laws?
If a blood test or breath test reveals that a person's blood alcohol content (BAC) is.08 percent or greater, they may be prosecuted with drunk driving in Florida.
A driver may also be charged with DUI if their blood alcohol level makes it impossible for them to drive safely.
Depending on the facts of the case, there may be criminal consequences for driving while intoxicated. A person could be required to install an ignition interlock device and pay fines, for instance. The court may also impose probation, jail time, and other penalties.
Why is it Possible for A Bicyclist to be Charged with a DUI While Riding a Bicycle?
According to Florida law, bicycles are classified as vehicles and are subject to many of the same obligations as motorists.
DUI charges may be brought against a person who is intoxicated and riding a bicycle.
But the prosecution must show that the cyclist's BAC was higher than the permitted level. Alternately, the state would have to show that the rider was unable to ride with the same level of caution as a reasonably cautious sober rider due to alcohol in their system.
Therefore, if found guilty of bicycle DUI, the offender may receive jail time, pay fines, and lose their driver's license.
What Happens if a Drinking Cyclist Gets in an Accident?
In addition to suffering criminal consequences, cyclists who cause a traffic collision while impaired by alcohol may be held liable for damages.
If another party suffers significant injuries, they may file a lawsuit against the at-fault person under Florida's no-fault insurance regulations.
Therefore, if a DUI collision was caused by a drunk cyclist, they might be held responsible for the damages. They could be obligated to cover the other person's financial losses, such as out-ofpocket costs, lost earnings, and medical expenditures.
The intoxicated biker may also be liable for non-economic losses like pain and suffering.
Prior to a bicyclist being held accountable for damages brought on by an accident, the victim must demonstrate:
DUI conviction is admissible as proof in a personal injury lawsuit. Impairment does not, however, automatically render a biker liable for any harm.
Liability still requires proof of negligence and causation.
If the Bicyclist is Drunk, Can He/She Receive Damages for a Bicycle Accident?
In road accidents, Florida comparative fault laws are in effect. According to the law, when one person contributes to the cause of another's injury, they are each accountable for their proportion of the damages.
In other words, the rider's compensation may be diminished by their proportion of liability if the bicyclist contributed to the collision.
A bicycle accident is more likely to occur when you're drunk and cycling. Bicyclists are equally responsible for following traffic regulations and taking precautions to prevent traffic accidents.
How Can You Avoid Liability Following a Bicycle Accident?
In an effort to reject your claim, the driver's insurance company can try to pin the accident on you.
It can try to place part of the liability on you in an effort to reduce the amount of damages you get.
Following a bicycle accident, you can safeguard your entitlement to just compensation by doing the following:
When bicyclists are struck by cars, they suffer severe injuries and potentially fatality. Therefore, if a negligent motorist is to blame for your bicycle accident, you deserve to receive full compensation for all injuries you sustained.
Call Our Florida Bicycle Accident Attorneys Today!
The attorneys at Nooney, Roberts, Hewett & Nowicki have decades of combined experience fighting for victims of personal 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 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.
In an effort to reduce the amount of carbon dioxide they release into the atmosphere, a lot of individuals are taking up walking and cycling. While increasing one's activity level has almost endless positive effects on one's health, it also puts pedestrians and cyclists at an increased danger of being struck by passing automobiles.
Unfortunately, Florida is one of the most dangerous states in the country for pedestrians and drivers to collision due to the various elements that contribute to this.
In Florida, the risk of being involved in an accident as a pedestrian is rather high.
Even if a pedestrian could share some of the fault for an accident in some scenarios, the fact of the matter is that the vast majority of collisions occur due to the carelessness of another party.
Accidents that result in serious injuries to pedestrians can be caused by a wide variety of negligent behaviors, including but not limited to driving under the influence of alcohol or driving when their traffic signals are not operating properly.
Pedestrians and cyclists in the state of Florida have an increased risk of being injured due to the following factors:
the risk of getting into a collision with a person who was lawfully crossing the street. In addition, the state of Florida's highways are always undergoing construction, which results in a confusing network of diversions and changing freeway exits. In situations like these, pedestrians have the right to file a claim for compensation not only against the motorist who was at blame for the accident, but also against the road maintenance business, construction firm, or any other entity that was responsible for the unsafe road conditions.
Accidents involving children are most prone to be in a collision, and they are also among the most likely to sustain injuries if they are hit by a vehicle.
Children are frequently injured or killed when they come into contact with garbage trucks, school buses, and other municipal vehicles that are driving through residential neighborhoods.
Children can also be injured or killed when neighbors back out of their driveways or when they dart in front of cars while riding bicycles. These collisions can result in substantial medical expenses, a disability that may persist for the remainder of a person's life, or even death.
Call the Florida Pedestrian Accident Attorneys Today!
If you or a loved one has been involved in an accident between an automobile and a pedestrian, it is highly recommended that you seek the counsel of an accomplished personal injury attorney.
The attorneys at Nooney, Roberts, Hewett & Nowicki have decades of combined legal experience fighting for victims of pedestrian accidents. 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.
It is the responsibility of the victim and their counsel to present evidence that the owner of the property did not offer reasonable security that may have prevented the act that resulted in the victim's injuries.
It is possible that the business will be held accountable in these kinds of scenarios. The following are some instances of such circumstances:
When negligent security contributes to the commission of a crime, the victim or the victim's family may be entitled to financial compensation for a variety of injuries or losses. You may be entitled to receive one or more of the following sorts of compensation if you successfully file a claim for negligent security:
Injuries and other forms of physical damage are frequently the direct outcome of criminal activity, which can result in significant financial burdens. A victim of this kind of crime has the option of initiating legal action to pursue financial compensation for the damages sustained as a result of the crime.
The victim may begin to experience difficulties in their capacity to work and provide a livelihood for themselves and their family as a result of the psychological or physical effects of the crime or attack. In this scenario, a victim has the right to file a claim for the loss of income as well as any potential future income.
In the event that someone has passed away, surviving family members have the right to seek compensation for wrongful death[1] by filing a premises liability case against the entity responsible for the death.
The circumstances surrounding a negligent security claim can, at times, be very frightening. This may cause the sufferer to have flashbacks, as well as chronic psychological troubles, which limit their capacity to take pleasure in life or perform as effectively as they formerly did.
It is possible that the victim will be able to secure financial compensation for necessary counseling, which can also assist compensate for the victim's pain and suffering, emotional trauma, and other psychological disorders that were brought on by the incident.
The nature of the incident, the degree of liability, the extent of the loss and damages, and other factors all play a role in determining the amount of compensation that a victim or the victim's family may be eligible to receive. If you want to know for sure how much your negligent security claim might be worth, it is in your best interest to speak our team of attorneys.
Call us at (904) 398-1992 or fill out a quick form to schedule a free initial consultation with our aggressive personal injury attorneys! ¡Hablamos español!
If you are injured as a result of negligent security, it is imperative that you pursue legal action against the responsible party. There are a number of entities that might be held accountable for the following circumstances:
You have the right to pursue legal action if you consider that you have been the victim of negligent security. However, given the potential for these cases to include a great deal of complexity, it is strongly recommended that you seek the assistance of an accomplished personal injury attorney.
This will assist in ensuring that you obtain the compensation to which you are entitled to the injuries or losses that you have sustained.
If you choose the appropriate attorney, they will work hard to collect evidence and make sure that a compelling case is established on your side to assist you in holding the guilty party answerable for the issue.
Call Nooney, Roberts, Hewett & Nowicki Today!
The attorneys at Nooney, Roberts, Hewett & Nowicki have years of experience defending people who have been injured as a result of negligent security, and we will do everything in our power to ensure that you obtain the justice and compensation that you rightfully deserve.
Please do not go through this process alone. Not having an attorney representing you oftentimes leads to being pressured into accepting a low-balled settlement. 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!
Since 1971, Florida only required motorists to carry no-fault insurance, which as some may know, does not provide benefits for victims of negligence but only for the passengers of the insured vehicle. The only other required insurance was property damage. Ever since, there have been many unsuccessful attempts to repeal Florida’s no-fault system. In fact, Florida has been the state most prone to fraud in the United States with Floridians paying extraordinarily high insurance premiums.
In 2021, the Florida legislature introduced House Bill 719 named “Motor Vehicle Insurance” (and Senate Bill 54 respectively). This new legislation will repeal the existing Florida requirement of $10,000 in PIP benefits with required bodily injury liability coverage. In April 2021, the Florida Senate passed SB 54 with a landslide vote of 38-1, and has been effective since January 1, 2022.
Senate Bill 54 includes:
Although well-intentioned, there is worry that this law does not go far enough to cure what ails the Florida insurance sector. After all, The Sunshine State is a state in which jury decisions on dubious injury claims have become common. Residents are inundated with advertisements for trial lawyers boasting of enormous judgments.
Adjusters are regularly accused of bad faith for doing their assigned duty of reviewing claims. All across Florida, auto accident victims are being diagnosed with disk injuries when in fact, they should be classified as soft tissue injury or aggravation of a preexisting condition.
The widespread agreement among consumer organizations and the media is that a disproportionate number of low-income citizens will have to pay more for insurance consequently. This is certainly accurate, however those who currently carry extra coverage may experience premium reductions.
Also, there is a general concern that more Floridians may choose to forego insurance altogether. Due to the legislature's lack of penalization to those who choose to break the law of not carrying insurance by protecting them from being sued for pain and suffering, this could potentially occur in Florida, which already ranks among the top states with the highest percentage of uninsured vehicles on the road.
Personal responsibility dictates that eliminating PIP is the best course of action. Too many people drive their vehicles with the bare minimum PIP and property damage coverage and have not been held responsible when they injure others.
In fact, Florida is the only state where drivers are not required to have bodily injury coverage. While Virginia and New Hampshire do not require vehicle insurance, they both require drivers to post a bond to safeguard the public. Consequently, Florida's uninsured and underinsured premiums are among the nation's highest.
Another important aspect is that PIP was meant to reduce litigation by excluding soft tissue injury claims from coverage. Despite the tort threshold that was intended to restrict these claims, the majority of claims submitted by motorists have been paid in the majority of cases for decades.
We highly urge you to not go through the vehicle accident claim process alone. Many insurance adjusters will take advantage of your lack of experience in this field and will work hard to compensate you as little as possible. Hence, why it is crucial for you to hire an experienced and aggressive Florida auto accident attorney as soon as possible.
At Nooney, Roberts, Hewett & Nowicki, our dedicated team of legal experts will fight for you and to obtain the compensation you justly deserve. Our firm has decades of combined legal expertise in assisting vehicle accident victims just like you.
Call us today at (904) 398-1992 or fill out a quick form to schedule a free initial consultation with our aggressive automobile accident attorneys! ¡Hablamos español!
Private social hosts are often not liable for injuries brought on by their guests' alcohol drinking, according to Florida's alcohol liability rules. The restrictions are different, though, if a guest who is underage is served. According to Florida's liquor liability laws, it is the responsibility of party hosts and homeowners to prevent minors from consuming alcohol at their events. They risk legal and criminal consequences if they don't comply.
According to Florida law[1], it is unlawful to let anybody under the age of 21 to consume alcohol at a gathering if: (1) the home is under the party host's supervision; (2) the host consented to a party being held at the house; (3) underage persons consumed alcohol or drugs; (4) the host was aware of the underage drinking while in control of the home; and (5) the host failed to take reasonable measures to stop underage consumption while knowing that it was occurring.
Under the doctrine of negligence per se, this Florida statute may also be utilized to establish civil liability. When a person or organization breaches a criminal law intended to protect a certain group of persons, and the plaintiff belongs to that group, it is considered negligence per se.
For instance, the Florida "Open House Party" law was created to safeguard minors from the harm alcohol consumption might do to them or others.
When negligence per se is established, the individual or entity who provided the alcohol is in violation of Florida's liquor liability laws and is consequently responsible for any injuries that ensue.
You may be entitled to compensation for all losses incurred because of inappropriate alcohol service if you or a loved one was hurt. The Jacksonville attorneys at Nooney, Roberts, Hewett & Nowicki have the knowledge required to handle your liquor liability lawsuit and secure the settlement you are entitled to. 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 liquor liability attorneys! ¡Hablamos español!
According to Florida's alcohol liability statutes, private social hosts are typically immune from lawsuits if they serve alcohol legally in their residence, bar, or private event.
That does not imply that you do not have options if you or a loved one was hurt at a private event by someone who was intoxicated.
There may be alternative methods to prove liability because alcohol may just be one contributing element to your or a loved one's serious bodily damage.
Contact us to discuss your case if you or someone you know has been hurt as a result of drinking alcohol or in an accident where alcohol played a role.
You need the skilled and innovative lawyers at Nooney, Roberts, Hewett & Nowicki to help you collect because of the strict liquor liability statutes that exclude alcohol providers from responsibility.
Call us at (904) 398-1992 or fill out a quick form to schedule a free initial consultation with our aggressive liquor liability attorneys! ¡Hablamos español!
Injury to a pedestrian has a much higher chance of becoming life-threatening than injury to someone in a car who is protected by safety equipment. Because of this, Florida law mandates that vehicles use additional caution to prevent accidents with pedestrians and bicycles. These regulations also make drivers responsible for any injuries they may cause in a collision.
However, there are some situations where pedestrians could share fault for an accident, making it more difficult for them to receive compensation for their injuries.
Because there are so many various variables that might impact a driver's and a pedestrian's duty of care, determining who is responsible for a pedestrian accident can be difficult. Regardless of their mode of transportation, all road users have a responsibility to be vigilant, behave properly, and follow all traffic regulations. Liability for a pedestrian accident may depend on several elements, such as:
Before fault in an accident case can be precisely established, several other factors must be taken into account. The circumstances leading up to the collision, the acts of the motorist and the pedestrian, and the eyewitness and police reports from the site all need to be carefully evaluated by the victims.
It's critical that you consult with a knowledgeable personal injury attorney if you or someone you care about was injured in a car-pedestrian collision. While you recover from your injuries, our tenacious legal team promptly gathers evidence, clarifies your legal choices, and takes over your case.
Call us at (904) 398-1992 or fill out a quick form to schedule a free initial consultation with our aggressive pedestrian accident attorneys! ¡Hablamos español!
Every time a person leaves the house, a pedestrian accident might happen. Without any form of protection, it is possible to get hit by a car when doing anything from crossing a parking lot to walking the dog. People of all ages can prevent a collision while walking by being aware of the reasons for these mishaps.
The leading cause of pedestrian collisions is distraction. The majority of incidents involving vehicles, including those involving pedestrians, appear to include distraction of some kind or another, according to data from the National Highway Traffic Safety Administration (NHTSA).
Distracted pedestrians put themselves in danger by focusing on cellphones or music instead of the way ahead, which is just as dangerous as texting or talking on cell phones while driving. Numerous causes, such as the following, contribute to the majority of pedestrian accidents:
Florida law permits victims to receive compensation if someone else's negligence was the primary cause of their suffering, even if you contributed to the accident in some way as a pedestrian.
We can assist you in determining who is responsible for your injuries, regardless of the circumstances of the pedestrian accident. To ensure that you receive the settlement you are entitled to for your medical expenses, lost earnings, permanent disability, and pain and suffering, our Florida automobile accident attorneys will investigate the details of your case and collect evidence on your side.
Call Our Jacksonville Pedestrian Accident Attorneys Today!
The attorneys at Nooney, Roberts, Hewett & Nowicki have decades of combined experience fighting for the compensation our clients 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 pedestrian accident attorneys! ¡Hablamos español!
Every day, there is a report of someone being assaulted, stabbed, or shot at a neighboring apartment complex, gas station, or company building. When this occurs, victims rely on the criminal justice system to guarantee that the culprit is held accountable for their actions.
However, victims may not be aware of other actions they might take in response to negligent security. The victim may be able to submit a claim and collect compensation from the management entities (or the business that provided security for the property or the property owner).
However, negligent security claims are intricate, therefore it's crucial to choose a lawyer with experience in these matters.
It is possible to file a negligent security or premises liability lawsuit against property owners, security providers, and management businesses if a foreseeable crime happened or if they failed to prevent the formation of hazardous circumstances and conditions. It might be the property manager, landlord, or owner who is responsible for "managing" the property at issue.
Dangerous conditions may result from a lack of maintenance or failure to warn visitors about potentially hazardous conditions. In these instances, the management is responsible for injuries caused by their negligence.
Typically, the owners or managers of a property are deemed responsible for the safety of their guests and anybody else on their property. If the owner or manager fails to offer a properly secure and safe environment, they may incur liability. When showing the manager's or owner's liability for a property, there are two primary factors that may be helpful.
The first factor is whether there is a history of criminal activity around or on the property. A history of criminal conduct indicates, after all, that the proprietor, manager, or owner should have been aware of the potential danger. Due to this, they are obligated to provide protection for individuals present.
The second is if the company has a reputation for drawing criminal activity. This covers businesses such as casinos and banks. It is fair to presume that additional security measures should be implemented in such circumstances. Additionally, if these are absent, it may indicate that the owner was negligent.
You expect the owner of a public area, such as a movie theater, club, park, or even a gas station, to ensure the location's safety. This expectation falls under premise liability. If it can be proven that the owner's inability to provide reasonable security resulted in the injury, the owner may be found liable for any injuries sustained within the owner's property under the terms of this law.
When examining cases of negligent security, you will typically discover that the perpetrators of the crimes are not the owner or management. In a negligent security suit, it is argued that the injury or damage you sustained could and could have been avoided if the property owner had exercised due diligence by implementing reasonable security measures. Murder, sexual assault, sexual abuse, rape, assault, and battery are examples of crimes that may result in negligent security claims.
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!
Keep in mind that the situations' facts and conditions will vary depending on the examples given below. Common security instances that might lead to negligent security lawsuits include the following:
Notably, the aforementioned arguments will not suffice to win your case. In lieu of this, you must provide evidence that one of these factors caused harm or injury. The aforementioned information should provide you with a general understanding of some of the most prevalent causes of negligent security claims.
If the facts of your case lead you to feel the property owner, operator, or management behaved carelessly, their actions will be taken into account and contrasted to what a "reasonable person" would do.
In the event of a murder, the relatives of the victim may be able to bring a claim for negligent security. Officially, these claims are known as "wrongful death lawsuits." This kind of lawsuit resembles a standard personal injury claim. The primary distinction is that the family of the deceased person must file it on their behalf, as they cannot do it themselves.
Similar to other personal harm scenarios, property owners may be negligent in murder proceedings. Poor maintenance of the on-site security equipment, substandard security measures, the absence of security personnel or police presence, and other sorts of avoidable problems might combine to make a facility hazardous. If property owners fail to take reasonable precautions to avoid a murder on their land, they can and often will be held accountable. If a member of your family was killed on business property, you should contact a lawyer to schedule a consultation.
Like assault-related and gun-related crimes, all businesses need a duty of care to their customers to take reasonable measures against sexual crimes that may occur. Similar measures must be taken as with other types of crimes. This involves having well-maintained and plainly visible security cameras, good illumination in alleyways, corridors, and entranceways, and a visible security force (such as security guards).
A business may be held accountable for sexual offenses if it fails to maintain a sufficient level of security to prevent them. If you or a member of your family are the victim of a crime on business property, you may be entitled to pursue legal compensation and finally earn negligent security settlements. To determine definitively if your matter is worth pursuing, it is essential to see an attorney.
Call us today at (904) 398-1992 or fill out a quick form to schedule a free initial consultation with our aggressive negligent security attorneys!
Assault is often defined as any conduct that creates a reasonable fear of impending, dangerous contact. This indicates that an attack happens when a person purposefully causes another person to fear violence. When intentional hurt is inflicted, there is battery.
Businesses are responsible for preventing violence and battery against their customers. Numerous establishments, such as nightclubs and bars, where the likelihood of these occurrences is significant, must employ enough security on-site to prevent mishaps. If so, they are immediately disbanded.
In light of this, it is the responsibility of every business to take appropriate precautions against assault and battery. Almost everywhere may be the scene of a physical altercation, and it is the responsibility of each business to ensure that these occurrences are few and do minimum damage when they do occur.
There are two types of shooting incidents: individual incidents and mass shootings. In both instances, the business has a responsibility to provide a safe environment for its patrons. This may involve employing security guards, surveillance cameras, hallway and entry illumination, and other precautionary measures.
In reality, violent acts occur on a regular basis. Additionally, there are limitations to what certain businesses can do to safeguard the safety of their customers. In many instances, what constitutes reasonable measures depends on the nature of a particular entity. While this is true, businesses are required to offer patrons a reasonable level of safety. All gunshot victims should consult with an attorney to establish if they have a negligent security case.
Call Our Florida Negligent Security Attorneys Today! The attorneys at Nooney, Roberts, Hewett & Nowicki have decades of combined experience fighting for victims of negligent security. 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!
Family-based immigration is the backbone of our immigration system. It allows for families to
stay together and live in the U.S. One of the most common avenues for a foreign national to
obtain legal permanent residence in the United States is through the family-based immigration
process. As a spouse, parent, or child of a U.S. citizen or legal permanent resident, an individual
may be eligible for permanent resident status through an adjustment of status application or
alternatively, an immigrant visa application if they meet specific criteria.
This involves the petitioner, who is a U.S. citizen or permanent resident. It also involves the
beneficiary, who is the foreign family member who wants to obtain a visa.
Eligibility for Family-Based Visas
All family-based immigrant visa applications fall into one of two categories: immediate relatives,
or family preference. These categories help define the family relationship between the sponsor
and the beneficiary. Often, they also dictate the priority of the case and the length of time it will
take. While the number of immediate relative visas is not limited, the number of preference
category visas is limited every year.
Immediate relatives include spouses of U.S. citizens, unmarried children of U.S. citizens under
the age of 21; orphans adopted (or to be adopted) by a U.S. citizen; and parents of U.S. citizens
who are at least 21 years old. For purposes of family-based immigration, simply living together
or being in a common-law marriage is not considered a “spouse.” Same-sex marriages are valid
marriages for immigration purposes. Family preference categories include:
▪ Unmarried, adult children aged 21 or over of U.S. citizens
▪ Spouses and unmarried children aged 21 or under of permanent residents
▪ Unmarried, adult children of permanent residents
▪ Married children of U.S. citizens
▪ Siblings of adult U.S. citizens
In addition to the above, U.S. citizens may also petition to sponsor a foreign fiancé to come to
the U.S. for the purpose of marriage. This process begins by filing Form 129F, Petition for Alien
Fiancé, and it requires the securing of a non-immigrant K-1 visa. While there is no minimum age
to file a petition on behalf of a fiancé or spouse, the Affidavit of Support requires the minimum
age of 18 and residency in the U.S. An experienced fiancé visa lawyer can be invaluable in this
process.
Overview of the Family-Based Immigration Process
The rules and process of family-based immigration can be complex and confusing for a layperson. The process generally begins with the petitioner filing a Form I-130, Petition for Alien Relative, with the USCIS. When that form is accepted, a priority date is set for the application, essentially determining your place in line for approval.
Family members who are residing in their home countries will often need USCIS approval of
their application before they may obtain a visa to enter the U.S. Those who are already in the
U.S. in a lawful nonimmigrant status must apply for a change of status for permanent residency.
The sponsor will also need to file an Affidavit of Support, which is used to show they have
adequate means of financial support and are not likely to rely on the U.S. government for
financial support. Whether you already reside in the U.S. or are awaiting your visa abroad, you
will need to undergo an interview with the federal government.
In the case of a spouse visa, or marriage-based petition, if the sponsor and beneficiary have been
married for less than two years, then the immigrant spouse’s permanent residency will be
considered “conditional.” The spouses must apply together to USCIS to remove the conditional
status within the ninety days before the two-year anniversary of the immigrant spouse’s entry
into the U.S.
The process can be quite lengthy, sometimes taking several years. This is often because demand
for family preference immigrant visas is often high, exceeding the number of visas available, and
creating a backlog.
Fees Involved
According to the State Department, fees are charged for the filing of Petitions for Alien
Relatives, as well as processing an immigrant visa application. In addition, there are fees for the
required medical examination, vaccinations, translations, and obtaining essential documents. The
USCIS website provides a full list of filing fees.
Possible Complications
In addition to the complexity of the process, many family immigration cases are fraught with
issues that can complicate matters.
▪ It may be difficult to prove a familial relationship between the sponsor and the
beneficiary, necessitating additional proof and information
▪ There may be eligibility issues, such as a member of the family not being considered a
“preference relative”
▪ There may be inadmissibility issues, such as prior criminal convictions
▪ You may need to provide significant supplemental documentation, such as photographs,
originals of vital documents, or affidavits
▪ You might face unexpected questions or requests for information during your visa
interview, such as regarding your relationship in the case of a spouse visa
▪ You might need to overcome a prior rejection or denial of your immigrant visa
application
In the case of any of these issues, as well as many others, it may be increasingly difficult and
confusing to navigate the petition process on your own. Accounting for legal and technical
issues, it is in the best interests of many petitioners to retain the services of an immigration
attorney. Call our office at (904) 398-1992 or fill out a fast and convenient form to schedule a
free initial consultation!
Important Forms for Family-Based Immigration
▪ K-3 Visa: A spouse of a U.S. citizen who is the beneficiary of an I-130 petition filed by
their U.S. citizen spouse and who remains abroad may obtain a K-3 visa to allow their
spouse to come to the United States while they are awaiting a decision on the I-130
petition. The K-3 visa was intended to reduce the amount of time that a U.S. citizen and
their spouse would spend apart during the I-130 process. However, USCIS now generally
processes the I-130 petition in less time than the K-3, thereby reducing the need for the
K-3 visa overall.
▪ K-1 Fiancé Visa: The K-1 Fiancé visa allows U.S. citizens to bring their foreign fiancé to
the United States in order to get married. The U.S. citizen and fiancé must marry within
90 days of the fiancé entering as a K-1 non-immigrant. Once married, the U.S. citizen
may petition for the fiancé’s permanent resident status.
▪ I-601 / I-601A Waivers: When you are experiencing difficulties seeking lawful presence
in the U.S., you can appeal for leniency. Any potential immigrant, and some
nonimmigrants, who have been denied entry or an adjustment of status because of
specific inadmissibility reasons can apply for an I-601 waiver of inadmissibility. In other
cases, individuals who have eligible pending visa cases but have already been living in
the United States without lawful presence may be afraid to leave the U.S. for their visa
interview. If they qualify, these individuals can apply for an I-601A provisional unlawful
presence waiver before leaving the U.S. and avoid being banned from entering the U.S.
under USCIS’s three- or 10-year ban on re-entry.
▪ I-130 Family Petition and Immigrant Visa: United States citizens or permanent residents
who wish for their eligible relatives to immigrate to the United States as permanent
residents begin the first step of the permanent residence process by filing an I-130
petition. The I-130 petition can be filed for eligible relatives inside the United States or
those residing outside the United States. To complete the permanent residence process,
beneficiaries must either apply for adjustment of status inside the United States or an
immigrant visa at a U.S. consulate abroad.
▪ I-751 Removal of Conditions: Marriage-based applicants for permanent resident status
who were married to their spouse for less than two years at the time their permanent resident status is approved are granted permanent resident status on a conditional basis. Conditional Permanent Residents must then apply to remove the conditions on their permanent resident status in the 90-day period prior to expiration. USCIS seeks to confirm the continuation and bonafide nature of the marriage through the removal of conditions process and extensive documentation is required for the application.
▪ I-485 Adjustment of Status/Green Card Process: Adjustment of Status, also known as
“the green card process”, allows an applicant lawfully admitted to the United States to
change their status to permanent resident status. Applicants most commonly adjust their
status through a qualifying family member’s sponsorship, employment-based
sponsorship, or a self-petition. While an application for adjustment of status is pending,
an applicant can lawfully remain in the United States and may also be eligible for
employment and travel authorization.
How Can Nooney, Roberts, Hewett & Nowicki Help You
Our qualified and knowledgeable family immigration attorneys can help you navigate the family
immigration process. They will walk you through your options and help you determine the
correct process for your case.
▪ They will help you fill out the required petitions, obtain necessary documentation, and
ensure your filings meet all rules and requirements.
▪ They will help explain and decipher each action that a government agency takes in your
case.
▪ They will help you obtain any required supplemental documentation, such as supporting
documents to prove a valid marriage.
▪ They will represent your interests at hearings and in front of governmental agencies.
▪ They will help you prepare for your interview and represent you.
▪ Because the process can be complex and lengthy, retaining an immigration attorney can
help simplify and resolve some of the major legal and technical issues.
The family immigration attorneys at Nooney, Roberts, Hewett & Nowicki are adept at navigating
every facet of immigration law and related federal litigation. We offer comprehensive, unique,
and strategic solutions for our client’s immigration needs. We can provide consultations in
Spanish too! Call our office at (904) 398-1992 or fill out a fast and convenient form to schedule a
free initial consultation!
