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Most money awarded due to a lawsuit claim will be subject to taxes. The IRS is a governing
body that exists to collect taxes, and collecting taxes is what they do best! To ensure you are
following the tax codes and laws correctly, we suggest speaking with a professional accountant
as soon as possible, especially if you stand to collect a large, 6 or 7 figure settlement.
Settlement money and damages collected from a lawsuit are considered income, which means
the IRS will generally tax that money. However, personal injury settlements are an exception
(most notably: car accident settlements and slip and fall settlements are nontaxable).
Lawsuit settlements and damages can be arranged into two groups taxable and nontaxable. There
are exceptions to every rule, and each lawsuit claim is unique. Again, we suggest seeking advice
from an accountant where possible.
Remember, according to the IRS, gross income includes “all income from whatever source
derived.” This means almost every penny earned in a settlement is taxable, except personal
injury and physical injury 26 USC § 61(a).
NONTAXABLE LEGAL SETTLEMENTS
Physical Injury Awards
Physical injury awards are usually nontaxable. The IRS does not tax settlement awards from
personal injury lawsuits if these cases demonstrate “observable bodily harm.” So, if the injuries
are visible, the IRS considers compensation money awarded because of those injuries tax-free.
Do not include these settlements in the income section of your tax forms.
Car Accident Injury Settlements
Car accident injury settlements are almost always nontaxable. Any major claims a car accident
lawyer settles will almost always be nontaxable. Cases handled by personal injury lawyers are an
exception to any settlement awards that consider income. Remember, those fees can be taxed if a
lawyer chooses to work for contingency fees (where the attorney collects fees after winning a
case). However, that is not the case with car accident cases or other personal injury cases like
slip and fall or workers’ compensation. Those contingency fees will not be taxed!
Do not include these settlements in the income section of your tax forms unless you have also
incurred medical expense reimbursement from the previous year.
Medical Expenses
Medical expenses are nontaxable if no deduction was taken previously. Medical visits for emotional distress or physical injury are nontaxable if you did not take an itemized deduction for
these expenses in prior years. However, if you settle and are reimbursed for medical expenses
after taking a deduction in previous years, you will be required to pay a tax that year; this is a
specific IRS rule called the “tax benefit rule.” Include these reimbursements in the “Other
Income” section on line 21 of the 1040 Form.
Emotional Distress Awards
Emotional distress awards are nontaxable. Any settlement money received for emotional distress
is nontaxable if the distress or anguish originated from the physical injury or sickness caused by
the accident. However, remember that any medical expenses incurred will be subject to the rule
above, and deductions will be taxable when the settlement is reached. Any emotional distress
that is not caused by any physical injury from the accident will be taxable, so the distinctions
must be made.
TAXABLE LEGAL SETTLEMENTS
Punitive Damages and Interest
Punitive damages and interest are taxable. This is where things can get somewhat complicated.
Any pre-judgment or post-judgment interest on settlement money is taxable and may influence
taxes on some attorney fees. The same can be said for any punitive damages awarded. We advise
you to speak to a professional accountant as soon as possible.
Lost Wages
Lost wages are taxable. Lost wages are considered taxable because wages are income that would
have been taxed if they were received without interruption. Not only will income tax be added,
but these wages are also subject to Social Security taxes and Medicare taxes.
What to Know When Filing Taxes
According to the IRS, determining how to file for taxes when you receive compensation takes
the careful assessment. You need to identify how the settlement payment was processed to file
correctly. You can do so by reviewing court-related documents or other relevant documentation
of the settlement to figure out this information. It’s crucial whenever your personal injury case
has been settled, you keep track of all documents concerning the compensation payment and
make sure it doesn’t get lost.
The information needed about settlement payment:
▪ Was the payment placed as income, in whole or in part?
▪ Was the payment placed as wages, in whole or in part?
▪ Do you have the proper reporting requirement forms, 1099 or W-2?▪ Did you receive settlement check(s) or scheduled payments?
▪ What was the amount of legal fees paid?
It’s also important to keep in mind that if you have two claims against a defendant and settle for
both, indicate the amount for each. For example, if one claim is personal injury-related and the
other is a non-personal injury claim, one settlement is excluded from taxation while the other is
not. If you have no documentation about the amounts for each claim, the IRS will challenge the
non-taxability of the settlement. It is crucial to identify which settlement amount is personal
injury-related, mainly because that settlement will often be a more significant amount than the
non-personal injury claim settlement. When you settle your case with your attorney, you can
have the documentation specific to outline the different compensation amounts.
Should you have any questions or concerns, please do not hesitate to contact Nooney, Roberts,
Hewett & Nowicki at (904) 398-1922 today!
If you have slipped and fallen on someone else’s property, it may not have been “just” an
accident. Under Florida law, if the incident wasn’t your fault, and you sustained serious injuries,
you may be able to recover damages through a slip & fall lawsuit. You deserve justice when a
property owner’s carelessness led to your injury. However, sorting through all the legal jargon
can be confusing when you’re researching what to do next or are in the midst of a lawsuit and
discussing the case with your lawyer. In this article, we’ll define a few legal terms that injured
Florida slip & fall victims need to know so they can understand what their options are and win
maximum compensation!
Nooney, Roberts, Hewett & Nowicki has decades of combined experience on our team. All our
Florida personal injury lawyers have extensive legal knowledge, but we always communicate
with our clients clearly, on a level they can understand, to reduce confusion and empower them
to make informed choices about their case. If you’ve been wrongfully injured after slipping and
falling on someone else’s property, call our firm today at (904) 398-1992 to schedule a free
consultation and learn more about how we can help you!
“Premise liability claims”
”Premise” is another word for “property”, and “liability” refers to legal responsibility. Premise
liability claims refer to any cases where the owner of the property may be legally responsible for
someone who was injured on their property. Premise liability covers a wide range of case types,
including slip and fall cases, but also other claims including dog bites, swimming pool accidents,
elevator or escalator accidents, fires, and more. These types of lawsuits are slightly different
from other types of personal injury lawsuits, like car accident cases.
“Plaintiff” and “Defendant”
The plaintiff is the party that brings a lawsuit against another party. If you were the victim of a
slip and fall on someone else’s property, and filed a lawsuit, you would be the plaintiff. The
party you file the lawsuit against – the property owner, or the property owner’s insurance
company, or a third party – would be referred to as the defendant.
“Duty of care”
This is a very important legal term that injured Florida slip & fall victims need to know – it
refers to the property owner’s legal responsibility to make a reasonable effort to keep their
property safe for its visitors. The definition of “reasonable” is determined on a case-by-case
basis, but in order to recover monetary compensation for your injuries as a Florida slip & fall
victim, you must be able to prove that the property owner did not uphold their duty of care to you
(among other things). Property owners may owe a different duty of care to different visitors
depending on the situation.
“Negligence”
Negligence is what occurs when a property owner does not uphold the duty of care that visitors
are owed. They either created the danger and failed to correct it, or they knew about the danger
and failed to correct it. If negligence can’t be demonstrated, then the premises liability case is
likely to be lost; negligence is demonstrated when the plaintiff proves that the defendant owed
them a duty of care, that the defendant breached that duty of care, that the plaintiff suffered an
injury, and that the defendant’s breach caused the plaintiff’s injury. In premises liability cases,
“negligence per se”, which is different than ordinary negligence, may give plaintiffs a shortcut to
compensation; with negligence per se, the plaintiff only has to prove that the defendant violated a
public safety statute, that the plaintiff is a member of the group the statute protects, that the
plaintiff’s injury is one that the statute was supposed to prevent, and that the defendant’s
violation of the statute caused the plaintiff’s injury. (Basically, there was a rule broken, and that
is evidence enough of negligence).
To break that down in a way that may be easier to understand, imagine that you fell in a grocery
store that had a leak in the ceiling; it rained, water collected on the floor, the area wasn’t marked,
and you slipped, sustaining serious injuries. If the owner had known about the leak, or should
have known about the leak, then you can prove negligence – they owed you, as a shopper, a safe
shopping environment (duty of care), but they didn’t provide it (breach), and their actions led to
your injuries (negligence). There was no “rule” broken specifically, so you would need to prove
all of the above.
But imagine that you were hunkered down inside your apartment as a hurricane approached; the
winds tore the windowsills out, leaving you with injuries from debris. Florida building codes
strictly require all buildings to be “strapped” property, meaning that hurricane straps attach a
building’s windowsills to the structure to prevent that exact scenario from occurring. If the
building was not strapped properly, a rule was broken. You will only need to demonstrate that
the building was not strapped properly and that you were injured as a result to receive
compensation via negligence per se.
“Invitee”
There are three classifications of visitors who enter someone else’s property: invitees, licensees,
and trespassers. Each of these is a legal term that injured Florida slip & fall victims need to
know. An invitee is someone who has the landlord/property owner’s express or implied
invitation to enter the property. For example, if your boss hosts an office Christmas party and
invites all the employees and their spouses, they would be the invitees. Grocery shoppers are
considered invitees, as are park visitors. Invitees are owed the highest duty of care under Florida
law.
“Licensee”
Licensees have the landlord or property owner’s express or implied permission, but not invitation per say, to enter the property—they are visitors who come for their own purposes. For example,
a salesperson would be considered a licensee. They are not owed the same duty of care as an
invitee. The owner only must warn them about conditions that may not be obvious but does not
have a duty to maintain the premises for them.
“Trespasser”
A trespasser is a person who does not have a right to enter the property; they are owed no duty of
care by the landlord/property owner, except in cases when they had reason to believe they were
an invitee, or when the owner knew about their presence for more than 24 hours (making them a
“discovered trespasser”), or if they were children. Florida has an “attractive nuisance” doctrine
which makes property owners responsible for the deaths or injuries of any children on their
property who may be trying to get to their swimming pool, playset, or other “attractive
nuisance.”
“Statute of Limitations”
Perhaps the most important legal term that injured Florida slip & fall victims need to know is this
one! The statute of limitations is how long injured plaintiffs have to file a lawsuit against the
defendant. In slip and fall cases, the statute of limitations in Florida is four years from the date
that the incident occurred. If you miss this deadline, you will likely be unable to recover any
compensation at all. That’s why it is important to contact an attorney right away after an
accident! Do not wait!
Call Nooney, Roberts, Hewett & Nowicki Today!
Do you have questions about Florida slip and fall lawsuits? Call Nooney, Roberts, Hewett &
Nowicki for a free consultation at (904) 398-1992 today! Recovering compensation for slip and
fall injuries can be incredibly complex, which is you need the best, most aggressive
representation possible on your side. Our law firm is known for its aggressiveness and
determination, and you can trust us to fight relentlessly for what you deserve! Call today at (904)
398-1922.
Do you dream of becoming a naturalized citizen of the United States? Obtaining a green card is
the first step. People who have a green card are considered to have Legal Permanent Resident
(LPR) status. Every year, U.S. immigrants are granted lawful permanent residency with a green
card. Holders of this card have the constitutional right to work and reside in the U.S. and enjoy
privileges such as having a driver license.
In most cases, someone must file an immigrant petition as your sponsor. A sponsor could be an
immediate relative in the United States or even a potential employer. Although rare, there are
special circumstances where you can file your petition for and by yourself.
Why Hire a Green Card Attorney?
While this process may seem easy, there are often many problems along the way if one does not
hire a green card lawyer. A knowledgeable Jacksonville green card attorney at Nooney, Roberts,
Hewett & Nowicki could prove to be an invaluable asset. With decades of combined legal
experience, we know what works and what doesn’t. We are experts at navigating difficult
situations and encourage the process to move forward for you.
Call our green card lawyers at (904) 398-1992 today to schedule a free consultation. Se habla
Español.
Do I Qualify for a Green Card?
There are several ways one could apply for a green card and each comes with its specific
paperwork and process. A Jacksonville green card lawyer at our law firm can show you the best
route to take in your situation.
You can apply for a green card:
▪ Through family
▪ Through employment
▪ As a special immigrant
▪ As a victim of abuse
▪ As an applicant under the Diversity Immigrant Visa Program
▪ As a refugee
▪ As a victim of human trafficking
▪ As an asylee
▪ As an applicant under the Cuban Adjustment Act
▪ As a victim of a crime
▪ As a resident of the U.S. that has remained in the country since before January 1, 1972.
Obtaining a Green Card Through Family
1.To apply for a Green Card, you must be eligible under one of the categories below:
2.You may be eligible to apply as another relative of a U.S. citizen or relative of a lawful
permanent resident (under the family-based preference categories) if you are the:
a. Family member of a U.S. citizen
i. Unmarried son or daughter of a U.S. citizen and you are 21 years or older
ii. Married son or daughter of a U.S. citizen
iii. Brother or sister of a U.S. citizen who it at least 21 years old
b. Family member of a lawful permanent resident
i. Spouse of a lawful permanent resident
ii. Unmarried child under the age of 21 of a lawful permanent resident
iii. Unmarried son or daughter of a lawful permanent resident 21 years old or older
3.You may be eligible to apply as a fiancé(e) of a U.S. citizen or the fiancé(e)’s child if you
are the:
a. Person admitted to the U.S. as a fiancé(e) of a U.S. citizen (K-1 nonimmigrant)
b. Person admitted to the U.S. as the child of a fiancé(e) of a U.S. citizen (K-2
nonimmigrant)
4.You may be eligible to apply as a widow(er) of a U.S. citizen if you are the:
a. Widow or widower of a U.S. citizen and you were married to your U.S. citizen
spouse at the time your spouse died
5.You may be eligible to apply as a VAWA self-petitioner—victim of batter or extreme
cruelty if you are the:
a. Abused spouse of a U.S. citizen or lawful permanent resident
b. Abused child (unmarried and under 21 years old) of a U.S. citizen or lawful
permanent resident
c. Abused parent of a U.S. citizen
There are many steps to applying for a green card for a family member. Most of these steps are
to be completed by the “petitioner” or “sponsor.” Note: USCIS is short for United States
Citizenship and Immigration Services.
When the U.S. citizen files Form I-130 with USCIS, it lets them know that you wish to sponsor
an immigrant. It is required that you have a relationship with the immigrant by providing
documents such as birth or marriage certificate and proof of resident status. If you are a widow,
and abused spouse, or a child of a U.S. citizen, you may complete a self-petition with a Form I360.
It might take USCIS months or even years to approve the petition. If they approve it, the case
will proceed and the immigrant’s case file will be sent to the National Visa Center (NVC). If it is
denied, you can know why it was denied and if it is fixable, you can file a new petition.
If you are a preference relative (spouse or children of green card holders, or married children or
siblings of citizens), you are not eligible for a green card immediately. This is because there is an
annual limit on the number of visas that can be approved. The wait can take years and your spot
on the waiting list depends on when USCIS received your Form I-130 (also referred to as a
Priority Date).
When the petition is approved, the immigrant must apply for permanent residence, usually
through a U.S. consulate outside of the United States. The NVC and consulate will communicate
directly with the immigrant regarding additional documents, appointments, and interviews that
need to be completed. This is what is called “consular processing”. After everything is completed
without any issue, a green card will be sent within several weeks.
Obtaining a Green Card Through Employment
Getting a green card for employment involves the steps below:
▪ Permanent Labor Certification: 6 months to several years
▪ I-140 petition approval: an average of 4 months
▪ I-485 application approval: an average of 6 months
Since every case is unique, it may take longer or shorter. Altogether, it may take a few years to
obtain a green card; however, you may begin working in the U.S. through a temporary work visa
such as:
▪ B-1 Visa
▪ Investor visas
▪ H-1B Vis
▪ L-1 Visa
▪ Visa
▪ P Visa
▪ R Visa
People regarded as “special immigrants” include religious workers, special immigrant juveniles,
and international broadcasters.
For experienced guidance, call us at (904) 398-1992 to speak with a Florida green card attorney
in Jacksonville today!
Citizenship is a big step and can easily be repleted with obstacles. Pledging your allegiance to a
new country isn’t something to be taken lightly. With several intricate steps and many forms to
fill out, mistakes commonly happen in the naturalization process. Hiring a professional
citizenship lawyer can help you pass through the already-complicated government intricacies to
get you from your green card to citizenship as easily as possible.
If you have been a legal permanent resident (also known as “green card holder”) of the United
States and now thinking about obtaining U.S. citizenship, a Jacksonville citizenship lawyer can
help you determine if you qualify for U.S. naturalization and guide you through the process.
What is U.S. Citizenship?
Acquiring U.S. citizenship is much more than earning a certificate, it is a perspective that is
strongly focused on freedom and equality. The step from green card ownership to citizenship
provides much but also requires much, so be sure to consider what will be required of you before
starting your application process.
Being a U.S. citizen earns you many benefits and rights such as the freedom of speech and
religion as well as the right to vote, run for election, protection from deportation, priority benefits
when sponsoring family members for green cards, and a domestic trial by jury to name a few.
On the other hand, becoming an American citizen also comes with obligations every citizen
needs to fulfill such as paying taxes, participation in the democratic process of voting, answering
jury summons, and obeying state and local laws.
If these are the duties you are willing to fulfill, the next step is to determine if you are
prequalified to apply for naturalization.
Law enforcement officers in Florida must treat everyone fairly, regardless of race, ethnicity,
national origin, or religion. This article will give you information in case you have contact with
the police, immigration agents, or the FBI, and helps you understand your rights. The following
information is not intended nor a substitute for legal advice.
Your Rights
You have the right to remain silent under the Fifth Amendment of the United States Constitution.
You do not have to answer questions about where you were born, whether you’re a U.S. citizen,
or how you entered the country. (Separate rules apply at international borders and airports.)
You are only expected to identify yourself to Florida law enforcement officers (police officers
and Sheriff’s deputies, not immigration or FBI agents) when you are stopped on suspicion of a
crime or a traffic violation. If you don’t have identification documents, you may choose to
remain silent.
You have zero obligation to provide your name or “show your papers” to an ICE officer for any
reason.
If you choose to volunteer information about your legal immigration status (i.e., “I am a
permanent resident” or “I am here on a temporary visa,”), you have the option to only do so
when you are carrying your papers and ready to show them.
Your Responsibilities
If You are Stopped and Questioned
Keep calm. Do not run. Do not argue, resist, or obstruct the officer, even if you are innocent and
the police are violating your rights. Always keep your hands where the officer can see them.
Ask if you are free to leave. If the officer says yes, move calmly and quietly. If you are arrested,
you have the right to know why.
You have the right to remain silent and cannot be punished for refusing to answer questions. If
you want to remain silent, tell the officer out loud. But note that you are expected to identify
yourself to Florida law enforcement officers when you are stopped on suspicion of a crime or a
traffic violation.
You are not required to give permission to have your person or belongings searched. Officers can
search your person if they suspect you have a weapon. You must not resist physically, but you
have the right to refuse a search. If you consent, this can harm you later in court. In conclusion, it
is best not to consent to a search.
If You are Stopped in Your Vehicle
Stop the vehicle in a safe place as soon as possible. Turn off the car, turn on the interior light,
open the window a little and place your hands on the steering wheel. If you are requested, show
the police your driver's license, registration, and proof of insurance. If you are not in possession
of the required documents, you may choose to remain silent.
If an officer asks to search the inside of your car, you can deny this request. However, if the
officer believes that your car contains evidence of a crime, they can conduct a search without
your permission.
Both the driver and passenger(s) have the right to remain silent. If you are a passenger, you can
ask if you are free to leave. If the officer says yes, remain seated in silence or leave calmly. Even
if the officer says no, you have the right to remain silent.
If the Police or Immigration Agents Arrive at Your Home
If officers arrive at your house, you do not have to let them in unless they have certain types of
court orders.
Ask the officer to pass the court order under the door or hold it at the door window for you to
review. A search warrant allows law enforcement officers to enter the address indicated in the
order, but officers can only search the area for the items that are mentioned in the order. An
arrest warrant allows officers to enter the house of the person indicated in the order if they
believe the person is inside. Deportation/removal orders and "ICE warrants" do not allow
immigration agents to enter your home without your permission.
Even if the agents or officers have a court order, you have the right to remain silent. If you
choose to speak with them, leave and close the door.
If You are Arrested
Do not resist arrest, even if you think it is an unfair arrest.
Say you want to remain silent and ask for a lawyer immediately. Do not give any explanation or
pretext. If you cannot pay for a lawyer, and you have been arrested on suspicion of a crime, one
will be provided for you. If you have been arrested for immigration/deportation proceedings, a
lawyer will not be provided, but you have the right to hire a lawyer; ask to call our offices at
(904) 398-1992. Do not say anything, sign anything, or make any decision without one of our
lawyers.
You have the right to make one local call. Law enforcement officers may not listen to your
conversation if you request to call a lawyer unless you consent; if you are being held for
immigration/deportation proceedings, ask explicitly for a phone that is not monitored. Then
proceed to call our office immediately.
Prepare yourself and your family in case you are arrested. Memorize the phone numbers of your
family members and our office. Make emergency plans if you have children or need to take
medication.
Considerations for Noncitizens
Ask our lawyers at Nooney, Roberts, Hewett & Nowicki about the impact on your immigration
status, if you receive a criminal conviction or are considering pleading guilty to the charges.
And remember, DO NOT talk about your immigration status with anyone except our legal team.
Any information you give to us is considered attorney-client privilege (cannot be used against
you in court).
Call Our Immigration Experts at Nooney, Roberts, Hewett & Nowicki Today
Call us at (904) 398-1992 if you or a loved one is currently experiencing immigration issues. It is
important to get representation from an attorney immediately. The longer you wait, the more
difficult your case may get. We will be awaiting you call!
If you’ve been injured in a car crash, is it worth it to hire a car accident lawyer? There’s a longer
answer to that popular question, but we believe that the simple answer is yes!
Because we are car accident attorneys ourselves, we understand that sounds biased. However, we
also know better than other sources how we can help car accident victims and how the process
works. There are many reasons why we would contend that it is worth it to hire a car accident
lawyer if you’ve been injured in most situations, even if you don’t hire our firm (though our
award-winning representation is a compelling reason to do so).
If You Were Injured
Hiring a car accident lawyer is only the first step if you have been injured in a car accident, and
specifically, a car accident that wasn’t your fault. Here’s why: If you weren’t injured in a car
crash, you don’t need compensation. Your insurance will likely take care of the damage to your
car, if there is any (if you weren’t injured, there may not be), without issue, and it should be
relatively easy to work with them. You can continue with your life as normal, even if you have to
make alternative transportation arrangements temporarily. Other than partially paying for vehicle
repair or replacement, you won’t have other bills; the accident will be an unfortunate and perhaps
scary event, but nothing more.
On the other hand, if you were injured, the accident becomes a devastating life interruption.
Depending on the extent of your injuries, you could incur hundreds of thousands of dollars in
medical bills and treatment costs. You might need to take weeks or months off work without pay.
You might be in pain for weeks, months, or the rest of your life. You may need to undergo
expensive physical therapy or chiropractic care regularly. You may be unable to participate in
activities you once enjoyed or cancel travel plans. You may become permanently disabled. You
may experience mental suffering in the form of PTSD or anxiety and require professional
counseling.
The insurance company of the person who hit you, or your own insurance company, should
cover these costs. However, when faced with medical bills, insurance companies are notorious
for attempting to compensate victims with as little as possible to keep more money in their own
pockets. It’s not fair, and you shouldn’t settle for it—indeed, you may not be able to afford to not
be paid the full amount that your injuries were worth if you don’t want to go into debt or forgo
necessary medical treatment. Hiring a car accident lawyer gives you the best chance at
recovering maximum compensation, which brings us to our next three reasons why it is worth it
to hire a car accident lawyer if you were injured.
“Worth” in Terms of Cost and Compensation
Many people think that it might not be worth it to hire a car accident lawyer because the cost of hiring a lawyer would be more expensive than just dealing with an insurance company on their own or paying for the costs of the accident on their own, but that’s actually a misunderstanding. Car accident lawyers are actually—in one sense—free! It’s worth it because it doesn’t cost you anything out of your own pocket.
The overwhelming majority of car accident attorneys charge clients on a contingency fee basis.
This means that clients don’t pay anything upfront at all. If the lawyer wins the case and recovers
a monetary settlement, they are paid as a percentage of that settlement amount. If they do not
win, the client does not have to pay their legal fee.
Think about this in terms of worth. At Nooney, Roberts, Hewett & Nowicki, we frequently
recover million or multi-million-dollar settlements for our clients, but even if your case only
yields tens of thousands, that’s still money that you get to keep that you would not have achieved
otherwise without a lawyer’s help. Litigation in car accident cases can take years, but you don’t
have to pay anything until you win. You also have the peace of mind that your lawyer is
incentivized to recover as large of a settlement as possible because their percentage value will be
higher, but then so will yours; it’s a win-win situation.
“Worth” in Terms of Stress and Effort
How much is your time worth, particularly after an accident, when you are resting and healing
from your injuries? Is it better to call the insurance company and wait on hold, then have to
answer questions and provide them with information, then wait for them to call you, then spend
more time on the phone or over emails arguing with them about what you deserve to be paid? Is
it better to be stressed and lose sleep about how you are going to pay the medical bills piling up?
Or is it better to work with an attorney who can take care of communicating with the insurance
company and filling out the paperwork? Having a car accident lawyer on your side means that
they handle everything for you. You can relax knowing that they are good at what they do and
have successfully recovered damages for victims like you before. Peace of mind isn’t necessarily
priceless, but it’s definitely worth it to hire a car accident lawyer for that reason. Call our offices
at (904) 398-1992 today!
“Worth” in Terms of Dignity and Justice
Having a lawyer doesn’t always mean that the guilty party will have to admit wrongdoing, but it
can give you a sense of closure that you might not otherwise have if you don’t take legal action.
You can have confidence that you gave yourself the best chances at achieving real justice in the
form of monetary compensation when you trust an attorney to fight on your behalf. To many
people, that’s worth it!
Call Nooney, Roberts, Hewett & Nowicki for a Free Consultation
Nooney, Roberts, Hewett & Nowicki has recovered millions of dollars for injured accident
victims. We have over 35 years of experience and are dedicated to winning! If you’ve been
injured in a collision, we offer free consultations so you can discuss your case with us and ask us questions without any obligation or risk. Call (904) 398-1992 today to learn more about how we
can assist you!
Every single personal injury claim is unique, and no two claims are exactly alike. A major
difference is how much you may be entitled to in a settlement. In some cases, little damage is
involved. As a result, the monetary amount for such settlement would be relatively low.
Contrarily, some personal injury cases involved hundreds of thousands or even millions of
dollars in damages.
Many plaintiffs fail to realize how much their claim is truly worth. Hence, why it is very
important to contact a Jacksonville personal injury attorney to discuss your case. The attorneys at
Nooney, Roberts, Hewett & Nowicki can help you answer the following questions and concerns
to determine how much money you should demand for in your personal injury claim:
▪ What are my economic damages?
▪ What are my non-economic damages?
▪ How severe are my injuries?
▪ Who is liable or at fault for the accident?
▪ What are the insurance policy limits?
Your Economic Damages
When we mention economic damages, we refer to the losses from the accident of injury with a
definite monetary value. Economic damages are the foundation of most personal injury claims
and subsequent settlements. Your personal injury settlement should furnish adequate
compensation for the following economic damages:
▪ Medical expenses, including current medical bills and any care that you will need in the
future
▪ Lost wages
▪ Any other out-of-pocket expenses you incur as a result of your injuries, such as the cost
of traveling for medical treatment, personal household care, assistive devices, etc.
Receipts, bills, and other documents provide important evidence of the economic damages in
your personal injury claim. Make sure to conserve them and all paperwork that establishes a
financial loss.
Your Non-Economic Damages
Personal injury victims who handle cases on their own are oftentimes unaware of the full extent
of damages to which they are entitled to. Many of them are not aware that there are other types
of damages that are also compensable in personal injury claims, such as non-economic damages.
As the word infers, non-economic damages do not correspond to actual economic losses. Instead,
they represent the negative impact an accident or injury has on your well-being and quality and
enjoyment of life. Examples of non-economic damages include:
▪ Pain and suffering—the mental toll of physical and psychological trauma
▪ Emotional distress
▪ Disability
▪ Disfigurement and scarring
▪ Loss of consortium—the right of companionship with one’s husband or wife
There is no one-size-fits-all equation for calculating non-economic damages. Insurance
companies often take advantage of this, making extremely low settlement offers or offering no
compensation at all.
If the insurance makes a low settlement offer, it is time to contact a personal injury lawyer.
Knowledgeable attorneys, such as Nooney, Roberts, Hewett & Nowicki’s legal team of experts,
can examine all the evidence and gather expert testimony supporting your claim.
Seriousness of Your Injuries
You only get one chance to resolve your personal injury claim. If you accept a settlement and the
amount doesn’t ultimately cover your losses, you will not be able to pursue additional
compensation.
A very important consideration is how the injury sustained will affect your life in the long term.
A rule of thumb is: The more serious the injury, the more serious the impairment and the longer
it (and the subsequent damages) will last.
Therefore, it is imperative to collect evidence that proves the seriousness of your injuries. This is
especially true if you were injured in a motor vehicle accident because suffering a serious injury
is a necessary condition for bringing a claim.
Strong and compelling evidence of serious injury and long-term or permanent disability is
crucial for negotiating a fair and equitable personal injury settlement. Without evidence, the
insurance company is likely to make a very low offer or even deny your claim.
Who is at Fault for Your Injuries?
Florida has implemented a comparative negligence statute for personal injury claims. The law
allows claimants (or plaintiffs) to recover compensation even if they are partly responsible for
the injury or accident but reduces damages according to their level of fault.
If you are accused of having partial fault, it can lead the insurance company to offer a low
settlement or even dispute liability for your injuries. If the evidence shows that you are partially
at fault, you may be forced to settle for less. However, if you are not at fault and the insurance company is simply trying to avoid paying what you are owed, it is important to hire our law firm to fight for all the compensation you deserve.
Never commit the mistake of admitting fault or apologizing for an accident. Such an admission
can be difficult to overcome, even if your lawyer obtains evidence showing that the opposing
party in your case is to be at fault.
Your Insurance Policy Limits
Virtually every personal injury claim will involve negotiating with an insurance company.
Whether it is a claim against the at-fault party’s auto insurance, residential or commercial
property insurance, or general liability insurance, one fact remains the same: Insurers will not
offer to settle a claim beyond the insured’s policy limits.
However, if your losses exceed the available insurance coverage, the carrier is not necessarily
“off the hook.” You are still entitled to compensation for the damages you have sustained, but
you may need to file a lawsuit and go to court to get the full amount you deserve.
Contact Our Personal Injury Attorneys Today
If you try to handle a personal injury claim on your own, you are at risk of sabotaging your
personal injury claim. Hiring an experienced team of attorneys is essential for maximizing the
compensation you deserve.
At Nooney, Roberts, Hewett & Nowicki, our aggressive attorneys are committed to pursuing full
compensation for your personal injury damages. We are often able to negotiate fair settlements
on behalf of our clients, but we never hesitate to take a case to court if it means achieving a
superior outcome for you.
Please contact Nooney, Roberts, Hewett & Nowicki by calling (904) 398-1992 to speak to a
personal injury lawyer that serves clients in Duval County including Atlantic Beach,
Jacksonville, and Jacksonville Beach; Clay County including Green Cove Springs, Keystone
Heights, Lakeside, Middleburg, and Orange Park; Flagler County including Palm Coast; Nassau
County including Callahan, Fernandina Beach, and Yulee; Putnam County including Interlachen
and Palatka; and St. Johns County including Fruit Cove, Palm Valley, Ponte Vedra Beach, St.
Augustine, and St. Johns.
Your initial consultation is free. Take advantage of it!
If you received injuries in a slip and fall accident in Florida, it is crucial to know what slip and
fall laws apply in the case. You need to know what laws apply to know if you have a case,
whether you will need a Jacksonville slip and fall lawyer, and what you can expect to win.
Florida’s slip and fall laws are partly created by the legislature and partially created by the courts
through case law or precedent. This article will discuss what you need to know about Florida slip
and fall laws.
What are the Slip and Fall Laws of Florida?
Florida’s slip and fall laws are Florida Revised Statutes 768.0755. This statute states that the
victim must prove that the business failed to remedy a dangerous condition to win a slip and fall
lawsuit. The victim must also show that the business had actual or constructive notice of the
dangerous situation. Florida law allows the victim of a slip and fall to recover for economic and
non-economic damages, including medical bills, lost work, and pain and suffering.
Florida’s slip and fall laws are somewhat complex. Florida is one of the few states with detailed
written slip and fall laws passed by the legislature. The laws state exactly what a victim needs to
prove to win his or her case.
What You Need to Prove to Win a Slip and Fall Case in Florida
Under the laws of Florida, to win a slip and fall case, you must prove the following:
▪ You slipped on a substance
▪ The fall occurred on another person’s property
▪ The substance created a dangerous condition
▪ The property owner or manager had actual or constructive knowledge of the dangerous
condition
▪ The property owner or the manager should have fixed it
▪ The property owner or the manager didn’t fix it
Florida’s law explains that there are several ways you can show that the property owner knew or
should have known about the dangerous condition. First, you can show that the dangerous
situation existed long enough that the owner should have found it. Second, you can show that the
dangerous condition occurred repeatedly so the property owner should have known about it for
that reason. Third, you can show that the property owner knew about the dangerous condition
and had a reasonable amount of time to fix it.
Florida’s Common Law
The written slip and fall laws enacted by the legislature in Florida are not complete. No written
law could ever cover every possible factual situation that could arise in a case. That makes it
essential to keep Florida’s common law in mind when you evaluate any slip and fall case.
Common law is the law created by judges as the issues arise during cases. The common law adds
specifics like what types of damages you may recover from a slip and fall case. It also explains
in detail the statutory law over time.
Florida’s slip and fall statutes are relatively new. So, as you read Florida’s court opinions and
dispositions and compare them to your case, remember that a case may not still be relevant.
While some court opinions are still good law, other cases are outdated and no longer applicable.
That’s why it is important to contact a Florida personal injury attorney to review your case and
do the research for you. Our experienced attorneys at Nooney, Roberts, Hewett & Nowicki can
help you with the legal intricacies no injury victim would want to go through alone. Call our
office at (904) 398-1992 to schedule your free consultation.
Statute of Limitations for Florida Slip and Fall Cases
According to Section 95.11(3)(a), Florida Statutes, the statute of limitations for a slip and fall in
Florida is four years. That means that the victim of a slip and fall in Florida has four years from
the date of the incident to bring their claim. This law applies to all negligence personal injury
claims in Florida, which includes slip and fall cases.
Filing a Lawsuit
Filing a lawsuit for a slip and fall in Florida begins with a summons and complaint. The
complaint must state the facts of the case and state that the case is based on Florida’s personal
injury negligence laws. It’s up to the victim of the injury, also called the plaintiff, to initiate the
lawsuit. A plaintiff initiates the lawsuit by filing their claim in the court of their corresponding
jurisdiction by the statute of limitations deadline. To file a slip and fall lawsuit in Florida, the
plaintiff submits their summons and complaint to the appropriate court and pays the filing fee.
Comparative Negligence Slip and Falls
Another important part of slip and fall laws in Florida is the concept of comparative negligence.
Comparative negligence is the legal concept that you can share fault for a slip and fall in Florida.
The law recognizes that sometimes, both the property owner and the victim can have some
responsibility for the accident. Fortunately for slip and fall victims, the law still allows you to
recover something even if you’re partially at fault for an accident.
For example, you might slip and fall by tripping over an object that shouldn’t have been in your
path. But you might have been running in a place where you should have been walking instead.
In that case, Florida law still allows you to collect compensation for the slip and fall. However,
your compensation may be reduced because of your shared responsibility for the slip and fall.
Section 768.81, Florida Statutes, is the comparative negligence law that applies to slip and fall
cases.
Contact Our Jacksonville Slip and Fall Lawyers
If you’ve been hurt in a slip and fall accident, the Nooney, Roberts, Hewett & Nowicki legal
team can help you understand Florida’s complex laws. Our team has the legal training to
understand the laws that apply to your case. We can help you determine what you need to prove
to win your case. Our team can take all of the necessary steps on your behalf to ensure that you
receive the fair and equitable compensation that you deserve.
A slip and fall case is complex, but you deserve justice. Come see why hundreds of satisfied
clients have relied on Nooney, Roberts, Hewett & Nowicki to get the compensation they deserve.
Call us today at (904) 398-1992 for your free consultation.
When people in Florida are injured in slip and fall accidents or otherwise suffer injuries is
someone else’s property, they will likely have actionable premises liability claims against the
property owner or person overseeing such property. In premises liability claims, a type
of personal injury claim, people may pursue action against a property owner or property manager
if they are injured in some way by a dangerous condition on the property. To have a successful
premises liability claim in Florida, people asserting these claims must prove certain factors,
which are outlined in Florida law. This article will discuss the elements one must prove to bring
a successful premises liability claim in Florida.
Negligence Action in Premise Liability Claims
Premises liability claims are considered a specific form of negligence in the State of Florida.
Florida law states that the substance of an action determines whether an action is a negligence
action.1 This means that to win a premises liability claim, you are required to prove all four
elements of a negligence action:
In Florida, all four of the elements must be proven by a preponderance of the evidence to have a
successful premise liability claim. In other words, to obtain a successful premises liability claim
in Florida you must present evidence that shows it is more likely than not that the property owner
or manager owed you a duty of care, breached this duty, and you suffered physical or other
economic injuries because of this breach.
Duty of Care
In the Sunshine State, property owners and managers do not owe every person that enters into
their property the same duty of care. Instead, the duty of care owed to a person that enters the
property is determined by the person’s reason to be on the property. People who enter another
person’s property are generally classified as invitees, licensees, or trespassers to determine the
duty of care owed to them. Invitees are people who enter another person’s property for some
legitimate business purpose. Normally, people are considered invitees when they are customers
of a store or when they are clients of a business. Licensees are people who enter another person’s
property, with the permission of the property owner or manager, for a social purpose. Licensees
are typically house guests or social guests on the property to attend events like a birthday party
or a cookout. Trespassers, on the other hand, are those that enter another person’s property
without permission to do so.
Per Florida law, property owners and managers owe their invitees the highest duty of care. More
so, property owners and managers owe invitees a duty of care to keep the premise safe, which
includes inspecting the property regularly and either repairing or warning invitees of any
dangerous conditions that they know or should have known to exist on the property.
Additionally, property owners and managers owe licensees the second highest duty of care.
Under Florida law, property owners and managers owe licensees a duty to keep the premises
reasonably safe, repair unsafe conditions, and alert licensees of any known dangers on the
property. This duty of care is lower than that owed to invitees because property owners only
need to warn licensees of dangerous conditions they knew about whereas property owners must
warn invitees of dangerous conditions they both knew about or should have known about.
Because trespassers do not have permission to be on the premises, they are owed the lowest duty
of care. According to Florida law, all property owners or managers must exercise reasonable care
to prevent reckless or intentional injury to trespassers when they are on the property.
Because property owners and managers owe different duties of care to individuals depending
upon an individual’s categorization as either an invitee, licensee, or trespasser, an individual
must prove that he or she fits into one of these categories. To do so, the individual may testify as
to why he or she entered the property, have physical evidence such as a promotional flyer or an
invitation which can show that he or she is either an invitee or licensee, or present testimony of
other people who can testify that he or she was on the property for a particular purpose. Note
that, because trespassers are owed the lowest duty of care, it is best to try to prove that you were
either an invitee or licensee when you suffered your injuries.
Breach of Duty of Care
Once it has been established that you are either an invitee, licensee, or trespasser, you must prove
that the property owner or manager failed to exercise the duty of care owed to you. If you are an
invitee, this can be proven by showing that a store had a practice of failing to regularly inspect
the premises and repair dangerous conditions on the premises. Obtaining policy and procedure
manuals, video surveillance footage, and eliciting the testimony of store employees as well as
certain expert witnesses to show that either the store’s policy and procedures were not being
followed by the property’s staff members or that the policy and procedures were flawed will
likely show that the property owner or manager breached the duty of care owed to you as an
invitee.
If you are considered a licensee, presenting photographs of the condition that caused your
damages and testimony from yourself, the property owner, and other guests may establish that
the property owner breached the duty of care owed to you.
If you are considered a trespasser, showing that the property owner intentionally placed a
concealed or hidden dangerous condition on the property through your testimony, the owner’s
testimony, and photographs of the condition may establish that the property owner breach the
duty of care owed to you as a trespasser.
Causation
Whether you are an invitee, licensee, or trespasser, proving that a dangerous condition on the
property caused your injuries in a premises liability claim in Florida can generally be done the
same way. First, you may present your testimony that you encountered a dangerous condition on
the property, and, thereafter, suffered an injury. Second, you may present testimony of
eyewitnesses who observed the injuries occur because you encountered the dangerous
conditions. Third, you may present video surveillance footage that shows the events leading to
your injury. Fourth, you may present evidence such as medical records to show that you sought
medical attention immediately after the incident involving the dangerous condition occurred. The
short period between seeking medical attention for your injuries and you coming into contact
with the dangerous condition on the premises is circumstantial evidence that determines the
dangerous condition on the property (and nothing else caused) your injuries.
Damages
Alike proving causation, proving that you suffered damages as a result of being injured by a
dangerous condition on another person’s property can be done the same way regardless of
whether you are considered an invitee, licensee, or trespasser. Presenting evidence such as
photographs of your injuries, medical records documenting your injuries, medical bills you
incurred because of your injuries, and testimony of yourself and your treating physician can
determine the extent to which you suffered a physical injury because of a dangerous condition on
another person’s property. Moreover, if your injuries inhibited you from working, presenting
leave and earning statements and documentation establishing how many days you missed work
may be enough to establish that, apart from suffering physical injuries, you suffered lost wages.
Contact a Jacksonville Personal Attorney to Discuss your Case
Did you sustain serious injuries while on another person’s property in Florida? Do not wait any longer to get the right representation you deserve! Contact our attorneys at Nooney, Roberts, Hewett & Nowicki today. Call (904) 398-1992 to schedule a free consultation.
Slip and falls are some of the most frequent accidents in the world. They are the major reason
behind worker compensation claims and, after car accidents, the largest segment of personal
injury claims. They occur on icy sidewalks, broken staircases, in malls, department stores,
airports, offices, and infinitely more places. Anyone and everyone are vulnerable to becoming a
victim of a slip and fall accident.
Causes
It does not mean much how many safety measures are in place; there is still the risk of slip and
fall accidents. This is proven every day as slip-and-falls result from:
While slip and falls are not always the result of negligence, vigilance does not negate
responsibility.
What to Do After a Slip and Fall
Should you ever slip and fall at work, while shopping, or in a public place, report the accident
right away, to a manager or employee. This should be done even if you do not feel you have
been injured. A report is especially important for employees that may need it to apply for
benefits.
Injuries related to a slip and fall may not be evident. Adrenaline can mask pain. It is not unusual
for someone to wake up the following morning or even the next week and find themselves
experiencing pain. Should you find yourself in pain, get in touch with the person you reported
the incident to and seek medical attention. Employees will likely be referred to a specific medical
professional or facility. Get medical attention as soon as possible, especially as it could help
expedite a worker’s compensation claim.
Determining Fault in a Slip and Fall
The best way to establish accountability for any injury that results from a slip and fall is by
consulting with a slip and fall attorney. They will thoroughly investigate the incident for the
following:
Once your injury lawyer completes their investigation, they can advise on your next step. If the
property owner is proven he/she is at fault, you could be legally entitled to compensation for
amassed expenses related to the injury, as well as remuneration for pain, suffering, and lost
wages.
If you have been injured in a slip and fall or if you believe you have not been adequately
compensated by your employer after a slip and fall, speak with one of our team members at
Nooney, Roberts, Hewett & Nowicki by calling us today at (904) 398-1992. We can help you
determine what your legal recourse is.
Difference Between Slip and Fall and Trip and Fall
The terms “slip and fall” and “trip and fall” are often used interchangeably. Most people believe
that a fall is a fall. However, the terminology used to describe your claim can make the
difference if your case is rewarded damages or dismissed from the courts.
Falls are one of the leading causes of unintentional injuries in the United States, accounting for
millions of visits to emergency rooms. These accidents can be debilitating for those sustaining
serious injuries. Additionally, whether you slip or trip, there is a marked difference in how your
injuries present. Below is a brief breakdown of the difference between slip and fall and trip and
fall claims.
Slip and fall constitute the following:
In slip and fall cases, typically the victim falls due to a loss of traction or friction with the
ground. This is demonstrated by a wet or slippery surface, such as after a spill or leak. Injuries
typically sustained in a slip and fall accident present on the back of the body since a victim is
more likely to fall backward in a slip and fall accident. These injuries present as trauma to the
back of the head, neck, and back. Additional injuries can happen to the hips and legs.
In slip and fall cases, the plaintiff must prove that the property owner was negligent in the
upkeep of their property. Gathering evidence that the property owner was aware of the spill and
purposely did not make a reasonable attempt to clean the spill is the hallmark of these claims. If
you have sustained injuries from a slip and fall, gathering evidence is key to proving your claim.
Evidence can be as simple as taking a picture of where the accident happened, your injuries, and
contacting eyewitnesses to gather their information
Trip and Falls constitute the following:
In trip and fall cases, the victim’s momentum is thrown out of balance by colliding with an
object. In trip and fall accidents, the victim collides with an object throwing the victim offbalance, typically in a forward motion. Injuries from trip and fall accidents present as trauma to
the face, front of the head, arms, hands, and knees.
Trip and fall accidents are similar in slip and fall accidents because the burden of proof is again
on the plaintiff. In trip and fall accidents, the plaintiff must prove that the actions of the property
owner were negligent and resulted in the trip and fall accident.
There are crucial steps you should take if you have been involved in a trip and fall or slip and fall
accident:
How Long Does It Take to Settle a Slip and Fall Lawsuit in Florida?
A slip and fall accident can impact a person’s life for the worse. That is why one of the most
common personal injury questions is, “How long will it take for the case to settle?” Every case is
unique, so it is not possible to provide an exact answer to that question.
A personal injury law firm will analyze your case and provide you with the appropriate time
frame as follows:
The First Steps
You will have to take the two most important steps before you even contact a personal injury law
firm: Gather the evidence and get medical attention. If you fail to do either one of these, unfortunately, you may not be able to file a claim. Your medical records will serve as evidence that you were injured. The evidence will be used to document exactly how you received the injuries.
After you have gathered the evidence and obtained the medical attention that you needed, you
will need to call a personal injury law firm. A lawyer will be able to give you a timeline after
looking at your medical records and the evidence.
In most cases, the attorney will negotiate with the insurance company to come up with a
settlement. For example, if you filed a car accident claim, then the attorney will work with the
auto insurance company. If you were hurt on someone’s property, then the attorney will work
with the property owner’s insurance company.
A lawsuit will have to be filed if a settlement cannot be reached. This often happens in serious
accidents when the person’s injuries cost more than what the insurance company is willing to
pay.
The Pretrial Phase
The purpose of the pretrial phase is to find out as much information as possible about the
accident. Attorneys will exchange all the important information and details. A settlement can be
reached, which will prevent the case from having to go to trial (court).
The case will have to go to trial if a settlement cannot be reached. The court will set the trial
date. A case may be settled in just one day, or it may go on for several months. The losing party
can prolong the case by filing an appeal.
While most personal injury cases are settled by negotiation, some may complicate themselves
and take longer to settle. That is why you need to have the right attorney to represent you.
At Nooney, Roberts, Hewett & Nowicki, we give you the representation you deserve. You will
receive small firm attention with big term results. Call us today to schedule a free consultation at
(904) 398-1992.
