Fall at a Supercenter

The lawsuit was filed October 30, 2018 against Wal-Mart Stores, LP, and alleges that the plaintiff fell because Walmart allowed a dangerous condition to exist in the vicinity of the infant department.

Specifically, plaintiff Heather Phinney alleges that she tripped and fell because of a worn and raised floorboard. After falling, Phinney claims she struck her head, suffering severe injuries, pain and suffering, and mental anguish. She also incurred sizeable medical bills to pay for her treatment.

The plaintiff has asked for more than $15,000 in compensation and is seeking court costs and attorney fees. She has also asked the court for a jury trial.

The Big Box Difference

Bringing a lawsuit against a giant corporation like Walmart can be an unnerving experience for the average person. For one thing, Walmart has an entire corporation focuses solely on handling lawsuits—Claims Management, Inc., called “CMI.” This company’s primary person is to make sure that Walmart pays out as little as possible to injured victims. In fact, this is how CMI justifies its existence. If it were not reaping tangible benefits for Walmart, it wouldn’t exist.

CMI’s representatives can be very aggressive and may make claims that don’t stand up to scrutiny. For example, your rep might say that you are legally required to give a recorded statement. The truth is much more complicated—you will probably need to give a statement to the company, but you can do it on your own terms. CMI doesn’t have a right to tell you when and where to give a statement, and we always advise injured victims to hire an attorney before speaking to the company.

Get Evidence

Walmart will also aggressively investigate a claim to determine whether they can deny responsibility. Like all businesses, Walmart owes its customers a duty to keep the property reasonably safe, but it is up to you to document the hazard that caused you to slip and fall.

If possible, take a picture immediately after falling. For example, if you slip on freshly mopped floors, take a picture of the water on the ground, as well as the absence of any sign or warning. If you are too injured, ask someone else to take the pictures for you. Getting documentary proof of the hazard can prevent Walmart from fixing the dangerous condition and then denying it ever existed.

Get Someone in Your Corner

The smartest choice you can make if you slip and fall in Walmart or another store is to hire an experienced lawyer as soon as possible. At Bundza & Rodriguez, our Volusia County personal injury lawyers have gone up against some of Florida’s largest corporations. We are not afraid to sue, and we take pride on maximizing the amount of compensation our clients can receive.

Contact us today to schedule your free consultation by calling 386-252-5170.

Resource:

flarecord.com/stories/511627446-wal-mart-customer-alleges-store-s-negligence-caused-her-to-fall

Outside Lights Catch on Fire

Even if you don’t engage in competitive decorating, you might still put a few strings of lights up outside. Remember to use a proper extension cord, if necessary. Extension cords that you would use inside are not appropriate for outdoor use since they are not waterproof and can catch on fire. Instead, get a cord specifically for outdoors.

Christmas Tree Catches on Fire

The only thing worse than an outside fire is one that starts inside the home. When trees become too dried out, they pose a greater risk of catching on fire. To prevent this, make sure that your tree is properly watered, which might require that you buy a special stand that can hold water.

Also keep open flames from candles away from the tree and turn the lights off when you are not home. According to Forbes, about 200 Christmas trees catch on fire each year, so this is a very real hazard.

You Cut Yourself Opening Gifts

A simple papercut from holiday wrapping paper is no big deal. But you might suffer more serious injuries if you use scissors or a box cutter to open a gift and negligently end up stabbing yourself. Be very careful using these instruments and don’t give them to children to use. Remember to pass scissors the way you were taught in elementary school—the handle first.

You Trip Over Gifts

In homes with a lot of gifts, particularly children’s toys, it is very easy to slip or trip on something and take a tumble. Some disorganization is to be expected while opening gifts, but you should try to get everything organized before your elderly relatives come over for dinner.

Have children take the toys immediately into a play room, or get a giant box or tub to put everything in. Regularly check to make sure there are no toys on the floor and encourage your guests to watch their feet so they don’t trip over anything.

You Burn Yourself While Cooking

A holiday meal might be the largest you cook all year, and it is easy to get burned from scalding water, hot pans, or kitchen equipment. Remember to keep little ones out of the kitchen. They can easily get burned and, moreover, can cause confusion, which increases the risk of adults getting burned. You can also reduce the stress and chaos by cooking as much food ahead of time as possible.

Happy Holidays from Bundza & Rodriguez!

If you are injured by a defective product, we want to hear about it. Our Daytona Beach personal injury lawyers at Bundza & Rodriguez, P.A. have decades of experience assisting people with serious injuries caused by accidents. To schedule a free initial consultation, please call us today at 386-252-5170.

Resource:

forbes.com/2008/12/23/health-holiday-accidents-forbeslife-cx_avb_1223health.html#6482684524ae

Many residents of Florida are on Medicare, which provides health insurance for those aged 65 and older. The good news is that Medicare will help pay for medical care to treat your injuries. As a result, however, you will need to reimburse Medicare once you receive your personal injury settlement.

Report Your Accident to Medicare

As soon as possible, you should call Medicare and tell them that you were involved in an accident. They will assign a Coordinator of Benefits (COB) to your case who will monitor the amount of treatment you receive.

Some people are tempted not to report their accident to Medicare. However, the agency will certainly find out anyway. Remember, they will see your bills from the doctor or hospital. And they will figure out that you are receiving treatment for injuries sustained in an accident. If you lie to Medicare or fail to report, then you could get into trouble.

Stay in Contact with Your Coordinator

Your COB will probably want regular updates about your medical condition and your claim against whoever injured you. One advantage of working with Bundza & Rodriguez is that we can handle the communications for you. This can free you up to focus on your recovery. However, it is important to keep Medicare fully informed of the status of your case.

Review Medicare’s Demand Letter

Once you receive a settlement or win a jury verdict, you must notify Medicare. Medicare will send you a demand letter outlining the expenses they want you to reimburse. With your attorney, you can go over these expenses to make sure they are legitimate.

Medicare is not interested in negotiating with you, though you might be able to challenge some of the expenses. For example, you might have received treatment for a condition totally unrelated to your accident. If so, then you should not have to reimburse Medicare for that, and the agency should remove it from the list of expenses.

Your attorney cannot release your settlement to you until everything is squared away with Medicare, since they have a lien over your settlement proceeds. If you want to appeal the amount Medicare is demanding, then there is an internal appeals process. You will need to discuss with your lawyer whether you have a valid reason for appealing, otherwise you are simply delaying the receipt of your settlement proceeds.

Injured in an Accident? Contact Bundza & Rodriguez Today

Terrible car accidents, slip and falls, and dog bites leave our clients in tremendous pain and with mounting medical bills. Fortunately, insurance often steps in to cover the costs of treatment.

At Bundza & Rodriguez, our Volusia County personal injury attorneys know how to work with medical insurers to reimburse them for medical treatment. Whether you are a Medicare beneficiary or have private insurance, we can help.

Contact us today for a free, confidential consultation, by calling 386-252-5170.

Resource:

hcms.gov/Medicare/Coordination-of-Benefits-and-Recovery/Coordination-of-Benefits-and-Recovery-Overview/Reimbursing-Medicare/Reimbursing-Medicare-.html

Many people assume that injured victims should opt for a jury trial because jurors will be more sympathetic to their story. However, is this always true? Are there situations where it makes better sense to request a bench trial? In this post, we run through some factors you should consider.

How Fast Do You Want the Trial to Proceed?

Generally, a bench trial is faster than a jury trial. You can dispense with the jury selection process, which can easily take a full day. Also, judges are less swayed by theatrics, which means lawyers can make leaner presentations. Bench trials have a reputation for being less formal, which can speed things along.

Because a judge knows the rules of evidence, he or she knows what to exclude because it is unfairly prejudicial. For this reason, there is no need to argue about what instructions to give the jury to disregard improper evidence.

Nevertheless, the difference is speed is not pronounced, so you probably should not base your decision on a jury or bench trial solely on this consideration.

Is Your Case Enormously Complicated?

Most personal injury cases are not. However, if your case involves complicated technological discussions or questions of science, then a jury might not be able to follow along. A judge can more easily understand the issues in dispute and might be able to render a fairer verdict than jurors.

Are You Suing a Corporation?

Many people assume that jurors are less sympathetic to faceless, giant corporations than a judge might be. There are several reasons for this. For one, the jury probably assumes the company has enough money to pay you compensation and they might simply decide the case against the corporation on that basis. Also, many people have had negative interactions with corporations, so they might be biased going into the trial.

Are You Sympathetic Victim?

Jurors are often swayed by emotion, judges less so. A juror might decide a case in your favor because they can see that you or a loved one is seriously injured. It is quite natural to be so overcome with emotion that a juror wants someone to pay for the injury, even if the defendant is not legally to blame.

In other cases, you might not be sympathetic, especially if you have a criminal history or if you are partially to blame for the accident. You might opt for a bench trial in that situation.

Discuss Your Options with a Daytona Beach Personal Injury Lawyer

There is no hard-and-fast rule about when to request a bench or jury trial. At Bundza & Rodriguez in Daytona Beach, you can rely on our experience to advise you about which path is best for you.

If you have questions, you can talk with one of our personal injury lawyers. Please call 386-252-5170 or send us a message online.

Resource:

phonl.com/fl_law/rules/frcp/frcp1430.htm

First, parents must realize that some injuries are inherent in the nature of play. According to the Florida Supreme Court, anyone who willingly participates in a contact sport is expressing consent that they are assuming the risk of injury. If a child suffers bad bruises or sprains in a soccer or football game, then they probably do not have a lawsuit. However, you should analyze your case with an experienced Daytona Beach personal injury lawyer before taking any steps.

Was Your Child Intentionally Injured?

This might be the most clear-cut example where you have a lawsuit. Some contestants play dirty, even in high school, and someone who deliberately injured your child is responsible for those injuries. For example:

• Someone stomps on your child’s head as he lies on the basketball court
• Someone tackles your child with the intent to cause injury
• Someone kicks your child for no legitimate reason in a soccer game

In these examples, a participant intentionally wanted to injure your child and succeeded. As a result, you can probably sue.

Were Coaches or Schools Negligent?

Another situation where you might have a legal claim is when schools and coaches are careless and end up injuring your child. For example:

• Coaches might push your child too hard in practice
• Coaches ignore your child’s warnings that they don’t feel good or want to come out because they are injured
• Coaches encourage rough play or egg on a player to intentionally injure your child
• A school does not properly respond to a traumatic brain or other injury, depriving your child of prompt medical treatment
• A school does not properly maintain a field in a safe condition, and your child is injured by some hazard on or near the field
• A school uses defective sports equipment that injures your child
• A school does not properly inspect weightlifting or other equipment which poses a danger

In these cases, a lot will depend on the circumstances, such as what the school knew and when. But when a school has not acted with proper care, they become legally liable for injuries. Meet with an attorney right away to check whether you have a case.

Do You Know How to Sue a School District?

It is always complicated suing school districts since the state of Florida and its agencies enjoy immunity from lawsuits. However, this immunity is waived in certain circumstances. To find out better whether you can sue, you should quickly meet with a personal injury attorney after your child is injured.

At Bundza & Rodriguez, our Daytona Beach personal injury lawyers have helped countless clients get compensation for medical care and other expenses. We will carefully review the circumstances of your case to determine your best path forward.

For help, please call us today, 386-252-5170. We offer a free, initial consultation where you can ask any question that you want.

Resource:

scholar.google.com/scholar_case?case=9772360597288224632&q=sports+injury+claim&hl=en&as_sdt=4,10

However, based on our years of experience, we have found that we can often maximize the amount of money our clients get by uncovering additional insurance policies that might cover an accident.

Stacking Underinsured Motorist Insurance

After a devastating crash, you might have tens of thousands of dollars in medical bills and even more in lost wages. Florida’s personal injury protection benefits (called “PIP”) rarely cover serious injuries, and some drivers either have no insurance or do not carry enough.

This is where Underinsured Motorist coverage comes in (called “UM”). If you purchased this insurance, you can tap the benefits after a crash. Even better, UM coverage in Florida is stackable, meaning that you can often increase the amount of compensation available. You can stack policies in a couple of ways:

You can stack two different policies if you are covered by both. For example, you might be covered to the tune of $20,000 under one policy and $50,000 under another, giving you a total of $70,000 in coverage.

You can also stack if you have multiple vehicles covered under a policy. For example, there might be five cars under a policy that provides $20,000 in coverage. This gives you a total of $100,00 in coverage ($20,000 x 5). Insurers can sell policies that are not stackable, so your Daytona Beach personal injury attorney will need to investigate.

Checking a Homeowners’ Insurance Policy

An injury might be covered by a person’s homeowners’ insurance policy. For example, you might have been bitten by someone’s dog or you could have slipped and fallen on their property. A homeowners’ policy often covers these accidents and can provide substantial compensation for injured victims.

Finding Applicable Business Policies

If you were injured on a business, then the defendant should have a general business liability insurance policy. However, some businesses carry multiple policies, including umbrella coverage. These other policies can substantially increase the amount of compensation available when a business or one of its employees injures you.

Other Insurance Policies

Do you own a credit card? If you do, it might provide insurance coverage for certain accidents. For example, the American Express Blue Card provides up to $250,000 in coverage for death or dismemberment when travelling by common carrier, like an airplane or bus. You should tell your personal injury attorney what credit cards you have so that they can check whether an insurance policy will cover your injury.

Fighting for Compensation for Our Clients

Injured victims need compensation to cover a variety of expenses and losses, such as medical bills or lost wages, along with the pain and suffering or emotional distress that accompanies bodily injuries.

If you have suffered an injury that was not your fault, please contact us. We can investigate and help you understand whether you have a valid legal claim. To schedule your free consultation with one of our Daytona Beach personal injury attorneys, call 386-252-5170.

Resources:

americanexpress.com/content/dam/amex/us/credit-cards/features-benefits/policies/pdf/TAI%20Benefit%20Guide_Tier%202%20Rev%2003-18.pdf

forbes.com/sites/thesba/2012/01/19/13-types-of-insurance-a-small-business-owner-should-have/#4f80ac3b20d3

Common Motorcycle Defects

Police are still investigating the recent accident in Volusia County, so it is impossible to say whether any defect in this man’s bike contributed to his death. Certainly, motorcycle frames cannot retain their integrity in all accidents, especially ones at high speeds. Nevertheless, it is also possible that a motorcycle defect caused the bike to split in two, contributing to the man’s ultimate death.

Over the past several years, many motorcycles have been recalled for certain defects, such as:

• Brake defects. Ducati recently recalled 8,000 motorcycles because the front brake master cylinders were at risk of failing. In particular, the brakes did not comply with federal requirements for motorcycle brake systems.

• Fire risks. Zero motorcycles issued a recall of its 2012 models because a defect in the bike’s battery pack could lead to fires.

• Steering problems. Kawasaki recently issued a recall because a shifting problem could cause gears to break, rendering their bikes unstable.

Those interested in whether their motorcycles are subject to recall should check with the National Highway Traffic Safety Administration’s recall website for updates.

Proving a Defect

A motorcycle does not need to be subject to recall to be defective, though a recall is obviously solid proof that there is a problem with the bike. Instead, your motorcycle accident lawyer will need to have the bicycle inspected, so remember to preserve the bike wreckage after a crash.

In many cases, we ask an expert witness to inspect the bicycle to identify whether a flaw contributed to the accident. In many cases, defects can show up in the design for the bicycle or in how the particular bicycle was manufactured. These expert witnesses are also helpful in the event your case goes to trial, because they can explain to a judge and jury what is wrong with the bike in plain language.

Contact a Motorcycle Accident Lawyer at Bundza & Rodriguez

After receiving medical care, you should contact an experienced motorcycle accident attorney in Volusia County to discuss your case. Lawsuits involving defective products are some of the most complex that we deal with, so it is vital that we start building your case right away.

At Bundza & Rodriguez in Daytona Beach, we provide caring legal advice for injured clients worried about their futures. When a motorcycle manufacturer has contributed to your crash by selling a defective product, you need to hold them accountable. Schedule your free, no-strings consultation with one of our lawyers by calling 386-252-5170 or submitting an online message.

Resources:

ultimatemotorcycling.com/2018/01/02/ducati-recalls-8000-motorcycles-brembo-front-brake-defect/

rideapart.com/articles/2012-zero-motorcycles-battery-recall

orlandosentinel.com/news/transportation/traffic/os-fatal-motorcycle-crash-volusia-county-20180710-story.html

In many cases, the defendant has insurance which will pay the court judgment. This is true in many car accidents and slip-and-fall cases. However, sometimes the defendant does not have insurance, which means an injured plaintiff will need to take additional actions to get paid. Below are some of the best techniques for collecting on a judgment.

Garnish the Defendant’s Wages

If the defendant has a job, you can garnish a portion of his wages. You cannot take everything; instead, Florida law limits you to a maximum of 25% or three times the minimum wage, whichever is the lesser amount.

To start the garnishment process, you must take your certified court judgment to the court clerk and ask for a writ of garnishment. You will serve this document on the defendant’s employer and then provide notice to the defendant so that they can object. If all goes as planned, the defendant’s employer will withhold the garnished amount each pay period and send it to you. You can keep the garnishment going until your judgment is paid off in full.

Levy the Defendant’s Personal Property

Personal property is movable property like vehicles, boats, artwork, jewelry, etc. To find what property the defendant has, you might need to serve them interrogatories, which the defendant will need to answer under oath. The defendant cannot own the property jointly with their spouse unless you have a court judgment against both spouses.

Once you find property to levy, you must file a lien with the Florida Department of State. A personal judgment lien is good for 5 years. You should also check whether there are other liens on the property, because a senior lienholder will need to be paid before you.

You can then take your certified court judgment and ask the court clerk for a writ of execution. You will need to give this to the sheriff along with instructions identifying the personal property to seize. If there are other lienholders, you will need to notify them. However, if all goes well, the sheriff can seize the property and sell it at auction. You will then receive a portion of the proceeds to satisfy your court judgment.

Levy Real Property

You can also seize and sell the defendant’s real property, meaning real estate. In Florida, a defendant’s home is exempt in most situations, but you could seize other property, such as rental property or vacation homes.

You will need the county sheriff’s help to levy the property. The process is similar to levying personal property, except you will record your judgment with the real estate recording section for the county where the property is located. Many sheriff’s departments provide detailed instructions for how to levy real property, so pick up the instructions, which can make the process easier.

Need Legal Help? Speak to a Daytona Beach Personal Injury Lawyer

Collecting on a court judgment can be a tedious process, but you have no choice in some cases. At Bundza & Rodriguez in Daytona Beach, we can help analyze whether you should sue a defendant and identify assets that can be used to pay a court judgment, such as bodily injury liability insurance, or homeowner’s or renter’s insurance. Contact us today to schedule your free consultation, 386-252-5170.

Resource:

volusiasheriff.org/services/judgement.stml

Is there a Dispute as to Who is at Fault?

Some accidents are obviously the other driver’s fault. If he fell asleep and swerved into your lane, then it will be hard to claim that you are somehow partially to blame. Also, the driver might have been intoxicated or under the influence of drugs—other clear signs that the driver is to blame.

However, liability in other cases is not so clear cut. For example, a traffic camera might have caught you waiting in the intersection to make a turn when another car T-boned you. In this case, both of you might be to blame for the accident. If so, the other driver’s insurer will want to offer you less money because your own negligence possibly contributed to the collision. If there is a dispute about liability, then you can expect to wait longer before receiving a settlement.

Are You Still Recovering?

As part of the settlement, you can receive compensation for past medical care. However, if you were severely injured, then you might still be receiving medical treatment months or more after the accident.

Generally, the right time to settle is after you have reached maximum medical improvement. At that point, you will be able to properly calculate your medical expenses. If you need continuing medical care, then it will be easier to estimate the costs of that care as well.

Can You Hold Out for More Money?

The quicker you want to settle, the less money you will likely receive. Sometimes, insurance carriers play hardball with injured victims. They make an initial settlement offer that is very low—sometimes only 10% of what your injuries are really worth. If you badly need money, you might be tempted to take the first offer put on the table.

However, waiting has its advantages. You can continue to negotiate with the defendant or their insurance company and hopefully increase the amount of the settlement. If necessary, you might need to file a lawsuit, which shows that you are serious about getting the compensation you deserve.

Talk about Your Concerns with a Volusia County Personal Injury Lawyer

Settlement negotiations take time, but an experienced personal injury lawyer can maximize your recovery. At Bundza & Rodriguez, our Volusia County personal injury lawyers have obtained numerous favorable settlements and jury verdicts on behalf of our clients, including a $500,000 award for a leg injury sustained in a motorcycle accident.

To schedule your free consultation, please contact us today. Call 386-252-5170 or send an online message. You have a limited amount of time to protect your rights after an accident, so please do not delay.

One tool for finding out information is a deposition, during which a person answers questions under oath. Depositions are usually held in attorney’s offices, and you will either be videotaped answering questions, or a court reporter will take down questions and answers. As a person bringing a lawsuit (the plaintiff), you will probably have to answer questions in a deposition.

Tricky Questions You Might be Asked

In addition to finding out basic information, a deposition also lets the other side “lock down” your story. Anything you say in a deposition could come back to haunt you later at trial, so you will want to prepare extensively.

For example, the other side’s lawyer might ask you:

• “How far away was the vehicle when you noticed it?” Here, they are asking for a specific distance, which is probably impossible for you to accurately measure.

• “How much pain do you feel on a daily basis on a scale of 1 to 10?” It is rare that you will be feeling a 10, especially since you should be receiving medication.

• “You said earlier that you did not immediately feel pain” or “As I think you said earlier, you hit the brakes before you saw my client.” These questions often rely on misquoting you. Listen carefully.

• “You did not feel any pain right away, did you?” Questions like this one provide an answer. It is very easy to simply agree without really listening.

In short, the lawyer is looking for exaggerations which they can use to discredit you, or is trying to get you to agree to things you know are not true.

How to Prepare for a Deposition

Because depositions are so important, your lawyer should spend some time getting you to feel comfortable. To that end, you might do a practice deposition, or your lawyer will give you sample questions you can expect to be asked about. If you have any questions, be sure to ask your lawyer before the day of the depositions.

Many depositions run on forever, so you should prepare by doing the following:

• Get a good night’s sleep. You want to be well-rested.
• Eat breakfast that morning. You don’t want to start feeling hungry or lightheaded while answering questions.
• Dress comfortably. You should not show up in your pajamas, but you do not need to wear a suit, either.

Remember, your lawyer will be right by your side in the deposition, so tell him if you need to stop the questioning to take a break.

Tips for Being an Effective Deponent

During the deposition, remember the following tips:

• Avoid guessing. If you do not know the answer, say, “I don’t know” or “I can’t remember.”

• Only answer the question asked and do not volunteer information.

• Clarify an answer if you realize you have misspoken. It is important to be accurate.

• Listen closely to the question and ask the lawyer to rephrase it if you do not understand.

In many situations, your lawyer will raise an objection which will be recorded. However, you will still be asked to give an answer. If the lawyer tries to use the information elicited later, your lawyer can renew the objection and a judge might decide your answer cannot be admitted into evidence.

Prepare by Contacting Bundza & Rodriguez Today

Lawsuits are nerve-wracking, but at Bundza & Rodriguez you will always be in good hands. Our Daytona Beach personal injury lawyers have handled hundreds of depositions and understand all of the tricks lawyers use. Contact us today to schedule your free consultation and find out how we can help you.

Resource:

mdedge.com/psychiatry/article/63066/practice-management/deposition-dos-and-donts-how-answer-8-tricky-questions