By Nicholas Dorsten
An article I found on the Bay News 9 website reminded me of an issue that often comes up in the Tampa Personal Injury world....
TREASURE ISLAND --
A pedestrian was killed when police said he was hit by a drunk driver as he tried to cross Gulf Boulevard.
Police said the deceased, and his fiancee were crossing Gulf Boulevard in Treasure Island shortly before 10 p.m. Sunday when he was hit by a car.
The man was taken to Palms of Pasadena Hospital, where he was pronounced dead a short while later. The fiancee was not hurt.
Police said the driver of the car, a female, failed field sobriety tests at the scene of the crash. They said her blood alcohol was measured at .263, more than three times the legal limit.
She was booked into Pinellas County Jail on charges of DUI manslaughter.
The question that comes up is...what type of Personal Injury case is this? Is it a car accident or a wrongful death case? The short answer is it doesn't matter! This case can be filed as a typical automobile accident complaint and deal with it as a normal car accident case.
The second and more important question that comes up....can the Defendant driver be punished for her reckless behavior (ie drinking and driving)? The answer to that is YES. In the next part, I will be talking about punitive damages and how it can affect your Tampa or Pinellas personal injury case.
For more information, or to speak directly with an experienced Personal Injury lawyer, please contact BLAKE & DORSTEN, P.A. at 727.286.6141 or email the attorneys your questions at: info@blakedorstenlaw.com
Musings of a Tampa Bay area Personal Injury lawyer. Visit our website at www.BlakeDorstenLaw.com. Our principal office is located across from the 49th street courthouse in Clearwater, minutes from Tampa and St. Petersburg at 4707 140th ave N, Suite 104, Clearwater, 33762. Call us at 727.286.6141 for a free consultation!
Monday, September 27, 2010
Friday, September 17, 2010
Tampa Injury Lawyer - Can Police sue?
By Nicholas Dorsten
A recent article in the St. Pete Times brought up an interesting question....Can a police officer sue if he is injured on the job in a car accident?
"TAMPA — A Florida Highway Patrol trooper was injured Wednesday after a flatbed truck struck his motorcycle on Interstate 4.
The Trooper's injuries were not life-threatening. He was taken to Tampa General Hospital, where he was in stable condition.
Authorities said the accident happened about 11 a.m. when the trooper stopped a 2002 Acura for a traffic violation on the north shoulder of I-4, west of 22nd Street.
He was positioning his motorcycle in front of the car when the driver of the truck lost control and smashed into the Acura. The car crash ended up going into the trooper's motorcycle, throwing him to the ground.
The truck then spun out of control and struck the motorcycle, causing a Tampa motorcycle accident.
The other people involved in the crash had minor injuries.
The driver of the truck, a man living in Tampa was charged with careless driving.
The question to ask is...Can the trooper hire a Tampa personal injury lawyer or a Tampa car accident attorney? Unlike previous injury posts dealing with motorcycle accidents or trucking accidents, this is about a government or city employee being hurt on the job. If he was on the job the answer is probably not. He would have workers compensation available to him. If he was offduty, he would be entitled to the same rights as any other car accident victim and would be able to hire a Tampa personal injury lawyer to help him with his injuries.
For more information, or to speak directly with an experienced Personal Injury lawyer, please contact BLAKE & DORSTEN, P.A. at 727.286.6141 or email the attorneys your questions at: info@blakedorstenlaw.com
A recent article in the St. Pete Times brought up an interesting question....Can a police officer sue if he is injured on the job in a car accident?
"TAMPA — A Florida Highway Patrol trooper was injured Wednesday after a flatbed truck struck his motorcycle on Interstate 4.
The Trooper's injuries were not life-threatening. He was taken to Tampa General Hospital, where he was in stable condition.
Authorities said the accident happened about 11 a.m. when the trooper stopped a 2002 Acura for a traffic violation on the north shoulder of I-4, west of 22nd Street.
He was positioning his motorcycle in front of the car when the driver of the truck lost control and smashed into the Acura. The car crash ended up going into the trooper's motorcycle, throwing him to the ground.
The truck then spun out of control and struck the motorcycle, causing a Tampa motorcycle accident.
The other people involved in the crash had minor injuries.
The driver of the truck, a man living in Tampa was charged with careless driving.
The question to ask is...Can the trooper hire a Tampa personal injury lawyer or a Tampa car accident attorney? Unlike previous injury posts dealing with motorcycle accidents or trucking accidents, this is about a government or city employee being hurt on the job. If he was on the job the answer is probably not. He would have workers compensation available to him. If he was offduty, he would be entitled to the same rights as any other car accident victim and would be able to hire a Tampa personal injury lawyer to help him with his injuries.
For more information, or to speak directly with an experienced Personal Injury lawyer, please contact BLAKE & DORSTEN, P.A. at 727.286.6141 or email the attorneys your questions at: info@blakedorstenlaw.com
Sunday, September 5, 2010
Tampa Injury Lawyer : Another reason lawyer jokes resonate...
By Nicholas Dorsten, Esq.
I often get asked how I, a Clearwater Personal Injury lawyer, handle all the "ambulance chaser" jokes. I usually respond and let them know what a Personal Injury attorney does and how he can benefit society. Well after a recent article I found in the Seattle area Komo news website, I may have to rethink my arguements...
A woman has sued American Airlines, saying she was traumatized when the plane she was on ran off the runway at Chicago's O'Hare International Airport.
In the lawsuit filed Tuesday in U.S. District Court, passenger Jewel Thomas said she has suffered severe mental and emotional problems because of the incident on Sept. 22, 2008. American Flight 268, a Boeing 757, was flying nonstop from Seattle to New York when it made an emergency landing at O'Hare, skidding onto the grass next to the runway.
"That day changed my whole life - it changed my whole world," Thomas said, adding: "This is one problem I can't solve."
The woman from Bellevue, Wash., said she is on unpaid disability from her job at Microsoft. Though an experienced world traveler, she said she is no longer able to fly and will sometimes "freak out" when she hears an airplane.
No physical injuries were reported among the 185 passengers or seven crew members, and the aircraft had little damage beyond its landing gear and several blown tires.
Thomas contended in her lawsuit that shortly after takeoff, the flight crew received multiple warnings about problems with the plane's electrical system. Following a reference handbook, the crew switched the plane's standby power for some systems to the main battery, although the handbook noted the battery could provide backup power for only 30 minutes.
Thomas' lawsuit alleges that the flight crew should have diverted sooner to another airport before the battery ran out and key systems were crippled. It accused American Airlines and the plane's two pilots of negligence and seeks unspecified damages.
Andrea Huguely, a spokeswoman for the Fort Worth, Texas-based airline, said that the company had not seen the complaint and had no comment.
The personal injury attorney claimed the captain was aware the main battery charger wasn't functioning and of the battery's 30-minute reserve, but the crew elected to continue the flight to New York.
Thomas' Personal Injury lawyer, said a transcript of cockpit conversations "showed a real ignorance of flight systems."
The Personal Injury attorney alleged that while the plane's crew tried to troubleshoot the problem for several hours, critical systems began to shut down. The cabin public address system failed and eventually all power to the passenger cabin went out, including the lights.
Thomas said that after the cabin lights went out, passengers were told to prepare for a rough landing at O'Hare, and that many began to pray. She said she was terrified and called her children on her cell phone, leaving messages saying she loved them.
The plane eventually diverted to Chicago, where the crew declared emergency upon landing.
It is unknown how much damages she is asking for her emotional trauma, her Personal Injury lawyer said.
I have mentioned previously on this site the benefits of and the necessity for a Personal Injury lawyer for certain traumatic events in your life but there has to be a limit. The sad fact is that sometimes bad things just happen and you can't sue over every little problem/inconvenience. In my opinion, based on the known facts of the above article, the pilots and the airline should be applauded for their quick, decisive action rather then sued. This lady should be thanking them, not suing!
You get in a Clearwater car accident that was not your fault? If you are hurt, then by all means hire a Clearwater car accident attorney. Was a loved one the victim of a horrible, yet preventable accident in Clearwater or St. Petersburg, Florida? Then it makes sense to hire a Clearwater or St. Petersburg wrongful death attorney to help you weigh your legal options.
However, if you just have a run of bad luck, DON'T SUE! Be thankful for what you still have and the support system of your friends and family. Finally, a word for some of those other Tampa or Pinellas County Personal Injury Lawyers who try and make everything a lawsuit....please try to remember that we are still a noble profession but junk lawsuits make ALL of us look bad!
For more information, or to speak directly with an experienced Personal Injury lawyer, please contact BLAKE & DORSTEN, P.A. at 727.286.6141 or email the lawyers your questions to: info@blakedorstenlaw.com. We are located at 4707 140th Ave N, Suite 104 in Clearwater, across from the criminal courthouse in the airport business center, minutes from Tampa and St. Petersburg.
I often get asked how I, a Clearwater Personal Injury lawyer, handle all the "ambulance chaser" jokes. I usually respond and let them know what a Personal Injury attorney does and how he can benefit society. Well after a recent article I found in the Seattle area Komo news website, I may have to rethink my arguements...
A woman has sued American Airlines, saying she was traumatized when the plane she was on ran off the runway at Chicago's O'Hare International Airport.
In the lawsuit filed Tuesday in U.S. District Court, passenger Jewel Thomas said she has suffered severe mental and emotional problems because of the incident on Sept. 22, 2008. American Flight 268, a Boeing 757, was flying nonstop from Seattle to New York when it made an emergency landing at O'Hare, skidding onto the grass next to the runway.
"That day changed my whole life - it changed my whole world," Thomas said, adding: "This is one problem I can't solve."
The woman from Bellevue, Wash., said she is on unpaid disability from her job at Microsoft. Though an experienced world traveler, she said she is no longer able to fly and will sometimes "freak out" when she hears an airplane.
No physical injuries were reported among the 185 passengers or seven crew members, and the aircraft had little damage beyond its landing gear and several blown tires.
Thomas contended in her lawsuit that shortly after takeoff, the flight crew received multiple warnings about problems with the plane's electrical system. Following a reference handbook, the crew switched the plane's standby power for some systems to the main battery, although the handbook noted the battery could provide backup power for only 30 minutes.
Thomas' lawsuit alleges that the flight crew should have diverted sooner to another airport before the battery ran out and key systems were crippled. It accused American Airlines and the plane's two pilots of negligence and seeks unspecified damages.
Andrea Huguely, a spokeswoman for the Fort Worth, Texas-based airline, said that the company had not seen the complaint and had no comment.
The personal injury attorney claimed the captain was aware the main battery charger wasn't functioning and of the battery's 30-minute reserve, but the crew elected to continue the flight to New York.
Thomas' Personal Injury lawyer, said a transcript of cockpit conversations "showed a real ignorance of flight systems."
The Personal Injury attorney alleged that while the plane's crew tried to troubleshoot the problem for several hours, critical systems began to shut down. The cabin public address system failed and eventually all power to the passenger cabin went out, including the lights.
Thomas said that after the cabin lights went out, passengers were told to prepare for a rough landing at O'Hare, and that many began to pray. She said she was terrified and called her children on her cell phone, leaving messages saying she loved them.
The plane eventually diverted to Chicago, where the crew declared emergency upon landing.
It is unknown how much damages she is asking for her emotional trauma, her Personal Injury lawyer said.
I have mentioned previously on this site the benefits of and the necessity for a Personal Injury lawyer for certain traumatic events in your life but there has to be a limit. The sad fact is that sometimes bad things just happen and you can't sue over every little problem/inconvenience. In my opinion, based on the known facts of the above article, the pilots and the airline should be applauded for their quick, decisive action rather then sued. This lady should be thanking them, not suing!
You get in a Clearwater car accident that was not your fault? If you are hurt, then by all means hire a Clearwater car accident attorney. Was a loved one the victim of a horrible, yet preventable accident in Clearwater or St. Petersburg, Florida? Then it makes sense to hire a Clearwater or St. Petersburg wrongful death attorney to help you weigh your legal options.
However, if you just have a run of bad luck, DON'T SUE! Be thankful for what you still have and the support system of your friends and family. Finally, a word for some of those other Tampa or Pinellas County Personal Injury Lawyers who try and make everything a lawsuit....please try to remember that we are still a noble profession but junk lawsuits make ALL of us look bad!
For more information, or to speak directly with an experienced Personal Injury lawyer, please contact BLAKE & DORSTEN, P.A. at 727.286.6141 or email the lawyers your questions to: info@blakedorstenlaw.com. We are located at 4707 140th Ave N, Suite 104 in Clearwater, across from the criminal courthouse in the airport business center, minutes from Tampa and St. Petersburg.
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