Buggy Accidents: Injured? How We Can Help!

Personal injury attorneys in tampa

Personal injury attorneys in tampaAuto accidents involving animal-drawn buggy vehicles are not standard mishaps. Buggies are effectively pedestrians on the highway, but just as in a premise liability claim, the actions of the buggy operator can come into play during the case negotiation. However, the legal dynamics are much different, including responsibility and insurance coverage. Accident cases can be much like a walker being struck by a vehicle, but the buggy is still considered a vehicle of sorts even though it is being driven by muscle power of an animal, typically a horse or burro. Cases can be complicated when the issue goes to court, and negotiations can be difficult as well when the respondent insurance company wants to contest a claim. That is why it is essential to have an experienced legal representative like Wagner, McLaughlin & Whittemore personal injury attorneys in Tampa in any buggy accident.

Vehicle Category

An animal-drawn buggy is not considered a highway vehicle in Florida even though they can legally use the road. The Florida law specifically states the difference in vehicles is established by motorized or muscle power as a means of propelling the vehicle. Dune buggies are motorized and classed as off-highway vehicles, and they also do not require registration. Horse-drawn buggies should always display some basic safety awareness placards or a flag per some regulations of the particular highways, and multi-lane roads are not authorized routes. Where an accident happens can make a major difference with respect to negligence and a reasonable duty of care exercised by the driver of any involved vehicle.

Case Complications

The primary case complication in buggy accidents is insurance protection and responsibility. Florida uses no-fault accident law, but buggy operators are not required to carry PIP policies even when they use the roadway. This means injury claims must be filed with the opposing driver’s insurance company, which will also want a responsibility determination from the court. Even when a buggy is involved, accident cases will still be presented in court for authorization to pursue damages.

Anyone who has been involved in a buggy accident should retain legal counsel as soon as possible because of legal technicalities in collecting damages. Always call Wagner, McLaughlin & Whittemore personal injury attorneys in Tampa for comprehensive representation.

Florida legal malpractice attorneys

Florida legal malpractice attorneysLosing a case at trial can be extremely frustrating, and you may be tempted to conduct a search for Tampa legal malpractice attorneys with the expectation that they can and will rectify your loss. But before you invest effort (and emotion) into finding a lawyer specializing in Florida legal malpractice, it’s important to consider that losing your case doesn’t necessarily mean your attorney didn’t do their job.

The fact of the matter is that your attorney can do everything right, and you can still lose your case. What’s more, even if your attorney made mistakes — they are human, after all — those mistakes, alone, are not enough to demonstrate malpractice. Proving legal malpractice is not easy. You’ve got to show that your lawyer did not use the same level of skill and care that other lawyers would have used in the same situation.

That means you’ve got to show that your lawyer had a duty to act properly, that they breached the duty through negligence, incompetence, or not doing what they promised, and that their actions caused you to suffer harm or incur damages.

Without duty, breach, causation, and damages, you don’t have a leg to stand on, even if you hire the best Tampa legal malpractice lawyers. Tampa legal malpractice law is like anywhere else in the country—you have to show that your attorney made unreasonable mistakes, and that if they hadn’t, you would have been able to win the case. That last part is very important. What it means is that your legal-malpractice lawyer will have to show not only that your previous lawyer was negligent but also that such negligence was the reason you lost your trial.

Even though losing your trial does not by itself point to malpractice, it is definitely true that there are some types of lawyer conduct that indeed rise to the level of negligence — so it’s worth consulting with a legal malpractice attorney in Tampa.  They can help you determine if your case was handled negligently, and if it can be rectified.

Let’s take a look at some types of cases that get closer to malpractice:

Errors During Trial — This can occur if your attorney is negligent at any point during the trial process, by failing to file motions on time or seriously mismanaging your case in court. In other cases, an attorney might not disclose a conflict of interest when he or she was legally required to, which can lead to suffering damages.

Failure to File an Appeal On Time — In Florida, this can result from your attorney not filing your appeal within 30 days from the date of your final order—a document signed by the judge and filed by the court clerk that disposes of issues and counterclaims.

Failure to File Case in Time — This can result from not filing a case during the statute of limitations, which is the time allotted by statutory the law to pursue a lawsuit. If the claim is not filed by the deadline, you could forever forfeit your right to pursue legal action.

Failure to Properly Investigate — This type of negligence occurs when an attorney does not properly conduct the necessary research and investigation in order to help you obtain a fair judgment based on  relevant and obtainable facts.

Improper Preparation of Deeds — This relates to purchasing property. If the deed has not been prepared properly by the lawyer, the sale could be invalidated, or it could cause problems in a later sale—either of which could result in financial loss.

Improper Title/Zoning Searches — This can occur when a real estate attorney does not help you establish a clear chain of title, or does not do their due diligence securing a property that meets your goals due to zoning restrictions. These types of mistakes can set you back in terms of time and money.

Issues Related to Land Use Restrictions — These occur when a lawyer helps you purchase land, but does not inform you (willingly or unwillingly) of restrictions that will prevent you from actualizing your financial goals.

Real Estate Transaction Issues — These can occur for a number of reasons, some of which are facilitated by attorney incompetence. Inconsistent zoning, unauthorized sellers, lack of legal descriptions, and failure to receive a down payment can all be caused by negligent framing of the deal.

Improper Preparation of Wills — This can lead to confusion and family feuding, which are especially unpleasant in the aftermath of a loved one’s demise. 

Probate & Estate Planning Legal Malpractice — This occurs when an attorney makes errors in setting up a will or trust that effectively carries out the intent of an individual. These mistakes can cause the probate process to go awry, invalidating the will and causing the family to lose thousands (or more) to the government in the form of taxes.

Improper Settlement of a Case — This can occur when the parties agree to settle outside of a court ruling, but your lawyer did not inform you of all the options, or took an option without consulting you, or didn’t inform you of material facts, such as fees, costs, and medical bills.

Legal Malpractice in Military Divorce — This can happen if your attorney did not disclose that you were on active duty, which in turn can affect the timely filing of paperwork in a case of divorce.

Negligent Failure to Include Issues on Appeal — This could happen when an attorney does not point out important  issues that could be considered reversible errors.

Negligent Handling of Medical Malpractice Claims Before a Lawsuit — This can result from failure to follow the strict procedures for bringing a medical malpractice lawsuit in Florida. Lawyers must conduct a thorough investigation, retain a medical expert who concurs with the claim, and provide a notice to the defendants that summarizes the nature of the claim.

Sports and Entertainment Malpractice — This results when the attorney of an entertainer or athlete does not represent the best interests of their client, causing them financial loss.

How to find a legal malpractice lawyer in Tampa for your case

As you can see, there is a fair range of cases that can involve malpractice.

You should know that not all plaintiffs’ personal injury lawyers accept legal malpractice cases. The law firm of Wagner, McLaughlin & Whittemore does — because our lawyers believe that it is only fair to hold all attorneys to the same standards that we hold doctors and other professional to. Wagner, McLaughlin & Whittemore is glad to discuss all legal malpractice cases brought to their attention, and its attorneys will take the time necessary to determine if they, as Florida legal malpractice attorneys, can help you with your case. The full staff of legal assistants, paralegals, and independent investigators help the attorneys evaluate each case — though, from the very first consultation, you will be talking with a lawyer.

If a decision is made to proceed, the team assists with tracking down details, keeping responses timely, and maintaining open lines of communication: all hands are on deck to fight as hard as possible to help rectify your losses in court.

accident inide the museum while watching

accident inide the museum while watchingHurt while visiting a museum? Supporting your community and patronizing the arts are noble efforts you should feel good about, not come away from with unexpected injuries. Museums are well-funded and can be owned by government entities, so it is wise not to try fighting one alone if you are injured on a visit. Wagner, McLaughlin & Whittemore’s personal injury attorneys in Tampa can help you get compensated for your misfortune was caused by the negligence of the museum, its contractors, or its staff.

Museums owe you safety.

Museums must block incomplete or in-progress construction, installations and exhibits from the general public. They are liable when negligently insufficient security and guard coverage leads to incidents – including from something as unlikely but dangerous as aggressive robbery attempts. Also, museum staff must position sculptures and visual installations with jagged edges or sharp hooks in a safe manner that keeps visitors from coming into close contact.

Common injuries during museum visits include:

Slips and falls, on level floors and stairs
Shocks or burns from digitally-interactive exhibits
Fractures and breaks from unsecured or unsafe objects, pieces or installations
Poor crowd management incidents

In a New Orleans museum, an art handler recently suffered near fatal injuries and disabilities after a weak room-dividing partition fell on him. That is just one example of what can happen – and what unexpected dangers might befall museum patrons.

Museums must perform safety checks and monitoring activities as a normal part of their supervision. When their failure to do so amounts to negligence, and a patron has been hurt from their inaction, the museum bears legal responsibility for the damages that result.

Do not delay. Get a lawyer involved now.

An attorney helps evaluate what the museum is liable for. This may include your medical bills, treatment costs, pain, suffering, and lost wages.

Do not wait until hospital discharge or full recovery to acquire an attorney.And it’s a good idea to write a narrative while the details are still fresh in your mind.
The experienced attorneys at Wagner, McLaughlin & Whittemore can overcome a museum’s PR spins and obstinate insurance companies to represent you formidably. Trusting these personal injury attorneys in Tampa can free you up to focus on what matters most: your healing.
Tampa Personal Injury Attorneys

Tampa Personal Injury AttorneysMany Americans and others around the world love to go to a sports stadium to cheer on their favorite team in their latest sports triumphs. However, there can be some danger in those stadiums as well, and people have been injured.

It is extremely important to look into hiring Tampa personal injury attorneys for any kind of stadium-related injury that may occur as a result of being in a stadium and enjoying the game. Some people attempt to settle things out of court or handle this type of case themselves, but that can be unwise, as y could be ripped off and denied your rights if you do. The most advisable course is to turn to seasoned lawyers in these types of cases – and Wagner, McLaughlin & Whittemore is among the most experienced plaintiffs’ trial attorneys anywhere.

The most common type of stadium accident that occurs is a traditional slip and fall. It is easy to see how someone might enter a portion of a stadium that has not been properly cleaned up or maintained. When that occurs, it may be the case that they get into a situation where they slip on some dropped food or standing water, as examples. This could cause them to fall and result in serious injury in some cases. Luckily, the Tampa personal injury attorneys at this firm have seen such cases and know how to handle them.

Sports stadium owners purchase large insurance policies for themselves and frequently have a large team of lawyers on their side working to prevent recovery. A hurt patron needs help on his or her side to balance those scales out. Get in touch with our experienced and knowledgeable lawyers. We’d be honored to help.

accident attorney in Tampa FL

accident attorney in Tampa FLOver the past several years, the use of motor scooters across the United States has skyrocketed. Unfortunately, so have the number of accidents resulting in serious injuries. A prime example is Dallas, where just in the past six months Baylor University Medical Center reported having seven injured scooter riders requiring major surgery. While such factors as failing to wear a helmet or obey basic safety rules sometimes play a role, many accidents involve motorists who are careless behind the wheel. If you were riding a motor scooter and sustained serious injuries, here are some important ways an accident attorney in Tampa FL at Wagner, McLaughlin & Whittemore can help.

Document Your Injuries
If you are injured in a motor scooter accident, visit a doctor or hospital to have your injuries treated and documented in your medical records. The primary reason to do so? You will get the medical attention you need for a full recovery. The second reason? By doing so, it will be more difficult for insurance companies and others to claim you were not injured due to the accident.

Multiple Parties May be to Blame
If you were injured while using a motorized scooter from such services as Bird or Lime, there may be multiple parties at fault for your accident. For example, if a car hit you while you were riding the scooter, you may be able to sue not only the car’s driver (provided the driver was negligent), but the scooter company may have liability as well for, among other possible reasons, not providing safe scooters or failing to explain how to safely use the scooters.

Take Photos
If you can, try to take photos of your accident. Include not only your visible injuries, but also damage to the vehicle that hit you, any nearby property damage, and stop signs or traffic signals that may have been ignored by the driver.

Your attorney will discuss all of the factors with you and determine whether you have a good shot at recovering compensation for your medical bills and other damages. Schedule a consultation as soon as possible with an accident attorney in Tampa FL at Wagner, McLaughlin & Whittemore.

zip line accident

zip line accidentZip lines are appearing more and more around the United States as a fun form of entertainment. Florida is certainly no exception. However, in spite of all the fun and adventure they can bring, zip lines are also risky and can result in accidents such as falls. If you have gotten hurt after a zip line accident, it’s important to know who is liable.

Where Do These Accidents Occur?

Usually, public zip line accidents happen at amusement parks, state parks and fairs. Of course, there are also private zip lines set up in people’s yards for their own personal amusement. No matter what the case, individuals who operate them are required to ensure that the zip line is set up properly and in a safe manner. They must also maintain them in a workable condition to help ensure that accidents don’t happen. Supervision may also be required when young minors are using the zip line.

Zip Line Accidents

Accidents on zip lines that can lead to injuries include the following:

• Falls from the platform
• Breaking mechanisms
• Safety harness failure
• Hands getting caught in gears
• Collisions with other riders
• Collisions with fixed objects

Types of Injuries from Zip Line Accidents

Zip lines are situated at considerable heights and are thrilling when everything goes properly. However, there are specific injuries that can occur if there’s an accident. Some of the more extreme injuries include the following:

• Amputation
• Dislocation of joints
• Traumatic brain injury
• Spinal cord injury
• Sprains
• Torn muscles, ligaments or tendons
• Friction burns
• Bone fractures
• Death

If you suffer injuries from a zip line accident, you may be able to file a personal injury claim against the company that manufactured the equipment if the accident stemmed from equipment failure. Depending on all the factors involved, there is also the possibility of a liability claim against the owner of the premises if the system has not been properly maintained or safety measures were not taken. If the accident occurred on someone’s personal property, you may have a claim against the homeowner.

No matter what the case, you need Wagner, McLaughlin & Whittemore and Tampa personal injury attorneys on your side. Contact Wagner, McLaughlin & Whittemore at your earliest convenience to discuss your case with skilled Tampa personal injury attorneys. We would be more than happy to discuss with you all of the factors giving rise to your ability to bring a claim and recover for your injuries.