Bagen Law Blog

As long as people have had dogs as domesticated pets, there have been problems because of dog bites. As dogs cannot be held responsible for biting people, it is their owners who are held accountable by law. Traditionally many states from the eighteenth century have been holding dog owners responsible for their dogs’ behavior. The CDC estimates that there are more than 5 million dog bite instances every year in the US. The cliché of the mail man being chased by the dog is based on the truth, as they are the most bitten of all, followed by senior citizens.

The American Veterinary Medical Association reports that there are 72 million dogs in the US, in around 43 million homes. These numbers can help you understand the severity of the problem. In order to bring relief to the victims and the dog owners, insurance companies offer dog bite insurance in the range of $100,000 – $300,000. Any dog owner whose dog bites someone who is performing his or her duty required by the law, or is in the owner’s premises by express or implied invitation from the owner, or due to negligence of the owner is considered liable. Florida dog bite statute states that if the dog owner has put up signs prominently warning trespassers of “Bad Dog” or if the person is under six years old and left unsupervised or if the bite happened due to the victim’s negligence the dog owner’s responsibility changes, in proportion to the victim’s contribution to the dog biting incident.

The official State of Florida website states that there are close to 700,000 people in Florida who are currently receiving some form of disability benefits. All disability benefits paid out to people in Florida with disabilities each year amount to $7.8 billion. Disability allowances are handled by the Florida Division of Disability Determinations. There are several criteria that are used to determine if a person qualifies to receive disability benefits. You can talk to your disability lawyer to help you determine if you are eligible.

Calculation of Disability Benefits

The calculation of disability benefits is primarily hinged on the person’s earning history prior to the disability. The higher the amount of income a person was earning prior to the disability, the more they will be entitled to receive in case they become injured or sick and can no longer work. That is the main reason why self-employed people are encouraged to report their incomes.

In these economically-challenging times, finding your capacity to work and fend for your family taken away by a disability can be one of life’s most cruel blows. The disability itself presents a considerable challenge in terms of the hardship and pain it brings to you and your family, not to mention the sometimes extreme difficulty you might experience trying to adjust to the new situation. It’s only natural that you will want to approach a state agency for compensation to help you rebuild your life. However, your experiences trying to pursue justice may prove to be Kafkaesque with red tape and hurdles to overcome. Although you may think that your disability case is cut-and-dry and you are optimistic that your disability hearing will be positive, the administrative law judge presiding over your disability hearing might take a different view of things. You may be denied which will add to your consternation and adding to your conundrum and troubles.

Despite this, you can take heart in knowing that more than 50% of first-time disability hearings are turned away by the courts. However, the good news is that the chances of your case being successful rise dramatically if you appeal. With no appeal, you will not be considered for compensation.

The State of Florida has many elderly people living in nursing homes. The trend of lawsuits being filed against nursing homes is a relatively new phenomenon. A recent web survey created to determine which states account for the largest share of these claim types in the country identified two states: Texas and Florida. These two states account for about 50% of claims filed nationwide. The biggest reason why Florida ranks as one of the states with the highest number of litigations filed against nursing homes can partly be explained by the stringent laws that protect the rights of nursing home residents in the state. Among them is the right for nursing home residents to receive sufficient medical care, privacy, therapeutic services, rehabilitative services, dignity, courtesy, and freedom from both physical and mental abuse.

Any person or organization, and not just the resident’s family members, can file a claim against a nursing home. There are many grounds on which you can file complaints, including mistreatment, unsafe conditions, lack of adequate staffing, poor care, improper charges, failure to readmit the resident after being discharged from a hospital, and concerns about transfers and discharges, to name a few. You can file your complaint in writing or through a simple phone call.

Despite its growing prevalence and the number of programs to help raise awareness, distracted driving can be difficult to understand. These FAQs can help you realize just how immense the potential is for disaster when you’re distracted behind the wheel.

Distracted driving has become a more serious epidemic than drunk driving. More people are killed in accidents involving distracted drivers every year than DUI, and this rate is only increasing. While a number of authorities have launched awareness programs concerning distracted driving, including the federal government, many people still do not realize just what constitutes distraction behind the wheel or the consequences of those actions. These FAQs can help you understand the situation and what you should and should not do.

BUI, or boating  under the influence, is responsible for a staggering number of arrests, accidents and deaths in Florida every year. It’s a significant crime and you should avoid it.

Hitting the water in your boat with a supply of your preferred beverage for an afternoon of fishing, skiing or swimming is a very popular thing in Florida. And because the state doesn’t outlaw drinking while boating, it’s become very common, as well. However, like driving a car, there are consequences to operating a boat under the influence. What should you know about these consequences?

Cheerleading doesn’t seem like an activity that would lead to a high number of injuries, but that’s actually untrue. A significant number of cheerleaders are injured every year. These injuries can be prevented by following new guidelines set out by the AAP.

Cheerleaders are expected fixtures at football games, basketball games, pep rallies and more. However, this once rather innocent activity has been transformed in recent years. It’s no longer just the process of leading spectators to cheer for the home team. Cheerleaders today are competitive athletes. As such, they can be the victim of injuries just like any other athlete. However, thanks to new AAP guidelines, many of these injuries can be prevented.

Teens and younger drivers have always been considered higher risks than older, more experienced drivers. However, a new study proves that young drivers are more likely to be involved in an auto accident because of cell phone use.

Distracted driving isn’t limited to just America’s youth, but a new study proves that younger drivers are much more likely to be involved in auto accidents because of their cell phones. For parents, this should be a wakeup call. For young drivers, this study should be the final incentive needed to convince them to put the phones down and ignore them when behind the wheel. What should you know about the study?

Most hotels do not have any type of carbon monoxide detectors. This has led directly to serious injuries and deaths across the country due to this invisible, odorless gas.

Staying in a hotel should be a relaxing experience. Most hotels worth your time go to considerable lengths to offer comfortable beds, cable TV programming and even complimentary meals at times. However, behind this congenial façade, there can be a serious threat lurking. Carbon monoxide is a very dangerous substance and it has already killed people in hotels across the country.

Many people forget that what is put out on social media sites is public. These posts can be used in any type of court case, so being aware of what you put out there is vital.

Social media has transformed the world. Facebook, Twitter, G+, YouTube and many other sites make it simple and easy for us to communicate with family and friends, and to form new connections with other people as well. However, it can be easy to forget that once something is posted on these sites, it’s out there forever. There’s no real way to take it back. What’s more, they can also be used against you in a court of law, in your personal injury case.