Vastola & Kirwan – Personal Injury Attorneys at Law

Have you been asked to sign a contract with provisions you don’t understand?  Beware before you sign, the law in Florida when it comes to contracts is that if you signed it, you are presumed to have read it and understood it.

Two contractual provisions that often get misconstrued as being the same thing are Choice of Law and Venue provisions.  A choice of law provision dictates what jurisdiction’s laws will be used no matter where the case is physically litigated.  The venue provision, on the other hand, is the provison that dictates where the lawsuit will be handled.  Be aware, when dealing with out of area parties, that their contracts will often contain choice of law clauses for other States and venue provisions for jurisdictions very far from you.  This could make it extremely difficult and or expensive to litigate if you find yourself in a dispute.

Are you looking for a personal injury lawyer?  Call Jeff on his cell phone any time:  561 801-JEFF.

Here’s another “silly law” that really isn’t so silly…

Every state has ridiculous laws on their books andFloridais no exception.  Have you ever heard that urban legend that tearing off a mattress label can land you in jail?  Well it’s not too far from the truth.

Florida Statute 501.145, entitled the Bedding Label Act, states:  All bedding manufactured and sold inFlorida must contain a label at least 1 inch by 2 inches in dimension specifically describing the materials used in the bedding.  It must be stitched or otherwise firmly attached, and anyone that sells bedding that contains used materials not labeled in accordance with this Statute commits a misdemeanor crime of the second degree.  MAKE SURE WHEN YOU BUY A MATTRESS THAT THIS LABEL IS ATTACHED!!

Victims have rights!  There are basically three different ways that a victim of crime can recover money because of the crime.  The first is restitution.  Restitution is an award of money that the criminal law judge orders the criminal to pay the victim.  The second method is filing a lawsuit against the criminal for that act that caused the injury.   Probably the most well known example of this type of recovery is when Ronald Goldman sued O.J. Simpson and was awarded millions of dollars.

The third is a much lesser known vehicle of financial recovery known as Victim Assistance.  The Victim Assistance Program is regulated by F.S. 960 and can be used to compensate victims from a State fund.  There are qualifications, so read the law for yourself to see if you qualify.

Call us at Vastola & Kirwan if you think you may have a personal injury case that should receive compensation.

Rules of the road for Florida can be found at Florida Statute 316, a very lengthy section of laws created to make our roads a safer place.  Here are just a couple.

1.  Florida Statute 316.076 pertains to flashing signals.  We had plenty of these after the hurricanes, and unfortunately we had plenty of bad accidents because drivers didn’t really understand the rule.  This Statute says that every vehicle shall stop at a flashing red.  No excuses.  The right to then proceed is the same as a four way stop.  This same Statute states that drivers approaching a flashing yellow may proceed through the intersection only with caution.  Do not plow through a flashing yellow without slowing down and looking both ways before proceeding.
2.  Florida Statute 316.126 deals with emergency vehicles and the obligation of everyone else to get out of the way.  How many times have you seen drivers blockin emergency vehicle in this town?  Too many, I’m sure.  This law says that every driver must immediately proceed to a position parallel to, and as close as reasonable to the closest edge of the curb clear of any intersection.  You must also drastically reduce your speed when passing an emergency vehicle or tow truck at the scene of an accident according to this same law.

Florida Statute 68.093 defines a “Vexatious Litigant” as any person or company that filed at least five or more lawsuits, not including small claims matters, within the previous five year period, without an attorney and without success.  So, why does it matter?  Well, vexatious litigants can be made to pay more money up front when they file again.  And sometimes they are not allowed to file again at all.  Moreover, all of these petty, unsuccessful lawsuits clog up an already overcrowded court system.

If you have a valid personal injury claim and would like to speak to a personal injury lawyer, call Jeff on his cell phone now: 561 801-JEFF.

I get a lot of calls from people that have done a good job of winning a judgment in small claims court but they don’t know what to do next.  Step 1, obtain a certified copy of your Judgment by going to the Clerk’s office of the courthouse where you won your case.  Step 2, record the Certified copy by going to the Recording Department and having the certified copy appear in the public records.  There is often a small charge for this service.  Your Judgment becomes a lien on the real property owned by the defendant if certain information is included in the document. Step 3, obtain indexing, and docketing the Writ of Execution. For a small fee the Clerk will likely forward the Writ to the Sheriff’s office for indexing and filing.  Next you should write a demand letter to the Defendant to pay up.  If that happens, remember to file a Satisfaction of Judgment to avoid penalties against you.

If you don’t get paid,you can levy on non-protected assets owned by the defendant alone and collect by having the sheriff conduct a public sale. Bear in mind that you may encounter significant hurdles due to Florida’s sweeping debtors’ protection laws.  Can you say OJ?

If you have questions and would like to talk to a personal injury lawyer, call Jeff or Stuart at 561 721-2500.  Or you can call Jeff on his cell phone anytime:  561 801-JEFF.

We wish for all of you prosperity and peace.

It’s official!  As of January 1, 2012, J. Stuart Kirwan, III, Esquire, is a partner in the law firm of Vastola & Kirwan, P.A.  We are honored to have Stuart’s experience and expertise enhance what our firm can offer to clients needing a personal injury lawyer.  Our new website address is www.vk-law.com and we hope you will continue to visit us often.  We look forward to continued growth and service in the coming year.  Our name has changed but our values of close client contact, dedicated service, integrity, and excellence remain the same.

If you have need of a personal injury attorney, or you think you may have a medical malpractice claim, call Jeff or Stuart at 561-721-2500.  Or, you can reach Jeff on his cell phone at any time– 561-801-JEFF.

What to do if you are in a motor vehicle accident in Palm
Beach County, Martin County, or any part of Florida:

• • Contact police.
  • If the other driver leaves the scene,
    get his/her license plate number.
  • Do not exchange information until police arrive.
  • Get a police report.
  • Get medical attention immediately, if needed.
  • Contact personal injury lawyer, Jeff Vastola, on his cell phone:  561 801-JEFF.

Believe it or not, the State of Florida does not require that you carry Uninsured Motorist benefits on your automobile policy.  Uninsured motorist (UM) insurance is coverage that protects you and your family from other drivers that do not carry any (or sufficient) insurance.

If you are injured by another driver’s negligence in Palm Beach County or elsewhere in Florida, and the other driver does not have any insurance or enough insurance to cover all the damages, you can utilize your own UM benefits to make up the difference. For example, if a serious accident leaves you with a hospital bill of $100,000.00 and the other driver has a $10,000 insurance policy, you will be personally responsible for the balance of $90,000.00.  If you have UM coverage of $100,000, your own policy will pay that balance.  If not, it comes out of your pocket.  Look into it.  Sometimes as much as $100,000 in UM coverage costs only a few extra dollars a month.  It’s money well spent!

If you’ve been in a motor vehicle accident and need to speak with a personal injury lawyer, call Jeff on his cell phone now.  561-801-JEFF.  We have staffed offices in North Palm Beach and Stuart (Martin County) but we represent clients throughout the state of Florida.

Your rights and liabilities regarding dogs, and more importantly, dangerous dogs are set forth in state statutes.  The owner of a dog that has bitten, regardless of the place, is liable for damages to the person bitten.  As a dog owner, you have the obligation of protecting others from your dog regardless of the potential viciousness of the dog or your lack of knowledge about its viciousness.  It used to be that a dog and its owner were allowed “one free bite” because the law required knowledge of the dog’s propensity to bite.  Not any more! The good news is that you can minimize your liability if you do the right things.

A conspicuous sign including the words “bad dog” can go a long way in defending yourself against a claim, but it has its limitations.  Any child under the age of 6, no matter what that child may be doing to your dog, will be allowed to pursue a claim against you regardless of signs you have posted and regardless of what steps you have taken to warn. Be extra careful if your dog has already demonstrated a predilection to bite.  You can be criminally prosecuted if your dog attacks more than once,  including lengthy jail terms!

If you have questions about an injury resulting from a dog bite (or other pet bite) call Jeff, personal injury lawyer, on his cell phone.  561 801-JEFF