Vastola & Kirwan – Personal Injury Attorneys at Law

Of the thousands of motor vehicle accident cases that are tried in courts over the years, following too closely is the most common cause of those accidents.  The law says that a driver of a motor vehicle should not follow another vehicle more closely than is reasonable and prudent, taking into consideration speed, traffic conditions,  condition of the roadway, and weather.  Three to five feet between you and the car in front of you is NOT enough distance if that car stops suddenly, or if your own driving is distracted momentarily by a child or a cell phone.  Three to five feet is NOT enough distance if the car behind you rams into you and pushes you forward.  If you are towing a boat, a trailer, or any other vehicle, that added weight is going to lengthen the space and time you need to make a stop.  Why do you drive so closely to the car in front of you?  It’s a habit, and this is one habit you should change.  Drive attentively and check your rearview mirror often.  If the driver behind you is following too closely, change lanes if possible and let him pass you.  He’s your worst nightmare!

If that guy following too closely behind you just rear-ended your vehicle, call personal injury lawyer, Jeff Vastola, on his cell phone now!  561-801 JEFF

In this day and age there are a lot of people considering filing for bankruptcy.  Are you one of them?  There are six types of bankruptcy set forth in the US bankruptcy code. Only three of these, chapters 7, 11 and 13, pertain to most people.

Individuals and businesses use Chapter 7 to liquidate all assets and ultimately obtain a discharge of all debts.  Chapter 11 can be used by businesses and individuals with substantial debts and assets to reorganize their finances.  Essentially their books are handed over to a trustee who, over time, pays off or negotiates with creditors to allow the debtor to get back on solid financial ground.  Chapter 13 is similar to Chapter 11, but applies only to individuals with a regular source of income.  Some debts cannot be discharged via bankruptcy.  Examples of these include criminal fines and restitution, some student loans, taxes, debts incurred by fraud, alimony and child support, and judgments for driving under the influence.

Although we do not handle bankruptcy law, our personal injury attorneys will be happy to talk with you and provide a referral.  Call Jeff on his cell phone now! 561-801-JEFF

Did you know that the right to a fair and impartial jury is guaranteed by both the Federal and State Constitutions?  You may have heard that in your civics class or somewhere else along the way, but do you really knowwhat that means?  A fair and impartial juror is one who will set aside all preconceived notions of right and wrong and apply the facts of the case to the law.  The law is specifically explained by the judge in that particular case.  The laws of physics, the laws of nature, or your own biblical notions of an eye for an eye do not apply.  The jury is there to decide all disputed questions of fact pertaining to that case.  In order to comply with the mandates set forth in our Constitutions, it is imperative that all jurors are able to decide those questions of fact fairly.  If not, trouble awaits

The mountain of case law on the rehabilitation of a partial juror is growing.  What that means is that more and more cases are being appealed because an unfair juror made it to the jury box.  If you are like everyone else and have a concern that our court dockets are overcrowded, be honest with yourself when called as a potential juror. To ensure the impartiality that our system of justice requires, be positive that you can make a decision based only on the facts you hear.

In order to ensure that individuals accused of a crime maintain their right to be heard before a jury of their peers, citizens over the age of 18 may, from time to time, be summoned to perform Jury Duty.  Jury duty in Florida is governed by Florida Statute Chapter 40.  It provides that jurors shall be taken from the pool of male and female persons at least 18 years old who are citizens of the United States, legal residents of the State of Florida, and who have a Florida driver license or identification card.  Every quarter, the Department of Highway Safety and Motor Vehicles delivers to the Clerk of Court in each county the list of persons that qualify.  From there the local clerks process the information to generate the random jury summonses. Most times jury duty lasts for only one day, and many employers pay an employee who is absent for jury duty.

While Florida Statute 40.013 does provide various categories of persons that are either excluded or qualify for excusal from jury duty, remember that jury duty is a privilege of a free society.  And, as a bonus, jury duty can be an interesting and informative experience.

Most importantly, do not ignore your jury Summons; you can be arrested if you do.

A day to remember all US veterans who stood watch, and continue to stand watch, 24/7 to protect our prescious freedoms.  Thank you.

Every state has ridiculous laws on their books and Florida is no exception.  Here’s one to tickle your funny bone:

Florida Statute 501.91, the Antifreeze Act of 1978. This Statute contains 14 subsections dealing with the registration,
adulteration, inspection and penalties associated with…you guessed it,antifreeze!!  Things must have been alittle slow up in Tallahassee in 1978!

If you need a personal injury lawyer for a more serious matter, call Jeff on his cell phone any time.

By show of hands, let’s see just how many people have actually read their homeowners insurance policy?  I don’t see any hands.  That’s right, you sitting there in front of your computer are in the vast majority of people that pay for a policy of insurance that you’ve never read.  Don’t worry, that policy will cover you…most of the time.

However, there are circumstances when your homeowners insurance policy will NOT cover you.  Probably without exception every homeowners policy of insurance contains exceptions to coverage, and it is those exceptions that require your attention.  Do you have an animal that could bite another person?  Do you have a motorcycle without separate motorcycle coverage?  If you are wondering whether your policy will provide the coverage you need, call your agent and schedule an appointment to discuss your situation.  It’s better to find out that you aren’t covered now so you can fill the gaps in coverage.  And, of course, you may always call Jeff Vastola, personal injury lawyer, if you have questions.                                                       CALL 801-JEFF!

STATUTE OF LIMITATIONS

Florida Statute 95.11 sets forth the periods of limitations, commonly referred to as the statute of limitations, for almost every type of case that you can file in Florida.  Why is this important?

First of all, the periods of limitations set forth in the Statute are deadlines.  Deadlines to file a lawsuit.  If you do not meet the deadline, your case is over before you started.  Beyond a couple of exceptions that might apply once in a blue moon, the general rule is that once the deadline has expired there is nothing you can do to get the court to reconsider your case. 

Periods of limitations can be downright confusing, but keep in mind these two especially.  For an auto accident or slip and fall accident, the statute is FOUR years from the date of the accident.  For medical malpractice or wrongful death the statute is only TWO years.  If you think you may want to pursue a claim, talk to a personal injury lawyer as soon as possible.  Remember, you may call us at any time if you have questions, consultations are always free.

 Whether or not you should hire a lawyer for your car accident depends on several factors.  Were you injured?  Was a police report filed?  Do vehicles have property damage?  Does the party at fault have insurance coverage?  If the person who hit you has no insurance, do you carry “uninsured motorist” coverage on your own policy?  (You should!)  Did you have to seek medical treatment because of injuries you received in the accident?  Do you need medical treatment but have no money or health insurance to pay for it? 

At Vastola & Associates a consultation is free.  Call us any time with these or other questions.  Our toll free number is 1 877-VASTOLA.

 Or… CALL JEFF ON HIS CELL PHONE:  561-707-5180.

Did you know you can provide the Florida Highway Patrol with emergency contact information that they will have in their database if you are ever in a serious accident?  This can save critical minutes in an emergency situation.  Go to www.flhsmv.gov.  On their home page, click the drop down menu for “Handle it Online”.  Click on “Emergency Contact Information” to enter your information in their database.

If you or a loved one has been in a serious accident, call Vastola & Associates       561 721- 2500, or call Jeff’s cell phone:  561 707-5180.