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	<title>Personal Injury Archives - Black Rock Trial Lawyers</title>
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	<title>Personal Injury Archives - Black Rock Trial Lawyers</title>
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		<title>Understanding the Statute of Limitations: Don’t Let Time Run Out on Your Case</title>
		<link>https://www.blackrocklaw.com/understanding-the-statute-of-limitations-dont-let-time-run-out-on-your-case/</link>
		
		<dc:creator><![CDATA[admin]]></dc:creator>
		<pubDate>Fri, 28 Feb 2025 14:13:26 +0000</pubDate>
				<category><![CDATA[Personal Injury]]></category>
		<guid isPermaLink="false">https://www.blackrocklaw.com/?p=5321</guid>

					<description><![CDATA[<p>If you’ve been wronged, whether through a personal injury, a breach of contract, or workplace discrimination, you may have the right to file a lawsuit. But here’s the catch—you don’t have forever. Every legal claim has a deadline, and if you miss it, you lose&#8230;</p>
<p>The post <a href="https://www.blackrocklaw.com/understanding-the-statute-of-limitations-dont-let-time-run-out-on-your-case/">Understanding the Statute of Limitations: Don’t Let Time Run Out on Your Case</a> appeared first on <a href="https://www.blackrocklaw.com">Black Rock Trial Lawyers</a>.</p>
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										<content:encoded><![CDATA[<p>If you’ve been <strong>wronged</strong>, whether through a <strong>personal injury, a breach of contract, or workplace discrimination</strong>, you may have the right to file a <strong>lawsuit</strong>. But <strong>here’s the catch</strong>—you <strong>don’t have forever</strong>. <strong>Every legal claim has a deadline</strong>, and if you miss it, you lose your <strong>right to take legal action</strong>.</p>
<p><strong>Trust me, courts don’t make exceptions</strong> just because you weren’t aware of the deadline. That’s why <strong>understanding the statute of limitations</strong> is crucial if you want to protect your rights.</p>
<p><strong>What Is the Statute of Limitations?</strong></p>
<p>The <strong>statute of limitations</strong> is a <strong>legal deadline</strong> that determines how long you have to file a lawsuit. If you <strong>miss this deadline</strong>, your case will likely be dismissed—<strong>no matter how strong your claim is</strong>.</p>
<p><strong>Florida Statute of Limitations: Key Deadlines for Different Legal Cases</strong></p>
<p>In <strong>Florida</strong>, the amount of time you have to file a lawsuit <strong>depends on the type of case</strong>. Below is a breakdown of the <strong>most common claims</strong> and their <strong>statute of limitations</strong>.</p>
<ol>
<li>
<h4><strong> Personal Injury Cases – 2 Years</strong></h4>
</li>
</ol>
<p>If you were <strong>injured</strong> due to someone else’s <strong>negligence</strong>, you have <strong>2 years</strong> to file a lawsuit. This includes:<br />
✔ <strong>Car accidents</strong><br />
✔ <strong>Slip and fall accidents</strong><br />
✔ <strong>Medical malpractice</strong><br />
✔ <strong>Dog bites</strong><br />
✔ <strong>Other injuries caused by negligence</strong></p>
<p>💡 <strong>Tip:</strong> Don’t delay seeking legal help—evidence can disappear, and witnesses can forget key details.</p>
<ol start="2">
<li><strong> Breach of Contract: Written vs. Oral Agreements</strong></li>
</ol>
<p>The statute of limitations for <strong>breach of contract cases</strong> depends on whether the agreement was <strong>written or oral</strong>:<br />
✔ <strong>Written contracts</strong> – You have <strong>5 years</strong> to file a lawsuit.<br />
✔ <strong>Oral contracts</strong> – You have <strong>4 years</strong> to file a lawsuit.</p>
<p>💡 <strong>Tip:</strong> If someone <strong>fails to uphold their end of a contract</strong>, act quickly before the deadline expires.</p>
<ol start="3">
<li><strong> Civil Rights Violations – 4 Years</strong></li>
</ol>
<p>If your <strong>civil rights have been violated</strong>, including cases involving:<br />
✔ <strong>Discrimination</strong><br />
✔ <strong>Unlawful arrests</strong><br />
✔ <strong>Police misconduct</strong><br />
✔ <strong>Violation of constitutional rights</strong></p>
<p>You have <strong>4 years</strong> to take legal action.</p>
<ol start="4">
<li><strong> Worker’s Compensation Injuries – 2 Years</strong></li>
</ol>
<p>If you were <strong>injured at work</strong> and need to file a <strong>worker’s compensation claim</strong>, you have <strong>2 years</strong> from the date you knew (or should have known) about the injury.</p>
<p>✔ <strong>Exception:</strong> Your time limit <strong>may be extended by one year</strong> if you received <strong>indemnity benefits or medical treatment</strong>.</p>
<p>💡 <strong>Tip:</strong> Report your workplace injury as soon as possible and consult an attorney to protect your claim.</p>
<ol start="5">
<li><strong> Workplace Discrimination – 180 Days</strong></li>
</ol>
<p>If you were a <strong>victim of workplace discrimination</strong>, time is especially limited.<br />
✔ <strong>You have only 180 days</strong> from the date of discrimination to file a charge with the <strong>Equal Employment Opportunity Commission (EEOC)</strong>.<br />
✔ <strong>Missing this deadline</strong> could mean losing your ability to file a legal claim against your employer.</p>
<p>💡 <strong>Tip:</strong> If you believe you’ve been discriminated against, <strong>don’t wait</strong>—seek legal guidance immediately.</p>
<p><strong>Why the Statute of Limitations Matters</strong></p>
<p>The <strong>statute of limitations isn’t just a technicality</strong>—it’s a <strong>hard deadline</strong> that can determine <strong>whether you have a case or not</strong>.</p>
<p>🚨 <strong>If you miss the deadline, your case will be dismissed—no exceptions.</strong> 🚨</p>
<p>That’s why it’s <strong>critical</strong> to take action <strong>as soon as possible</strong>. Delaying your case could mean losing the <strong>compensation and justice</strong> you deserve.</p>
<p><strong>What Should You Do If You Think You Have a Case?</strong></p>
<p>If you believe you have a <strong>valid claim</strong>, don’t wait. <strong>Time is not on your side</strong>. Taking early action can:<br />
✅ <strong>Strengthen your case</strong><br />
✅ <strong>Give your lawyer time to gather evidence</strong><br />
✅ <strong>Ensure you don’t miss critical deadlines</strong></p>
<p><strong>Get Legal Help Before Time Runs Out</strong></p>
<p>At <strong>Black Rock Trial Lawyers</strong>, we <strong>fight for individuals and businesses across Florida</strong>. Whether you’re dealing with a <strong>personal injury, contract dispute, workplace discrimination, or civil rights violation</strong>, our team is ready to help.</p>
<p>📞 <strong>Call or text us today at: 813-254-1777</strong><br />
📍 Serving clients throughout <strong>Tampa, Miami, Orlando, and all of Florida</strong></p>
<p><strong>Final Thought: Don’t Let Time Take Away Your Rights</strong></p>
<p>The <strong>statute of limitations</strong> is one of the most important aspects of any <strong>legal case</strong>. If you wait too long, you could <strong>lose your right to sue forever</strong>.</p>
<p>If you’re unsure whether you still have time to file, <strong>don’t risk it</strong>—<strong>schedule a consultation today</strong> and protect your rights before it’s too late.</p>
<p><strong>About the Author</strong></p>
<p><strong>Gil Sánchez, Esq.</strong><br />
CEO | Civil Trial, Civil Rights, Business Law Attorney<br />
<strong>Black Rock Trial Lawyers | Abogados Law</strong></p>
<p>The post <a href="https://www.blackrocklaw.com/understanding-the-statute-of-limitations-dont-let-time-run-out-on-your-case/">Understanding the Statute of Limitations: Don’t Let Time Run Out on Your Case</a> appeared first on <a href="https://www.blackrocklaw.com">Black Rock Trial Lawyers</a>.</p>
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		<title>Letter of Protection for Personal Injury Medical Treatment</title>
		<link>https://www.blackrocklaw.com/letter-of-protection-personal-injury/</link>
		
		<dc:creator><![CDATA[admin]]></dc:creator>
		<pubDate>Wed, 20 Mar 2024 13:12:11 +0000</pubDate>
				<guid isPermaLink="false">https://www.blackrocklaw.com/?p=4484</guid>

					<description><![CDATA[<p>The post <a href="https://www.blackrocklaw.com/letter-of-protection-personal-injury/">Letter of Protection for Personal Injury Medical Treatment</a> appeared first on <a href="https://www.blackrocklaw.com">Black Rock Trial Lawyers</a>.</p>
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			<p>Lacking insurance coverage to pay for medical treatment? A Letter of Protection serves as a lifeline.</p>
<p>In a personal injury case, medical expenses can be daunting, especially for those without insurance coverage. This is where a Letter of Protection (LOP) comes into play.</p>
<p>An LOP is a legal contract between a medical provider and our injured client guaranteeing payment for medical services rendered from the eventual settlement or verdict of their personal injury case.</p>
<p>It allows our client to receive the necessary medical treatment without upfront payment, ensuring that their health remains the top priority throughout the legal process. By leveraging an LOP, our clients can access quality medical care and focus on their recovery without the stress of immediate financial burdens.</p>
<p>Ultimately, we will be the one making the payment to the medical provider once the settlement check is received and deposited into the trust account.</p>
<p>If for whatever reason there is no or insufficient compensation, the medical provider can initiate collections on the outstanding balance.</p>
<p>An LOP can be a valuable tool for our clients and recommended on a case by case basis.</p>
<p>If you suffer a personal injury, call us at anytime.</p>
<p>Written by:</p>
<p>Gil Sánchez, Esq.<br />
CEO  | Civil Trial Attorney<br />
Black Rock Trial Lawyers<br />
Abogados Law</p>

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<p>The post <a href="https://www.blackrocklaw.com/letter-of-protection-personal-injury/">Letter of Protection for Personal Injury Medical Treatment</a> appeared first on <a href="https://www.blackrocklaw.com">Black Rock Trial Lawyers</a>.</p>
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		<title>Don’t Drown! Pursue Insurance to Cover Your Personal Injuries.</title>
		<link>https://www.blackrocklaw.com/dont-drown-pursue-insurance-to-cover-your-personal-injuries/</link>
		
		<dc:creator><![CDATA[admin]]></dc:creator>
		<pubDate>Thu, 20 Jul 2023 16:53:18 +0000</pubDate>
				<guid isPermaLink="false">https://www.blackrocklaw.com/?p=3961</guid>

					<description><![CDATA[<p>The post <a href="https://www.blackrocklaw.com/dont-drown-pursue-insurance-to-cover-your-personal-injuries/">Don’t Drown! Pursue Insurance to Cover Your Personal Injuries.</a> appeared first on <a href="https://www.blackrocklaw.com">Black Rock Trial Lawyers</a>.</p>
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			<p>Suffering a personal injury can turn your life upside down in an instant. From mounting medical bills to lost wages and emotional distress, the aftermath of an accident can be overwhelming. However, many people fail to realize that they may have a valuable resource available to them: insurance coverage held by the at-fault party. Pursuing insurance to cover your personal injuries is not only crucial for your medical treatment and financial recovery but also an essential step towards securing the compensation you deserve.</p>
<p>When you sustain a personal injury due to someone else&#8217;s negligence, it&#8217;s important to understand that the responsible party may have insurance coverage to compensate you for your damages. Whether it&#8217;s a car accident, slip and fall, or any other incident resulting in harm, the at-fault party&#8217;s insurance can provide a lifeline during your recovery. It&#8217;s essential to gather relevant information about the liable party&#8217;s insurance policy, including their insurance provider, policy limits, and contact details. Consulting with an experienced personal injury attorney can significantly assist in navigating the complexities of insurance claims.</p>
<p>Pursuing the at-fault party&#8217;s insurance coverage is a proactive step in seeking the financial support you need for your personal injuries. Insurance policies are designed to protect individuals from the financial fallout of accidents, providing coverage for medical expenses, rehabilitation costs, lost wages, and more. However, insurance companies are often profit-driven entities, and their primary goal is to minimize payouts. That&#8217;s where having a dedicated personal injury attorney on your side can make all the difference. At Black Rock Trial Lawyers, we can help gather evidence, negotiate with insurance adjusters, and advocate for your rights to ensure you receive a fair and just settlement.</p>
<p>Remember, your focus should be on healing and rebuilding your life after a personal injury. By pursuing insurance coverage to pay for your injuries, you can alleviate the burden of financial stress and secure the necessary resources to facilitate your recovery. We will guide you through the claims process, fighting tirelessly to maximize your compensation and hold the at-fault party accountable</p>
<p>Don&#8217;t hesitate to explore your options and contact us for legal representation to pursue insurance coverage. Together, we can help you regain control of your life and secure the justice you deserve.</p>
<p>Gil Sanchez, Esq.<br />
CEO | Senior Trial Attorney<br />
Personal Injury | Civil Rights | Complex Litigation | Business</p>

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<p>The post <a href="https://www.blackrocklaw.com/dont-drown-pursue-insurance-to-cover-your-personal-injuries/">Don’t Drown! Pursue Insurance to Cover Your Personal Injuries.</a> appeared first on <a href="https://www.blackrocklaw.com">Black Rock Trial Lawyers</a>.</p>
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		<title>Just because they deny, don’t rely! How insurance companies denial of a claim should not stop you from fighting against them.</title>
		<link>https://www.blackrocklaw.com/just-because-they-deny-dont-rely-how-insurance-companies-denial-of-a-claim-should-not-stop-you-from-fighting-against-them/</link>
		
		<dc:creator><![CDATA[admin]]></dc:creator>
		<pubDate>Wed, 02 Nov 2022 17:48:57 +0000</pubDate>
				<guid isPermaLink="false">https://www.blackrocklaw.com/?p=3327</guid>

					<description><![CDATA[<p>The post <a href="https://www.blackrocklaw.com/just-because-they-deny-dont-rely-how-insurance-companies-denial-of-a-claim-should-not-stop-you-from-fighting-against-them/">Just because they deny, don’t rely! How insurance companies denial of a claim should not stop you from fighting against them.</a> appeared first on <a href="https://www.blackrocklaw.com">Black Rock Trial Lawyers</a>.</p>
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			<h3><span style="font-weight: 400;">We have seen and heard all of the catchy insurance commercials:</span></h3>
<p><span style="font-weight: 400;">“Your in good hands with Allstate”,</span></p>
<p><span style="font-weight: 400;">“Like a good neighbor Statefarm is there.” or how can we forget the indelible gecko from GEICO.</span></p>
<p><span style="font-weight: 400;">Their marketing agencies have done a spectacular job to engrain in our brains with the catchy melody and slogan &#8211; even my 5 yr old hums the melody. It is all part of a master strategy to get your hard earned dollars with the illusion that when it’s time to cover a claim, they will. This could not be further from the truth.</span></p>
<p><span style="font-weight: 400;">Insurance companies have every angle covered on how they handle a claim. This includes knowing the percentage of  claimants who will not proceed with a claim when it is denied. What adds insult to injury is that the claims adjuster have money to offer but won&#8217;t since the odds are on there side. </span></p>
<h3><span style="font-weight: 400;">So what should you do if your insurance  claim is completely denied?</span></h3>
<p><span style="font-weight: 400;"> Immediately hire an experienced lawyer that can handle your claim. However, the attorney has to be a litigation attorney. Insurance companies already have a database of which lawyers actually litigate cases. At Black Rock Trial Lawyers we benefit from our daily litigation practice in state and federal courts to get the insurance companies attention. </span></p>
<p><span style="font-weight: 400;">Filing suit and litigating the case is the only way to force the insurance company to pay attention to the claim. In a lawsuit we use discovery methods such as depositions and subpoena powers to obtain the information and documents we need to prove our case. As the insurance companies defense attorneys see that we are officially exposing their weakness, the checkbook begins to open up (but not completely). </span></p>
<p><span style="font-weight: 400;">Every case we litigate we are always  </span></p>
<p><span style="font-weight: 400;">preparing to go trial. Some insurance companies will only offer their top dollar on the eve of trial. But the majority of the cases will settle at mediation. </span></p>
<p><span style="font-weight: 400;">It is frustrating to see our clients have to go through the agony of the unknown in a denied claim. But with a go-to trial mindset, we can turn a denied claim into a compensable one. </span></p>
<p><span style="font-weight: 400;">If you have had an insurance claim denied, contact us for a free consultation. We take these cases on a contingency retainer so you do not have to worry about paying any monies upfront to hire us (or to cover costs). </span></p>
<p>&nbsp;</p>
<p><span style="font-weight: 400;">Gil Sanchez, Esq.<br />
</span><span style="font-weight: 400;">CEO | Senior Managing Partner</span></p>

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<p>The post <a href="https://www.blackrocklaw.com/just-because-they-deny-dont-rely-how-insurance-companies-denial-of-a-claim-should-not-stop-you-from-fighting-against-them/">Just because they deny, don’t rely! How insurance companies denial of a claim should not stop you from fighting against them.</a> appeared first on <a href="https://www.blackrocklaw.com">Black Rock Trial Lawyers</a>.</p>
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		<title>#5 Factors to Determine the Value of a Personal Injury Case</title>
		<link>https://www.blackrocklaw.com/5-factors-to-determine-the-value-of-a-personal-injury-case/</link>
		
		<dc:creator><![CDATA[admin]]></dc:creator>
		<pubDate>Thu, 05 May 2022 05:02:04 +0000</pubDate>
				<guid isPermaLink="false">https://www.blackrocklaw.com/?p=2802</guid>

					<description><![CDATA[<p>Determining the value of your injuries in a personal injury case can be complex. On one hand, you have the tangible factors of calculating a personal injury case along with the intangible factors. Here are the #5 factors that must be considered when valuing a&#8230;</p>
<p>The post <a href="https://www.blackrocklaw.com/5-factors-to-determine-the-value-of-a-personal-injury-case/">#5 Factors to Determine the Value of a Personal Injury Case</a> appeared first on <a href="https://www.blackrocklaw.com">Black Rock Trial Lawyers</a>.</p>
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										<content:encoded><![CDATA[<p>Determining the value of your injuries in a personal injury case can be complex. On one hand, you have the tangible factors of calculating a personal injury case along with the intangible factors.</p>
<p>Here are the #5 factors that must be considered when valuing a personal injury case:</p>
<ol>
<li>Medical Bills Incurred in the Past</li>
<li>Future Medical Treatment</li>
<li>Past, Present &amp; Future Pain &amp; Suffering</li>
<li>Loss of Past Wages</li>
<li>Loss of Future Earning Capacity</li>
</ol>
<p>The tangible factors include things of certainty such as knowing the cost incurred for medical treatment. It is tangible because the medical provider provides a medical bill and it shows a balance, or if you did not receive a wage as result of missing work because of the injuries sustained.</p>
<p>Intangible factors are calculating past, present and future pain and suffering. You may ask how is this calculated? This is where an experienced trial attorney comes into play. In the closing argument at trial, the attorney presents a persuasive way that a jury should calculate pain and suffering based on trial testimony and evidence. As it turns out, the law does not give you a method of calculating pain &amp; suffering, so it is up to the attorney to do that. It is critical to hire an attorney who already has jury trial experience.</p>
<p>At Black Rock Law, we have experience in personal injury jury trials. We leverage our experience to determine the value of your case and will fight to maximize compensation.</p>
<p>We have extensive experience in all aspects of personal injury from auto accidents, pedestrian accidents and premises liability. Common personal injuries include:</p>
<ul>
<li>Neck and Back Injuries</li>
<li>Headaches and Traumatic Brain Injury</li>
<li>Ligament Tears</li>
<li>Bone Fractures</li>
</ul>
<p>Under the legal system, an injured victim has the right to compensation. We help people obtain the highest possible compensation for those impacted by acts of negligence.</p>
<p><strong>Our culture is defined by our CEO’s vision of <em>pursuing your justice so i</em>f you have suffered an injury, please call us 24/7 for a FREE case evaluation at: 1-800-346-7752.</strong></p>
<p><strong>NO COST TO YOU UNLESS WE WIN!</strong></p>
<p>The post <a href="https://www.blackrocklaw.com/5-factors-to-determine-the-value-of-a-personal-injury-case/">#5 Factors to Determine the Value of a Personal Injury Case</a> appeared first on <a href="https://www.blackrocklaw.com">Black Rock Trial Lawyers</a>.</p>
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		<title>6 Steps to Proving Negligence</title>
		<link>https://www.blackrocklaw.com/6-steps-to-proving-negligence/</link>
		
		<dc:creator><![CDATA[admin]]></dc:creator>
		<pubDate>Fri, 25 Mar 2022 18:55:03 +0000</pubDate>
				<guid isPermaLink="false">https://www.blackrocklaw.com/?p=2796</guid>

					<description><![CDATA[<p>Negligence is the failure of a person or company to use reasonable care towards someone (or something), resulting in injury or damage. In the legal world, you are entitled to compensation if you suffer injuries or damages because of someone’s negligence. However, the law is&#8230;</p>
<p>The post <a href="https://www.blackrocklaw.com/6-steps-to-proving-negligence/">6 Steps to Proving Negligence</a> appeared first on <a href="https://www.blackrocklaw.com">Black Rock Trial Lawyers</a>.</p>
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										<content:encoded><![CDATA[<p><iframe title="How We Can Help Your Personal Injury  Claim.  Attorney Gil Sanchez of Black Rock Trial Lawyers" width="1170" height="658" src="https://www.youtube.com/embed/tSVUhj0eHfs?feature=oembed" frameborder="0" allow="accelerometer; autoplay; clipboard-write; encrypted-media; gyroscope; picture-in-picture; web-share" referrerpolicy="strict-origin-when-cross-origin" allowfullscreen></iframe></p>
<p>Negligence is the failure of a person or company to use reasonable care towards someone (or something), resulting in injury or damage. In the legal world, you are entitled to compensation if you suffer injuries or damages because of someone’s negligence. However, the law is very specific as to proving negligence. We will now explain the four (4) elements/requirements of negligence through easy-to-understand examples in addition to two (2) additional steps to help secure compensation in your negligence claim:</p>
<h3><strong><u>#1: Duty: </u></strong></h3>
<p>A person who drives a car has a duty to operate their vehicle within a reasonable standard of care. This also means avoiding acts or omissions that could cause others harm. More specifically, a driver has a duty to follow the speed limit, not drink/text &amp; drive or fail to stop at a red light.  In a lawsuit for negligence, you must first identity the duty of the at-fault party.</p>
<h3><strong><u>#2: Breach of Duty</u></strong></h3>
<p>If a driver fails to stop at a red light, they breached their duty – simple! To put it another way, what would a reasonable person driving a car do if they are approaching a red light? Well, you stop! The way to actually prove the driver failed to stop at a red light is by gathering evidence in various ways such as the at-fault parties’ own admission, the injured victim’s testimony, video footage, eyewitnesses or the way the impact occurred.</p>
<h3><strong><u>#3: Causation </u></strong></h3>
<p><strong>    </strong>The direct cause of the accident was a result of the driver failing to stop at a red light and T-boning another car who legally passed through a green light. In essence, one bad act (blowing the red light) caused another bad act (hitting another car).</p>
<h3><strong><u>#4: Damages </u></strong></h3>
<p>The injured driver suffered injuries to their body (headaches, neck and/or back pain) and damages to their car resulting from the T-bone collision. Now, the injured party has to receive medical treatment (and accumulate medical bills) and pay for the fixing or replacement of the car. These are real damages, and the law allows the injured party to be made whole for damages suffered from the accident.</p>
<h3><strong><u>#5: Statute of Limitations </u></strong></h3>
<p>In Florida you have four (4) years from the time of the accident to file a lawsuit for negligence. Failure to do so will result in your inability to be compensated. So, even if you can prove negligence, if you do not do anything about it, then nothing will happen. Which leads us to the next part.</p>
<h3><strong><u>#6: Hire Black Rock Trial Lawyers</u></strong></h3>
<p>Do not go about the process alone. Although it is easy to explain negligence in a blog, it is difficult to do it on your own. Your insurance company and the at fault driver’s insurance company are not your friends. They are going to look out for their own interest and not yours. We are <a href="https://www.blackrocklaw.com/personal-injury-black-rock-trial-lawyers-tampa-florida/">personal injury trial lawyers</a> and will take cases before a jury of your peers. Insurance companies take us seriously and it helps us fight to obtain the maximum possible compensation for our clients.</p>
<p><a href="https://www.blackrocklaw.com/contacts/">Contact us</a> for a free and confidential consultation to discuss your <a href="https://www.blackrocklaw.com/auto-car-accidents/">personal injury auto accident</a> claim. It does not cost you anything to hire us. We are compensated only if we get compensation for you.</p>
<p>The post <a href="https://www.blackrocklaw.com/6-steps-to-proving-negligence/">6 Steps to Proving Negligence</a> appeared first on <a href="https://www.blackrocklaw.com">Black Rock Trial Lawyers</a>.</p>
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		<title>FOOD INJURY BLOG SERIES 3</title>
		<link>https://www.blackrocklaw.com/food-injury-blog-series-3/</link>
					<comments>https://www.blackrocklaw.com/food-injury-blog-series-3/#respond</comments>
		
		<dc:creator><![CDATA[admin]]></dc:creator>
		<pubDate>Wed, 09 Feb 2022 10:33:40 +0000</pubDate>
				<guid isPermaLink="false">https://blackrocklaw.com/new/?p=1012</guid>

					<description><![CDATA[<p>Part III of III: #2 Legal Theories That Apply in Food Injury Cases to Obtain Compensation Unfortunately many people who are victims of food injuries do not realize they have a claim nor the manner in which to be compensated. However, this is not the&#8230;</p>
<p>The post <a href="https://www.blackrocklaw.com/food-injury-blog-series-3/">FOOD INJURY BLOG SERIES 3</a> appeared first on <a href="https://www.blackrocklaw.com">Black Rock Trial Lawyers</a>.</p>
]]></description>
										<content:encoded><![CDATA[<h3><strong><em><u>Part III of III: #2 Legal Theories That Apply in Food Injury Cases to Obtain Compensation</u></em></strong></h3>
<p>Unfortunately many people who are victims of <strong><u>food injuries</u></strong> do not realize they have a claim nor the manner in which to be compensated. However, this is not the case.</p>
<p>An overwhelmingly majority of vendors of food products (i.e. restaurant, distributor, and manufacturer) have a General Liability insurance policy that covers food injuries.</p>
<p>The typical coverage is for one million dollars ($1,000,000.00) based on various legal theories.</p>
<p>Here are the #2 most utilized legal theories in <strong><u>food injury</u></strong> cases that are covered by General Liability insurance:</p>
<ol>
<li>Negligence</li>
<li>Warranty</li>
</ol>
<p><strong>NEGLIGENCE</strong></p>
<p>In the negligence cause of action against the entity responsible for the food injury you must: 1. Defendant had a duty to properly handle the preparation and serving of the food pursuant to rules, regulations and codes that govern such activity; 2. Defendant breached that duty by failing to properly following the various food preparation guidelines; 3. the failure to properly prepare and handle the food is what caused the food injury and 4. As result of the food injury, the victim suffered compensatory and non-compensatory damages.</p>
<p><strong>WARRANTY</strong></p>
<p>This is cause of action is known as an implied warranty of fitness for human consumption to food. It examines whether the food that caused the injury was to reasonable expectation of the customer and/or the food was “merchantable”.</p>
<p>Lastly, one of the key elements that must be shown is damages. Your injury and damages need to document medical records, medical bills, loss wages (past, present &amp; future), pain &amp; suffering (past, present &amp; future), medical expenses (past, present &amp; future).</p>
<p>Based on the above we can provide with a case value that we can assert and defend to an insurance adjuster or jury.</p>
<p>We are experienced <strong><u>personal injury trial lawyers</u></strong> in State and Federal Court. Insurance companies take us seriously. We fight to obtain the maximum compensation for you.</p>
<p><strong><u>Contact us now</u></strong> for a free and confidential consultation to discuss your <strong><u>food injury</u> </strong>case.</p>
<p><strong><em>It does not cost you anything to hire us.</em></strong></p>
<p><strong><em>We are compensated only if we win.</em></strong></p>
<p>We are here for you and your loved ones 24/7 because emergencies do happen.</p>
<p>Author: Gil Sanchez, Esq.</p>
<p>CEO &amp; Senior Trial Attorney</p>
<p>Personal Injury | Complex Civil Litigation | Civil Rights</p>
<p><strong>#FoodInjuryLaw #FoodPoisoning #FoodInjuryLawyers</strong></p>
<p><strong>#PersonalInjury #AutoAccidents #Slip&amp;Fall #PremisesLiability #PedestrianAccident #BikeAccidents #Negligence #InjuryClaims #FoodInjury #Pain&amp;Suffering #LossWages #EmotionalDistress #PropertyDamage #PersonalPropertyDamage #InjuryLawyers </strong></p>
<p><strong>#LitigationAttorneys #ProfessionalMalpractice #NegligentSecurity</strong></p>
<p>Black Rock Trial Lawyers | (813) 254-1777 | BlackRockLaw.com</p>
<p>#PursuingYourJustice#</p>
<p class="spphone_big"><a href="tel:18003467752"><strong><span style="font-size: 36pt;">1 800 346 7752</span></strong></a></p>
<p>The post <a href="https://www.blackrocklaw.com/food-injury-blog-series-3/">FOOD INJURY BLOG SERIES 3</a> appeared first on <a href="https://www.blackrocklaw.com">Black Rock Trial Lawyers</a>.</p>
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		<title>FOOD INJURY BLOG SERIES 2</title>
		<link>https://www.blackrocklaw.com/food-injury-blog-series-2/</link>
					<comments>https://www.blackrocklaw.com/food-injury-blog-series-2/#respond</comments>
		
		<dc:creator><![CDATA[admin]]></dc:creator>
		<pubDate>Wed, 09 Feb 2022 10:24:18 +0000</pubDate>
				<guid isPermaLink="false">https://blackrocklaw.com/new/?p=1005</guid>

					<description><![CDATA[<p>Part II of III: #5 Things To Do If You Suffer a Food Injury? In Part I of this Food Injury blog series we talked about the #4 most common food injuries: Allergic Reaction, Contaminated Food, Objects in the Food and Burning caused by food.&#8230;</p>
<p>The post <a href="https://www.blackrocklaw.com/food-injury-blog-series-2/">FOOD INJURY BLOG SERIES 2</a> appeared first on <a href="https://www.blackrocklaw.com">Black Rock Trial Lawyers</a>.</p>
]]></description>
										<content:encoded><![CDATA[<h3><strong><em><u>Part II of III: #5 Things To Do If You Suffer a Food Injury?</u></em></strong></h3>
<p>In Part I of this Food Injury blog series we talked about the #4 most common food injuries: Allergic Reaction, Contaminated Food, Objects in the Food and Burning caused by food. Now we will cover #3 things you need to immediately do if you suffer from a food injury.</p>
<p><strong>#1: Seek Immediate Medical Attention </strong></p>
<p>This is obvious but extremely important for your health and legal case. Food injuries can be life threatening. It is imperative you immediately go to a walk-in clinic, emergency room or telemedicine with your primary care physician.</p>
<p><strong><em>Make sure you clearly write in the initial intake sheet and articulate to the attending medical provider what you ate, when you ate it, where you ate it and the adverse reaction it caused.</em></strong></p>
<p>You also want to make sure that the medical provider is doing all of the available medical tests to determine cause of illness (i.e. bacteria from food etc.). This has to be clearly stated in the medical provider’s notes/chart.</p>
<p><strong>#2: Immediately Submit a Customer Complaint Form </strong></p>
<p>Do all that you can to submit a customer complaint form in person, by email or phone the same day of the food injury (or latest the next day). If you are not feeling well and can’t go in person than send an email through the vendor’s website or call the customer service line and report the food injury. Make sure you keep records of what you submitted and who you spoke too.</p>
<p><strong>#3: Preserve the Evidence (food, pictures and receipt)</strong></p>
<p>Documenting the food injury is critical. If you can, take pictures of the food or better yet preserve the food – please do it! Although gruesome, take pictures of any vomit, blood, burn or rashes (or just being in the ER). Lastly, try to keep a copy of the receipt (if they had the audacity to charge you).</p>
<p><strong>#4: Request Medical Records</strong></p>
<p>Medical records is the single most important evidence to prove a food injury case. It contains a report of what happened and the diagnoses. Make sure you request a copy of all your medical records from providers that treated your food injury.</p>
<p><strong>#5: Call Us!</strong></p>
<p>Timing in these cases is everything! It really is critical to preserve your potential for compensation to contact us immediately. We can assist in the filing the customer complaint and sending a letter of representation to headquarters. We will you handle the complexities that arise in food injury cases.</p>
<p>In Part III of III of our Food Injury blog series, we will discuss: <strong><em><u>#2 Legal Theories That Apply in Food Injury Cases to Obtain Compensation.</u></em></strong></p>
<p>We are experienced <strong><u>personal injury trial lawyers</u></strong> in State and Federal Court. Insurance companies take us seriously. We fight to obtain the maximum compensation for you.</p>
<p><strong><u>Contact us now</u></strong> for a free and confidential consultation to discuss your <strong><u>food injury</u> </strong>case.</p>
<p><strong><em>It does not cost you anything to hire us.</em></strong></p>
<p><strong><em>We are compensated only if we win.</em></strong></p>
<p>We are here for you and your loved ones 24/7 because emergencies do happen.</p>
<p>Author: Gil Sanchez, Esq.</p>
<p>CEO &amp; Senior Trial Attorney</p>
<p>Personal Injury | Complex Civil Litigation | Civil Rights</p>
<p><strong>#FoodInjuryLaw #FoodPoisoning #FoodInjuryLawyers</strong></p>
<p><strong>#PersonalInjury #AutoAccidents #Slip&amp;Fall #PremisesLiability #PedestrianAccident #BikeAccidents #Negligence #InjuryClaims #FoodInjury #Pain&amp;Suffering #LossWages #EmotionalDistress #PropertyDamage #PersonalPropertyDamage #InjuryLawyers </strong></p>
<p><strong>#LitigationAttorneys #ProfessionalMalpractice #NegligentSecurity</strong></p>
<p>Black Rock Trial Lawyers | (813) 254-1777 | BlackRockLaw.com</p>
<p>#PursuingYourJustice#</p>
<p class="spphone_big"><a href="tel:18003467752"><strong><span style="font-size: 36pt;">1 800 346 7752</span></strong></a></p>
<p>The post <a href="https://www.blackrocklaw.com/food-injury-blog-series-2/">FOOD INJURY BLOG SERIES 2</a> appeared first on <a href="https://www.blackrocklaw.com">Black Rock Trial Lawyers</a>.</p>
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		<title>3 Reasons Why Insurance Companies Do Not Want to Fairly Compensate Your Personal Injury Claim.</title>
		<link>https://www.blackrocklaw.com/3-reasons-why-insurance-companies-do-not-want-to-fairly-compensate-your-personal-injury-claim/</link>
		
		<dc:creator><![CDATA[admin]]></dc:creator>
		<pubDate>Wed, 09 Feb 2022 09:12:01 +0000</pubDate>
				<guid isPermaLink="false">https://blackrocklaw.com/new/?p=1534</guid>

					<description><![CDATA[<p>You would think that Insurance Companies want to fairly compensate you for your personal injury claim to avoid getting attorneys involved. Unfortunately, this is not the case when you are not represented by an experienced personal injury attorney. Here are #3 reasons why insurance companies&#8230;</p>
<p>The post <a href="https://www.blackrocklaw.com/3-reasons-why-insurance-companies-do-not-want-to-fairly-compensate-your-personal-injury-claim/">3 Reasons Why Insurance Companies Do Not Want to Fairly Compensate Your Personal Injury Claim.</a> appeared first on <a href="https://www.blackrocklaw.com">Black Rock Trial Lawyers</a>.</p>
]]></description>
										<content:encoded><![CDATA[<p>You would think that Insurance Companies want to fairly compensate you for your <strong><u>personal injury</u></strong> claim to avoid getting attorneys involved.</p>
<p>Unfortunately, this is not the case when you are not represented by an experienced <strong><u>personal injury attorney</u></strong>.</p>
<p>Here are #3 reasons why insurance companies do not want to fairly compensate your <strong><u>personal injury</u></strong> claim:</p>
<p><strong><em>#1: Employee Benefits:</em></strong> Claim adjusters are given certain dollar authorization to settle a claim. If they continuously settle claims below the maximum authorization, they get salary increases and/or bonuses.</p>
<p><strong><em>#2: Less Money to Generate from The Market:</em></strong> One of the primary way’s insurance companies make money is that they utilize premiums to invest in the markets. The profits generated from investments become one the primary sources of income for the insurance company. If they pay less claims than more money to put into the market.</p>
<p><strong><em>#3: Unrepresented Claimants Are Easy Prey:</em></strong> Insurance companies have complex algorithms, stats and formulas to value a claim. However, someone who is injured and not represented will not have access on the ways to properly value a personal injury claim.</p>
<p>The above holds true whether you are making a claim on your own policy or against the at fault party’s insurance company.</p>
<p>Time and again I have seen this play out at initial consultations. The potential client tells me they had an accident several months before getting medical treatment, talking to the insurance adjuster and without an attorney.</p>
<p>The insurance adjuster makes a low-ball offer, and they refuse to budge telling them they should take it because it is a fair offer.</p>
<p>I explain to the potential client they are getting “dupped” and they should hire us to handle their claim. Almost always the potential client agrees to retain the firm and off to the races.</p>
<p>We immediately get involved, send the letter of representation to the adjuster and immediately they assign a new adjuster.</p>
<p>When it is all said and done, and the claim gets settled at pre-suit or in litigation, the value we brought to the client’s case is significant.</p>
<p>The most rewarding part is when the client is deeply thankful for securing them maximum compensation and avoiding potential financial disaster when they were unrepresented.</p>
<p>Moral of the story: hire a us!</p>
<p>We are experienced personal injury trial lawyers in State and Federal Court. Insurance companies take us seriously. We fight to obtain the maximum compensation for you.</p>
<p><strong><u>Contact us now</u></strong> for a free and confidential consultation to discuss your <strong><u>personal injury</u> </strong>case. It does not cost you anything to hire us. We are compensated only if we win. We are here for you and your loved ones 24/7 because emergencies do happen.</p>
<p>Black Rock Trial Lawyers | (813) 254-1777 | BlackRockLaw.com</p>
<p>#PursuingYourJustice#</p>
<p>Author: Gil Sanchez, Esq.</p>
<p>CEO &amp; Senior Trial Attorney</p>
<p>Personal Injury | Complex Civil Litigation | Civil Rights</p>
<p><strong>#PersonalInjury #AutoAccidents #Slip&amp;Fall #PremisesLiability #PedestrianAccident #BikeAccidents #Negligence #InjuryClaims #FoodInjury #Pain&amp;Suffering #LossWages #EmotionalDistress #PropertyDamage #PersonalPropertyDamage #InjuryLawyers </strong></p>
<p><strong>#LitigationAttorneys #ProfessionalMalpractice #NegligentSecurity </strong></p>
<p class="spphone_big"><a href="tel:18003467752"><strong><span style="font-size: 36pt;">1 800 346 7752</span></strong></a></p>
<p>The post <a href="https://www.blackrocklaw.com/3-reasons-why-insurance-companies-do-not-want-to-fairly-compensate-your-personal-injury-claim/">3 Reasons Why Insurance Companies Do Not Want to Fairly Compensate Your Personal Injury Claim.</a> appeared first on <a href="https://www.blackrocklaw.com">Black Rock Trial Lawyers</a>.</p>
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		<title>#3 Must-Do’s If You Suffer a Slip &#038; Fall</title>
		<link>https://www.blackrocklaw.com/3-must-dos-if-you-suffer-a-slip-fall/</link>
		
		<dc:creator><![CDATA[admin]]></dc:creator>
		<pubDate>Wed, 09 Feb 2022 09:09:08 +0000</pubDate>
				<guid isPermaLink="false">https://blackrocklaw.com/new/?p=1530</guid>

					<description><![CDATA[<p>A Slip and Fall can happen virtually anywhere, instantaneously and cause serious personal injury. Putting it simply, a slip and fall happens because someone negligently maintained the floor where the accident occurred. It was a failure to timely clean up liquid, a foreign substance, an&#8230;</p>
<p>The post <a href="https://www.blackrocklaw.com/3-must-dos-if-you-suffer-a-slip-fall/">#3 Must-Do’s If You Suffer a Slip &#038; Fall</a> appeared first on <a href="https://www.blackrocklaw.com">Black Rock Trial Lawyers</a>.</p>
]]></description>
										<content:encoded><![CDATA[<section>A <strong><u>Slip and Fall</u></strong> can happen virtually anywhere, instantaneously and cause <strong><u>serious personal injury</u></strong>. Putting it simply, a slip and fall happens because someone negligently maintained the floor where the accident occurred. It was a failure to timely clean up liquid, a foreign substance, an object on the floor, or a defective floor.If you are injured because of a <strong><u>Slip and Fall</u></strong> at a business, commercial property or shopping plaza, we recommend you immediately do the following three (3) things to best protect yourself when making a claim against the business premises General Liability insurance:</section>
<section></section>
<section></section>
<section></section>
<section></section>
<section></section>
<section></section>
<section></section>
<section></section>
<section>
<ol>
<li>Preservation of Evidence: If possible, do all you can to document the scene of the incident such as take pictures or video. I know this is difficult to do immediately after a slip and fall happens but documenting what caused the slip and fall can be crucial for your case.</li>
</ol>
<ol start="2">
<li>File Incident Report: As soon as possible, request from an employee where the accident occurred for an Incident/Accident Report form so you can explain what occurred. If they don’t have one, take a piece of paper and describe what happened, date it, sign it, take a picture of it and give the original to the Manager. If you can do the above, call Corporate customer service or email them what happened.</li>
</ol>
<ol start="3">
<li>Immediate Medical Treatment: It is crucial you go to the ER, urgent care or walk-in clinic to get checked out. This is important for your health and to properly document your injuries. Make sure you give details as to how the accident occurred and that they accurately document what you said.</li>
</ol>
<p>All the above three (3) things you can do but do not go about the process alone.</p>
<p>We are experienced personal injury trial lawyers in State and Federal Court. Insurance companies take us seriously. We fight to obtain the maximum compensation for you.</p>
<p><strong><u>Contact us now</u></strong> for a free and confidential consultation to discuss your <strong><u>slip and fall personal injury</u> </strong>case. It does not cost you anything to hire us. We are compensated only if we win. We are here for you and your loved ones 24/7 because emergencies do happen. Black Rock Trial Lawyers #PursuingYourJustice.</p>
</section>
<p class="spphone_big"><a href="tel:18003467752"><strong><span style="font-size: 36pt;">1 800 346 7752</span></strong></a></p>
<p>The post <a href="https://www.blackrocklaw.com/3-must-dos-if-you-suffer-a-slip-fall/">#3 Must-Do’s If You Suffer a Slip &#038; Fall</a> appeared first on <a href="https://www.blackrocklaw.com">Black Rock Trial Lawyers</a>.</p>
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