J. Jeffrey Rice also named to ‘Best Lawyers’ list and 2022 ‘Lawyers of the Year’ list for construction law
FORT MYERS, Fla. (Sept. 2, 2021) – Accomplished Fort Myers attorneys J. Jeffrey Rice, John B. Cechman and Richard L. Purtz, all partners at Goldstein, Buckley, Cechman, Rice & Purtz, have been named to the prestigious 2021 Florida Super Lawyers list.
Super Lawyers, a Thomson Reuters business, is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The annual selections are made using a patented multiphase process that includes a statewide survey of lawyers, an independent research evaluation of candidates and peer reviews by practice area. Super Lawyers represent the top 5% of legal professionals in each state.
Rice has been named to the list each year since 2006. Cechman was named to the list in 2007, 2009, 2020 and 2021. Purtz was first named in 2009, and each year since 2017.
Additionally, Rice was named to 28th Edition of The Best Lawyers in America for commercial litigation and construction law as well as 2022 “Lawyers of the Year” recipient for construction law. Only a single lawyer in each practice area and community is honored with “Lawyers of the Year” Award. The Best Lawyers list on average recognizes six of every 100 lawyers in public practice.
Rice emphasizes his practice on commercial law, construction law and real estate. Cechman and Purtz are personal injury attorneys for the firm. All three and Managing Partner Christopher J. Smith are Florida Board Certified in Civil Trial, an honor approximately only 1% of trial lawyers achieve by trying a certain number of civil trials to verdict and passing a written exam. Rice is also Board Certified in business litigation and construction law.
In addition, Cechman, Smith, Rice and Purtz, as well as partners Stephen Buckley and Michael Versnik are also AV Preeminent rated, the highest rating attorneys can receive by Martindale Hubbell’s peer attorney and judges’ review. Smith and Cechman are also members of the American Board of Trial Advocates (ABOTA), a prestigious national invitation-only group of trial attorneys that has stringent requirements attorneys must meet to qualify.
Super Lawyers magazine featured Cechman, Rice and Purtz in its June issue, which was distributed to more than 62,000 attorneys and posted in an online directory. For more information about Super Lawyers, visit SuperLawyers.com.
About Goldstein, Buckley, Cechman, Rice & Purtz
Goldstein, Buckley, Cechman, Rice & Purtz, P.A., has offered a full complement of professional legal services to Southwest Florida clients since 1962. The firm’s experienced attorneys are board certified by the Florida Bar, and their areas of practice include personal injury and accidents, fall and premises liability, wrongful death, motorcycle and truck accidents, medical malpractice, real estate, commercial litigation, construction law, wills, estate planning and administration, social security law and criminal law. With offices in Fort Myers, Cape Coral, Naples, Lehigh Acres and Port Charlotte, attorneys can be reached by calling 239-334-1146 or visiting JusticeStartsNow.com.
Navigating the legal landscape surrounding spinal cord injury cases requires a comprehensive understanding of the myriad factors that can influence their value. In Fort Myers, FL, Goldstein, Buckley, Cechman, Rice & Purtz, P.A., brings a wealth of experience to the table in addressing these complex cases. From the specifics of the injury to the broader legal context, several key elements play a pivotal role in determining the value of a spinal cord injury case in this region.
Nature and Extent of the Injury
At the core of any spinal cord injury case lies the nature and extent of the injury suffered by the victim. The severity of spinal cord injuries can vary significantly, from mild to severe, and each case is unique. Factors such as the location of the injury along the spinal cord, the degree of impairment, and the long-term prognosis all contribute to shaping the value of the case. Goldstein, Buckley, Cechman, Rice & Purtz, P.A. understands the nuances associated with different types of spinal cord injuries and utilizes this knowledge to assess their clients’ cases accurately.
Medical Expenses and Future Care Costs
In Fort Myers, the cost of medical care for spinal cord injuries can be substantial. Medical expenses incurred immediately following the injury, ongoing rehabilitative care, and potential long-term care needs must all be taken into account. Goldstein, Buckley, Cechman, Rice & Purtz, P.A. works diligently to compile comprehensive documentation of all medical expenses related to the spinal cord injury. Additionally, the firm collaborates with medical specialists to assess and project future care costs, ensuring that no aspect of the financial burden is overlooked when determining the case’s value.
Lost Wages and Future Earning Capacit
Spinal cord injuries often result in a significant disruption to an individual’s ability to work and earn a living. Calculating the value of lost wages and factoring in the potential impact on future earning capacity demands a meticulous approach. Goldstein, Buckley, Cechman, Rice & Purtz, P.A. engages financial specialists to assess the economic consequences of a spinal cord injury, considering not only the immediate loss of income but also the long-term implications for the victim’s earning potential.
Pain and Suffering
Beyond the tangible economic losses, the intangible costs associated with pain and suffering are integral to determining the overall value of a spinal cord injury case. Goldstein, Buckley, Cechman, Rice & Purtz, P.A. recognizes the emotional toll and diminished quality of life that often accompany such injuries. The firm employs a compassionate and empathetic approach to convey the full impact of the injury to judges and juries, ensuring that the non-economic damages are adequately reflected in the compensation sought.
Liability and Comparative Fault
Establishing liability is a crucial aspect of any personal injury case, including those involving spinal cord injuries. Florida follows a comparative fault system, meaning that the compensation awarded may be adjusted based on the degree of fault attributed to each party involved. Goldstein, Buckley, Cechman, Rice & Purtz, P.A. conducts a thorough investigation to determine liability, working diligently to build a compelling case that minimizes any potential impact of comparative fault on the final compensation amount.
Insurance Coverage and Policy Limits
The availability of insurance coverage and the applicable policy limits can significantly impact the potential recovery in a spinal cord injury case. Goldstein, Buckley, Cechman, Rice & Purtz, P.A. leverages its extensive experience in dealing with insurance companies to navigate the complexities of policy terms and limits. The firm’s adept negotiation skills and understanding of insurance practices contribute to maximizing the compensation available to clients.
Statute of Limitations
In Fort Myers, FL, as in the rest of the state, there are strict time constraints within which a spinal cord injury case must be filed. Failure to adhere to the statute of limitations may result in the loss of the right to pursue compensation. Goldstein, Buckley, Cechman, Rice & Purtz, P.A. recognizes the critical importance of timely action and works diligently to initiate legal proceedings promptly, ensuring that clients’ rights are protected and the case is filed within the prescribed timeframe.
Rehabilitation and Support Services
Understanding the unique needs of individuals with spinal cord injuries is paramount to ensuring a successful rehabilitation process. Fort Myers, FL, is fortunate to have a range of rehabilitation and support services designed to aid in recovery. From physical therapy and adaptive equipment to counseling and support groups, these resources play a crucial role in helping survivors rebuild their lives.
Goldstein, Buckley, Cechman, Rice & Purtz, P.A. recognizes the importance of connecting clients with the appropriate rehabilitation and support services. By fostering collaboration with healthcare professionals and support organizations, the firm aims to empower survivors to achieve their highest level of independence and quality of life.
Community Engagement and Advocacy
Building a supportive community is a cornerstone of the recovery process for individuals with spinal cord injuries. Fort Myers boasts a network of organizations and advocates dedicated to raising awareness, promoting accessibility, and championing the rights of those affected by spinal cord injuries.
Goldstein, Buckley, Cechman, Rice & Purtz, P.A. is committed to not only advocating for clients within the legal realm but also contributing to the broader community effort. The firm actively engages with local initiatives, supporting events and organizations that strive to improve accessibility, eliminate barriers, and enhance the overall well-being of individuals living with spinal cord injuries.
Successfully navigating the complexities of a spinal cord injury case in Fort Myers, FL, requires a legal team with a deep understanding of the various factors influencing its value. Goldstein, Buckley, Cechman, Rice & Purtz, P.A. brings a wealth of experience to the table, addressing each element – from the specific details of the injury to the broader legal context – with precision and experience. If you or a loved one has suffered a spinal cord injury, don’t navigate this challenging terrain alone. Trust the seasoned professionals at Goldstein, Buckley, Cechman, Rice & Purtz, P.A. to advocate for your rights and pursue the compensation you deserve.
If you or someone you know is facing the aftermath of a spinal cord injury, it’s crucial to seek legal counsel promptly. Contact Goldstein, Buckley, Cechman, Rice & Purtz, P.A. today to schedule a consultation. Our experienced team is ready to provide the guidance and support you need to navigate the complexities of your case and pursue the compensation you deserve. Don’t delay – take the first step toward securing your rights and ensuring a brighter future.
Drinking While Boating: Alcohol and Water Don’t Mix
Drinking while boating does not go together well like water and whiskey might. Why? Because not all drunk driving happens on the road.
According to the United States Coast Guard, drinking while boating is a contributing factor in boating accidents that result in death. Also, alcohol is one of the top five contributing factors in boating accidents that result in injuries.
While places to go boating in Florida have not increased, the number of boat owners has, making Florida the top state for boaters. In 2021, the Florida Fish and Wildlife Conservation Commission (FWC) noted 1.01 million recreational boats were registered in Florida. Three years earlier, there were 950,000 registered recreational boats. Lee County had the third-most boat registrations across 67 Florida counties.
In a 2020 report, the U.S. Coast Guard found that nearly seven people died in boating accidents for every 100,000 recreational vessels registered throughout the country. This was an increase from 5.2 deaths per 100,00 registered recreational vessels in 2019.
More boats seem to equal more accidents. Lee County ranked No. 4 in Florida and Collier County No. 8 for boating accidents in 2021, according to the FWC.
“With more boats on the water, we want to spread the word about boating safety to both residents and visitors enjoying Florida’s year-round boating season,” said Maj. Rob Beaton, Boating and Waterways Section Leader for FWC. “A safe day while boating is a great day. Nothing can ruin a fun and memorable experience on the water faster than a boating accident.”
In Florida, it is illegal to operate a vessel with a blood-alcohol content (BAC) of .08 or higher, the same as operating a vehicle.
Why Drinking While Boating is a Bad Idea
The impact drinking has upon driving a vehicle on land is well-studied. However, less is known about how drinking while boating impacts ability.
For example, motion, the effect of waves and engine noise can intensify effects of substances. Water, sun and wind can impact how alcohol is absorbed. According to Mothers Against Drunk Driving, these stressors can make a boater’s coordination, judgment and reaction time decline even faster with alcohol. Also, boats don’t have brakes and operate a lot more like an airplane in some ways than a car.
Boat US Foundation did a test to understand the impact of alcohol consumption on boat operations. Two men and two women were asked to perform a slalom course, a steerage-speed run and a docking test.
After two 1-ounce drinks of 80-proof vodka or rum, all four did poorly on standard DUI field sobriety tests. However, they appeared more relaxed and confident for the on-the water tests. After three drinks, with a BAC of .08% to .12%, boat speed varied greatly. Two boaters hit the dock and one hit a buoy.
After the fourth round of drinks, a male and female test subject had reached .15% BAC, nearly twice the legal threshold in many states. They experienced great difficulty trying to accomplish the water test.
Safe Boating Tips
The National Safe Boating Council recommends these tips for boaters:
- Take a boating safety course. Anyone born after Jan. 1, 1988, is required to have a boater ID card.
- Check equipment. Schedule a free vessel safety check with the local Coast Guard Auxiliary to make sure all essential equipment is present, working and in good condition.
- Always let someone on shore know where you are going, when you plan to return, and make sure they have your boat type and registration number.
- Make sure everyone wears a life jacket – every time.
- Use an engine cut-off device – it is the law. It will stop the boat’s engine should the captain fall overboard.
- Watch the weather. Always check the forecast before departing on the water and frequently during the excursion.
- Know what is going on around you at all times. Nearly a quarter of all reported boating accidents in 2020 were caused by operator inattention or lack of a lookout.
- Be familiar with the area, local boating speed zones and always travel at a safe speed.
Help Us Stop Drinking While Boating
We are passionate supporters of MADD and the firm is a presenting sponsor for Southwest Florida’s Walk Like MADD 5K at JetBlue Park in September. Our attorneys have seen the impact of drunk driving personally, as well as through the clients we represent, reinforcing our advocacy for MADD.
You can support our team, or form a team of your own to help MADD ensure there are no more victims.
The sad truth is that drinking while boating or driving can injure or kill people. It is against the law to operate a boat while drinking. If you are injured in a boat accident, we are here to help. Contact us for a free consultation.
In the bustling streets of Port Charlotte, FL, the occurrence of vehicular accidents is an unfortunate reality that residents and visitors alike must contend with. However, not all accidents are created equal, and one notable distinction lies in the realm of truck accidents versus car accidents. Goldstein, Buckley, Cechman, Rice & Purtz, P.A. understand the unique challenges and legal intricacies associated with these distinct vehicular mishaps. In this comprehensive exploration, we delve into the key disparities between truck and car accidents in Port Charlotte, FL, shedding light on the specific requirements that victims must navigate in the aftermath of such incidents.
The Weighty Consequences
Truck accidents, owing to the sheer size and weight of these mammoth vehicles, often result in more severe consequences compared to their smaller counterparts. When a commercial truck collides with a car on the streets of Port Charlotte, the aftermath can be devastating. The sheer force generated by the impact can lead to catastrophic injuries, ranging from severe fractures to spinal cord damage, and even fatalities. The implications for the victims are profound, necessitating a thorough understanding of the legal landscape to secure rightful compensation.
Navigating the Legal Terrain
Truck accidents introduce a layer of complexity that sets them apart from typical car accidents. The involvement of commercial entities, such as trucking companies, adds a dimension of complexity to the legal proceedings. Determining liability becomes a nuanced process, often requiring a keen investigation into factors like driver fatigue, maintenance records, and compliance with federal regulations. Goldstein, Buckley, Cechman, Rice & Purtz, P.A. is well-versed in unraveling these intricate details to ensure that justice is served for the victims of truck accidents in Port Charlotte.
Regulatory Compliance
Unlike car accidents, where liability is primarily assessed based on traffic rules and driver conduct, truck accidents involve a deeper level of scrutiny. Federal regulations govern the trucking industry, encompassing aspects like driver hours, vehicle maintenance, and load securement. Failure to adhere to these regulations can significantly impact the outcome of a legal case. The legal team at Goldstein, Buckley, Cechman, Rice & Purtz, P.A. is adept at navigating this regulatory framework, using it to strengthen the claims of their clients in Port Charlotte.
Car Accidents
While car accidents are a more common occurrence, they come with their own set of challenges. The nature of injuries may vary, but the process of establishing liability and seeking compensation remains a pivotal aspect. Goldstein, Buckley, Cechman, Rice & Purtz, P.A. recognizes that even seemingly straightforward car accident cases in Port Charlotte can take unexpected turns, requiring a seasoned legal approach to ensure a fair resolution.
Determining Liability
In both truck and car accidents, establishing liability is the linchpin for securing compensation. In car accidents, factors such as reckless driving, failure to yield, or running a red light often form the basis for determining fault. On the other hand, truck accidents involve a more in-depth analysis of the circumstances, including the potential negligence of the driver, the trucking company, or other relevant parties. Goldstein, Buckley, Cechman, Rice & Purtz, P.A. leverages its extensive experience in Port Charlotte to meticulously investigate and build a compelling case for their clients.
Insurance Hurdles
Dealing with insurance companies can be a formidable challenge for accident victims. Trucking companies typically have robust insurance policies, but navigating the intricacies of these policies requires legal acumen. Car accidents, too, may involve complexities in dealing with insurance providers. Goldstein, Buckley, Cechman, Rice & Purtz, P.A. excels in negotiating with insurance companies, ensuring that their clients in Port Charlotte receive the compensation they deserve.
The Timely Pursuit of Justice
A crucial aspect that victims of both truck and car accidents must bear in mind is the statute of limitations. In Port Charlotte, FL, there is a limited timeframe within which legal action must be initiated. For truck accidents, the involvement of federal regulations may introduce additional considerations. Goldstein, Buckley, Cechman, Rice & Purtz, P.A. emphasizes the importance of seeking legal counsel promptly to ensure compliance with these timelines and to maximize the chances of a successful outcome.
Empathy in Legal Representation
Goldstein, Buckley, Cechman, Rice & Purtz, P.A. takes pride in its client-centric approach, recognizing the emotional toll that accidents can take on individuals and families. The legal team understands that each case is unique, requiring a tailored strategy to address the specific needs and challenges faced by the victims. This empathetic stance sets them apart in the legal landscape of Port Charlotte, fostering trust and confidence among their clients.
Physical Rehabilitation
The injuries sustained in truck and car accidents often necessitate extensive physical rehabilitation. From fractures and concussions to more severe spinal cord injuries, victims may face a prolonged period of medical treatment and therapy. Goldstein, Buckley, Cechman, Rice & Purtz, P.A. collaborates with medical professionals in Port Charlotte to ensure that their clients receive the necessary care and support to regain their physical well-being.
Navigating Mental Health Challenges
The emotional toll of a vehicular accident can be profound, affecting not only the victims but their families as well. Anxiety, depression, and post-traumatic stress disorder (PTSD) are not uncommon in the aftermath of such incidents. Recognizing the importance of mental health, Goldstein, Buckley, Cechman, Rice & Purtz, P.A. encourages clients to seek the support of mental health professionals in Port Charlotte. This holistic approach acknowledges that true recovery encompasses both physical and emotional well-being.
In the aftermath of a truck or car accident in Port Charlotte, FL, the importance of legal representation cannot be overstated. Goldstein, Buckley, Cechman, Rice & Purtz, P.A. stands as a beacon of support for those navigating the complexities of personal injury law. If you or a loved one has been involved in a vehicular accident, don’t navigate the legal terrain alone. Contact Goldstein, Buckley, Cechman, Rice & Purtz, P.A. today for a compassionate and experienced legal team dedicated to seeking justice and securing rightful compensation.
As you embark on the journey towards resolution, remember that legal assistance is not just a necessity; it is your right. Goldstein, Buckley, Cechman, Rice & Purtz, P.A. is here to guide you through every step, providing steadfast support in the pursuit of justice. Let us be your advocates, fighting for your rights and ensuring that the legal system works for you in Port Charlotte, FL.
Negligent Security Injury Tips
Were you hurt due to the negligence of a business or property owner in Florida? Check out our negligent security injury tips, then call us.
Mistakes After a Negligent Security Claim
A common mistake that someone may make if they have a negligent security case in Florida is not really realizing they have a negligent security case. A negligent security case is where a property owner, whether it be a gas station or some sort of big-box retailer, know that there are some issues on their property, say with crime. They have violent crimes where they’ve had people mugged or they’ve had shootings, and then they don’t appropriately protect the people that are coming on their property. If they don’t appropriately protect someone and that person is injured, then there’s a case. You see these sort of things happen all the time and the person just thinks, “Well, the person that assaulted me is really the at-fault party,” but, no, the at-fault party can be the actual place of business that you’re going to, where you have an expectation that you’re going to be safe. That’s what a negligent security case is.
Another common mistake is not hiring an attorney right away. In a negligent security case, oftentimes there will be video that will show the incident, if you’re at some sort of business premises where they have video cameras, and the person doesn’t hire an attorney, so we can’t get the appropriate evidence, can’t get the witnesses and statements from them, so we can’t build your case appropriately. You really need to hire an attorney right away that knows what they’re doing.
Case Value
That comes down to multiple factors. First of all, you have to prove that the defendant was in some way negligent; that’s called liability. The way you do that is, say if there’s an assault that happens on a property or if there’s a shooting that happens on a property, you need to look at the history on that property. There are different call logs through different police departments where you can find if there were similar crimes in the past, and that’s kind of how you build your negligent security case. You need an attorney, first of all, that can show you how to do that, that can pull the right documents to be able to prove that the defendant was negligent in some way, that they should have had security on the property because there’s a history of bad behavior on the property.
The second part of that is damages. Damages can be lost wages, pain and suffering, loss of the capacity of the enjoyment of life, and medical bills. All of those factor into determining the value of a case, and the damages portion is a lot about the attorney’s skill in maximizing each of those elements of damages and understanding the history of what has happened in similar cases around the state.
Case Timeline
If we have someone that comes to us with a negligent security case where they were hurt on a property, because the property owner didn’t have proper security and there was an assault or a shooting, something to that effect, they want to know how long that negligent security case is going to take. We tell them that that really depends on a lot of things. First of all, it depends on if the insurance company is going to deny, defend and delay in the case or if they’re going to come with reasonable money quickly, and sometimes they do.
As your attorneys, we can act quickly. We can preserve all the evidence. We can get statements, so we can put together a special damages letter within the first few months after the accident, and we can settle the case. Even when we do that, at times, the insurance company will just deny the case or defend it because they know sometimes attorneys will not put the case into lawsuit or go the next step to recover for their client.
Have you or a loved one been hurt due to the negligence of a business or property owner in Florida and have questions about negligent security injury tips? Contact our experienced Southwest Florida Negligent Security lawyers today for a free consultation and case evaluation.
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In the wake of a bicycle accident, victims often find themselves grappling with physical injuries, emotional distress, and a myriad of logistical challenges. In Florida, where the warm weather and scenic landscapes encourage cycling, accidents involving bicycles are unfortunately common. When such incidents occur, it becomes imperative for individuals to gather compelling evidence to support any potential legal claims. Goldstein, Buckley, Cechman, Rice & Purtz, P.A., a renowned law firm with a strong presence in Florida, recognizes the importance of securing solid evidence to build a robust case. This article aims to guide individuals on the critical steps to take when gathering evidence after a bicycle accident in the Sunshine State.
Immediate Steps at the Accident Scene
The first moments after a bicycle accident are crucial for gathering evidence. If physically able, individuals should take immediate action to ensure the preservation of vital information. Start by contacting law enforcement to report the incident. Wait for them to arrive and document the scene. It’s essential to exchange contact information with all parties involved, including witnesses. Ensure that photographs are taken of the accident site, damaged vehicles, and any visible injuries.
Medical Documentation
Seeking prompt medical attention is not only crucial for your health but also for the legal aspects of your case. Medical records serve as valuable evidence to establish the extent of your injuries and link them directly to the bicycle accident. Follow your healthcare provider’s recommendations diligently, attend all scheduled appointments, and retain copies of medical bills, prescriptions, and treatment plans.
Police Reports and Statements
After the accident, law enforcement will generate a police report detailing their findings. This document can be a critical piece of evidence in establishing liability. Obtain a copy of the police report and review it for accuracy. If there are inaccuracies, work with the authorities to correct them promptly. Additionally, provide your own statement, ensuring that your recollection of the events is documented for future reference.
Witness Statements and Contact Information
Eyewitness accounts can be instrumental in corroborating your version of events. Collect statements from individuals who witnessed the accident, detailing what they observed. Ensure you obtain their contact information so that they can be reached later if necessary. Witness testimonies often provide objective perspectives that can significantly strengthen your case.
Surveillance Footage and Photographs
In the age of technology, surveillance cameras are ubiquitous. Look for any nearby businesses or traffic cameras that may have captured the accident. If possible, obtain footage of the incident and preserve it for your legal team. Additionally, take photographs of your bicycle, any damaged property, and the surrounding area. Visual documentation can serve as powerful evidence in reconstructing the accident.
Preserving Physical Evidence
Retain any physical evidence from the scene, such as damaged clothing, the bicycle itself, or any objects involved in the accident. These items can offer tangible proof of the severity of the incident and may be useful during legal proceedings. Ensure that these items are securely stored and not tampered with to maintain their integrity.
Communication Records
Keep a record of all communications related to the accident. This includes emails, text messages, and any written correspondence with insurance companies, law enforcement, and healthcare providers. These records can provide a timeline of events and demonstrate your commitment to resolving the aftermath of the accident.
Weather and Road Conditions
Florida’s unpredictable weather and varied road conditions can significantly impact the circumstances of a bicycle accident. Note the weather conditions at the time of the incident, as well as any road hazards or defects. If possible, take photographs of the road conditions, such as potholes or uneven surfaces, that may have contributed to the accident. This information can be vital in establishing liability and negligence.
Timeline of Events
Create a detailed timeline of events leading up to, during, and after the accident. Include specific times, locations, and actions taken by all parties involved. This timeline can serve as a comprehensive reference point for your legal team, helping them understand the sequence of events and identify any discrepancies or inconsistencies in the opposing party’s account.
Expert Opinions and Accident Reconstruction
Consider consulting with accident reconstruction experts or relevant specialists who can provide an expert opinion on the mechanics of the accident. These professionals can use their experience to recreate the scene, analyze evidence, and offer insights into how the accident occurred. Their input can be invaluable in strengthening your case and establishing a clear narrative.
Preserving Social Media and Online Activity
In today’s digital age, social media can play a significant role in legal proceedings. Preserve all relevant social media posts, messages, and online activity related to the accident. The opposing party or their insurance company may attempt to use your online presence against you, so it’s crucial to be mindful of what you share and to document any relevant information.
Navigating the aftermath of a bicycle accident can be overwhelming, but gathering evidence is paramount for a successful legal resolution. Goldstein, Buckley, Cechman, Rice & Purtz, P.A. understands the complexities of such cases and emphasizes the importance of thorough evidence collection. By following these steps, individuals involved in bicycle accidents in Florida can strengthen their position and increase the likelihood of a favorable outcome in any potential legal proceedings.
If you’ve been involved in a bicycle accident and need experienced legal guidance, contact Goldstein, Buckley, Cechman, Rice & Purtz, P.A. Our experienced team is ready to assist you in navigating the legal complexities and securing the compensation you deserve. Your peace of mind is our priority.
Marine Corps veterans have been trying for decades to get relief for health issues from water contamination at Camp Lejeune. This happened from 1953 to 1987 at Marine Corps Base Camp Lejeune in North Carolina.
Investigations identified more than 70 chemicals in some of the wells at the base during this time. These harmful chemicals had concentrations from 240 to 3,500 times levels permitted by safety standards.
As a result, people were drinking, bathing, washing their clothes and cooking in water potentially contaminated. Chemicals in the water included benzene, which is highly poisonous and can cause rapid death.
Congress mandated a United State Military Corps online registry. More than 135,000 former base residents are on the list for possible exposure. At least 900,000 veterans, family members and civilian employees may have been exposed.
Conditions associated with the contamination include:
- Various cancers
- Leukemia
- Miscarriage
- Female infertility
- Hepatic steatosis
- Myelodysplastic syndromes
- Neurobehavioral effects
- Non-Hodgkin’s lymphoma
- Renal toxicity
- Scleroderma
- Parkinson’s disease
- Multiple myeloma
- Mesothelioma, among others.
What Happened to the Water at Camp Lejeune?
Two of the eight water treatment plants at the base had contaminated water. Contamination likely came from an off-base dry-cleaning company, cleaning military equipment and underground fuel storage tanks.
Water sampling in 1980 discovered the contamination at the base. However, action was not immediately taken. Exposed people were denied compensation or treatment for their injuries, while officials debated the potential of harm from the water. The first public statement on the contamination at Camp Lejeune was made in 1997.
In 2005, veterans began filing more than 850 lawsuits against the government for harm.
Four years later, the federal government began to investigate allegations as well as failures to act on the issue.
The Janey Ensminger Act passed in August 2012. The law provides Veterans Affairs (VA) benefits for specific illnesses linked to contamination. But the VA has often denied claims and made the process difficult.
In addition, the Centers for Disease Control and Prevention found in 2014 that the contaminated water increases the risk of multiple diseases, including liver cancer, kidney cancer and ALS.
Still, in 2016, the court dismissed all 2005 lawsuits, saying federal and North Carolina law barred the claims.
What has Changed for Camp Lejeune Residents Exposed to Contamination?
On August 10, 2022, the Honoring Our Promise to Address Comprehensive Toxics Act of 2022 was signed into law by President Biden. The act allows Marine Corps veterans to seek compensation for health conditions related to contaminated water exposure at Camp Lejeune. It overrides the laws that barred previous lawsuits, allowing veterans two years from when the law was signed to sue the government for damages.
Section 804 of that law, the Camp Lejeune Justice Act, provides damages for past injuries from Camp LeJeune toxic exposure. Also, it is the first law that provides compensation to the civilian family members of veterans stationed at the base as well as those who came onto the base for work.
The new law allows veterans with certain service experience to seek compensation, even without proving an in-service injury or illness. Disability compensation usually requires evidence of a current disability, an in-service injury or illness, and a link between the illness and disability.
Instead, the new law presumes exposure to contaminated water for active duty, reserve or National Guard in service at the base for a total of at least 30 days between Aug. 1, 1953, and Dec. 31, 1987, expanding the rights and benefits available to people exposed to toxic water while working or serving at Camp Lejeune.
Exposed at Camp LeJeune? You Have Options
The Camp Lejeune Justice Act of 2022 also outlines the Cost of War Toxic Exposures Fund. This fund is administered by the VA. Its purpose is to pay for health care and benefits associated with exposure to environmental hazards during military service.
Exposed to contaminated water at Lake Lejeune from 1953 to 1987? You can get a free, no-obligation consultation. We will help you understand the actions you can take to protect your rights and to file a strong claim for the compensation you deserve. Filing a claim with the federal court is separate from filing a claim with the U.S. Department of Veterans Affairs. So, it is important to work with a qualified, knowledgeable attorney.
Personal Injury Case Expectations
Have you suffered an injury of someone being negligent and have questions about personal injury case expectations? Call our Florida lawyers.
1) Mistakes After a Your Injury Claim
The value of a personal injury claim in Florida is what the question presents and that is it’s personal. These are personal injury claims, personal to you. The value of that claim depends on many factors and many things that go into looking at what that claim is worth. It starts from the insurance company’s perspective with your medical bills. What did it take to treat these conditions that resulted from the accident or the incident? The value of the claim also includes things like your wage loss if you missed work as a result of the accident and your injuries. That goes into determining a value of the claim.
It’s so much more than that. The value of the claim is personal— how this claim has affected you, how it’s affected the way you go about your daily activities, the things that you enjoy doing, your hobbies, your interests. The value of the claim varies based upon many factors that go into a case.
2) Pre-Existing Injury
Personal injury claims and pre-existing conditions are things that are at the forefront of most cases that are handled in Florida. Those are things that do impact cases. Insurance companies like to look at pre-existing conditions and try to blame the effects of the accident on those pre-existing conditions. Luckily, when you have an experienced attorney like us at Goldstein Buckley Cechman, Rice & Purtz, we know how to flip that argument on its head because what the law tells us is that simply because you were suffering from some form of pre-existing condition, be it a prior spinal cord injury, be it prior neck pain or back pain, just because you may have those things in the past doesn’t mean that you cannot collect damages you deserve from suffering an aggravation or an exacerbation of those prior conditions, again, things in your past that have been reignited, brought to life, and intensified as the result of the accident in question.
While it is certainly something that is at the forefront of cases when those pre-existing conditions exist, having the right attorneys to know how to deal with those situations in the right context and how to make those situations most beneficial for you folks that suffer from those sort of things in your past is so paramount and important to making sure you are choosing the right attorneys. What we do when we get a case is, we certainly ask about the accident and your injuries as a result of the accident. What we do is take a deep dive into your medical past, not in an effort to undervalue your claim but in an effort to get that ammunition we need to try and prove what we know to be true, and that’s that the accident and the injuries more times than not have caused those underlying conditions to be reignited, brought to the forefront, and you are now suffering worse than you ever had before.
3) Taking the First Settlement Offer
In Florida, insurance companies will make an initial offer generally early on in the process. More times than not, it is not advisable to take their initial offer. Insurance companies work to try to turn files over, which means get it off their desk and get you candidly out of their hair. What we do at Goldstein Buckley Cechman, Rice & Purtz is we put together comprehensive damages packets that we will send out to insurance companies at the right time. Timing is important because those first offers generally are not the best offers. We work hard to put together that information, give the insurance company all they need to evaluate your case, and the vast, vast majority of the time, we see offers increase as we continue to work through your case putting together the accident, your injuries, the damages, and how those have affected you. Holding out a little longer while time can obviously be a factor more times than not is generally in your best interest and we will be with you the full view of the way to get you to a point where you get to decide what justice is for you and what we should do with offers from the insurance company.
4) Medical Bills
To have a personal injury claim in Florida, there is no minimum amount of medical bills necessary. Medical bills are an important part of your case because when evaluating your case, as insurance companies do, they like to see what those medical bills amount to and have to say. That is not the end all, be all in your personal injury case in the state of Florida. Your damages include things like economic damages, those would be the medical bills in the past that we just discussed. There is also the need for future medical care in the future. You also have a wage loss component to your case if that comes into play and you missed work as a result of the injury sustained in the accident or the incident. Then you also have a claim for what’s called loss of future earning capacity. That would mean that the accident and your injuries have hindered you from performing and earning money in the way that you did in the past.
Above all those other economic dollars and cents type damages, there’s also damages in Florida for things called pain and suffering. It includes more than just pain and suffering. It includes inconvenience, what you had to go through as a result of the injuries, the medical care and treatment, and your ongoing issues. It includes your loss of capacity for enjoyment of life, those things that were near and dear to your heart that have been affected as a result of your injuries and your inability to perform as you did before. It also includes things like mental anguish and distress, what you have had to go through as a result of these trying times, these injuries that you’ve suffered, the medical care and treatment that you’ve had to endure.
While medical expenses are a part of your claim, there is no concrete money dollar value that you must have in order to present a claim in Florida. It is all encompassing on the person and the personal aspect of these cases and that’s why they’re called personal injuries.
Have you suffered a serious injury at the hands of someone who has been careless or negligent and have questions about personal injury case expectations? Contact our experienced Southwest Florida personal injury lawyers today for a free consultation and case evaluation.
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In the vibrant city of Cape Coral, Florida, the thrill of the open road beckons motorcycle enthusiasts to explore its scenic landscapes and enjoy the freedom that comes with riding. However, the exhilaration of cruising on two wheels can sometimes turn into a nightmare when negligence enters the picture. Motorcycle accidents, unfortunately, are not uncommon, and understanding the legal aspects of negligence in these cases is crucial for those seeking justice and compensation.
The Role of Negligence in Motorcycle Accidents
Negligence is a central concept in personal injury law, and motorcycle accidents are no exception. When someone fails to act with reasonable care, leading to harm or injury to another person, it constitutes negligence. In the context of motorcycle accidents, negligence can manifest in various ways, such as reckless driving, failure to yield, or distracted driving. Establishing negligence is a critical step in pursuing a personal injury claim after a motorcycle accident.
Proving Negligence in Cape Coral, FL
To successfully navigate a motorcycle accident claim in Cape Coral, it’s essential to understand the elements that constitute negligence under Florida law. Firstly, there must be a duty of care owed by the party at fault to the injured motorcyclist. This duty of care is a legal obligation to act reasonably and avoid causing harm to others on the road.
Secondly, there must be a breach of that duty. This breach occurs when the responsible party fails to meet the standard of care expected in a given situation. In the case of motorcycle accidents, this could involve actions like speeding, running red lights, or any behavior that deviates from what a reasonable person would do.
Thirdly, the breach of duty must be the direct cause of the motorcycle accident. Establishing a clear link between the negligent actions and the resulting harm is crucial for a successful claim. Finally, there must be actual damages suffered by the injured party, such as medical expenses, property damage, or pain and suffering.
Comparative Negligence in Florida
Florida follows a comparative negligence system, which means that the compensation an injured party receives can be reduced based on their degree of fault. Understanding this system is vital when pursuing a motorcycle accident claim in Cape Coral. For example, if a motorcyclist is found to be 20% at fault for the accident, their compensation will be reduced by that percentage.
Navigating the complexities of comparative negligence requires legal experience. Goldstein, Buckley, Cechman, Rice & Purtz, P.A., with its extensive experience in personal injury law, can guide individuals through this process, ensuring fair compensation even in cases where shared fault exists.
Importance of Legal Representation in Motorcycle Accident Claims
Given the complexities of negligence and comparative negligence in motorcycle accident cases, having experienced legal representation is crucial. Goldstein, Buckley, Cechman, Rice & Purtz, P.A. understands the unique challenges faced by motorcycle accident victims and provides dedicated advocacy to ensure their rights are protected.
The legal team at Goldstein, Buckley, Cechman, Rice & Purtz, P.A. possesses a deep understanding of Florida’s personal injury laws, including those specific to Cape Coral. This knowledge enables them to build strong cases for their clients, gathering evidence, interviewing witnesses, and negotiating with insurance companies to secure fair compensation.
Statute of Limitations in Motorcycle Accident Claims
In Cape Coral, as in the rest of Florida, there is a limited timeframe within which a motorcycle accident claim must be filed. This is known as the statute of limitations. Failing to initiate legal action within this timeframe can result in the forfeiture of the right to seek compensation. Goldstein, Buckley, Cechman, Rice & Purtz, P.A. is well-versed in the intricacies of these timelines and ensures that their clients’ claims are filed within the prescribed period.
The Ongoing Impact: Physical, Emotional, and Financial Strain
Beyond the legal intricacies, it’s essential to acknowledge the multifaceted impact that a motorcycle accident can have on the lives of those involved. The aftermath often extends far beyond physical injuries, with emotional trauma and financial strain becoming significant burdens for victims and their families.
Physically, motorcycle accidents can result in severe injuries, ranging from broken bones to traumatic brain injuries. The road to recovery is often long and arduous, involving extensive medical treatments, rehabilitation, and potential long-term disabilities. Emotional scars can be just as challenging to overcome, with the psychological toll of an accident affecting mental health and overall well-being.
The financial strain stemming from medical bills, property damage, and potential loss of income can be overwhelming. Goldstein, Buckley, Cechman, Rice & Purtz, P.A. recognizes the holistic impact of motorcycle accidents and approaches each case with sensitivity and understanding. Their commitment extends beyond legal representation, encompassing support for the physical, emotional, and financial recovery of their clients.
The Importance of Thorough Investigation
Successfully navigating a motorcycle accident claim requires a thorough investigation into the circumstances surrounding the incident. Goldstein, Buckley, Cechman, Rice & Purtz, P.A. conducts comprehensive investigations to establish the facts of the case, identify all responsible parties, and gather evidence to strengthen the claim.
This meticulous approach is crucial in building a compelling case for compensation. From analyzing accident reports to interviewing witnesses and consulting with accident reconstruction , the legal team leaves no stone unturned in their pursuit of justice. Their commitment to a detailed investigation sets them apart, ensuring that clients have the strongest possible case in their quest for compensation.
Navigating Insurance Challenges
Dealing with insurance companies is an inevitable aspect of motorcycle accident claims. However, insurance companies are profit-driven entities, and their primary goal is to minimize payouts. Goldstein, Buckley, Cechman, Rice & Purtz, P.A. has extensive experience in negotiating with insurance companies, advocating for their clients’ rights, and ensuring that they receive fair compensation.
Understanding the tactics employed by insurance adjusters is key to overcoming challenges in the claims process. The legal team at Goldstein, Buckley, Cechman, Rice & Purtz, P.A. has a deep understanding of these tactics and employs strategic negotiation techniques to secure optimal outcomes for their clients. Whether dealing with initial claim assessments, settlement negotiations, or potential litigation, their focus remains on achieving the best possible results.
In the aftermath of a motorcycle accident in Cape Coral, FL, understanding the intricacies of negligence and the legal requirements for a successful claim is paramount. Goldstein, Buckley, Cechman, Rice & Purtz, P.A. stands as a pillar of support for those navigating the complexities of personal injury law. With a commitment to justice and a track record of successful outcomes, the legal team at Goldstein, Buckley, Cechman, Rice & Purtz, P.A. is dedicated to ensuring that motorcycle accident victims receive the compensation they deserve.
If you or a loved one has been involved in a motorcycle accident, don’t navigate the legal complexities alone. Contact Goldstein, Buckley, Cechman, Rice & Purtz, P.A. for a free consultation and let their experienced attorneys guide you towards the justice and compensation you rightfully deserve. Your journey to recovery starts with knowledgeable and compassionate legal representation.