One of the primary laws dealing with overtime in the U. S. is the Fair Labor Standards Act (FLSA) which was passed in 1937. The United States adopted the Act in order to set certain wage standards and guidelines for employers. The FLSA requires that employees who work overtime be paid for the additional time they have worked beyond the standard 40 hour work week. In addition to the FLSA, the state of Florida also has a separate set of regulations that employers must follow when it comes to paying overtime for their employees.

• In Florida, overtime wage payments are structured to go along with the U.S. guidelines. Often, though, an employer may ask an employee to do something that seems innocent, such as requesting them to check company email or answer an office-related text message over their lunch break, or maybe staying a few minutes late so they can wrap up a meeting. They may require employees to set up or put away equipment before or after normal working hours or may not pay for time spent on legally mandated breaks. If this has happened to you and you are a non-exempt employee, you may be entitled to an overtime wage claim in Florida. All of this unpaid time can add up, too: if you only work an extra 20-30 minutes a day doing these "extras", that means you are working unpaid for at least two hours a week. Figured at $12.00 an hour over a two year period, your employer could owe you $2,500.00!
• Most "salaried" employees are entitled to an overtime wage payment! In many cases, being paid a salary just means the employee gets paid the same amount of money each week. Your status as an exempt or non-exempt employee is what determines your eligibility for overtime pay.
• Some employees work over a two-week pay period that adds up to an average of forty hours a week (an example would be when you work 35 hours in one week and 45 hours in the second week). It is not allowable for an employer to average your work hours between two weeks to determine overtime pay. In cases like this, you may be entitled to overtime pay for the second week if you are a non-exempt employee.
• Employers can not give you comp time off instead of paying you overtime wages. This is a violation of the FLSA.
• The FLSA and the Florida wage laws prohibit employers from punishing or firing an employee who has asserted his or her rights to overtime wages.
• The FLSA allows employees two years to file an overtime lawsuit or three years if the employer’s violation was willful. Employees and former employees should file a claim with a Florida overtime wage attorney as soon as possible after a suspected violation so the attorney can put the strongest possible case together.

Even though the FLSA is supposed to provide regulations that provide that all employees are treated fairly, some employers routinely fail to pay their employees overtime pay, even if they do not intentionally try to get out of doing it. The overtime wage laws are confusing and complex – it is easy for employers to either misinterpret the FSLA or try to get around the law to avoid paying their employees a Florida overtime wage.

Florida overtime attorney Joseph M. Maus can help if you have a question or need information on Florida overtime wage claims. Contact him at 1-866-556-5529 or email him today for a free consultation. The Law Office of Joseph M. Maus and Associates has handled some of the largest Florida overtime wage claims. Attorneys in their offices were recently appointed in Federal Court as lead counsel in an Overtime Class Action against a large Fortune 500 Company.

The following is an expert answer given by Florida Premises Liability Lawyer, Joseph M. Maus, and taken from AllExperts.com, a free Q & A service on the internet:

Question: I have been reading some of the other posts for slip and falls. I don’t see any information or letters that pertain to grocery carts (not that there aren’t any.) I was at a grocery store with my 17 month old daughter sitting in the front compartment of a grocery cart (she was buckled in) and my son sitting in basket. I felt the cart was wobbling however I knew I only wanted to pick up a few items so it would not take long. Well as my son was getting out, I held onto the cart, however, because the wheels were not secure, the cart tipped over with my daughter in the cart. She fell on her side and injured her hand, however no broken bones according to her Pediatrician. I filled out an accident report with the store manager and he did see the blood on her hand after the fall. A rep for the store called and left me a message today. My question is, am I entitled to any compensation for my daughters pain and suffering? After reading some of the other letters I don’t think the injuries are severe enough to seek an attorney or should I? Do you think it would be necessary to write a letter demanding or requesting a settlement? Thank you for your time! Your site has been very helpful.

Answer:
Your email does not indicate what state you live in.  I am a Florida personal injury accidents attorney specializing in auto accidents, slip and falls, and workers compensation claims.  Laws vary from state to state so the best advice I can give you is to consult with an accident lawyer in your area.

Regarding your daughter’s accident, the same standard for negligence should apply.  In Florida, a store owner owes two duties to its customers – maintain the property in a reasonably safe condition, and to warn its customers of dangerous conditions that the customers cannot appreciate themselves.  This would extend to a store’s grocery carts and making sure they are in good working order.  A cart that tips over on its own while your daughter is sitting in it is obviously not working properly.

Most stores do routine maintenance on their carts so that they operate properly for shoppers.  However, just judging by my own experience at grocery and "big box" stores, it is the exception that you get a grocery cart that works properly, rather than the norm. You almost always get a cart with a wobbly wheel.  In order to determine whether you have a claim to pursue against this store, you would have to be able to show that this particular store was not properly maintaining its carts.  In my opinion, based on what happened with the cart, if your daughter’s injury is serious enough, you should pursue the claim.

At least in the case of Florida personal injury accidents and in most other states, when making a negligence claim for injuries, you can recover damages for pain and suffering, both in the past and if she is going to have pain and suffering in the future due to the injury.  Additionally, you can recover damages for past and future medical bills.

You may want to ask the grocery store if they have an insurance policy which has medical payments coverage, also known as "medpay".  Medpay is insurance coverage that will reimburse you for any out of pocket medical expenses you incur for medical treatment for your daughter.  The store would also have liability coverage which is insurance which covers claims such as your daughters.

You do have the opportunity to try and settle your daughters claim without an accident lawyer.  It just depends on how serious the injury is.  For very minor injuries, I would probably suggest putting in writing a summary of how the accident occurred, the reason the store is responsible, and details of your daughter’s injury and medical care.  You should include a demand for settlement – a dollar figure – which you would be comfortable settling the claim for.  Keep in mind, whatever dollar figure you put down, the store or its insurance company will try to negotiate down from that amount, i.e. aim high.

If the injury is more serious, I would not hesitate to speak with an experienced accident injury attorney.  An attorney specializing in negligence claims will know how to proceed on the claim to maximize your daughters’ recovery, and to resolve the claim as quickly as possible.  One of the first things you or your accident lawyer would want to do is to advise the store to preserve the cart, without alteration, so it can be inspected to determine why it tipped over.

FOLLOW UP RESPONSE:

Hi Joseph, yes I am in Apopka, FL…sorry about that. Thank you so much for responding so quickly.

My intentions were to write a letter demanding compensation for pain and suffering not for the medical. My insurance covers my daughter’s medical 100%.

When I return the call to the rep for the grocery store should I tell her I will be writing a letter requesting compensation? Can you help me with writing the letter and where the letter should be sent? Should I copy anyone in upper mgmt such as the CEO, CFO, COO, etc? I am willing to pay (if it’s not too expensive).

By the way, with regards to the cart: the manager told the cart attendent to remove the cart after the incident happened.

Thank you again for all your help!!!

Answer:
You should probably explain to the grocery store representative that you are considering hiring an attorney as your daughter is having significant problems with her injuries.  You can inquire about the possibility of a settlement prior to you hiring an attorney.  The store will most likely request a settlement demand, preferably in writing, and summarizing your daughter’s injuries, to include an amount you are comfortable settling the claim for.  Keep in mind the grocery store will attempt to negotiate down from whatever you demand, so leave yourself room to negotiate.

If you’re not satisfied with the grocery store’s response, I would probably speak with a Florida personal injury accidents lawyer.  Most Florida injury attorneys handle these claims on a contingent basis, which means you would not have to pay them anything out of your pocket, but they would be entitled to a percentage of whatever is recovered, usually 1/3 if the claim is settled before filing a lawsuit.

With regard to the cart, you obviously want the cart removed from being used, but you don’t want it destroyed or repaired.  If you need to file a lawsuit down the road, you will need that cart to prove liability against the grocery store.

For more information about Florida personal injury accidents, contact Florida premises liability lawyer, Joseph M. Maus at 1-866-556-5529, visit his website at www.mauslawfirm.com, or email him today.

The following is an expert answer given by Florida Premises Liability Lawyer, Joseph M. Maus, and taken from AllExperts.com, a free Q & A service on the internet:

Question:
This is going to sound awful! I was rear ended in May of this year. When it gets down to settling, how does one determine that a lawyer has "actually" gotten what the case is worth?

By this I mean I kind of feel like it would just be easier for contingent lawyers to just take the first offer and move on – so how does a client determine if they should reject the settlement and have a lawyer go back and fight for more or if it is really a fair settlement? For a lay person it’s very hard to determine the amount of battle done by an attorney before accepting an offer.

Let’s pretend you are my attorney. You tell me the settlement offer and I refuse it. Can you then dismiss me as a client? Is there a way to determine, in Florida, what is "fair"? I hope this is not offensive but is there a site where you can plug in an impairment rating and see averages for Florida auto accidents lawyers or something like that?!

Answer:
This is a great question.  It is very difficult for me to know exactly what is going through the client’s mind when, as their Florida accident lawyer, I tell a client about a settlement offer on their accident
claim.  Sometimes, the client will tip you off that the offer "sounds great", or sometimes when the offer is low, you’ll hear the client’s disappointment.  But, your question raises issues that really need to be considered in communicating settlement offers to clients, and are probably taken for granted by the attorney many times.

The short answer to your question is – there is no uniform amount of money that will be paid to a person in a Florida injury or accident claim simply based upon an impairment rating, or even based upon a particular type of injury, i.e. torn ligament in knee requiring surgery; unoperated herniated disc in the neck or back.  The reason is that every case, every client, and the adjusters and insurance companies handling the claims are different. Even the county your claim is being made in, and the time of year you try settling your claim factor into the settlement value on any particular injury case. The primary factors in establishing a value for a Florida accident injury settlement are the nature and extent of any injury(s), the amount of medical bills (past and future), the amount of lost wages or loss of earning capacity (past and future), and the amount of pain and suffering related to the injury (past and future).

Your email asks how you can be certain that the accident lawyer has fought for you to obtain the maximum recovery, instead of just accepting the first offer that is made.  I can only speak from my experience – if I don’t maximize the recovery for each client, and make sure the client is satisfied with the work done on their file, I will never see the client again, nor have them refer another client to my office.  The vast majority of Florida injury accident cases that I work on are referred by former clients, or by attorneys that don’t specialize in accident injury cases.  If the client or referral source is not comfortable with what has been done on the file, and comfortable with the amount of money they receive from their case, my referral well dries up, and I go out of business.  Self preservation is strong motivation to do the best job you can!

Keep in mind that Florida auto accidents lawyers are paid on a contingent basis.  Their attorney fee is a percentage of what they recover for you. Putting aside an attorney’s ethical responsibility of representing the client to the best of their abilities, there is strong incentive to maximize any settlement offer to their client – the more they obtain for the client, the more they make for themselves as attorney’s fees.

One of the things you can do to become more comfortable with the amount of "battle" that has been done on your accident claim, is to ask the accident lawyer to show you the file, and any correspondence that has been sent to or received from the insurance company.  Most offers to settle a Florida injury claim by insurance companies are put in writing and sent to the Florida auto accident lawyers who are handling the case. You’ll see where your lawyer started, what the basis for the demand was, the strengths and weaknesses that have been discussed, and whether the offer you are being asked to consider is the first offer, or maybe the fifth (and last).

As for discharging your attorney, you can do that, and choose to go it alone, or transfer the file to another attorney.  But, the discharged attorney will usually be entitled to a lien against your settlement proceeds for work that has been done on your file.

You also asked about a website to punch in an impairment rating to find out a case value.  I do not know of a website like that.  The closest thing to that is the Florida Jury Verdict Reporter which documents trial verdicts throughout the State.  It details the county a case was tried in, the attorneys and doctors involved in the case, the nature and extent of any injuries, liability issues, the amount of the verdict, and additional details about the case.  I don’t know if the public has access to this Reporter, but most Florida auto accidents lawyers do.

Good luck with your claim.

For more information about your rights in a case, call the Florida auto accidents lawyers of Joseph M. Maus and Associates at 1-866-556-5529, visit their website at mauslawfirm.com or email them today.

The following is an expert answer given by Florida Premises Liability Lawyer, Joseph M. Maus, and taken from AllExperts.com, a free Q & A service on the internet:

Question: In June my daughter got off of the public bus and crossed the street as a pedestrian and was hit by a vehicle that went around the bus. My daughter went to the hospital for observation and suffered bruises, rib fracture and she did recover in a week. The lady who was driving the car’s insurance company has just gotten back in touch with me and said that my daughters bodily injury claim is being denied due to she ran out in front of the bus (which is not true, the bus driver told her to cross). I feel that they are being very unjustified in not compensating my daughter. Is it too late to hire an attorney? I never hired one originally because I was only trying to be fair and was happy that my daughter was not very badly hurt, however I do not feel that they should not offer her any compensaton for her injury and it was my auto insurance who paid her medical bills. Basically the driver who hit my daughter got off free and I do not feel this is justified. Any advice would be greatly appreciated. My daughter still has permanent marks on her left side. I feel the insurance company rendered this decision because we did not obtain an attorney.

Answer:
You are probably right.  Insurance companies know that most people that are not accident lawyers will not file a lawsuit, or know how to file a lawsuit, if their claim is denied.  The insurance company will either offer a very small settlement, or no settlement offer at all.

Your email does not say in what state the accident happened.  I am a Florida accident injury lawyer specializing in Florida car accidents, slip and falls, and work accidents.  Laws vary from state to state, so you should speak to an accident injury lawyer in your state to find out what laws may apply.

Your first concern should be the Statute of Limitations in your state.  A statute of limitations is a statutory time limit in which any claim arising out of a car accident has to be filed.  If the claim is not filed in that time period, your claim may be barred.  In the case of Florida car accidents, the Statute of Limitations for a car accident is four years from the date of accident.

If the Statute of Limitations has not run on your daughters claim, you can definitely still bring a claim against the driver, but you will most likely need an accident injury lawyer to do it.  The insurance company is disputing that their driver was at fault, and you will probably need to file a lawsuit, conduct discovery (depositions, interrogatories, document requests), through which the issue of who was at fault for the accident may become more clear.  You or your accident attorney will want to find out if there were any independent witnesses, maybe video surveillance from the bus or intersection, or any other evidence which may show the driver of the car was at fault.

One other issue to consider is whether the bus driver was at fault.  I handled a very similar accident in which a boy tried to cross a very busy 6 lane road after being dropped off by a school bus.  He was struck by a car and badly injured.  We filed suit not only against the driver of the car that hit him, but also against the School Board as the bus driver was not supposed to drop the child where he did on the date of the accident.  The actual bus stop was around the corner on a much quieter, and less traveled, street.  However, through discovery, we learned that the bus driver regularly dropped students at bus stops that were not the actual scheduled stops for that school bus.

Finally, in the case of Florida car accidents, when a school bus has stopped, it automatically extends red signs from both sides of the bus which alert traffic behind and alongside it, to stop.  If a driver goes around the bus while it is stopped dropping off children, the driver can be cited for a traffic infraction. Your email does not give all the facts surrounding the accident, but if the driver went around the bus while the signs were extended, the insurance company is going to have a difficult time denying liability for its driver.

If your daughter still has scarring from the accident, or is feeling any residual effects, you should definitely pursue the claim further.  I file lawsuits on claims all the time where the insurance company, or at fault party, takes the position that they are not responsible.

If your daughter’s accident occurred in Florida, please give me a call.  I would be interested in speaking to you further about the claim.

For more information about your rights if you are involved in any Florida car accidents, contact the Florida auto accident lawyers at Joseph M. Maus, P.A.at 1-866-556-5529 or email them today.

The following is an expert answer given by Florida Premises Liability Lawyer, Joseph M. Maus, and taken from AllExperts.com, a free Q & A service on the internet:

Question:
My elderly mother fell in WalMart nearly 3 years ago and the case is still in litigation. The store was being remodeled and where they had moved a shelf to prepare to replace the floor, a small piece of tile was missing. Her foot struck this indention and she went down, breaking her shoulder and causing massive damage to the point that my sister and myself had to dress her, wash her her hair and numerous other tasks she needed 2 hands to accomplish. She lost so much of the use of her arm that she is severely limited. Of course now, 3 years later, she has also had a stroke and is paralyzed on that same side. Will WalMart attorneys likely downplay her injuries to the jury and make it seem like her stroke was the real problem? Just curious as to what to expect once we get into court. We have mediation in a couple of weeks so I’m hoping that things get settled before we get to court. Thanks for your time.

Answer:
Your email does not indicate what state you are from.  I am a Florida accident lawyer specializing in car accident, Florida slip and fall cases and workers compensation claims.  Laws vary from state to state, so you should speak with your mother’s attorney to get accurate advice.

Your attorney should be sitting down with you in the next week or so to let you know what to expect at mediation, and if the case does not settle at mediation, what to expect at trial.  The large majority of cases that go to mediation settle, so I would say that your mother’s case has a decent shot at settling.  However, I know very little about her case, so you are best to speak with your attorney about the chances of settling prior to trial.  He may have already spoken to Wal Mart’s attorneys and has an idea whether the case may settle at mediation.

Wal Mart’s attorneys, and all insurance defense attorneys, will use any potential defense available to them.  If Wal Mart’s attorney thinks that he/she can convince a jury that some or all of your mother’s problems are due to the stroke, versus the fall, you can bet that the attorney will try to do that.

Your attorney should be able to distinguish between the two events by using testimony from family and friends about the effect the fall had on your mother, even prior to the stroke.  Your attorney will also use your mother’s medical records after the fall to show how much of an effect the shoulder injury had on her activities of daily living – work, taking care of herself, spouse or family, leisure activities such as exercise or sports, volunteer work she may have done.  Your attorney will try to paint a picture of an active, healthy lifestyle before the fall, with the fall causing a substantial decrease in your mother’s activities after the fall, but before the stroke.

One question that I have is whether any of your mother’s doctors would testify that the decrease in your mother’s activities due to the fall is what caused the stroke?  Or possibly the stroke was caused by medication that your mother began taking after the fall due to her injury?  These are issues I am sure your attorney is exploring.

In Florida slip and fall cases, as in most personal injury cases, mediation is the best opportunity to settle the case prior to trial.  You should contact your mother’s accident injury lawyer and set up a time to sit down with the attorney to discuss mediation.  You should discuss the amount of money the attorney is going to ask for at mediation, whether there have been any offers from Wal Mart so far, the risks of going to trial, and the strengths and weaknesses of your mother’s case.

For more information about your rights in a case of a Florida slip and fall injury, contact Florida premises liability lawyer, Joseph M. Maus at 1-866-556-5529, visit his website at mauslawfirm.com or email him today.

If they were polled, most boaters and their passengers would tell you that life jackets weren’t really a necessity. After all, the majority of drownings happen way out at sea, not when people are just leisurely motoring down the canals and waterways around the state, right? Wrong! According to the Personal Flotation Device Manufacturers Association, "nine out of ten drownings occur in inland waters, most within a few feet of safety, and involving boats less than 20 feet long. Most drowning victims had access to a Personal Flotation Device, but did not wear it". Still think you don’t need to wear a life jacket while boating on the Florida waterways? Consider this: 85% of drowning victims were not wearing a life jacket.

If you haven’t taken a look at Personal Flotation Devices (PFDs) lately, you’ll probably be surprise to know that they are no longer the bulky orange life vests from a decade ago. While they are still brightly colored so a rescuer can more easily spot a person floating in the water, they come in much more attractive colors than orange! Also, boaters will be happy to know that the newer PFDs are lighter weight and much more comfortable to move around in while you are wearing them.

The Personal Flotation Device Manufacturers Associations says most adults need 7 to 12 pounds of bouyancy to keep their heads above water. They’ll tell you that how much ‘extra lift’ you need in water is determined by body fat and weight, lung size, clothing and water conditions (rough or calm). In general, the more physically fit you are, the more ‘lift’ you need. Many states have specific regulations regarding the type of lifejacket children must wear, so make sure you are aware of the requirements in your state before selecting a product for your child.

There are several categories of PFDs, so be sure to check the bouyancy rating when choosing a new PFD. There are jackets that have been designed for use in inland waters and those that are rated for offshore use where sea conditions can hamper a rescue. Each category has certain features that will help keep you alive, depending on the calmness of the water or the length of time that might be required for rescue if you are involved in a Florida boat accident, so it is important to choose the correct type. Some jackets will even turn an unconscious, face-down victim over in the water so they can breathe!

It is a federal law that each boat have one life jacket for each person on the boat. That means if you are planning to carry guests on board, you’ll need to be sure to carry spare PFDs.

The Coast Guard requires that:

1. Each PFD on your boat be in good condition, be the proper size for the intended wearer, and very importantly, be readily accessible;
2. Readily accessible means you must be able to put the PFD on in a reasonable amount of time in an emergency (vessel sinking, on fire, etc.);
3. PFD’s should not be stowed in plastic bags or in locked or closed compartments, and they should not have other gear stowed on top of them;
4. Vessels 16 feet in length or longer must have one Type IV USCG-approved PFD on board and immediately available (a type IV PFD is one that can be thrown to a person in the water);
5. Children under 6 years of age must wear a USCG-approved Type I, II, or III PFD at all times while on any vessel less than 26 feet in length that is underway upon Florida waters;
6. Each person on board a Personal Water Craft (PWC), and anyone being towed behind a vessel, must wear a USCG-approved PFD. Inflatable PFDs are not to be worn on PWC’s or while water-skiing. 

Keep in mind, too, that Florida boat accidents can happen for any number of reasons: you can slip and fall overboard just from innattention or slipping on the deck, drinking on the boat can contribute to a fall overboard, bad weather can contribute, and being hit by another boat can cause a fall overboard. In most instances, the passenger either does not have enough time to grab a life jacket before falling overboard or is unconscious and unable to put on a life jacket, so it is important for all boating passengers to wear a PFD at all times.

The majority of us get into our cars and automatically fasten the seat belt – putting on a life jacket when stepping onto a boat should be just as automatic. Unfortunately, it’s not. In fact, more than 85% of all fatalities in Florida boat accidents are due to drowning, and the majority of those deaths could have been prevented if the victim was wearing a life jacket

For more information about claims for injuries suffered in a boat accident in Florida, contact Florida boating accident lawyer Joseph M. Maus at 1-866-556-5529 for a free, no-obligation consultation, or email him today.

The following is an expert answer given by Florida Premises Liability Lawyer, Joseph M. Maus, and taken from AllExperts.com, a free Q & A service on the internet:

Question: I was shopping in Costco and while I was going up the escalator, my cart that was full (over 100 pounds) started to roll on me. I fell and hurt my hip and lower back. I was breast feeding my daughter of 2 month and the milk immediately was gone that same day, so in other words lost my milk (the most healthiest thing for a baby). The cart that I had was broken therefore the magnet that was supposed to hold it didn’t and it slid right on me and really hurt me! I ended up going to the hospital and am still to go for other exams. Is this a legitimate case ???

Answer: The answer to your question depends on the law of the state in which you live.  Your email does not indicate what state you are from.  I am a Florida accident lawyer specializing in car accident, Florida personal injury accidents such as slip and fall claims, and workers compensation claims.  Laws vary from state to state, so you should always check with an experienced accident attorney in your area to get more information. You may have a claim against Costco, or possibly the manufacturer or distributor of the grocery cart system, depending on who is responsible for maintaining the system.  Your email doesn’t give full details of how the accident occurred, however, if the cart escalator is supposed to hold the cart in place, and it didn’t, resulting in your injuries, you probably have a claim.

The best advice I can give you is to speak with an experienced injury accident lawyer in your area that specializes in premises liability claims. He or she can advise you what the law is in you area regarding an accident such as yours since they may be different than those for Florida personal injury accidents.

 In Florida personal injury accidents, a store owner such as Costco owes two duties to its customers – maintain the property in a reasonably safe condition, and to warn its customers of dangerous conditions that the customers cannot appreciate themselves. Your email says the cart you had was broken.  Your attorney is going to need more information regarding why you think it was broken.  Other than it starting to roll, what about the cart or magnet was broken?

You should contact an accident injury lawyer soon.  There are many steps your attorney should take now to preserve your claim and maximize its value. The lawyer should notify Costco to find out what types of insurance coverage are available, and more importantly, advise Costco to preserve the cart without alteration so that is can be inspected later to determine what happened during your accident. You should try to obtain photographs of the escalator system, the cart, magnet, and any visible injuries that you may have.

Keep in mind that Costco is a very large company that most likely uses this cart system at many of their stores.  An experienced injury accident lawyer can seek documents from Costco to find out whether other accidents similar to yours have occurred at other stores.

Most accident attorneys specializing in claims such as yours handle the claims on a contingent basis,i.e. their attorneys fee is a percentage of any money they recover for you, and offer a free, no obligation consultation to discuss whether you have a viable case.  So, you have nothing to lose by meeting with an accident lawyer to discuss the claim.  If you went to the hospital and you’re still having problems, I would not hesitate to speak with an accident attorney to at least see whether you have a claim to pursue.  You should do it soon so any attorney you hire has a chance to put Costco on notice of preserving the cart.

If I can help any further with your personal injury question, please do not hesitate to contact me. Good Luck.

For more information about Florida personal injury accidents, contact Florida premises liability lawyer, Joseph M. Maus at 1-866-556-5529, visit his website at www.mauslawfirm.com, or email him today.

The following is an expert answer given by Florida Premises Liability Lawyer, Joseph M. Maus, and taken from AllExperts.com, a free Q & A service on the internet:

Question: I walked into Walmart with my wife. I was pushing an empty cart and I slipped on some crushed strawberries in front of the check out lines on the tile. Apparently no employees saw me fall, but one saw me on the ground and came over to help. It seems I fell very fluid like, feet first, sliding forward and falling on my back, trying to grab the empty cart for support but it just fell on top of me instead. It looked like the strawberry had already been stepped on. I accidentally said to the employee who came over to help me, "I”m fine, I’m not going to press charges or anything." I wonder if that will impede anything? I felt fine right after the fall, but later started to get soreness in my right shoulder muscle and my left arm was a little sore, too (the one I fell on). I first decided I would fill out an accident report with them, but decided to do it afterward. I got a copy of the report, but the assistant manager didn’t seem at all worried. I asked him what happens next and he said they would give me a call later to see how I was doing. Is it worth doing something about, given Walmart’s dispute reputation? I think it might only be soft tissue problems, but I fell on my back at a restaurant I worked for and thought it was nothing. It turns out I have had minor back problems since then, so I don’t want to just forget about something like this again if this is going to influence my enjoyment of life. Is it worth it to ask for an insurance settlement?

Answer: Your email does not indicate what state you are from.  I am a Florida accident lawyer specializing in car accidents, Florida personal injury accidents such as slips and falls, and workers compensation claims.  Laws vary from state to state, so you should always check with an experienced accident attorney in your area to get more information about your personal injury question.

Your injury situation is one that occurs to many people.  You get injured, but think the injury will go away over time.  Unfortunately, by the time most people realize that their injury is not going to go away, it is sometimes too late to bring a claim.  If you were injured in this accident, even if it just aggravated a prior injury, you should speak to an experienced accident injury lawyer to pursue a claim.

Walmart’s reaction to your claim is not unusual.  Keep in mind that Walmart has hundreds of very large stores in which thousands of shoppers go in and out of every day.  Walmart’s employees deal with accidents like your every day.  Walmart has a very detailed and specific employee handbook on how to deal with claims like yours.  It is a pretty routine procedure for their employees.

However, just because you fell in a Walmart store, does not make Walmart responsible for your injuries.  In Florida personal injury accidents, a store owner such as Walmart owes two duties to its customers – maintain the property in a reasonably safe condition, and to warn its customers of dangerous conditions that the customers cannot appreciate themselves.  In order for a property owner such as Walmart to be responsible for a slip and fall due to food on the floor, the food must have existed on the floor for enough time that Walmart’s employees knew, or should have known, the food was there, i.e. and had a chance to clean it up or at least put out a warning sign letting the customers know of its existence.  The fact that it appeared to you that another person had already stepped on the strawberry is one indication that it might have been there for a while.  Another way to show Walmart should have known of the location and danger of the strawberry on the floor, is that it was sitting within view of the checkout clerks.  You or your attorney will have to explore the facts of your case to see whether Walmart failed to maintain the store as it is required.

I don’t know when your accident happened, but it is best to explore making a claim soon after the accident occurred.  If it occurred near the checkout counter, there may be store videotape that you would want to preserve. Walmart tapes over their store videotape on a regular basis so you need to request the videotape be preserved.  You should also be looking for statements from any witnesses that may have seen you fall.  Their names may be listed on the incident report.

In Florida personal injury accidents, you have four years from the date of the accident to bring a claim.  However, you don’t want to wait that long as witnesses disappear and their memories fade, employee witnesses move on to different jobs, and evidence can be lost.

You should speak with an attorney specializing in slip and fall injury accidents in your area to see whether you should pursue a claim.  Florida has a specific jury instruction for aggravations of pre-existing injuries, so the fact that you had a previous injury should not deter you from pursuing a claim from this accident.  Also, an experienced slip and fall lawyer is going to know the laws in your area and how best to proceed.  Most slip and fall lawyers handle cases on a contingent basis which means if the lawyer does not recover any money for your claim, there is no charge for costs or attorney’s fees. Also, most attorneys offer a free initial consultation, so you have nothing to lose in getting an expert opinion from a lawyer in your area.

Most attorneys that do this accident injury cases have handled cases against Wal Mart before.  Experienced accident injury lawyers know that Wal Mart claims are handled out of Bentonville, AR by inhouse adjusters.  As I mentioned above, they have a very lengthy employee handbook for how their employees are to handle incidents such as yours.  If you want to contact Wal Mart yourself, you need to call them in AR and find the claim #, and the name of the adjustor assigned to handling the case.  BUT – if you’re considering getting an attorney, I would do it before you speak to Wal Mart.

If you are in Florida, please give me a call at 1-866-556-5529. I have been specializing in Florida personal injury accidents claims including slip and fall cases for 16 years.  If you’re in an area other than Florida, I can probably still refer you to an experienced slip and fall attorney in your area. Good Luck.

For more information about Florida personal injury accidents, contact Florida premises liability lawyer, Joseph M. Maus at 1-866-556-5529, visit his website at www.mauslawfirm.com, or email him today.

The following is an expert answer given by Florida Slip And Fall Injury Lawyer, Joseph M. Maus, and taken from AllExperts.com, a free Q & A service on the internet:

Question:
I slipped and fell in Greese, NY in 2004. I got out of the van in the street and slipped on a large ice bump from a snow plow. I couldn’t walk for 4 months and was in very bad pain. I went to a dr and he sent me for an mri. I had 2 bulging disks and a chunk out of the 3rd. I was also sent to a nerve dr here in Florida and he said I had bad sciatic nerve damage. I then went to Rochester, NY and the dr there said I WOULD BE able to walk again, but it would never be the same. I would always have to keep it from getting inflamed. It took 3 yrs to walk again with a limp. Now I can walk a little better, but I still have pain and will for the rest of my life. I can only work the most 2 hours without pain. When this happened, I notified Greese and they said I only had 3 weeks to notify them …I live in fl…can I still sue ???

Answer:
The answer to your questions depends on the statute of limitations (SOL) in New York for slip and fall claims, and how New York Courts treat slips and falls on ice.  I specialize in slip and fall cases but I am in Florida. Laws vary from state to state so what happens in a Florida slip and fall injury may not be the case in New York.

The best advice I would give you is do speak with an attorney that specializes in premises liability claims, i.e. slip and falls.  He can advise you what the law is in New York for slip and fall accidents which occur on ice.  In a Florida slip and fall injury, you have four years to bring a claim such as the one you have described.  An experienced accident lawyer in your area could easily tell you what the SOL is, and whether you can still make a claim.

Generally, a landowner owes two duties to persons lawfully on the property – maintain the property in a reasonably safe condition, and to warn persons on the property of dangerous conditions that the person may not be able to appreciate themselves.  I don’t know enough about icy conditions, and problems created by the use of a snow plow, to tell you whether the entity that was using the snow plow should have done something differently that would have eliminated the bump.  But, that would be the issue in making a claim against the City of Greese, or any private company that may handle the snow plows for the City.

In the case of a Florida slip and fall injury, there are also strict requirements for reporting a claim to a governmental agency.  You have more than 3 weeks, but these requirements only apply to property owned by the State, County and Municipal governments. The law in Florida limits the time period you have to notify the governmental agency, and also limits the amount of money you can recover. You should speak to an experienced accident attorney to see what limitations, if any, apply to your claim.

Most attorneys specializing in premises liability claims handle the claims on a contingent basis,i.e. their attorneys fee is a percentage of any money they recover for you, and offer a free, no-obligation consultation to discuss whether you have a viable case.

For more information about a Florida slip and fall injury, contact Florida premises liability lawyer, Joseph M. Maus at 1-866-556-5529, visit his website at www.mauslawfirm.com, or email him today.

When you’ve been involved in a car accident, many questions come up for consideration. Should you file a claim? What if you can’t afford a lawyer? Having an accident can be traumatic enough without having to search for answers about the legal issues involved. The following list of questions and answers can help you decide on the next step.

1. I can file a claim without a lawyer, right? Technically, yes, you can file a Florida accident claim without going to a lawyer, but talking to an attorney first is usually the best thing to do. Experienced lawyers can help you navigate through the often-complicated laws involving auto accidents and injuries. Attorneys can also help your case by consulting with expert witnesses and researching other important information about your case. Remember that you will be negotiating your claim with an insurance company that employs thousands of attorneys to defend  it against claims like yours, and will spend thousands of dollars investigating your claim.  Insurance companies can access public records to learn information about any accident you have ever been involved in, or when you have sought medical treatment from an accident.  You should speak to a Florida accident lawyer that will fight to maximize your recovery
2. But, I can’t afford to hire a lawyer! Generally, most lawyers will offer your initial consultation free of charge to you. This consultation helps you and your lawyer discuss your accident claim and whether or not you may even have a case. If you do have a case, you stand to get more compensation if you are represented by an attorney. If you hire an attorney who only charges if they win your case, you haven’t lost anything by pursuing it through legal counsel.
3. I need money now, what if I don’t have time to wait for a case to be settled? If you have bills to pay and you are out of work due to the accident or if you have medical bills due to your injuries, it can be tempting to take a settlement offer and move on with your life. But, working with your attorney to get the best possible compensation is worth the wait. Depending on the circumstances involved with the Florida accident claim, some cases can be settled in a few weeks, while some cases need to go to court. Your attorney can help you choose the best option so you can get the most compensation.
4. What if I just talk to the other party and settle out of court? Don’t try it on your own! Insurance companies have become very sophisticated businesses that work to minimize your claim by any means possible.  This includes investigating any prior claims you have made, and evaluating your prior medical records and diagnostic scans such as MRI’s.  It could also include having private investigators take witness statements, and possibly even conducting surveillance video on you.  An experienced Florida accident attorney can also obtain witness statements, take photographs of the property damage and accident scene, and prepare your claim so you can maximize your recovery for new injuries, and even aggravations of pre-existing injuries. Experienced accident attorneys can also find out how other similar claims were resolved in the past. They are skilled in the art of negotiation. They are your best option for getting the amount of compensation you deserve.
5. I think I may have been at fault, what do I do? These days, auto accidents are complicated by many different factors. You might think you were at fault, but maybe the other driver was on their cell phone or texting while driving. Maybe they were driving while impaired by drugs or alcohol. You don’t really know that it was your fault and a good Florida accident claim attorney can help you sort things out so you aren’t left vulnerable if the case goes to court and to a jury.

In the event you are involved in a car accident, take advantage of the free initial consultations that many Florida accident claim lawyers offer. Ask the attorney questions to see how many cases like yours they have handled which will give you a good idea of their exerience. Ask about the results of their cases to see if they have been handled successfully. Ask about the attorney’s payment structure so you know what pursuing the case will cost you. Ask if the lawyer has a Martin-Hubble "AV" rating which rates the attorney’s level of professional excellence. And, keep in mind, you should never feel pressured to hire the attorney during the initial interview.

For more information about filing a Florida accident claim, contact the Florida auto accident lawyers at Joseph M. Maus, P.A.at 1-866-556-5529, visit them online at www.mauslawfirm.com, or email them today.