Harrell and Harrell's Personal Injury law blog

Jacksonville's personal injury law experts

Don’t sign away your rights

Mar 9

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As corporations become more and more fearful of lawsuits stemming from their own negligence, they continue to try to protect themselves by making their customers and clients sign arbitration agreements as part of their contracts. These arbitration agreements eliminate the right for you to bring your case in front of a judge and jury if you’ve been injured due to a corporation’s negligence.

The Boston Herald recently did a story on nursing homes that take advantage of some of our most at-risk citizens by urging seniors to sign complex nursing home contracts with arbitration agreements tucked away inside. This means that the nursing home is less likely to pay for gross negligence or outright abuse of its patients because arbitration agreements almost always result in lower awards for victims and less legal fees for the facility.

Harrell & Harrell has experienced nursing home abuse lawyers in Jacksonville that can talk to you about your case if you or a loved one have been the victim of nursing home abuse. Please contact us by phone or send us an e-mail if you have any questions.

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Can it get any worse for Toyota

Mar 9

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UPDATE – Great write up of this incident.

People have probably started to become numb to all the automotive recall news they have heard over the last month. Toyota was probably starting to think they were gaining control of their problems until a story like this appears. Thankfully no one was injured but what a hair-raising ride. Imagine being behind the wheel of your runaway Prius – at least it wasn’t a Ferrari – driving down a busy California interstate.

Click on the link to read more of the details……

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Recalled or not

Mar 4

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In the midst of all the automotive recalls, it is getting difficult to say the least to determine if the car you drive has been affected. If it’s a Toyota there’s a real good chance that you have a problem even if the car was taken in for service.  GM and Nissan are also culprits.

Here’s an easy way to find out. Just click on THIS LINK and enter the pertinent information to determine if your car is one of the many being recalled for safety and design flaws.

Contact us if we can be of any assistance.

www.harrellandharrell.com

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Recalled children’s silverware

Mar 3

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The CPSC and Peachtree Playthings of Atlanta, Ga are working together on the voluntary recall of a faulty fork and spoon set. The recalled designs are Scooby Doo, Tweety and Batman Fork and Spoon Sets. The middle two prongs have been found to break off and pose an immediate choking hazard to children. The fork and spoon sets were sold at Dollar Tree Stores during January 2010 and were manufactured in China. If you have these fork and spoon sets, take them away from children immediately and return them for a full refund. A picture of the recalled items can be found on this link.

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Cold Weather Got You Down – Let’s Go Boating

Mar 3

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Usually March brings us cool mornings and warm afternoons but this is ridiculous. Looks like the cold pattern may break towards the weekend. Hopefully, it will warm up enough for me to get my Ski Nautique out from under all that I have piled on it in the last 5 months and see if it still runs like a top.

A good couple days of cleaning, preventive maintenance and prep work go a long way towards enjoying a safe accident-free spring and summer boating season. As I finished typing that sentence, Mr Sunshine appeared! Now we’re talking.

I have been around boats all my life and have owned my current one for over 20 years now so I know it pretty well but I never hesitate to make sure everything is functioning properly and all my safety equipment is right where I left it.  Do you know what safety equipment is required on your boat? When is the last time you actually put your hands on your life jackets or tested your fire extinguisher? Have your kids outgrown last year’s stuff? Mine have. I’m still trying to get rid of the infant jackets from 3 0r 4 years ago. You wouldn’t leave the dock without your lunch, drinks, rods and reels, bait etc….but how many times have you thought.. it’s such a nice day why do I need my radio, my anchor. You get my drift! If you have been boating enough you should clearly understand how quickly that nice day can change.

Get in touch with the local Coast Guard Auxiliary or Power Squadron for a Vessel Safety Check or visit the US Coast Guard Boating Safety Division site for lots more information concerning safe and enjoyable boating.

Hope to see you out on the Jacksonville waterways soon!

www.harrellandharrell.com

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Great news from Social Security

Mar 2

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Read the latest press release from Social Security regarding the reduction in the backlog of claims:

Michael J. Astrue, Commissioner of Social Security, today announced that the number of disability hearings pending stands at 697,437 cases — the lowest level since June 2005 and down more than 71,000 cases since December 2008, when the trend of month-by-month reductions began. In addition, the average processing time for hearing decisions has decreased to 442 days, down from a high of 514 days at the end of fiscal year (FY) 2008.

“We have decreased the number of hearings pending by almost 10 percent over the last 14 months and cut the time it takes to make a decision by nearly two and a half months. This remarkable progress shows our backlog reduction plan is working,” Commissioner Astrue said. “With ongoing support from the President and Congress as well as the efforts of our hardworking employees, I am confident the hearings backlog will continue to diminish.”

Social Security has actively addressed the hearings backlog and increased the capacity to hold more hearings. The agency hired 147 Administrative Law Judges (ALJs) and over 1,000 support staff in FY 2009, and has plans to hire an additional 226 ALJs this year. The agency now has four National Hearing Centers to help process hearings by video conference for the most hard-hit areas of the country. The agency also has aggressive plans to open 14 new hearing offices and three satellite offices by the end of the year. The first of these offices was opened in Anchorage, Alaska on February 19, 2010.

 Hopefully the backlogs will continue to decrease for those applying for social security benefits. If we can assist you, give us a call or visit our website.

www.harrellandharrell.com

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The latest car recall

Mar 2

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Add GM to the list of car manufacturers issuing a large recall for some of their automobiles this year. Doesn’t sound quite as bad as the problems at Toyota but it’s only day one. I have only briefly glimpsed at the available related stories – the funniest of which is that GM is blaming it’s woes on a part supplier owned by Toyota.

Come on General Motors – stand up and take it like a big boy. They were quick to lease their monthly sales reports this morning. Was that because they were good sales or to try and throw up some smoke for cover?

I’ll let you be the judge. Please take a look at the GM press release to find out if your vehicle is being recalled for some potential power steering problems.

www.harrellandharrell.com

GM recall

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Hit and run car accidents

Feb 26

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According to data provided by the Florida Department of Highway Safety and Motor Vehicles, Duval County ranks third in the State of Florida when it comes to hit and run car accidents even though our population is only seventh in the state. I have heard countless sad stories of accidents that have turned peoples lives upside down. Although you never know if you will be involved in a hit and run accident, you can rest assured if you know more of what your insurance policy actually covers. Make your agent or the insurance company explain what each type of coverage does before you just pick the lowest quote or just blindlessly renew your policy you have had for years.

I can’t recall the number of times people call thinking they have great coverage only to find out they have the bare minimum coverage allowed by Florida law.

If you can’t get your agent to explain the ins and outs of auto insurance, call us at Harrell & Harrell, PA. We would be glad to explain it to you BEFORE you have a car accident.

Don’t settle for less than you deserve!

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Motorcycle safety

Feb 25

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With our recent warm spell this weekend, I was quickly reminded of the number of motorcycles that share our North Florida roads. My kids and I actually had a contest to see who could count the most as we drove around town. Now that the weather has turned cold again I am pretty sure that some of the less avid bikers may put the hog back in the garage. The cold won’t last long (or at least I hope not) and they will all be out in full force enjoying our fabulous spring time weather.

Just as motorists look out for other motorists, we should always look out for others sharing the roadways – motorcyclists and cyclists alike. Check that blind-spot carefully and maintain traffic awareness at all times. The roads aren’t getting any less crowded but we can keep them safe by practicing safe driving. Be patient – I’d rather be 2 minutes late for something than be involved in a traffic accident and potentially injure someone or be injured myself.

LOOK TWICE – SAVE A LIFE

www.harrellandharrell.com

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Social Security Update

Feb 24

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UPDATE – President Obama signed this into law on 2/27/10.

Attorney Mark Papa from our Jacksonville office shared this bit of breaking news with me. Sounds like good news for Social Security Applicants.

 
The Social Security Disability Applicants’ Access to Professional Representation Act of 2010 is expected to be signed into law by President Obama by the end of this week.  This will allow those who are denied Supplemental Security Income (”SSI”) benefits in the future to find an attorney to represent them in their claim.
 
Prior to the Social Security Protection Act of 2004 (”SSPA”), there was no attorney fee withholding provision for SSI claims, the consequence being that very few attorneys would agree to represent SSI claimants.  SSPA included a provision whereby attorney fees would be withheld and paid directly in SSI cases.  This provision in the SSPA is scheduled to “sunset” on March 1, 2010.
 
The signing into law of the Social Security Disability Applicant’s Access to Professional Representation Act of 2010 will ensure that SSI claimant’s who have been denied will continue to find attorney representation before the Social Security Administration.
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