Archive for category General Law

Millions awarded in Whistleblower lawsuit

Imagine being scared to tell your employer about something dangerous or illegal going on in the workplace for fear of being fired. Well it happens everyday in big cities like New York at large corporations or smaller cities, like Jacksonville, whether or not you work for a large company or small.

Thankfully there are whistleblower statutes in place to protect the employee. It’s not going out on a limb to say that the employer still has the upper hand since they monitor and control so much of today’s electronic data that flies around the internet and company networks. Most larger companies also have vast amounts of resources (money) to keep these lawsuits from ever getting off the ground.

Here’s a success story from the NY Times about a recent whistleblower lawsuit. Luckily, there are trial lawyers out there still willing to risk their time and money to represent clients on a contingent fee basis and front the costs of pursuing these cases.

If we can help, give us a call at 800-251-1111

www.harrellandharrell.com

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Don’t sign away your rights

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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Crib recall due to infant deaths

I saw this on the news last night and also received an e-mail from theCrib label Consumer Product Safety Commission (CPSC) about the recent crib recall. Here’s the link to the recall. Three strangulations have been reported due to the faulty crib’s design. It urges parents to stop using the cribs immediately and do not attempt to fix them.

Please contact us by phone or send us an e-mail if you have any questions.

www.harrellandharrell.com

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Radiation treatment hazards

Here’s a link to a lengthy NY Times article that attorney Charlie Douglas forwarded to me. His comment to me was that it was absolutely horrifying and I would agree after reading the recent article.

With advances in modern technology comes some unknown risk but to know that the risks have been knowingly hidden from the public is flat out wrong and immoral.

Call or e-mail us with your personal injury questions. Don’t settle for less than you deserve.

www.harrellandharrell.com

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Workers’ Compensation Report

I haven’t read through the report yet but I thought I would share the link to the media release from the Florida Insurance Commissioner’s website. The release has a link to a PDF version of the annual report.

Call Harrell & Harrell, PA with your questions about workers’ compensation benefits and on-the-job injuries.

Don’t settle for less than you deserve!

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Full coverage auto insurance

I can’t count the number of times a potential client has called and told me they had full coverage for car insurance only to find out they had the bare bones State of Florida required coverage PIP & PD or as most people say PIP and liability. They just have no idea what that means in reality and are shocked when they learn what it does or doesn’t do.

Sadly, most people don’t learn anything about their auto insurance until AFTER they have been injured in a car accident and they call an attorney.

Don’t wait until it’s too late to learn what you have or worse yet – DON’T have on your auto insurance policy. Call Harrell and Harrell for your free consultation or submit your questions through our website at www.harrellandharrell.com

We would be glad to explain what your insurance company or agent has never taken the time to explain or you have just never bothered listening to the details. Some insurance quotes are cheaper for a reason – less valuable coverage!

Don’t settle for less than you deserve!

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Compassionate allowances – Schizophrenia

Here’s the latest press release from the SSA concerning mental health disabilities like schizophrenia. They are continuing to have public hearings to determine the best way to include this devastating mental illness under the compassionate allowances umbrella.

 If you have any questions concerning Social Security benefits please feel free to contact one of our Social Security attorneys for your free consultation. We are able to serve all of the Jacksonville area and our surrounding North Florida and Southeast Georgia  communities.

Happy New Year!

www.harrellandharrell.com

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Big traffic accident

Two semi trucks collided while travelling south on Interstate 95 this morning leaving one of the drivers dead. The truck accident happened just south of the St John’s County / Flagler County line.  Traffic is a mess on 95 and on US 1 near 95.  Only reason I know about the traffic is that my wife is stuck in it trying to get down to Orlando.

Our thoughts and prayers are with the truck driver and his/her family. Just a reminder of how quickly our lives can change. Please be careful on the roads as everyone starts to travel to family and friends for the holidays.

www.harrellandharrell.com

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Disability claims rise dramatically

Kudos to Mark Papa, a social security attorney who works for Harrell & Harrell in our Mandarin/Southside office, for feeding me with great blog information regarding the SSA and your Social Security benefits.

The article by Senior Editor Jason White at msnbc.com sums it up very nicely.  Aging baby boomers and the struggling economy are driving up Social Security claims to staggering levels. According to Jason’s statistics he quotes from the SSA, new claims for disability benefits rose nearly 17 percent in fiscal year 2009 and disability filings are projected to rise another 10 percent in fiscal 2010. Add that to the already 12 million Americans who receive disability benefits at a total cost of $161 billion in fiscal 2009.

Wow!

Read the article because Jason sums it up better than I ever could and then call Mark Papa at (904)251-1111 to schedule your free consultation. If you are outside of the Jacksonville area, feel free to use our toll free number or submit your information on our “Do I Have a Case” form.

www.harrellandharrell.com

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Are you disabled?

Here’s some input by one of our experienced social security attorneys, Mark Papa.

I’m often asked whether one can be approved for disability if they have (insert the name of the condition or diagnosis).  The answer is always “maybe”.

 

    Social Security has deemed some conditions so severe that a person with that particular condition or has a condition that “equals” that condition, would automatically be found disabled.  These “automatically disabling” conditions are referred to as “The Listings”.  For example, in order for a person with diabetes mellitus to meet a listing he or she must show diabetes mellitus with “neuropathy demonstrated by signficant and persistent disorganization of motor function in two extremities resulting in sustained disturbance of gross and dextrous movements, or gait and station” or “acidosis occurring at least  on the average of once every 2 months documented by appropriate chemical tests” or “retinitis proliferans” evaluated under the listings for visual impairment.

 

    Social Security, by design, makes it very difficult to meet a listing.  For most, the severity of a particular condition will not meet a listing and he or she must be able to prove disability by other means.  This will involve having to show what a person can still do or what that person cannot do given his or her condition.  It’s not the diagnosis that is important, but the effect that condition has on that person.  Stating that you have diabetes (or whatever other condition) does not tell us much.  Presumably, there is a person out there who is able to work despite having the same diagnosis.  So the question is, what makes you different?  Is it as severe as the listing or something less? 

    Assuming your condition does not meet or equal a listing and in thinking about how to prove your claim, think in terms of what your condition allows or prevents you from doing: How long can I sit, stand, and walk at one time?  How long can I sit, stand, and walk over the course of an eight hour work day?  How much can I lift and carry?  Will my condition allow me to work on a regular and consistent basis? Or will I be missing work frequently?  Is my concentration and focus affected? etc. 

    I’m of the opinion that most conditions, if not all, are potentially disabling. If you have been denied Social Security benefits. . . . call us . . .

www.harrellandharrell.com

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