Have you or a loved one been injured in a car, truck, vehicle accident? Do not be a victim and do not let the insurance agencies take advantage of you. You do not have to face this difficult situation alone.

For the past twenty five years Steven A. Bagen & Associates have helped thousands of cases and understand that this is an emotionally and financially trying time for you and your family. Do not delay in consulting with an experience lawyer to discuss your case, give us a call today!

Technology has undoubtedly changed the world we live in. If you want to communicate with your friends as to your day or your plans that night, you more often than not use a social networking site as means of getting the word out. However, your social networking of choice could also be your biggest obstruction when you decide to pursue a personal injury claim.

Guard Your Privacy

When you are putting together a personal injury claim, it’s important to understand that anything private can be made public easily. The defense will stop at nothing to tear down your case. Oftentimes, you can expect to have different parts of your life presented in a court of law that you thought were behind you or were guarded by privacy settings. In recent years, courts have considered whether the information and photographs posted on websites like Facebook must be disclosed. In many situations, the injured party may be obligated to provide the contents of their Facebook account, including those sections that are categorized as private.

Keeping Your Case and Your Facebook Separate

Here are a few tips to ensure that your social media profile stays out of your personal injury case.

• Disable all social media accounts – When you go into your initial consultation, your personal injury lawyer will advise you to disable all social media accounts. Your blog, your social media accounts, and any other internet medium that allows you to publicly interact with others.
• Search for yourself – Use a search engine to perform a search on yourself. Type your name into a search engine to see what is available online in terms of your background and your past.
• Monitor your friends’ activities – Keep an eye on the posts and topics your friends are discussing online. View location check-ins, comments, and photos to ensure that your name remains private and you’re aware at all times of what is being said about you online.

Why It’s Important

From jury selection to settlements, social media is playing an intricate role in how cases all over the Nation are being developed.  Although some courts are attempting to ban social media from entering the courts, it is impossible at the rate that social networks are growing.

Rachel Wade vs. the State of Florida

Rachel Wade is serving a 27-year prison sentence for the murder of her romantic rival, Sarah Ludemann. The two were fighting over Joshua Camacho, a 19-year-old, who was dating both girls at the same time. Wade, who was 19 years old at the time, blames social media for her conviction.  Rachel Wade used the social networking website MySpace to threaten Ludemann. Her threats toward Ludemann may have inevitably resulted in her guilty conviction.

According to Rachel Wade’s attorney, Jay Herbert, “There was an incubation period in which the case percolated and verbal and malicious threats went back and forth both ways between the two girls,” Hebert told AOL News.  ”The entire relationship played out in either a MySpace forum or instant communication back and forth, and that just led to a [much] heightened, very volatile [situation].”

It took a jury less than three hours to convict Wade of murdering Ludemann.

Social Media in Other Trials

Here are some other documented examples of how social media usage has played a part in recent court proceedings:

• A juror posted details of a case on her Facebook page then polled her friends on how the case should be decided.
• A Maryland juror looked up the definition of a word on Wikipedia one night after deliberations.
• A New York juror requested a witness to be her Facebook friend after one day of deliberations.
• A California defendant’s girlfriend tampered with a juror through MySpace.

It is scary but true, anything you post online can be used against you in a court of law. If you’re a plaintiff in a personal injury case, speak to a lawyer today about what you need to do to protect your privacy and ensure you receive the most unbiased case possible.

 

When you’ve been injured in a slip and fall, a car accident, or any type of personal injury incident, you’re probably feeling overwhelmed by the chaos and flurry of emotions.

With all of the confusion, it can be easy to lose sight of the proper steps to take next. However, if you have been in an accident, then it is essential that you follow these steps to ensure you have a solid case. Here are 7 things you need to do when you’ve been injured in an accident.

 

Secure the scene. When an injury occurs, the first thing you must do is prevent any further danger while you wait for help. Drag injured persons away from danger, move away from unstable debris, or put out any fires.

Call for assistance. As soon as the area is secure and any visible dangers have been removed, call for help. The sooner help arrives, the better your chances of survival and lessening the severity of long-term effects of your injuries.

Apply first aid. Accidents and injures occur everyday and those who are unprepared to handle them are often the ones who suffer the most. Keep a first-aid kit on you at all times to assist in times of crisis. Begin CPR, put pressure on bleeding wounds, and stabilize broken bones. Stay calm and ensure that all panicked parties remain stable as well.

Record details. Once emergency personnel have arrived and the threat of immediate danger has dissipated, it’s time to record as much information as possible about the situation and the accident. Take pictures, jot down details, and record the time sequence of the accident. No detail is too small and you would be surprised what information will assist law enforcement, paramedics, and doctors.

Get a medical evaluation. Even if you think you were fortunate enough to walk away from an accident, you may be surprised at the invisible, internal injuries you may have suffered. While you may feel fine, a severe injury may present itself within hours or even days.

Be honest. During your medical evaluation, tell the medical staff that your injuries may result in a personal injury lawsuit. Why? Every doctor and nurse should chart as if each case may be presented in a court of law. However, in mentioning the possible action prior to an exam, it will prompt the staff to spend a few extra moments documenting important details and verifying records.

Contact a personal injury attorney. When you’ve been injured in an accident and you’ve taken the necessary steps to protect yourself and the scene, the last step is to contact a personal injury attorney. The attorneys at Steven A. Bagen will provide you with a free consultation to help you decide whether you have a case.

We’ve all done it – been at a stoplight or in slow traffic and shot off a quick text or e-mail. It’s multitasking at its most dangerous. In today’s fast-paced world, it can feel all too convienent to perform secondary tasks while driving.  Whatever it is you’re doing while driving, you’re becoming dangerously distracted by the activity. In fact, in 2009, 5,474 people were killed in U.S. roadways and an estimated additional 448,000 were injured in motor vehicle crashes that were reported to have involved distracted driving.

 

What is Distracted Driving?
Distracted driving is any non-driving activity a person engages in that has the potential to distract him/her from the primary task of driving and increases the risk of crashing.

• Visual – When you take your eyes off the road
• Manual – When you take your hands off the wheel
• Cognitive – When you take your mind off what you’re doing

Although texting is the most alarming activity under the distracted driving umbrella, there are other activities that are included:

• Using a cell phone
• Eating and drinking
• Talking to passengers
• Grooming
• Reading, including Maps
• Using a PDA/navigation system
• Watching a video
• Changing the radio, CD, or MP3 player

Cell Phone and Texting Laws
The government is doing their part to ensure the safety of drivers on the road as well. California, Connecticut, Delaware, Maryland, New Jersey, New York, Oregon, and Washington have all enacted laws that prohibit all drivers from using handheld cell phones while driving. Moreover, 33 states, D.C. and Guam have passed text messaging bans for all drivers.

To TXT or Not to TXT?
In Florida, it’s perfectly legal to use your cell phone while driving. Although it is never recommended to do so, there are some precautions you can make in order to ensure your safety and those around you.

• Invest in a Cell Phone Hands-Free Car Kit – A hands-free kit will allow you to keep your eyes on the road and your hands on the wheel. Most are often equipped with voice command features so you don’t have to look away from the road while you take care of essential business.
• Talk-to-Text – Talk-to-text applications are essential if most of your business or personal conversations are done through texting or e-mailing. Once you’ve downloaded the application, you can press a button to speak your text messages or e-mails. Most of these applications are free or very cost effective if you’re looking for something easy and affordable.

The Future of Safe Driving
Manage Mobility, a Georgia software company announced that it will be partnering with an Irving, Texas software firm to create an application that will disable texting, e-mailing, and Web-browsing functions of a wireless phone in moving vehicles. There are several applications already in the works that disable cell phones with a vehicle is moving, including iZup, tXtBlocker, ZoomSafer, and CellSafety. However, these applications do not work on the iPhone.

If you want to learn more about the dangers of distracted driving, contact our personal injury attorneys today. Our Gainesville, Florida, attorneys are happy to assist you with a myriad of legal services pertaining to personal injury, medical malpractice, and car accidents.