01 December

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Workers’ Comp vs Personal Injury: What’s the Difference?

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We here at The Law Office of Luis Cartaya, PA understand how difficult it can be to tell the difference between a personal injury lawsuit and a worker’s compensation claim. Injuries can happen during work hours but filing them as a personal injury vs. a worker’s comp claim depends on different factors. For example, a slip and fall at work can either be a personal injury suit or a worker’s comp claim depending on the situation. Worker’s comp usually covers very specific injuries or conditions that are clearly listed by law or under contract. The main difference between the two...

08 November

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Damages in Your Personal Injury Case

Posted by Luis Cartaya

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In personal injury cases, "damages" is a term that refers to the amount of money awarded to the injured party (or plaintiff) who suffered harm due to the negligent, reckless, or intentional action of the defendant. Damages can be grouped as either general or special, and are also commonly referred to as non-economic and economic damages. General Damages General damages flow naturally from the defendant's wrongful action. There is a clear link between the defendant's behavior and the plaintiff's injury. In most cases, the ability of the defendant to anticipate the injury (or the severity of the harm) does not bar the...

30 October

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Legal Technology Assists Law Firms

Posted by Luis Cartaya

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Keeping client data secured and protected is a top priority for us at The Law Office of Luis Cartaya, PA Security is becoming a major concern with the industry shifting toward digital workflows and leveraging legal technology. With the staggering costs of data breaches, firms that do not have measures like disaster recovery plans or certified network security in place to protect their data put themselves at risk. The first thing to know about the risks of a data breach is that organizations are always at a high-risk. There is always an element of inevitability when it comes to a...

18 October

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Whistleblowing and Retaliation

Posted by Luis Cartaya

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What is Whistleblowing? Simply put, whistle blowing is the reporting of misconduct of an employee or superior. Misconduct can range from minor issues, to complex, corporate-changing deeds of bad behavior and leadership. Employees are often reluctant to report suspected misconduct because they fear retaliation from those that are engaged in the misconduct. Whistleblowers are protected by law as long as the complaint they make is in the public interest, they believe it is true and they are telling the appropriate person. Why Whistleblowers are important? Most organizations desire honesty from and among its employees. The presence of honesty allows for complete dedication...

16 October

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What Should I do After I’ve Been Involved in a Car Accident?

Posted by Luis Cartaya

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Cars - As a society we are dependent on them not only for work and transportation, but also recreation. We learn to drive at a young age and most of us are licensed before we can vote. Be Prepared Before It Happens You never know when an accident might occur, so it’s important to be ready. Obviously, you need to have your insurance information, vehicle registration, and license with you, but it’s also a good idea to have an emergency kit in your car. Make Sure Everyone Is Okay and Move to Safety Safety should be your number one priority when an accident happens,...

16 October

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Sports Careers Ended by Concussions

Posted by Luis Cartaya

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By now you should be aware of the increased scrutiny revolving around head injuries in professional sports. Injuries are a part of just about every sport imaginable. Although athletes may be aware of the injury risks before participating, there are a lot of things that go on behind the scenes that may make a player’s decision to continue playing a lot easier. With increased medical research long term health factors are being giving more weight when an athlete is deciding whether or not to end their career. Traumatic brain injuries are a main reason why some of the top NHL...

11 October

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Will PIP Insurance Continue in Florida?

Posted by Luis Cartaya

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What is PIP insurance? Most Florida drivers have heard of PIP insurance but many drivers have no idea what it is. Florida is one of ten states that have personal injury protection (no fault) auto insurance. The intention was to provide injured drivers up to $10,000 in immediate medical coverage in lieu of establishing fault through the court system. The goal was to reduce payment delay for injured drivers, as well as limit the utilization of the court system. In Florida, PIP coverage is required to be purchased by all owners of motor vehicles registered in this state. PIP coverage makes...

02 October

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How Dangerous are Blood Thinners?

Posted by Luis Cartaya

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Every day we hear new stories regarding the current opioid epidemic but are there other prescription drugs that cause a greater health threat? Anticoagulants or blood thinners are very common but are the risk associated with their use known to the public? Like every prescription drug there are benefits with inherit risks associated risks. Why Would I Need a Blood Thinner? More than 2 million people take blood thinners every day. Blood thinners work by stopping blood from coagulating or joining together. This is helpful when preventing blood clots or to minimize an already existing clot. According to a recent report published by...

26 September

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Why do sports teams and players hide injuries?

Posted by Luis Cartaya

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Teams and players alike have incentives to play and win as many games as possible. Incentives built into contracts are prevalent in professional sports, but collegiate athletes also face pressure to perform, be considered a “good teammate,” and to ensure that they remain on scholarship. We hear stories all the time that an athlete has found a way to persevere through a hardship, whether it be health related or a family related issue, and they are recognized for their hard work and determination for the greater good of the team or organization. But what if the short-term success will have...