We continue to live in unprecedented times, and as we approach 2021, there remains important questions about how to continue to move forward against our client’s adversaries.  Technological advancements have allowed us as trial lawyers to continue conducting court business and seek maximum compensation for our personal injury and policyholder clients for all accident and property damage claims.

The reality is, many civil jury trials will continue to go virtual for the foreseeable future.  The Florida Supreme Court is trying it out in several places, including Miami and Orlando.  The judge, clerks, attorneys, and jurors all gather in a virtual courtroom, listening to testimony remotely.  Florida courts are exploring various options to keep their dockets running smoothly but big questions remain.

Some courts are moving towards the restoration of in-person proceedings, but those will have a very different look and feel.  For example, only emergency matters, some criminal cases, and critical proceedings have been permitted to be conducted in-person.  Additionally, judges will have to identify metrics to monitor case backlogs and make recommendations on priorities while figuring out which proceedings should continue to be held remotely.

The Tampa Bay area’s circuit and county courts aim to resume having jury trials and grand jury proceedings.  All local courthouses require visitors to undergo basic wellness screenings and temperature checks.  Plans call for jury trials to resume in Hillsborough County starting October 19 and in Pinellas and Pasco counties on October 26. 

In our office’s insurance dispute arena, we are currently set for trials in mid-December, mid-January, and March of 2021.  In federal court, we have just received our first jury trial date for January 11, 2021, in the U.S District Court in the Middle District of Florida.  Whether there are enough jurors available for these trials remain to be seen. 

There will probably be a much higher percentage of no-show jurors after they receive their notices to appear for jury duty.  This is understandable, given that appearing for jury duty when you are already stressed at work raises the burden on each juror.

Suppose you receive a notice to appear for jury duty. In that case, if you have a material reason why you cannot serve, it is imperative you contact the court administrator and plead your case.  Do not be surprised if they listen but then tell you to show up anyway.  Then, at the initial conference in the courthouse, you can explain to the judge why you should be excused. 

Courts may consider whether you are responsible for another person (child care, elder care, etc.) but the excuse, “my boss won’t like me missing work” probably won’t persuade the judge, as the judge may then offer to call your boss and tell them the importance of this civic duty.  When judges make the offer to “call your boss,” most people decline and accept their fate for the week they will miss work.  If you must serve, it is against the law for your boss to fire you for that reason, but we all know, in a smaller work environment, it does not mean you won’t get pressured by your boss to attempt to avoid it. 

There are specific segments of the population who have been disproportionately impacted by coronavirus.  Reports show a higher percentage of people of color get COVID-19.  Much of this is believed to be because more African Americans than Caucasians have no choice whether to work from home or return to the workplace, where they have more regular exposure to the public. 

The new normal of civil jury trials raise questions about fairness, safety, and due process in a court system that, like everything else, is affected by the coronavirus.  There is substantial data to suggest that the juries selected during the pandemic would be less diverse and not truly representative of a jury of one’s peers. Our law firm intends to be extra vigilant on this point and protect our clients’ interests, even if it means delaying any trial. 

Corless Barfield Trial Group is here to answer your questions about personal injury and property damage cases, and how the COVID pandemic may impact the court system or your access to justice.  Call us anytime at 813-258-4998.

Repealing PIP, a state study found, could save Floridians $81 per car per year, nearly $1 billion collectively. Lawmakers for years have debated whether to get rid of the PIP system, which requires motorists to carry $10,000 in PIP coverage to help pay medical bills after accidents.

Floridians pay the nation’s third-highest car insurance rates despite state roads being relatively straight, flat, and snow/ice-free. 

PIP repeal bills are working through committees, with sponsors citing tweaks that make them more appealing to insurers, physicians, and hospitals that have vigorously opposed past reform attempts.

The proposal, at least for now, appears stalled in the Senate over a proposed amendment designed to restrict “bad faith” lawsuits, which involve allegations that insurers have not properly looked out for the interests of their customers (policyholders).  

Unfortunately, insurers regularly engage in bad faith behavior and practices.  Accident victims and policyholders must have a mechanism to hold bad faith insurers accountable. 

The law states that your insurance company must treat you fairly and honestly when evaluating the validity of your claim, and settle claims against you if it can do so within the coverage limit.  

If you are currently facing problems with your insurance company, you should get in touch with the insurance claim attorneys at Corless Barfield Trial Group.  Insurers look to delay, deny or underpay valid personal injury and property damage claims all the time. We will help you fight back against an insurer’s illegal tactics.  Please call our office at 813-258-4998 for a free and confidential case evaluation. 

Insurance companies are expected to act in “good faith” when resolving, examining, and settling claims made against their policyholders. Yet in many situations, insurance companies act in defiance of the law, which is why you need an attorney representing your rights. 

What type of activity illustrates bad faith? The following actions on the part of your insurance company may serve as the basis for prohibited bad faith conduct:

• fails to pay or settle a claim within policy limits without a reasonable basis; 
• fails to properly and promptly investigate or defend a claim; 
• fails to provide justification for denying a claim; 
• offers inconsistent or baseless interpretations of the policy; 
• uses deceptive practices or intentional misrepresentations to avoid paying claims; 
• terminates a claim that should have been paid; or 
• fails to offer the full value of a claim’s worth, or giving an unreasonably low offer to compensate damages.

It should come as no surprise that insurers have sought for years to put more restrictions on bad faith lawsuits and have attempted to tie it to no-fault auto insurance, as they are doing here when it comes to repealing PIP coverage. 

Corless Barfield Trial Group has secured record-setting judgments against insurance companies that refused to protect their insureds by properly evaluating the claims against them.  Our attorneys have successfully tried countless bad faith claims. Our goal as personal injury and property damage lawyers is to ensure the insurance company does not wrongfully deny your claim for full and just compensation. For your no-obligation, case consultation, call Corless Barfield at 813-258-4998. 

Salvatore Anello was charged by Puerto Rican authorities in the July death of his granddaughter, 18-month-old Chloe Wiegand. Chloe fell from an open window that Salvatore thought was closed on the 11th story of a Royal Caribbean cruise ship in Puerto Rico on July 7. The accident occurred while the ship was docked in San Juan.  Puerto Rico’s Justice Department arrested Salvatore on the charge of negligent homicide.

There was no joy for recent passengers aboard the Norwegian Joy. Authorities say 19 people on this Norwegian Cruise Line ship reported flu-like illnesses in Nov. as they reached a Southern California port. The Los Angeles Fire Department says authorities were called to evaluate patients after they fell ill on the ship. It was the same ship that paramedics responded to a week earlier after four passengers became ill. 

Two Americans were killed and five others were injured during a bus crash in Belize, as they traveled in the country as part of a Carnival Cruise Line shore excursion. The seven Carnival guests who were involved in the bus accident were traveling on a seven-day voyage on the Carnival Vista ship. The ship departed Galveston, Texas, on Nov. 23.

Cruise ship accidents are more commonplace than you might think. If you or a loved one has been the victim of injury or harm while onboard a cruise ship or during a shore excursion, you may be entitled to compensation for damages. Call Florida-based Corless Barfield Trial Group today at 813-258-4998. Our experienced injury attorneys represent those whose lives were impacted by the negligence of cruise lines. 

All cruise lines must ensure that their passengers and employees are safe from the risk of serious injuries. If you suffered injuries while aboard a ship, and you believe that a cruise line failed in their duty to protect you from harm, you may be entitled to a recovery for your damages. 

If you experienced a slip and fall, sexual assault, shore excursion injury, food poisoning or contaminated food, unsafe conditions (such as defective handrails), tender boat accidents, cruise ship medical malpractice, or onboard fires, call Corless Barfield Trial Group at 813-258-4998.

Whether your personal injury claim is subject to Florida state, federal, or international law, our knowledgeable and experienced accident attorneys are ready to handle even the most complex cases. Contact us today for a free case evaluation.

In order to buy fireworks in the Sunshine State you have to sign a form declaring you’ll use them to illuminate railroads or scare away birds. Don’t laugh – that’s actually the law. (Under Florida law, devices such as sparklers are legal for Floridians to buy.)

Individuals can buy and use aerial and explosive devices if they sign a waiver saying they will use the fireworks for certain agricultural purposes, specifically for “frightening birds from agricultural work and fish hatcheries.”  As you can imagine, rarely do Floridians who sign the form use fireworks for such purposes. 

In an effort to allow Floridians to add a little sparkle during the Fourth of July holiday and other celebrations, a pair of new proposals would allow individuals to pledge to use the fireworks “solely and exclusively” during one of three designated holidays.  

The push to make the sale of fireworks legal on Independence Day, Memorial Day, and New Year’s Eve is being spearheaded by Sen. Travis Hutson, a St. Augustine Republican, and Rep. Ana Maria Rodriguez, R-Doral.  The duo have filed legislation (SB 140, HB 65) for consideration during the 2020 legislative session, which begins Jan. 14.

State lawmakers over the years have tried and failed to amend the statute regulating the use and sale of fireworks in Florida, from repealing the ban altogether to proposing changes to the legal waiver. 

Fireworks are explosives that have the potential to cause serious bodily harm. Fireworks are also responsible for starting fires that destroy homes and property. When you bring explosives into the mix, things can go sideways very fast for people and their property.  

According to the Consumer Product Safety Commission, in 2017, an estimated 12,900 injuries were treated in U.S. hospitals that were a direct result of firework accidents. Some of the more common injuries associated with firework accidents include:

• Burns
• Eye Injuries
• Broken bones
• Loss of fingers or toes
• Loss of hearing
• Soft tissue injuries
• Disfigurement
• Scarring
• Emotional trauma

It is important to know if your insurance policy covers damage from fireworks and fires. When fireworks are defectively designed or manufactured, the injuries people and their property sustain can be devastating. Fireworks can be used in a negligent or careless way, or used by unauthorized or inexperienced individuals.

If you are injured by a firework, whether from a product malfunctioning or as a spectator, the manufacturer, distributor, or fireworks user may be liable for your injuries.  Moreover, if your property is damaged due to fireworks and fires, you should contact a lawyer. 

Corless Barfield Trial Group has extensive experience litigating fireworks claims, products liability cases, and property damage insurance disputes. Call 813-258-4998 today for a free consultation. 

The Problem: Johnson & Johnson recently recalled one lot, about 33,000 bottles, of its Johnson’s Baby Powder because the U.S. Food and Drug Administration found asbestos in a bottle. People who own a bottle of Johnson’s Baby Powder from Lot #22318RB should stop using it, Johnson & Johnson Consumer Inc. said in a release announcing the recall and refunds.

According to the New Jersey-based company, the recall is limited to just one lot of Johnson’s Baby Powder produced and shipped in the U.S. last year. This announcement comes on the heels of the company facing previous allegations of asbestos contamination in its talcum powder.

Over the past century, asbestos was used as an ingredient in many different construction, insulation, and manufacturing materials. Asbestos-containing materials have likewise been used to insulate steam pipes, boilers, turbines, pumps, and other industrial equipment.

A Reuters report published last year said that Johnson & Johnson was aware for decades of asbestos in its baby powder but did not disclose that information to the public. The Justice Department and U.S. Securities and Exchange Commission is investigating the company over allegations that Johnson’s Baby Powder is contaminated with asbestos. The Justice Department is conducting a criminal investigation into whether the pharma giant misled the public about cancer risks of its talcum powder.

The Litigation: Lawsuits have been filed against Johnson & Johnson in the U.S. alleging that asbestos in its talcum powder cause cancer. In one historic decision last year, a jury awarded $4.69 billion to 22 women and their families. The women had claimed that their ovarian cancer was linked to asbestos contamination in the company’s powder and talc products.

Exposure to asbestos can seriously compromise your health and livelihood. Having an attorney who understands and recognizes the various types of exposure that can occur is essential in asbestos lawsuits. For a free consultation, contact Corless Barfield Trial Group at 813-258-4998.

If you or a family member is suffering from an asbestos–related disease or illness, contact our team of lawyers at 813-258-4998 to learn more about how we can help you. The lawyers at Corless Barfield Trial Group have represented numerous injury victims and are available to help you as well.

At Corless Barfield Trial Group, we don’t recommend settlement unless it’s in our client’s best interests. We offer our clients this unique, tactical benefit: Corless Barfield Trial Group thoroughly and painstakingly prepares cases with the view that they are going to trial. It’s all in the name – we are a personal injury law firm prepared and focused on trial. Corless Barfield Trial Group is committed to creating winning strategies for trial.

If you’ve been seriously injured or lost a loved one due to another’s negligent or reckless behavior, we will assess your case and provide you with an honest opinion on your case at no cost to you. For a free consultation, call us today at 813-258-4998.

Corless Barfield Trial Group is a law firm serving the Carrollwood and Westchase communities. If you are wondering if you have a personal injury case, the best thing to do is get a professional opinion from Corless Barfield as soon as possible. There are time limits on filing a case and delaying could jeopardize your right to compensation.

Our attorneys have extensive experience representing seriously injured people and their families in motor vehicle accidents, slip and falls, motorcycle accidents, premises liability accidents, and other catastrophic event cases. We provide the highest quality of service to our clients. Our lawyers handle accident and personal injury claims including:

• Car Accidents
• Pedestrian Accidents
• Truck Accidents
• Commercial Vehicle Accidents
• Motorcycle Accidents
• Bicycle Accidents
• Slip, Trip, and Falls
• Premises Liability
• Wrongful Death

Our group of top-rated, experienced, and knowledgeable personal injury attorneys have substantial resources to develop and present comprehensive and convincing evidence in court.

Corless Barfield Trial Group maintains strong relationships with internationally known experts in the fields of medicine, engineering, accident reconstruction, law enforcement, technology specialists, and economists to provide evidentiary support for our client’s claims.

We spare no resource in the investigation and preparation of each case for trial. We incorporate cutting-edge courtroom technology into our litigation strategy to help support expert testimony and assist jurors in fully understanding the various and complex aspects of a case.

All personal injury cases are carefully developed so that our courtroom presentations are powerful and successful. We aim to out-prepare and out-perform opposing counsels, insurance companies, and other third party entities so that our client’s message resonates with judges and jurors. We have the resources necessary to go up against the largest adversaries.

Our personal injury lawyers know the lengths insurance companies will go to limit the amount of money they have to pay to injury victims and we’re ready to fight for your rights. Our talented litigators understand how insurance companies operate and are prepared to stand up to them at trial. Contact us today at 813-258-4998 to schedule your free case evaluation with a personal injury trial attorney. We are your community law firm.

While it’s not usually the first thing on a homeowner’s mind, a guest who injures oneself on your property can bring a lawsuit to your friend door. Therefore, a good premises liability attorney will always advise that your property be safe not only for your and your family, but also for guests and even strangers. The following tips can help you keep out of trouble.

Trip and falls

Tripping and falling is one of the most common forms of injury from property negligence. Therefore, it’s imperative that you make sure that your property, inside and out, is clear of clutter and objects that people could trip over. This involves cleaning clutter from your lawn and removing any objects that could be a hazard. Safely store these objects in a shed or outbuilding. Heavy items that could cause someone to seriously injure themselves should never be left in an exposed area, as guests may walk into them and injure themselves.  

If you truly do not have anywhere to store these items, you should put them in one area and rope that area off to mark it as restricted for visitors on your property. Make keeping your property in good condition a top priority: always fix broken walkways and level uneven ground immediately. Inside your home, don’t leave that broken stair broken for long. If you simply think about the potential hazards in your home, you may come up with a few that you have let slide. These can be dangerous liabilities and should be fixed, or at least signified and roped off, immediately. Make sure all of your exits and stairways are clear and easily accessed.

Keep your home well-lit

Should there be an emergency, you want your visitors to have easy access to all entry and exit points in your home. If someone injures themselves escaping in an emergency due to your negligence, you could be liable. Lighting, both indoors and outdoors, is essential. Make sure that the back from your driveway to your door is well-lit at night, as someone could be seriously injured if they cannot see where they are walking while leaving your home.

Indoor lighting is also important – if it is dark in a room and a guest enters that room, they could injure themselves due to lack of familiarity with your property. Make sure you keep extra light bulbs around the house and replace worn out lights immediately. It is unsafe to have guests enter any room that is not well lit.

Debris

Besides the obvious furniture and other belongings that could prove to be a hazard, always be on the lookout for random debris. For example, dropping a glass on the floor and having it break is no big deal as long as it gets cleaned up; if you miss a piece, however, and a guest goes home with glass in their foot that leads to an infection, you could be the victim of a lawsuit.

At the end of the day, it’s always a best practice to utilize common sense when ensuring your home is safe. Keep your home clean, maintained, lit, and air-conditioned, and you are not likely to be on the wrong end of a lawsuit. A premises liability attorney is like insurance: if all goes well, you won’t need one.

You may also be interested in:

Office Building Security Tips
Risk Management Tips
Handyman Injured on my Property: Am I Liable?

It’s easy for us to think about the injury claims that come with car accidents, but many forget that no matter how one decides to travel, there is always a risk. This means cars, boats, bicycles, and yes, even walking. The best method of maintaining your lifestyle is prevention, and riding a bicycle is one of the top activities that puts you in a vulnerable position. Therefore, it’s important that one always accounts for the amount of risk involved in their activities. Here are some tips to prevent any bicycle injury claims.

Wear a helmet

Most importantly, make sure you always wear a helmet. Helmet laws will vary from state to state, but wearing a helmet is essential to safety. You are being left exposed when you ride a bicycle, and head injuries can be life threatening. Helmets have saved countless lives, while not wearing one has cost many.

Make sure that it is level and even on your head, and not tilted to the front or back. If you’re not sure if your helmet is fitting you properly, click here for an extensive explanation.

Maintain your bike

Always check to make sure your bike is in proper condition before taking it out. Check the brakes, make sure that everything is moving properly, and that all attaching areas are secure. Malfunctions can otherwise be unpredictable, and cause accidents or injuries unexpectedly. Imagine a wheel being off kilter and not noticing until it veered you off course, or your brakes failing. Little issues can have a major impact when in the wrong situation.

Always be visible

A headlight can also make a big difference when biking at night. You should always wear and have reflective gear, but a headlight adds to the equation and makes you more visible. Visibility at night is low, and a person riding a bike is small compared to surrounding visual stimulation. Without reflectors and a headlight, you run the risk of not being seen by automobile drivers. Even in the daytime, it can be tough to spot bike riders. Automobile drivers need to not only be able to see you clearly, but to anticipate what you might do.  

Use signals

Make sure you learn the hand signals for safe bike riding. These hand signals are directional, and are designed to increase visibility and give automobile drivers an idea of your next move. If you want to ensure that you’re practicing safe bicycle riding practices, and prevent a call to your insurance claim lawyer, make sure you follow the above safety tips. If you do find yourself to be the victim of an accident while on your bicycle and thinking of pursuing a bicycle injury claim, contact our professional lawyers at Corless Barfield to discover what can be done for you.

You may also be interested in:

Florida Bicycle Laws: Staying Safe on the Road
How to Prevent a Bicycle Accident