Legal Rhetoric

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In frequent law legal techniques , choices by courts are explicitly acknowledged as “legislation” on equal footing with statutes adopted through the legislative course of and with regulations issued by the manager department The “doctrine of precedent”, or stare decisis (Latin for “to face by choices”) signifies that decisions by greater courts bind lower courts, and future decisions of the same courtroom, to guarantee that related instances reach related outcomes.…

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Not Wearing a Seat Belt Can Affect Your Car Accident Claim

Buckling up is more than a slogan. It is a safer choice. Seat belts have saved more than 14,950 lives, according to statistics in 2017. As many as 2,500 lives could have been saved by wearing safety belts.

Florida law requires that all passengers and drivers of vehicles be wearing seatbelts. It is the law. There are many cases of car accidents where the driver failed to buckle up.

This could lead to more severe and potentially fatal injuries. Your St Pete personal injury case could also be negatively affected if you fail to buckle up.

What Is the Seat Belt Defense?

Sometimes victims of car accidents contribute to their injuries. This can happen in certain situations, even if it wasn’t intended.

If you were not wearing a seatbelt at the time you were injured, the defendant may argue that you contributed partially to the accident. This is known as the “seat belt defense.”

Let’s suppose another car hits you. Medical attention, lost wages, pain and suffering can all add up to $100,000. To help pay these costs, you may decide to file a personal injury claim.

If the judge examines your case and finds that you were not wearing a seatbelt when the accident happened, they might reduce your compensation.

If you don’t buckle up, the judge may consider you partially responsible for your injuries.

This is known as “comparative fault” or “comparative negligence”.

Florida statute ยง 761.81 says that a plaintiff’s negligence does not prevent them from filing …

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Never Post on Social Media After an Accident

We have all been there. In the heat of an exhilarating or frustrating moment, we all want to vent. We move beyond the usual social media posts about vacations, dogs, and funny memes. For a brief moment, we feel heard and seen by others. We feel free to express our emotions and our friends and followers support us. We forget all about our posts after a week. However, the internet doesn’t forget.

Research in a 2021 study found that 72% of adults use social media. People from all walks of life, age, and professions post on at least one social media platform.

This Could Cause Problems in the Discovery Process for Your Case

Both sides can collect discovery evidence if the claim cannot be settled outside of court. To avoid surprises at trial, the discovery process seeks to collect as much evidence as possible. The insurance company and other defendants named in your case can search your social media to try to weaken the claim.

Courts have ruled that social media posts may be used as discovery evidence. A judge might allow other litigants to look through your social media accounts if they can prove that your posts are harmful to your case. Your account may be set up so that only your family and friends can see your content. You can also share anything you want on your private page. However, opposing counsel can legally search for photos, videos, contradictory statements, and time stamps that could undermine the validity …

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