by Matt WilliamsWhat Is Uninsured Motorist Coverage and Should I Have It in Florida?
Uninsured motorist coverage protects a policyholder who is involved in an accident with an at-fault driver who does not have any liability coverage. Simply put, uninsured motorist coverage will protect you if you are hit by another person that does not have insurance. Along those same lines, underinsured motorist coverage protects a policyholder who is involved in an accident with an at-fault driver whose liability limits are too low to cover property damages or medical expenses.
All drivers in Florida are required to carry some level of personal injury protection (PIP). PIP is insurance that covers the policy holder’s own medical bills when they are injured in a car accident, regardless of who is at fault (i.e., if you get into an accident then your PIP will cover the costs of your own medical bills regardless of who was at fault in the accident). PIP covers up to $10,000 in medical costs related to injuries that the policy holder sustains in an accident, but PIP will not cover more than $10,000 in bills.
If you have more than $10,000 in medical bills then the at fault driver may cover your bills if they have liability coverage, but not all drivers have liability coverage. In fact, one in every eight drivers in the United States does not have insurance, so chances are you may be hit by someone who has no insurance. In a situation where your medical bills are more than $10,000 and the at fault driver has no insurance, you will be responsible for paying your own medical bills out of pocket; which is why you should have uninsured motorist coverage. Uninsured motorist coverage covers you when the at fault party does not have enough insurance to cover your bills, lost wages and/or your pain and suffering.
In Florida, you can have uninsured motorist coverage for bodily injury claims or property claims, but you are not required to have either one (I still highly recommend having uninsured motorist coverage for both property and bodily injury). If you are involved in an accident you can end up with tens of thousands of dollars in medical bills, you can be forced to stop working and you can be stuck with thousands of dollars in automobile repairs. If you are saddled with bill and unable to work, you credit score will be impacted, your financial stability will be disrupted and you could be forced into bankruptcy. Uninsured motorist bodily injury coverage can help cover lost wages and medical bills for both you and any passengers in your car, and uninsured motorist property damage coverage can help pay for vehicle repairs so you don’t have to pay out of pocket. Underinsured motorist coverage works the same way; your policy will cover you in the event the other driver does not have enough insurance to cover all of your medical bills or property damage.
If you have been injured in a car accident then you should contact the Law Office of Matthew C. Williams to discuss your rights and determine whether or not you need to file a claim using your uninsured or underinsured motorist policy. You can also give us a call if you haven’t been in an accident and you just have questions about the pros and cons of adding uninsured or underinsured coverage to your policy. Depending on the facts of your situation and the facts of your case if you have been in an accident, we may be able to hold the at-fault driver or vehicle owner accountable for their negligence and/or find other individuals or companies that may be liable in your case.
There are many benefits to retaining a lawyer after you were injured in a car accident, or when you are deciding what kind of insurance coverage to purchase on your vehicle. Attorney Williams and his legal team focus primarily on personal injury matters and they take pride in having a personal relationship with their clients. Attorney Williams treats his clients like family because he knows what they are dealing with is always more than just a case, and he refuses to let adjusters, defense lawyers, or big insurance stand in the way of getting his clients what they deserve. He obtains results for his clients and he’ll do the same for you, so give The Law Office of Matthew Williams a call to find out what your case is worth today.
by Matt WilliamsCan I Get Off of Probation Early in Florida?
Yes, you may be able to get off of probation early in Florida. You do not have a right to terminate probation early so there is no guarantee that you can get off early, and you can’t force the prosecutor or the judge to take you off of probation early, but there are a few ways that you can get off probation early in Florida.
Florida law says you have to be on probation for at least half of your term of probation before you are eligible for early termination. That means, generally, you have to be on probation for at least half of your term before you are eligible for early termination (i.e., if you were sentenced to 24 months of probation you can apply for early termination after 12 months). That being said, if a prosecutor agrees to let you off of probation earlier and the court allows it, you can get off probation before completing half of your probation term. If the State Attorney agrees to let you off then your lawyer will file a “Stipulated Motion to Terminate Probation” and the judge will sign an order terminating your probation with a day or so. Getting the State Attorney to agree to let you off early is always the easiest and quickest way to get off probation (that is why it’s important to hire an experienced lawyer who has a good working relationship with the State Attorney).
If you’ve completed more than half of your probation term and the State Attorney is objecting to you getting off of probation early then you can still file a motion asking the court to let you off of probation. It’s important that you complete all of your special conditions (community service, anger management, etc.) before you apply for early termination because the court will not terminate your probation unless all of your special conditions have been completed. Depending on what jurisdiction you are in, the court may require you to pay all court costs, costs of supervision and any other outstanding balances before terminating your probation. Either way, after you file a motion to termination probation then the judge will have a hearing and listen to “argument” from your lawyer and the State Attorney. After hearing from both sides, the judge will rule on whether or not your probation will be terminated. Again, it’s important that you speak to an experienced lawyer who has a good relationship with the court and who can help you determine whether you have outstanding conditions or balances that need to be satisfied prior to your probation being terminated.
Your probation officer can also submit paperwork to get you off probation early after you complete all of your conditions, but this is not something you should rely on. While probation officers submit early termination paperwork occasionally, there is a good chance that your probation officer is too busy to submit your paperwork in a timely manner. Getting you off of probation is not your probation officer’s main priority and they will probably take months to submit your paperwork, so keep that in mind when decision how you are going to get off probation.
If you were sentenced to probation and you want to get off early give The Law Office of Matthew C. Williams a call. It can be difficult to understand whether you qualify to terminate early, but an experienced attorney can help you understand whether or not you are eligible and what steps you should take going forward. An experienced attorney can also tell you how to move forward with getting off of probation when you owe outstanding fees and your probation officer is saying you have to pay the entire balance before you can get off probation.
There are many benefits to hiring an attorney and getting off of probation, and it’s important for you to choose the right attorney. Matthew Williams and the Law Office of Matthew Williams focus primarily on criminal defense matters in North Florida, and he’s been helping people with motions to terminate probation his entire career. Attorney Williams treats his clients like family because he knows what they are dealing with is always more than just a case, and he refuses to let probation officers or the criminal justice system stand in the way of working towards a better future for his clients. He obtains the best results for his clients and he’ll do the same for you. Give the Law Office of Matthew Williams a call now.
by Matt WilliamsCan I Sue a Business if Their Employee Gets into a Car Accident with Me?
Yes, you can file a personal injury claim against another driver that hits you, but you may also be able to file a personal injury claim against the company they were working for if they were on the clock or driving a company vehicle at the time of the crash. It’s best to speak to an attorney to determine whether or not you should file suit against the driver and the company, or just the driver, because there are a number of factors to consider when determining who to sue.
Employers can be held liable for their employees’ negligent acts in a number of situations. Generally, employers are not responsible for their employee’s negligence when the employee is driving to or from work; however, if the employee is driving to work with the intent to use the car or complete tasks for their employer while at work then the employer may be liable for the accident. For example, if a pizza delivery man is driving to work and gets in an accident then the pizza company he works for may be held liable for the accident since the employee was driving to work where they were going to use their car to complete their work. On the other hand, if a McDonald’s cashier got into a car accident on the way to work then McDonald’s would not be liable since the McDonald’s cashier is not required to bring their car to work.
Likewise, if an employee gets into a car accident while they are working or completing a task for their employer then their employer can be held liable for the employee’s actions. For instance, if the pizza delivery man from the example above got into an accident while he was in the process of delivering a pizza then the pizza company can be held liable for the driver’s negligent acts. An employer can also be held liable for negligent hiring if an employee gets into a car accident while working for the employer. In those situations, you will be successful in bringing a negligent hiring claim if you can prove the employer knew the employee had a history of bad driving and the employer still hired the employee to drive.
Regardless of who you are involved in an accident with, your health should always be your number one priority after an accident, so make sure you call 911 and receive immediate medical care if necessary. Once you’re in good health, contact an attorney immediately to determine what your next step should be. Your attorney can speak to you about the value of your case, who is liable in your case and whether or not you can sue the other driver’s employer. Oftentimes, employees are not in uniform or they don’t disclose that they were working at the time of the accident, so it’s important for you to speak to an experienced attorney who has the resources to investigate the individuals involved in your case to determine who can be held liable for your damages. It’s also important for you to speak to an experienced attorney to determine whether or not the driver’s employer is liable because employers generally carry far greater amounts of insurance than an individual driver. If the other driver’s employer is liable, then there will probably be substantially more insurance money available to cover the damages in your case.
If you have been injured in an auto accident, call the Law Office of Matthew C. Williams. We can represent you in your car accident claim and answer any questions you have about the process of filing a personal injury claim or determining who is liable. Attorney Williams treats his clients like family because he knows what they are dealing with is always more than just a case, and he refuses to let adjusters, defense lawyers, or big insurance stand in the way of getting his clients what they deserve. He obtains results for his clients and he’ll do the same for you for you, so give The Law Office of Matthew Williams a call to find out what your case is worth today.
by Matt WilliamsWhat is the Difference Between Having Your Record Sealed and Having Your Record Expunged?
Practically, there is no difference between sealing your record and expunging your record. In Florida, if you are arrested, charged with a crime or issued a notice to appear for a criminal violation then your case file will become public record. That means your arrest will appear in criminal background checks, records requests and even Google searches until your record is either sealed or expunged. Once your case is sealed or expunged, your arrest and any reports arising out of that specific arrest that you had sealed or expunged will no longer be visible to the public. In addition, once your record is sealed or expunged, you will be able to answer “no” when asked whether you have ever been arrested on employment and housing applications (in some rare situations, like when you apply for admission to the Florida Bar or employment with the Department of Children and Families, you will still have to report your arrest).
That being said, it is better to have your case expunged. When your case is expunged the arresting agency, the State Attorney’s Office and anyone else who has a copy of your file is required to destroy your file. In fact, the Florida Department of Law Enforcement will be the only agency allowed (and required) by law to retain the only copy of your fie, and the public cannot access the Florida Department of Law Enforcement’s file. On the other hand, when your case is sealed, your case file still exists, but the file is not public.
Unfortunately, it is difficult to fit the criteria for eligibility to expunge your record in Florida. To qualify to have your case expunged, your case had to have been dismissed by the Court, or dropped by the State Attorney’s Office, and you can’t have any prior convictions. You can also have your case expunged if you were found not guilty at trial or if your case has been sealed for more than 10 years. That being said, generally, to qualify to have your record sealed then you need to have had adjudication withheld in your case and you can’t have any prior convictions, but keep in mind that there are a number of charges that can’t be sealed by law.
If you have been arrested in the past and you want to seal or expunge your record then you should contact a lawyer to go over your case. It can be difficult to understand what the disposition of your case was, or whether or not adjudication was withheld in your case, but an experienced attorney can help you understand whether or not you are eligible to seal or expunge your case and what steps you should take going forward. If you were arrested for a crime, then you may be eligible to seal or expunge your record. Regardless of the situation, you need an experienced attorney to obtain your court file to determine your eligibility. There are many benefits to hiring an attorney and getting your record sealed or expunged, and it’s important for you to choose the right attorney. Matthew Williams and the Law Office of Matthew Williams focus primarily on criminal defense matters in North Florida, and he’s been helping people seal and expunge their records his entire career. Attorney Williams treats his clients like family because he knows what they are dealing with is always more than just a case, and he refuses to let law enforcement, state attorneys, or the criminal justice system stand in the way of working towards a better future for his clients. He obtains the best results for his clients and he’ll do the same for you. Give the Law Office of Matthew Williams a call now.
by Matt WilliamsWhat Should I Do If I am Hit by a Drunk Driver?
If you are hit by a drunk driver then the first thing you need to do is seek medical attention. You should always immediately call 911 or law enforcement to report the incident, and if you believe the other driver is under the influence then you need to tell the law enforcement officers when they arrive on scene. Law enforcement officers are trained to detect whether or not someone is under the influence of alcohol, and if you tell them that you believe the other driver is under the influence then they will conduct their own investigation. They will also document their findings in their police report, so make sure you notify the officer on scene after you received medical attention.
The next thing you should do is contact a lawyer. Like every car accident case, you will benefit from having a lawyer in a car accident case involving a drunk driver. There is a good chance you will be contacted by the at fault driver’s insurance company shortly after the accident. Oftentimes, the other driver’s insurance company will try to get you to settle the case, or they will try to establish that the crash was not a result of their driver being under the influence of alcohol. It’s extremely important that you speak to a lawyer before having this conversation because you could seriously limit the amount of your financial recovery by saying the wrong thing. For instance, if you told the other drivers insurance company that you “don’t feel that bad” and you are willing to settle the case for $5,000.00 if they fix your car, then you may never learn that the insurance company was really willing to pay you $50,000.00. If you don’t have the experience to value a case or the understanding of legal process surrounding a car accident, then you can end up hurting your case more than helping.
Also, your lawyer will investigate the claim to determine whether or not other parties are liable under a dram shop claim. In some situations, if you are hit by an intoxicated person who is coming from a bar or nightclub then you will be able to move forward with a dram shop claim. Dram shop laws impose a duty on a bar or nightclub to monitor the patrons that they are serving alcohol. Dram shop laws also make it unlawful for the bar or nightclub to serve a patron that is already intoxicated. A dram shop claim is based on the premise that the bar or nightclub provided too much alcohol to the person that hit you. While dram shop claims are more rare and harder to prove than a regular car accident claim (you will be required to prove that the person who hit you was actually intoxicated and that they became intoxicated at the bar or nightclub in question), it is important that you discuss your case with an attorney that understands the different claims available to you.
The next thing you should do after speaking to your lawyer is start your follow up treatment. Receiving medical treatment is oftentimes the most important step in healing and getting back to some sort of normalcy after sustaining an injury in a car accident, so make sure you to receive treatment as recommended and follow up with your chiropractor, physical therapist or orthopedic specialist as recommended. It’s also important to continue receiving treatment if you still have symptoms because insurance companies oftentimes look at a lack of treatment as an indication that you are no longer injured.
Your attorney will begin requesting copies of your medical records and billing while you are receiving treatment for your injuries. The length of your treatment will depend on the extent of your injuries and the number of specialists that you are referred to, but the treatment phase usually last around 3 months to 5 months. Once your condition has stabilized enough for your doctors and specialists to draft final reports detailing their opinions regarding your injuries and your future medical care, they will send the final report to your attorney and your attorney will draft a demand for settlement or move forward with a lawsuit.
Lastly, stay involved in the criminal case. Your attorney can help you with this, but you should stay in contact with the prosecutor who is prosecuting the DUI case arising out of the person that hit you. Oftentimes, you will have a say in how the DUI case is resolved, and you don’t want to agree to allow the person to plea to a lesser charge because that could impact your personal injury claim. At the Law Office of Matthew C. Williams, we represent our clients as victims in criminal cases and we advocate to the prosecutor on their behalf, but if your lawyer won’t do it for you then you need to do it yourself. It’s that important.
If you have been involved in an accident or hit by a drunk driver then you should contact The Law Office of Matthew C. Williams to determine how to move forward with your case. The other driver’s insurance company will oftentimes claim you are at fault, argue you were intoxicated yourself, or they will deny any liability until you are willing to settle for less than your case is worth, but with the help of Attorney Williams, you will have the same resources, financial backing and experience that the insurance companies have, and you will never feel alone in your fight for justice.
The Law Office of Matthew C. Williams focuses primarily on car accident cases and we take pride in having a personal relationship with our clients. Attorney Williams treats his clients like family because he knows what they are dealing with is always more than just a case, and he refuses to let drunk drivers, defense lawyers, or big insurance stand in the way of getting his clients what they deserve. He obtains results for his clients and he’ll do the same for you, so give The Law Office of Matthew C. Williams a call to find out what your case is worth today.
by Matt WilliamsIt’s 420! Can the Police Still Take Me to Jail in Florida for Weed?
Yes, marijuana is still illegal in Florida and the police can still take you to jail for possessing flower, wax, crumble, RSO, tinctures, edibles or THC oil. Most jurisdictions in Florida have started handing out citations for possession of less than 20 grams of flower, but the police in Florida will charge you with a third-degree Felony if you are caught with any concentrates, edibles or oils. Here are some things you should consider if you’re celebrating 420 this year.
- Possession of less than 20 grams of marijuana in Florida is still a misdemeanor and possession of more than 20 grams of marijuana is a third-degree Felony.
- If you are caught with edibles, concentrates, or any form of THC other than flower then you can be charged with a third-degree felony also, even if you have less than 20 grams.
- If you have your medical marijuana card then you can legally possess up to 2.5 ounces of marijuana at a time. You can also legally possess THC in any form. That means you can have edibles, concentrates and oils as long as you have your medical marijuana card.
- If you have your medical marijuana card then you can consume medical marijuana on private property, but you are not allowed to consume medical marijuana in a vehicle, in a boat or on public property, so plan accordingly.
- If you have a medical marijuana card then you can still be arrested for DUI, so if you are pulled over then you should never tell an officer that you just finished smoking or consuming marijuana.
- If you have a medical marijuana card then your probation officer cannot violate you for smoking marijuana.
- If you have a medical marijuana card you can still get your concealed weapons license in Florida.
- Your employer can still drug test you and fire you for testing positive for marijuana, even if you have your medical marijuana card.
- If you do not have a medical marijuana card from Florida then you cannot use your medical marijuana card from another state to purchase or possess marijuana in Florida.
- Never keep your marijuana in plain view. If you don’t have a medical marijuana card and an officer sees a joint in your car, then the officer will have probable cause to search everywhere, so make sure you put your weed away before you get on the road.
Enjoy 420, but if an officer stops you, searches you or takes you to jail for possession of marijuana, then you need to call a lawyer. Regardless of the situation, you need an experienced attorney to review your case, determine if the stop was legal and fight for your rights after your arrest.
There are many more benefits to hiring an attorney if you were arrested, and it’s important for you to choose the right attorney. Matthew Williams and the Law Office of Matthew Williams focus primarily on criminal defense matters in North Florida, and he’s been handling cases involving illegal traffic stops, possession of marijuana, and interactions with the drug task force his entire career. Attorney Williams treats his clients like family because he knows what they are dealing with is always more than just a case, and he refuses to let law enforcement, state attorneys, or the criminal justice system stand in the way of getting his clients the justice they deserve. He obtains the best results for his clients and he’ll do the same for you. Give the Law Office of Matthew Williams a call now.
by Matt WilliamsCan I File a Personal Injury Claim Against a Bar or a Nightclub if I am Attacked or Sexually Assaulted in the Club?
Yes, you can file a personal injury claim against a bar, nightclub or lounge if you are attacked, sexually assaulted, or injured while you are there. In most cases, lawsuits arising out of a fight or assault at a nightclub are based on negligence. In other words, you can sue the bar or nightclub for failing to take reasonable steps to keep you safe and protect you from foreseeable harm. In some cases, you can also file a dram shop suit against the bar or nightclub for serving the person who assaulted you too much alcohol. Here is a breakdown of the two claims:
Bars and nightclubs, like every business in Florida, have a duty to protect their patrons from foreseeable harm. Given the fact that bars and nightclubs are in the business of serving alcoholic beverages to patrons, fistfights, physical altercations and sexual assaults may be foreseeable depending on the type of establishment it is. For instance, fights, assaults and altercations are probably foreseeable at a local nightclub on a college campus that is known for fights and inebriated students every weekend. A club like that should have security or bouncers on the premises because fights are foreseeable; however, fights are probably not foreseeable at a local restaurant serving mimosas on Sunday morning where there has never been any altercation before. Using our nightclub example from above, the local nightclub should probably have an off-duty police officer present, they should install cameras and they should pat down their patrons to make sure people aren’t bringing weapons onto the property. All of these steps should be taken by the local nightclub to keep their club safe, especially if they know fights or assaults have occurred in the nightclub in the past. If you were injured in the nightclub in the above example and they didn’t have security then you would have a strong negligent security claim to bring against the nightclub. Even if the club had some level of security, you can still move forward with a negligent security claim based on the club having inadequate security. Either way, you should contact an attorney immediately if you are injured while visiting a bar or nightclub to determine whether or not the establishment’s security was adequate.
In some situations, if you are attacked by an intoxicated person in the club then you will be able to move forward with a dram shop claim. Dram shop laws impose a duty on a bar or nightclub to monitor the patrons that they are serving alcohol. Dram shop laws also make it unlawful for the bar or nightclub to serve a patron that is already intoxicated. A dram shop claim is based on the premise that the bar or nightclub provided too much alcohol to the person that attacked you. While dram shop claims are rarer and harder to prove than negligent security claims (you will be required to prove that the person who attacked you was actually intoxicated and that they became intoxicated at the bar or nightclub in question), it is important that you discuss your case with an attorney that understands the different claims available to you.
If you have been attacked or sexually assaulted in a bar or nightclub then you should contact The Law Office of Matthew C. Williams to determine how to move forward with your claim. Nightclub owners and managers will oftentimes claim you are at fault, argue you were intoxicated, or they will deny any liability until you are willing to settle for less than your case is worth, but with the help of Attorney Williams, you will have the same resources, financial backing and experience that bar owners and nightclubs have, and you will never feel alone in your fight for justice.
The Law Office of Matthew C. Williams focuses primarily on negligent security matters and we take pride in having a personal relationship with our clients. Attorney Williams treats his clients like family because he knows what they are dealing with is always more than just a case, and he refuses to let nightclub owners, defense lawyers, or big insurance stand in the way of getting his clients what they deserve. He obtains results for his clients and he’ll do the same for you, so give The Law Office of Matthew C. Williams a call to find out what your case is worth today.
by Matt WilliamsCan the Police Make Me Get Out of the Car During a Traffic Stop?
Yes, the police can order a driver to get out of the vehicle during a traffic stop. The police can make passengers get out of the vehicle as well. While you should always speak to a lawyer about your specific case, it is generally legal for a police officer to order someone out of a vehicle during a traffic stop for officer safety purposes.
Police can conduct a traffic stop on a vehicle if the police officer observes any occupant of the vehicle commit a traffic violation. That means an officer can initiate a traffic stop if the driver is caught speeding, running a stop sign or running a red light, but it also means the officer can initiate a traffic stop if the officer sees a passenger not wearing a seatbelt or drinking a beer in the car. The officer can lawfully conduct the traffic stop in any one of those situations because the traffic stop is based on a reasonable suspicion that the driver or passenger committed a traffic violation. Once the traffic stop is initiated, the police officer ca speak to the driver or passenger and write a ticket, but the officer is only permitted to keep the driver and/or passenger detained as long as it takes to write the citation for the traffic violation. The officer is not allowed to prolong the traffic stop for any reason (oftentimes, law enforcement officers will delay a traffic stop to allow time for a K9 officer to arrive on scene).
One tactic that the police can use to prolong the stop is ordering you to get out of the car. A police officer can legally order any occupant of a vehicle to get out of the car during a lawful traffic stop, even if the traffic stop was based on a minor offense. Oftentimes, there are more occupants of a vehicle than there are officers on scene at the time of a traffic stop. There are also many situations where officers can’t see into a vehicle because of a lack of windows, tinted windows or other factors. Courts have held that an officer can order an occupant(s) out of a vehicle during a traffic stop to prevent the officer from being in a situation where they can’t see all of the occupants during the stop. In that situation, the officer can order the occupants out of the vehicle and the officer can detain the individuals on the side of the road for the duration of a traffic stop. Even if there is only one person in the car, the officer can require that one person to get out of the car if the officer feels it is necessary for his or her safety, and the officer doesn’t have to explain why he or she felt unsafe. While being detained on the side of the road is embarrassing, demeaning and frustrating, police officers are legally allowed to order you out of the car during a lawful traffic stop.
That being said, there are some situations where it would be unreasonable to order an occupant out of the car. For instance, if an occupant is disabled, or if there are minor children in the car, then it may not be reasonable to require the minor child to get out of the car, but such an order would not be illegal. There are also situations where it wouldn’t be appropriate to order someone out of the car because it is against department policy, so it’s important for you to speak to a lawyer about your case to determine whether or not you were lawfully ordered out of the car.
If you were pulled over and removed from your car during a traffic stop then you should contact a lawyer to go over your case. Law enforcement is generally allowed to make someone get out of the car during a lawful traffic stop, but even if you think the traffic stop was lawful you may be wrong. In fact, law enforcement officers are allowed to mislead you and may not have been honest when they told you why you were pulled over, so contacting a lawyer is always in your best interest.
If an officer pulled you over and ordered you out of the car, then your constitutional rights may have been violated. Regardless of the situation, you need an experienced attorney to file pleadings with the appropriate court attacking the legality of the traffic stop and fighting to get a copy of all dash camera and body camera footage. There are many more benefits to hiring an attorney if you feel your rights have been violated, and it’s important for you to choose the right attorney. Matthew Williams and the Law Office of Matthew Williams focus primarily on criminal defense matters in North Florida, and he’s been handling cases involving illegal traffic stops his entire career. Attorney Williams treats his clients like family because he knows what they are dealing with is always more than just a case, and he refuses to let law enforcement, state attorneys, or the criminal justice system stand in the way of getting his clients the justice they deserve. He obtains the best results for his clients and he’ll do the same for you. Give the Law Office of Matthew Williams a call now.
by Matt WilliamsHow Much Money Can I Get Paid After Being Shot on Someone Else’s Property?
Unfortunately, people are injured in shootings every day. In most cases, the shooter is held criminally responsible for the shooting. In some cases, the owner of the property where the shooting occurred is held liable in civil proceedings for failing to provide adequate security. How? In Florida, property owners and property managers are required to protect individuals on their property from foreseeable third-party crime. That being said, if a property owner or property manager fails to warn you about potential third-party crime, or if they fail to protect you from third party crime, and you are shot, then you should speak to an attorney at The Law Office of Matthew C. Williams about your situation. There is a good chance Attorney Williams can recover money for your injuries.
The exact amount of money that you receive after being injured in a shooting depends on a few factors. The extent of your injuries, your medical bills and the property owner’s insurance policy limits are the three most important components in determining how much money you’ll receive (in most cases businesses have a commercial general liability policy with a $1 million policy limit). Future medical costs, pain and suffering, and how much time you missed from work will also be considered in determining the amount of compensation you’re eligible for. Some people question why the property owner is responsible for a shooting committed by someone else, but the property owner had a legal duty to protect you from the shooting. Also, the purpose of receiving money after a shooting is to “make you whole” again, or to put you back in the position you were in before the shooting. In most cases, making you “whole” is nearly impossible, so the money you receive is supposed to get you back to a place of normalcy like the shooting never happened.
The extent of your injuries is always a major factor in evaluating a negligent security claim, but the exact value of injuries can be difficult to calculate since everyone’s injuries are valued differently. For example, a shooting involving a young Olympic athlete who remains in the hospital for 2 months and can never walk again without assistance will be valued differently than a shooting involving a young man who is grazed in the arm and does not have permanent injuries. That is true because the Olympic athlete’s earning capacity will be diminished much greater than the other young man’s earning capacity. It is also true because the Olympic athlete’s past and future medical costs will be higher, and because the Olympic athlete had to endure much more pain and suffering. Obviously, the young man who was grazed would still receive compensation for his injuries, but the Olympic athlete would likely be able to recover far more for his or her damages given the differences in their injuries.
Medical bills are objective and can be easily calculated, but damages for pain and suffering are extremely subjective. Using our example above, the Olympic athlete and the other young man man will likely recover different amounts of compensation for damages arising out of pain and suffering at the time of the accident since they experienced vastly different injuries. They also had and will have different experiences with how long the pain lasted, how much they continue to suffer and how much they plan to rehabilitate their injuries. The Olympic athlete in our example may require multiple surgeries and physical therapy in the future as he or she attempts to learn to walk/run again, while the young man who was grazed may decide to never seek any follow up treatment. Even when injuries are similar in nature, damages for pain and suffering or future medical costs may be drastically different.
The Law Office of Matthew C. Williams has recovered millions of dollars for clients injured in shootings, and we can help you recover a significant amount of money if you were injured in a shooting as well. If you have been injured in a shooting or some other situation, then you should contact The Law Office of Matthew C. Williams to determine how much compensation you can receive for your injuries. Insurance companies will oftentimes dispute liability, argue your injuries are not as bad as they seem, or they will delay their case until you are willing to settle for less than your case is worth, but with the help of Attorney Williams, you will have the same resources, financial backing and experience that the insurance companies have.
The Law Office of Matthew C. Williams focuses primarily on negligent security matters and we take pride in having a personal relationship with their clients. Attorney Williams treats his clients like family because he knows what they are dealing with is always more than just a case, and he refuses to let adjusters, defense lawyers, or big insurance stand in the way of getting his clients what they deserve. He obtains results for his clients and he’ll do the same for you, so give The Law Office of Matthew C. Williams a call to find out what your case is worth today.
by Matt WilliamsCan the Police Look Through My Cell Phone or Search My Cell Phone Without a Warrant?
No, law enforcement cannot search your cell phone without a warrant or probable cause. That being said, there are a number of legal exceptions that will allow law enforcement to search your cell phone without a warrant. Given the fact that your cell phone most likely contains all of your personal information, private photos, and other details of your life, you need to know how to exercise your rights when law enforcement attempts to look through your cell phone.
Everyone has a Fourth Amendment right to be free from unreasonable searches. That means that law enforcement cannot search you or your personal belongings without a warrant (there are some people such as inmates, school children or people crossing the border who do not have the full protection of the Fourth Amendment and can be searched without a warrant). That also means that the Fourth Amendment applies to your cell phone, even if you are pulled over, arrested or otherwise being investigated by law enforcement. No matter what the situation is, law enforcement has to have probable cause or a warrant to search your cell phone.
In most situations, law enforcement will not have probable cause to go through your phone so they will ask you for your consent to search your phone. If you ever find yourself in a situation where law enforcement is asking to search your phone then you should ALWAYS say no. Beyond the fact that you have a right to not have a police officer look through your phone, your phone may contain passwords, bank account info or private photos that you do not want to share with law enforcement. It’s important for you to remember that refusing a search cannot be held against you at all, so don’t let the officer talk you into consenting to the search. Regardless of the circumstances, you should never give an officer consent to search your cell phone.
In some situations, law enforcement will have probable cause to seize your cell phone, which they will do on scene, and then they will apply for a search warrant to search your cell phone at a later time. Oftentimes, this happens during a traffic stop. For example, if an officer pulls someone over and finds drugs, baggies and a scale in the vehicle, then law enforcement will have probable cause to believe the person is selling drugs. In this situation, the officer can seize the person’s cell phone based on the probable cause that the driver is selling drugs, and then the officer can apply for a search warrant to search the phone for evidence of drug sales. In most cases, the officer will look through photos and text messages on the phone to determine if there is evidence of drug sales on the phone. In this situation, the driver will not be able stop the officer from seizing their phone because the officer developed probable cause based on what was found in the car.
Law enforcement can also seize or search a phone without a warrant if there are exigent circumstances present. Exigent circumstances include emergency situations requiring swift action to prevent imminent danger to life or serious danger to property, or to stop the imminent escape of a suspect, or to stop the destruction of evidence. For instance, if law enforcement is arresting someone they believe has kidnapped a minor child and they believe the person’s cell phone contains information about the location missing child then law enforcement may be able to go into the phone without a warrant. In this situation, if the child’s life is in immediate danger and waiting on a warrant could put the child’s life in further peril, the police would be able to get into the phone without a warrant or consent due to the exigent circumstance; however, these situations are rare.
There are very few other exceptions to the warrant requirement for cell phones, but every situation is different. Either way, if the police seize, search or otherwise go through your phone without a warrant then you should contact a lawyer before moving forward with your case. Law enforcement will oftentimes hold and/or search cell phones without the legal authority to do so, so it’s important for you to speak to an attorney who has experience dealing with law enforcement and cell phone seizures. More importantly, if the police pull evidence off of your cell phone illegally then whatever evidence they found should not be admissible in court, so contacting a lawyer is always in your best interest.
If law enforcement searched your phone then your constitutional rights may have been violated. Regardless of the situation, you need an experienced attorney to file pleadings with the appropriate court attacking the legality of the search or seeking the suppression of any evidence found as a result of the illegal search. There are many more benefits to hiring an attorney if you feel your rights have been violated, and it’s important for you to choose the right attorney. Matthew Williams and the Law Office of Matthew Williams focus primarily on criminal defense matters in North Florida, and he’s been handling juvenile delinquency cases his entire career. Attorney Williams treats his clients like family because he knows what they are dealing with is always more than just a case, and he refuses to let law enforcement, state attorneys, or the criminal justice system stand in the way of getting his juvenile clients the justice they deserve. He obtains the best results for his clients and he’ll do the same for your child. Give the Law Office of Matthew Williams a call now.