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Carlson Meissner Hart & Hayslett | Legal Blog

Dec  13,  2010
By maryann
Floridians who suffer an injury at work are entitled to receive medical care and some lost wage benefits through the workers compensation system. They also have the right to explore the possibility of settling their claims. While this could end up being a great decision, it is important that you understand exactly what happens when you settle a workers compensation case.  Settling a workers compensation case in Florida is completely voluntary. That means that no one can force you to settle your claim. It also means that no one can force the workers compensation insurance carrier to settle a claim with you. It is voluntary for both sides. So long as the insurance carrier is providing you with the benefits you are entitled to – medical care and, in some cases, lost wages – they may not have any further obligation.  If you decide to settle your workers compensation case, what you are in essence doing is trading in all future benefits you could get from that insurance company for a lump sum of money. This means it is very important to understand what future medical care you could still need, how much that medical care is likely to cost the workers compensation insurance carrier, and how much time from work you are still likely to lose in the future. Once you decide to settle your case, the insurance carrier will give you the lump sum of money you negotiated, but they will never again be responsible for providing you with any benefits under Florida’s workers compensation law.  There are many valid reasons why you may choose to settle your workers compensation case. It is entirely possible that you are not satisfied with the treatment you are receiving from the workers compensation doctors, and wish to settle in order to obtain your own medical care. Other times you may be feeling better from your injury and simply want to settle instead of leaving a claim open without treating. Sometimes there are other valid economic necessities that cause someone to explore settlement.  I always recommend speaking with a lawyer if you have been hurt at work in order to be informed of your rights. If you are thinking of settling a workers compensation case, it is even more important that you obtain good, competent legal representation. A knowledgeable workers compensation lawyer will have the experience to understand how claims are evaluated and how much an insurance company is likely to pay for specific injuries and claims. Always keep in mind that insurance companies are not in business to give money away. If they can settle with you for a small fraction of what your case is worth, they will do so. Having an experienced workers compensation lawyer evaluate and negotiate your case for you is likely to result in a much better outcome.
Tags: attorneys-lawyers-blog-clearwater:attorneys; lawyers; blog; clearwater,bradenton:bradenton,fighting-for-the-injured:fighting for the injured,new-port-richey:new port richey,paul-meissner:paul meissner,spring-hill:spring hill,tampa-bay:tampa bay,workers-compensation:workers compensation
Posted in workers-compensation-2:Workers' Compensation
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Floridians who suffer an injury at work are entitled to receive medical care and some lost wage benefits through the workers compensation system.
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Dec  13,  2010
By admin
[stream provider=video base=x:/www.carlsonmeissner.com/wp-content/uploads/vids/ flv=472. The 5 secrets to help you avoid a DUI arrest.flv embed=false share=true width=350 height=287 dock=true controlbar=over bandwidth=high autostart=false /]
A DUI arrest can impact your record dramatically. In this video, Attorney Kevin Hayslett gives you five secrets that can help decrease your chances of a DUI arrest.
  1. Drive Smart To decrease the chance of an encounter with a police office, avoid speeding, don't have your car radio too loud, and avoid areas that are highly patrolled by DUI Officers which are the main thoroughfares between where you live and where you are going.
  2. Eliminate the Easy Things Don't speed, make sure all your lights are working, have up-to-date registered tags, and a valid driver's license. Avoiding things that draw the attention of a Police officer can greatly reduce your chances of a DUI arrest.  Don't give them a reason to pull you over
  3. Be Organized Know where your big three documents are. Driver's License, Proof of Insurance and Automobile Registration. Having these three items conveniently located in your vehicle and easy to access can help you avoid giving the impression that you are somehow impaired.
  4. Keep it Short Stupid (K.I.S.S.) If you can eliminate a lenghty time period that you have in contact with the Police officer, you will greatly increase your chances of not getting arrested.
  5. Plan, Plan, Plan Get a designated driver or hire a cab, and think ahead to where you are going and exactly how you are going to get home.
Remember these five things to dramatically decrease your chances of getting arrested for a DUI. If you have any additional questions, please contact Kevin Hayslett for a Free Consultation.
Tags: dui:dui,illegal-traffic-ticket:illegal traffic ticket,kevin-hayslett:Kevin Hayslett
Posted in dui-2:DUI,kevin-hayslett:Kevin Hayslett
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Dec  03,  2010
By maryann
Please join Terri Cromley and our Bradenton office staff tomorrow, Saturday, December 4, 2010, from 4:00 p.m. to 7:00 p.m. at Bray Park for A Night Before Christmas. Santa Claus is scheduled to fly into G.T. Bray Park for the annual "A Night Before Christmas" celebration. You can enjoy live entertainment before Santa's arrival and participate in a number of family activities including visits with Santa, face painting, bounce houses, an 18' inflatable slide, hayrides, cookie crafts, and trampoline power jump. Exhibitors and food vendors will be on site. Everyone should take this opportunity to create many great family memories. There is a nominal fees for activities.
Tags: attorneys-lawyers-blog-clearwater:attorneys; lawyers; blog; clearwater,bradenton:bradenton,clearwater:clearwater,social-security-disabilities:social security disabilities,tampa-bay:tampa bay,workers-compensation:workers compensation
Posted in announcements:Announcements
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Please join Terri Cromley and our Bradenton office staff tomorrow, Saturday, December 4, 2010, from 4:00 p.m. to 7:00 p.m. at Bray Park for A Night Before Christmas.
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Dec  02,  2010
By admin
[stream provider=video flv=x:/carlsonmeissner.podbean.com/mf/web/9acjmg/470MirandaRights.flv img=x:/www.carlsonmeissner.com/wp-content/uploads/2010/11/Miranda-Rights.jpg embed=false share=false width=350 height=287 dock=true controlbar=over bandwidth=high autostart=false /] One of the most popular notions people believe is when it comes to an encounter with Law Enforcement, if your Miranda Rights are not read, then your case will be dismissed and everything will be all right. This is not true! It was decided on June 13, 1966 that Miranda Rights would be constitutionalized in the case Miranda v. Arizona. Since then the Supreme Court set a guideline that prior to interrogation law enforcement must advise the suspect of the following. - The suspect has the right to remain silent - Anything the suspect says will be used against them in court. -The suspect has a right to an attorney and to have that attorney present during questioning. -If the suspect cannot afford an attorney, the Court will provide one to them. Miranda Rights only apply only if the law enforcement officer asks you questions while you are in custody. This is called Custodial Interrogation. This means that if you are in custody, not free to leave, and are being interrogated by the Police without you agreeing to answer those questions, then those statements can not be used against you. But if you are not in custody or if you are arrested and Miranda Rights are not read to you, it does not mean that your case will be dismissed. Miranda Rights only apply to your statements. Your case may not get dismissed, but your statements may be made inadmissible, meaning they can’t be used against you in Court. If you have any additional questions, please contact our offices for a Free Consultation..
Tags: clearwater-criminal-defense:Clearwater Criminal Defense,criminal-defense-attorney:criminal defense attorney,criminal-defense-lawyer:criminal defense lawyer,miranda-rights:Miranda Rights,tampa-criminal-defense:Tampa Criminal Defense
Posted in criminal-defense:Criminal Defense
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Dec  02,  2010
By admin
[stream provider=video flv=x:/carlsonmeissner.podbean.com/mf/web/kjkic3/471SecretsofPoliceSearches.flv img=x:/www.carlsonmeissner.com/wp-content/uploads/2010/11/police-searches-300x217.jpg embed=false share=false width=350 height=287 dock=true controlbar=over bandwidth=high autostart=false /] One of the unknown voids that most people have is the limits of authority that law enforcement has over them. Questions such as… - When can police conduct a search? - When is law enforcement required to have a warrant to conduct a search? One of the tactics Police Officers will use is that they will get the unsuspecting citizen to consent to a search even when they do not have probable cause or a search warrant. In most instances, Police Officers are required to either have probable cause or a search warrant to conduct a search of you, your car, or your possessions. The Courts allow law enforcement to conduct a search, if the citizen consents. In most scenarios, you will either be approached by a Police Officer or approached in a result of a traffic stop. Then the Officer would come up and say something along the lines of, “You don’t mind if I look through your car do you?” Most people aren’t aware of the fact that this is a question not a statement. Most people believe that they do not have a choice and allow that Officer to go ahead and search. If you do, any illegal substances or items found in that search can be used against you in a criminal charge. It will also be made admissible in Court because you consented to the search. You have the option to say no! If Law Enforcement asks to search your property without probable cause or a search warrant, you as a citizen under the protection of the 4th Amendment have the ability to say no. If the Officer conducts a search without your consent and finds anything illegal, then at your hearing, your Attorney can file a motion to suppress and their find will be made inadmissible in Court. Another scenario is when Police come to your home and says, “Sir, do you mind if we come in and talk with you?” Again, this is a question. You have the right to say no. If you consent and allow them into your home, if they observe any illegal substances, items, or activities, it allows them to conduct a search, which may lead to an arrest. If you have any additional questions, please contact our offices for a Free Consultation..
Tags: clearwater-criminal-defense:Clearwater Criminal Defense,criminal:criminal,police-search-warrants:Police Search Warrants,police-searches:Police Searches,tampa-criminal-defense:Tampa Criminal Defense
Posted in criminal-defense:Criminal Defense
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