Personal Injury Attorney

Can You File a Personal Injury Lawsuit Against an Internet Based Business?

Martin J. Stallone

The arrival of COVID-19 in the first business quarter of 2020 in the U.S. changed the retail sector in a way that may last fr years to come. The onset of the pandemic saw the online retail sector grow far beyond the modest 14 percent growth expected throughout 2020. Instead, EMarketer explains the lockdowns that took place across the U.S. pushed the online retail sector above 26 percent growth from quarter one into the second quarter of the year. When you are injured due to faulty machinery or the fault of an online business, you are allowed to sue the business using a local personal injury attorney.

Difficult Aspects of the Retail Sector

When you are looking for the best ways of handling a personal injury claim against an online retailer, you can often find problems regarding the location where a case can be brought. One of the few ways you can sue an online retailer is when you are injured due to faulty equipment that has been purchased from a retailer in the U.S. One of the most difficult aspects of filing your claim to sue an online business is to make sure you can bring the retailer to court in your part of the world.

Business Across Borders

One of the biggest issues you will face when bringing your case against an online retailer is the issue of where a case will go to court. If you are simply using a retailer for not supplying goods or failing to provide the correct products, you may find problems in completing your court case. In most jurisdictions of the U.S., it has been ruled to be unfair that an online retailer should have to face long journeys to different parts of the U.S. to face their accusers. A case that would usually be tried in the small claims court may not go to court at all if the accused is located in a different part of the U.S. and unable to travel to defend themselves.

Difficulties with Personal Injury Claims

Nolo reports that one of the few areas of the online retail sector that has become clear is that of personal injury claims. If a company knowingly supplies faulty equipment that does not reach the required standards they do not have the recourse to claim they cannot appear in the court of another state. Instead, all claims have to be answered when a personal injury has taken place and the two sides cannot agree on compensation.

When a person is injured due to the faulty equipment that has been sold over the internet the individual has little recourse when fighting their corner but to work with a personal injury attorney. By working with a personal injury attorney, you will have a better chance of moving on with your case in the correct way regardless of where you live. By moving forward with a case and fighting it in court you will have the best chance of achieving the outcome you desire.

Bringing a Case in a different State

The main issue you will face when you file a personal injury claim in the small claims court of your state is knowing when you will get to face your opponent in court. When a defendant is facing a court case in the small claims court they will often use the excuse of not being able to travel to the state to fight their case. This has proven an effective defense in many cases, particularly those where the wrong goods have been delivered or no goods have been supplied following a financial transaction.

Use the Federal Trade Commission

One of the best ways of making sure a case against an online retailer makes its way to court is to publicize it through a complaint made through the Federal Trade Commission. This group is one of the most influential in the retail sector and helps fight cases made against traditional brick and mortar businesses and those operating online. The decision to take a case of online problems causing personal injury should always be completed with the aid of a qualified attorney.

As the personal injury sector continues to grow and the online retail sector follows suit there are bound to be times when the two will cross paths. Fighting for your rights is not something you should be willing to ignore no matter where your personal injury issues stem from.

How Severe Does An Injury Need To Be Before It Gets Reported?

Martin J. Stallone

If you are injured on the job in Florida, it is imperative that you report the injury to your supervisor as soon as possible, regardless of severity. Even though an injury may seem very minor, a report still needs to be made, in case the injury becomes worse later and medical treatment or time off of work are required. Major injuries also need to be reported promptly, as do illnesses caused by working conditions.

Florida law requires the employee provide notice of the injury to the employer within 30 days of its occurrence. For example, if a worker fell and sprained his or her ankle, the worker needs to report it as soon as possible. If the worker waits more than 30 days, the claim is automatically denied. Unless the worker can plead a special circumstance, a workers’ compensation court will uphold the denial.

An exception to the 30-day rule occurs when symptoms of the injury or illness onset slowly. In the sprained ankle example, it’s reasonable to assume that the employee knows the moment he twisted his ankle. Though he may not know exactly how bad it is for a few hours or until the next day, a sprained ankle swells up quickly, so it’s unlikely he or she could get an exception to the 30-day rule.

A worker who slowly develops a back problem, carpel tunnel syndrome, or a disease will obviously have no way of pinpointing an exact time or day the injury occurred. In that case, the day the employee becomes aware of the injury or aware that it was caused by work substitutes for the day of the accident. The employee has 30 days from his or her awareness to report it to the employer.

Many claim denials hinge on whether proper notice was given. Insurance companies often try to deny claims on this basis as a first line of defense. Though they may deny the claim based on the 30-day rule, they may misapply this rule, especially in cases where the injury came on over time. Also, exceptions may apply to individual cases. Never accept an employer’s denial without speaking to a lawyer. Contact Winters & Yonkers to consult a top personal injury attorney Tampa.

Workers’ Compensation Benefits

Workers’ compensation insurance provides for all medical treatment related to the injury or illness. When an injury occurs, the worker will be sent either to the emergency room or to see a doctor that works with the company. In either case, the company’s doctors will ultimately have great influence in how the claim is treated and even if it is approved. Any employee who feels they are not receiving the best medical treatment should consult with a workers’ compensation lawyer.

Injured workers also receive compensation for lost wages. Injuries often mean days, weeks, and even months off of work. Some cases result in permanent disability. Most employees are financially unable to handle long-term losses in income, so workers compensation provides replacement income.

Cases of severe injury can also result in pain and suffering awards. Many times, injuries of illnesses cause significant pain, as well as inability to engage in normal life activities. These losses are compensable.

Regardless of the reason or who is at fault for an accident, employees are entitled to worker’ compensation benefits. When insurance companies deny good claims to save money, good, hard-working people suffer. If you have had a workers’ compensation claim denied, assert your rights by calling a Winters & Yonker, personal injury attorney Tampa.