Law Offices of Matthew Konecky, PA - October/November 2024

Higher Hurdles for Personal Injury Victims TILTING THE SCALES

Download These Books Today ! YOUR LEGAL RESOURCE A 2023 Florida law mandated major changes in the judicial playing field for determining a fair answer to that question. The law enacts a legal principle called “modified comparative negligence,” which holds that any victim who has a 51% or greater share of responsibility for an accident is not entitled to any costs or damages. Victims may be compensated only when their share of responsibility is equal to or less than the defendant’s level of negligence. Imagine that a pedestrian is crossing the street against a red “Don’t Walk” signal at an intersection and is struck and badly injured by an automobile. Accident investigators later discover that the car’s driver was texting on their smartphone while approaching the intersection, suggesting they could have avoided the accident if they had been watching the road. The police report shows that both parties in the accident bear responsibility. What share of culpability should the injured pedestrian bear for this accident? And how much of the victim’s medical bills and other costs should the driver’s insurance company be required to pay?

If the injured pedestrian in this hypothetical incident were found to be 60% to blame for the incident, they would not be entitled to any compensation for medical bills, pain, suffering, and lost wages. If the pedestrian were 40% to blame, they would be entitled to a portion of the total damages suffered. With the 2023 law, Florida joins the more than 30 states with modified comparative negligence laws. A dozen other states have pure comparative negligence laws, assigning liability for compensation solely based on the parties’ share of culpability. Backers of modified comparative negligence claim it discourages “frivolous lawsuits,” but in effect, it shifts a burden that should fall on insurance companies onto victims’ shoulders instead. If you are injured in an accident for which you bear part of the responsibility, an experienced Florida personal injury lawyer can help you understand your rights under the law. Don’t hesitate to call us for advice in assessing your case and any personal injuries and damages you face. We will be glad to help.

Vegan Singapore Noodles Cooking With Ashley

Inspired by MinimalistBaker.com

Ingredients

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Sauce •

Noodles •

2 garlic cloves, minced 2 tbsp tamari

6 oz thin rice noodles

• • • • • •

2 tbsp toasted sesame oil, divided 1/2 white onion, thinly sliced 3/4 red bell pepper, thinly sliced

• •

2 tbsp maple syrup

12 whole snow peas

2 tbsp lime juice

1 tbsp tamari

2 tsp curry powder

Directions

1. Make the sauce by whisking together all ingredients in a small mixing bowl, then set aside. 2. Place rice noodles in a large bowl and cover with boiling water. 3. Let it sit for 5–10 minutes, stirring occasionally to prevent sticking, then drain and set aside. 4. Heat a skillet over medium-high heat and add 1 tbsp sesame oil, onion, and bell pepper. Sauté for 2–3 minutes, stirring frequently. 5. Add snow peas, tamari, and curry powder to the skillet, sauté for 2–3 minutes, then remove from skillet and set aside. 6. Add remaining sesame oil, cooked rice noodles, and sauce to the skillet, and sauté for 1 minute, tossing frequently with tongs. 7. Add vegetables back into the skillet. Cook for 1–2 minutes, then remove from heat.

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