Uncategorized Archives - BJE Law, P.A. Uncategorized Archives - BJE Law, P.A.

How To Prove Lost Wages In An Auto Accident Case

If you have been injured in an auto accident, it is very likely that you had to miss work. Missing work means less money in your pocket. However, it is likely that your employer will want to avoid paying you for that lost time while you’re away from the office. If this happens, you could be losing money at no fault of your own. This means you may need to acquire legal representation to calculate your lost wages. 

Before you can calculate your lost wages, you are going to need some paperwork. You’ll need a note from your doctor detailing the amount of time needed off from work to recover. A disability slip will also work. You will also need your previous paychecks to show your wages. Some people may also need their tax returns, however this depends on the status of your employment. The more documentation you have of your wages and injury, the easier it is to prove that you are owed the lost wages. 

Once you’ve gathered all of the necessary paperwork, you can actually begin calculating your lost wages. The method for calculating your wages will depend on whether you are paid hourly or yearly. If you are paid hourly, simply multiply your hourly wage by the amount of hours missed due to injury. For example, if you make $10 an hour and miss five eight-hour days, multiply 5 x 8 which equals 40, then multiply the hours missed by your hourly wage which will equal $400. If you are paid yearly, you need to divide your salary by 2080. This is because there are 2080 work hours in a year. Then multiply your 8 work hours by the number of days missed. So ($40,000/2080) x (8hrs x 3 days) = $461.54 in lost wages. 

Fighting for compensation after a work-related injury is exhaustive. That is why workers all over Tampa call BJE Law, P.A. to help them in their time of need. With years of legal experience, we will fight day in and day out on your behalf. Call us today if you or a loved one have been involved in an auto accident, and let us fight to recover your lost wages. 

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Drowsy Drivers: A Leading Cause of Auto Accidents

Driving is something many people take for granted. We tend to ignore just how dangerous the act of driving is. Cars can be unpredictable, and so can the drivers on the road with you. This can lead to disaster in a mere instant. Driving requires great focus and even a moment without focus can lead to injury or death. One of the leading causes of auto accidents is drowsy driving.

Being awake for extended periods of time can have the same effect on the body and mind as being intoxicated. Being awake for twenty hours can have the same effect as a blood alcohol level of 0.08%. People who have been awake for this kind of extended period have lowered reaction times, and are more likely to make poor decisions while driving, increasing their odds of being involved in an accident. 

Every year, around 100,000-300,000 drowsy driving cases are reported to the police every year. Drowsy driving costs society $109 billion every year before factoring in property damage. These numbers are especially alarming when you consider that they could be prevented by getting more sleep. 

Drowsy driving does have symptoms that the drowsy driver and/or their passengers should be aware of. Things like drifting in and out of lanes, head bobbing, missing road signs, or difficulty keeping their eyes open. These are easy signs to recognize and should be taken very seriously. These symptoms can be used by police in police reports and by a lawyer to help determine fault. If the police report does not indicate fault, it becomes the attorney’s job. 

Drowsy driving should be taken very seriously. If you feel too tired to drive, pull over. Coffee or another caffeinated beverage will also help you stay awake. However, it is very unwise to drive if you haven’t gotten adequate rest. Before you embark on our next overnight road trip, be sure to stop or share the driving demands when necessary.It could save your life.  

If you or someone you love has been injured by a drowsy driver, call BJE Law, P.A. today and get the attention you deserve.

What You Need To Know About Florida Marijuana Laws

Florida has historically been in-line as a no-tolerance state against marijuana use. However, over the past several years Florida has taken steps in a more marijuana-friendly direction. For example, the state has adopted several laws to allow the medical use of the drug, and some are even pushing for recreational legalization in the upcoming years. 

BJE Law, P.A. wants you to know the facts about marijuana laws in Florida. With recreational drug use on the rise, it is important to know your rights. 

Florida is known for having some of the strictest marijuana laws in the country. That being said, user amounts of marijuana don’t carry a heavy toll. In Florida, having less than 20 grams of marijuana on your person is considered a misdemeanor, punishable by a year in jail, or a $1,000 fine. This can sometimes be reduced with proper legal representation. 

Judges rarely want to clog up the system with casual users. There aren’t even mandatory minimums for marijuana crimes until you have 25 pounds or more on you. When it comes to marijuana plants, Florida is even more lenient. With no mandatory minimums for fewer than 300 plants, proper legal representation can do a lot for you. 

More concentrated forms of marijuana carry a harsher penalty than the plant itself. If you are caught with concentrate of any kind, you could be stuck with a $5,000 fine or five years in jail. These crimes do not carry the mandatory minimums that large amounts of the plant do, so the quality representation at BJE Law, P.A. will go a long way to reduce your sentence. 

If you are a user of marijuana, you may advocate for the recreational legalization of the drug. However, it is still illegal under Florida state law and can get you into severe legal trouble if you are caught. However, we at BJE Law, P.A. believe that you deserve a fighting chance. If you are caught with marijuana on you, call BJE Law, P.A. as soon as you can.

Going Back To Work During Florida’s COVID Outbreak

The coronavirus has taken America, as well as most of the world, by surprise. With so much information circulating, it can be very hard to know the best course of action. With the rise of inaccurate news reporting online and internet memes that can be misconstrued as the truth, it can be hard to find reliable information. Here at BJE Law, P.A., we care about our community and want you to have the knowledge you need to succeed. 

A big question for many employees is whether or not they can legally refuse to return to work. This is certainly not the case. According to Florida law, you can be legally fired for refusing to work unless your doctor says otherwise. If your doctor clears you to return to work but you refuse, you can legally be fired. 

There has been a lot of different information circulating about what businesses do and don’t have to do in response to COVID-19. Something worth noting is that while businesses have been told to follow CDC guidelines for stopping the spread, this is just a suggestion. Unless you are a healthcare worker, there is no law saying your employer has to follow the CDC guidelines. However, there are options for you if you feel that your employer is not taking proper steps to keep you and your coworkers safe. You can communicate this to your employer, especially if the problem is caused by other employees. If this doesn’t work, you may need to speak with upper management, or even the owner. If none of these steps fix the issue, you can file a complaint: osha.gov/workers/file_complaint.html  

If you contract the coronavirus on the job or during work related activities, under Florida law, you are eligible for workers compensation. However, if you contract the virus outside of work related activities, you are not eligible. This means you should take proper precaution to keep yourself safe outside of work. Things like wearing a mask and washing your hands regularly can go a long way to stop the spread of the coronavirus.

For more information on your legal rights as an employee or employer, contact our offices today:

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Common Causes of Motorcycle Accidents (And How To Avoid Them)

Motorcycles are one of the most popular forms of transportation in the United States as well as in Florida. One of the many things that sets the motorcycle apart from the standard automobile is the exposure to outside elements. Motorcycles lack seatbelts, airbags, and most other safety features offered by an automobile. This means motorcyclists are at a greater risk for injury and death than people that drive automobiles. 

A leading cause of death or injury for motorcyclists is unsafe lane changes. Lane changes are one of the more dangerous maneuvers that car drivers make, but the risk increases for motorcyclists. Practice safe lane changes by always checking fist, signalling, and not changing lanes abruptly. Another leading cause of death and injury for motorcyclists are car doors. Many car drivers open their doors into the road or path of a motorcyclist. This can easily lead to a collision, or cause the cyclist to change direction abruptly. As a car driver or rider, you can prevent these kinds of accidents by checking before you open your car door. 

Speeding is a leading cause of accidents for everyone on the road. Exceeding the speed limit by a large margin gives everyone less time to react to other people, thus increasing the odds of an accident happening. Driving reasonably within the speed limit is a great way for all drivers to reduce the number of accidents, however, this is especially true for motorcycles. Driving under the influence of drugs or alcohol is another way all drivers can find themselves in an accident or worse. Obeying the law and driving sober will drastically reduce your odds of being in an accident. 

Lane splitting is another way for motorcyclists to get into trouble on the road. This maneuver is very unusual in the United States and can easily lead to injury or death. Avoid lane splitting and make the road safer for all. 

If you or a loved one are involved in an accident, call BJE Law, P.A. today.

Will My Insurance Rates Change After A Car Accident

Car accidents happen every day, and can be quite a terrifying experience for those involved. A car accident can cause lifelong damage to your body and can completely total your car. Anyone dealing with such things probably doesn’t want more financial troubles, but a car accident can also drastically change your insurance premiums too. An insurer will see any accident on your record, and they will most definitely see this as a reason to raise your premiums. 

When you are involved in an accident, your insurer uses this information to determine how risky a driver you are. A driver with several accidents is probably riskier than a driver with none, and they pass this risk on to you. While it can be a headache, this increase in premiums is not permanent, and will likely go away after a few years. The best way to reduce your insurance prices is to drive safely. Nothing will impact your raised premiums like another accident. Multiple accidents may also impact your ability to ever get your premiums down, or reduce your eligibility for savings options with your insurer.

If you have been in an accident and are experiencing higher premiums, there are steps you can take to get rid of those extra charges. Your credit score plays a role in your insurance premiums, so working on your credit score is a great way to lower your premiums. Make sure to pay off any debt and address any issues you see in your credit report, and this will have a positive effect on your insurance. 

You can also check with your insurance company for discounts. Many insurance companies offer a number of discounts like safe driver discounts, good student discounts, and others. These discounts can go a long way to reduce your insurance premiums. You may also want to see if you can lower your coverage. Getting rid of coverage you don’t really need can really soften the financial blow of an accident. Changing insurance companies may be your best bet if none of this works for you.

If you are in a car accident, you should call BJE Law, P.A. as soon as possible. We can help you navigate the legal system and will fight for your rights in court. With years of experience and a team of friendly and professional attorneys, we know that we have what you need. Call us today for more information regarding car accidents.

What To Tell The Police When You’re Involved In An Accident

Anyone that drives an automobile will likely interact with police at some point. Dealing with police for many can be very fear-inducing, but if you have been in an accident and not under the influence of drugs or alcohol, it is very unlikely for the police to attempt to arrest you. 

After an accident, the police are there primarily to help you and create a police report; they likely just want the information they need for the case. This means you should be honest with them and give them all the details. You should call BJE Law, P.A. after an accident as well. Our team of attorneys will fight for your rights, and guide you through the legal process.

The first thing the police will ask you for is your license and registration. Once they have this information, they will begin questioning. The questions they ask are designed to make sure you are being truthful, so honesty is very important. One of the questions they will ask is have you been drinking or using drugs. If you have been, be honest and tell the police. They will find out one way or another and lying makes it harder for everyone. 

They will also ask you for information regarding the surroundings at the time of the incident. These questions could be things like “Was it raining?” They will ask about any outside force that may have contributed to the accident. If external conditions outside the control of either driver caused or influenced the accident, this could play heavily into your favor, especially if you are at fault. 

The police will also ask about details that will help establish fault. For instance, if you rear-end someone, they may ask how many car lengths were between the two cars involved. These questions may be hard to answer and if you are unsure, you should simply say that you don’t know. Any estimations may end up being incriminating, so know that you don’t have to give an answer unless you are confident.

If you are involved in an accident, don’t face the legal system alone. Call BJE Law, P.A. today if you or a loved one have been in an accident, and we can help you get compensated for your damages. Our team of legal professionals will fight tooth and nail on your behalf. Call us today for more information.

What To Do When You Get Pulled Over

The police are widely considered a necessary part of American society, and while they are supposed to be there to protect you, many still get nervous when interacting with police. In America today, there is a lot of confusion surrounding how people should interact with law enforcement. Here at BJE Law, P.A., we care about our community and want you to have the knowledge you need to navigate the legal system. 

A big factor that anyone that has been pulled over needs to remember is that most police officers are just as nervous to be around you. Police know how the public sees them, and they know that they are disliked or distrusted by many. The biggest thing you can do when interacting with police is to act in a way that shows them you are not a threat. Even if you have broken the law, letting police know through your body language that you aren’t a threat will help you both be at ease. 

Remember to follow all traffic laws when pulling over, and to pull over as safely and carefully as you can. Make sure you use your turn signal. Any laws you break in the action of pulling over could stick you with additional tickets. Pulling over safely and calmly is a great first step to show the police you intend to cooperate.

The officer will usually be running your plate and making sure your car isn’t stolen before they approach you. Use this time to get your license and registration ready. Police officers almost always ask for these things, so having them ready will send yet another signal of compliance. Also make sure to turn down your music, and put out any cigarettes. All these steps can go a long way to help put you and the police officer at ease. 

Also make sure to be respectful and polite. Saying things like “Yes sir,” “Yes ma’am,” or “Yes office,”r can let the officer know you aren’t a threat. The more cooperative you are, the more cooperative the police will be. Remember this the next time you’re pulled over.   

If you follow these steps, you should have a relatively stress-free interaction with the police. However, if you are involved with the police and need representation, be sure to call BJE Law, P.A. as soon as possible. Our team of attorneys will go the extra mile to ensure that your rights are respected.

What TV and Movies Get Wrong About Being A Lawyer

Hollywood is notorious for misrepresenting life events for the silver screen. This can often make better television or a better movie, but so many people base their understanding of the world on the things they see on TV. Lawyers are one of the many groups often misrepresented in television. Here at BJE Law, P.A., we care about our clients, and we don’t want there to be any confusion about the legal process when we begin working on your case. Below are just a few of the common misconceptions people have about our jobs, versus what working as a personal injury and criminal defense attorney is actually like. 

Many television lawyers can be seen helping criminals get away with their crimes. While this may happen on occasion, it is not a common practice, nor is it an ethical one for lawyers. BJE Law, P.A. will not help criminals get away with their crimes. If a suspect’s rights have been violated, we will fight for them, and we provide comprehensive representation to give citizens a fighting change. However, we do not break the law and we do not represent our clients dishonestly. 

Lawyers are also depicted in the media as being greedy people who are very selfish. The truth is, lawyers are just people doing their job. They want to go to work and make a living like everyone else. There are greedy individuals in every walk of life, but lawyers across the board are not greedy people. Our team at BJE Law, P.A. cares deeply about our community. We want to help ensure everyone has a fair chance when dealing with the legal process.

Lawyers are also depicted as being able to show up wherever they’re needed, whenever they’re needed. This simply is not the case. Lawyers often work longer hours than most for their clients, but even the most competitive law firms value a balance of work and involvement with family and community.. You will not always be able to have an in person meeting with your lawyer right when you need to, but you can always call BJE Law, P.A. This means if you are involved in an accident or any other situation where a lawyer may be needed, it is important to take as many notes as possible. Write down numbers, take pictures, and get statements from witnesses. Do everything you can to give your lawyer a better chance of helping you win your case. 

If you or someone you love need legal representation, contact BJE Law, P.A. as soon as you can. With years of experience and a friendly, professional team of attorneys, we can help you navigate the legal system successfully.

What TV And Movies Get Wrong About Drug Charges

Drugs have always been an attractive topic in American media. Many mainstream movies and TV shows have depicted drug use and abuse to varying degrees of accuracy. As with most topics, movies and TV are not always the most realistic representation of real life. Due to these discrepancies, there are many common misconceptions about what happens when one is charged with a drug-related offense. Here at BJE Law, P.A., we care about the well being of the people, and we want you to have the knowledge you need to avoid unnecessary legal trouble. 

Many TV shows and movies depict police planting evidence on suspects and then making an arrest. This can make for very entertaining and dramatic television, but rarely happens in real life. While there have always been allegations and some real cases, the overwhelming likelihood is that if you are arrested for drugs, there was enough evidence to warrant an arrest. In most states, they just need to prove that you had an illegal substance in your possession or intent to sell an illegal substance.

Many drug-related movies and TV series’ can also depict police brutally interrogating suspects, and occasionally using torture. This doesn’t usually happen in real life. Suspected criminals do in fact have legal rights, and the police know this. They also know that if they respect your rights, they are much more likely to get a conviction than if the suspect’s rights are violated. The police are more aware of your rights than you are, but the legal team at BJE Law, P.A. knows your rights even better than the police. We look for any violation of your rights as leverage in your case because you deserve the utmost respect from the law.

What you need to do if you are arrested is to follow any instructions you are given and cooperate to the best of your ability. However, cooperating does not mean you are required to incriminate yourself. You do not have to answer any questions relating to your drug charge, and can instead wait to have an attorney present to guide you through the process. 

Call BJE Law P.A. as soon as possible to receive legal representation. We will fight for your rights as a Tampa citizen and ensure you receive fair, just legal action for any drug charge against you.