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In residential construction, stucco issues such as water intrusion and unsightly cracks can not only diminish the aesthetic appeal of a home but also affect its structural integrity and value. When faced with such distressing issues, homeowners may wonder about their legal options and the type of legal representation they need. If you're asking, "what kind of lawyer do I need to sue a contractor for stucco defects?' At Wilson Reeder & Zudar, stucco litigation is not just a practice area—it's a field where we have set precedents and pioneered homeowner rights.

What Kind of Lawyer Do I Need To Sue a Contractor For Stucco Defects?

What Kind of Lawyer Do I Need To Sue For Stucco Defects?

To sue a contractor for stucco defects, you need a construction law attorney with experience in stucco litigation. A stucco defect lawyer will be adept at handling cases involving improper installation, material issues, and related damages, ensuring your rights are protected, and pursuing compensation for any losses.

How Can a Stucco Defect Lawyer Help Me?

As a law firm specializing in stucco defect litigation, we are uniquely positioned to assist homeowners and property owners facing issues with stucco on their buildings. Our expertise covers the full spectrum of challenges related to stucco defects, including water intrusion, cracking, and improper installation. Here's how we can help you:

  1. Expert Evaluation: We begin by thoroughly evaluating your property to assess the extent of the stucco damage. This step is crucial for understanding the scope of the problem and its potential causes.
  2. Understanding Your Rights: We provide transparent, comprehensible advice on your legal rights and available options. Our goal is to empower you with knowledge so you can make informed decisions about your case.
  3. Strategic Legal Action: Based on the specifics of your situation, we'll develop a tailored legal strategy to secure the best possible outcome. We're committed to advocating for your interests through negotiation or litigation.
  4. Claim Preparation and Filing: We handle all aspects of the claim process, from preparing the necessary documentation to filing the claim against the responsible parties, including contractors, developers, or material suppliers.
  5. Negotiation and Settlement: With our extensive experience, we are adept at negotiating with defendants and their insurers to reach settlements that adequately compensate you for your losses and damages.
  6. Court Representation: If a fair settlement cannot be achieved through negotiation, we are prepared to represent you in court. Our legal team will present a compelling case on your behalf, utilizing evidence of negligence or contract breaches to support your claim.
  7. Ongoing Support: Throughout the process, we provide you with ongoing support and keep you informed about the progress of your case. We understand the stress and frustration that stucco defects can cause, and we're here to ease that burden.

At our firm, we believe that no homeowner should bear the cost of stucco defects caused by someone else's negligence or substandard work. Our dedicated team of stucco defect lawyers is here to guide you through every step of the legal process, ensuring that you receive the compensation and justice you deserve. Contact us today to learn how we can assist you with your stucco defect issues.

Frequent Grounds for Legal Action Against Stucco Contractors in Florida

In Florida, where stucco is a prevalent choice for building exteriors due to its aesthetic appeal and durability in a humid climate, issues with stucco installation can lead to significant problems for homeowners. Here are common reasons to sue a stucco contractor in Florida:

  1. Improper Installation: This is one of the primary reasons for stucco-related lawsuits. If stucco is not applied correctly, it can lead to various issues, including water intrusion, which is particularly problematic in Florida's rainy climate.
  2. Use of Substandard Materials: Using low-quality stucco mix or improper materials for the specific climate and conditions in Florida can compromise the integrity of the stucco, leading to premature deterioration.
  3. Water Intrusion and Damage: Inadequate sealing or incorrect application can allow water to penetrate the stucco, causing damage to the underlying structures. This can result in mold growth, wood rot, and other serious problems.
  4. Cracking: Stucco can crack due to poor application techniques, insufficient curing time, or failure to account for expansion and contraction. Significant cracking affects the appearance and can signal deeper structural issues.
  5. Failure to Meet Building Codes: Contractors are required to adhere to local building codes and standards. Failure to comply can result in stucco that is not up to code, posing safety risks and potentially leading to costly remediation work.
  6. Breach of Contract: If a stucco contractor fails to complete the work outlined in the contract, or if the work is subpar compared to what was agreed upon, homeowners may have grounds to sue for breach of contract.
  7. Negligence: If the contractor's negligence in applying stucco or choosing materials directly causes property damage or loss, homeowners can sue for negligence.

Given the potential for severe damage and the complexity of proving fault in stucco litigation, homeowners in Florida facing issues with their stucco should consider seeking legal advice from a lawyer specializing in construction defects and stucco litigation. These professionals can help navigate the legal process, represent the homeowner's interests, and work towards securing compensation for repairs, damages, and any other related costs.

Signs It's Time to Contact a Stucco Defect Lawyer

Recognizing when to seek legal counsel for stucco defects can save you time, money, and stress. Here are signs indicating it's time to contact a stucco defect lawyer:

  1. Visible Cracking or Crumbling: If you notice significant cracks or areas where the stucco is crumbling, it's a clear sign of potential underlying issues that may require legal intervention.
  2. Water Intrusion or Moisture Damage: Signs of water penetration, such as damp patches, mold, or mildew on interior walls, especially after rain, suggest stucco failure and the need for expert legal advice.
  3. Bulging Walls: Stucco walls that appear to bulge or bow outward can indicate improper installation or structural damage, necessitating professional legal and construction assessments.
  4. Detachment or Delamination: If the stucco appears to be pulling away from the wall, it may be detaching, a serious issue that often stems from faulty installation.
  5. Staining: Unusual staining on the stucco surface can be a symptom of water retention and may indicate improper sealing or drainage issues.
  6. Failed Inspections: If your home fails a building inspection due to stucco issues, it's prudent to consult with a stucco defect lawyer to understand your legal options.
  7. Contractor Non-Compliance: Should your contractor refuse to address or acknowledge the stucco defects, a lawyer can help enforce the contract terms or seek damages.
  8. Expiry of Warranty: Discovering stucco defects as a warranty nears its end or after it has expired requires immediate legal insight to explore potential actions.
  9. Advice on Repair Claims: Before undertaking repairs, consult with a lawyer to ensure you understand how to claim the costs and navigate any potential impact on legal claims.
  10. Complex Legal and Construction Issues: Stucco defects often involve intricate legal and construction principles; a specialized lawyer can demystify these for you.

If you're experiencing any of these issues, contacting a stucco defect lawyer can be a crucial step in protecting your property and financial interests. A lawyer specializing in this field can offer guidance, represent your interests in disputes, and help secure the compensation or remediation you deserve.

What Recourse Do I Have Against a Contractor?

If you're facing issues with a contractor, you have several options for recourse. The specific actions you can take will depend on the nature of your problem, the terms of your contract, and local laws. Here are some common recourses available to you:

  1. Communication: Start by clearly communicating your concerns with the contractor. Sometimes, issues can be resolved through direct negotiation without escalating the situation.
  2. Mediation: If direct communication doesn't resolve the issue, mediation can be a next step. This involves a neutral third party who helps both sides agree. It's less formal and often less costly than going to court.
  3. Arbitration: Similar to mediation, arbitration involves a neutral third party, but in this case, the arbitrator makes a binding decision on the dispute. Many contracts include arbitration clauses requiring disputes to be resolved in this manner.
  4. Filing a Complaint: You can file a complaint with your state or local consumer protection office or licensing board. These agencies may offer dispute resolution services or investigate the contractor for professional misconduct.
  5. Hiring an Attorney: If the above steps fail, or if the issue is particularly complex or involves a significant amount of money, it may be wise to hire an attorney. A lawyer specializing in construction or contract law can provide advice on your situation and represent you in legal proceedings.
  6. Small Claims Court: For disputes involving smaller amounts of money (the limit varies by state), small claims court offers a way to seek compensation without needing an attorney. This process is generally quicker and less formal than higher courts.
  7. Lien on Property: In some cases, if a contractor has not been paid, they may place a lien on your property. Conversely, those parties may place liens on your property if the contractor fails to pay subcontractors or material suppliers. Clearing these liens often requires legal assistance.
  8. Reporting to Better Business Bureau (BBB): While the BBB does not have legal authority, filing a complaint with them can sometimes encourage a contractor to resolve the dispute. It also warns other consumers about the contractor's business practices.
  9. Legal Action: Depending on your situation, this could involve suing for breach of contract, negligence, or other causes of action. Legal action can be time-consuming and expensive, so it's often considered after other avenues have been exhausted.
  10. Review Contracts and Documentation: Always review your contract for specific clauses regarding dispute resolution and document all communications, payments, and issues. This documentation can be crucial in any form of dispute resolution.

It's important to act promptly and understand your rights and obligations under the contract and local laws. Seeking legal advice early in the process can help you navigate these options more effectively.

Ready to Resolve Your Contractor Dispute? Let Us Help.

Facing issues with a contractor can be daunting and stressful, but you don't have to navigate it alone. Whether it's poor workmanship, project delays, or contract disagreements, our experienced legal team is here to guide you through every step of the dispute-resolution process. From mediation to litigation, we're committed to protecting your rights and ensuring you receive the justice and compensation you deserve.

Don't let contractor disputes disrupt your life any longer. Contact us today for a consultation, and let's take the first step toward resolving your issue and restoring your peace of mind. With our expertise and dedication, we'll work tirelessly to achieve a favorable outcome for you.


FAQs

What Should I Do Before Filing a Lawsuit Against a Contractor?

Before taking legal action, document all communications, contracts, payments, and issues. Attempt to resolve the dispute through direct communication or mediation. Consulting with a lawyer can also provide insights into whether your case is strong and worth pursuing.

How Long Do I Have to Sue a Contractor?

The timeframe to file a lawsuit, known as the statute of limitations, varies by jurisdiction and the nature of the claim. It's crucial to consult with an attorney to ensure you file within the appropriate timeline to preserve your legal rights.

Can I Recover Attorney's Fees in a Lawsuit Against a Contractor?

In some cases, you may be able to recover attorney's fees if your contract includes a provision for this or if state law allows for the recovery of such fees in construction disputes. An attorney can advise you on the applicability of these provisions to your case.

What Is the Difference Between Suing for Breach of Contract and Negligence?

Breach of contract involves failing to fulfill terms agreed upon in a contract, while negligence refers to harm caused by the contractor's failure to perform their duties with reasonable care. The distinction affects the type of evidence required and the damages recoverable.

How Can I Avoid Disputes With Contractors in the Future?

To minimize future disputes, thoroughly vet contractors, ensure all agreements are in writing, clearly outline the scope of work, payment schedules, and dispute resolution procedures in contracts, and maintain open communication throughout the project.

What Happens if a Contractor Files Bankruptcy During Our Dispute?

If a contractor files for bankruptcy during a dispute, it may halt your lawsuit and complicate the recovery of any awarded damages. Navigating this scenario typically requires legal guidance to explore your options.

Can I Sue a Contractor for Delays?

Yes, if the delay violates the terms of your contract, especially if it includes specific deadlines and provisions regarding delays. Demonstrating financial losses due to the delay can strengthen your case.

Can You Sue A Contractor Without A Contract?

Yes, it's possible to sue a contractor even if you don't have a formal contract. In such cases, you can rely on the principles of verbal agreements (which are legally binding in many jurisdictions, though harder to prove) and quantum meruit claims, where you pay for the value of the services rendered. However, having a written contract makes legal proceedings clearer and more straightforward.

How Do I Sue For Breach Of Contract?

To sue for breach of contract, you typically need to prove that a contract existed, the contract was broken, you suffered a loss because of this breach, and the other party was responsible. The process involves filing a complaint in the appropriate court, serving the complaint to the contractor, and then navigating through the litigation process, potentially with the guidance of an attorney.

Do I Need An Attorney For Suing A Contractor?

While it's not mandatory to have an attorney to sue a contractor, it's highly recommended, especially for significant disputes. An attorney with expertise in construction law can help navigate the complexities of legal proceedings, improve your chances of a favorable outcome, and ensure your rights are protected throughout the process.

What Are Some Legal Claims That Can Be Filed Against A Contractor?

Legal claims against a contractor can vary depending on the specifics of the dispute but often include:

  • Breach of Contract: For failing to complete the project as agreed or delivering substandard work.
  • Negligence: If the contractor's carelessness led to injury or property damage.
  • Fraud: For intentionally misrepresenting information or omitting crucial details about the project.
  • Violation of Building Codes: For failing to adhere to local construction regulations and standards.
  • Mechanic's Liens: Subcontractors or suppliers may file these claims if they haven't been paid, which can affect the homeowner indirectly.

If you're facing issues with a contractor, consider consulting with a legal professional who can provide tailored advice based on your situation and jurisdiction.

 

 

 

Legislative Changes and Their Impact on Construction Defect Cases

Recently, Florida Governor Ron DeSantis signed into law a critical statute that profoundly reshapes the landscape of construction defect cases. This reform notably modifies the time frame during which homeowners can bring forth claims against contractors, effectively trimming the period from the earlier duration of ten years down to just seven.

This law modification comes into effect on July 1, 2024, and it carries significant implications for homeowners across the state, especially those residing in properties aged between six to ten years. If you suspect any construction defects in your home within this age range, it is absolutely imperative to consult with an attorney at the earliest possible juncture.

What This Means for Florida Homeowners

The newly signed statute by Governor DeSantis that reduces the window for construction defect claims from ten years to seven years holds several implications for Florida homeowners.

Expedited Action

The new statute of limitations demands quicker action from homeowners. If you suspect a construction defect, you now have three fewer years to file a claim against the responsible parties, such as contractors or builders. This encourages vigilance and swift action in order to protect your rights.

Increased Urgency for Older Homes

For homes that are between six and ten years old, the urgency to inspect for potential defects and consult with an attorney is heightened. Under the new law, the ability to file a claim may soon expire.

Potential Financial Impact

If a defect is detected after the seven-year limit, the financial burden of repair may fall onto homeowners, even if the problem originated from poor workmanship or faulty materials. This could potentially result in increased out-of-pocket expenses for homeowners.

Possible Increase in Legal Consultations and Litigation

The reduced timeframe may lead to an increase in legal consultations and potentially litigation, as homeowners rush to file claims within the stipulated time limit.

Importance of Expert Legal Counsel

The shortened timeframe underscores the importance of expert legal guidance. A construction defect lawyer can help navigate these changes and ensure homeowners understand their rights under the new law.

Contact WRZ Law Today

This legislative change calls for heightened awareness among homeowners and an urgency to address potential defects promptly. Consulting with a construction defect lawyer as soon as possible is essential to understanding how this new law may affect individual circumstances, and to take necessary action within the new seven-year statute of limitations. Contact us today to get started.

Common Construction Defects for Florida Homes

As a state known for its varying weather conditions, from scorching summers to hurricane seasons, Florida homes are susceptible to a number of construction defects. These defects can result from a combination of factors such as poor design, inferior workmanship, use of substandard materials, and more. Let’s look at some common construction defects found in Florida homes:

Water Intrusion

Water damage is one of the most common and damaging defects. This can result from poor sealing, improper installation of windows and doors, roof leaks, or inadequate waterproofing of foundations and walls. Over time, water intrusion can lead to other issues such as mold, decay, and structural damage.

Foundation Defects

Soil conditions in Florida can lead to foundation issues. Problems can include cracking, sinking, or shifting of the foundation, often resulting from poor soil preparation, inadequate drainage, or the use of substandard materials.

Stucco Defects

Cracking, blistering, or peeling of stucco is common in Florida homes, often due to incorrect application or poor workmanship. These defects can lead to water intrusion, resulting in structural damage and mold.

Roofing Issues

Given Florida’s propensity for hurricanes and heavy rainfall, improperly installed or poorly maintained roofs are a significant concern. Defects can include leaks, inadequate fastening, poor flashing, or incorrect installation of roofing materials, which can lead to water damage and structural issues.

Mold and Mildew

High humidity levels combined with construction defects that allow water intrusion can lead to the growth of mold and mildew. This not only damages the property but can also pose serious health risks to inhabitants.

HVAC Problems

Inadequate or faulty HVAC systems can result in poor ventilation, imbalanced temperatures, or high energy costs. In Florida’s heat, a well-functioning HVAC system is crucial.

Electrical and Plumbing Defects

These can range from faulty wiring to leaky pipes, both of which can pose safety risks and cause substantial damage over time.

Window and Door Defects

Incorrectly installed or poorly sealed windows and doors can let in water and wind, especially during Florida’s severe weather conditions. These can lead to additional structural damage and high energy costs.

If you suspect your home has a construction defect, it’s important to consult with a construction defect lawyer to understand your rights and options. Given the recent legislative changes in Florida, it is crucial to take action promptly to protect your interests.

How a Construction Defect Lawyer at WRZ Law Can Help

A construction defect lawyer can play a pivotal role in helping homeowners deal with defects and damages arising from construction issues. Here’s how we can assist:

Expert Analysis and Case Evaluation

A construction defect lawyer can help identify and analyze the nature and extent of the defect. We will assess whether the defect is actionable and guide homeowners through the complexities of construction law.

Negotiating with Contractors

A Construction defect lawyer at WRZ Law can negotiate with contractors and their insurers on behalf of homeowners, aiming to achieve the best possible outcome without resorting to litigation. This may include getting the contractor to repair the defect, or provide compensation for the cost of repairs and other damages.

Expert Witness Coordination

If litigation becomes necessary, an experienced construction defect lawyer can help homeowners find and coordinate with expert witnesses. These experts can provide testimony regarding the existence and cause of the defect, the cost of repairs, and any resulting decrease in the property’s value.

Legal Representation

In the event a case goes to court, a construction defect lawyer will provide legal representation, ensuring homeowners’ rights are fully protected. We will prepare and present the case, aiming to secure the most favorable judgment possible.

Understanding Legal Changes

Legislation related to construction defects can change, as we’ve recently seen in Florida with the reduction of the claim period from ten years to seven. A construction defect lawyer stays up-to-date with these changes and can advise homeowners accordingly, ensuring we take timely action to protect their rights.

Assessment of Other Potential Claims

A construction defect lawyer can also evaluate whether homeowners have additional potential claims. For instance, if a real estate agent failed to disclose known defects, homeowners might have a claim against the agent as well.
A construction defect lawyer in Florida provides homeowners with the legal expertise and guidance necessary to navigate the complex world of construction law. By advocating for homeowners’ rights, they help them receive the remedies they are entitled to, whether that’s repair, compensation, or both. Prompt action is key, so if you suspect a construction defect, it’s important to consult with a lawyer as soon as possible.

Why Hire WRZ Law?

Our firm focuses primarily on stucco issues on wood-framed single-family homes. In the northern parts of the state, we frequently find that both one-story and two-story homes are wood framed. Through the middle of the state, many of the single-story homes are cement blocks and the second floors are wood framed. If you have any doubts, please contact us and we can help you determine whether your home qualifies. We will, of course, review other possible defects and do have several cases with other issues currently pending. Regardless of your issue, please contact us and let us help you. Whatever you do, DO NOT DELAY. Contact us now for a free consultation.

FAQs

What constitutes a construction defect?

A construction defect is a deficiency in the design, materials, workmanship, or infrastructure of a building or home that leads to damage or failure of some component of the property. This could include issues such as water intrusion, foundation and structural problems, stucco defects, faulty roofing, mold and mildew growth, HVAC issues, and problems with electrical and plumbing systems.

How long do I have to file a construction defect claim in Florida?

As of July 1, 2024, the law in Florida allows homeowners to file a claim within seven years of discovering the defect. This is a reduction from the previous timeframe of ten years.

How can a construction defect lawyer help me?

A construction defect lawyer can provide expert legal guidance, negotiate with contractors and their insurers, coordinate with expert witnesses, and represent you in court if necessary. They stay updated with changes in legislation and can advise you on the best course of action to protect your rights and interests.

What kind of damages can I recover in a construction defect claim?

Typically, you can recover the cost of repairs and any decrease in the property’s value due to the defect. In some cases, you may also be entitled to relocation expenses, court costs, attorney’s fees, and potentially even damages for emotional distress.

How much will it cost me to hire a construction defect lawyer?

Costs can vary depending on the complexity of the case and the lawyer’s fee structure. Some lawyers work on a contingency basis, meaning they charge a percentage of the recovered damages, while others may charge hourly rates or flat fees. It’s best to discuss this upfront during your initial consultation.

Can I sue the builder for construction defects even if I’m not the original owner of the property?

Yes, subsequent homeowners often have the same rights to sue for construction defects as the original purchaser. The key issue is to identify the defect and take legal action within the timeframe allowed under Florida law.

Can a construction defect case be resolved without going to court?

Yes, many construction defect cases are settled through negotiation or mediation without the need for a court trial. However, if a satisfactory resolution cannot be achieved, your construction defect lawyer will be prepared to represent you in court.

Happy Veterans Day 2022

This November 11, 2022, will mark the 100th anniversary of the Armistice that signaled the end of the Great War. Established in 1926 to honor those who served in World War I, Veterans Day has had unofficial observances for more than a century. And this year, on the official observance, we want to give profound thanks to our Veterans.

Veterans Day is always observed on November 11th yearly since it was created by Congress in 1938 as a day to honor and thank all American veterans for their service during the war. The United States Department of Veterans Affairs also uses the occasion to raise awareness about veterans’ issues and provide services to veterans and their families.

When Did Veterans Day Originate?

The veterans holiday originated when President Woodrow Wilson proclaimed the first commemoration in 1919. Since 1926, November 11 has been an official holiday dedicated to the recognition of military service members. Veterans Day is also meant to honor the sacrifices and achievements of those who have served in the military or other armed services.

What Defines a Veteran?

The United States Department of Veterans Affairs defines “veterans” as people who were at one time members of any branch of America’s armed forces that participated in combat during wartime and included those who were awarded medals for their service. The day is known by other names, including:

  • Armistice Day
  • Veterans’ Day
  • And Remembrance Day

Veterans Day is a final tribute to all men and women who have served in America’s armed forces from the Revolutionary War to the present day. Veterans are reminded of the sense of duty that preceded their service and are honored for their service after the conflict. Veterans Day, as a national holiday, is meant to keep all of America’s service members, regardless of their service period or whether they were deployed.

Helping Veterans

Veterans Day 2022 will be held on November 11, 2022, with commemorations by many of the 50 United States states and government officials. Many authorities, lawyers, and volunteers will use the holiday to raise awareness about veterans’ issues, including:

  • the ongoing Camp Lejeune Water Contamination Lawsuit
  • Veteran Suicide Awareness (if you are struggling, please contact the Veteran Crises Hotline for immediate help. You’re not alone)
  • and many other issues.

November 11, Veterans Day 2022, has historical meaning in the United States. It will reflect upon past conflicts and honor those who participated in them. November 11, 2022, is also a day to remember those who have served in the armed forces in any conflict since the Revolutionary War. Veterans Day will be observed in most states of the United States.

We hope that on Veterans Day 2022, Americans will take a moment to think about America’s Veterans. Whether serving older veterans by doing their yard work, simply saying thank you, or volunteering, we want to encourage everyone to get involved. Our Veterans fought for our freedoms and the foundation of this country; let’s support them when it matters most.

Can A Lawyer Negotiate Medical Bills After A Settlement?

If you are involved in an accident and sustain injuries, it can be challenging to know what to do next. While it might seem logical to negotiate directly with those who have wronged you and seek compensation for your injury, this is not always the case. Depending on the circumstances of your claim, it may be beneficial to hire a lawyer and have them negotiate on your behalf. If you’re interested in learning more about whether or not your lawyer can negotiate medical bills after a settlement, read on for more information.

Can My Lawyer Negotiate Medical Bills After a Settlement?

Yes, attorneys can negotiate medical bills after a settlement. They can negotiate your medical bills accrued due to your accident for payment. This can include:

  • ambulance fees
  • medical bills from the emergency room
  • and any follow-up appointments with a doctor you need after your accident.

These negotiations are based on the damages your lawyer can get you in your settlement and your personal injury lawyer’s relationships with medical providers. We work hard at Wilson, Reeder, and Zudar to build solid relationships with medical providers so you can get the most out of your settlement money. Whether you need a medical clinic that will see you before you get your settlement or you need your bills negotiated, we can help. We can negotiate your medical bills for injuries from:

  • Car Accidents
  • Truck Accidents
  • Personal Injury
  • Child Injury
  • Slips and Falls
  • Nursing Home Abuse
  • and more

When Can a Lawyer Negotiate Medical Bills After a Settlement?

We have specific medical providers that can see you without pay until you get your settlement. Additionally, once a settlement is reached, we can negotiate with the collectors and do our best to lower your monetary responsibility.

Why Should I Hire a Lawyer to Negotiate My Medical Bills?

When it comes to negotiating your medical bills, hiring a lawyer is a great idea. This is because they will know exactly how to approach this situation, and they will also be able to provide you with representation while they do so. In addition, a lawyer can approach these negotiations knowing exactly how much money you have to pay your bills and how much you will receive in your settlement. This makes it much easier for them when negotiating medical bills after payment.

Advantages of Negotiating Bills

There are several advantages to having a lawyer negotiate medical bills after settlement. The first advantage is that you will likely receive a lower overall payment than if you negotiated the bills. You will likely also be able to arrange more payments than you would if you were to negotiate the bills yourself. If you are dealing with a hospital, for example, you may be able to negotiate a smaller payment and have it paid over a more extended period. There are other advantages to hiring a lawyer to negotiate your medical bills. You won’t have to deal with the stress of negotiating the bills, and you’ll have one less thing to take care of.

Contact Us Today for Help with Medical Bills

When you are injured, and it is not your fault, it can be challenging to know what to do next. In many cases, the best course of action is to hire an injury lawyer and have them negotiate on your behalf. This is because a lawyer will know what information and documents they need and be able to speak on your behalf. Contact us today to get started.

Will My Insurance Cover My Hit and Run Accident?

The answer depends on your insurance and level of coverage. In the case of an accident where you cannot track down the other driver, you should still file a claim with your insurance provider.

In a typical car accident, the at-fault driver’s insurance would pay for damages related to the accident. However, what if there is no second-party driver to be found? For example, suppose you encounter a hit-and-run and experience injury or damage to your vehicle. In that case, you may be able to file a claim through your insurance. Remember, insurance companies will do everything they can pay you the least amount possible, so it never hurts to reach out to our car accident lawyers for help with your claim.

Collision Coverage

Your collision coverage pays for damages from a car accident, regardless of whether or not you are at fault. In most cases, there is a deductible that the at-fault party’s insurance would pay for. You will likely have to pay the deductible for hit-and-run insurance claims, ranging from $500 to $2,000.

Medical Payments Coverage

You also have options for recovering medical expenses by filing a hit-and-run insurance claim. Medical payments coverage pays for medical bills resulting from injuries sustained in a car accident. This covers bills up to a certain amount and may also cover your passengers’ expenses. Also known as MedPay, medical payment coverage is only available in some states. Typically, MedPay doesn’t require a deductible.

Uninsured Motorist Coverage

Uninsured motorist coverage can often cover medical bills or vehicle repairs expenses if a driver has hit you without insurance. This may or may not include hit-and-run accidents, so it’s crucial to study your policy carefully. In addition, uninsured motorist coverage for vehicle damages isn’t available in every state. Once again, this depends on your policy’s fine print.

No-Fault Coverage

This may also be referenced as personal injury protection. No-fault insurance covers medical bills for the driver and passengers, lost wages, and other injury-related expenses like childcare. In some states, no-fault insurance may be mandatory, or it may not be available at all.

What to Do After a Hit and Run

First, write down basic details of the other car and its driver as you remember them, such as make and model, color, and license plate, if possible. Then, gather contact details from any nearby witnesses. Once you have these details, report the event to the police and your insurance provider. If you sustain injuries from the accident, seek medical attention immediately, even if the injuries are relatively minor. As you’re waiting at the site for the responding officer, it would be an excellent time to gather evidence.

Do Hit and Run Accidents Affect My Insurance Premium?

One hit-and-run insurance claim is unlikely to affect what you pay for your coverage. However, it may be a contributing factor if you file multiple claims yearly, which can result in a price increase. In addition, if the other driver is caught and identified, you may be able to sue for compensatory damages, which can help you recover from the financial hit of a hit-and-run insurance claim.

When to Hire a Lawyer

Hit and run laws vary by state, and sustaining an injury can complicate the claims process. A personal injury attorney may help secure the compensation you deserve.

What Are Special Damages?

Many people ask about special damages, so we decided to write a blog and review it. You are entitled to damages if you have been in a personal injury accident and have incurred costs or lost money. They are legitimate losses that can be claimed in a personal injury lawsuit or insurance claim because they directly result from your injuries or accidents. These are also referred to as “economic damages.”

The victim of a significant accident may have to spend a fortune on medical care, time off work, and rehabilitation after suffering a personal injury. It is possible to seek monetary compensation under the law if the negligence of another party caused such injuries. The types of damages that might be sought in a personal injury claim are “general damages” and “special damages.”

General Damages in a Personal Injury Case

When something goes wrong, it can result in general damages. That is to say; the plaintiff can directly attribute their harm to the defendant’s actions. The accused’s ability to foresee the hurt (or the degree of the loss) typically does not prevent the plaintiff from recovering reparation for general damages.

All personal injury cases are unique; however, some examples of generic damages are:

  • Suffering and Physical Pain
  • Deformity of the body
  • Handicapping body parts
  • Experiencing mental distress

Wrongful death settlements may include compensation for losing a loved one’s company and declining the victim’s quality of life.

What Are Special Damages in a Personal Injury Lawsuit?

When someone is hurt because of the carelessness of another, monetary compensation is available in the form of special damages. In a civil lawsuit, these damages are the actual financial losses suffered by the plaintiff. However, concrete evidence of such losses or costs is required. For example, the medical expenses of an injured party from any treatment needed because of a car accident are a perfect example of damages in a personal injury claim.

Special damages can be:

  • Medical bills (past, present, and future)
  • Property loss or damage
  • Lost income (past, present, and future)

How are the Special Damages Calculated?

To understand “What are special damages,” it is crucial to know how they are calculated. These damages are typically straightforward to determine when compared to general damages because a definite monetary amount has been spent on these things, or the amount lost can be proven by preexisting paperwork.

For instance, the claimant spent $7,500 on medical care (at the ER, with their primary care physician, and with a physical therapist) following a slip and fall in a nursing home. Three days of employment were lost while the claimant recovered from their injuries. They used vacation time; however, they should be compensated for doing so. That’s $1,200 in missed revenue, or $400 a day. This means the claimant has suffered damages of $8,700 ($7,500 plus $1,200).

Consider that the claimant, upon falling, was holding a newly acquired antique light. The price tag on that lamp is $2,000. If the plaintiff also suffered special damages, the reckless owner of the property might be responsible for a total of $10,700.

Types of Special Damages

While the kinds of special damages awarded in a personal injury case will vary, some common types include:

  • Maintenance and replacement of broken items
  • Medical bills, time off work due to illness, and other financial losses (past and future)

The expense of paying someone else to do chores around the house that the injured person cannot do, as well as the cost of replacing any lost valuables

Contact Wilson Reeder & Zudar for All Your Personal Injury Claim Needs

You may be eligible for compensation when you have been injured at no fault of your own. Reach out to our personal injury lawyers today to learn more about your claim.

What is Negligence?

Negligence is a failure to exercise appropriate care in a situation that results in injury or damage to others. This definition links neglect to the concept of “duty of care,” a legal principle that requires people to take reasonable steps not to harm others through unreasonable actions, words, or omissions.

Many of the injury cases we are involved in are happening because of negligence. So what exactly is negligence? How do you know someone was negligent and that negligence caused your injuries? In our latest blog, we’re going to review precisely what negligence is and how we handle these types of cases.

The Four Phases of a Negligence Case

There are four elements of negligence, so let’s review those.

1. Duty of Care

To prove negligence, you must prove that the defendant has a standard, or duty, of care to you. A duty of care is an obligation to keep you and other patrons safe by acting in a reasonable manner. For example, a concert venue has the duty of care to its concertgoers. The concert-goers should be safe from harm while at the venue. Other examples of duty of care are:

  • A band at a concert is responsible for the safety of concertgoers
  • Doctors and nurses have a duty of care to their patients
  • Schools have a duty of care for their students

2. Breach of Duty

Upon proving the defendant had a duty of care, you now must show that they breached that duty of care. A breach of duty of care will look different in every case, but a few examples are:

  • A lack of crowd control
  • Missing essential medications while in the hospital
  • Bleachers collapsed

3. Causation

In the next step, after you prove the defendant had breached their duty of care, you need to prove that the breach caused harm, injury, or even death. Again, this will look different for every case, but a few examples are:

  • The crowd at the concert got out of hand, injuring innocent concertgoers
  • The missed medication caused a patient to get sick
  • Broken bones from the collapsed bleachers

4. Damages

Now that your lawyer has proven their case, it’s time to discuss the damages and compensation. Damages you can go after are:

  • Medical bills (past, present, future)
  • Lost wages (past, present, future)
  • Pain and suffering
  • Property loss
  • Loss of enjoyment of life

How Can a Personal Injury Or Premises Liability Lawyer Help Me?

A personal injury attorney will prove that there was negligence and it caused you great harm. These cases can come from:

  • car accidents
  • slip-and-fall incidents
  • product liability claims
  • medical malpractice
  • construction accidents
  • and other sources.

Contact Wilson Reeder and Zudar Today

If you or someone you love has been injured or made ill from the negligence of another, you may have a case. Contact our law firm today to get started.

International Day Of Older Persons

International Day of Older Persons is celebrated annually on 1 October, aiming to increase awareness of the rights, dignity, diversity, and contribution that older persons bring to society. This particular day has been designated a public holiday in many countries. This year’s events may include speeches about age-friendly policy changes and presentations highlighting recent developments in technology for older people. Countries have been encouraged to celebrate this day with various events organized by the government, NGOs, and the private sector. Some countries have taken advantage of the International Day of Older Persons by making the necessary arrangements for inclusive policies and opportunities for older persons.

How To Celebrate International Day of Older Persons

International Day of Older Persons is a unique event that encourages us all to reflect on aging issues, not just for older people but also for their families, employers, and carers. By increasing our understanding of how we can all work together to achieve positive outcomes for older people, we can also contribute to creating a better society where everyone is valued, included, and free from discrimination.

1. Show respect

Respect should be shown to all older people, whether they are relatives, colleagues, friends, or acquaintances. Let them know they are appreciated and acknowledged by you and that they have a right to enjoy their golden years in peace and security. If you meet older persons in the community on the day of celebration, greet them appropriately and let them know you celebrate them.

2. Engage them

You should engage them by taking up community projects that help older persons in need. This will also make you feel useful and needed, thus fostering a sense of belonging in society. In addition, it allows you to interact with older persons and let them know what you are doing for them.

3. Empower older persons

Empowering older persons can be done through:

Honoring Opinions and Life Experience

Respecting their opinions and including them in decision-making by involving them in community projects. You can also allow them to take up responsibilities they are comfortable with, like mentoring or volunteering for community projects. This will make older persons feel wanted and needed and give them a sense of purpose and achievement that they are contributing to the country’s development process, thus making their twilight years meaningful. Their contribution can never be quantified but let them know how important it is to society.

Meet The Most Basic of Needs

Empowering older persons also means meeting their basic needs and addressing their health concerns. Older persons are prone to age-related diseases like heart problems, hypertension, diabetes, and stroke. Encourage physical activities in your community where older persons can get together for sports and leisure. Reporting on their health concerns to the health personnel.

This will encourage them to take up health-checkup programs, thus preventing the onset of various diseases.

It’s also essential that you’re watching the car of your loved one in nursing homes. While most nursing homes are lovely places, some become abusive to their elders. This abuse can be physical, emotional, sexual, and financial. Ensure you know the signs of elder abuse and visit your loved one often. If you suspect an elder you love is being abused in a nursing home, call our personal injury lawyers immediately for help.

Provide Meaningful Work

Older persons can also be empowered by providing them with opportunities to take care of younger children in their families who are going through tough times. These children could be suffering from different diseases and, if left unattended, may even end up being neglected as a result.

Provide opportunities for older persons to learn and develop skills that can be used in the community, like cooking or gardening. These will help them become valuable individuals and feel useful in society.

4. Promote inclusiveness

All older persons should be allowed to actively participate in the country’s economic and social development. This can be done by:

  • Providing them with valuable skills and knowledge for their families, communities, or the nation.
  • Involving them in community projects like cleaning public places or walking lanes where they can serve as role models, thus empowering themselves.
  • Giving them a chance to participate in local council programs by giving suggestions or ideas to improve their living conditions and promote positive change.
  • Give them a chance to change a society that will help them in the future. For example, this could be done by setting up home-based enterprises where they can help their families financially.

Thank You, Elders

At Wilson Reeder and Zudar Law, we are incredibly grateful for our elders’ experience, hard work, love, and service. We know that one of the hardest things about aging is being “forgotten,” so our hopes in writing this blog are to let you know we see you appreciate you, and if the need comes, we are here to fight for you and to protect you.

Falls Protection Awareness Day (FPAD)

In the U.S., more than 5 million adults over 65 suffer from vertigo or balance disorder. These disorders can lead to severe consequences like falls, broken bones, and other injuries, as well as an increased risk of falling. To this end, many healthcare providers, community centers, and private organizations host awareness events on Falls Protection Awareness Day. This day is observed annually on the last Wednesday in September to educate about the risks of falling and ways to prevent falls. It was initiated by the National Council on Aging (NCOA) in 2012 and has since spread to several states, with various activities planned each year.

What is Falls Protection Awareness Day?

Falls Protection Awareness Day (FPAD) is a day dedicated to raising awareness about protecting falls among aging adults. This day is observed annually on the last Wednesday of September to educate about the risks of falling and ways to prevent falls. Falls are the leading cause of unintentional injuries and hospitalizations among those 65 and older, but they still can happen to anyone.

Falls aren’t just a problem for older people. According to the National Council on Aging, falls are the leading cause of injury among people in every age group. One in three people will experience a fall each year. But for people 65 and older, that number jumps to one in two. This is because as we age, our bodies change. We lose muscle mass, our vision may be less sharp, and our reaction times may be slower. These factors put us at a higher risk of falling.

Why is Falls Protection Awareness Day Important?

Falls are a serious public health issue affecting millions of Americans but are also highly preventable. Raising awareness about fall prevention can help prevent millions of injuries and deaths caused by these preventable accidents. At the same time, we also reduce the burden on our healthcare and long-term care systems. Additionally, falls are often a sign of a more significant health issue that may require medical care. For example, they may be signs of a problem such as heart disease, arthritis, diabetes, or a mental health condition such as depression. This means that addressing falls can help people identify and get treatment for these underlying issues.

Slips and Falls in Nursing Homes

A very common place slips and falls happen are in nursing homes. Nursing homes have an obligation to protect their residents from injury due to a fall. However, this doesn’t always happen. You may be eligible for compensation if you or a loved one has been injured from a slip and fall in a nursing home. Reach out to Wilson Reeder and Zudar Law today to learn more about filing a claim with a personal injury lawyer.

Tips to Prevent Falling During Fall Awareness Day and Beyond

If you are over 65 or know someone who is, there are several things you can do to reduce your risk of falling. Here are some tips from the National Council on Aging:

Get More Exercise

Being more physically active can help improve your balance and strength, which can help reduce your risk of falling.

Maintain a Healthy Weight

Being overweight increases the risk of falling by up to 50%, while maintaining a healthy weight reduces the risk of falling by as much as 30%.

Keep Your Home Safe

Make sure there are no hazards in your home that might lead to a fall—clean and dry surfaces with a squeegee to reduce the risk of falling on floors indoors. Remove throw rugs, make sure your furniture is secure, and use lighting to illuminate dark areas.

Wear Sturdy Shoes

Make sure your shoes have adequate support and are not slippery.

Get an Annual Eye Exam

Make sure your prescription and vision are up to date.

Invest in Assistive Devices

Devices such as walkers, canes, knee pads, and soft grips help reduce the risk of falling.

Stay Socially Active and Connected.

This can help reduce feelings of isolation and depression, which often leads to falling.

Get Help if You Need it.

If you feel you need assistance with daily tasks, reach out to your loved ones and local services to help assist. Falls are a serious public health issue, affecting millions of aging adults. On Falls Protection Awareness Day, we can help raise awareness about preventing falls. In addition to providing much-needed education about falls, this day also serves as a reminder to check in on loved ones and neighbors to help prevent falls from happening in the first place. By getting informed and taking steps to prevent falls, we can help reduce the number of falls each year.

A very common place slips and falls happen are in nursing homes. Nursing homes have an obligation to protect their residents from injury due to a fall. However, this doesn’t always happen. You may be eligible for compensation if you or a loved one has been injured from a slip and fall in a nursing home. Reach out to Wilson Reeder and Zudar Law today to learn more about filing a claim with a personal injury lawyer.

Does Homeowners Insurance Cover Stucco Damage?

It depends. If the stucco becomes damaged in a weather-related incident, it’s possible the insurance company will cover it. Your insurance company might not cover home damage if the stucco was already defective. This is why it’s crucial you reach out to one of our defective construction lawyers to get the compensation you deserve.

Homeowner’s insurance doesn’t always cover damage covered by stucco defects. Insurance won’t always cover stucco damage because they might put the liability with the contractor that improperly installed it, who will then ask insurance to cover their work. When this happens, you end up in a complicated back-and-forth while your home has damage that needs to be repaired. What are you to do? Let’s review just that.

If your home has been damaged because of stucco damage from improper installation, we can help you get the compensation you need to repair your home. Contact our construction defect lawyers today to get started.

Defective Stucco Claims

Before getting a policy to cover stucco, it’s essential to know the problems of installing the feature in a home. The most common problem of stucco that makes it vulnerable to damage is a small crack brought about by poor installation, turning into a more significant structural issue for the whole house.

Another common stucco problem arises when unlicensed labor is used for installation. Although such a process is done cheaply at first and saves a few hundred dollars, the consequences are dire as with a poor installation process, the material used and repair and reinstalling can cost tens of thousands. With water damage, the most precise form of stucco damage, taking the initiative to make sure no such damage occurs that can be prevented can help get the insurance carrier to pay quickly after placing a claim. Florida has laws to protect the homeowner from defective construction, reach out to one of our lawyers today.

How to Spot Stucco Damage

Some water damage can be subtle, and watching out for it beforehand can be more challenging. For example, the stucco insulation is at risk of water damage when:

  • There is visible damage, such as cracks or blisters on parts of the walls.
  • An apparent increase in pests
  • Visible water leaks near roofs, windows, and doors.
  • Mold growth

The repair work for the damage to stucco can cost thousands of dollars. The amount arises as the removal process needs to be done to remove all the damaged stucco. The purchase of the new stucco material also costs a considerable amount. Add that to the labor costs, and the costs are even higher. To navigate the costs, most homeowners have resorted to purchasing the stucco materials personally before embarking on a cheap installation process again.

What to Do if You See Stucco Damage

When you first notice stucco cracking or leaking, there are a few steps to take. Let’s go over how to insure the damages are covered.

Document Everything

If you notice cracks or leaks in your house, start taking pictures. If there’s already damage to the home, take pictures of that damage and the area around the damage. You want to prove that the damage if from a stucco defect. Make sure to get exterior and interior photos.

Call Your Stucco Installer

Before you do anything, call the person that installed the stucco and have it inspected. Many of the installers will repair stucco defects right away. If you do this step, take copies of all the paperwork, what the contractor fixed, and how they fixed it.

Contact a Stucco Defect Lawyer

If you cannot resolve the problems with the contractor or your insurance, it’s time to call one of our construction defect lawyers. We work with clients that have had issues with their stucco all the time and know exactly what to do to get you the compensation you need so you can protect your home. Reach out today if you have stucco defect issues that need to be resolved.

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