At Avera & Smith, we pride ourselves not only on our willingness to aggressively represent you in court, but also on our extensive legal knowledge and expertise within our practice areas. We want to share some of that knowledge with you in the form of helpful blogs, white papers, videos and other educational materials.
If you have specific questions about hiring an attorney or want to see answers to common questions about particular practice areas, explore our Frequently Asked Questions (FAQs).
What happens when you get a DUI in Florida? In this article, our criminal defense attorneys share three consequences of a DUI conviction. With the holidays approaching, Florida officials warn of the dangers of drinking and driving. November and December are notorious for driving under the influence (DUI) and driving while intoxicated (DWI) arrests. However,…
Wondering what benefits Florida’s workers’ compensation system covers? From medical care to lost wages, here are the benefits you may be entitled to if you are injured while on the job in Florida. If you get hurt at work or develop a work-related medical condition, you may be entitled to workers’ compensation benefits. In Florida,…
What you say after a car accident in Florida can impact your insurance claim and potential to recover compensation. After a car accident, your emotions and adrenaline are running high. You may be angry, confused, and in pain. Under the stress of the moment, you may be tempted to lash out at the at-fault driver…
While Florida operates under a no-fault insurance system, it doesn’t mean that negligent drivers cannot be held accountable. In this article, find out how fault is determined after a car accident in Florida. If you are injured in a car accident in Florida, one of the most important factors in your case is determining who…
Rollover accidents, though relatively rare, are disproportionately deadly. According to the Insurance Institute for Highway Safety (IIHS), in 2021, rollover crashes accounted for about 7,640 fatalities, which was around 21% of all car occupant deaths. This makes rollovers one of the most dangerous types of vehicle crashes. However, there are certain things you can do to…
In August 1990, the college town of Gainesville, Florida, was gripped by terror as a brutal serial killer stalked its streets. Over four horrifying days, five University of Florida students were found brutally murdered in their apartments, leaving the community in shock. The killer, later identified as Danny Rolling, became infamously known as the “Gainesville…
This situation can happen to anyone: You’re driving home from work, listening to your favorite podcast as you approach a busy intersection. The traffic light is green and you continue to drive forward. Suddenly, another car makes a left turn in front of you and you T-bone the other vehicle. The other driver gets out…
Medical errors are the third leading cause of death in the United States. Each year, approximately 400,000 hospitalized patients experience some form of preventable harm due to miscalculations in physician judgment, misdiagnoses, incorrect prescriptions, or improper treatment intervention. Even more alarming, more than 200,000 patients die each year due to preventable medical errors. When an…
If you are injured on the job in Florida, workers’ compensation benefits are a vital resource to offset your lost wages and medical expenses. However, if you are applying for workers’ compensation benefits in Florida, there are strict rules and deadlines you must follow to protect your rights and eligibility. In this article, our North…
If you’re like so many accident victims, you’re probably wondering if you should hire an attorney after a car accident in Florida. The question is not if, but a matter of when. Contacting an attorney immediately after your car accident is critical to protecting your rights and ensuring you get full and fair compensation. It…
For law students, graduation season brings a culmination of years of rigorous study, dedication, and overcoming challenges that have tested their intellect and resilience. It’s a time marked by remarkable achievements and the anticipation of beginning an incredible career journey. But first, new graduates must seek admission to The Florida Bar. The experienced attorneys here…
Dealing with an injury at the workplace is a heavy burden; sometimes the situation can seem untenable when your workers’ compensation claim is denied. However, not all hope is lost. If you or a loved one are dealing with a denied workers’ compensation claim, it is paramount to understand your rights and the appeal process…
Workplace injuries can be a harrowing experience, often leaving victims with both physical and emotional scars, as well as financial implications. Beyond the initial shock and recovery, employees in Florida must grapple with the complex intersection of workers’ compensation laws and potential liability claims. But what happens when the injury is a result of a…
Attorneys are not just practitioners of law; we are advocates, confidants, and pillars of support for those seeking guidance through their most challenging moments. One key way that we fortify our ability to serve clients with excellence and empathy is through making meaningful connections with peers, mentors, and the broader legal community. While networking is…
For construction workers in Florida, the possibility of on-the-job injuries is a fact of life. The state’s workers’ compensation system is a crucial safety net intended to provide medical care and lost wages to employees who sustain work-related injuries. Florida law mandates that most employers carry workers’ compensation insurance to ensure workers receive proper benefits…
In today’s hyperconnected world, the digital landscape holds the power to shape perceptions, influence decisions, and even extend its tethers into the realms of legal process. But could a casual online post come back to haunt you in a courtroom? It’s certainly possible! Digital footprints (the traces we leave behind with every online activity) can…
Love it or hate it, every April brings the “taxes due” deadline, which also marks the end of tax season — a period that presents significant financial decisions and the looming threat of tax fraud for many. The arrival of the 2024 tax season serves as a reminder of our increasingly vulnerable financial data. In…
Outcome Provided in Case First Tried in 2018 & 2019 An Alachua County jury in Florida’s 8th Judicial Circuit has returned total damages of $34,723,176 to the family of Tyrone Dixon in a verdict against R.J. Reynolds (RJR) tobacco company. The long-running case, first tried in 2018 and 2019 but reversed on appeal, was brought…
As attorneys who specialize in medical malpractice cases and are deeply invested in protecting the rights of patients, the recent outcome of the legislative process regarding Senate Bill 248 and Amendment 932842 is of paramount concern. Unfortunately, despite its potential to address critical issues within Florida’s medical malpractice regulations, the bill has met its end…
A new year brought a new legislative session, and the 2024 Florida Legislature session was a hotbed of activity, where proposed bills represented the power of democracy and the constant flow of changes and innovations. Here at Avera & Smith, we stayed on top of some specific proposed bills that could have had a massive…
The Florida Legislative Session is not just an event for politicians and policymakers; it’s a vital period that deeply affects the daily lives of everyone living in the Sunshine State. From the change of laws to the allocation of funds, the decisions made during this time are critical to shaping the future of Florida. If…
HCA North Florida Hospital Suspends Surgeries for Another Week Avera & Smith – Advocates for Justice Amidst HCA North Florida Hospital’s Extended Surgical Shutdown The recent developments at HCA Florida North Florida Hospital continue to raise serious concerns about patient safety and the quality of medical care. Avera & Smith remains committed to supporting individuals…
Your Health Matters to Us – HCA North Florida Hospital Surgical Suspension In the wake of recent news surrounding HCA North Florida Hospital’s abrupt suspension of surgeries, Avera & Smith Attorneys at Law extends a heartfelt concern to those who may have experienced medical malpractice or negligence during this challenging time. We understand the potential…
If you’ve been hurt or became ill on the job, then you know how unsettling it can feel to wonder how you will make ends meet without your regular paycheck. Fortunately, workers’ compensation is an essential safety net that provides medical and wage replacement benefits. A common concern among injured employees is how much they…
Being injured on the job can be a physically and emotionally challenging experience, particularly when you have a personal history with the company. The mix of pain, frustration, and uncertainty can weigh heavily on your shoulders, making it difficult to navigate the complexities of the situation. Workers’ compensation laws are intended to help mitigate this…
In a significant victory for justice and accountability, Avera & Smith recently secured an extraordinary verdict totaling $11 million in a wrongful death case in Duval County. This remarkable achievement underscores the firm’s unwavering commitment to advocating for the rights of victims and their families. The legal acumen and dedication of attorneys Rod Smith and…
When it comes to serious or personal injury lawsuits, one of the key decisions to make is whether to pursue litigation or opt for a settlement. This choice can have significant implications for the outcome of the case and the justice received, but where do you even start in trying to make a decision? In…
In personal injury cases, determining who is at fault is crucial for assessing liability and awarding damages. One legal concept that comes into play in such cases is comparative negligence, which essentially means that fault is determined as a shared responsibility among the key players involved in the event that caused harm. Florida comparative negligence…
Living off campus can be (and should be) an exciting and liberating experience for college students, as it provides an opportunity to gain a sense of independence. However, living off campus also requires situational awareness and knowledge about how to prioritize personal safety. In this blog post, we will share 10 safety tips for University…
Granting someone power of attorney (POA) allows them to make decisions on our behalf, providing peace of mind. Unfortunately, abuse of this authority can have devastating consequences. In this article, we will explore when and why it is crucial to seek legal help for a Florida power of attorney contest. Understanding Power of Attorney Before…
We’ve all come across cautionary tales about dishonest lawyers, and unfortunately, we’ve personally encountered several such stories from new clients looking to hire an attorney in Gainesville, FL. A capable and experienced attorney can play a pivotal role in shaping the outcome of your case for the better, while the wrong one can be detrimental…
When you hear the term “trust litigation,” what comes to mind? It may drum up some challenging emotions, as this area of law encompasses many sensitive topics. Trust litigation can be emotionally taxing due to several factors. It often involves family disputes, which are particularly stressful when they occur after a loved one’s death. The…
Deciding to get legal counsel is a significant step; whether you’re starting a business, dealing with a trust dispute, or navigating a personal injury claim after an accident. This process for hiring an attorney in Gainesville, FL, can be overwhelming since there are so many options for legal representation, including a variety of law firms…
What Florida Gun Owners Need To Know As of July 1, 2023, House Bill (HB) 543 is now in effect. This new law allows Floridians to carry a concealed weapon without needing the formerly required concealed carry permit. The evolving regulations around gun carry in Florida have left many unanswered questions; plus there are some…
Do you need help with a Florida will contest? Contesting a will is a legal process that challenges the validity of a person’s last testament. It can be a complex and emotional task, often undertaken during a time of grief. This guide aims to provide you with a clear overview of things you need to…
When you’re seeking legal representation, you should try to find a law firm that matches your needs. Not all law firms are the same; size, areas of practice, areas of specialty, and case outcomes are some of the key considerations to keep in mind when evaluating a firm. Understanding what to look for can make…
If you have been injured in a motorcycle accident, it can be one of the most difficult and challenging times of your life. You may feel overwhelmed trying to figure out all the legal steps that need to take place or what you should do next in searching for a motorcycle accident attorney in Gainesville,…
Hiring the right attorney can be challenging for several reasons. Not only can it be overwhelming to sift through the sheer number of attorneys to choose from, but it also can be difficult to gauge an attorney’s expertise and experience in a particular area of law without prior knowledge or experience with the legal system….
If you’ve been in a motorcycle or car accident in Gainesville, FL, you may be feeling overwhelmed and unsure of where to turn. Knowing what to do following an accident can make a huge difference in ensuring that you are fairly compensated and your rights are protected throughout the legal process. While it’s important to…
Life-altering injuries cause significant disruption and hardship not only for the person injured, but also for their families, friends, and communities. People with life-altering injuries may be unable to work or participate in everyday activities they once enjoyed due to long-term rehabilitation needs and physical limitations. Many times, these types of injuries are caused by…
Rentable electric scooters have become increasingly popular on and around campus at the University of Florida, and for good reason: they offer a convenient, affordable way for students and commuters to travel around campus and nearby neighborhoods. However, it’s imperative to consider that with the rising popularity of electric scooters comes an increased risk of…
Update: In a 23 to 15 vote on March 23, 2023, HB 837 passed in the Florida Senate. As of March 24, 2023, Governor Ron Desantis signed House Bill (HB) 837, Civil Remedies, into law. This article describes some of the major changes to Florida’s civil injury laws proposed by House Bill 837. The bill…
Aortic Dissection occurs when there is a tear in the inner layer of the body’s aorta. The aorta is commonly known as the main artery. The dissection happens as a result of blood rushing through the affected area. The rushing blood causes the inner and middle layers of the aorta to split. If the blood…
No person goes to a healthcare professional expecting to be harmed. We have trust in our doctors and nurses to provide us with the care we need. Unfortunately, medical mistakes do happen and when they result in harm the only path to justice is through a civil lawsuit. In this article, we will discuss the…
Often times, the number one thing on a victim’s mind when falling victim to a medical misdiagnosis is recovery. Misdiagnosis can occur as a result of medical malpractice or medical negligence from a medical professional or facility. Many victims of medical misdiagnosis never pursue justice because of the complex nature of misdiagnosis cases, missing out…
When it comes to medical malpractice, there are a lot of factors that will determine your success in court. Obtaining a good medical malpractice lawyer is critical; however, finding the right one may take time. This article is aimed at helping prepare you for your medical malpractice case. We will also give some tips on…
When you or a loved one has been the victim of medical negligence, it is important to understand how it can be proven in court. Receiving adequate compensation will require the plaintiff to demonstrate that not only has negligence occurred, but also that injuries were sustained as a result. Defining Medical Negligence Medical negligence (or…
From petty theft to the sophisticated con man, the holiday season marks a time of desperation for many criminals and added vulnerability for the lawful. This article will discuss different types of criminal activity that increase around the holidays. We will offer some tips on how you can avoid becoming a victim of holiday…
Learn about personal injury claim compensation and find out the types of damages you may be entitled to if you’re injured in an accident. Free Consultation. Types of Compensation You Can Receive From a Personal Injury Claim When you’re injured because of someone else’s negligence, it’s only fair that you be compensated for your losses….
When you think of elder abuse, physical violence or neglect may come to mind. However, financial exploitation is one of the most common forms of elder abuse. This happens when someone takes advantage of an older person’s vulnerability for personal gain. Oftentimes the abuser does so by illegally obtaining power of attorney over the victim….
When you or a loved one enters into an assisted living facility, you trust that the staff will provide quality care. Unfortunately, that is not always the case. Assisted living abuse can take many forms, from physical violence to neglect. If you suspect that your loved one is being abused in an assisted living facility,…
If you’re like most people, the words criminal defense attorney probably doesn’t conjure up images of white collar crime. However, criminal defense attorneys defend clients against a variety of charges, including those related to white collar crimes. In this post, we’ll take a look at eight types of white collar crimes and provide some information…
America’s veterans have provided a great service to our country. For those who served, lived, and worked at Marine Corps Base Camp Lejeune in North Carolina, that service may have come at a cost. Since volatile organic compounds were discovered in the drinking water at Camp Lejeune, NC, in the early 1980s, service men and…
Legal terms can be confusing. Many are derived from Latin and aren’t part of our everyday language. Others are common words that take on different meanings in a court of law. If you’re ever facing a lawsuit, claim or need to appear in court, these are some of the terms you’ll need to know to…
Every day, people in the United States are injured as a result of someone else’s negligence. Whether it’s a car accident, slip and fall, or medical malpractice, these injuries can have a life-changing impact on the victim and their loved ones. If you’ve been injured because of another person’s negligence, it’s important to understand your…
When you or a loved one is charged with a crime, life can change in an instant. Many people often feel confused, alone, and with nowhere to turn. The right criminal defense lawyer, however, can make all the difference. The best ones will walk you through your entire case, step by step, and advise you…
As the new school year begins, parents are tasked with ensuring their children’s and teens’ safety, both on and off campus. While there is no one-size-fits-all solution to keeping kids safe, it all begins with great safety preparation and regular habits. To help, our team of personal injury attorneys at Avera & Smith in Gainesville…
The legal system is an important part of our country’s foundation, and it includes criminal and civil suits that enter into litigation and are often worked out in a court of law. If you’re considering filing a lawsuit, or if you’ve been served with a summons, you may be wondering how the legal process works….
It’s happened to all of us. We’re driving along, minding our own business, when out of nowhere another driver starts acting crazy. Maybe they beep their horn excessively or cut us off without warning. In some cases, this can lead to road rage – a dangerous and potentially criminal situation. Can you be charged for…
Research has shown that more than 24% of nursing home residents in the United States have experienced abuse in one form or another. For someone whose loved one lives in a nursing home, this statistic can be very alarming. After all, the last thing you want to worry about is whether or not someone you…
If you need legal advice, the thought of meeting with a lawyer can be somewhat intimidating. This is why law offices offer initial consultations. This meeting is your opportunity to learn more about the lawyer’s experience and qualifications, as well as find out how much the case may cost. By the end of your initial…
Losing a loved one is never easy, but it can be especially difficult when their death was the cause of someone else’s negligence or recklessness. While no amount of money can ever truly make up for the loss of a loved one, a wrongful death claim can help families to cope with the financial burdens…
When two businesses have a dispute, litigation is often the route that is chosen. While it’s true that this method is the one that many people are most familiar with, it isn’t the only option. Alternative dispute resolution (ADR) methods such as arbitration or mediation can be a better option in many cases. In this…
If you live in Florida and are facing DUI/DWI charges for marijuana, it’s important to know what to expect. While marijuana is now legal in some form or another in over half the country, driving while high or under the influence of marijuana [weed, cannabis] is still illegal nationwide. This means that if you’re found…
If you’re involved in an inheritance dispute in Florida, there are a few things you should know. Inheritance disputes can be complex and emotionally charged, from will disputes to trust disputes and more, so it’s important to have a clear understanding of the law. This blog provides some basic information about family inheritance disputes in…
You’ve probably never thought you’d need a product liability lawyer. Maybe it’s because you’re not the type of person who buys the latest new tech or pushes things to the max. Now, imagine one day you go shopping and pick up a new toy for your child – the packaging said it was perfect for…
When two people get into a fight in a bar, they may not just be risking injury to themselves. In some cases, they could also be risking criminal charges. Many states, including Florida, have laws that make it a crime to fight in public, even if the altercation does not result in any serious injuries….
When you visit a doctor’s office or go to a hospital, leaving with a new illness or injury is the last thing on your mind. Unfortunately, that happens more often than many people realize. While issues involving medical malpractice are often associated with doctors, nurses can also be held liable for not performing their tasks…
Whether you’re a business owner or an employee, getting injured on the job is the last thing that anyone wants to think about. Unfortunately, workplace injuries are a harsh reality. In the United States alone, millions of work-related injuries occur every year. Fortunately, workers’ compensation insurance can help protect employers and employees in the event…
Injured at a friend’s house? This can be a tricky situation, but there are a few things that you should do to protect your personal liability. If the injury was caused by negligence on the part of the homeowner, you may need to consult a personal injury attorney. At Avera and Smith, our team of…
Everybody makes mistakes. Sometimes these mistakes can lead to criminal charges that require a criminal defense lawyer. If you have been arrested for a crime, it is important to know what options are available and when you should hire an attorney. At Avera and Smith, our criminal defense attorneys in Gainesville, Florida, will help protect…
‘Tis the season of giving, but it’s also a time when personal injury accidents are on the rise. From driving accidents and home fires to slip and falls while decorating or shopping, there’s a lot that can happen during the holidays. It’s important to keep an eye out for accidents in an effort to try…
Being convicted of a crime comes with a range of consequences. The more severe the crime, the tougher the punishment. When facing a charge, it’s important to know the difference between misdemeanors and felonies and what it means for you. If you’re ever charged with a crime, seek legal help immediately; it’s crucial to have…
“Drink and be merry” is a common holiday sentiment, but some take it too far and get behind the wheel after a little too much drinking. Each year during the holiday season, there’s an uptick in DUI (driving under the influence) and DWI (driving while intoxicated) activity. It’s important to be mindful of this to…
When parents or loved ones need round-the-clock care, leaving them in the hands of others can be an incredibly difficult decision. You want the best for them, and a big part of that is making sure they don’t become a victim of nursing home negligence. Thankfully, there are many elder abuse laws, both within Florida…
If you’ve been charged with a crime, or if you face being charged, it can have significant impacts on your life, including employment, driving privileges, the ability to rent or lease a home and more. If you’re facing a charge, let Gainesville’s best attorneys help. The attorneys at Avera & Smith will guide you through…
Halloween is just around the corner, and celebrating the joys and spooky fun of the season can be exciting. From dressing up in fun costumes and heading out for trick-or-treating around the neighborhood, to attending fall festivals, throwing a party with friends, and more, there’s so much to do. But you’ll want to make sure…
Slip and fall accidents can occur anywhere, and the injuries suffered can be serious. If you experience a slip and fall at work, you may have a case. Often, slip and fall victims want to brush off the pain and get back to work right away to make up for lost time or to be…
Malpractice lawyers specialize in helping people with claims of unethical or negligent behavior from medical, financial, or law professionals. The preventable nature of the behavior is a key indicator of negligence. Generally speaking, if any other professional in a similar field would have handled it differently, a case for malpractice may be present. If you…
When property disputes arise, it’s important to handle them strategically and with caution. Florida law recognizes that each case can be unique, and our expert team of real property lawyers in Gainesville can help. Whether you are considering a case or are currently involved in a case, there are some things you should know. Read…
Dogs. We love them, and they love us. They’re cuddly, happy, and give their owners unconditional love. But sometimes we come across a dog that is aggressive, and this aggression can often lead to dog bites or attacks. If you’ve been bitten or attacked by a friend’s dog, it’s important to know what to do….
When thinking about your future or planning your estate, you’ve probably come across the terms ‘Will’ and ‘Trust.’ On the surface, they have very similar meanings and they both set a plan for future outcomes. Learn about the similarities and differences of these two estate planning tools. If you are involved in a dispute over…
Larger cities and college towns around the nation have introduced electric scooters to provide students and other members of the community with individualized and low cost means of transportation. This micromobility mode of transportation has provided many benefits to communities, such as offering a convenient and eco-friendly alternative to cars, ride shares and traditional public…
If you are looking for a Gainesville-based personal injury attorney, you need to make sure you find the right lawyer to defend your rights. When it comes to the justice system, the stakes are high. Therefore, you should always take a look at verdicts and settlements for personal injury. At Avera & Smith, we always…
Note: As of July 1, 2023, House Bill (HB) 543 is now in effect. This new law allows Floridians to carry a concealed weapon without needing the former required concealed carry permit. Though there are evolving regulations around gun carry in Florida, laws regarding who can carry, where they can carry, and safety regulations are…
GAINESVILLE FL; June 1, 2021 – Longtime Gainesville-based law firm Avera & Smith has announced new senior management and personnel roles, including a long-planned transition from Managing Partner Mark Avera to new Managing Partner Dawn Vallejos-Nichols. Additionally, Mark Avera has passed the bar and obtained his license to practice law in North Carolina and will…
When people go to work in Florida, they do not expect to get hurt. However, accidents can happen at any time, even if the employer places safety at the top of the priority list. If you are hurt and unable to return to work, how are you going to make ends meet? That is where…
Are you wondering how to get a hardship license in Florida? The good news is that in Florida, there are ways to get a suspended license reinstated. If you have had your license suspended, you may be able to start driving again with full privileges after you take a class. You may also be able…
During the coronavirus pandemic, there are a lot of concerns that contracts are going to be broken. After all, there are a number of unforeseen circumstances that are wreaking havoc in the business world. In order for business owners and managers to protect themselves in the current environment, it is important to understand how contract…
Florida has introduced new bills that may expand access to medical and recreational marijuana in Florida. These bills could bring new laws to our state and we want you to be aware of what that means, particularly from a legal standpoint. The bills that are coming down the pipeline may include small changes to medical…
When you or a loved one are arrested on criminal charges, the next steps can be overwhelming, and often confusing. The Gainesville criminal defense attorneys at Avera & Smith are here to provide clarity. In this article, we explain what you can expect from the time of arrest through the initial appearance, and the factors…
The attorneys at Avera & Smith prioritize ensuring that our clients and the community as a whole have the knowledge and resources they need to make informed decisions when legal matters arise. The legal system in the United States is highly complex and not everyone may be aware of its nomenclature. If you are ever…
Note: As of July 1, 2023, House Bill (HB) 543 is now in effect. This new law allows Floridians to carry a concealed weapon without needing the former required concealed carry permit. Though there are evolving regulations around gun carry in Florida, laws regarding who can carry, where they can carry, and safety regulations are…
Being arrested for a drug crime is not only a traumatic experience, it can do extraordinary harm to your future. In 2019 alone, there were more than 110,000 drug crime arrests in the state of Florida, with more than 1,000 occurring right here in Alachua County. The high number of arrests means there are several…
A year after COVID-19 arrived in the United States, the presence of the novel coronavirus is still affecting our families, friends and neighbors. The outcomes range from simply frustrating to tragic, but virtually no one can say their life has remained unchanged. Our deepest condolences to anyone who has lost a loved one to this…
GAINESVILLE FL; January 14, 2021 – Three attorneys with longtime Gainesville-based law firm Avera & Smith have been honored by Super Lawyers for 2020. Super Lawyers annually identifies outstanding attorneys from more than 70 practice areas who have achieved significant peer recognition and professional accomplishment. The in-depth selection process includes independent research, peer nominations/evaluations. Mark…
Florida has some of the most liberal self-defense laws in the country. Not only is it one of the 34 states that have enacted what are commonly referred to as “stand your ground” laws, but in Florida, the laws have been amended to make it more difficult to convict someone who claims to be acting…
Big tech companies have been hit with multiple antitrust lawsuits from the United States Department of Justice (DOJ) and other agencies in the past few months. The Google lawsuits have garnered a lot of media attention, and the Facebook lawsuits are also very much in the news. So what is an antitrust lawsuit? And what…
Driving a motorcycle can be a great hobby and an excellent way to road-trip. But the reality is, it is a high-risk mode of transportation. In fact, more than 80% of all reported motorcycle crashes result in injury or death, according to the National Highway Traffic Safety Administration (NHTSA). As motorcycle accident lawyers, we see…
When many people hear the term “workers’ compensation,” they imagine one big workplace accident or other event that causes a major injury to an employee. As Florida workers’ compensation lawyers, we know this is not the only type of workers compensation case. That’s because we have handled—and won—so many different types of workers’ compensation cases…
When you are involved in a car accident, you are most likely not thinking of all of the “right” things to do. You are probably in shock, or helping someone else who is, and the last thing you are thinking of is the paperwork. However, if it is possible to get an accident report, you…
Losing a loved one is incredibly painful. But if your loved one’s death was caused by someone else’s negligence or wrongdoing, it can be even more devastating. On top of your grief, you may feel powerless to do anything about the tragedy that has occurred. Although we can’t imagine how you feel, the wrongful death…
Injuries in the workplace are a far too common occurrence. That’s why so many employers have workers’ compensation insurance. In fact, for almost every industry, companies with four or more full-time or part-time employees are required by law to carry workers’ comp insurance. The laws are even stricter for the construction industry with companies of…
During the worldwide 2020 Coronavirus pandemic, there have been a lot of questions about the legality of government imposition on individuals’ rights. Things such as stay-at-home orders, limitations on gatherings and requiring facial coverings have become commonplace from local, state and even federal governments. But is this type of infringement on an individual’s legal? In…
Gainesville is home to some lively entertainment and nightlife, which can sometimes cause confusion when it comes to open container laws. Between tailgates on the University of Florida campus, “downtown districts” that sometimes allow alcohol, and the “open container” policy at Celebration Pointe, it’s easy to misunderstand what’s permitted and what’s prohibited. This article will…
In the early stages of the pandemic, there was speculation that quarantining would decrease the number of DUIs across the country. The reality is, DUIs and many other crimes are more likely to occur whenever and wherever there are large gatherings or celebrations involving alcohol. Therefore, it would make sense for the rates of DUIs…
People hire personal injury lawyers like the attorneys of Avera & Smith to help them navigate the complicated legal system—and it’s a good thing they do. Every case, suit or trial is different and comes with its own challenges and complexities. Slip-and-fall cases are no different. If you’re wondering whether or not you have a…
There’s no sugarcoating when it comes to wrongful death cases. You’re in this position because you’ve suffered an unimaginable loss, and you probably never thought you would be looking for a wrongful death law firm in Gainesville. Not only have you lost a loved one, but someone else may be to blame. So where do…
No one expects to be the victim of an assault or battery by a co-worker, especially when the workplace is supposed to be somewhere you feel comfortable enough to do your job to the utmost of your ability. Unfortunately, injury from an attack by a co-worker happens more than you would think, and if it…
If you’re looking for the best motorcycle injury or auto injury attorneys, look no further than Avera & Smith. As Personal Injury Lawyers in Gainesville, we’ve seen it all. And that includes injuries suffered as a result of an accident caused by a city bus or other public transit. If this sounds like your situation,…
You’ve probably heard of medical malpractice lawsuits. Medical malpractice can occur when a medical professional fails to meet the standard of care when treating a patient. And, unfortunately, it happens more often than you might think. But what about dental malpractice? At Avera & Smith, we have some of the best medical malpractice lawyers in…
While many have found Florida’s legalization of medical marijuana to be a relief from long-term debilitating medical conditions, some individuals may see an opportunity to capitalize on the ability to obtain marijuana legally. In fact, the illegal sale of marijuana in Florida and corresponding arrests have continued to increase since the drug’s official legalization in…
The current coronavirus crisis is testing our society in many different and challenging ways. One big topic of discussion, especially among business owners and business litigation lawyers, is the idea that these emergency circumstances may affect active contracts or insurance coverage and liability terms. It is true that there will likely be many contract disputes…
You always have the right to remain silent, it’s one of your Constitutional rights after all; however, in the context of employment, your silence can potentially be used against you. Aside from the Fifth Amendment to the U.S. Constitution, there are rulings in place to protect you from being forced to give incriminating statements. What…
Sustaining an injury is, at the very least, an inconvenience and, at most, life-threatening or debilitating. Life isn’t always fair, and many accidents can’t be prevented. However, some can. How do you know when you should contact one of the Florida personal injury lawyers at Avera & Smith? It’s important to know what qualifies as…
In recent years, Florida has passed laws legalizing marijuana, a move embraced by many Florida voters. However, while other states like Colorado and California allow recreational marijuana, Florida restrictions only legally permit medical marijuana. For Florida residents, it’s crucial to be aware of the difference between medical marijuana and recreational marijuana and the legal stipulations…
There are many myths surrounding traffic tickets and the refusal to sign a citation that are spread by word of mouth. Have you ever heard that signing a traffic ticket means you are admitting guilt? Here’s what’s actually true when it comes to traffic citations and what to do after you receive one. The Truth…
Driving is something most adults encounter on a daily basis, whether as the driver or a passenger in a vehicle. This mundane task of getting from one place to another can become second nature to many. But even with something so routine, it is easy to be annoyed by the actions of others on the…
Super Bowl Sunday should be one of the most fun days of the year, but, statistically, some fans will end up needing a defense attorney after the game. The reality is, DUIs and other crimes are more likely to occur whenever there are widespread celebrations involving alcohol. The city hosting the big game has the…
Helmet laws in Florida, and throughout the country, have undergone quite a few changes over the last few years. While these changes have allotted riders a new sense of liberty in their decisions, it has also led to confusion over what exactly is required. In Gainesville, it is very common to see riders on motorcycles…
What defines surgical malpractice? How do you determine that surgical medical malpractice has taken place? Should you consult an attorney to go to trial or seek a malpractice settlement? The goal of this article is to provide you with the knowledge necessary to navigate the world of surgical medical malpractice. That way, you can better…
Opioids, a controlled substance in Florida, have become an epidemic across the country. Because opioids are highly addictive, countless Floridians who are dependent on them will go to great lengths in order to maintain a supply. This has resulted in a highly lucrative market for illicit opioids. In response, the opioid law in Florida can…
The business landscape is constantly evolving. From tax laws and commercial disputes to employment contracts and insurance liability, the legal side of running a business can be extensive. In some cases, a business owner or representative can handle everything. However, in business, disputes may arise that could require investment in a business litigation attorney in…
CAN YOU GO TO JAIL FOR NOT WEARING A SEAT BELT? The importance of seat belts is pretty well-known as a simple, yet vital, safety measure for those on the road. The act of securing a seat belt is second nature upon getting into a vehicle. Under Florida law, it is required for all drivers…
Avera & Smith has served the Gainesville community and its surrounding areas for more than 70 years. The firm represents Floridians in and out of the courtroom. From personal injury claims and workers’ compensation to criminal defense, the firm’s legacy is that of personal service and genuine care for its clients and 2019 has been…
From your right to carry prescribed Cannabis to privacy in a vehicle, the legalization of marijuana brings with it a slew of caveats in the law. One of these caveats is the use of medical marijuana when you’re employed at a drug-free workplace. While the law may state that you are legally able to consume…
Vaping has recently become a significant headline in our news as the popularity of using vape pens increases, with little known about the long term consequences and potential health risks. While it was initially designed as an alternative to traditional cigarettes for adults, vape pens have become commonplace for teens and young adults. With misleading…
Settling out of court is one of the most common ways to resolve accidents, injuries and small claims. But it can be confusing to know whether you’re getting the better end of the deal in a settlement. When you’re the plaintiff in, for example, a personal injury case, consulting attorneys in Gainesville is the smart…
With the legalization of medical marijuana through a ballot initiative in 2016 and the legalization of commercial hemp on July 1, 2019, challenges regarding vehicle privacy are arising. In the case of a home search, a warrant that has been reviewed and signed by a judge. Your right to privacy in a vehicle is very…
Personal motorized watercrafts, often referred to as jet skis, are a Florida favorite. The state’s ample waterways and beaches make these recreational vehicles a staple year-round. Most people rent, rather than own, and often don’t realize how common jet ski wrecks are. In fact, according to the Coast Guard, jet skis are the second most…
The unlawful touching of an officer is one of the most severely punished crimes in the United States. This action is charged as “battery on a LEO.” The difference between a battery charge on a LEO and a general battery charge is that the former requires an adjudication upon conviction, even when it is your…
“Don’t hire Avera & Smith.” That’s what insurance adjusters are probably telling their claim filing customers considering legal action. Of all the lawyers in town, and there are quite a few, Avera & Smith is the last firm they want to deal with. The reason is simple. Courtroom experience. Not all cases go to trial….
GAINESVILLE, FL; June 10, 2019 – An Alachua County jury has awarded plaintiff Kathleen Barrett, M.D., $5 million in compensatory damages for past and future medical expenses, lost earnings and pain/suffering stemming from severe injuries caused by a 2013 rear-end car crash. Lead counsel on the case was Ben Hutson of the Gainesville-based Hutson Law…
College students spend most of their time going to classes and studying. Some may also work part-time in order to help with the expenses of higher education. But while the majority of students focus on school, many also partake in activities that help relieve the stress of college life. This includes hanging out with friends…
Nurses and nursing assistants play one of the biggest roles in patient interaction and care. Due to the demands of this career, many nurses have an overwhelming workload. This may lead to nursing errors that are, in some cases, detrimental to patients. Errors by nurses can even lead to wrongful death. As we rely on…
If you are in the unfortunate situation of being arrested and you have never been arrested before, it is likely you will have very little information or understanding about the process. Often times, this situation can be confusing. What will happen next? What steps are required of you? And most importantly, what are your rights? …
Floridians enjoy beautiful weather and a multitude of outdoor activities year-round, including boating. In fact, Florida leads the U.S. in water vehicle ownership. Unfortunately, Florida also leads the country in the number of boating accidents annually with 16.8% of all boating accidents in the U.S. occurring in Florida. Common Types of Boating Accidents Collision with…
Driving can be one of the most stressful situations to encounter on a regular basis. With the ever-changing road structure and inherent inconsistency of other drivers, it is easy to feel frustrated while behind the wheel. These feelings are considered road rage. Road rage incidents can result in serious criminal penalties, and in Florida with…
We rely on our doctors and medical specialists to provide us with the tools to become better inside and out. Often times that requires prescriptions and medications. However, these tools that are meant to help us can be dangerous when medication errors occur in their preparation, handling and usage. Types of Prescription Errors What makes…
One of the more difficult discussions with your children involves the subject of sex. Unfortunately, that conversation is further complicated by technology and needs a few additional chapters when it comes to smartphones, social media and “sexting.” This is not an easy subject to write about and address, but these conversations have to happen. Teenagers…
Accidents of any kind are a disastrous occurrence – however commercial trucking accidents can be much more catastrophic than an accident involving two personal vehicles. Due to the sheer size, weight and physics of semi-trucks, commercial trucking accidents with privately owned vehicles, unfortunately, usually result in serious or fatal injuries. Whether the cause of the…
In Florida, the second most commonly committed crime (after drug offenses) is theft. According to the FBI, a theft is committed every minute in Florida. The potential penalty and seriousness of a theft charge is based on the amount of the item taken and the circumstances. Two Categories of Theft Thefts are broken down into…
Florida is one of the most dog-friendly places in the country, with many establishments and beaches throughout the state boasting pet-friendly atmospheres. So it’s not rare to see Fido out and about with their owners in public. While dogs are man’s best friend, these animals can still be unpredictable at times. This is especially true…
Pedestrians face some of the most dangerous situations on the road. There are no structural barriers or protections as cars speed by them. Pedestrians who are injured can face lifetime mental and physical injuries. These injuries are particularly saddening when the victim is a child. There are a few things to consider when a child…
Slip and fall accidents are some of the most common causes of personal injury throughout the U.S. A nasty fall caused by a slippery floor, foreign object, or an obstruction on the pavement can cause serious injuries. Every year, over 8 million emergency room visits are due to falls. Of those 8 million visits, slip…
When most people hear the words “drug trafficking,” they think of people in the news, like Pablo Escobar (“El Chapo”) or Joaquin Guzman. However, the reality of drug trafficking is much closer to home. Despite the common depiction in mass media, drug trafficking charges are not exclusive to criminal masterminds, armed drug dealers or career…
The loss of a loved one is one of the most difficult things to deal with throughout life. When the unexpected fatality is the effect of another’s negligence, the survivor and other parties may be entitled to compensation for their loss. What is wrongful death? Wrongful death is when a person dies due to the…
We, as consumers, rely on the brands and products we use daily to function properly. However, sometimes those items malfunction and you get hurt. If you or a loved one have been injured by a defective product, you may be entitled to compensation. When this happens, it is important to know the specifics of product…
Being told that you or a loved one requires surgery can be a frightening experience. Whether it is an elective procedure or an emergency situation, you need to fully understand your diagnosis, as well as the risks to and the benefits of the operation. To make certain that you have the information you need from…
It is likely that this will not reach the audience for which it is intended, but that doesn’t mean it should not be written. I have lived in Gainesville for all but 4 years of my life. During that time I cannot count the number of times I have seen motorcycle, or more specifically, scooter…
We place the highest level of trust for the health and safety of ourselves and our families in the hands of medical professionals, which is what makes medical malpractice cases particularly unnerving. When the professionals we have entrusted make mistakes or prescribe inappropriate treatment, it is our responsibility to recognize that they have not upheld…
As we get ready for Florida football here in Gainesville, FL, it is important to be aware of applicable open container laws and ordinances. It is still “illegal” to have an open container of alcohol on city property. The city commission has amended their ordinances to allow for a civil penalty of $200.00 for possession…
Your Gainesville lawyers at Avera & Smith know that finding attorneys you trust and who have your best interest in mind can be hard to come by. With more than 100 years of combined service, the current attorneys of Avera & Smith offer an unparalleled combination of experience across many areas of practice. Get to…
Our Gainesville Criminal Defense Attorney, John Whitaker, discusses what you should consider for before drinking alcohol if you are under the age of 21. Possession of alcohol by a person under 21 is a crime that can result in a permanent criminal record, a fine up to $500.00 and a maximum of 60 days in…
Many of the car accidents that happen right here in Gainesville, FL are a result of distracted driving rather than driving under the influence. These accidents are emblematic of a nationwide issue, as approximately 391,000 people were injured in car accidents involving distracted drivers in 2015. As car accident attorneys, we see an extraordinary amount…
Are you worried about what might happen if you’re the victim of a hit-and-run car accident? As experienced car accident attorneys in Gainesville, FL, we’ve compiled a comprehensive list of steps to take immediately after the incident and in the following days and weeks. A hit-and-run accident can be defined in a couple of ways….
Gainesville attorneys at Avera & Smith answer: In Florida can I carry a gun in my car? Yes, you can carry a concealed firearm anywhere in your vehicle including on you if you have a license to do so from the State of Florida. You can obtain this through the permitting and application process. You…
The most common answer from any criminal defense attorney is that you have a 5th amendment right to remain silent, so exercise it. Unfortunately, it is not that simple. The quickest way to know things aren’t looking good is if you are read your Miranda Warnings, or “read you your rights.” What are my Miranda…
Though the citizens of Florida voted to amend the Florida Constitution to allow medical marijuana and the Florida Legislature has passed medical marijuana bills, it is still illegal to possess marijuana unless you are prescribed it by a qualifying physician. It should also be noted that marijuana is still illegal under federal law. What can…
GAINESVILLE, FL; March 13, 2018 – A St. Clair County Illinois Circuit Court judge has awarded plaintiff Lucas Williams $37.5 million for the death of his wife and his own complete disability as the result of a horrific drunk driving crash in 2010. “This was a tragic event that destroyed and changed lives forever,” said…
Up the creek without a paddle, in a boat without a rudder – whichever nautical idiom is your preference, both describe the feeling of negotiating with insurance companies without the help of a Gainesville insurance claim lawyer. Insurance companies deal with thousands of claims a day and are well-versed in the tips and tricks of…
What next? It’s the question that runs through all of our minds after an accident. The worse the accident, the easier it is to become overwhelmed. Even a professional tightrope walker would struggle to balance questions and paperwork from insurance companies, hospitals, and law enforcement, all while trying to get back to some semblance of…
Construction sites are one of the most typical places for workplace accidents to occur. Between rusty nails and heavy machinery, they’re simply a dangerous place to work. We’ve all seen the “X Days Since Last Accident” signs, and for good reason. According to OSHA, 1 in 5 of the worker deaths in the past year…
Advice from a Gainesville DUI Lawyer When you are arrested for Driving Under the Influence (DUI), often times you’re initially worried about the criminal charge and all that can come with it. A possible conviction, jail time, probation, fines, license suspension, etc. The good news is you will have plenty of time to learn about…
Personal Injury Can Happen to Anyone at Any Time Personal injury is extremely common. On average, 1 in 3 people are involved in an accident at some point in their lives. Personal injury is a category of injuries that includes the many ways people can be hurt, disabled, or suffer wrongful death. Whether you’ve been…
by Mark Avera The Florida Legislature is moving toward strengthening the law regarding texting and driving. A bill that does so just passed a key legislative committee and is headed in the right direction toward a final vote by the Senate. The bill designates texting and driving as a primary offense, allowing law enforcement to…
As with many technological advances, self-driving cars offer both great promise and a myriad of potential problems, including safety and legal ramifications. We are on the precipice of a fundamental change in transportation technology and how people interact with it, requiring a new look at laws and regulations, which is already underway. In 2012, Florida…
Injured in a Car Accident? If you’re injured in a car accident while driving a vehicle you don’t own in Gainesville, Florida, you still have rights. Here’s what you need to know: Insurance Follows the Vehicle Some people mistakenly believe that auto insurance follows the driver – and that’s only partially true. Auto insurance follows…
Facing a criminal charge in Gainesville, Florida, can leave your career and job prospects vulnerable. Let’s take a look at how Florida law regarding employment and a criminal defense case or conviction could impact your career. Reach out to a criminal defense lawyer today. Background Checks Almost every employer does a background check — 70…
Accidents are harsh on even the toughest people. Waking up every day and completing daily tasks such as cleaning, going to work, walking the dog, and taking care of your kids can seem impossible. Even doing the things you love can seem like a genuine struggle. Fortunately, there are tried and true strategies for staying…
No one likes to think about getting hurt on the job, but a workplace injury happens when we least expect it. Work can be dangerous, especially if you work in a place or in a profession that is high-risk, such as construction, hospitality, or anything involving machinery or manual labor. In these high-risk industries, it’s…
GAINESVILLE, Fla; January 26, 2017 – The Avera & Smith law firm, which has served the Gainesville community for more than 60 years, today announced that Partner Dawn Vallejos-Nichols has been honored by the American Institute of Personal Injury Attorneys as one of the 10 Best Female Attorneys for Client Satisfaction in North Florida. “Dawn…
GAINESVILLE, FL; December 21, 2016 – A jury in the Eighth Judicial Circuit Court of Florida has ruled in favor of Mary Faricy Pardue in the Engle Progeny Case against R.J. Reynolds Tobacco Company and Philip Morris USA Inc. Mrs. Faricy Pardue’s husband, popular University of Florida Professor Jack Faricy, passed away from heart disease…
by Mark Avera The holiday season is a joyful reminder of the blessings of family, friends and enjoyable times together. As people reflect on the year that was and look ahead to 2017, it’s often accompanied by a celebratory drink, or two. There is, however, a stark and sad reality to the holiday season each…
GAINESVILLE, FL; April 11, 2016 – Longtime Gainesville-based law firm Avera & Smith today announced it has prevailed in a disputed liability case before the Orange County Circuit Court against Dominos Pizza LLC and its delivery driver for a 2011 traffic that occurred at night on January 13, 2011 on East Colonial in Orange County….
GAINESVILLE, FL; April 7, 2016 – The Florida Supreme Court has ruled in favor of Avera & Smith client Lucille Soffer in a case against R.J. Reynolds Tobacco Company that will have significant implications for other Engle progeny cases statewide. In the ruling, the Supreme Court determined that there is “no legal or principled basis…
March 31, 2016 – Gainesville, FL; Longtime Gainesville-based law firm Avera & Smith today announced the hiring of attorney Jared Comstock as an associate attorney with the firm. “Jared is a diligent, impressive attorney who will be an important contributor to our firm and clients,” said Mark Avera, Partner, Avera & Smith. “He will focus on…
Gainesville, FL – Today, former State Senator Rod Smith filed to run for the new State Senate District 8. The new District 8 includes many of the same areas Rod Smith has served before, both as a State Senator and State’s Attorney, including the Putnam County, Alachua County, and Ocala communities. In announcing his candidacy for…
November 3, 2015 – Gainesville, FL; The Avera & Smith law firm, which has served the Gainesville community for more than 60 years, today announced that Dawn Vallejos-Nichols has been named a partner, joining partners Mark Avera, Lance Avera and Rod Smith. “Dawn is an exceptional attorney with nearly 20 years of experience at our…
September 14, 2015 – Gainesville and Pensacola, FL; A Pensacola Circuit Court jury has returned a $34 million tobacco verdict against R.J. Reynolds tobacco company on behalf of the family of Garry O’Hara, a man who passed away from lung cancer at age 50 subsequent to quitting smoking at age 35. “This is an important…
The dangers of texting while behind the wheel have been well documented, leading most states to adopt texting while driving bans to protect motorists on the road. Florida is now one of only five states in the country without legislation prohibiting this dangerous behavior. Despite repeated attempts in the legislature to pass such a law,…
Dawn M. Vallejos-Nichols, an attorney with Avera & Smith, has been invited by Senators Bill Nelson and Marco Rubio to serve on the Northern Conference of Florida’s Judicial Nominating Commission (JNC) for a two-year term. The JNC reviews the applications and recommends the most qualified candidates to serve as U.S. District Court Judges, U.S. Attorneys,…
Whether it be in a car accident, a fall caused by a broken set of stairs at a business or any other situation, those who are injured as a result of another person’s negligence may have a claim for both medical bills and pain and suffering. Nevertheless, no matter the cause, the right to bring…
In an effort to reduce the number of injuries and deaths caused by backup accidents, the National Highway Traffic Safety Administration recently issued a new rule that will require built-in rearview technology in all new cars manufactured in the United States. The measure is expected to save up to 15 lives per year and prevent…
Many motorists traveling in the Gainesville region will spend at least a portion of their drive on Interstate 75. The roadway experiences a significant amount of traffic each day, which has led to a number of motor vehicle accidents in the region. Officials have taken several steps to try to make highways throughout the state…
Prescription errors are common in the U.S. and may seriously injure or kill unsuspecting patients. Millions of Americans depend on their prescription medication to keep them healthy, cure a condition, minimize their symptoms and help them to achieve a better quality of life. A team of medical professionals, including physicians, nurses, pharmacists and pharmacy technicians…
Florida roads can be dangerous in the summer from distracted or intoxicated drivers. Summer is a social time in central Florida, but motor-vehicle drivers need to take care to remain focused and vigilant behind the wheel. Teens and college students are on summer break from school. Families take to the roads for vacations and day…
Large commercial trucks pose a threat to other motorists on the road, especially if they are operated by impaired, distracted or drowsy drivers. Large commercial tractor trailers are an essential part of the country’s economy, delivering necessities to various locations nationwide. Driving alongside these massive vehicles can be a bit scary and for a good…
This fall, there may be an increased risk of a child getting hit by a car as children walk to and from school or the bus stop. Summer is over, and kids everywhere have traded beach towels and flip flops for backpacks and binders. Drivers in Florida have likely encountered children throughout the summer crossing…
