1. Adequate Certification and Training:

Before you venture into coaching, ensure you have the necessary certifications from recognized bodies like the USA Pickleball Association. Continuous education in the sport and its safety protocols is crucial in maintaining a high standard of coaching and reducing liability.

2. Comprehensive Insurance Coverage:

Invest in a comprehensive insurance policy that covers general liability, professional liability, and possibly even medical payments for any injuries that may occur during your lessons. This will provide a financial cushion in the unfortunate event of accidents.

3. Waiver and Consent Forms:

Have every participant sign a waiver and consent form, acknowledging the inherent risks involved in the sport and agreeing not to hold you responsible for any injuries sustained. It’s advisable to have these forms drafted or reviewed by a legal professional to ensure they provide maximum protection.

4. Safety Briefings:

At the beginning of each lesson or training session, provide a safety briefing to outline the rules of the game, the importance of proper equipment, and the protocols to follow in case of an accident.

5. Equipment Checks:

Ensure that all the equipment used, including paddles and nets, is in good condition. Provide, or advise on the use of, safety gear such as suitable footwear, knee pads, and eyewear to prevent injuries.

6. Supervision and Instruction:

Offer close supervision during play and clear instructions to prevent misunderstandings and accidents. Correct improper techniques that could lead to injuries and always keep safety as the priority during your lessons.

7. First Aid and Emergency Procedures:

Have a well-stocked first aid kit accessible and be trained in basic first aid procedures. Establish clear emergency protocols, and ensure there’s a communication device available to contact emergency services if necessary.

8. Document Everything:

Keep detailed records of each training session, including attendance, what was taught, and any incidents that occurred. Documentation can be vital in providing evidence in case of legal disputes.

9. Foster Open Communication:

Encourage students to report any discomfort, injuries, or concerns. Open communication will help in addressing issues promptly and preventing potential legal problems.

10. Consult with Legal Professionals:

Having a legal advisor to consult on liability issues and to stay updated on the relevant laws and regulations concerning coaching and sports liability is invaluable.

By adhering to these steps, pickleball coaches can create a safer environment for their students while significantly reducing their liability exposure. The essence of coaching lies in not only teaching the sport but also ensuring that it’s learned and played in a safe, enjoyable manner.

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When you’re compensated for a physical injury, it isn’t taxable

Generally, this is true for both federal and state laws, regardless of whether you settled in or out of court. Federal tax law (the IRS) excludes any damages that you received due to personal physical injuries or physical sickness from your gross income. This is because the IRS sees that you’re being compensated for things like medical bills, pain, and suffering, lost wages, loss of consortium (business), emotional distress, and attorney fees.

There are some exceptions to this rule

Before you walk away thinking that you’ll never be taxed for any money that comes from these settlements, you should know that there are some times when the settlement money is taxable. It’s important to know what these are so that you aren’t surprised by them.

Settlements from a breach of contract are always taxable

Even when suffering from a personal injury or physical sickness, your damages will be taxed if they relate to a breach of contract. In other words, when a breach of contract results in your injuries and thus serves as the basis of your lawsuit, any settlement fees are taxable.

Punitive damages are always taxable

A court may include payment for punitive damages in your settlement. These are considered “punishment” for especially harmful behavior on the part of the defendant. Your lawyer should ask the judge to separate this verdict into punitive damages and compensatory damages to ensure that you’re able to prove to the IRS what part of the verdict was for compensatory damages since they aren’t taxable.

Interest in your judgment in a personal injury case is taxable

Another part of your personal injury verdict, which is taxable, is any interest in your judgment. In most states, there are court rules that add interest to your verdict based on the length of time your case was pending. For instance, if you were to file a lawsuit on January 1, 2019, you should receive interest starting on this date and running until you receive payment. This means that if you don’t win your trial until January 10, 2020, and then the defendant enters an appeal that drags the case out until March 31, 2021, you’ll receive two years and three months of interest payments on top of the amount you receive in the verdict. Unfortunately, you’ll be taxed for this part of your settlement.

Take some steps to ensure that as much money as possible isn’t taxable

If you have two claims against a defendant (one personal injury and one emotional injury), make sure that it’s explicitly stated in your settlement agreement how much money is for each type of injury. This is especially important when you’re being offered more money for your injuries than you are for your emotional injuries. Although this is something that the IRS can still challenge the non-taxability of your settlement, having this in writing will give you the best chance of success.

For more information on personal injury cases or help with settling yours contact the Blenner Law Group Palm Harbor in Palm Harbor, FL, today.

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What is a Durable Medical Power of Attorney (DPOA)?

Sometimes called a Health Care Surrogate, this is a healthcare document that states your wishes for when you’re too sick or injured to state them yourself. It begins by naming a trusted person who’s responsible for this task (a.k.a., agent, attorney-in-fact, health care proxy, healthcare surrogate). They’re legally bound to work with your healthcare providers to ensure that you get the medical attention you’ve stated in your power of attorney document or within a healthcare declaration (a.k.a., living will). Many states combine both of these documents into a single copy now. This is referred to as an “advance health care directive” or “advance directive” for short.

What is a Durable Financial Power of Attorney (FPOA)?

When you prepare an FPOA, you’re giving someone the authority to handle financial transactions (e.g., depositing your Social Security checks, closing a real estate deal, sorting through your mail, watching over your retirement accounts and investments, filing your tax returns) on your behalf if you become incapacitated. Once you have one of these documents in place, you’ll have a trusted person (a.k.a., agent, attorney-in-fact) who can handle these things for you. They don’t have to be an attorney or a financial expert. They need to be someone whom you completely trust. If necessary, they can use your assets to pay for any professional help they may need.

Why Do You Need Both of These Documents?

You may wonder why you can’t cover both your healthcare and financial matters in a single document. While technically you can, it isn’t a good idea to do so because it complicates things. For instance, you may include a lot of personal details and feelings in your healthcare documents that you wouldn’t include in your financial documents. Additionally, your healthcare providers don’t need to know the details of your finances. So, while you’ll want to create separate documents, you should name the same person to oversee them both. If this isn’t possible, you need to at least name people who can work well together.

How do You Create DPOA or an FPOA?

While you can easily create a power of attorney document for both your healthcare and financial needs on your own, you’ll eventually need some help from an attorney, so why not hire them to take care of everything for you? This will ensure that the document is personalized instead of just a fill-in-the-blank form. It’s also highly recommended if you have a more complicated situation.

As you create these documents, you’ll need to name an agent to oversee them. Once you’ve chosen this person, make sure that you talk to them about any concerns they may have.

Who can Help with Preparing Your Documents?

It only takes a small effort to prepare these documents. Doing so is well worth it because if something happens to you without a power of attorney in place, your loved ones will have to attend probate court. So, once you’ve finished creating your documents, you’ll need to sign and finalize them according to your state’s laws. If you’re in St. Petersburg, FL, contact us at Walt Blenner Law Group, P.A. to ensure that all of this is done correctly.

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Why Biking in Florida is So Dangerous

In 2019 a AAA survey discovered that the reason why so many bikers in Florida encounter a bike injury is that 56% ride with traffic, 36% don’t wear helmets, and another 21% ride against traffic. Unfortunately, bikers don’t need to encounter a personal injury if they’d simply follow the rules of the road. This means that bikers must understand that they have the same rights and responsibilities as motor vehicle drivers.

The National Highway Traffic Safety Administration (NHTSA) says that the two most common reasons for traffic accidents resulting in a bike injury are falls and collisions. Unfortunately, if you do get injured it isn’t as simple as turning the accident into your insurance because over 20% of drivers in Florida don’t have car insurance. Therefore if you’re hit by a driver you have a 1 in 5 chance of them covering your medical bills.

How to Avoid a Traffic Accident While Riding Your Bike

When you want to avoid getting into traffic accidents that result in a bike injury, it’s important to know what you’re doing before you even head out on your adventure. Here are a few tips that our personal injury lawyers think you should always remember.

Have the Right Bike

The first thing you want to do is make sure you have the right bike. Your bike needs to fit you properly so that it’s easier to control and you can avoid a personal injury. It’s also important to have a white light on the front of your bike and a red light on the back of it. You should also have reflectors on it.

Wear the Right Gear

Once you have the right bike, it’s time to get the right gear. Not only should you dress in bright clothes during the day, but you should wear reflective gear at night to avoid traffic accidents. Another important way of foregoing a bike injury is to wear a properly fitted helmet – one that fits snugly.

Be a Good Biker

Make sure you always follow the rules of the road. Remain alert as you ride with the flow of traffic. This may result in you encountering some road hazards (e.g., potholes, gravel, broken glass, puddles) so watch for them so you don’t develop a personal injury.

It’s also important for you to signal to other drivers where you’re going and make sure that they see you doing so. If you’re riding on a sidewalk, make sure you tell any pedestrians you encounter that you’re about to pass by them before doing so.

These things are easier when you take the time to plan your route before heading out onto the road because then you’ll know what to expect so you can avoid traffic accidents. This also allows you to choose roads that have less traffic, a slower speed limit, and sidewalks.

Filing a Personal Injury Case for Your Bike Injury

If you still encounter a bike injury, you’ll want to contact a personal injury lawyer right away. At the Blenner Law Group in St Petersburg & Palm Harbor, FL we’ll help you fully recover financially. You may be entitled to compensation for the expenses related to the accident, any lost wages, and for your pain and suffering. Make sure you talk to us as soon as possible after your accident.

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Talking to Other People

Interacting with other passengers while driving a vehicle is one of the common causes of distracted driving. You should remain focused on the road even if you are talking to other people while driving and make it clear to them if you need silence from all the passengers at any point.

Eating and Drinking

Eating and drinking can create a distraction while driving that may potentially lead to car accidents. At the very least, if you become distracted and don’t concentrate while driving, it will create more risk of causing an accident. Try to avoid foods and drinks with packaging that is difficult to handle while driving, and choose small and easy snacks that you can grab without looking or paying too much attention to the food.

Trying to Navigate

While you may consider this to be an important part of making any journey in your car, reading or looking at anything – including maps – can further the risk of a car accident and distract you from the important task at hand. Always choose hands-free options, or pull over to the side of the road and stop your car if you need to look at maps in more detail.

Listening to Music

Listening to music is one of the most popular activities for many drivers, but if it takes your attention off the road, it might become risky. Not only can loud and distracting music take your focus away from driving, but you may also become distracted by changing the station, switching on your Bluetooth devices, or plugging in any accessories.

Get Help After an Accident

With distracted driving so commonplace on the road, there will be times when people in St Petersburg and Palm Harbor may need to enlist the help of a personal injury attorney. Blenner Law Group is there to fight for your legal rights and offers experienced and knowledgeable legal representation.

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According to The National Highway Traffic Safety Administration car accidents caused by speeding are up as much as 15% in some areas during recent months. The resulting injuries become worse as your speed increases. This speed is also a significant factor in crash liability.

It should be no surprise that speeding isn’t only common but also quite dangerous. According to The National Highway Traffic Safety Administration, approximately one-third of all deadly crashes occur when at least one of the parties involved has been speeding. What’s interesting is that most drivers don’t think it’s an issue. They’ll even go so far as to make excuses for it.

In reality, driving at a high rate of speed has many dangerous consequences, including:

• You’re unable to easily maneuver your vehicle around obstructions and curves in the roadway.
• You need more time and distance so you can stop safely.
• Since it takes a bit for you to react to your vehicle when you get in an accident while speeding you’re more likely to get injured.
• You can’t possibly react fast enough to assess just how fast another vehicle is traveling when it’s moving at a high speed.

Undoubtedly, cars traveling at excessive speeds are frequently a liability. Just how big of a liability they are will depend on factors specific to the case.

Defining Speeding

Although this sounds easy, you should know that you could also get a speeding ticket when you’re traveling too fast for the road conditions, even when you’re going under the speed limit. This is why you need to remain alert to any changes in weather conditions. Of course, you also need to watch for congested traffic, roadway debris, poorly maintained roads, and anything around you (e.g., bicyclists, pedestrians, animals).

According to F.S. 316.183, you aren’t permitted to drive your vehicle at an unreasonable speed. As a driver, you’re responsible for controlling your speed so you avoid causing a car accident. This is important to understand because if you’re found negligent you’ll also be found liable. Negligence is defined as not being careful enough to avoid harming someone else. When found negligent you’ll incur fines and points on your driver’s license. You may also be held liable for your actions if someone else gets hurt.

Retaining a Lawyer After a Car Accident

Just because you were in a car accident where someone is injured or killed doesn’t mean it has to go to litigation. Relatively minor injuries can be adequately compensated with the personal injury protection (PIP) part of your insurance coverage. This coverage offers about $10K in coverage for medical and wage loss. No proof of fault is necessary.

When you’re in a car accident that meets the severe injury threshold you may step outside of the no-fault system to pursue a claim with the other driver’s insurance. To do this you must be able to prove the other driver’s negligence. This means that if you can prove that the other driver was traveling at too high of a rate of speed you can prove that they’re breaching their duty of care for others as a driver.

To win your case here you not only need to prove this, but you must also prove that they caused the crash and your injuries. It’s also important for you to defend against accusations that you contributed to the accident and the injuries that were incurred therein.

When you get into a car accident in St. Petersburg, reach out to us at Blenner Law Group. We may be able to forego a lawsuit and still negotiate a fair insurance settlement for you. Put our dedication to the test. Contact us today.

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